Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  20-000382

 

MEETING DATE:

05/19/20

legal entity taking action:

Board of Supervisors

board of supervisors district(s):

All Districts

SUBMITTING Agency/Department:

County Executive Office   (Approved)

Department contact person(s):

Joel Golub (714) 567-5085 

 

 

Rafael Linares (714) 656-7728

 

 

Subject:  Approve Assignment, Novation and Consent Agreement Franklin Data to Veristar LLC

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: N/A

Current Year Cost: N/A

Annual Cost: N/A

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: N/A

    Current Fiscal Year Revenue: N/A

  Funding Source: N/A

County Audit in last 3 years: Yes

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

Authorize the County Procurement Officer or authorized Deputy to execute an Assignment, Novation and Consent Agreement in regard to the County contract for IT Forensics and e-Discovery Services with Franklin Data Ventures, Inc. that has been transferred to Veristar LLC, and shall be effective retroactively from February 20, 2020, through and including November 23, 2020.

 

 

 

 

SUMMARY:

 

Authorize the County Procurement Officer or authorized Deputy to execute an Assignment, Novation and Consent Agreement in regard to the County contract for IT Forensics and e-Discovery Services with Franklin Data Ventures, Inc. that has been transferred to Veristar LLC, and shall be effective retroactively from February 20, 2020, through and including November 23, 2020.

 

 

 

BACKGROUND INFORMATION:

 

On November 24, 2015, Orange County Information Technology (OCIT) executed Regional Cooperative Agreement MA-017-16011012 with Franklin Data Ventures, Inc. (Franklin Data) as the result of a Request for Proposals for Countywide IT Forensics and e-Discovery Services. The contract is effective through November 23, 2020, and is not renewable.

 

On February 20, 2020, OCIT received notification that Veristar LLC (Veristar) acquired all the assets of Franklin Data.  Upon County Counsel's review and in accordance with the Contract Policy Manual Section 3.3-104, it was determined that Board of Supervisors (Board) approval is required for the Assignment, Novation and Consent Agreement.

 

The Contractor’s performance has been confirmed as at least satisfactory.  OCIT has verified that there are no concerns that must be addressed with respect to Contractor’s ownership/name, litigation status or conflicts with County interests. 

 

On April 17, 2020, the Assignment, Novation and Consent Agreement was sent to Franklin Data and Veristar for signature. On April 20, 2020, the contract’s assignor, Franklin Data, and assignee, Veristar, signed the Assignment, Novation and Consent Agreement.

 

OCIT requests Board approval of Assignment, Novation and Consent Agreement to ratify the assignment of Contract MA-017-16011012 from the assignor, Franklin Data, to the assignee, Veristar. 

 

 

 

FINANCIAL IMPACT:

 

N/A

 

STAFFING IMPACT:

 

N/A

 

ATTACHMENT(S):

 

Attachment A - Assignment, Novation and Consent Agreement
Attachment B - Notification of Acquisition