APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION:
(1) APPROVING THE CHILDREN’S INITI ATIVE CITIZENS’
OVERSIGHT COMMISSION FINAL SELECTION FOR THE
CHILDREN’S INITIATIV E OF 2018 (MEASURE AA)
IMPLEMENTATION PARTNERS: FIRST 5 ALAMEDA COUNTY FOR
THE EARLY EDUCATION FUND AND OAKLAND PRO MISE FOR
THE OAKLAND PROMISE FUND; AND
(2) AUTHORIZING AGREEMENTS FOR FIVE -YEAR TERMS WITH
FIRST 5 ALAMEDA COUNTY IN THE AMOUNT OF TWE NTY-
THREE MILLION ONE HUNDRED EIGHTY-ONE THOUSAND FOUR
HUNDRED AND TWENTY-EIGHT DOLLARS ($23,181,428) TO
IMPLEMENT THE EARLY EDUCATION PROGRAM AND WITH
OAKLAND PROMISE IN THE AMOUNT OF ELE VEN MILLION
FIVE HUNDRED NINETY THOUSAND SEVEN HUNDR ED AND
FOURTEEN DOLLARS ($11,590,714) TO IMPLEMENT THE
OAKLAND PROMISE PROGRAM; AND
(3) AUTHORIZING THE CITY ADMINISTRATOR TO AMEND THE
ABOVE AGREEMENTS TO INCREASE THE AMOUNT S,
PROPORTIONAL TO APPROPRIATED REVENUE , AND TO
EXTEND THE AGREEMENTS FOR ADDITIONAL TERMS OF UP TO
FIVE YEARS, PURSUANT TO MEASURE AA.
WHEREAS, on December 14, 2018 , the City Council adopted Resolution No. 87485 C.M.S., certifying Measure AA, a proposed amendment to the Oakland City Charter creating the “Children’s Initiative of 2018” and approving a parcel tax to fund early childhood education and college readiness p rograms, on the November 6, 2018 Oakland general election, as passing and directing the City Administrator to present a validation ordinance to the Council and directing the City Attorney to bring a validation action for the measure; and
WHEREAS, the Cali fornia Court of Appeal affirmed the passage of Measure AA in December 2021; and
WHEREAS, Measure AA (Oakland City Charter, Art. XVI) established the Children’s Initiative Citizens ’ Oversight Commission to, among other things, review the analysis and
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recommendations of the Children’s Initiative Accountability Officer for the selection of Implementation Partners , approve or reject the recommendation for the selection of Implementation Partners for the Early Education and Oakland P romise Funds, ensure that the selection is consistent with the Act, and once approved, submit the final selection to the Oakland City Council for its adopts without amendment; and
WHEREAS, Charter Section 1605 requires that the Early Education Implementation Partner meet the following minimum criteria: (1) the Implementation Partner must have a mission consistent with the purposes of the Early Education Fund and the capability to implement all of the Guidelines of the Early Ed ucation Fund, through direct provision or through partnership agreements; (2) the Implementation Partner must have expertise in early education or a record of successfully implementing programs or services for children age zero to five; and (3) at the time of application and while acting as Early Education Implementation Partner, the Implementation Partner must not be a private preschool provider in the City of Oakland; and
WHEREAS, Charter Sections 1605 and 1606 require that for the first five years of the Early Education Fund, t he Alameda County Children and Families First Commission, known as First 5 Alameda County, or another public entity, will be selected by the Citizens ’ Oversight Commission to be the Early Education Implementation Partner and to administer the program, and the Early Education Implementation Partner will be selected through a request for proposals or through an alternative selection process; and
WHEREAS, Charter Section 160 8 requires that the Oakland Promise Implementation Partner be recommended and approved pursuant to a request for proposals and must meet the following minimum criteria: (1) the Implementation Partner must be an Oakland-based non-profit organization in good standing or a government agency, or an entity, project, or program within such a body; (2) must be a non -profit organization, government agency, or an entity, project or program within such a body, with a mission consistent with the purposes of the Oakland Promise Fund and the capability to implement all of the Guidelines, including the initial Guidelines set forth in Section 1609 ; (3) must have the capability to successfully implement, either directly or through subcontracts, evidence-based programs or services for children from birth through college graduation and experience serving populations reflective of the diversity of Oakland, in service of all Oakland Promise Fund eligible uses as set forth in paragraphs (1) through (7) of subdivision (c) of Section 1607; (4) must have the ability t o leverage other funding sources, such as private philanthropy, grants, and/or an endowment or quasi -endowment, to achieve the purposes of the Oakland Promise Fund; and (5) must have the ability to enable the external evaluation of programs, demonstrated through means such as having an existing data -evaluation system or an existing relationship with a credible external evaluator; and
WHEREAS, pursuant to the guidelines set forth in Measure AA and relevant administrative instructions, staff conducted a Request for Proposals (RFP) process and advertised the RFP in accordance with City requirements; and
WHEREAS, Oakland’s Local and Small Local Business Enterprise Program (L/SLBE) guidelines, adopted by Ordinance No. 13647 C.M.S., require a minimum 50% participation for all professional services contracts at or over $50,000 when there are at least three certified business listed in the industry, trade, or profession that constitutes a major ca tegory of work, and the City 3 322362v3/MJM
Administrator is authorized in the evaluation of proposals for professional service s contracts to require contractors to comply with the L/SLBE program under Chapter 2.04 .20 of the Oakland Municipal Code; and
WHEREAS, the City received four proposals for the Implementation Partners , and two agencies were selected and recommended to serve as the Children’s Initiative Implementation Partners, one for the Early Education fund (First 5 Alameda County) and the other as the Oakland Promise fund (Oakland Promise), in accordance with the guidelines set forth in Measure AA and the RFP process; and
