DATE: July 13, 2021
TO: Board of Supervisors
SUBMITTED BY: Robert W. Bash, Director of Internal Services/Chief Information Officer
Dawan Utecht, Director, Department of Behavioral Health
SUBJECT: Agreement with Domo, Inc.
RECOMMENDED ACTION(S):
TITLE
1. Make a finding that it is in the best interest of the County to waive the competitive bidding process consistent with Administrative Policy No. 34 for unusual or extraordinary circumstances as Domo, Inc. is the only vendor that provides HIPAA compliant analytic software tools; and
2. Approve and authorize the Chairman to execute a sole source Agreement with Domo, Inc. for software licenses, maintenance, support, and related services, effective July 13, 2021, not to exceed five consecutive years, which includes a three-year base contract and two optional one-year extensions, total not to exceed $523,155.
REPORT
There is no increase in Net County Cost associated with the recommended actions. Approval of the recommended actions will authorize Domo, Inc. (Domo) to provide software licenses, maintenance, support, hosting, and implementation services for a new business intelligence system to provide data and dashboards to Department of Behavioral Health (DBH) staff and contracted providers. These data analytic tools will enable contracted providers the ability to access data in compliance with Health Insurance Portability and Accountability Act (HIPAA). The agreement will be funded with Medi-Cal Federal Financial Participation (MC FFP), Mental Health Services Act - Community Services and Supports and Prevention and Early Intervention (MHSA-CSS and PEI, and Behavioral Health Realignment. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board not approve the recommended actions, DBH will not have effective data analytics tools.
SUSPENSION OF COMPETITION/SOLE SOURCE CONTRACT:
DBH’s business intelligence solution is only able to be HIPAA compliant while hosted within the County’s network. However, the Department would like the ability to share data tools with contracted service providers. The system would require DBH to provide County Microsoft O365 licenses for all of the contracted provider staff at a significant cost. To avoid this expense, DBH, in consultation with the Internal Services Department - Information Technology Services Division (ISD-IT), explored cloud-based solutions. Domo was the only vendor able to provide the requested services in a HIPAA compliant cloud environment.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions. The maximum compensation is $523,155 for the term of the agreement. The costs include $473,155 for software licensing and hosting, $30,000 for implementation services, and $20,000 for additional services, with MC FFP, MHSA-CSS and PEI and Behavioral Health Realignment. Sufficient appropriations and estimated revenues are included in the DBH Org FY 2021-22 Recommended Budget and future budget requests.
DISCUSSION:
Domo is a cloud-hosted, HIPAA-compliant data analytics tool that DBH will use to query large amounts of disparate data and visualize that data to make meaningful and timely decisions on business operations. It will allow the automation of complex queries, producing simplified dashboards to allow DBH staff and contracted entities to monitor staff, program and person served progress and outcomes.
DBH, in consultation with ISD-IT, explored several options to determine the next steps for expanding access to DBH’s analytic dashboards to contracted providers. There are a significant number of tools on the market that can provide effective data analytics, but the majority require on-premise hosting to remain HIPAA compliant. That would require the purchase of additional Microsoft O365 licenses for non-County staff for identity management and security purposes, which is cost-prohibitive. Domo’s was the only solution that was able to provide the required analytics tools while avoiding the on-premise hosting requirement for HIPAA compliance.
The recommended agreement includes non-standard insurance provisions relating to obtaining an endorsement naming the county as an additional insured and providing some immunity to the vendor in specific circumstances. County Risk Management has reviewed the provisions and would prefer the use of the standard language; however, ISD-IT and DBH believe that the risks associated with these changes are an acceptable risk. Additionally, there are some minor modifications to the cyber risk sections incorporating that coverage within their technical professional liability and other minor changes to the insurance section. County Risk Management has also reviewed these provisions and concurs with the departments’ that these are acceptable modifications that meet the requirements of the standard language.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Suspension of Competition Acquisition Request
On file with Clerk - Agreement with Domo, Inc.
CAO ANALYST:
Sonia M. De La Rosa