To: Board of Supervisors
From: Dr. Grant Colfax, Health Services Director
Report Title: Payments for Services Provided by Forward Advantage Holdings, Inc
☒Recommendation of the County Administrator ☐ Recommendation of Board Committee
RECOMMENDATIONS:
APPROVE and AUTHORIZE the Auditor-Controller, or designee, to pay $23,619 to Forward Advantage Holdings, Inc, a corporation, for additional network log-in software licenses, maintenance, and support for Contra Costa Health’s (CCH) Information Systems Unit provided during the period March 1, 2024 through October 29, 2025, as recommended by the Health Services Director.
FISCAL IMPACT:
Approval of this payment will result in a one-time expenditure of $23,619 and will be funded 100% by Hospital Enterprise Fund I revenues.
BACKGROUND:
This Contract meets the needs of the County by providing licenses, software maintenance and support for CCH’s Information Systems Unit’s Information Management Program. This Program requires secure and efficient access to County computer systems for CCH hospitals and clinic staff, allowing a practical means for staff to electronically sign controlled substance medication orders within Epic CCH’s electronic medical records system. Imprivata OneSign SSO offers a multi-factor authentication, Single Sign-On (SSO) solution that improves security and workflow when accessing information systems. iGel Technology Corporation’s E-Prescribing (EPCS) allows doctors to prescribe medicine using a Token ID & a Windows ID in Epic and provides robust identification capabilities when electronically prescribing controlled substances. Forward Advantage Holdings is also the authorized reseller of iGel Technology Corporation Workspace Edition (OS 11 & UMS) Solution, which serves as the clinical desktop used for all patient care.
On December 7, 2021, the Board of Supervisors approved Purchase Order #24056 with Forward Advantage, Inc., for the renewal of CCH’s Imprivata Single Sign On (SSO) and Confirmation ID for Electronic Prescribing of Controlled Substances (EPCS) software licensing for CCH Information Systems Unit.
In November 2022, the County Administrator approved, and the Purchasing Services Manager executed Contract #23-612-3 with Forward Advantage, Inc., in an amount not to exceed $167, 468, for the provision of software maintenance and support services to CCH’s Information Systems Unit, for the period November 1, 2022 through October 31, 2024.
In April 2023, the County Administrator approved, and the Purchasing Services Manager executed a Consent to Assignment and Amendment (County Contract #23-612-6) with Forward Advantage Holdings, Inc, effective April 26, 2023, to amend the agreement, reassigning it from Forward Advantage Inc to Forward Advantage Holdings, Inc, with no change in the term ending October 31, 2024.
On October 22, 2024, the Board of Supervisors approved Contract Amendment/Extension #23-612-7 with Forward Advantage Holdings, Inc., effective October 22, 2024, to increase the payment limit by $97,780 to a new payment limit of $265,248 and to extend the termination date from October 31, 2024 to October 29, 2025 for additional software maintenance and support for CCH’s Information Systems Unit.
CCH’s Information Systems received Invoice #82250 dated January 2025, for OneSign SSO Annual Premium maintenance and support, which exceeds the Contract payment limit of $265,248 by $23,619. Invoice #82250 corrects Forward Advantages, omitting the billing of service under Invoice #81978 for software maintenance and support period March 1, 2024, through October 29, 2025, during which time Forward Advantage provided services under the County, under Contract Amendment #23-612-7; however, the payment limit and term in the invoice exceed that of Contract Amendment #23-612-7.
The Contractor is entitled to payment for the reasonable value of its services under the equitable relief theory of quantum meruit. That theory provides that where a Contractor has been asked to provide services without a valid contract, and the Contractor does so to the benefit of the County, the Contractor is entitled to recover the reasonable value of those services. The Contractor has provided services at the request of the County after the original Contract payment limit had been reached. The Department cannot pay Contractor for services rendered that exceed the Contract limits. As such, the Department recommends that the Board authorize the Auditor-Controller to issue a one-time payment not to exceed $23,619.
CONSEQUENCE OF NEGATIVE ACTION:
If this payment is not approved, the Contractor will not be paid for services requested by County and provided by Contractor in good faith.