WHEREAS, the Children’s Initiative Citizens ’ Oversight Commission approved the selection of these Implementation Partners, ensured that the selection was consistent with Measure AA, and now submits the final selection to the Oakland City Council for adoption without amendment; and
WHEREAS, Charter Sections 1605 and 1608 provide that the initial Early Education Implementation Partner and initial Oakland Promise Implementation Partner shall act for a period of five (5) years with an opportunity for renewal for additional terms of up to five (5) years, provided that they remain in good standing and continue to carry out the requirements specified in the Measure, and that at the expiration of the first five-year period, the accountability officer may recommend, based on the Implementation Partner s’ performance, that the Citizens ’ Oversight Commission renew the contracts for additional terms of up to five (5) years; and
WHEREAS, the City Administrator has determined that the proposed Implementation Partners are uniquely qualified to support the scope of work required and the agreements are of a professional, scientific , or technical and temporary nature and will not result in the loss of employment or salary by any person having permanent status in the competitive service; and
WHEREAS, the adopted revenue budget for Measure AA for Fiscal Year 2022 – 2023 is $36,920,359; and
WHEREAS, Measure AA requires that seven percent (7%) of the proceeds of the parcel tax imposed shall be deposited in the Children ’s Initiative Oversight, Accou ntability, and Evaluation Fund; and
WHEREAS, seven percent (7%) of Fiscal Year 2022 – 2023 adopted budget is $2,148,217 and further revenue projections are not available at this time; and
WHEREAS, Measure AA requires that for the Children’s Initiative Oversight, Accountability, and Evaluation Fund , to the extent that at the end of each two -year (2) budget period, any unspent and unencumbered or undesignated funds remain in the Oversight, Accountability, and Evaluation Fund, fifty percent (50%) of the funds remaining shall be transferred to the Early Education Fund and shall be available for appropriation to achieve th e goals of the Early Education Fund, twenty-five percent (25%) shall be transferred to the Oakland Promise Fund and shall be available for appropriation to achieve the goals of the Oakland Promise Fund, and twenty-five percent (25%) shall remain in the Oversight, Accountability and Evaluation Fund as a reserve for the eligible uses; and
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WHEREAS, Measure AA requires that for each fiscal year, sixty -two percent (62%) of the proceeds of the parcel tax imposed shall be deposited in the Early Education Fund, and shall be appropriated, together with any interest that accrues thereon, for the purposes of that fund; and
WHEREAS, sixty-two percent (62%) of Fiscal Year 2022 – 2023 adopted budget is $23,181,428 and further revenue projections are not available at this time; and
WHEREAS, Measure AA requires that for each fiscal year, thirty -one percent (31%) of the proceeds of the parcel tax imposed shall be deposited in the Oakland Promise Fund, and shall be appropriated, together with any interest that accrues thereon, for the purposes of that fund; and
WHEREAS, thirty-one percent (31%) of Fiscal Year 2022 – 2023 adopted budget is $11,590,714 and further revenue projections are not available at this time; and
WHEREAS, funding for the agreements are available as follows : Measure AA – Early Education Fund (2262), Citywide Activities Org (90591), Contract Contingencies Acco unt (54011) in a project to be established, and Measure AA – Oakland Promise Fund (2263), Citywide Activities Org (90591), Contract Contingencies Account (54011) in a project to be established; and
WHEREAS, Charter Sections 1605 and 1608 provide that the City Administrator shall have the authority to enter into a contract with the Implementation Partners that includes legally required terms, such as but not limited to: (1) Performance metrics and benchmarks; (2) Plans for consultation or engagement wi th experts, community members, and program beneficiaries; (3) Annual independent financial audits; (4) Data sharing agreements including disaggregation by race and income of program beneficiaries; and (5) Accounting practices that securely segregate Fund revenues and expenditures in order to ensure appropriate accounting of receipts and expenditures; now, therefore, be it
RESOLVED: That the City Council hereby approves the Children’s Initiative Citizens’ Oversight Commission final selection for the Children’s Initiative Implementation Partners: First 5 Alameda County for the Early Education Fund and Oakland Promise for the Oakland Promise Fund; and be it
FURTHER RESOLVED: That the City Administrator is authorized to enter into a n agreement with First 5 Alameda County as the Early Education Implementation Partner for a five- year term in the amount of twenty -three million, one hundred eighty -one thousand four hundred and twenty-eight dollars ($23,181,428) to implement the Early Education program and an agreement with Oakland Promise as the Oakland Promise Implementation Partner for a five -year term in the amount of eleven million five hundred ninety thousand seven hundred and fourteen dollars ($11,590,714) to implement the Oakland Promise program, pursuant to Measure AA; and be it
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FURTHER RESOLVED: That the City Administrator or designee is authorized to complete all required negotiations and documentation required to modify, extend, and/or amend the above -referenced agreements for services, including proportional increases in the contract amounts up to the appropriated yearly revenue, and extension of the terms for up to an additional five years, pursuant to Measure AA.
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