HomeMy WebLinkAbout05.I- Police 5.1
RESOLUTION (ID # 3713) DOC ID: 3713 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Jarrod Burguan M/CC Meeting Date: 03/02/2015
Prepared by: Adam Affrunti, (909) 384-
7228
Dept: Police Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of an Agreement with Bode Technology Group, Inc., for DNA Analysis
and Database Storage, and the Issuance of a Purchase Order to Bode Technology in
the Amount of $150,000.00. (#3713)
Current Business Registration Certificate: No
Financial Impact:
Account Budgeted Amount: $725,000
Account No. 123-210-0001*0000-0972
Account Description: AB109 Grant Fund
Balance as of: 2/9/2015
Balance after approval of this item: $1,106,489.00
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
11-18-13 Resolution No. 2013-2757 authorizing the request for proposal for DNA
analysis and database was adopted.
Background
On February 4, 2014, Notices of Invitation for Bids (RFP F-14-21) for DNA Database
Services were sent to three vendors. Additionally, the notice of invitation for bid was
sent to the San Bernardino Chamber of Commerce, The SUN newspaper and
advertised on the City's web page. Two vendors, Bode Technologies and Small Pond,
responded with qualifying bids.
The use of DNA in law enforcement is a relatively new phenomenon. DNA was first
utilized in law enforcement in the mid-1980s. It took many years for DNA to become
standard in criminal investigations and to be accepted universally in courts across the
country. Since DNA was first utilized in law enforcement, the technology and
applications for DNA have constantly evolved and improved. The advancements often
require new equipment, training, and/or facilities. Thus, most law enforcement agencies
have struggled to keep pace with the advancements. Many agencies have turned to
private sector companies to increase their capacity to use DNA in criminal
investigations.
The San Bernardino Police Department intends to establish a STR DNA analysis and
searchable database of forensic casework evidence. This will allow the San Bernardino
Police Department to use DNA as a tool for criminal investigations. Research has
Updated: 2/25/2015 by Georgeann "Gigi" Hanna A Packet Pg. 352
5.1
3713
shown increased use of DNA improves clearance rates which would contribute toward
lowering our crime rate.
In essence, Bode Technology will process DNA samples submitted by San Bernardino
Police Department, generate a profile and store that data. The samples will be collected
by our officers upon arrest and also some selected consensual contacts. The samples
will be uploaded through Bode Technology to the local database where we can then
compare DNA samples from local crime scenes to our local offenders. We anticipate
other surrounding agencies will participate in the program as well, and further enhance
the capabilities of the database as a method to identify offenders. All of our plans, short
and long term, are designed to enhance our use of DNA to identify suspects and gain
convictions.
The Police Department recommends approval of the attached contract with Bode
Technology for processing and storing DNA samples. The funds will be allocated from
the State grant received to offset the adverse effects of Prison Realignment. There will
be no impact on the General Fund.
Financial Impact
Available AB109 funds in account# 123-210-0001-0000-0972 are $1,256,489. After
approval of this item the balance remaining will be $1,106,489.
City Attorney Review:
Supporting Documents:
Reso DNA (DOC)
agrmt 3713 (PDF)
FY14-15BudgetDetail2.9.15 (PDF)
Updated: 2/25/2015 by Georgeann "Gigi" Hanna A Packet Pg. 353
RESOLUTION NO.
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 WITH BODE TECHNOLOGY GROUP, INC., FOR DNA ANALYSIS AND
4 DATABASE STORAGE, AND THE ISSUANCE OF A PURCHASE ORDER TO
BODE TECHNOLOGY IN THE AMOUNT OF$150,000.00.
5
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
6 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. The City Manager is hereby authorized to execute on behalf of the City
8
an Agreement between the City of San Bernardino Police Department and Bode Technology
9
Group, Inc., for DNA analysis and database searching capabilities to aid criminal
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11 investigations, marked as Exhibit "A," and incorporated herein by this reference as fully as
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12 though set forth at length. r
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13 SECTION 2. The authorization to execute the above referenced Agreement is z
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14 rescinded if it is not executed within 90 days of the passage of this Resolution.
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SECTION 3. That the City Manager is hereby authorized to increase the Fiscal Year a
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17 2014/2015 budget by $150,000 using undesignated AB109 funds, account number 123-210- N
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18 0001*3405-0972, and authorize the appropriation and expenditure of $150,000 grant fund
as
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19 revenues in account 123-210-0001*5502-0972.
