REPORT/RECOMMENDATION TO THE BOARD OF SUPERVISORS
OF SAN BERNARDINO COUNTY
AND RECORD OF ACTION
February 11, 2025
FROM
JOSHUA DUGAS, Director, Department of Public Health
SUBJECT
Title
Contract with Illumina Incorporated for the Purchase of Reagent Testing Supplies
End
RECOMMENDATION(S)
Recommendation
1. Approve Contract (Quote No. 00021280.0) with Illumina Incorporated, including non-standard terms, for purchasing reagent supplies used for whole genome sequencing, in the total amount not-to-exceed $180,000, for the period of February 14, 2025, through February 14, 2027.
2. Authorize the Chair of the Board of Supervisors, Chief Executive Officer, or Director of the Department of Public Health to execute any subsequent non-substantive amendments related to the Contract with Illumina Incorporated, on behalf of the County, subject to review by County Counsel.
3. Direct the Director of the Department of Public Health to transmit all non-substantive amendments in relation to the Contract with Illumina Incorporated to the Clerk of the Board of Supervisors within 30 days of execution.
(Presenter: Joshua Dugas, Director, 387-9146)
Body
COUNTY AND CHIEF EXECUTIVE OFFICER GOALS & OBJECTIVES
Provide for the Safety, Health and Social Service Needs of County Residents.
Pursue County Goals and Objectives by Working with Other Agencies and Stakeholders.
FINANCIAL IMPACT
Approval of this item will not result in the use of Discretionary General Funding (Net County Cost). The cost will not exceed $180,000 for a two-year period of February 14, 2025, through February 14, 2027. Laboratory testing supplies are funded through a variety of sources including Medi-Cal, self-pay, and 1991 Realignment funding. Adequate appropriation and revenue have been included in the Department of Public Health’s (DPH) 2024-25 recommended budget and will be included in future recommended budgets.
BACKGROUND INFORMATION
Illumina Incorporated (Illumina) provides a variety of laboratory testing supplies, necessary to test for whole genome sequencing of pathogens and are used to gather detailed genetic information that improves detection and tracking of infectious diseases. Timely and accurate testing is necessary for DPH to identify, treat, and prevent disease.
Illumina supplies assist DPH with investigating outbreaks and controlling the spread of various pathogens. The testing also allows DPH to monitor trends in antimicrobial resistance, making them a valuable tool for protecting public health.
Illumina provides a standard contract, which includes terms and conditions which differ from the standard County contract language and omits certain County standard contract terms. The non-standard terms include:
1. The Contract does not require Illumina to meet the County’s insurance standards as required pursuant to County Policies, 11-05, 11-07 and 11-07SP.
• County policy requires contractors to carry appropriate insurance at limits and under conditions determined by the County’s Risk Management Department and as set forth in County policy and in the County standard contract.
• Potential Impact: The County has no assurance that Illumina will be financially responsible for claims that may arise under the Contract, which could result in expenses to the County that exceed the total Contract amount.
2. The County is required to indemnify Illumina for any claims arising out of the Contract.
• The County standard contract does not include any indemnification or defense by the County of a contractor.
• Potential Impact: By agreeing to indemnify Illumina, the County could be contractually waiving the protection of sovereign immunity. Claims that may otherwise be barred against the County, time limited, or expense limited could be brought against Illumina without such limitations and the County could be responsible to reimburse Illumina for costs, expenses, and damages, which could exceed the total Contract amount.
DPH recommends approval of the Contract with Illumina, including the non-standard terms, to be able to purchase testing supplies at annual fixed prices. The supplies are essential for investigating outbreaks and controlling the spread of various pathogens and will continue to provide for the health and safety of county residents.
PROCUREMENT
The Purchasing Department supports this non-competitive procurement based on DPH’s existing equipment. Illumina’s equipment is currently in use by DPH, and they are the sole provider of the reagent supplies that are compatible with their products.
REVIEW BY OTHERS
This item has been reviewed by County Counsel (Adam Ebright, Deputy County Counsel, 387-5455) on January 17, 2025; Purchasing (Ariel Gill, Supervising Buyer, 387-2070); on January 15, 2025; Risk Management (Gregory Ustaszewski, Staff Analyst, 386-9008) on January 9, 2025; Finance (Iliana Rodriguez, Administrative Analyst, 387-4205) on January 22, 2025; and County Finance and Administration (Robert Saldana, Deputy Executive Officer, 387-5423) on January 27, 2025.