Celso Ortiz (May 17, 2022 16:46 PDT)
APPROVED AS TO FORM AND LEGALITY
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION: (1) AMENDING AND EXTENDING THE TERM OF THE
AS-NEEDED CONTRACT WITH THE BEAUTIFICATION COUNCIL BY
FOURTEEN (14) MONTHS FROM APRIL 30, 2023, TO JUNE 30, 2024; (2)
INCREASING THE CONTRACT AMOUNT BY ONE MILLION TWO
HUNDRED EIGHTY THOUSAND DOLLARS ($1,280,000) FOR A TOTAL
NOT TO EXCEED CONTRACT AMOUNT OF TWO MILLION EIGHT
HUNDRED EIGHTY THOUSAND DOLLARS ($2,880,000); AND (3)
WAIVING FURTHER ADVERTISING AND COMPETITIVE REQUEST
FOR PROPOSAL/QUALIFICATION SELECTION AND LOCAL
BUSINESS/SMALL LOCAL BUSINESS PARTICIPATION
REQUIREMENTS
WHEREAS, in 2020, the City Council approved Resolution No. 88079 C.M.S., authorizing the City Administrator to enter into agreements to provide waste removal services at homeless encampments in the City of Oakland (City), and
WHEREAS, Beautification Council is dedicated to combatting the pernicious issues plaguing underserved communities, by developing innovative practices to uplift justice system- involved and unhoused individuals through on-the-job, job readiness training and life skills training; and
WHEREAS, in May 2021, the City entered into an agreement with Beautification Council to recruit, hire and train persons needed to facilitate the cleaning of encampments for an on-call two-year contract; and
WHEREAS, Beautification Council has demonstrated higher than satisfactory performance in Fiscal Year 2021-22 in managing teams of unsheltered individuals to abate litter and illegal dumping from public rights of way and encampments; and
WHEREAS, this agreement advances City racial equity outcomes through valuable job readiness training and employment and improved health outcomes for unsheltered residents; and
WHEREAS, the City desires to amend its on-call agreement with Beautification Council for cleaning services on Caltrans property within the City including: (1) litter pickup;
2 (2) bulky waste collection and disposal; (3) weed removal; and (4) additional related work to be assigned on a task order basis; and
WHEREAS, the activities included in the amended agreement with Beautification Council will be funded by Caltrans’ Clean California grant in Fund 2140 – California Department of Transportation; and
WHEREAS, Oakland Municipal Code (OMC) Sections 2.04.040 B 5 and 2.04.051 A, respectively, require the City to conduct a formal advertising and competitive Request For Qualifications/Proposals (RFQ/RFP) selection process for professional services agreements over $25,000.00; and
WHEREAS, OMC Section 2.04.051 B authorizes the City Council to waive the advertising and competitive RFQ/RFP selection requirement if it finds that it is in the City’s best interests to do so; and
WHEREAS, Ordinances number 13101 C.M.S., number 13640 C.M.S. and number 13647 C.M.S. requires a minimum 50- percent (50%) Local Business Enterprise/Small Local Business Enterprise (LBE/SLBE) participation for all purchase of commodities, goods and associated services for contracts valued at or over fifty thousand dollars ($50,000) when there are at least three certified business listed in the industry, trade, or profession that constitutes a major category of work; and,
WHEREAS, the City Council may waive the City’s LBE/SLBE requirements for the purchase of commodities, goods, services, supplies or combination thereof due to a lack or limited availability of SLBEs or LBEs pursuant to Part I of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S.; and
WHEREAS, neither the proposed contractor nor staff have been able to identify any or a limited availability of LBE/SLBEs that can provide the products or perform the materials and services that are required under this contract; and
WHEREAS, the City lacks the equipment and qualified personnel to perform the necessary work, that the performance of this contract is in the public interest because of economy or better performance and that this contract is of a professional, scientific or technical nature; and
WHEREAS, the City Council finds and determines that the performance of these contracts shall not result in the loss of employment or salary by any person having permanent status in the competitive service; and
WHEREAS, staff recommends that it is in the City’s best interests for the City Council to waive the advertising and competitive RFQ/RFP process, and the LBE/SLBE participation requirements for this contract because Beautification Council is uniquely qualified to provide this group of services, which is supported by state grant funding and includes job readiness training and development programs for homeless and justice-system-involved individuals; and
WHEREAS, the City Council finds that the services provided pursuant to the agreement authorized hereunder are of a professional, scientific or technical nature and are temporary in nature; and
3 WHEREAS, the City Council finds that this agreement shall not result in the loss of employment or salary by any person having permanent status in the competitive service; now, therefore be it
RESOLVED: pursuant to OMC Section 2.04.051 B, the City Council hereby finds and determines that it is in the best interests of the City to waive the advertising, competitive RFQ/RFP selection and the LBE/SLBE participation requirements of the OMC based on the reasons set forth in this Resolution and the Report accompanying this Resolution, and so does hereby waive these requirements; and be it
FURTHER RESOLVED: That the City Council hereby awards, and the City Administrator is hereby authorized to amend the Beautification Council agreement by fourteen (14) months for a total term of a three-years, two-month agreement from May 1, 2021, through June 30, 2024, to coincide with the Caltrans grant funding and to appropriate an additional one million two hundred eighty thousand dollars ($1,280,000) for a total not to exceed contract amount of two million eight hundred eighty thousand dollars ($2,880,000) with Beautification Council to provide litter and bulky waste removal, weeding and encampment cleaning and related services; and, be it
FURTHER RESOLVED: That all expenditures related to this proposed contract shall be allocated in the California Department of Transportation Fund (2140); Organization KOCB:
Illegal Dumping (30674); and Keep Oakland Clean and Beautiful Program (NB35); and be it
FURTHER RESOLVED: That the City Administrator or designee is hereby authorized and empowered to approve any subsequent amendments to, or extensions of said agreement, except for those related to an increase in compensation or the allocation of additional funds, provided that such amendments or extensions shall be reviewed by the City Attorney and filed with the City Clerk’s Office; and be it
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