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Agenda Item
ASR
Control 24-000911 |
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MEETING
DATE: |
05/20/25 |
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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: |
OC
Public Works (Approved) |
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Department contact person(s): |
Amanda
Carr (714) 955-0601 |
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Cindy
Rivers (714) 955-0674 |
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Subject: Approve Sole Source Contract for
Laboratory Information Management System
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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: $146,090 |
Annual Cost: FY 2025-26 $42,281 |
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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: 8/22/2023 #26, 9/25/2018 #17 |
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RECOMMENDED
ACTION(S):
Authorize the County Procurement
Officer or Deputized designee to execute a sole source contract with Clinisys,
Inc. for Laboratory Information Management System, effective upon execution of
all necessary signatures through September 30, 2028, in an amount not to exceed
$283,706, renewable for two additional two-year terms.
SUMMARY:
Approval of a sole source contract
for Laboratory Information Management System is essential to incorporate custom
functions to enhance the efficiency of the County of Orange’s surface water
monitoring program data management operations, which is utilized to comply with
federal and state environmental regulations, permits and standards that protect
the health of rivers, creeks, streams, bays, estuaries and coastal waters in Orange
County.
BACKGROUND
INFORMATION:
The County of Orange (County) is
mandated by federal and state agencies to comply with environmental
regulations, permits and standards that protect the health of rivers, creeks,
streams, bays, estuaries and coastal waters in Orange County. Through cooperative
agency agreements, OC Public Works is responsible for developing an integrated
stormwater runoff management program on behalf of all 34 municipalities of
Orange County. This program is supported through cost-share budgets and aims to
ensure compliance with regulatory mandates, such as Phase I National Pollutant
Discharge Elimination System (NPDES) and Total Maximum Daily Load programs.
Additionally, OC Public Works is responsible for developing and implementing
surface water monitoring programs that involve collecting samples (water,
sediment, algae, macroinvertebrates, etc.), managing datasets, conducting data
analysis and reporting on compliance.
Each year, up to 10,000 water quality samples are collected and analyzed
for a wide variety of chemical constituents. The monitoring requirements vary
considerably and include routine programs, seasonal and episodic events, such
as storm sampling, special studies and emergency pollution response events as a
result of sewage, chemical and oil spills. Most analyses performed on water
samples collected by OC Public Works are outsourced to contracted laboratories.
The Laboratory Information Management System (LIMS) inventories and tracks all
the water quality samples processed by both in-house and by contracted laboratories.
In February 2018, OC Public Works
collaborated with OC Information Technology to research and identify a LIMS to
replace the legacy LabTrack application. On July 31, 2018, a General Services
Administration (GSA) Cooperative Agreement was identified and approved for use
by the County Procurement Office. The GSA Cooperative Agreement was
competitively bid and offered the lowest negotiated price.
Prior Board of Supervisors (Board)
or County Procurement Officer or Deputized designee (DPA) actions related to a
contract with Horizon Lab Systems, LLC for Horizon LIMS are summarized in the
table below. The contract used the GSA Cooperative Agreement as its basis.
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Board Date |
Action |
Amount |
Effective Dates |
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9/25/2018 |
Approved
contract for Horizon LIMS, renewable for two additional two-year terms |
$202,105 |
10/1/2018
– 9/30/2021 |
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N/A |
DPA
executed Amendment No. 1 to renew the contract |
$32,468 |
10/1/2021
– 9/30/2023 |
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N/A |
DPA
executed Amendment No. 2 to renew the contract |
$32,468 |
10/1/2023
– 9/30/2025 |
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8/22/2023 |
Approved
retroactive Amendment No. 3 to contract for the name change from Horizon Lab
Systems, LLC to Clinisys, Inc. (Contractor) |
N/A |
9/29/2022
– 9/30/2025 |
The current contract for Horizon
LIMS expires on September 30, 2025. In order to continue services, a new
contract is required.
OC Public Works is procuring LIMS
services in accordance with the 2024 Contract Policy Manual Section 4.5. The
Orange County Preference Policy is not applicable to Sole Source procurements.
OC Public Works seeks to upgrade
the current Horizon LIMS system to the Clinisys LIMS platform and incorporate
custom functions and reporting to enhance functionality and efficiency of
current system operations to help meet developing federal and state regulatory
requirements. The system upgrade will include migration to the cloud-hosted
platform in Microsoft Azure.
The proposed contract is Sole
Source because the Contractor is the sole supplier, intellectual property owner
and authorized service company of its software. The Contractor is the only
organization capable of supplying additional software, developing, modifying
and licensing their proprietary software, as well as offering technical support
and maintenance services, including updates. Additionally, the Contractor is
the sole provider of implementation, training and consulting services for both
the Clinisys LIMS and third-party products, data management and instrument
interfacing.
OC Public Works is recommending
Board approval of Contract MA-080-25010362 (Contract) with the Contractor for
the Clinisys LIMS upgrade, effective upon execution of all necessary signatures
through September 30, 2028, in an amount not to exceed $283,706, renewable for
two additional two-year terms.
OC Public Works has conducted due
diligence on the Contractor. A reference check was not conducted due to the
Contractor's satisfactory performance over the past seven years under its
current contract with the County. During this time, the Contractor has met
expectations in terms of service delivery, quality and compliance with contract
terms.
This Contract does not currently
include subcontractors or pass through to other providers. See Attachment B for
Contract Summary Form.
Compliance
with CEQA: This
action is not a project within the meaning of CEQA Guidelines Section 15378 and
is therefore not subject to CEQA, since it does not have the potential for
resulting in either a direct physical change in the environment, or a
reasonably foreseeable indirect physical change in the environment. The
approval of this agenda item does not commit the County to a definite course of
action in regard to a project since it is an approval for a sole source
contract to provide a laboratory information management system. This proposed
activity is therefore not subject to CEQA. Any future action connected to this
approval that constitutes a project will be reviewed for compliance with CEQA.
FINANCIAL
IMPACT:
Appropriations and use of this
Contract are included in the FY 2024-25 Budget for the budget control/funds
listed below and will be included in the budgeting process for future years.
Funding
for Clinisys LIMS is shared among the 36 NPDES Permittees. Fund 400, OC Flood,
will provide 10 percent and the remainder will be divided proportionately among
the cities and the County based on land area and population. In turn, the
County share is funded out of OC Road, OC Flood, OC Parks and OC Watersheds
funds. The resulting shares are as follows:
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Cities |
75.9% |
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Fund
400, OC Flood |
10.0% |
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Budget
Control 034, OC Watershed |
4.7% |
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Fund
115, OC Road |
4.7% |
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Fund
405, OC Parks |
4.7% |
The proposed Contract is contingent upon
funding availability. In the event funding is reduced or terminated, the County
may renegotiate the level of services and/or terminate the Contract, as
necessary.
STAFFING
IMPACT:
N/A
ATTACHMENT(S):
Attachment
A - Contract MA-080-25010362 with Clinisys, Inc.
Attachment B - Contract Summary Form