Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  18-000610

 

MEETING DATE:

10/22/19

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

Sheriff-Coroner   (Approved)

Department contact person(s):

Jeff Hallock (714) 647-1804 

 

 

Bruce Houlihan (714) 834-6380

 

 

Subject:  Approve Waters Technologies 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: $288,886

Annual Cost: FY 2020-21  $129,540

 

 

 

    Staffing Impact:

No

# 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: 6/6/2017 #28, 6/28/2016 #68, 7/14/2015 #6

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or authorized Deputy to execute sole source contract with the Waters Technologies Corporation for the purchase of one Waters Xevo TQ-XS Liquid Chromatograph Tandem Mass Spectrometer, including installation, support and warranty for the Orange County Crime Lab, effective for a one-year period upon Board of Supervisors approval and the execution of all necessary signatures, in an amount not to exceed $418,426.

 

 

 

SUMMARY:

 

Approval of sole source contract with Waters Technologies Corporation will allow the Sheriff-Coroner Department to purchase one liquid chromatograph with dual mass spectrometers instruments to conduct 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.

 

 

 

BACKGROUND INFORMATION:

 

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 numerous chemical compounds.  This technology is already incorporated in OC Crime Lab case workflows and will assist in developing future methodology to aid in the testing of anti-seizure and anti-psychotic medications.  The OC Crime Lab'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 OC Crime Lab has seen a 51 percent increase in case submissions and a 33 percent increase in exams conducted in 2018 from 2017.  The purchase of an additional liquid chromatograph with dual mass spectrometers is needed in order to accommodate current caseload demands. 

 

The OC Crime Lab currently has three 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 an instrumentation system 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.  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 OC Crime Lab's specialized software to allow for changes in vendors.  The proposed contract is thus 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 period of July 14, 2015 through July 13, 2016.  The Board approved Amendment Number One on June 28, 2016, for the period 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 period of July 14, 2017 through July 13, 2018. 

 

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 and warranty, in an amount not to exceed $418,426, for a one-year period effective upon Board approval and the execution of all necessary signatures, as noted in the Recommended Action. 

 

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).

 

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.

 

 

FINANCIAL IMPACT:

 

Appropriations for this contract are included in the Sheriff-Coroner's FY 2019-20 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.

 

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Contract CT-060-19010847
Attachment B - Sole Source Request Form
Attachment C - Risk Assessment of Insurance Terms Form
Attachment D - Contract Summary Form