Agenda Item AGENDA STAFF REPORT ASR Control 16-001466
MEETING DATE:	01/10/17
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Sheriff-Coroner (Approved)
Department contact person(s):	Adam Powell (714) 647-1833
	Bruce Houlihan (714) 834-6380

Subject: Rockwell Laser Industries Agreement

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

3 Votes Board Majority

Budgeted: No

Current Year Cost: $28,187.04

Annual Cost: N/A

Staffing Impact:

No

# of Positions:

Sole Source: No

Current Fiscal Year Revenue: N/A

Funding Source: GF: 100%

County Audit in last 3 years: No

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Authorize the County Purchasing Agent or authorized Deputy to execute a contract with Rockwell Laser Industries for the purchase of laser measuring equipment and training, effective upon Board of Supervisors approval for a one-year period, in an amount not to exceed $28,187.04.

SUMMARY:

Approval of the Rockwell Laser Industries contract will allow the Sheriff-Coroner to purchase a laser program and train Orange County Crime Laboratory staff to test lasers submitted as evidence in criminal investigations for legal proceedings.

BACKGROUND INFORMATION:

Inappropriate targeting of aircraft with a laser beam may not only temporarily blind the pilot or permanently damage a pilot’s eyesight, it could lead to loss of control of the aircraft or even a crash. Consequently, the willful and malicious discharge of a laser at an aircraft or the aiming of the beam of a laser pointer at an aircraft are violations of California Penal Code (CPC) 247.5 and U.S. Code, Title 18, Part I, Chapter 2, § 39A.

According to the Federal Bureau of Investigation (FBI), there has been a more than 1,000% increase in the number of incidents with lasers since the FBI and the Federal Aviation Administration began tracking laser strikes in 2005. In 2013, there were 3,960 laser strikes reported against aircraft, according to the FBI. In Orange County, the number of reported laser incidents involving aircraft during the last four years has increased 400% as follows: 2012 (24), 2013 (46), 2014 (46), 2015 (93), and the number of laser-aircraft incidents is expected to continue to increase.

During the years 2010 through 2015, the Orange County District Attorney (DA) reviewed 47 cases and filed 42 cases with CPC 247.5 charges. For those cases in which evaluation of the confiscated lasers was required, a private research laboratory was called upon to conduct the testing. This laboratory is not in the business of conducting routine testing of lasers for the purpose of criminal prosecution. Consequently, the testing and evaluation of lasers for prosecutorial purposes became increasingly delayed, and a number of cases involving laser-aircraft incidents were filed under a lesser misdemeanor charge. The OC Crime Lab was subsequently contacted by the DA's Office to determine if the OC Crime Lab could determine the power output and wavelength of the light emitted from a laser pointer, but did not have the equipment, training and methods to conduct the testing at that time.

The Sheriff-Coroner Department’s (Sheriff) Orange County (OC) Crime Lab would like to purchase laser measuring equipment and train forensic scientists to determine whether the emitted light from a laser is continuous or oscillating waves, measure the power output of lasers, determine the wavelength of the emitted light produced by the laser, and determine the residual power of the battery used in the laser at the time the battery is submitted for evaluation. In October 2016, the Sheriff issued an invitation for bid for the purchase of and training on a laser program, and one bid was received. The bid from Rockwell Laser Industries (Rockwell) was evaluated and determined to be responsive. See Attachment D for Bid Recap form. Rockwell's instructors are Certified Laser Safety Officers certified by the Board of Laser Safety. All training will be provided in compliance with the California Code of Regulations Title 8, 1801(a) and the Occupational Safety and Health Administration Section III, Chapter 6, Section B(2).

The Sheriff requests Board of Supervisors (Board) approval of the Rockwell contract in an amount not to exceed $28,187.04, effective upon Board approval for a one-year period. Sheriff's staff conducted due diligence on this vendor. Reference checks were satisfactory and completed with Lawrence Livermore National, SLAC National Accelerator Laboratory, and Sandia National Laboratories regarding similar projects. This contract does not include subcontractors or pass through to other providers. See Attachment G for Contract Summary.

FINANCIAL IMPACT:

Appropriations for this agreement are not included in the Sheriff-Coroner’s FY 2016-17 Modified Budget for Budget Control 060, but will be adjusted in the Quarterly Budget process if additional appropriations are needed. This agreement 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 agreement.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Agreement PO-060-17011029
Attachment B - California Penal Code 247.5
Attachment C - U.S. Code, Title 18, Part I, Chapter 2, § 39A
Attachment D - Bid Recap
Attachment E - California Code of Regulations Title 8, 1801(a)
Attachment F - OSHA Section III, Chapter 6, Section B(2)
Attachment G - Contract Summary Form