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20 SECTION 4. That the Director of Finance is hereby authorized to issue a Purchase
21
Order to Bode Technology Group, Inc., in an amount not to exceed$150,000 utilizing account
22
23 number 123-210-0001*5502-0972.
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51a
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1 SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
2 WITH BODE TECHNOLOGY GROUP, INC., FOR DNA ANALYSIS AND
DATABASE STORAGE, AND THE ISSUANCE OF A PURCHASE ORDER TO
3 BODE TECHNOLOGY IN THE AMOUNT OF$150,000.00.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting
7
thereof, held on the day of , 2015,by the following vote,to wit:
8
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ N
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BARRIOS y
12
VALDIVIA
13 z
SHORETT °.
14 M
15 NICKEL
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16 JOHNSON o
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17 MULVIHILL
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19
Georgeann Hanna, City Clerk r
20 a
21 The foregoing resolution is hereby approved this day of , 2015.
22
23 R. Carey Davis, Mayor
24 City of San Bernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
26
27 By:
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5.I.b
Exhibit A
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND BODE TECHNOLOGY GROUP,INC. FOR
DNA ANALYSIS AND DATABASE STORAGE
This Vendor Services Agreement is entered into this_day of by and between
The Bode Technology Group, Inc (`Bode"or"Vendor") and the City of San.Bernardino ("City"
or"San Bernardino') on behalf of the San Bernardino Police Department (SBPD)-Regional
DNA Indexing System(RDIS).
WITNESSETH:
WHEREAS, the City of San Bernardino has determined that it is advantageous and in
the best interest of the CITY to contract for DNA process and storage in a RDIS;
WHEREAS, the CITY is requesting the purchase of the above services from Bode over
any other competitors that offer DNA process and storage services;
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WHEREAS, Bode conducts DNA analysis of reference samples and of crime scene n
evidence related to criminal investigations occurring within the jurisdiction of law
enforcement agencies;
WHEREAS, Bode offers a local DNA database program called BodeHITS offered to °
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SBPD as an RDIS solution; z
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WHEREAS, as a part of that program, SBPD documents sample and case information in M
the BodeHITS Case Management system. Bode also processes samples for DNA results M
and provides a service for clients that includes storing profiles and searching profiles to M
obtain DNA hits; M
WHEREAS, SBPD desires for Bode to provide the services necessary to provide DNA E
analysis results;
WHEREAS, the case information entered by SBPD shall belong to SBPD. The DNA
results, including the DNA profile data, produced by Bode shall belong to SBPD once E
payment is received for the tests and services that produced the DNA services;
M
WHEREAS, SBPD desires to also enter eligible profiles into the combined DNA Q
indexing system(CODIS)via a participating crime laboratory;
WHEREAS, SBPD understands that prior to sample analysis, samples going into CODIS
must be approved by the CODIS lab that will review the data and upload to the database,
this can be achieved by blanket approval or on a case-by-case basis and;
WHEREAS, SBPD will be responsible for any financial obligations charged by the
CODIS lab.
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Exhibit A
NOW,THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
• It is anticipated that approximately 1,000 DNA samples [evidence and references] will be
outsourced each year. Turn-around time requirements will range from 1 day to 30 days.
Turnaround time is defined as the time batches are received and accessioned by the
laboratory until the time samples are reported into the BodeHITS Case Management
Software. Standard turnaround time is defined as 30 days for upload into BodeHITS and an
additional 15 days to include delivery of CODIS Packet, if required.
• The STR DNA analysis of these samples will be performed utilizing methods and materials
approved by a CODIS laboratory. Any new STR kit testing platform must be mutually
agreed upon by Bode, SBPD and the CODIS lab. Technical procedures include
amplification of a 16-locus system [Identifiler, IdentifilerPlus,or PowerPlexl6], capillary
electrophoresis. All testing will be performed according to Bode's standard operating
procedures. STR kit must be agreed upon by Bode and SBPD. New testing platforms may
have more loci, resulting in higher raw material costs. In this event, pricing for DNA Cn
analysis is subject to change. In this event, Bode will propose updated pricing that will be U)
mutually agreed upon prior to implementation. All personnel hired after the last documented
audit must demonstrate documentation of the educational requirements as defined by the o
FBI Quality Assurance Standards for the Forensic DNA and Convicted Offender DNA Q
Databasing Laboratories.This information must be submitted to and approved by the SBPD o
contract manager in writing prior to the new personnel working on this contract.
