To: Board of Supervisors
From: Anna Roth, Health Services Director
Report Title: Contract #72-232 with Illumina, Inc.
☒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 Contract #72-232 with Illumina, Inc., a corporation, which includes Quotation #4608806 and Service Contract Terms and Limitations, in an amount not to exceed $46,165 for preventative maintenance services on the Illumina MiSeq instrument, for the period from June 23, 2024 through June 22, 2027.
FISCAL IMPACT:
This contract will result in contractual service expenditures of up to $46,165 over a 3-year period and will be funded 100% by Public Health Laboratory fees.
BACKGROUND:
The Illumina MiSeq has become a widely-used tool in genomic sequencing of pathogens. The service of this instrument at the Public Health Laboratory provides continued use and assurance of proper performance of the instrument. This instrument can only be serviced by Illumina, Inc. since they are specialized it its technology. This contractor has been approved by the Public Works Department’s Purchasing Division on April 11, 2024.
Under contract #72-232, the parties will execute Quotation #4608806 including the following non-standard contract terms and conditions: i) Contractor shall not be obligated to provide a substitute preventative maintenance visit; ii) Contractor shall not be liable for any economic, consequential, incidental, special or other damages or losses of any kind resulting from the down time during such preventative maintenance visits; iii) Contractor shall not be liable to purchase for costs of procurement of substitute products or services, lost profits, data or business, or for any indirect, special, incidental, exemplary, consequential or punitive damages arising out of or in connection with, without limitation, the sale of the covered hardware or service contract, use of the covered hardware, the items and services provided hereunder, Contractor’s performance or any of these terms and conditions, however arising or caused and on any theory of liability (whether in contract, tort (including negligence), strict liability or otherwise); and iv) Contractor’s total and cumulative liability shall not exceed the amount paid to Contractor for the billable services.
CONSEQUENCE OF NEGATIVE ACTION:
If this contract is not approved, the Public Health Laboratory will not be able to rely on the working conditions of this equipment for the sequencing of patient specimens and retail meat surveillance.