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Agenda Item
ASR
Control 24-000933 |
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MEETING
DATE: |
01/28/25 |
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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: |
District
Attorney (Approved) |
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Department contact person(s): |
Matthew
Pettit (714) 347-8440 |
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Andrew
Katz (714) 347-8649 |
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Subject: Approval of Amendment Number One
for Forensic DNA Databasing Testing Services
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ceo CONCUR |
County Counsel Review |
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 2025-26 $985,000 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/7/2022 #5, 4/9/2019 #23, 1/27/2009
#70, 3/27/2007 #64 |
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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