Title
District Attorney recommending the Board:
1) Approve and authorize the continuation of perpetual agreement 01-098-01 (FENIX Contract 276) with the State of California Department of Justice for laboratory analysis services in the estimated annual cost of $30,000;
2) Approve and authorize the continuation of perpetual agreement 6126 with Karpel Computer Systems for Microsoft Office and M365 licenses in the estimated annual cost of $53,711;
3) Approve and authorize the Chair to execute Amendment V to Agreement 6126 with Karpel Computer Systems updating the compensation and termination sections of the agreement; and
4) Approve and authorize the continuation of perpetual Agreement 4038 with Karpel Computer Systems for Case Management System on-going support fees in the estimated annual cost of $76,700.
FUNDING: General Fund (81%) and Non-General Fund (19%).
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DISCUSSION / BACKGROUND
In accordance with Board Policy C-17, Departments are required to obtain authorization from the Board of Supervisors, initially, and on an annual basis, to utilize any contract that does not have a stated contract termination date and exceeds the Purchasing Agent authority. The District Attorney's Office has Board-approved contracts that meet the above requirements with the State of California Department of Justice and Karpel Computer Systems.
Department of Justice (Contract 276)
Since March 2005, the District Attorney's Office has contracted with the State of California Department of Justice (DOJ), for laboratory analysis services of blood and urine samples for drugs and alcohol, a breath alcohol testing program, training and retraining of staff, and other administrative and logistical support of field breath alcohol tests. The cost of services is $35 per subject tested and the District Attorney's Office estimates the total annual cost of $30,000.
Karpel (M365) (Contract 6126)
On November 16, 2021, with Legistar file 21-1766, the Board authorized the department to enter into a perpetual software agreement (Agreement 6126) with Karpel in an initial annual amount of $53,820 for the procurement of 75 Microsoft Office/M365 licenses, as well as one-time cost for migration services from G-Suite to M365.
On April 19, 2022, with Legistar file 22-0041, the Board approved Amendment I to Agreement 6126 to include ongoing as-needed support services and increased the annual not-to-exceed amount of the contract to $63,820 for the first year of the agreement, as amended.
On June 6, 2023, with Legistar file 23-0842, the Board approved Amendment II to Agreement 6126 to increase the number of M365 licenses from 75 to 85 and add the Microsoft Office 365 G5 Compliance Government Community Cloud (GCC) license with an estimated annual cost of $153.60. The G5 Compliance GCC license is used to assist with the high volume of Public Request Act (PRA) inquires. The estimated annual license renewal fees totaled $47,890.
On July 16, 2024, with Legistar file 24-0925, the Board approved Amendment III to Agreement 6126 to update the compensation section language and annual Microsoft 365 license fees, increasing the existing license fee from $14.80/month to $16.30/month for a total increased annual cost of $1,530. The estimated annual license renewal fees totaled $49,420.
On February 25, 2025, with Legistar file 24-2087, the Board approved Amendment IV to Agreement 6126 to add one Exchange Online Plan 1 GCC license at $4.80 per month, for an annual amount of $57.60. The estimated annual license renewal fees totaled $49,478.
The proposed Amendment V to Agreement 6126 will include the following changes: amend Article III, Compensation for Services, to increase the as-needed support services rate from $140/hour to $175/hour, document the increase of the M365 unit price from $32/month to $36/month, add an additional Microsoft Office 365 G5 Compliance GCC license for a total quantity of two, and add language stating there is a 5% fee increase if not paid in full annually. Amendment V will also amend Article XII, D, Termination or Cancellation without Cause, to allow the County to be refunded the prorated cost of the annual license payment, should the County issue a notice of termination. The estimated annual license renewal fees total $53,711.
Karpel (Case Management) (Contract 4038)
On April 23, 2019, with Legistar file 19-0213, the Board approved the replacement of existing case management systems for the District Attorney’s Office and the Public Defender’s Office, moving to a consolidated, single database case management system by Karpel Solutions, which provides a comprehensive, modern system able to meet the business needs of both departments. Via Agreement 4038, the District Attorney’s Office has implemented Prosecutor by Karpel, a case management system that allows statewide data sharing, automated workflow, in-court processing screens, evidence training, case reporting, and 24-hour support.
On June 6, 2023, with Legistar file 23-0842, the Board approved Amendment I to Agreement 4038 to include the following: Records Information Management Software (RIMs) interface retroactive to December 2022 with an annual maintenance cost of $2,000 (implementation fee was waived); eCourts interface retroactive to April 2023 with a one-time implementation fee of $25,000 and an annual maintenance fee of $5,000; JasperSoft Reporting Tool with a one-time implementation fee of $2,000 and an annual fee of $10,000; and revise the contract language to include clarification on the process to add licenses, storage billing language, and data breach language.
On June 25, 2024, with Legistar file 24-0923, the Board approved Amendment II to Agreement 4038 to increase of the annual hosting fee from $100/user to $150/user.
On February 11, 2025, with Legistar file 25-0019, the Board approved Amendment III to Agreement 4038 to include the Case Management System “Test” Environment, increasing the annual amount by $1,200.
The District Attorney’s Agreement 4038 has an anticipated annual program support cost of $76,700. The continuation of Karpel Agreement 4038 is recommended based on the high-quality product and support provided for the Karpel Case Management systems.
ALTERNATIVES
If the Board does not approve the continued use of these agreements, the District Attorney's Office would be unable to perform the related services that are integral to the investigation and prosecution of criminal cases.
PRIOR BOARD ACTION
04/23/2019 Legistar file 19-0213
11/16/2021 Legistar file 21-1766
04/19/2022 Legistar file 22-0041
06/06/2023 Legistar file 23-0842
06/25/2024 Legistar file 24-0923
07/16/2024 Legistar file 24-0925
02/11/2025 Legistar file 25-0019
02/25/2025 Legistar file 24-2087
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement & Contracts and County Counsel
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost. Sufficient appropriations are included in both the District Attorney’s Fiscal Year 2024-25 and 2025-26 budgets.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon approval, Clerk of the Board to return one executed copy of Amendment V to Agreement 6126 to the Chief Administrative Office Central Fiscal Division, attention Kelley Lawrie.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Vern Pierson, District Attorney