Agenda Item AGENDA STAFF REPORT ASR Control 24-000058
MEETING DATE:	02/27/24
legal entity taking action:	Board of Supervisors
board of supervisors district(s):	All Districts
SUBMITTING Agency/Department:	Sheriff-Coroner (Approved)
Department contact person(s):	Andrew Stephens (714) 647-1833
	Stephanie Callian (714) 834-6380

Subject: Approve Contract with Foster + Freeman USA Inc.

ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Discussion

3 Votes Board Majority

Budgeted: Yes

Current Year Cost: $203,261

Annual Cost: N/A

Staffing Impact:

# of Positions:

Sole Source: Yes

Current Fiscal Year Revenue: N/A

Funding Source: FED: 100% (FY 2022 DNA Capacity Enhancement and Backlog Reduction (CEBR) Program)	County Audit in last 3 years: No
Levine Act Review Completed: Yes

Prior Board Action: N/A

RECOMMENDED ACTION(S):

Authorize the County Procurement Officer or Deputized designee to execute the Foster + Freeman USA Inc., contract for the sole source purchase of two Crime-Lite Auto and two Crime-Lite ML Pro Evidence Screening Systems plus a one-year warranty, in the amount of $203,261.

Authorize the County Procurement Officer or Deputized designee to execute future contracts with Foster + Freeman USA Inc., for additional maintenance services using the same terms and conditions for four additional one-year consecutive terms.

SUMMARY:

Approval of the contract with Foster + Freeman USA Inc. will allow the Sheriff-Coroner Department to purchase two Crime-Lite Auto and two Crime-Lite ML Pro Evidence Screening Systems for use in examinations of homicide and sexual assault cases.

BACKGROUND INFORMATION:

The Sheriff-Coroner Department's (Sheriff's) Orange County Crime Lab (OCCL) identified the Crime-Lite Auto and Crime-Lite ML PRO solely manufactured and distributed by Foster + Freeman USA Inc., (Foster + Freeman) as instruments which can aid in criminal investigations. The Crime-Lite Auto evidence screening system which is handheld and portable with the potential to be used in the laboratory and a crime scene setting. The Ultraviolet (UV), visible, and infrared light sources are combined in a single unit that allows the user to quickly locate and document potential body fluid stains. The Crime-Lite ML Pro combines UV, visible, and infrared light sources in a single unit that allows the user to quickly locate and document potential body fluid stains. It is also capable of semi-automated evidence screening which will improve the quality, consistency, and efficiency of clothing and bedding examinations in homicide and sexual assault cases. The proposed contract is a sole source contract.

The OCCL currently uses two alternate light sources to assist in the detection of bodily fluids. However, these systems provide limited capabilities and require manual interaction with the light sources. The Foster + Freeman Crime-lite ML-PRO and Crime-lite Auto semi-automated design, enhanced operating systems, expanded available wavebands, and overall mobility and manipulation provide a singularly capable instrument for our necessary uses at the OCCL. There are no alternative instruments with similar capabilities and design currently on the market.

Foster + Freeman is the sole manufacturer of the Crime-Lite ML PRO and Crime-Lite Auto, and it's solely distributed directly by Foster + Freeman. The OCCL currently does not have the ability to photograph the observed results of the examination under various light wavelength/filter combinations in the field outside the laboratory. If Sheriff is unable to obtain the Crime-Lite Auto instruments, the OCCL would continue to utilize their current practice where the documentation of any observations made after examination with different light wavelengths are only made in writing. The OCCL also does not have the ability to automate the examination of items using light wavelength/filter combinations in the laboratory, while simultaneously photographing the evidence under the various combinations. This will provide a more efficient and thorough examination of the items. If the Crime-Lite Pro instruments are not available, the OCCL would continue to manually adjust the light wavelength and filter combinations one at a time, documenting observations in writing, and photographing accordingly. The current practices used to accomplish these particular tasks are time consuming and delay processes which are not in the best interest of the County of Orange.

Sheriff conducted a review of Contractors’ ownership/name, litigation status or conflicts with County interests and found Contractor is not a party to existing litigation that is reasonably likely to impede Contractor’s performance of the scope of work and/or to adversely impact the County. The Orange County Preference Policy was not applicable to this sole source contract.

Sheriff now requests Board approval to execute contract with Foster + Freeman for the purchase of two Crime-Lite Auto and two Crime-lite ML Pro Evidence Screening Systems as noted in the Recommended Action. This contract does not include subcontractors or pass through to other providers. See Attachment B for Contract Summary.

FINANCIAL IMPACT:

Appropriations for this contract are included in Budget Control 060, Sheriff-Coroner FY 2023-24 Budget and will be included in the budgeting process in future years. Equipment was also approved as part of the current budget using sequence number FY 24-117 and FY 24-119. This contract contains language allowing the Sheriff-Coroner Department to terminate the subordinate 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 contract.

STAFFING IMPACT:

N/A

ATTACHMENT(S):

Attachment A - Contract Number MA-060-24010678
Attachment B - Contract Summary Form