To: Board of Supervisors
From: Dr. Ori Tzvieli, Interim Health Services Director
Report Title: Purchase Order with SEER Technology, 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 Interim Health Services Director, a one-time purchase order with SEER Technology, Inc. in an amount not to exceed $100,000 and Standard Terms and Conditions of Sale for the purchase of the AccuSense Chemical Recognition System and all necessary accessories and/or components, and warranty for the Contra Costa Hazardous Materials Division (HazMat).
FISCAL IMPACT:
Approval of this action will result in a one-time expenditure of up to $100,000 and will be funded by the 2024 Urban Area Security Initiative (UASI) Grant.
BACKGROUND:
HazMat seeks to purchase AccuSense from SEER Technology, Inc., the sole manufacturer and provider. AccuSense features exclusive chemical detection technology, including field-deployable dual hyphenated gas chromatography and AI-driven analysis of airborne chemicals.
As an emergency response team, HazMat requires devices capable of identifying unknown substances, including remote detection. This system will integrate with existing equipment to enhance substance detection and analysis from a safe distance. SEER Technology met our specific device requirements, and the AccuSense Chemical Recognition System will allow seamless connectivity with our other devices.
This purchase is subject to the terms and conditions of SEER Technology, Inc., which require the County to indemnify and hold harmless the vendor and its agents and employees against any loss, damage, or claim, including attorney’s fees, that may arise from or relate to the County’s purchase. The County will reimburse the vendor for all costs, including attorney’s fees and other expenses, incurred by the vendor in the collecting any overdue amounts or in enforcing it rights under this agreement.
Under no circumstances shall the vendor be liable for any special, consequential, incidental, indirect, or liquidated damages, losses, or expense (whether or not based on negligence) resulting directly from delays or from failure to provide notice of delay. The vendor will not be liable for personal injury, property damage, or any other loss, costs of repairs, or incidental, punitive, special, consequential, or liquidated damages of any kind, regardless of whether based on warranty, contract, strictly liability, negligence, or any other cause of action arising from the design, manufacture, sale, transportation, installation, use, or repair of the products sold.
The County acknowledges and agrees that the vendor’s liability, if any, shall not exceed the purchase price of the defective product(s), net of all transportation and delivery costs or charges. This purchase is being justified via sole source.
Approval of this request will enable SEER Technology, Inc. to provide the necessary AccuSense system, ensuring HazMat has the advanced chemical detection capabilities needed for safe and effective emergency response.
CONSEQUENCE OF NEGATIVE ACTION:
If this action is not approved, it would result in the loss of approved 2024 UASI Grant funding and prevent HazMat from maintaining the specialized equipment needed for critical operations, ultimately compromising safety and operational readiness.