Approved as to Form and Legality
________________________
City Attorney’s Office
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION: (1) AUTHORIZING THE CITY ADMINISTRATOR TO
ENTER INTO AN AGREEMENT WITH BAY AREA PL SERVICES FOR
BLOOD WITHDRAWAL AND SEXUAL ASSAULT SUSPECT
EXAMINATION SERVICES FOR A TERM OF THREE (3) YEARS,
WITH AN OPTION TO EXTEND THE AGREEMENT FOR UP TO TWO
YEARS AND WITHOUT RETURN TO CITY COUNCIL, FOR A TOTAL
AMOUNT NOT TO EXCEED ONE MILLION, NINE HUNDRED AND
TWO THOUSAND, FIVE HUNDRED AND TEN DOLLARS
($1,902,510.00; (2) WAIVING THE REQUEST FOR
PROPOSALS/QUALIFICATIONS (RFP/Q) AND
ADVERTISING/BIDDING AND THE LOCAL/SMALL LOCAL
BUSINESS ENTERPRISE (L/SLBE) REQUIREMENTS FOR THE
PROPOSED AGREEMENT; AND (3) AUTHORIZING PAYMENT OF
UNPAID INVOICES DUE TO BAY AREA PL SERVICES IN AN
AMOUNT NOT TO EXCEED ONE HUNDRED TWO THOUSAND, FIVE
HUNDRED TEN DOLLARS ($102,510.00)
WHEREAS, the City Council and residents of Oakland expect the Oakland Police Department (OPD) to enforce driving under the influence (DUI) laws and to investigate sexual assaults, which requires the timely and professional collection of forensic evidence; and WHEREAS, California Vehicle Code Section 23612 requires persons arrested for DUI to submit to a chemical test of their blood or breath, and Vehicle Code Section 23158 and California Business and Professions Code Sections 1242, 1242.5, and 1246 limit blood withdrawal for this purpose to certain licensed or certified personnel; and WHEREAS, under Vehicle Code Section 23152(b), a blood alcohol test administered within three hours of driving carries a rebuttable legal presumption regarding the driver’s blood alcohol content at the time of driving, making timely blood withdrawal critical to DUI prosecutions; and
WHEREAS, sexual assault suspect examinations require a licensed and trained examiner to collect forensic evidence in a timely manner and in accordance with medically established guidelines and state examination protocols in order to preserve its evidentiary value; and -2-
WHEREAS, OPD does not have in-house phlebotomy capacity sufficient to meet these needs and has relied on Bay Area PL Services since 2022 under a series of purchase orders rather than a Council-authorized contract; and
WHEREAS, the available purchase order funding for Bay Area PL Services has been exhausted, and outstanding invoices for services rendered total one hundred two thousand, five hundred ten dollars ($102,510.00); and
WHEREAS, Bay Area PL Services, located in San Bruno, California, maintains qualified personnel available twenty-four (24) hours a day, seven (7) days a week, able to respond within thirty (30) minutes of a request; and
WHEREAS, OPD’s use of Bay Area PL Services has increased from an average of approximately eight (8) blood draw requests per month in 2022 to thirty-one (31) per month in 2026 year to date; and
WHEREAS, Bay Area PL Services has submitted an updated fee schedule, effective August 1, 2026, averaging approximately eight percent (8%) above current rates, attributed to increased personnel, mobile operations, insurance, and regional operating costs; and WHEREAS, Bay Area PL Services currently provides the same scope of services to the County of Alameda under a competitively awarded contract (RFP No. 902439); and WHEREAS, Bay Area PL Services has indicated that it may discontinue services if outstanding invoices are not resolved, and OPD does not have an alternate vendor under contract to perform these time-sensitive services; and
WHEREAS, the City Council may waive the City's L/SLBE requirements for professional services contracts pursuant to Part I of Oakland's Local and Small Local Business Enterprise (L/SLBE) Program guidelines adopted by Ordinance No. 13825 C.M.S.; and WHEREAS, the Department of Workforce and Employment Standards conducted a review for this scope of work and, per its memorandum dated September 11, 2026, found zero (0) certified firms associated with the relevant North American Industry Classification System (NAICS) code; 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
WHEREAS, staff recommends that it is in the best interests of the City to waive the RFP/Q process and L/SLBE requirements because of the risk of service interruption cited above, and staff will conduct a competitive RFP process prior to the expiration of the contract term authorized herein; and
WHEREAS, funds for the Bay Area PL Services contract shall be paid from the General Purpose Fund (1010), Org (102310), Acct (54311), Project (1000008), Program (PS03); now, therefore, be it
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RESOLVED: That the City Council hereby authorizes the City Administrator to enter into an agreement with Bay Area PL Services for blood withdrawal and sexual assault suspect examination services for a term of three (3) years, with an option to extend the agreement for up to two years and without return to City Council, for a total amount not to exceed one million, nine hundred two thousand, five hundred ten dollars ($1,902,510.00), inclusive of unpaid invoices authorized below; and be it
FURTHER RESOLVED: That the City Council finds that, for the reasons stated above and in the City Administrator’s report accompanying this resolution, it is in the best interests of the City to waive the advertising and bidding requirements and the RFP/Q requirements pursuant to Oakland Municipal Code Section 2.04.051.B, and the L/SLBE program participation requirements pursuant to Oakland's Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S., for the agreement with Bay Area PL Services; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to pay unpaid invoices to Bay Area PL Services in an amount not to exceed one hundred two thousand, five hundred ten dollars ($102,510.00); and be it FURTHER RESOLVED: That costs for Bay Area PL Services shall be paid from the General Purpose Fund (1010), Org (102310), Account (54311), Project (1000008), Program (PS03); and be it
FURTHER RESOLVED: That the City Administrator, is authorized to complete all required negotiations, certifications, assurances, and documentation required to accept, modify, extend, and/or amend the agreement; and be it
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 - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3487149/AS