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Agenda Item
ASR
Control 24-000216 |
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MEETING
DATE: |
03/26/24 |
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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): |
Matthew
Pettit (714) 347-8440 |
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Robert
Mestman (714) 347-8404 |
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Subject: Approval
of Contract for Consulting Services for Case Management System
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ceo CONCUR |
County Counsel Review |
Clerk of the
Board |
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Concur |
Approved Agreement to Form |
Discussion |
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3 Votes Board Majority |
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Budgeted: Yes |
Current
Year Cost: $83,500 |
Annual
Cost: FY 2024-25 $166,500 |
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Staffing
Impact:
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No |
#
of Positions: |
Sole
Source: Yes |
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Current Fiscal Year Revenue: N/A
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Prior Board Action: 6/27/2023 #S77A |
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RECOMMENDED
ACTION(S):
Authorize the
County Procurement Office or Deputized designee to execute contract with
Gartner, Inc., a Delaware corporation for consulting services for the District
Attorney’s case management system for the term of March 27, 2024, through
October 30, 2024, in the not to exceed amount of $250,000.
SUMMARY:
Approval of this
contract with Gartner, Inc. for consulting services will allow the District
Attorney to continue analyzing its current case management system and provide
recommendations for modernization.
BACKGROUND
INFORMATION:
The District
Attorney (DA) requires a consultant to analyze its current case management
system (CMS). Gartner, Inc. will provide
mission-critical information technology (IT) consulting services to the DA’s
Office, which will involve analyzing the existing CMS and making technical
recommendations for potential solicitation of a newer solution or making
improvements to the existing system. The
recommendations may be included in a future solicitation for a qualified vendor
(not Gartner, Inc. or its affiliated companies) to replace the existing CMS
system with a newer solution, as appropriate.
The DA utilizes a
computerized CMS, originally developed in-house beginning in the
mid-1990s. DA IT internal staff have
continuously re-designed, upgraded and supported the CMS system. The department seeks to improve or replace
the system to improve capabilities aligned with the following five objectives:
1. Transition to digital case files.
2. Ability to respond to legislative mandates.
3. Long-term flexibility.
4. Facilitation of data driven decisions across
the organization.
5. Increase transparency and accountability.
As to objective
No. 2 referenced in the list above, AB 2418 provides that, beginning March 1,
2027, every district attorney statewide shall collect 54 specified data
elements for cases in which a decision to reject charges or to initiate
criminal proceedings by way of complaint or indictment has been made by that
agency from that date forward. Most of those data elements will likely be
subject to production under the Public Records Act after March 1, 2027. The DA
must be in compliance with AB 2418 and its deadlines. The current case
management system must be replaced or significantly upgraded to ensure the
District Attorney’s ability to comply with AB 2418.
Furthermore,
replacement of the case management system will assist the DA in managing
ever-increasing discovery and records production demands. Increased use of
digital and video records in criminal proceedings requires a state-of-the-art
case management system that can work efficiently for the DA, prosecutors, and investigators in a digital
record environment for the foreseeable future.
On June 27, 2023,
the Board approved a contract with Gartner, Inc. for CMS consultation services
for the period of July 1, 2023, through June 30, 2024. The previous contract was for phases I and II
of the CMS project, which scope of work included analyzing the current CMS
system and developing a detailed systems requirement for a new CMS system. The new contract will be for phases III and
IV, which includes assisting the DA in developing a solicitation for a new CMS
system, scope of work and requirements.
At the end of this new contract, the DA is confident that it will be
proceeding with a solicitation for a new CMS system.
The proposed
contract is a sole source contract. Since phases III and IV are a continuation
of the work that Gartner completed in phases I and II, Gartner is uniquely
qualified to provide services for this portion of the project, as well –
thereby requiring a sole source contract.
For phases I and
II of this project, Gartner was engaged in a sole source contract due to their
experience providing similar services to some of the largest prosecutorial
offices in the nation, including New York City, and specifically some of the
largest counties in California with a similar critical need in modernizing
legacy Case Management Systems (i.e. Ventura County, Santa Clara County, San
Diego County District Attorney, LA County District Attorney, and LA County
Public Defender). The nature of this prior work involved similar complex
nuances to the project currently facing OCDA.
Gartner’s Public
Safety and Justice Practice provides a dedicated focus on prosecution,
judicial, law enforcement, and corrections organizations. They have supported over 100 industry clients
over the last decade and developed a deep understanding of the unique challenges
faced by criminal justice agencies. Gartner has provided similar services to some
of the largest prosecutorial offices in the nation including New York City, and
specifically some of the largest counties in California with a similar critical
need in modernizing each of their legacy Case Management Systems (i.e., Ventura
County, Santa Clara County, San Diego County District Attorney, LA County
District Attorney, and LA County Public Defender). Many of those were custom-built in decades
prior, thus having similar complex nuances. Gartner Inc. satisfactorily
completed the work for phases I and II three months ahead of schedule under the
prior contract. This experience and
expertise make them uniquely qualified for this project.
Gartner, Inc. will
only provide consulting services and neither it nor its affiliates will be
bidding on a future solicitation for the development, upgrade or maintenance of
a new case management system. Having an expert consultant is critical to
ensuring all who might be qualified to develop and maintain a future case
management system are available and not legally disqualified from submitting
proposals for the DA’s future needs.
This new sole
source contract with Gartner, Inc. contains a modified Indemnification
provision and also the addition of a Limitation of Liability. The County Executive Office/Risk Management
has reviewed and approved these modified terms.
A Risk Assessment or Modification of Terms Form is attached as
Attachment B.
The Contractor’s
performance on other projects has been confirmed as at least satisfactory. The DA 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 Orange County Preference Policy is not applicable to this Contract.
Subcontractors
This Contract does not currently include
subcontractors or pass through to other providers. See Attachment C for Contract Summary Form.
This Contract is being presented to the
Board with less than 30 days prior to the commencement of the Contract due to
the critical nature of these services that the agency needs to have started on
March 27, 2024. The DA requests the Board’s
approval to execute the sole source contract as referenced in the recommended
action.
FINANCIAL IMPACT:
Appropriations for
this Contract are included in the District Attorney’s FY 2023-24 Budget for
Budget Control 026 and will be included in the budgeting process for future
years as needed. This Contract contains
language allowing the District Attorney to terminate the Contract or reduce the
level of service without penalty with cause or without cause in the event that
funding is reduced and/or not available to continue with funding the Contract.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A – Contract
MA-026-24011032 with Gartner, Inc.
Attachment B – Risk Assessment or Modification of Terms Form
Attachment C – Contract Summary Form
Attachment D – California Assembly Bill - AB 2418