APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
A RESOLUTION AMENDING RESOLUTION NO. 90183 C.M.S.,
WHICH AWARDED A CONTRACT TO SCHAEFER’S COLD
STORAGE FOR FROZEN STORAGE FACILITY USE FOR THE
PRESERVATION OF EVIDENCE FOR FIVE YEARS PLUS TWO ONE-
YEAR EXTENSIONS, TO CORRECT THE CONTRACT AMOUNT TO
AN AMOUNT NOT TO EXCEED $4,028,738.
WHEREAS, the City Council and residents of Oakland expect the Oakland Police Department (OPD) to maintain its ability to protect and preserve evidence associated with the commission of crimes; and
WHEREAS, California Penal Code Section 1417.9 requires the appropriate governmental entity—in this case the Oakland Police Department—to retain all biological material recovered in connection with a criminal case for the period of time that any person remains incarcerated in connection with the case, and to store it in a condition suitable for DNA testing; and
WHEREAS, the Oakland City Council adopted Resolution No. 85942 C.M.S. on January 5, 2016, which authorized the City Administrator or designee to: 1) waive the advertising/bidding and RFP/Q requirements, and 2) purchase frozen evidence storage services from Schaefer’s cold storage for two years with two discretionary one-year extensions for one hundred twenty-five thousand dollars ($125,000) per year and a total not to exceed five hundred thousand dollars ($500,000); and
WHEREAS, Schaefer’s Cold Storage has now been the provider of evidence storage protection for the Oakland Police Department for over 22 years; and
WHEREAS, relocating evidence to another vendor can cause thawing and refreezing of evidence and potentially jeopardize criminal prosecutions; and
WHEREAS, Schaefer’s Cold Storage agrees to maintain its ongoing relationship with the OPD as a vital business ally; and
WHEREAS, Oakland Municipal Code Section 2.04.051.B permits the City Council to waive the request for proposal/qualifications (RFP/Q) requirements upon a finding that it is in the best interest of the City to do so; and
2 WHEREAS, staff recommends that it is in the best interests of the City to waive the RFP/Q process because of the evidence preservation requirements cited above; therefore, be it
RESOLVED: That the City Council finds that pursuant to Oakland Municipal Code sections 2.04.050.1.5 and 2.04.051.B, for 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 bidding requirements and the request for the contract with Schaefer’s Cold Storage; and be it
FURTHER RESOLVED: That the City Council waives the Local and Small Local Business Enterprise Program (L/SLB) Provisions for the proposed continued relationship; and be it
FURTHER RESOLVED: That the Oakland City Council, hereby authorizes the City Administrator, or designee, to purchase goods and services from Schaefer’s Cold Storage for frozen storage facility use and bins procurement for the preservation of evidence for five years plus two discretionary one-year extensions, for a total amount not to exceed one million dollars ($4,028,738); and be it
FURTHER RESOLVED: That cost for Schaefer’s Cold Storage shall be paid from the General Purpose Fund (1010), Property and Evidence Org (102120), Miscellaneous Rental Account (53211), Project (TBD), Program (TBD).
FURTHER RESOLVED: That the City Administrator, or designee, is hereby authorized to complete all required negotiations, certifications, assurances, and documentation required to accept, modify, extend and/or amend the agreement.
3 FURTHER RESOLVED: That all contracts issued hereunder shall be reviewed and approved by the City Attorney for form and legality and copies shall be placed on file in the City Clerk’s Office.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
2646873v9 / Attorney Initials - updated 1/9/2022
4