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Agenda Item
ASR
Control 23-001136 |
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MEETING
DATE: |
02/06/24 |
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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: |
Sheriff-Coroner (Approved) |
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Department contact person(s): |
Andrew
Stephens (714) 647-1833 |
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Stephanie
Callian (714) 834-6380 |
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Subject: Retroactive Assignment and
Amendment Number Four to Endeavor DNA, Inc.
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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: Yes |
Current Year
Cost: $3,250 |
Annual Cost: FY 2024-25
$9,750 |
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Staffing Impact: |
No |
# of Positions: |
Sole Source: Yes |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A |
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RECOMMENDED
ACTION(S):
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1. |
Authorize the
County Procurement Officer or Deputized designee to execute a retroactive
assignment of the sole source contract for Erase Kits from PTC Laboratories
Inc. to Endeavor DNA, Inc. DBA PTC Laboratories, effective December 31, 2022. |
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2. |
Authorize the
County Procurement Officer or Deputized designee to execute Amendment Number
Four to renew the sole source contract with Endeavor DNA, Inc. DBA PTC
Laboratories (formerly known as PTC Laboratories, Inc.) for Erase Kits for
the period of March 24, 2024, through March 23, 2025, in an amount not to
exceed $13,000, for a revised cumulative contract total amount not to exceed
$65,000. |
SUMMARY:
Approval of Amendment Number Four
will allow the Sheriff-Coroner Department to assign the contract to Endeavor
DNA, Inc. DBA PTC Laboratories, and renew the sole source contract with
Endeavor DNA, Inc. DBA PTC Laboratories, (formerly known as PTC Laboratories
Inc.) allowing the Sheriff-Coroner Department to continue to purchase Erase
Kits used on casework for the analysis of biological evidence samples from
sexual assault cases.
BACKGROUND
INFORMATION:
The Sheriff-Coroner Department
(Sheriff) requires a contract for the purchase of Erase Sperm Isolation Kits.
These kits have been validated for casework at the Orange County Crime Lab
(OCCL) for the analysis of biological evidence samples from sexual assault
cases.
On March 24, 2020, Sheriff staff approved
a contract for the purchase of Erase Sperm Isolation Kits with Erase technology
of PTC Laboratories Inc. Subsequently, on November 14, 2023, Sheriff staff
received an email informing Sheriff that all of the assets and patented Erase
technology of PTC Laboratories Inc. were successfully acquired by Endeaver DNA,
Inc. DBA PTC Laboratories (Endeavor), effecting a change in their Employer
Identification Number. The email expressed a request for Endeavor to continue
providing services pursuant to the contract for the Purchase and Delivery of
Erase, MA-060-20011098, with a contract term of March 24, 2020, through March
23, 2024.
The following table details the
recent contract history with this contract.
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Execution
Date |
Contract
or Amendment Number |
Contract
Term |
Contract
Amount |
Comments |
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3/24/20 |
Contract |
3/24/20 - 3/23/22 |
$13,000 |
New two-year contract issued
administratively pursuant to County’s 2019 Contract Policy Manual Section
4.5-105. |
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7/10/20 |
1 |
3/24/20 – 3/23/22 |
$26,000 |
Contract increased administratively
pursuant to County’s 2019 Contract Policy Manual Section 4.5-105. |
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9/8/21 |
2 |
3/24/22 – 3/23/23 |
$13,000 |
Contract renewed administratively
pursuant to County’s 2021 Contract Policy Manual Section 4.5-104. |
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1/6/23 |
3 |
3/24/23 - 3/23/24 |
$13,000 |
Contract renewed administratively
pursuant to County’s 2021 Contract Policy Manual Section 4.5-104. |
The proposed Amendment Number Four is a
sole source contract. Endeavor is the only company with the rights to the
differential extraction technology that Erase is partially based on. Endeavor
is now the exclusive producer and distributor of Erase.
Sheriff requests Board approval of a
retroactive Assignment of the Erase contract from PTC Laboratories, Inc. to
Endeavor DNA, Inc. DBA PTC Laboratories. On November 14, 2023, the vendor notified
Sheriff of the change effective December 31, 2022. Sheriff decided to present
the assignment at the same time as the contract renewal.
Sheriff also requests authorization for
the County Procurement Officer or Deputized designee to execute Amendment
Number Four to renew the sole source contract with Endeavor DNA, Inc. DBA PTC
Laboratories (formerly known as PTC Laboratories, Inc.), for the period of
March 24, 2024, through March 23, 2025, in the not to exceed amount of $13,000,
as noted in the Recommended Action. The contractor’s ownership and name change
are being effected through the Assignment.
The Department has verified that there are
no other concerns that must be addressed with respect to contractor’s
litigation status or conflicts with County interests. This contract does not currently
include subcontractors or pass through to other providers. See Attachment C for
the Contract Summary Form. The Orange County Preference Policy is not
applicable to this contract renewal amendment.
FINANCIAL
IMPACT:
Appropriations for this contract
are included in Budget Control 060, Sheriff-Coroner FY 2023-24 Budget and will
be included in the budgeting process for future years. This contract contains
language allowing the Sheriff-Coroner Department to terminate the contract or
reduce the level of services without penalty with cause or without cause in the
event that funding is reduced and/or not available to continue funding the
contract.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Amendment Number Four to Contract MA-060-20011098
Attachment B - Redline Version of Previous Amendment
Attachment C - Contract Summary Form