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Agenda Item
ASR
Control 19-001033 |
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MEETING DATE: |
11/19/19 |
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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: |
District Attorney
(Approved) |
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Department contact
person(s): |
Glenn Robison (714) 347-8778 |
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Shawn Nelson
(714) 347-8402 |
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Subject: Approval of Retroactive DNA
Software Development Contract
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ceo CONCUR |
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Clerk of the Board |
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Concur |
N/A |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current Year Cost:
$27,750 |
Annual Cost:
N/A |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
No |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
Approve the two retroactive Memorandum of Agreements for services effective April 1, 2017, and August 14, 2018, with United Data Connect in the amount of $103,000, and request approval as an extraordinary use of revolving funds, and approval to continue to use the special revolving fund for the remaining balance of Memorandum of Agreement #2 in the amount of $27,750, for the development of a DNA Database Software System for use by the Orange County District Attorney Science and Technology Unit.
SUMMARY:
The purpose of this report is to gain approval for two retroactive Memorandum of Agreements for software services that were ordered by the prior administration for the Science and Technology Unit, and to reconcile these expenditures appropriately with the Auditor-Controller.
BACKGROUND INFORMATION:
The District Attorney’s Special Appropriation Fund is funded annually in the amount of $170,000 through the County budget in accordance with Government Code Sections 29400 through 29407. These funds are utilized by the District Attorney (DA) for expenses incurred in criminal cases arising within the County; expenses necessarily incurred by the DA in the detection of crime; and expenses in civil actions, proceedings or other matters in which the County is interested. The DA Administrative Policies and Procedures for use of the DA Special Appropriation Funds (Attachment A) reads, “expenditures from the funds must be of a nature that are extraordinary or special, but necessary to promulgate the prosecution/investigation of a criminal or civil case(s), or concern of a matter as listed.”
DNA Software Development Contract
Prior to the current DA administration, on March 31, 2017, the DA executed a Memorandum of Agreement (MOA) with United Data Connect for software development services for the Local DNA Database in the amount of $65,250 and paid for the software with the DA Special Appropriations Fund (Attachment B).
Although a draft Sole Source Justification (Attachment C) and memo were prepared, they were never submitted to CEO Purchasing for approval, nor was this contract pursued in accordance with the Contract Policy Manual (CPM). Instead, the expenditures were made through an MOA funded by the DA Special Appropriations Fund.
In addition, a second MOA with United Data Connect was executed on August 14, 2018, for software development for the DA DNA Database in the amount of $38,250 (Attachment D).
Much of the work contained in MOA #2 has been completed and paid for with the DA Special Appropriations Fund. $27,750 of this work remains outstanding today, as indicated below:
MOA #1 and MOA #2 – United Data Connect
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ITEM |
AMOUNT PAID |
AMOUNT
UNPAID |
TOTAL |
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MOA #1 – Module 1 |
$34,800 |
$0.00 |
$34,800 |
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MOA #1 – Module 2 |
$30,450 |
$0.00 |
$30,450 |
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Total MOA #1 |
$65,250 |
$0.00 |
$62,250 |
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MOA #2 – Module A |
$7,560 |
$11,340 |
$18,900 |
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MOA #2 – Module B |
$2,940 |
$4,410 |
$7,350 |
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MOA #2 – Module C |
$0.00 |
$12,000 |
$12,000 |
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Total MOA #2 |
$10,500 |
$27,750 |
$38,250 |
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Total MOA #1
and #2 |
$75,750 |
$27,750 |
$103,500 |
Most solicitations for software within the County follow the standard procedure required of the County CPM, regardless of the software proprietary elements and intellectual property rights. As these two MOAs combined exceeded the County contract threshold at that time of $100,000 requiring Board of Supervisors’ (Board) approval and were procured through a confidential fund, the DA believes it gives the appearance of contract splitting to avoid County policy. (Note: Effective October 1, 2019, the Board amended this threshold to $200,000 for service contracts.) These expenditures and the two MOAs are now presented to the Board for retroactive approval as required under CPM Section 3.3-111. The work performed to date has been satisfactory. The remaining work has been on hold pending approval of the retroactive MOAs.
Authorization is requested for the retroactive payment of expenditures related to the DNA Database Software Development for two MOAs with United Data Connect totaling $103,500, including the unpaid amount of $27,750, subject to the completion and confirmation of work performed.
FINANCIAL IMPACT:
The expenditures related to the MOAs will be absorbed
within Fund 100, Budget Control 026 for the FY 2019-20 budget.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - Administrative Policies and Procedures for
Use of the DA Special Appropriation Funds
Attachment B - Memorandum of Agreement with United Data Connect, Inc
Attachment C - Sole Source Justification
Attachment D - Memorandum of Agreement with United Data Connect, Inc #2
Attachment E - Government Code Sections 29400 through 29407