• Bode must also provide a copy of the laboratory table of organization which includes all M
personnel who will be involved in any way with this contract to the SBPD contract manager
(i.e.project employees). The names of the individuals with the following job titles, as
defined by the FBI's Quality Assurance Standards for Forensic DNA and Convicted M
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Offender DNA Databasing Laboratories, shall be documented: Technical Leader, Quality E
Assurance Officer, and all analysts/technicians qualified to perform analysis.
Documentation must be provided that describes how the individuals meet the specifications
for these job titles. E
• All personnel, organizational changes,and standard operating procedures will be provided
to the SBPD and the CODIS laboratory as required to maintain compliance for upload as
deemed by the FBI's Quality Assurance Standards. `t
• Bode shall maintain written guidelines for STR interpretation,evidence handling,tracking,
sample preservation, database management and security.
• Bode shall supply documentation to the SBPD RDIS contract manager of any corrective
action reports generated by the Vendor's Quality Assurance Officer that affect SBPD
analysis throughout the contract.
• Bode shall maintain strict policies to protect the confidentiality of case information and data.
At hire, Bode employees are required to sign a non-disclosure agreement stating that all
information that they may have access to may not be disclosed to any unauthorized party.
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5.Lb
Exhibit A
Given the irreplaceable nature and confidentiality of the samples, it is critical to eliminate
opportunities for loss or switching of samples. Bode will be responsible for providing the
following:
(a)The laboratory, and each analyst performing DNA analysis at the laboratory, shall undergo
external proficiency testing by a proficiency testing program that meets the standards issued under
the Federal Bureau of Investigation Quality Assurance Standards. Bode must report to SBPD any
discrepancies/errors and the corrective actions put into place to ensure that previous casework
performed by the analyst and future casework performed by the analyst does not exhibit the
discrepancies/errors seen in the proficiency test.
(b)A Class I error,as defined by ASCLD/LAB,on a proficiency test may be grounds for immediate
termination of this contract upon written notification by the SBPD procurement.
(c) California's DNA Act specifically contains stringent use and disclosure restrictions and
confidentiality protections for DNA samples and profile information. (See e.g.,Cal. Pen. Code, §
299.5.) In addition, any individual who uses a sample or DNA profile for any purpose other than cn
criminal identification, or the identification of missing persons,or who discloses the sample or DNA N
profile to an unauthorized person, faces "imprisonment in the state prison." (§ 299.5 sub. (i)(1)(A).
The Vendor will be provided a copy of this statute upon request and will certify that: R
They have notified their personnel of the potential for criminal penalties should they inappropriately o
release information.Any outside inquiries related to the processing of SBPD RDIS samples shall be Z
immediately reported to SBPD.No information regarding the processing of SBPD RDIS samples
shall be provided without prior written approval by SBPD.
(d) They have returned all data and samples to the SBPD prior to completion of the contract period
with the exception of extracted and amplified DNA. M
M
DNA Analysis E
BodeHITS/RDIS Deliverables a,
BodeHITS is local DNA database program that includes DNA analysis services and software for law co
enforcement agencies to develop local or regional DNA databases. Modifications to the standard
program deliverables will result in additional charges as defined in the Financial Proposal. As a part E
of BodeHITS,Bode will deliver: U
• Remote hosted Web-based Case Management software for sample documentation,batching Q
and management. Web-based software does not display DNA profiles; it does display DNA
results in pre-defined categories including Full-Profile,Partial Profile and Mixtures.
• Bode managed DNA database software (not accessed by SBPD)where Bode will store and
manage DNA profiles and report HITS between sample profiles.
• Automatic updates in software when there are HITS in the database.
• Bode shall agree to begin analysis and entry of SBPD-RDIS samples within 30 days of
contract award unless modifications from the standard BodeHITS program defined herein
are required.
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5.I.b
Exhibit A
o Bode's laboratory must be capable of beginning analysis within 30 days of award of the
contract. Samples shall only be tested at the Vendor's laboratory location approved by
SBPD. Bode shall not sub-contract SBPD RDIS samples to any other laboratory.
