Title
District Attorney recommending the Board consider the following:
1) Approve the use of Department of Justice Asset Forfeiture Funds for the purchase of as-needed network hardware, Karpel software, office space enhancement services, Fausel House (772 Pacific Street) facility lease, Fentanyl awareness outreach efforts, and Science-Based Interview training/travel expenses in the overall total estimated amount of $186,239 for Fiscal Year 2022-2023;
2) Approve the use of Supplemental Local Law Enforcement Funds for the purchase of as-needed law enforcement equipment, (1) vehicle, and ANDE DNA training services and kits in the overall total estimated amount of $113,241 for Fiscal Year 2022-2023;
3) Approve and authorize the Board Chair to sign Fiscal Year 2022-2023 budget transfer increasing revenue and appropriations within the District Attorney’s budget by $265,730 (4/5 vote required);
4) Make a finding in accordance with Procurement Policy C-17, Section 3.4.3, that competitive bidding would produce no economic benefit to the County for the procurement and purchase of a department vehicle;
5) Authorize the Purchasing Agent to sign a purchase order to a preferred vendor in the estimated amount of $51,572 for a one-time purchase following Board approval, under an exemption to competitive bidding; and
6) Add one (1) Pickup Truck to the District Attorney’s Fiscal Year 2022-23 Fixed Asset List, with an estimated cost of $51,572.
FUNDING: Department of Justice Asset Forfeiture Equitable Sharing Funds and Supplemental Local Law Enforcement Funds.
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DISCUSSION / BACKGROUND
Equitable Sharing Funds
The District Attorney’s Office (DA), through an agreement with the Federal Department of Justice (DOJ), receives monies for assets seized by partner agencies, also referred to as Equitable Sharing Funds (EQSHR). The funds are deposited into a trust fund in the County Treasury until such time the District Attorney requests the use of the funds per the guidelines established in the Equitable Sharing agreement with DOJ. One of the requirements outlined is obtaining Board approval for the use of EQSHR funds. According to the guidelines, EQSHR funds shall be used by law enforcement agencies for law enforcement purposes only, which includes a wide range of operational expenses. The District Attorney is requesting the use of $186,239 from the EQSHR fund to support the expenses outlined below (costs provided are estimates):
1. Internal Network Infrastructure Upgrades - $19,628
The District Attorney’s Office has separated from County Information Technologies and needs new computer-related equipment to replace the current infrastructure. New computer equipment includes, but is not limited to: hardware, rack mounts, switch ports, cables, consoles, etc. The updated hardware will allow the office to monitor their own network, handle maintenance and upgrades internally, and become self-sufficient by having outdated equipment replaced, avoiding impacts to day-to-day operations.
2. Karpel: Jaspersoft and Court Interface Software - $35,000
Over the past year, the District Attorney’s Office has noticed a significant increase in public records requests. These requests often require many hours of work and review to pull relevant records from Karpel (Case Management System) using available standard report options. To aid with streamlining the process, Karpel has partnered with Jaspersoft to develop custom reporting capabilities. With Jaspersoft, staff will be able to pull the data more efficiently. The estimated annual cost of Jaspersoft is $10,000.
The County’s Courts department has recently changed case management systems, in turn, rendering the DA’s currently interface impractical. A new court interface is required to allow for electronic filing, calendaring, and dissemination of case dispositions. Without the court interface via Karpel, the office would resort to hand delivering case filings, manually maintaining the court calendar, and manually transferring case dispositions into Karpel. The cost of the interface is estimated at $25,000.
3. SLT Office Upgrades - $50,000
The District Attorney’s Office in South Lake has not received any renovation or furniture update in over 15 years. Desks have become worn and inoperable; chairs have stains/holes in the padding and are comprised of various makes and models; bookshelves are old with sagging shelves; the carpeting has holes and wear marks in the high-traffic areas; office cabinets are unbalanced; walls have a combination of colors of paint and peeling wallpaper. Renovation, including new office furniture, shelving, cabinets, and chairs is needed to accommodate updates in technology equipment. The current office has an unprofessional appearance and is often in view of victims, witnesses, law enforcement, and defense attorneys. The office is planning to work with Facilities in determining the proper steps for the upgrade project.
4. As-Needed Minor Equipment - $12,511
The District Attorney’s Office has recently secured a storage facility lease for large evidence items, including vehicles. A current Memorandum of Understanding with CHP (Placerville and South Lake Tahoe) requires the DA to be responsible for the storage of vehicles and large items of evidence related to DUI fatalities and automobile theft related cases, once the case is filed with the office. The office is looking to purchase equipment needed to maintain the facility’s organization, allow investigators and experts to maneuver underneath vehicles to search for evidence, and maintain the facility’s heating and cooling system. The estimated cost for all of the desired equipment is $12,511.
5. Science-Based Interview Training Conference 2023 - $20,350
The District Attorney’s Office is hosting a Science-Based Interview Training course during May 2023 in South Lake Tahoe. This interview training delivers a flexible approach optimizing interactions during victim and witness interviews, suspect interrogations, informant debriefings, and community engagements. Through a subject-oriented approach, science-based interviewing has been shown to create a space for engagement that both increases the likelihood that the interviewee will choose to participate in a meaningful manner and substantially increases relevant information yield. The estimated cost for the conference venue rental is $10,750 and the estimated travel cost for (12) DA staff to attend the course is $9,600.
6. Fausel House (772 Pacific Street) Facility Lease - $33,750
Per the terms of lease agreement# 3486 with Fausel Professional Center LLC, Section 16.3 indicates that Asset Forfeiture Funds are to be used to support the facility rental. This request is to reiterate that approval. Revenue and appropriations have already been included in the department’s Fiscal Year 2022-2023 budget and therefore, not included on the enclosed budget transfer related to this item.
