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OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
Introduced by Councilmember ___________________
A RESOLUTION: (1) AUTHORIZING THE CITY ADMINISTRATOR TO
ACCEPT AND APPROPRIATE GRANT FUNDS IN AN AMOUNT NOT
TO EXCEED THREE HUNDRED THIRTY-ONE THOUSAND THREE
HUNDRED EIGHTY-SEVEN DOLLARS ($331,387) FROM THE U.S.
DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS,
BUREAU OF JUSTICE ASSISTANCE FOR IMPLEMENTATION OF THE
FY (FISCAL YEAR) 2023 DNA CAPACITY ENHANCEMENT FOR
BACKLOG REDUCTION (CEBR) PROGRAM FOR THE OAKLAND
POLICE DEPARTMENT (OPD); AND
(2) WAIVING THE CITY’S ADVERTISING AND COMPETITIVE BIDDING
REQUIREMENTS FOR AND AUTHORIZING THE PURCHASES OF THE
FOLLOWING DNA TYPING SUPPLIES AND EQUIPMENT: (A) QIAGEN
FOR SIXTY-THREE THOUSAND TWO HUNDRED DOLLARS
($63,200), (B) PROMEGA FOR ONE HUNDRED THIRTY-THREE
THOUSAND FOUR HUNDRED SEVENTY-FOUR DOLLARS
($133,474), (C) THERMO FISHER SCIENTIFIC/LIFE TECHNOLOGIES
FOR THIRTY-EIGHT THOUSAND TWO HUNDRED EIGHTEEN
DOLLARS ($38,218), (D) NICHEVISION FOR THIRTY-ONE THOUSAND FIVE HUNDRED NINETY-THREE DOLLARS ($31,593),
AND (E) HAMILTON OR PROMEGA FOR FIFTY-FIVE THOUSAND
DOLLARS ($55,000)
WHEREAS, the advent of Deoxyribonucleic Acid (DNA) technology and automation equipment has revolutionized law enforcement’s ability to analyze biological evidence at a genetic level; and
WHEREAS, the DNA Capacity Enhancement for Backlog Reduction (CEBR) Program was created by the U.S. Department of Justice, Office of Justice Program, Bureau of Justice Assistance (DOJ/OJP/BIJ) to assist laboratories that conduct DNA analysis with a goal of improving DNA laboratory infrastructure and analysis capacity so that DNA samples can be processed efficiently and effectively; and
WHEREAS, the DNA CEBR Program was created to assist laboratories in increasing DNA typing capacity and reducing the number of cases in their backlog in which DNA analyses may be conducted on biological evidence; and Approved as to Form and Legality
City Attorney
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WHEREAS, grant funds in an amount not to exceed $331,387, awarded by DOJ/OJP/BIJ to the Oakland Police Department (OPD) will be applied to Fiscal Year 2023 implementation of the DNA Capacity Enhancement for Backlog Reduction Program; and
WHEREAS, the funds will be allocated to purchase equipment, staff required training, and purchase laboratory-validated DNA typing reagents and supplies; and
WHEREAS, a list of technologies was introduced by the Crime Lab to the Privacy Advisory Commission (PAC) where both a Surveillance Impact Report and a Biometric Technology Use Policy for DNA Instrumentation and Analysis Software were provided to and recommended by the PAC in accordance with Resolution 88262 (07/28/20) and Resolution 88380 (11/10/20); and
WHEREAS, the OPD Criminalistics Division must use and maintain rigorously validated DNA typing reagents and instruments from specific vendors because purchasing DNA supplies from vendors other than those who manufacture DNA kits or instruments not currently used by the crime lab would not be acceptable as the OPD Forensic Biology Unit has not validated their use and hence would violate the Federal Bureau of Investigation (FBI) DNA Quality Assurance Standards (QAS); and
WHEREAS, Oakland Municipal Code (OMC) Section 2.04.050.1.5 authorizes the City Council to waive the advertising and competitive bidding requirements of OMC Section 2.04.050 after finding and determining that it is in the best interests of the City to do so; and
WHEREAS, the proposed initiative grant term has a performance start date of October 1, 2023, and end date of September 30, 2025, a 24-month duration; and
