Agenda Item AGENDA STAFF REPORT ASR Control 25-000071
MEETING DATE:	02/25/25
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Sheriff-Coroner (Approved)
Department contact person(s):	Andrew Stephens (714) 647-1833
	Stephanie Callian (714) 834-6380

Subject: Approve Waters Technologies Corporation dba Waters Corporation Contract

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $434,185

Annual Cost: N/A

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
Levine Act Review Completed: Yes

Prior Board Action: 10/22/2019 #9, 12/18/2012 #6, 6/19/2012 #12

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or Deputized designee to execute sole source contract with the Waters Technologies Corporation dba Waters Corporation for the purchase, of a Waters Xevo TQ Absolute System and one ACQUITY UPCL I-Class PLUS System, with a one-year warranty period, and extended warranty, effective upon Board of Supervisors approval in the not to exceed amount of $434,185.

SUMMARY:

Approval of sole source contract with Waters Technologies Corporation dba Waters Corporation will allow the Sheriff-Coroner Department to purchase a Waters Xevo TQ Absolute System and one ACQUITY UPCL I-Class PLUS System, to conduct toxicological analysis on approximately 12,000 forensic casework samples per year for driving under the influence of drug arrests, drug-facilitated sexual assault cases and death investigations.

BACKGROUND INFORMATION:

The Sheriff-Coroner Department (Sheriff) requires the use of a liquid chromatograph with dual mass spectrometers in the Orange County Crime Lab (OCCL) 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 OCCL'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 OCCL to improve turnaround times and generate blood drug concentrations for numerous chemical compounds. This technology is already incorporated in OCCL case workflows and will assist in developing future methodology to aid in the testing of anti-seizure and anti-psychotic medications.

The OCCL's Toxicology Section utilized this state of the art equipment to assist in processing over 12,000 cases and conduct nearly 47,000 exams in 2018. The OCCL saw a 51 percent increase in case submissions and a 33 percent increase in exams conducted in 2018 from 2017. The dramatic increase that occurred in 2018 was because prior to 2018, toxicology testing was not routinely performed on DUI investigations, only alcohol testing was done. If a sample was above a 1.0 BAC (blood alcohol concentration), then testing for the case stopped. In 2018, the OCCL noticed that many DUI samples contained alcohol and at least one other drug, so the decision was made to test for alcohol and toxicology routinely, which resulted in a dramatic increase in cases for the toxicology unit.

The OCCL is capable of testing for 350 unique drugs. OCCL currently has four Waters Technologies Corporation dba Waters Corporation (Waters) instruments to help with testing samples. Some of the instruments are aged and are regularly removed from service for repair. This request is being submitted to help facilitate an efficient workflow, and to help with redundancy when the current instruments are undergoing preventative maintenance or repair. The purchase of a Waters Xevo TQ Absolute System and one ACQUITY UPCL I-Class PLUS System is needed in order to accommodate current caseload demands.

The following table details the purchase history of Waters instruments:

Board of Supervisors (Board) Approved	Contract Number	Contract Term	Contract Amount	Comments
6/19/12	PO-060-12013454	One-Time Purchase	$352,903	Purchase of one liquid chromatograph/mass spectrometer.
12/18/12	PO-060-13011224	One-Time Purchase	$639,426	Purchase of two liquid chromatograph/mass spectrometers Xevo TQ-S Systems and Acquity UPLC columns.
10/22/19	CT-060-19010847	One-Time Purchase	$418,426	Purchase of one Waters Xevo TQ-XS Liquid Chromatograph Tandem Mass Spectrometer, including installation, support and warranty

This is a sole source contract. The OCCL currently has four Waters systems. For over the last 10-years, the OCCL has developed and validated confirmation methods using Waters instruments. The Waters software has been integrated into OCCL's specialized software. Waters holds a patent on its hardware technology. Purchasing an instrumentation system from a different vendor would require the OCCL to develop and validate new methods, potentially taking a number of years before the new instrumentation could be placed in service. Purchasing an instrument from Waters would allow for a seamless transfer of methodology and work flow. Additionally, purchasing an instrument from another vendor would require a re-programming of the OCCL's specialized software to allow for changes in vendors.

Sheriff requests approval of a sole source contract with Waters for the purchase of a Waters Xevo TQ-XS Liquid Chromatograph Tandem Mass Spectrometer, including installation, support, initial one-year warranty, and extended warranty, in an amount not to exceed $434,185, effective upon Board approval, as noted in the Recommended Action.

Sheriff has successful experience working with this vendor. 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. Sheriff has conducted a due diligence check required by the revised 2024 Contract Policy Manual. This contract does not currently include subcontractors or pass through to other providers. See Attachment B for the Contract Summary Form. The Orange County Preference Policy is not applicable to this sole source contract.

The proposed contract contains non-standard terms and conditions as well as non-standard indemnification language. CEO/Risk Management has determined that the non-standard terms and conditions and indemnification language does not pose an unusual risk to the County. A Risk Assessment of Insurance Terms Form is attached (Attachment C).

FINANCIAL IMPACT:

Appropriations for this contract are included in the Sheriff-Coroner's FY 2024-25 Budget, for Budget Control 060. 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.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Contract CT-060-25010450
Attachment B - Contract Summary Form
Attachment C - Risk Assessment or Modification of Insurance Terms