To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Contract Amendment #72-141-1 with Constant Contact, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute contract amendment #72-141-1 with Constant Contact, Inc., effective March 23, 2026, to amend Contract 72-141-0, to increase the payment limit by $119,700 to a new payment limit of $239,400 to allow the Public Health Division to continue using email marketing software platform for community resource mailers, and extend the term through March 22, 2031.
FISCAL IMPACT:
Approval of this contract amendment will result in additional expenditures of up to $119,700 and will be funded 100% by General Funds.
BACKGROUND:
Constant Contact, Inc. is an online marketing company offering a mass email marking solution that is compliant with the Health Insurance Portability and Accountability Act (HIPAA) of 1996. This Contract meets the social needs of Contra Costa County’s Community Connect program by affording the ability to electronically send HIPAA sensitive community resources and information to enrolled members, aiding in the County’s intent to protect the privacy and provide for the security of Protected Health Information (PHI); this service provides for a single use platform. Health Services Personnel approved this Contract to ensure no conflicts with labor relations. This Contractor was approved by the Public Works Department’s Purchasing Division on March 17, 2026, in compliance with Administrative Bulletin 600.3 requirements. A summary of service contract deliverables, including measurable outcomes required of the Contractor to be monitored by the department in compliance with Section III (B)(7) of the Purchasing Policy include all internal vendor practices, books and records relating to the use of PHI.
On March 23, 2021, the Board of Supervisors approved agenda item C.67 to enter into Constant Contact Website and Products Terms and Conditions of Use, and execute a Side Letter with Constant Contact, Inc., a corporation, in an amount not to exceed $119,700 to provide a hosted email marketing software platform from the period from March 23, 2021 through March 22, 2026. The governing Website and Products Terms and Conditions of Use agreement requires the County to indemnify Constant Contact, Inc., for claims arising from County’s use or inability to use the software.
Approval of this action will allow the Contractor to continue to provide services through March 22, 2031.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, Contra Costa Health Services will no longer reap the benefits of a HIPAA-compliant email marketing software platform, which could delay the sharing of important health information.