Agenda Item   



                                                                                                                        ASR Control  20-001238




legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

Ken Burmood (714) 647-1804 



Bruce Houlihan (714) 834-6380



Subject:  Approve Retroactive Waters Technologies Corporation Contract


     ceo CONCUR

County Counsel Review

Clerk of the Board


Approved Agreement to Form




3 Votes Board Majority




    Budgeted: Yes

Current Year Cost: $264,452

Annual Cost: FY 2021-22 $274,247
FY 2022-23 $274,247
FY 2023-24 $9,795




    Staffing Impact:


# of Positions:

Sole Source: Yes

    Current Fiscal Year Revenue: N/A

  Funding Source: State: 100% (Proposition 172)

County Audit in last 3 years: No



    Prior Board Action: 10/22/2019 #9, 6/6/2017 #28, 6/28/2016 #68, 7/14/2015 #6




Retroactively authorize the County Procurement Officer or authorized Deputy to execute sole source contract with the Waters Technologies Corporation for the service, preventative maintenance and consumables for Liquid Chromatograph Mass Spectrometers for the Orange County Crime Lab, for a three-year term of July 14, 2020, through July 13, 2023, in an annual amount not to exceed $274,247, for a total contract amount not to exceed $822,741.







Retroactive approval of the retroactive sole source contract with Waters Technologies Corporation will allow the Sheriff-Coroner Department to obtain service, preventative maintenance and consumables for Orange County Crime Lab's Liquid Chromatograph Mass Spectrometers to continue conducting toxicological analysis on nearly 12,000 forensic casework samples per year for driving under the influence of drug arrests, drug-facilitated sexual assault cases and death investigations.







The Sheriff-Coroner Department (Sheriff) requires the use of a liquid chromatograph with dual mass spectrometers in the Orange County (OC) Crime Lab for the purpose of identification and concentration determination of over 70 different drugs, to include opioids, muscle relaxants, benzodiazepines, sleep medication, cocaine and cannabinoids (chemicals found in marijuana) in biological samples.  This instrument is used to assist with multiple testing processes to serve all law enforcement agencies, as well as Sheriff and the OC District Attorney’s Office on cases submitted to the OC Crime Lab's Toxicology Section.  Case types include Driving Under the Influence (DUI), drug-facilitated sexual assault and death investigations including drug overdose.  The instrumentation allows the OC Crime Lab to improve turnaround times and generate blood drug concentrations for a wide variety of commonly abused and prescribed chemical compounds.  The OC Crime Lab's Toxicology Section have been utilizing this state of the art equipment to assist in processing over 12,000 cases and conducting nearly 47,000 exams yearly.   


The OC Crime Lab currently has four Waters Technology Corporation (Waters) systems.  Over the last three to four years, the OC Crime Lab has developed and validated confirmation methods using Waters instruments.  The Waters software has been integrated into OC Crime Lab's specialized software.  Waters holds a patent on its hardware technology.  Purchasing maintenance and services from a different vendor would require the OC Crime Lab to develop and validate new methods, potentially taking a number of years before the new instrumentation could be placed in service.  Moreover, purchasing service and preventative maintenance from Waters would allow for a seamless transfer of methodology and work flow.  Additionally, purchasing service and maintenance from another vendor would require a re-programming of the OC Crime Lab's specialized software to allow for changes in vendors.  The proposed contract is a sole source contract and an approved Sole Source Request Form is attached to this Agenda Staff Report (ASR).  (See Attachment B.)


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


The Board of Supervisors (Board) approved a contract with Waters for the service, preventative maintenance and purchase of consumables for the OC Crime Lab's liquid chromatograph mass spectrometer instruments on July 14, 2015, in an amount not to exceed $195,000, for the term of July 14, 2015, through July 13, 2016.  The Board approved Amendment Number One on June 28, 2016, for the term of July 14, 2016, through July 13, 2017, in the same annual amount.  On June 6, 2017, the Board approved Amendment Number Two in an amount not to exceed $250,000, for the term of July 14, 2017, through July 13, 2018. On July 2, 2018, the Board approved Amendment Number Three in an amount not to exceed $250,000, for the term of July 14, 2018, through July 13, 2019. On July 1, 2019, the Board approved Amendment Number four in an amount not to exceed $275,000, for the term of July 14, 2019, through July 13, 2020. On October 10, 2019, the Board approved the purchase of Waters Xevo TQ-XS Chromatograph Tandem Mass Spectrometer in an amount not to exceed $418,426 for a one-year term executed upon the completion of signatures.


Sheriff requests retroactive approval of a sole source contract with Waters for the service, preventative maintenance and consumables for Liquid Chromatograph Mass Spectrometers in an annual amount not to exceed $274,247, for a total contract amount not to exceed $822,741, for a three-year term from July 14, 2020, July 13, 2023, as noted in the Recommended Action.  Retroactive approval is requested as an extended period of time was required to negotiate and finalize contract terms since contractor has different requirements for a service contract than it had for the last contract for purchase of equipment. 


The proposed contract includes non-standard indemnification language that incorporates a limitation of liability.  The County Executive Office of Risk Management has reviewed the indemnity/limitation of liability language and deemed it to be acceptable.  A Risk Assessment or Modification of Insurance Terms Form is attached (Attachment C).  This contract does not currently include subcontractors or pass through to other providers.  See Attachment D for the Contract Summary Form.  No redline version is attached to this ASR as this is a new contract.






Appropriations for this contract are included in the Sheriff-Coroner's FY 2020-21 Budget, for Budget Control 060, and will be included in the budgeting process in future years.  The contract contains language allowing the Sheriff-Coroner Department to terminate the contract without penalty with cause or after 30 days of written notice without cause in the event that funding is reduced and/or not available to continue funding the contract.










Attachment A - Contract MA-060-20011362
Attachment B - Sole Source Request Form
Attachment C - Risk Assessment or Modification of Insurance Terms Form
Attachment D - Contract Summary Form