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Agenda Item
ASR
Control 21-000689 |
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MEETING DATE: |
09/14/21 |
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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: |
Sheriff-Coroner
(Approved) |
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Department contact
person(s): |
Ken Burmood (714) 647-1804 |
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Bruce Houlihan (714) 834-6380 |
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Subject: Approve Retroactive Contract
with NicheVision Forensics, LLC for DNA Software
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ceo CONCUR |
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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:
$77,882 |
Annual Cost:
FY 2022-23 $49,931 |
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Staffing Impact: |
No |
# of Positions:
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Sole Source:
Yes |
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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):
Retroactively authorize the County Procurement Officer or authorized Deputy to execute the sole source contract with NicheVision Forensics, LLC for DNA Analysis Software System for the term of January 1, 2020, through December 31, 2022, in an amount not to exceed $127,813.
SUMMARY:
Retroactive approval of the agreement with NicheVision Forensics, LLC will allow the Sheriff-Coroner Department to issue payment for the purchase, update and maintenance of the STRmix DNA Analysis System Software, which is used by the Orange County Crime Lab to resolve complex DNA profiles.
BACKGROUND INFORMATION:
The Sheriff-Coroner Department's (Sheriff) Orange County Crime Lab (OCCL) requires a DNA Software Analytics system that can quickly solve and interpret complex DNA evidence collected in investigations. NicheVision Forensics, LLC (NicheVision) provides the STRmix Probalistic Genotyping DNA Analysis System (STRmix) software update and support for the validation of the newly released STRmix Version 2.8. With the use of STRmix, it can assist with OCCL's investigations using DNA evidence that was previously considered too complex to interpret. STRmix was developed by the Institute of Environmental Science and Research, and uses biological modelling and mathematical processes to resolve complex DNA mixtures. By utilizing likelihood ratios to quantify evidence for a hypothesis in a continuous approach, STRmix delivers faster, more accurate responses.
Moreover, STRmix allows OCCL to combine multiple amplifications of the same DNA extract into one interpretation, carry out familial searches against a database, compare reference DNA profiles, generate configurable reports and enter contributor number range when performing a deconvolution. Additionally, this software update and support includes a feature that allows OCCL to determine related individuals as alternate propositions in the likelihood ratio, interpret DNA profiling data generated by any autosomal Short Tandem Repeat profiling kit and from a range of starting template DNA concentrations and perform calculations suited for OCCL’s specific settings.
This contract with NicheVision Forensics, LLC is established through a sole source service contract, see Attachment B for details. Additionally, Sheriff has had prior experience with this vendor in 2016 to purchase licenses and software. This contract comes to the Board of Supervisors as a retroactive contract due to an extended period of time to negotiate contract language with the vendor and navigating through COVID-19 pandemic related delays. There were numerous exceptions taken to the County’s terms and conditions and the Contractor also insisted that their software license agreement terms be incorporated into the County contract. Merging the County terms and Contractor’s terms into one contract required multiple reviews and negotiated revisions by County Counsel and Risk Management. As noted in the Recommended Actions, Sheriff now requests retroactive authorization for the County Procurement Officer or authorized Deputy to execute the sole source contract with NicheVision for the STRmix software update and support for the new STRmix Version 2.8 for the term of January 1, 2020, through December 31, 2022, in an amount not to exceed $127,813. This contract does not currently include subcontractors or pass through to other providers. See Attachment C for the Contract Summary Form. The contract contains non-standard indemnification and limitation of liability provisions that have been reviewed and approved by the County Executive Office of Risk Management; see Attachment D for the Risk Assessment Form.
FINANCIAL IMPACT:
Appropriations for this contract are included in the Sheriff-Coroner's FY 2021-22 Budget for Budget Control 060, and will be included in the budgeting process in future years. This contract 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 contract.
STAFFING IMPACT:
N/A
ATTACHMENT(S):
Attachment A - NicheVision Forensics, LLC Contract
MA-060-20010875
Attachment B - Sole Source Request Form
Attachment C - Contract Summary Form
Attachment D - Risk Assessment Form