• Bode must be capable of handling a batch size of 100-500 samples per month.
• Bode must have the ability to produce a turnaround time for a batch of database samples
within 30 calendar days of receiving the samples.
• Bode shall receive and return samples(AT BODE'S EXPENSE) in quantities and at
intervals agreed upon in writing by the SBPD and Bode, as long as the agreement permits
the completion of analysis within the time frame of this contract. The acceptable mode of
shipping must provide proper conditions to protect the integrity of the samples, safeguard
the chain of custody, and assure prompt turn around. The shipper must guarantee the ability
to track all shipments.
• Bode shall notify the SBPD Contract Manager if the samples appear to be damaged during
the shipping or if the sample identifiers do not match the shipping manifest. Bode will notify
SBPD if integrity of any sample has been compromised. Reject samples shall be
acknowledge with written permission from the SBPD.
o Bode shall identify the samples throughout the testing process with the SBPD RDIS unique
identification number or the number provided to the Vendor on the manifest list.
• If samples need to be retested they can be pulled from their original batch for retesting,but 2
shall remain with the original batch for return to the SBPD. Under extreme circumstances, o
samples that cannot be returned with their original batch must be included with the Q
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following batch returned to the SBPD. All reporting documents(electronic and hard copy)
shall have samples identified by SBPD RDIS numbers. r
• Procedural changes affecting the SBPD RDIS sample processing shall not be implemented
unless approved in writing by the SBPD ten working days prior to the processing of the M
sample. Bode shall provide documentation for these changes to the SBPD. The use of in- M
house and other proprietary primer sets, or other commercially available kits for the loci
requested IS NOT ACCEPTABLE.
• If need be,the entire sample may be consumed by Bode.
• For reference material defined as database samples,a sample punch shall be automated and
validated for use. Manual sample punching can be done for samples requiring retesting.If E
manual punching is performed by Bode, Bode shall supply proper documentation. SBPD
understands that the procedures used for any repeat testing of the samples may differ from a
the original procedure in order to enhance the likelihood of obtaining a complete profile.
These procedures shall be validated and contained in the Vendor's approved procedures and
protocols. Samples undergoing repeat analysis with a different protocol than was originally
used shall be flagged on the worksheet(s)with notations regarding the changes and why they
were implemented. Sample punches will only be done on reference samples submitted on
either the Bode Buccal DNA Collector or FTA cards.
• Controls shall be associated with every sample. Each sample used in reporting shall have an
acceptable reagent blank,amplification positive, and amplification negative. Controls shall
be dispersed throughout a plate of samples. If a sample is repeated,then all controls
associated with that sample shall also be repeated when specified by Bode's standard
a
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Exhibit A
operating procedures. Controls shall be directly associated (same GMID data file)with their
corresponding samples.
(a)The amplification positive shall be 9947A and it will be considered acceptable when the
correct alleles are produced. The Vendor may run multiple positive controls for a sample but
if this is done a complete profile must be obtained for each positive control.
(b)The amplification negative shall be considered acceptable when it demonstrates no true
alleles(peaks).
(c)The reagent blank shall be introduced during the extraction procedures. It shall be
considered acceptable when it demonstrates no true alleles.
(d)The ladders shall be considered acceptable when all appropriate alleles are present and
correctly labeled.
• All reported profiles shall be interpreted in duplicate independently by qualified analysts.
All profiles shall be reported accurately. The use of expert systems in place of qualified
analysts must be approved in writing by the SBPD prior to implementation. Upon approval,
some of the data presentation parameters may be modified to ensure proper allele calls.
• Bode MUST have a mechanism in place to avoid sample switching. Any potential sample
switches determined by SBPD Quality Control procedures will result in the entire batch
being repeated. A second occurrence of an error of this type may result in termination of the N
contract. Data generated by Bode analyzed by two independent analysts to verify profile
integrity. The lead analyst will determine if further processing is necessary to produce a
suitable profile(i.e. re-loading or re-amping). The lead analyst will upload the most °
complete profile, which may include pulling a major component, into BodeLIMS (an o
internal laboratory information management system)and provide a category of result(i.e.