WHEREAS, the City Council previously authorized acceptance of similar grant funds by Resolution No. 89459 C.M.S., dated November 1, 2022, Resolution No. 89011 C.M.S., dated February 1, 2022, Resolution No. 88358 C.M.S., dated November 10, 2020, Resolution No. 87996 C.M.S., dated January 21, 2020, Resolution No. 87429 C.M.S., dated November 1, 2018, Resolution No. 87428 C.M.S., dated September 27, 2018, Resolution No. 86982 C.M.S., dated November 2, 2017, Resolution No. 86532 C.M.S., dated November 22, 2016,Resolution No. 85899 C.M.S., dated November 17, 2015, Resolution No. 85223 C.M.S., dated October 21, 2014, Resolution No. 84686 C.M.S., dated November 5, 2013, Resolution No. 84041 C.M.S., dated October 2, 2012; Resolution No. 83672 C.M.S., dated December 15, 2011; Resolution No. 83030 C.M.S., dated October 19, 2010; Resolution No. 82291 C.M.S., dated September 22, 2009; Resolution No. 81624 C.M.S., dated October 21, 2008; Resolution No.80869 C.M.S., dated October 2, 2007; and Resolution No. 80129 C.M.S., dated September 19, 2006; Resolution No. 79534 C.M.S., dated October 18, 2005 and Resolution No. 78909 C.M.S., dated November 16, 2004; and
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WHEREAS, staff recommends that the City Council make a finding and a determination that it is in the best interests of the City to waive advertising and bidding processes because purchasing DNA supplies and equipment from vendors other than those who manufacture DNA kits and equipment currently used by the Crime Laboratory would not be effective as other DNA supplies and instruments from other vendors have not been validated for use; now, therefore be it
RESOLVED: That the City Council hereby authorizes the City Administrator, or designee, to accept and appropriate grant funds in an amount not to exceed $331,387 from the DOJ/OJP/BIJ and to increase revenues and appropriate said budget to OPD; and be it
FURTHER RESOLVED: That said grant funds, in an amount not to exceed $331,387, shall be appropriated in the Federal Grant Fund to be determined, Criminalistics Division Org. (102610), Criminalistics Division Program (PS05), in a Project Number to be determined; and be it
FURTHER RESOLVED: That said grant funds shall be used purchase one robotic liquid handler and peripheral components; and be it
FURTHER RESOLVED: That said grant funds shall be used to fund DNA training courses, and purchase laboratory-validated DNA typing reagents utilized in the examination of biological material; and be it
FURTHER RESOLVED: That the City Council finds and determines that pursuant to OMC Section 2.04.050.1.5 and based upon the reasons stated above and in the City Administrator's report accompanying this resolution, that it is in the best interests of the City to waive the advertising and competitive bidding requirements of the OMC for the purchases of a robotic liquid handler for $55,000 from Hamilton or Promega, and DNA typing supplies from Qiagen for $63,200, Promega for $133,747, and Thermo Fisher Scientific/Life Technologies for $38,218, and software upgrade and maintenance for $31,593 from NicheVision, and instrument performance maintenance for $27,000 from Thermo Fisher Scientific; and be it
FURTHER RESOLVED: that the Department continues to be in compliance with O.M.C 9.64.030 2 regarding DNA technology by virtue of the Department providing to the Privacy Advisory Commission (PAC) a list of all DNA technology used by the Crime Lab included in the Impact Statements and Use Policies which were both approved by Council in Resolution 88388 on December 1, 2020; and be it
FURTHER RESOLVED: the Department is prohibited from purchasing any new equipment or software that may be considered surveillance technology for use by the Crime Lab or that contains any new capabilities or features beyond the existing technology in the Crime Lab’s possession as of November 2020, and that this proposal does not contain any technology which has a new capability or feature; and be it -4-
FURTHER RESOLVED: That the City Administrator, or designee, is hereby authorized to complete all required negotiations, certifications, assurances, agreements and documentation required to accept, modify, extend and/or amend the grant award; and be it
FURTHER RESOLVED: That any agreement authorized by this resolution shall be reviewed and approved by the Office of the City Attorney for form and legality prior to execution, and a copy shall be placed on file with the City Clerk.
IN COUNCIL, OAKLAND, CALIFORNIA, __________________________________
PASSED BY THE FOLLOWING VOTE:
AYES – KAPLAN, KALB, FIFE, RAMACHANDRAN, GALLO, JENKINS, REID, and PRESIDENT BAS
NOES -
ABSENT -
ABSTENTION -
ATTEST: ______________________________
Asha Reed
City Clerk and Clerk of the Council
of the City of Oakland, California