Title
District Attorney’s Office recommending the Board:
1) Make findings in accordance with Procurement Policy C-17, Section 3.4.2 (a & f) to exempt the services provided under Agreement 8299 from the competitive bidding process because the procurement can only be sourced from a single vendor due to the technological, specialized, or unique character of the procurement and the continuity of providers will provide efficiency or critical knowledge, and other providers cannot provide similar efficiencies or critical knowledge;
2) Approve and authorize the Purchasing Agent to execute Amendment II to Agreement 8299 with Sicuro Data Analytics Inc., contingent upon County Counsel and Risk Management approval, for Phase 4 of the Racial Justice Act project and additional projects, including data maintenance, internal dashboard setup, dashboard special requests, and analytical requests, extending the term through March 31, 2028, and increasing the amount by $310,178 for a new amount of $585,178; and
3) Authorize the Purchasing Agent to execute any necessary Amendments relating to Agreement 8299, excluding term extensions or increases to the amount, contingent upon approval by County Counsel and Risk Management.
FUNDING: General Fund.
Body
DISCUSSION / BACKGROUND
On September 29, 2022, Assembly Bill (AB) 256, also known as “The Racial Justice for All Act”, was signed into law giving offenders charged with (or convicted of) a crime the ability to raise issues of bias or discrimination based on race, ethnicity, or national origin in their cases. These pre- and post-conviction motions require the District Attorney’s (DA’s) Office to produce detailed information regarding their cases, such as demographic information about the defendant and victim, charging information, information about plea offers, and case disposition. In response to the law, the DA’s Office contracted with Sicuro Data Analytics Inc. (Sicuro) to extract the data elements from the DA's previous and current case management systems. Agreement 8299 was executed on March 5, 2024 (Legistar file 24-0128), allowing Sicuro to provide statistical analysis of criminal charges and outcome services as outlined in the Racial Justice Act (RJA) for a three-year term, with an amount of $275,000.
Sicuro has since completed the first three phases of the RJA project. The proposed Amendment II will allow Sicuro to provide ongoing expert analysis that will allow the DA’s office to enhance internal decision-making with data-driven insights, communicate accurate and unbiased information of the activities of the office to community members and interested parties, and accurately fulfill public records requests with Phase 4 of the RJA project.
Procurement Policy C-17 3.4.2 (a & f) allows for the exemption from competitive bidding when (a) the services provided are unique and (f) the services require critical knowledge that other vendors do not possess. Sicuro Data Analytics Inc. offers unique services that other vendors do not possess. No other vendor exists that has the combination of ability to perform technical coding, data mining and database creation, and the expertise to do the causal criminal justice data analytics that are required by the RJA. In addition, Sicuro has top criminal justice security clearance, fully completed criminal background, a Criminal Justice Information Services compliant data lab, and California Law Enforcement Telecommunications System Certification that allows them to immediately start this time-sensitive project.
The District Attorney’s Office is requesting the Board execute Amendment II to Agreement 8299 allowing Sicuro Data Analytics Inc. to complete Phase 4 of the RJA project and additional projects, including data maintenance, internal dashboard setup, dashboard special requests, and as-needed analytical requests, extending the term through March 31, 2028, and increasing the amount by $310,178 for a new amount of $585,178.
ALTERNATIVES
Should the Board decline to approve Amendment II to Agreement 8299 with Sicuro Data Analytics Inc., the DA’s Office will need to find an alternative means in obtaining statistical analysis of criminal charges and outcome services as outlined in the RJA.
PRIOR BOARD ACTION
03/05/2024 Legistar file 24-0128: The Board approved and authorized the Board Chair to execute Agreement 8299 with Gregory DeAngelo, dba Sicuro Data Analytics, LLC, for a three-year term, with an amount of $275,000, for statistical analysis of criminal charges and outcome services as outlined within the requirements of AB 256 Racial Justice Act.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement & Contracts
County Counsel
Risk Management
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Funds are available within the FY 2025-26 Budget for current year anticipated expenses. Appropriations have been included in FY 2026-27 Budget request to continue services.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Vern Pierson, District Attorney