APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION WAIVING THE LOCAL/SMALL LOCAL ENTERPRISE
BUSINESS REQUIREMENT AND AWARDING PROFESSIONAL
SERVICE AGREEMENTS TO FOUR (4) PROVIDERS IDENTIFIED IN
TABLE 1 FOR THE PROVISION OF HYGIENE SERVICES AT
HOMELESS ENCAMPMENTS AND OTHER PROGRAM SITES IN AN
AMOUNT NOT TO EXCEED $750,000 PER SERVICE PROVIDER AND
NOT TO EXCEED $3, 000,000 TOTAL FOR FISCAL YEAR (FY) 2022-23
USING GENERAL PURPOSE FUNDS AND STATE OF CALIFORNIA
HOMELESS, HOUSING, ASSISTANCE AND PREVENTION (HHAP)
FUNDS
WHEREAS, on December 21, 2021 , the City Council passed Resolution No. 88949 C.M.S., which, among other things, appropriated HHAP Round 2 and HHAP Round 3 funds for the provision of emergency homeless interventions; and
WHEREAS, $2,250,000 of these HHAP-3 funds are available for hygiene funding and are appropriated in the State of California Fund (21 59), Community Homelessness Organization (78411), Projects (1006326), Homeless Services & Support (NB41); and
WHEREAS, on June 21, 2021, the City Council passed Resolution No. 88717 C.M.S., which, among other things, adopted the Biennial Budget for FY 2021-23 and allocated $1,080,000 per year for the provision of sanitation services for an additional 60 encampment sites; and
WHEREAS, $750,000 of these funds are available and are appropriated in Fund (1010) Project (1000002), Expenditure type (various), Community Homelessness Organization (78411), Homeless Services & Support (NB41); and
WHEREAS, the City desires to sustain its interim homeless interventions and hygiene services to unhoused residents; and
WHEREAS, staff now seeks authorization to enter into agreements for hygiene services with homeless intervention service providers through June 30, 2023 using accepted and appropriated HHAP and General Purpose Funds (Fund 1010) as stated in Table 1; and
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WHEREAS, the City Administrator has determined that the agreements are professional, scientific or technical and temporary in nature, and the performance of the agreements shall not result in the loss of employment or salary by any person having permanent status in the competitive service; and
WHEREAS, the capacity of portable toilet vendors and shower providers to meet their contracted service deliverables varies over the course of a year and limited capacity results in poor services to people who are unsheltered; and
WHEREAS, staff have a need to flexibly move funds between providers of hygiene (portapotties, wash stations, and shower) services, as provider capacity fluctuates , to ensure an even level of service is provided to unsheltered people; and
WHEREAS, the maximum amount of each contract would be $750,000 and contract totals will be adjusted based on performance and need; and
WHEREAS, the Human Services Department requires vendors to provide and service portable toilet units at encampments; and
WHEREAS, the Human Services Department included this scope of work in a Request for Qualifications process; and
WHEREAS, on March 31, 2021, the City received two (2) responsive and qualified proposals submitted in response to a competitive RFQ process pursuant to OMC Section 2.04.051 to provide and service portable toilet units at encampments; and
WHEREAS, the bid from TBS was significantly less per month than the other bidder , which will allow the City to provide this service to more unsheltered people; and
WHEREAS, the Human Services Department desires to waive any Local and Small Local Business Enterprise Program (L/SLBE) program requirements in order to contract with TBS Site Services, an African American woman owned small business serving San Francisco and Alameda Counties, which is certified by the State of California as a Minority Business Enterprise (MBE), Women Business Enterprise (WBE), and Disadvantaged Business Enterprise (DBE) in an amount up to $750,000 in FY 2022 -23, for the provision of portable toilets and wash stations in encampments; now, therefore, be it
RESOLVED: That the City Council finds that it is in the best interest of the City to waive the Local and Small Local Busines s Enterprise Program (L/SLBE) requirements and award a professional services agreement to TBS Site Services for FY 2022-23, for the reasons set forth herein and in the accompanying staff report, and hereby waives this requirement; and be it
FURTHER RESOLVED: That the City Council awards professional service agreements to the provide rs identified in Table 1 below for hygiene services in an amount not to exceed $750,000 per service provider and not to exceed $3,000,000 in total for July 1, 2022 through June 3 3178353v1/MJM
30, 2023, using any combination of accepted and appropriated HHAP funds and General Purpose Funds, subject to any applicable funding regulations and requirements:
Table 1: Agreements with term of July 1, 2022 through June 30, 2023 Provider Professional Services
Agreement (PSA)
Service Provided Not To Exceed
Amount
Roots Health Center Mobile Showers Minimum of 35
sessions/week
Up to $750,000
Urban Alchemy Mobile Showers Up to $750,000
Dignity on Wheels; Mobile Showers Up to $750,000
TBS Portable toilets and
wash stations
Minimum of 45
sites/month Up to $750,000
For A Total Combined Amount Not To
Exceed Amount
Up to $3,000,000
; and be it
FURTHER RESOLVED: That based on information provided by the City Administrator, the City Council finds that these agreements are of a professional and temporary nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; and be it
FURTHER RESOLVED: That the City Administrator or their designee is authorized to amend the aforementioned agreements to adjust the amount of the agreements, as needed, to ensure quality of service, up to the total combined amount of $3,000,000 for FY 2022-23.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, KALB, KAPLAN, REID, TAYLOR, THAO AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California