Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  24-000933

 

MEETING DATE:

01/28/25

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

District Attorney   (Approved)

Department contact person(s):

Matthew Pettit (714) 347-8440 

 

 

Andrew Katz (714) 347-8649

 

 

Subject:  Approval of Amendment Number One for Forensic DNA Databasing Testing Services

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

          Concur

Approved Agreement to Form

Discussion

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost:   N/A

Annual Cost: FY 2025-26 $985,000

 

 

 

    Staffing Impact:

No

# of Positions:            

Sole Source:   No

    Current Fiscal Year Revenue: N/A

   Funding Source:     Other: 100% (DNA Admin Fee)

County Audit in last 3 years: No

   Levine Act Review Completed: Yes

 

    Prior Board Action:         6/7/2022 #5, 4/9/2019 #23, 1/27/2009 #70, 3/27/2007 #64

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or Deputized designee to execute Amendment Number One with Bode Cellmark Forensics, Inc. for Forensic DNA Databasing Testing Services in an amount not to exceed $985,000 for the term of July 1, 2025, through June 30, 2026, and a cumulative total not to exceed $3,940,000 for the period of July 1, 2022, through June 30, 2026, renewable for one additional one-year term.

 

 

 

SUMMARY:

 

Approval of the Amendment Number One for Forensic DNA Databasing Testing Services will allow the District Attorney to continue its DNA testing and processing for leads that assist in case investigations and prosecutions.

 

 

BACKGROUND INFORMATION:

 

The Orange County District Attorney (OCDA) represents the People of the State of California in the criminal justice system and prosecutes violations of law occurring in the County as mandated by Section 26500 of the Government Code.  

 

DNA analysis has increasingly become a powerful tool in solving crime, exonerating the innocent and preventing criminals from repeat offenses through early identification and prosecution. With advancements in DNA technology, law enforcement agencies can use DNA to narrow the scope of potential suspects through DNA profiles.

 

The OCDA developed a robust Local OCDA DNA Database in 2007. The Local OCDA DNA Database contains over 214,900 DNA profiles from individuals who legally consent to provide a DNA sample to the OCDA as a condition of a negotiated case disposition.  Since program inception, approximately 12,425 hits or leads have been generated from the OCDA local DNA database, which includes 6,646 Individual to Crime matches and 5,779 Crime-to-Crime matches. These leads are shared with all departments in Orange County.

 

On March 27, 2007, the Board of Supervisors (Board) approved an ordinance pertaining to the adoption of an OCDA Local DNA Database to be used by the District Attorney.

 

On January 27, 2009, the Board approved Resolution 09-009 authorizing the collection of a $75 fee from defendants to recover a portion of the administrative costs associated with collecting and processing said DNA samples.

 

On April 9, 2019, the Board approved contract MA-026-19010623 with Bode Cellmark Forensics, Inc. for Forensic DNA Databasing Testing Services in an amount not to exceed $995,000 annual and $2,985,000 cumulatively for the period of July 1, 2019, through June 30, 2022, and also approved resolution for the increase in the DNA Processing Cost Recovery Fee from $75 to $110.

 

On June 7, 2022, the Board approved contract MA-026-22011453 for the term of July 1, 2022, through June 30, 2025, which is renewable for two additional one-year terms in an amount not to exceed $985,000 per year and for a cumulative amount of $2,955,000.  This contract was a result of a Request for Proposals (RFP) process.

 

The OCDA now requests Board approval to execute Amendment Number One with Bode Cellmark Forensics, Inc. for Forensic DNA Databasing Testing Services, effective July 1, 2025, through June 30, 2026, in an amount of $985,000, as noted in the Recommended Action.   The Orange County Preference Policy is not applicable to this Contract award.

 

The Contractor's performance has been confirmed as satisfactory.  The OCDA has verified there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests.

 

Subcontracts

This Contract does not currently include subcontractors or pass through to other providers.  See Attachment B for Contract Summary Form.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and Revenue related to this Contract will be included in DA's FY 2025-26 Budget for Budget Control 026. The Contract includes provisions allowing the DA to terminate the Contract, reduce the level of services, and/or renegotiate the levels of services provided, as necessary.

 

 

STAFFING IMPACT:

 

N/A

 

 

 

ATTACHMENT(S):

 

Attachment A – Amendment Number One to Contract MA-026-22011453 with Bode Cellmark Forensics, Inc.
Attachment B - Contract Summary Form
Attachment C - Government Code Section 26500