7. Fentanyl Awareness Outreach - $15,000
Over the past year, the United States Drug Enforcement Administration (DEA) has joined public health, non-profit, and law enforcement partners in recognizing National Fentanyl Awareness Day. This day is an effort to educate individuals around the dangerous threat that fentanyl poses to the safety and health of the American people. According to the CDC, 107,375 people in the United States died of drug overdoses and drug poisoning in a 12-month period, with the majority involving synthetic opioids like fentanyl. This year, the District Attorney’s Office plans to join the awareness and outreach initiative within the El Dorado Community and is requesting an estimated cost of $15,000 of EQSHR funds to support the project. National Fentanyl Awareness Day will be observed on May 9th, 2023. The office plans to use the funds for local outreach activities such as conducting educational events and promoting awareness through advertising and social media outlets.
Supplemental Local Law Enforcement Funds
Per California Government Code sections 30061-30065, Supplemental Local Law Enforcement Funding (SLESF) are to be utilized by law enforcement agencies for frontline equipment needs, and the personnel, equipment, and programs that are necessary to meet those needs. The District Attorney is requesting the use of $113,241 from the SLESF fund (org: 2280780) to support the expenses outlined below (costs provided are estimates):
1. Law Enforcement Equipment - $13,882
The District Attorney’s Office employs (20) Peace Officers who possess a high level of experience in all aspects of law enforcement. The skillset within the Investigation’s Unit ranges from patrol, SWAT, traffic officers, detectives, firearms instructors, use-of-force instructors, and supervisors. Over the past 15 years, the office has worked hard to outfit its investigators with modern safety equipment and has managed to purchase six rifles which are issued to six investigators. The remaining investigators certified to carry rifles are issued older rifles that were transferred from evidence to institutional use. Although all the transferred rifles were inspected prior to being issued, their history is largely unknown. Due to the unknown history of the issued rifles, we have begun the effort to replace the former evidence rifles with newly manufactured and purchased rifles from a reputable manufacturer and a licensed firearms dealer. The estimated cost for the firearms is $10,606.
Due to recent updates to Apple mobile devices, the District Attorney’s Office no longer has the ability to prevent remote deletion of digital evidence on mobile devices. Mobile devices are implementing technology that allows them to receive a wipe signal even when it is no longer connected to a network. To prevent this from happening, a Faraday enclosure can be used, which prevents mobile devices from receiving signals. The enclosure will need to be large enough to hold both the mobile device(s) and a forensic extraction tool. It also requires specific shielded connectivity to prevent signal leakage. The Mission Darkness Faraday Enclosure is ideally suited for this need and is estimated to cost $3,276.
2. Vehicle - $51,571
Due to an internal re-organization of the District Attorney’s Office equipment and based on current vehicle mileage analysis, there is an immediate need for a replacement vehicle. The vehicle to be replaced currently has over 180,000 miles and will incur additional costs in repairing anticipated mechanical issues. Although County Fleet has an existing contract for Ford F-150s with Downtown Ford, lead times for procuring vehicles can range from one to one and a half years at minimum if utilizing the awarded vendor. In researching local dealerships, it was determined that Future Ford of Roseville is the preferred vendor. Out of four dealerships, Future Ford is the only vendor who has the desired vehicle in stock at the most completive sales price. A non-competitive purchase request has been approved by the Purchasing Agent justifying why competitively bidding this particular purchase request would produce no economic benefit to the County.
3. ANDE DNA Machine Training & Additional Kits - $47,788
The District Attorney’s Office shares a DNA testing machine with the County Sheriff’s Office and has had staff undergo training for the utilization of the machine as part of the initial agreement. The cost of the training is $19,500. Additionally, the Sheriff’s Office recently began collecting ANDE DNA samples from all inmates who are required to provide DNA samples. This program is extremely valuable for the rapid identification of criminal, especially repeat offender. With the increase of ANDE kits being used, the office requires additional kits in stock, readily available. The estimated cost for additional kits is $25,000.
ALTERNATIVES
Should the Board opt not to approve the use of EQSHR and SLESF funds, the department would need to request General Fund appropriations to support these operational expenses.
PRIOR BOARD ACTION
Legistar 22-1636, September 20, 2022 - Board approved District Attorney request to use Federal Equitable Sharing Funds to support Law Enforcement initiatives.
Legistar 22-1409, August 16, 2022 - Board approved District Attorney request to use Federal Equitable Sharing Funds to support Law Enforcement initiatives.
Legistar 21-0321, March 23, 2021 - Board approved District Attorney’s request to use Federal Equitable Sharing Funds to support Law Enforcement initiatives.
Legistar 20-0152, February 11, 2020 - Board approved District Attorney’s request to use Federal Equitable Sharing Funds to support Law Enforcement initiatives.
Legistar 19-1462, October 22, 2019 - Board approved District Attorney’s request to use Federal Equitable Sharing Funds and Supplemental Local Law Enforcement Funds to support Law Enforcement initiatives.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Procurement & Contracts
Auditor Controller’s Office
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost as the use of Equitable Sharing Funds and Supplemental Local Law Enforcement Funds is being requested. The enclosed budget transfer increases revenue and appropriations in the District Attorney’s Fiscal Year 2022-2023 budget by an overall total of $265,730 to support the expenses outlined above.
CLERK OF THE BOARD FOLLOW UP ACTIONS
Upon approval, Clerk of the Board to forward executed budget transfer to the Auditor Controller’s Office.
STRATEGIC PLAN COMPONENT
Public Safety
CONTACT
Vern R. Pierson, District Attorney