full profile,mixed profile). The technical reviewer will review the profile and assigned T
category in BodeLIMS. When the technical reviewer has completed review,the category of M
result for each approved sample will automatically transfer to the BodeHITS Case
Management Software during a scheduled sync phase. Once the profile is synced,the M
agency will automatically be notified if any HITS were generated. HITS are defined by
Bode as a part of the standard BodeHITS operations. Bode will also provide a batch report
that will list the category of profile that has been uploaded to the BodeHITS database. This
will allow for quick reference to determine which samples produced searchable results;the
batch report does not contain statistical comparisons. E
• Prior to reporting a profile, Bode shall perform a contamination quality assurance check by
electronically comparing the reported profile to a database of employee and contamination Q
profiles observed in the Contract laboratory and samples within the same processing batch.
Printed or written documentation initialed by the reviewer that these checks were performed
successfully must be provided to the SBPD upon return of the completed batch in the event
a CODIS Packet is requested.
e Bode shall return all submitted items(AT BODE'S EXPENSE), sealed in their original
containers to SBPD. An acceptable mode of transportation is one that provides proper
ambient conditions to protect the integrity of the samples, safeguards the chain of custody,
and assures prompt turn-around. Remaining samples shall be returned to SBPD after results
for that batch have been accepted and no repeat analysis is needed. This acceptance will be
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Exhibit A
conveyed in writing to the Bode from the SBPD Contract Manager. Bode will provide a list
of samples in each batch completed along with an invoice for approval of payment.
• Bode shall agree to provide testimony in legal actions, if needed, subsequent to a match
being made between an unsolved casework DNA profile and one of the database samples
analyzed by the Bode. Such testimony could be either onsite or by remote video expert
witness testimony when approved by the corresponding court. Bode's testimony must be
provided by either the reporting analyst, a reviewer of the data involved in the match,the
DNA Technical Leader, or other qualified analyst. If it is necessary for any Contract
personnel to provide a deposition or testimony, Bode will be paid for each person authorized
by the Contract Manager. Bode will be paid the hourly rate and/or daily rate specified in its
Financial Proposal, or a prorated portion thereof rounded off in 15-minute increments,for
each hour or increment,that each authorized person spends preparing for and/or providing
the actual deposition or testimony.Each authorized person must document the nature and
rationale for any billable preparation time,to the satisfaction of the Contract Manager. Bode
will also be paid the hourly rate, or prorated portion thereof,for all time spent by each
authorized person traveling within California to attend a deposition, hearing or court session.
Bode's testimony shall be a fixed rate and may not be subjected to additional costs. in
• Chain of custody is a paramount concern to SBPD. Bode's personnel shall verify receipt of
all shipments and maintain a proper chain of custody of all samples. Bode shall maintain
SBPD RDIS identification numbers in addition to Bode generated identification numbers. o
• Samples shall be stored in a proper manner while at Bode to prevent loss, cross transfer, Q
contamination and/or deleterious change. o
• Extracted and amplified DNA samples shall be retained by Bode until the end of the
contract period or a mutually agreed upon period,for any additional testing, if needed. At M
the end of the contract,the extracted and amplified DNA will be discarded by Bode.A
certified letter must be sent to the SBPD Contract Manager when this is completed.
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• Bode will certify prior to completion of the contract that it retains no data or samples from r
the SBPD RDIS in their laboratory either physically or electronically. E
DNA Analysis d
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CODIS Deliverables
On occasion the SBPD may require a sample to upload into the CODIS database.All terms Q
citing a CODIS lab will be agreed upon in a separate Memorandum of Understanding between
Bode and a CODIS lab. The CODIS lab will be mutually agreed upon by Bode and SBPD. All
financial transactions involving the CODIS lab under this Services Agreement are at the expense
of SBPD.
Prior to batch submission, SBPD must notify Bode. SBPD must also obtain approval from a
CODIS lab to review and upload those results to CODIS. Upon approval, Bode will begin
sample analysis. It is understood that for a sample to be reviewed by a CODIS lab,a CODIS
Packet must be purchased by the SBPD. All of the BodeHiTS deliverables and requirements
apply to CODIS deliverables,plus the following:
• The data analysis technical parameters and settings such as: minimum/maximum peak
height, and peak height ratio values, shall be agreed upon by the CODIS lab and Bode after
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5.I.b
Exhibit A
reviewing Bode's validated workflow prior to initiating testing of the first batch of samples.
