APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY'S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S. --------
A RESOLUTION:
1) AUTHORIZING THE CITY ADMINISTRATOR TO ACCEPT AND
APPROPRIATE GRANT FUNDS IN AN AMOUNT NOT TO EXCEED
THREE HUNDRED FOUR THOUSAND AND TEN DOLLARS ($304,010)
FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE
PROGRAMS, BUREAU OF JUSTICE ASSISTANCE, FOR
IMPLEMENTATION OF THE FY (FISCAL YEAR) 2025 DNA CAPACITY
ENHANCEMENT FOR BACKLOG REDUCTION (CEBR) PROGRAM
FOR THE OAKLAND POLICE DEPARTMENT (OPD); AND
2) WAIVING THE COMPETITIVE REQUEST FOR
PROPOSAL/QUALIFICATIONS (RFP/Q) AND THE LOCAL/SMALL
LOCAL BUSINESS ENTERPRISE PROGRAM REQUIREMENTS FOR
THE PURCHASES OF DNA TYPING SUPPLIES FROM: (A) QIAGEN
FOR SEVENTY-FIVE THOUSAND DOLLARS ($75,000), (B) PROMEGA
CORPORATION FOR ONE HUNDRED EIGHTEEN THOUSAND FOUR
HUNDRED FIFTY-SIX DOLLARS ($118,456), (C) NICHEVISION
FORENSICS, LLC FOR FORTY THOUSAND TWO HUNDRED FIFTY
DOLLARS ($40,250), (D) LIFE TECHNOLOGIES CORPORATION FOR
TIDRTY-THREE THOUSAND FIVE HUNDRED FIFTY-FOUR DOLLARS
($33,554), (E) HAMILTON COMPANY FOR TWENTY-THREE
THOUSAND FIVE HUNDRED FIFTY DOLLARS ($23,550), AND (F)
AURORA BIOMED INC. FOR THIRTEEN THOUSAND TWO HUNDRED
DOLLARS ($13,200)
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/BJA), 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
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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
WHEREAS, grant funds in an amount not to exceed three hundred four thousand ten dollars ($304,010), awarded by DOJ/OJP /BIJ to the Oakland Police Department (OPD) will be applied to Fiscal Year 2025 implementation of the DNA Capacity Enhancement for Backlog Reduction Program; and
WHEREAS, the funds will be allocated to purchase laboratory-validated DNA typing reagents and supplies; and
WHEREAS, the funds will be allocated to purchase annual updates/upgrades for DNA typing software; and
WHEREAS, the funds will be allocated to purchase service contracts for the annual maintenance of laboratory-validated DNA typing instruments and equipment; 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 oflnvestigation (FBI) DNA Quality Assurance Standards (QAS); and
WHEREAS, Section 2.04.05l(B) of the Oakland Municipal Code (OMC) authorizes the City Council to waive the competitive RFP/Q selection requirements of OMC section
2.04.051(A) upon a finding that it is in the best interests of the City to do so; and WHEREAS, the City Council may waive the City's Local/Small Local Business Enterprise Program (L/SLBE) requirements pursuant to Part I of Oakland's L/SLBE Program guidelines (Ordinance No. 13647 C.M.S.); and
WHEREAS, it is in the best interests of the City to waive the L/SLBE and RFP/Q requirements for the purchases of DNA typing supplies from Qiagen, Promega, software upgrade and maintenance from Niche Vision Forensics, and instrument perfonnance from Life Technologies, Hamilton Company, and Aurora Biomed because purchasing DNA supplies 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 -2-
have not been validated for use; and
WHEREAS, the proposed initiative grant term has a performance start date of October 1, 2024, and end date of September 30, 2026, a 24-month duration; and WHEREAS, the City Council previously authorized acceptance of similar grant funds by Resolution No. 90447 C.M.S., dated October 1, 2024, Resolution No. 89892 C.M.S., dated September 19, 2023, 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
WHEREAS: That said grant funds, in an amount not to exceed $304, 010, shall be appropriated in the Federal Grant Fund (2112), Criminalistics Division Org. (102610), Criminalistics Division Program (PS05), in a Project Number to be established; 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 purchasing DNA supplies 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 its designee, to accept and appropriate grant funds in an amount not to exceed three hundred four thousand ten dollars ($304,010) from the DOJ/OJP /BIJ and to increase revenues and appropriate said budget to OPD; and be it
FURTHER RESOLVED: That said grant funds shall be used purchase software updates/upgrades; and be it
FURTHER RESOLVED: That said grant funds shall be used to purchase laboratory validated DNA typing reagents utilized in the examination of biological material; and be it FURTHER RESOLVED: That the City Council finds and detem1ines that pursuant to OMC section 2.04.05l(B) and Part I of Oakland's Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S and based upon the reasons stated above and in the City Administrator's report accompanying this resolution, that it is in the best -3-
interests of the City to waive the advertising and competitive bidding requirements of the OMC for the purchases of DNA typing supplies from Qiagen for seventy five thousand dollars ($75,000), Promega for one hundred eighteen thousand four hundred fifty-six dollars ($118,456), software upgrade and maintenance for forty thousand two hundred fifty dollars ($40,250) from Niche Vision Forensics, and instrument performance maintenance for thirty-three thousand five hundred fifty-four dollars ($33,554) from Life Technologies, twenty three thousand five hundred dollars ($23,500) from Hamilton Company, and thirteen thousand two hundred dollars ($13,200) from Aurora Biomed; 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
FURTHER RESOLVED: That the City Administrator 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:
A YES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES-
ABSENT-
ABSTENTION -
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ATTEST : ___ ---,-_______ _
Asha Reed
City Clerk and Clerk of the Council
of the City of Oakland, California