APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION WAIVING THE COMPETITIVE REQUEST FOR
PROPOSAL/QUALIFICATIONS (RFP/Q) AND LOCAL/SMALL LOCAL
BUSINESS ENTERPRISE (L/SLBE) REQUIREMENTS AND AWARDING
A PROFESSIONAL SERVICES AGREEMENT TO COOK AND RUN,
INC. IN AN AMOUNT NOT TO EXCEED $96,000 FOR PROVIDING
FOOD SERVICES FROM JUNE 6, 2022 THROUGH JULY 29, 2022
WHEREAS, on May 17, 2022 , the Oakland City Council passed Resolution No. 89196 C.M.S., accepting, by and through a per meal reimbursement process, a Summer Food Service Program (SFSP) Grant in the amount of $426,870 from the California Department of Education, Nutrition Services Division; and
WHEREAS, Resolution No. 89196 C.M.S. also awarded professional service agreements to Uptons, Inc. (DBA S chool Foodies) and to Flo’s Friendly Foods from May 30, 2022 through July 29, 2022; and
WHEREAS, on May 17, 2022, City Council directed the City Administrator’s Office and Human Services Department staff to return with a plan to increase the number of vendors and sites for the 2022 SFSP; and
WHEREAS, in response to this Council direction, Cook and Run, Inc. (Cook and Run) was identified and added to the program in the first week of June; and WHEREAS, because Cook and Run was added after the program began, it was anticipated that thei r contribution would not exceed $50,000 ; however, due to increased demand and the addition of sites, their services exceeded that amount; and WHEREAS, given the urgent timing, Cook and Run was selected by the Human Services Department to provide food services without a Request for Proposal/Qualificat ions (RFP/Q) process; and
WHEREAS, Cook and Run is an organization based in Oakland and was selected following staff outreach to local vendors, but has not yet been certified as a Local or Small Local Business Enterprise under Oakland’s Local and Small Local Business Enterprise Program guidelines; and
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WHEREAS, C ook and Run is certifie d by the Califor nia Departme nt o f Educati on to provide food services for the City’s SFSP; and
WHEREAS, the City Administrator has determined that the professional services agreement with Cook and Run is of a professional and temporary nature and shall not result in the loss of salary or employment by anyone having permanent status in competitive civil service; and WHEREAS, Section 2.04.051(B) of the Oakland Municipal Code (OMC), authorizes the City Council to waive the competitive RFP/Q selection requirements of OMC section 2.04.051(A) upon a finding that it is in the best interests of the City to do so; and WHEREAS, the Council may waive the City’s Local/Small Local Business Enterprise (
L/SLBE) requirements for professional services contracts 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, the City Administrator recommends that it is in the best interests of the City to waive the L/SLBE and RFP/Q requirements because Cook and Run was able to rapidly provide expanded SFSP services per Council direction, was selected through a local vendor outreach process with limited local vendor availability, and has already assisted the City for the 2022 year; now, therefore, be it
RESOLVED: That for the reasons stated herein and in the report that accompanies this R
esolution, the City Council hereby finds and determines that there was limited certified vendor availability and that it is in the best interests of the City to waive the L/SLBE and RFP/Q requirements, pursuant to OMC section 2.04.051(B) and Part I of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S., and hereby
awards a Professional Services Agreement to Cook and Run, Inc. in the amount of $96,000 for food services provided for the City’s SFSP from June 6, 2022 to July 29, 2022.
IN
COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FO LLOWING 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