=================== FINANCIAL RESOLUTION R PAGE: 1OF2 BY: 2017 FUND: NI A FILE NUMBER: MEETING DATE: 01/24/2017 ITEM NUMBER:

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5 FINANCIAL RESOLUTION R PAGE: 1OF2 FILE NUMBER: NI A MEETING DATE: 01/24/2017 ITEM NUMBER: ~~~~~~~~- 19 BY: 2017 FUND: The increase (decrease) in anticipated revenue, as follows: Informational ,830 ORGTOTAL $835,830 ORGTOTAL $0 GRAND TOTAL ANTICIPATED REVENUE $835,830 =================== The increase (decrease) in appropriations, as follows: Informational ,830 ORGTOTAL $835,830 ORGTOTAL GRAND TOTAL APPROPRIATION $0 $835,830

6 THE FOREGOING was PASSED and ADOPTED by a majority vote of the Alameda County Board of Supervisors this 24th day of January, 2017, to wit: AYES: NOES: Supervisors: Carson, Haggerty, Valle & President Chan-4 None EXCUSED: Supervisor Miley - 1 ' PRESIDENT, BOARD OF SUPERVISORS File No: Agenda No_: 1_9 Document No: R F..;..._ ~ I certify that the foregoing is a correct copy of a Resolution adopted by the Board of Supervisors, Alameda County, State of California ATTEST: Clerk of the Board Board of Supervisors 0~ J By: - --~-~\/~~----- Deputy I v:lagenda\fonns\resobak.doc

7 Master Contract No FIRST AMENDMENT TO AGREEMENT This First Amendment to Agreement ("First Amendment") is made by the County of Alameda ("County") and Bode Cellmark Forensics, Inc., ("Contractor") with respect to that certain agreement entered by them on Febrnary 9, 2016 (referred to herein as the "Contract") pursuant to which Contractor provides deoxyribonucleic acid testing and analysis services to County. County and Contractor agree as follows: 1. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, County and Contractor agree to amend the Agreement in the following respects: 2. Except as otherwise stated in this First Amendment, the terms and provisions of this Amendment will be effective as of the date this First Amendment is executed by the County ("Effective Date"). 3. In consideration for Contractor's additional services, the County shall pay Contractor in an additional amount not to exceed Six Hundred Seventy-One Thousand Eight Hundred Seventy-Five dollars ($671,875). As a result of these additional services the not to exceed amount has increased from Two Hundred Fifty Thousand dollars ($250,000) to Nine Hundred Twenty-One Thousand Eight Hundred Seventy-Five dollars ($921,875) over the term of the Agreement and any amendments. 4. Item 13 of the Standard Services Agreement has been amended as follows: To County: COUNTY OF ALAMEDA Alameda County Sheriffs Office Eden Township Station Foothill Boulevard Page 1of4

8 San Leandro, CA Attn: Lieutenant Emmanuel Christy AND Master Contract No COUNTY OF ALAMEDA Alameda County District Attorney' s Office 1225 Fallon Street, 9th Floor Oakland, CA Attn: Jason Chin To Contractor: Bode Cellmark Forensics, Inc Furnace Road, Suite 107 Lorton, VA Attn: Contracts Department 5. Item 20 of the Standard Services Agreement has been amended as follows: TERMINATION: The County has and reserves the right to suspend, terminate or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate or suspend the Contractor's work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its deoxyribonucleic acid testing and analysis services shall not exceed $921,875 payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment. 6. A Revised Exhibit A, Definition of Services, is attached to this Amendment. 7. A Revised Exhibit A-1, Specific Requirements and Deliverables, is attached to this Amendment. 8. A Revised Exhibit A-2, Description of Services, is attached to this Amendment. Page 2 of 4

9 Master Contract No A Revised Exhibit A-3, Implementation Plan and Schedule, is attached to this Amendment. 10. A Revised Exhibit B, Payment Terms, is attached to this Amendment. 11. DEBARMENT AND SUSPENSION CERTIFICATION: a. By signing this First Amendment and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) , 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR and Executive Order b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency; (2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction. 12. Except as expressly modified by this First Amendment, all of the terms and conditions of the Contract are and remain in full force and effect. Page 3 of 4

