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Approved as to Form and Legality
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
Jady Leung (Aug 23, 2024 16:03 PDT)
City Attorney
RESOLUTION: 1) AUTHORIZING THE CRIME LABORATORY TO
PROCURE EQUIPMENT SUPPORTING THE NATIONAL INTEGRATED
BALLISTIC INFORMATION NETWORK (NIBIN) FUNDED WITH
GRANT FUNDS FROM THE OFFICE OF JUSTICE PROGRAMS (OJP),
BUREAU OF JUSTICE ASSISTANCE (BJA) FOR LOCAL LAW
ENFORCEMENT CRIME GUN INTELLIGENCE CENTER (CGIC)
INTEGRATION INITIATIVE TO MEET THE GRANT REQUIREMENTS;
2) WAIVE THE ADVERTISING AND COMPETITIVE BIDDING
REQUIREMENTS FOR THE PURCHASE OF NIBIN SYSTEM
ELEMENTS TO INCLUDE (1) A USED BRASSTRAX FROM FAIRFIELD
POLICE DEPARTMENT FOR NINETY THREE THOUSAND DOLLARS
($93,000) (2) A NEW BRASSTRAX FROM ULTRAFORENSICS FOR ONE HUNDRED FIFTY FIVE THOUSAND DOLLARS ($155,000), (3) A NEW
MATCHPOINT SYSTEM FROM ULTRAFORENSICS FOR EIGHTY
FIVE THOUSAND DOLLARS ($85,000), (4) I NSTALLATION OF ALL
SYSTEMS BY ULTRAFORENSICS FOR TWENTY EIGHT THOUSAND
DOLLARS ($28,000) AND (5) LICENSES AND SERVICE BY
ULTRAFORENSICS FOR ONE HUNDRED TWENTY FIVE THOUSAND
DOLLARS ($125,000).
WHEREAS, the National Integrated Ballistic Information Network (NIBIN) system has revolutionized law enforcement’s ability to analyze ballistic evidence to determine interconnectivity; and
WHEREAS, the Local Law Enforcement Crime Gun Intelligence Center (CGIC) Integration Initiative was created by the U.S. Department of Justice, Office of Justice Program, Bureau of Justice Assistance (DOJ/OJP/BJA) to assist laboratories to support a CGIC with a goal of improving investigations into violent gun crime; and
WHEREAS, the CGIC Strategic Plan calls for expanding analytical capacity and throughput to NIBIN system which can only occur with acquisition of more equipment; and
WHEREAS, grant funds in an amount of $695,997 was awarded by DOJ/OJP/BJA to the Oakland Police Department (OPD) will be applied to Fiscal Year 2024-25 implementation of the -2-
Local Law Enforcement Crime Gun Intelligence Center (CGIC) Integration Initiative; and
WHEREAS, the City Council previously authorized acceptance of these grant funds by Resolution No. 89617 C.M.S; and
WHEREAS, the OPD Criminalistics Division must use and maintain rigorously validated equipment to meet accreditation requirements; and WHEREAS, the grant funds were awarded to purchase the specified equipment made by UltraForensics which has been previously laboratory-validated; and WHEREAS, the NIBIN equipment units validated by the laboratory are only produced by UltraForensics, there are no alternative vendors, but the equipment costs exceed the sole source limit established of $50,000; 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, 2022, and end date of September 30, 2025, a 36-month duration; and
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 the proposed acquisition of equipment optimizes the use of the funds by obtaining a used instrument in addition to new equipment; now, therefore be it
RESOLVED: That said grant funds shall be used purchase critical NIBIN equipment, licenses and service; 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 used BrassTrax system for $93,000 from Fairfield PD, a new BrassTrax for $155,000, MatchPoint $85,000, installation for $28,000 and licenses and service for $125,000 from UltraForensics; and be it
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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