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Agenda Item
ASR
Control 16-000189 |
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MEETING DATE: |
05/10/16 |
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legal entity taking action: |
Board of Supervisors |
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board of supervisors
district(s): |
All Districts |
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SUBMITTING
Agency/Department: |
Health Care Agency
(Approved) |
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Department contact
person(s): |
Donna Fleming (714) 834-2980 |
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David Souleles (714) 834-3882 |
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Subject: Master Agreement for
Purchase of Various Vaccines
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ceo CONCUR |
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Clerk of the Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
FY 2016-17 $250,000 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
Authorize the County Purchasing Agent or Authorized Deputy to execute Master Agreement with the State of Minnesota and GlaxoSmithKline LLC for the purchase of the various vaccines, in an amount not to exceed $750,000, commencing July 1, 2016, through June 30, 2019.
SUMMARY:
The Health Care Agency requests approval of the Master Agreement with the State of Minnesota and GlaxoSmithKline LLC for the purchase of various vaccines, which are administered to prevent and reduce the risk of infectious disease.
BACKGROUND INFORMATION:
The State of Minnesota's Multistate Contracting Alliance for Pharmacy Agreement (MMCAP) is a cooperative agreement that any government entity may access for purchasing. The State of Minnesota administers the MMCAP Agreement on behalf of its MMCAP Participating Members, which for vaccines is GlaxoSmithKline LLC. Minnesota selected GlaxoSmithKline LLC through a Request for Proposals, which meets the County's Contract Policy Manual Section 3.1-105(a) for a competitive procurement process.
The Health Care Agency's Public Health Services and Medical Services purchase vaccines for administration to Orange County residents and employees consistent with California Health and Safety Code, California Division of Occupational Safety and Health and Centers for Disease Control and Prevention (CDC) Advisory Committee for Immunization Practices guidelines and recommendations. Public Health Services provides immunizations to residents seeking protection from infectious disease for medical, employment, school, and travel purposes. In FY 2014-15, Family Health administered 15,106 vaccines to infants and children up to 19 years of age and administered 6,873 vaccines to adults 19 years of age and older. Medical Services provides vaccines to County healthcare workers, laboratory workers, and law enforcement employees that are at risk of exposure. In FY 2014-15, Employee Health Services administered 1,675 vaccines to County employees.
Vaccines are approved by the United States Food and Drug Administration (FDA); and vaccine safety is monitored through the Vaccine Adverse Event Reporting System (VAERS), a national vaccine safety surveillance program co-sponsored by the CDC and FDA. VAERS is a post-marketing safety surveillance program, collecting information about adverse events (possible side effects) that occur after the administration of vaccines licensed for use in the United States. This program provides a nationwide mechanism by which adverse events following immunization may be reported, analyzed, and made available to the public.
This Master Agreement does not include subcontractors or pass through to other providers. See Attachment B for Contract Summary Form.
This Master Agreement contains indemnification for third party intellectual property infringement claims against the County for use of Contractor’s products. However, it differs from the County’s standard of sole indemnification practice in that it lacks indemnification for third party claims against the County related to the safety of the vaccines. The Master Agreement also limits the Contractor’s liability for County’s lost profits and incidental or consequential damages in using Contractor’s products. In accordance with Contract Policy Manual (CPM) § 3.1-116(1), commodity agreements under $250,000 that contain variant indemnification and limitation of liability provisions must be approved by the Board unless both CEO/Risk Management and County Counsel agree that the legal risk to the County due to such variation is minimal. After careful evaluation of these variant provisions, CEO/Risk Management and County Counsel did not agree that the risk due to the variant provisions listed above is minimal. Therefore, the Board is being asked to review the variant provisions and determine approval of the Agreement. Independent of its role under § 3.1-116(1), CEO/Risk Management has reviewed the indemnification and limitation of liability provisions in accordance with § 2.3-102(1) and has determined the risk to be acceptable for these services.
The Health Care Agency requests that the Board authorize the County Purchasing Agent or authorized Deputy to execute Master Agreement MA-042-16011528 with the State of Minnesota and GlaxoSmithKline LLC as referenced in the Recommended Action.
FINANCIAL IMPACT:
This Agreement is included in the Health Care Agency's FY 2016-17 Requested Budget and will be included in the budgeting process for future years.
Funding Source:
State: 60% (Realignment)
Federal: 7% (Ryan White Part A)
Other: 21% (Dental Fees)
General Fund: 12%
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Master Agreement with the State of
Minnesota and GlaxoSmithKline LLC
Attachment B - Contract Summary Form
Attachment C - Risk Assessment Forms