10 Master Contract No IN WITNESS WHEREOF, the parties hereto have executed this Amendment to the Agreement as of the day and year first above written. COUNTY OF ALAMEDA BODE CELLMARK FORENSICS, INC. Signature Name: John Glann ---~'"-=-='---=-"-'-==----~ (Printed) Name: \')~ C.0s- \.O\ Q (Printed) Title: P_u_r_ch_a_s_in_...g~A_._.g_en_t Title: GQ~S ~ ~o.0~ ' Date:_S--+-- / _l o J l ] Date: 3 /Cn/\I By signing above, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement. Page-4 of 4

11 REVISED EXHIBIT A DEFINITION OF SERVICES Master Contract No Except as expressly modified by this Exhibit A, all of the terms and conditions of the original Exhibit A - Definition of Services are and remain in full force and effect. 2. Contractor project team will consist of the following Key Personnel and subcontractors, as applicable during the contract term: Name: Meghan Clement Deanna Lankford Stephanie Sivak Poonam Srihari Catharine Roller Brian Adams Jennifer Fienup Shannon Weitz Cheron Maxwell Christine Nash Jaclyn Benjamin Kristiana Kuehnert Elena Bemelmans Nicole Miulli Dywayne Martin Title and Role: Director, Forensic Lab Operations Technical Review Director, Forensic Casework STRJY-STR Analysis and Technical Review Technical Leader, Forensic Operations Training Program Manager SR DNA Analyst/Supervisor STRJY-STRAnalysis and Technical Review SR FB-DNA Analyst/Supervisor Serology, STR/Y-STR Analysis and Technical Review Quality Manager STR Analysis and Technical Review DNA Analyst STR Analysis and Technical Review DNA Reference Analyst STR/Y-STR Analysis DNA Analyst STRJY-STR Analysis FB-DNA Analyst Serology and STR Analysis DNA Analyst STRJY-STR Analysis DNA Analyst STR Analysis FB Analyst Serology FB Analyst Serology Revised Exhibit A Page I of2 ' '

12 Master Contract No Name: Lyndsey Brown Dante Webb. Laura Wilson Ashlee Webb Adrienne Borges Caroline Chen Adrienne Barranco Title and Role: DNA Technologist Lab Support DNA Analyst IT STR Analysis DNA Analyst IT STR Analysis SR DNA Analyst Technical Review mtdna Technical Leader STR/mini-STR/Mitochondrial DNA Analysis DNA Analyst III STR/mini-STR/Mitochondrial DNA Analysis DNA Analyst II STR/mini-STR/Mitochondrial DNA Analysis Revised Exhibit A Page 2 of2

13 Master Contract No EXHIBIT A-1 SPECIFIC REQUIREMENTS AND DELIVERABLES 1. Except as expressly modified by this Exhibit A-1, all of the terms and conditions of the original Exhibit A-1 - Specific Requirements and Deliverables are and remain in full force and effect. 2. Contractor shall also provide services to the District Attorney's Office (DA), in addition to the services already being provided to the Alameda County Sheriffs Office (ACSO), per the Standard Service Agreement signed on February 9, 2016 and any other amendments. 3. Item l.j. of Exhibit A-1 has been modified as follows: Contractor shall have the capability of using the same amplification kits, which is currently "Globalfiler", as the ACSO crime laboratory. Contractor also has available most amplification kits in use across the United States, and can use these amplification kits, if required by the ACSO Crime Laboratory at a later date. Revised Exhibit A-1 Page l of 1 <