Parameters will remain in place for all subsequent batches unless agreed upon in writing
between Bode and SBPD.
• The following data analysis parameters shall be followed:
(a)Microvariants and off-ladder alleles: Bode shall rerun(AT BODE'S EXPENSE)any
microvariant not included in the allelic ladder(to include virtual bins)to confirm.
(b) Spikes: Called spikes shall not be acceptable if they fall in an interfering position
affecting the sizing of a true allele or ladder.
(c)Tri-alleles shall be re-amplified and rerun(AT BODE'S EXPENSE)for verification.
(d)Called extraneous peaks shall not be acceptable in the allele calling region.
(e)No composite profiles shall be reported.
(f)Bode shall retest(AT BODE'S EXPENSE)any sample that the CODIS lab or SBPD
determines to be of poor quality(excessive pull-up or artifact observed,poor peak shape).
The SBPD will provide written communication of any rejected samples.
(g) Bode must notify SBPD Contract Monitor of any occurrences of items listed in a,b,or c
with the return of the batch.
With the purchase of a CODIS Packet, Bode will deliver a file of DNA analysis results that in
can be uploaded into CODIS. N
• Any results deemed by the CODIS lab or SBPD to not be suitable will be repeated(AT
BODE'S EXPENSE) until results are accepted by SBPD, or when SBPD agrees that the 2
sample is not sufficient to produce a profile. If need be,the entire sample can be consumed o
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by the Vendor. z
• Agencies can request additional report types. The CODIS packet is a complete report of °.
forensic analysis of a sample to upload to CODIS. The CODIS packet contains all data and r
all associated controls from failed samples shall be provided to the SBPD in a failed sample
report separate from the report generated for the samples that successfully produced DNA M
profiles. This data shall include,but not be limited to, GMID files and Excel files.
• In the CODIS Packet, all electropherograms shall have reported peaks labeled with the
appropriate allele call,the base pair value and the associated Relative Fluorescent Units in a,
one view. All should be labeled on electropherograms.
• Data packages from more than one batch may be returned at one time. Each data package
must be packaged separately. c
• If a CODIS Packet is requested,the following documentation shall be ELECTRONICALLY Y
provided with the reported profiles. Modifications will be allowed, however any subsequent a
changes to this format must be pre-approved in writing by SBPD.
(a) Copies of all completed extraction, quantitation (if applicable) and amplification
worksheets, load sheets,and data files for GMID.
(b)All data(both reported and not reported) shall be reported. The reported data should be
provided in a separate folder from the not reported data.
• If a CODIS Packet is requested,the following documentation shall be provided
electronically via email and via CD. Modifications will be allowed, however any subsequent
changes to this format must be pre-approved in writing by SBPD. All documentation
returned shall be properly labeled in accordance with American Society of Crime
Laboratory Directors/Laboratory Accreditation Board(ASCLD/LAB) standards.
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Exhibit A
(a)Documentation describing the sample history including which run the sample was in,
which run the sample was reported from,the specimen ID,profile and reviews e All
samples shall be in numerical order of Database Number.
(b) Reports of confirmed unusual profiles such as imbalance,microvariants,and tri-alleles.
(c) Chain of Custody.
(d)List of samples that failed to generate a DNA profile.
• If a CODIS Packet is requested, data packages shall contain complete profiles and be
shipped to SBPD using an overnight carrier. The SBPD shall be notified via email when a
data package has been shipped along with the shipment tracking information.
DNA Database/Case Management System
Bode will provide remote hosted case management software and services accessible by
secure internet connection utilizing a secure login including user name, and password.
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2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the SBPD, upon presentation of an invoice, shall in
pay Bode up to the amount of$150,000 annually. Bode will invoice SBPD monthly N
for services performed with payment due 30 days from invoice. All services will be
billed at the rates set in Attachment "I" attached hereto and incorporated by o
reference. d
b. No other expenditures made by Bode shall be reimbursed by SBPD. Z
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3. TERM; TERMINATION. M
The term of this agreement shall be from March 1, 2015 through June 30,2016 plus three
(3)single-year renewal options, for City's partial requirements,on an as-needed basis,with no
guaranteed usage.
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Option year two, if exercised, shall be effective July 1, 2016 through June 30, 2017. R
Option year three, if exercised, shall be effective July 1, 2017 through June 30,2018.
