To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Master Membership Agreement #76-891with Emergency Care Research Institute
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Health Services Director, or designee, to execute on behalf of the County Master Membership Agreement #76-891 with Emergency Care Research Institute, a non-profit corporation, in an amount not to exceed $24,033 for an annual membership to provide access to benchmarking information, spend data, and recall alerts for items procured at Contra Costa Regional Medical Center (CCRMC) for the period October 1, 2024 through September 30, 2025. Memberships automatically renew for subsequent one-year terms subject to payment limit changes.
FISCAL IMPACT:
Approval of this Master Membership Agreement will result in annual contractual service expenditures of up to $24,033 and will be funded 100% by Hospital Enterprise Fund I.
BACKGROUND:
Contractor will provide CCRMC access to benchmarking information, spend data, and recall alerts for items procured by County’s Materials Management. This information is vital for supply chain management and will assist the department in procuring products and finding substitutions. It is recommended that the contract is established for one-year with a payment limit of $24,033 effective October 1, 2024.
Health Services Personnel approved this Agreement t to ensure no conflicts with labor relations. CCRMC’s Quality Management, Utilization Management and Contract Monitor Staff meet on a regular basis to ensure monitoring and performance measures in the Agreement are upheld. This Master Membership Agreement is under $25,000 and therefore exempt from solicitation requirements.
This Agreement includes County agreeing to be responsible for all collection costs, including Contractor’s reasonable attorneys’ fees, if County fails to pay any amount due under this Agreement. County also agrees to defend, indemnify, and hold Contractor harmless for any damages, claims, losses, or fees that arise out of or relate to County disclosing Protected Health Information to Contractor. This Agreement includes limitations on liability that limit each party’s entire liability for damages arising out of or in connection with this Agreement. Except for claims involving fraud, intellectual property infringement, data supplied to Contractor, or third-party claims, each party’s total liability will not exceed the amount payable in the prior twelve (12) months for the membership that is the subject of the claim for damages. Contractor is also not liable for any penalties, interest, taxes or other amounts imposed by any governmental or regulatory authority. Neither party is liable to the other for indirect, incidental, punitive, special or consequential damages, for loss of data, or loss of profits (in either case, whether direct or indirect) even if the damages or losses could have been foreseen or prevented.
Approval of Agreement #76-891 will allow Contractor to provide access to benchmarking information, spend data, and recall alerts for items procured by County’s Materials Management through September 30, 2025. This Agreement was delayed due to ongoing language negotiations between the Division and Contractor.
CONSEQUENCE OF NEGATIVE ACTION:
If this Master Membership Agreement is not approved, CCRMC will not have access to products supplied by Contractor, which may delay services to patients.