14 Master Contract No EXHIBIT A-2 DESCRIPTION OF SERVICES 1. Except as expressly modified by this Exhibit A-2, all of the terms and conditions of the original Exhibit A-2 - Description of Services are and remain in full force and effect. 2. Item 1 of Exhibit A-2 has been modified as follows: Laboratory Supervision: Contractor's organizational structure shall include a direct supervisor responsible for each group with the technical leader maintaining availability to assist analysts with any troubleshooting or challenging case testing plans. The customized casework group shall be managed by Supervisor Catharine Roller, who reports directly to Deanna Lankford, Director, Forensic Casework. Meghan Clement serves as the Laboratory Director. 3. Item 5 of Exhibit A-2 has been modified as follows: Short-Tandem Repeat (STR): Contractor offers STR testing with a range of commercial kits available in the United States. Contractor shall use an expandedlocus assay such as the AmpF/STR GlobalFiler kit and shall demonstrate success with all STR systems commonly utilized in the U.S. Contractor shall also use the AmpF/STR MiniFiler kit on degraded forensic samples, as necessary. Contractor shall validate assays that test over 24 loci for added discrimination value. Contractor shall meet the routine turnaround time for casework within 30 days. Rush processing is available for additional fees to include same-day DNA testing, and can provide five business day and 10 business day turnaround times. Expedited service requests should be arranged in advance with technical staff to ensure capacity. 4. Item 6 of Exhibit A-2 has been modified as follows: Y-Chromosome STR (Y-STR): Contractor shall use this test to provide results specific to male DNA that may be masked by female DNA. Contractor shall use the Promega PowerPlex Y23 system. 5. Item 7 of Exhibit A-2 has been modified as follows: Mitochondrial DNA Testing (mtdna): Contractor shall use this testing when very low amounts of DNA is present in samples such as hair and bone. Contractor Revised Exhibit A-2 Page I of2

15 Master Contract No shall test the control region of the mitochondria using primer sets for the entire region (~ 1, 100 base pairs), HVl/HVII or OSl-4 (~200 base pairs each). 6. Item 8 of Exhibit A-2 has been deleted. 7. Item 12 of Exhibit A-2 has been modified as follows: Extraction Improvements: Contractor shall use a more efficient extraction technique for sexual assault kits that would reduce laboratory processing time and review. A DNase based method may be used during the differential lysis step. This procedure can be automated, has the ability to reduce overall extraction time, and can create better separation of sperm cells and epithelial cells thus reducing time deducing profiles and analyzing mixtures. 8. Item 15 of Exhibit A-2 has been modified as follows: Quality Checks: Contractor shall use comprehensive software based quality assurance measures to identify any potential sample switches or contamination. The first measure follows CE injection and utilizes the GeneMapper ID-X. The program shall check for possible contamination within a tray by comparing STR profiles, including mixtures, to each other. Revised Exhibit A-2 Page 2 of2

16 Master Contract No EXHIBIT A-3 IMPLEMENTATION PLAN AND SCHEDULE 1. Except as expressly modified by this Exhibit A-3, all of the terms and conditions of the original Exhibit A-3 - Implementation Plan and Schedule are and remain in full force and effect. 2. Item 3 of Exhibit A-3 has been modified as follows: Shipment Receipt Chain of Custody Inventory and Manifest Reconciliation Extraction, all applicable samples (Robotic platforms: QIAsymphony, Biosprint, EZl) Quantification: Real-time PCR; Plexor HY or similar Analysis: GlobalFiler, PowerPlex Y23, Minifiler, mtdna primers, if requested Fragment Separation (3130xl) "' Reprocessing as necessary, i.e. re-extraction, re-amplification, re-injection, additional samples BodeMATCH (staff, contamination, and within shipment search) Statistical Analyses Reporting Cases Technical and Administrative Review Shipment Preparation and Delivery _.) "I ~ Revised Exhibit A-3 Page 1 of I

17 REVISED EXHIBIT B PAYMENT TERMS Master Contract No Procurem ent Contract No Except as expressly modified by this Exhibit B, all of the terms and conditions of the original Exhibit B - Payment Terms are and remain in full force and effect. 2. County will pay Contractor upon successful completion and acceptance of the following services listed below, within 30 days, upon receipt of invoice. # TEST TYPE STR 1. Reference Sample: ldentifiler la. Reference Sample: Globalfiler 2. Blood Unknown: Identifiler 2a. Blood Unknown: Globalfiler 3. Mixed Stain Unknown: Identifiler 3a. Mixed Stain Unknown: Globalfiler 4. Semen Unknown: Identifiler 4a. Semen Unknown: Globalfiler Y-STR 5. Reference Sample 6. Blood Unknown 7. Mixed Stain Unknown 8. Bone Unknown 9. Hair Unknown Minifiler 10. Reference Sample 11. Blood Unknown 12. Mixed Stain Unknown 13. Bone Unknown 14. Hair Unknown M itochondrial DNA (mtdna) 15. Reference Sample 16. Blood Unknown 17. Mixed Stain Unknown 18. Bone Unknown 19. Hair Unknown General Testing Sexual Assault Items Screening 20. (Fluids, tissue sample, etc.) Small Items Screening [swab] 21. (Blood, Semen, Saliva) Bulk/Large Items 22. (Bulk Clothing, Comforters, etc.) YEARl F lat Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ Revised Exhibit B Page I of2 YEAR2 Flat Fee YEAR3 Flat Fee $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $

18 Master Contract No ADDITIONAL FEES Other Fees Rush Fee (5 Day turnaround time) Express Processing Fee (10 Day turnaround time) DOLLAR AMOUNT N/A $ 1,000 per Sample $ 750 per Sample Cancellation Fee $ 250 Testimony Fee $ 1,900 per day + expenses 3. Invoices for the Alameda County District Attorney's Office will be reviewed for approval by the Alameda County District Attorney' s Office, at the following billing address: Alameda County District Attorney's Office 1225 Fallon Street, 9th Floor Oakland, CA Attn: Jason Chin 4. Total payment under the terms of this Agreement will not exceed the total amount of Nine Hundred Twenty-One Thousand Eight Hundred Seventy-Five dollars ($921,875). This cost includes all taxes and all other charges. Revised Exhibit B Page 2 of2

19 Master Contract No EXHIBITD COUNTY OF ALAMEDA DEBARMENT AND SUSPENSION CERTIFICATION The contractor, under penalty of perjury, certifies that, except as noted below, contractor, its principals, and any named or unnamed subcontractor: Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years; Does not have a proposed debarment pending; and Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years. If there are any exceptions to this certification, insert the exceptions in the following space. Exceptions will not necessary result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Standard Services Agreement. Signing this Standard Services Agreement on the signature portion thereof shall also constitute signature of this Certification. CONTRACTOR: _\6~o~d_J2 "'"'"-~C~.R. \\ ~6.~~~-XD~\. ~_(\, 5_._ f '~( s--.+- i -~J--_S\~C...~ / PRINCIPAL: )"\~Q_ C--a ~, o\ c-. TITLE: G.Q S'\t-S ' \ ~004~ ' SIGNATURE: ~--~~~ DATE: ~3~/_ln_/_\~:f~-- Exhibit D Page l of I

20 Procurement Contract and PO Creation Checklist t:i Contract Type: Board Letter ti Vendor Name and ID: BODE CELLMARK FORENSICS INC ti Increase (Adding District Attorney) ti Master Contract No.: ti Procurement Contract No. (if applicable): ti Contract Begin & Expiration Date: 03/01 / /28/2019 ti ti Organization No.: /Procurement Specialist: AC BUYER - Michael Anolin Requisition Order (Req No.) obtained from client: ti Total Contract Amount: $ 921,875 ti Vendor Awarded Amount (if multiple awarded vendors): $ ti Amendment Amount (if applicable): $ 671,875 ti tj tj tj tj If existing contract, current PO No. : Category (if unsure ask Procurement Specialist): LAB2 Client Department Contact Name: Nahid Aria DA Goods Only Contract? No Is Prime Vendor SLEB? No If No, please check one below: D SLEB Subcontractor o o o SLEB Name(s): Small : Percentage: Emerging: Percentage: [8J SLEB is Waived o OAP Waiver No.: 4573 o Federal Waiver No. : For Initial Creation of Procurement Contract: ti Authorization to Negotiate Contract DRAFT (attach) ti Exhibit C (attach) Board Letters Only - PC needs to be updated prior to Board Letter submission to CAO: ti Board Letter (attach) ti Updated Insurance Certificate and Additional Insured Page (attach) Once Contract is approved, attach the following documents for PC update: ti Board Letter and Board Letter Minute Order (attach); OR ti Recommendation to Award (attach) ti Updated Insurance Certificate and Additional Insured Page as needed (attach) ti Standard Services Agreement OR Amendment (attach) Contract Specialist: Ariana Figueroa PC Created/Updated By: Ariana Figueroa Page I of2 1"'1 / 1f'\ /""lf\1 c