APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE C ITY ADMINISTRATOR TO AWARD
A PROFESSIONAL SERVICES CO NTRACT TO MASON TILLMAN
ASSOCIATES TO CONDUCT A DISPA RITY STUDY FOR AN AMOUNT
NOT TO EXCEED SIX HUNDRED T HOUSAND DOLLARS ($600,000) TO STUDY THE CITY’S PROFESSION AL SERVICES, PROCUREMENT
AND CONSTRUCTION CONTRACTIN G ACTIVITIES FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2021, AND WAIVING THE
COMPETITIVE REQUEST FOR PROPO SAL/QUALIFICATIONS (RFP/Q)
PROCESS AND LOCAL AND SMALL LOCAL BUSINESS ENTERPRISE
(L/SLBE) PROGRAM REQUIREMENTS
WHEREAS, the City of Oakland seeks to ensure equal opportunity in its contracting activities, and as c ontracting market participants, to ensure the City is not actively or passively discriminating on the basis of race or ge nder against minority- owned or women-owned businesses; and
WHEREAS, the City of Oakland Charter was amended in 1996, adding Sectio n 808(b), which requires the City to conduct a race and gender di sparity evaluation periodically to ascertain whether the City “has been an active or passive participant in actual, identifiable discriminat ion within its relevant [contac ting] market place”, and to “establish a narrowly tailored race and/or gender business part icipation program, if discrimination is demonstrated and substantiated by the dispari ty evaluation, for the bidding and awarding of purchases and contracts for so long as necessary to remedy such discrimination; and
WHEREAS, consistent with the City’s pol icy and Charter mandate the City wishes to undertake a disparity study as required by Charter Se ction 808(b) to implement programs and policies that address race and gender di sparities that exist in the City’s procurement processes and outcomes; and
WHEREAS, it is necessary to complete a disparity study to gather and an alyze the City’s business market and recent contracting activities to determine if disparities exist in participation rates of businesses that are minority an d women-owned businesses in City contracts fo r services, goods, materials and construction, and, if so, to establish a foundation for tailored remedial programs to add ress any such disparities; and
WHEREAS, Mason Tillman Associates, MTA, has conducted disparity studies for agencies across the country, as well as the City of Oakland, Co unty of Alameda and Port of Oakland and, therefore, h as extensive experience working with and studying the 2 Oakland business market, working with City of Oakland staff and familiarity with City of Oakland contracting policies, programs, procedures and practices; and
WHEREAS, MTA is prepared to conduct the Charter-required disparity stu dy to review the City’s professional services, procurement and constr uction contracting activities for the period of July 1, 2016 through June 30, 2021 , and to recommend actions, programs, policies, pro cedures and practices to addres s race and gender based disparities that are docum ented, for an amount not to exc eed six hundred thousand dollars ($600,000); and
WHEREAS, for the foregoing reasons and in order to expedite the Charte r- required disparity st udy, the City administrator recommends, pu rsuant to Oakland Municipal Code section 2.04.051, that it is in the City’s best interests for the City Council to waive the professional services RFP/Q process and authorize award of the contract to MTA to conduct the disparity study; and
WHEREAS, the City Administrator has determined that the contract is of a professional, scientific or tec hnical and temporary, and shall not result in the loss of employment or salary by any person having permanent status in t he competitive civil service; now, therefore, be it
RESOLVED: That, based on the City Administrator’s recommendation above and pursuant to Oakland Municipal Code section 2.04.051, the Council hereby finds that it is in the best interests of the City to waive the competitiv e RFP/Q process for the disparity study and so waives the requirement; and be it
FURTHER RESOLVED: That the City Administrator is authorized to award a professional services contract to Mason Tillman Associates to c onduct a disparity study to review the City’s professional services, procurement and con struction contracting activities for the period of July 1, 2016 through June 30, 2021 in an amount not to exceed six hundred thousand dollars ($600,000); and be it
FURTHER RESOLVED: That based on the City Administrator’s representations, the Council finds that the dispar ity study contract is of a pro fessional, scientific or technical and temporary, and shall not result in the loss of em ployment or salary by any person having permanent status in the competitive civil service.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
A T T E S T :
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
3134033v2