File #: A 23-202    Name: ESO Solutions, Inc. Trauma One Software
Type: BoS Agreement Status: Passed
File created: 5/18/2023 In control: Board of Supervisors
On agenda: 6/13/2023 Final action: 6/13/2023
Title: a. Approve and authorize the Director of Health, Assistant Director of Health, or Emergency Medical Services (EMS) Agency Director to execute a Agreement with ESO Solutions, Inc., to furnish access to Trauma One v4.21, Trauma One AIS-2015, a Trauma One Data Link interface, maintenance, training, and technical support, effective December 1, 2021 through November 30, 2026, for a total Agreement amount not to exceed $36,169; and b. Approve nonstandard termination and indemnification provisions as recommended by the Director of Health; and c. Authorize the Director of Health, Assistant Director of Health, or EMS Director to execute up to three future amendments where the combined amendments do not exceed 10% ($3,616) of the original contract amount and does not significantly change the scope, total not to exceed maximum of $39,785.
Attachments: 1. Board Report, 2. Agreement, 3. Completed Board Order Item No. 22, 4. Agreement (Fully Executed), 5. Addendum (Fully Executed), 6. Exhibit A (Fully Executed), 7. Exhibit B (Fully Executed)

Title

a. Approve and authorize the Director of Health, Assistant Director of Health, or Emergency Medical Services (EMS) Agency Director to execute a Agreement with ESO Solutions, Inc., to furnish access to Trauma One v4.21, Trauma One AIS-2015, a Trauma One Data Link interface, maintenance, training, and technical support, effective December 1, 2021 through November 30, 2026, for a total Agreement amount not to exceed $36,169; and

b. Approve nonstandard termination and indemnification provisions as recommended by the Director of Health; and

c. Authorize the Director of Health, Assistant Director of Health, or EMS Director to execute up to three future amendments where the combined amendments do not exceed 10% ($3,616) of the original contract amount and does not significantly change the scope, total not to exceed maximum of $39,785.

Report

RECOMMENDATION:

It is recommended that the County of Monterey Board of Supervisors:

a. Approve and authorize the Director of Health, Assistant Director of Health, or Emergency Medical Services (EMS) Agency Director to execute a Agreement with ESO Solutions, Inc., to furnish access to Trauma One v4.21, Trauma One AIS-2015, a Trauma One Data Link interface, maintenance, training, and technical support, effective December 1, 2021 through November 30, 2026, for a total Agreement amount not to exceed $36,169; and

b. Approve nonstandard termination and indemnification provisions as recommended by the Director of Health; and

c. Authorize the Director of Health, Assistant Director of Health, or EMS Director to execute up to three future amendments where the combined amendments do not exceed 10% ($3,616) of the original contract amount and does not significantly change the scope, total not to exceed maximum of $39,785.

 

SUMMARY/DISCUSSION:

The Health Department seeks authorization to retroactively execute an Agreement between the County of Monterey and ESO Solutions, Inc. to provide access to Trauma One trauma patient registry software.

 

Pursuant to California Health and Safety Code, Section 1797 et seq., the County of Monterey EMS Agency (County) is responsible for EMS system coordination, medical oversight, and coordination of the delivery of EMS by provider organizations in Monterey County. 

 

The EMS Agency is designated under California law by Monterey County as the local Emergency Medical Services Agency responsible for regulation the Monterey County EMS system.  Pursuant to California Code of Regulations, Title 22, Section 100404 (a), the local EMS agency shall develop and implement, in cooperation with other EMS system participants, a system-wide written EMS quality improvement (QI) program.  Such programs shall include indicators which address, but are not limited to, Clinical Care and Patient Outcome.

 

California Code of Regulations, Title 22, Section 100258 states that the local EMS agency is responsible for the development and ongoing evaluation of the trauma system including quality improvement processes.  Furthermore, Section 100257 (a) states that the local EMS agency shall develop and implement a standardized data collection instrument and implement a data management system for trauma care.

 

The designated Trauma Center within Monterey County utilizes Trauma One software to facilitate maintenance of its registry of trauma patients, including data elements pertinent to their care and treatment.  This Agreement will provide the EMS Agency with access to the data and will also reduce the burden currently placed on the designated Trauma Center to provide the data to the EMS Agency via a separate process. Additionally, this access will allow the EMS Agency to closely monitor care provided thus aiding the Agency in the regulatory and oversight capacities. The Agreement contains nonstandard termination and indemnity provisions that limit the vendor’s liability but do not pose a high risk to the County.

 

The EMS Agency previously had an Agreement with Lancet Technology, Inc. for the provision of the software covered by this new Agreement.  The Agreement with Lancet expired on January 15, 2020.  At that time, ESO was in the process of purchasing Lancet Technology and a new Agreement was not implemented.  However, Lancet/ESO continued to provide access to the software.  A replacement Agreement was delayed due to vendor delays in determining the appropriate contracting entity after the acquisition of Lancet, vendor request for significant changes to the Business Associate Agreement (BAA), and issues related to the data interface that prevented consistent access to the data within the registry.  These data access issues required a significant amount of time to resolve.  Therefore, the EMS Agency seeks authorization to execute this Agreement on a retroactive basis.

This work supports the Monterey County Health Department 2018 - 2022 Strategic Plan Goals: 2. Enhance public health and safety through prevention and 4. Engage MHCD workforce and improve operational functions to meet current and developing population health needs.  It also supports two of the ten essential public health services, specifically, 3. Inform, educate, and empower people about health issues, and 9. Evaluate effectiveness, accessibility, and quality of personal and population-based health services.

 

OTHER AGENCY INVOLVEMENT:

The Office of County Counsel has approved this Agreement as to legal form. 

 

FINANCING:

This Agreement will have no impact on the General Fund Contribution.  The cost of services to be provided under this agreement will be covered by CSA-74 Special Tax. There are sufficient appropriations and revenues in the Health Department’s FY 2022-23 Adopted Budget (001-4000-8109-HEA006) to cover this expense. The cumulative amount due this FY 2022-2023 and prior years is $15,235.  The funds for this Agreement for FY2023-24 were included, and for FY2024-25 and FY2025-26 will be included, in the Health Department’s Emergency Medical Services Bureau (HEA 006, BU 8109) Recommended Budgets, respectively.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

Check the related Board of Supervisors Strategic Initiatives:

 

Economic Development:

                     Through collaboration, strengthen economic development to ensure a diversified and healthy economy.

Administration:

                     Promote an organization that practices efficient and effective resource management and is recognized for responsiveness, strong customer orientation, accountability and transparency.

Health & Human Services:

                     Improve health and quality of life through County supported policies, programs, and services; promoting access to equitable opportunities for healthy choices and healthy environments in collaboration with communities.

Infrastructure:

                     Plan and develop a sustainable, physical infrastructure that improves the quality of life for County residents and supports economic development results.

Public Safety:

                     Create a safe environment for people to achieve their potential, leading businesses and communities to thrive and grow by reducing violent crimes as well as crimes in general.

 

Prepared by: Debra Hopgood, Management Analyst III, 755-4920

 

Approved by:

 

 

 

______________________________ Date:______________________________

Joseph Macaluso, Assistant Director of Health, 809-4790

On behalf of Elsa Mendoza Jimenez, Director of Health, 755-4526

 

Attachments:

Board Report

Agreement