Option year four, if exercised, shall be effective July 1,2018 through June 30,2019. E
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This Agreement may be terminated at any time by thirty(30)days' written notice by either party. a
The terms of this Agreement shall remain in force unless mutually amended. The duration of
this Agreement may be extended with the written consent of both parties.
3. INDEMNITY.
Bode agrees to and shall indemnify and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Bode, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
s
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Exhibit A
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Bode agrees to protect and defend at its own
expense, including reasonable attorney's fees,the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Bode hereby waives any and all rights to any types of express or implied indemnity
against the City, its elected officials, employees, agents or representatives, with respect to third
party claims against the Bode relating to or in any way connected with the accomplishment of
the work or performance of services under this Agreement.
4. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement, Bode
shall maintain in effect policies of comprehensive public, general and automobile liability
insurance, in the amount of $1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies with the City's Risk Manager prior
to undertaking any work under this Agreement. City shall be set forth as an additional named
insured in each policy of insurance provided hereunder. The Certificate of Insurance furnished
to the City shall require the insurer to notify City at least 30 days prior to any change in or n
termination of the policy.
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5. NON-DISCRIMINATION. o
In the performance of this Agreement and in the hiring and recruitment of employees, z
Bode shall not engage in, nor permit its officers, employees or agents to engage in, o
discrimination in employment of persons because of their race, religion, color, national origin, r
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
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6. INDEPENDENT CONTRACTOR. E
Bode shall perform work tasks provided by this Agreement, but for all intents and
purposes Bode shall be an independent contractor and not an agent or employee of the City. y
Bode shall secure, at its expense, and be responsible for any and all payment of Income Tax,
Social Security, State Disability Insurance Compensation, Unemployment Compensation, and
other payroll deductions for Bode and its officers, agents, and employees, and all business
license, if any are required, in connection with the services to be performed hereunder. a
7. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
Bode warrants that it possesses or shall obtain prior to execution of this Agreement, and
maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and any
other licenses, permits, qualifications, insurance and approval of whatever nature that are legally
required of Bode to practice its business or profession.
8. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service,postage prepaid and addressed as follows:
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Exhibit A
TO THE CITY: TO THE VENDOR:
Captain Ron Maass Angie Miller, Contract Manager
710 North"D" Street Laboratory Corporation of America
San Bernardino, CA 92418 1440 York Court Burlington,NC 27215
Telephone: (909) 384-5606 Telephone: (336) 436-7355
9. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions N
hereof. The costs, salary and expenses of the City Attorney and members of his office in 2
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
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purposes of this paragraph.
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10. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or o
encumber all or any part of the Bode's interest in this Agreement without City's prior written Q
consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall o
constitute a breach of this Agreement and cause for the termination of this Agreement. M
Regardless of City's consent,no subletting or assignment shall release Bode of Bode's obligation M
to perform all other obligations to be performed by Bode hereunder for the term of this M
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Agreement.
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11. VENUE. M
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California, E
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature. a
12. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
13. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs,representatives, successors, and assigns.
14. HEADINGS.
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S.Lb
Exhibit A
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
15. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect.
16. REMEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of either party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless
such waiver shall be in writing and signed by the party against whom enforcement is sought. n
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17. ENTIRE AGREEMENT; MODIFICATION. 2
This Agreement constitutes the entire agreement and the understanding between the o
parties, and supersedes any prior agreements and understandings relating to the subject matter of Q
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this Agreement. This Agreement may be modified or amended only by a written instrument o
executed by all parties to this Agreement. r
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VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN Exhibit A
BERNARDINO AND BODE TECHNOLOGY GROUP, INC. FOR
DNA ANALYSIS AND DATABASE STORAGE
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: 52015 Bode Technology
By:
Angie Miller, Contract Manager
as
Its: `o
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Dated , 2015 CITY OF SAN BERNARDINO z
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By:
Allen Parker, City Manager M
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Approved as to Form: a+
Gary D. Saenz, City Attorney
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B /1 a ter-- r
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Exhibit A
Attachment 1::Financial Pro osal
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Item Name DeseriptlOn Price i
BodeHITS DNA Analysis-Large 3, yTAT DNA Analysis for samples $�5/swab
Batch sulstied on
51Sb/e44bence item non-swab
• SSvatis(Any kind of swab)
• tvidentiary Item(Le.cigarette butt,
1�a care, Etc) $195/evidence item containing
Batch of at least 50 samples possible semen
(s0+reference/known samples or 50t
evidence/unknown samples) s. �•
SodeHITS DNA Analysis-Small i 30-Day TAT DNA Analysis for $105/swab
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B tch samples submitted on i.
