Explanation
BACKGROUND: To repeal previous ordinance 2533-2023 that authorized contract for Cellebrite software licenses due to differences over some of the contract terms. Instead the Division of Police requests a contract with a third party vendor Carahsoft Technology Corp. to renew the Cellebrite software licenses to extract digital evidence used to help solve crimes. Many crimes have some link to digital evidence. Due to this fact, most divisional units are using the services of the Police Digital Forensics Unit to obtain evidence from cellular and other electronic devices. The vendor Carahsoft Technology Corp is a third party provider of the Cellebrite Inc. licensed software sold exclusively to law enforcement. With this software, the Digital Forensics Unit obtains the ability to unlock and decrypt more phones and extract more evidence to solve crimes. This evidence includes accessing: third party Apps, stored passwords and tokens, chat conversations, location data, email attachments, system logs, deleted content, and much more.
This ordinance repeals Ordinance 2533-2023 passed on 10-12-2023.
BID INFORMATION: The Division of Police requests to waive competitive bid provisions of the Columbus city code to purchase software licenses due to its compatibility with other Cellebrite equipment owned by the Division of Police.
This company is not debarred according to the Federal excluded parties listing or prohibited from being awarded a contract according to the Auditor of State unresolved findings for recovery certified search.
EMERGENCY DESIGNATION: Emergency legislation is requested due to the expiration dates on current subscription which will halt critical investigations including homicides.
CONTRACT COMPLIANCE: CC-009115 Expires 7/26/2024
FISCAL IMPACT: The funding for the services/subscriptions has already been appropriated and authorized by Ordinance 1188-2023 passed on 5-24-2023. This expenditure is funded by the Law Enforcement Contraband Seizure Fund 2219.
Title
To repeal ordinance 2533-2023; to authorize the Director of Public Safety to enter into a contract with Carahsoft Technology Corp. to renew Cellebrite software licenses to extract evidence from cellular devices; to waive competitive bidding provisions of the Columbus City Codes; to authorize the expenditure of $193,586.64 from the Law Enforcement Seizure Fund, and to declare an emergency. ($193,586.64)
Body
WHEREAS, it is necessary to repeal Ordinance 2533-2023 passed on October 12, 2023, and
WHEREAS, the City of Columbus Division of Police needs to renew services/subscriptions to extract digital evidence from cellular phones to help solve crimes, and
WHEREAS, the funding for the software renewal have been appropriated and authorized by Ordinance 1188-2023 passed on 5-24-2023; and
WHEREAS, it is in the best interest of the City to waive competitive bidding for this purchase due to its compatibility with other equipment owned by the Division of Police, and
WHEREAS, Cellebrite is currently the only software solution on the market that can access and decrypt a majority of locked devices; and
WHEREAS, an emergency exists in the usual daily operation of the Division of Police, Department of Public Safety, in that it is immediately necessary to authorize the Director of Public Safety to enter into a contract with Carahsoft Technology Corp to renew Cellebrite services/subscriptions as soon as possible to continue critical investigations as the current subscription service is scheduled to expire in short order, all for the immediate preservation of the public health, peace, property, safety and welfare; and now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Ordinance 2533-2023 is hereby repealed and replaced with this legislation.
SECTION 2. That the Director of Public Safety, be and is hereby authorized and directed to enter into a contract with Carahsoft Technology Corp to renew Cellebrite software licenses to extract digital evidence from cellular phones to solve crimes for the citizens of Columbus.
SECTION 2. That the expenditure of $193,586.64, or so much thereof as may be needed, be and the same is hereby authorized in the Law Enforcement Contraband Seizure Fund in object classes 03 per the accounting codes in the attachment of this ordinance.
SECTION 3. That this Council finds it in the best interest of the City to waive the competitive bidding provisions of the Columbus City Codes to permit the aforementioned purchase contract.
SECTION 4. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, the City Auditor shall establish such account codes as necessary.
SECTION 5. That for reasons state in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.