To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Purchase Order with Evident Scientific, Inc.
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Purchasing Agent, or designee, to execute on behalf of the Health Services Director, a purchase order with Evident Scientific, Inc. in an amount not to exceed $1,978 and ACCEPT their Terms and Conditions for the purchase of a U-GAN Gout Analyzer and Polarizer for Contra Costa Regional Medical Center (CCRMC).
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $1,978 and will be funded by Hospital Enterprise Fund I revenues.
BACKGROUND:
The U-GAN Gout Analyzer from Evident Scientific, Inc. is a specialized microscope accessory used for the polarized-light analysis of crystals, particularly in the diagnosis of gout and pseudogout. It is designed to identify monosodium urate crystals and calcium pyrophosphate crystals by enhancing their birefringence and color under polarized light. The U-GAN Gout Analyzer is widely used in clinical laboratories and pathology departments because it simplifies the process of compensated polarized microscopy.
The U-GAN Gout Analyzer currently in use at CCRMC is the only unit of its kind available in the laboratory and is in deteriorating condition. It is being held together with temporary solutions, and replacement parts are no longer available. Recently, the unit has begun to short out intermittently, which is significantly hindering the laboratory’s ability to perform essential diagnostic work. Due to the critical role this equipment plays in daily operations, the purchase of a new U-GAN Gout Analyzer is urgently needed.
Purchases from Evident Scientific, Inc. ("Evident") are subject to their standard terms and conditions, which include a liquidated damages clause for delinquent payments, and limitations on the county's available remedies and the vendor's total liability for claims arising from the county's purchase. For any product deficiencies, the county's exclusive remedy is to accept replacement parts or services. Additionally, pursuant to Evident's terms, all claims, whether arising in contract, warranty, indemnity, tort, strict liability, or otherwise, related to the performance or breach of the contract, or the use of any products or services, shall be limited to an amount not exceeding the purchase price of the specific product or service giving rise to the claim. The county is obligated to indemnify Evident against such claims by county's patients, staff, or subsequent purchasers of the products or services; the county is also required to indemnify Evident for any and all claims arising out of or related to the presence of and improper disposal or handling of hazardous materials on county property. The limitation on Evident's liability also extends to any loss or damage arising from Evident's failure to discover or repair latent defects or defects inherent in the design of its products or services. Dispute resolution pursuant to Evident's terms includes resolving disputes in Massachusetts and in accordance with Massachusetts law.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, CCRMC may face significant disruptions in laboratory operations, potentially delaying critical diagnostic services.