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• S wabs(Any kind of swab} $ io%4vid6fibOWK(n6 .=swab};'.:
Evidentiary Item(i.e.cigarette butt,." --
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hat;can,etc:) ; ._ , $245/evidence- em conteiiiing
Batch of Z to 49 samples l possible semen
(15-49 reference/known samples or N
15-49 evidence/unknown samples) d
S3 0a $fVk
Additional Q/samte m
DNA Analysis-RUSH ;; �ttif ne uii tit7'ie p 3
(availability must be confirmed 5-dayturn.3i ound :imp Additional $900/sample 's
cc
with Bode prior to submitting) Q dayturnaround time Additional $750/sample x p
15-day turnaround time Additional $5130/sample � Q
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20-day turnaround time . Additional $3517/sample p
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Description ' Price
Item Name r.
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CODIS Packet Epload ay turnaround time for complete $245 ti
rt of forensic analysis of a sample
to CODIS. ;( `E
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HIT Report Detailed report of HITS including Bode 1, $145 ? c
# HIT statistics as applicable p J „
pp 1
p"
ert WitnessTestimony-Onsite On-site Expert Witness Testimony" $72p0 First day s 44
$1900-Each additional day
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Plus travel expenses Q
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Expert Witness Testimony- Remote Video Expert Witness I $250/hour §
Video/Remote
P
rice
Item Name Description � ,�.,,,
Y-STRDNAAnalysis
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5.I.b
Exhibit A
595/reference sample
..:.,....... code from extract 1
"5
MiniSTR Analysis MiniSTR testing of non-batch samples $995/evidence s 1 plr'
. $795/reference sat- ple
$595 from Bodo ext,acf
Mitochondrial DNA Analysis Mitochondrial DNA testing of non batch $1800Jev+dence sample
samples $1200/reference sample
...
Price
1
Description
Item Name _
_ .............. :......_ h bs r�BodeHITS Set-UP t1 . :su
;n
• YQ�rAC� >5 �BOdPHITS (InCIGdeS i + r v t s 5 Ui
p BOdeHlis t dSe` ane, , ent SYstCm �a,x, hh4 �E.}sl y[1 it,+.: I
t; ..",.e`'.1't,..',f:�r„ �c-i1.�-.a�.Yy y::., ^n:�i„a1'; +�
P access,and QNA D;ita base
management services) ;'+'.?:,fiw ',r'•<xi} to
°i,�`'Crux�1s'r'J CD
• Single Agency Account Access r 4 q t +lx�a;wY�c �X 5�1,"� „ Cn
• 100 Dedicated Licenses °
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• Onsite user Training
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_.._:.._
• 2$0 8odeHlTS Barcodes
_... ;
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BodeHITS Subscription BodeHITS subscription package includes $0 or$10,000*. zz
the following:
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Annual Subscription Fee must be 1 • 1 Year BodeHITS Software
renewed to maintain access to Subscription 1 ch
BodeHITS software. s • Single Agency Account Access i M
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BodeHITS Barcode Labels i id tt h 113adeHITS Barcode Labe s
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'. Al ✓S M; l r c a i+
_.::� ack of S0) u 3 v...,.,,_. ,.
Custom Subm.ission Envelopes t Three custom envelopes will be $100
(optional) } developed to collect and document €
Known,Presumed Known and.Evidence I
Samples.
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(case of 500)
Custom Software Development Oust¢ soft'Ore develo rttent includes $225 per hear Q
(optional) analysis, development,testing,delivery
and support.
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development tlopf additional Include
y
p features and
functionality or delivery of software to
be:hosted.at Clients site _.
*$0 Annual Subscription is valid with a minimum of 1,000 samples submitted per year. If,on the
anniversary of the contract effective date,fewer than 1,000 samples have been submitted in the
previous year,the Client will be invoiced for the$10,000 Annual Subscription Fee.
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