2646873v9 / Attorney Initials - updated 1/9/2022
1 APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO:
(1) EXTEND THE TERMS AND INCREASE THE AMOUNTS OF FOUR
EXISTING PROFESSIONAL SERVICES AGREEMENTS WITH THE
FOLLOWING CONSULTANTS AND WAIVE THE REQUEST FOR
PROPOSALS/QUALIFICATION PROCESS:
(A)
AMY HIESTAND CONSULTANT, LLC EXTENDING THE TERM
FROM DECEMBER 31, 2023, TO DECEMBER 31, 2026, AND
INCREASING THE AMOUNT OF THE AGREEMENT FROM $150,000
TO AN AMOUNT NOT TO EXCEED $300,000; AND
(B)
KENNETH JONES (AKA LIBERTY ATLANTIC DEVELOPMENT
PARTNERS) OR AN ENTITY OWNED BY KENNETH JONES,
EXTENDING THE TERM FROM DECEMBER 31, 2023, TO
DECEMBER 31, 2026, AND INCREASING THE AMOUNT OF THE
AGREEMENT FROM $99,500 TO AN AMOUNT NOT TO EXCEED
$150,000; AND
(C)
HOUSING TOOLS, LLC, EXTENDING THE TERM FROM MAY 1,
2024, TO DECEMBER 31, 2026, AND INCREASING THE AMOUNT
OF THE AGREEMENT FROM $49,999 TO AN AMOUNT NOT TO
EXCEED $150,000; AND
(D)
ANJANETTE SCOTT, LLC, EXTENDING THE TERM FROM MAY 1,
2024, TO DECEMBER 31, 2026, AND INCREASING THE AMOUNT
OF THE AGREEMENT FROM $49,999 TO AN AMOUNT NOT TO
EXCEED $150,000; AND
(2) ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH MYALL CONSULTING FOR A TERM TO DECEMBER 31, 2026, AND IN AN
AMOUNT NOT TO EXCEED $150,000.
WHEREAS, the City of Oakland’s Housing and Community Development Department (“HCD”) manages an array of affordable housing programs designed to a ddress the affordable housing and homelessness crisis in Oakland; and
WHEREAS, HCD staff leadership has sought assistance from third-party consultants who are specialists in housing and community development to assist HCD staff in carrying out various time sensitive activities that facilitate HCD’s ability to respond to th e City Council’s policy directives designed to address the City’s housing and homelessness crisis; and
WHEREAS, the following consultants (“HCD Cons ultants”) were awarded contracts pursuant to the City Administrator’s approval based on HCD’s Requests for Qualification on July 10, 2019, and January 23, 2023, for the following amounts:
1. Amy Hiestand Consulting, LLC, in the amount of $49,999
2. Kenneth Jones (Liberty Atlantic Development Partners) or an entity owned by Kenneth Jones, in the amount of $49,500
3. Housing Tools, LLC, in the amount of $49,999
4. Anjanette Scott, LLC, in the amount of $49,999
WHEREAS, On January 19, 2021, City Council passed Resolution No. 88490 C.M.S. extending contracts for Amy Hiestand Consulting, LLC and Kenneth Jones to December 31, 2021, and increasing the contract amounts to the fo llowing total amounts: Amy Hiestand Consulting LLC to $99,999 and Kenneth Jones to $99,500; and
WHEREAS, On December 21, 2021, City Counc il passed Resolution No.88969 C.M.S. extending contracts for Amy Hiestand Consulting, LLC and Kenneth Jones to December 31, 2022, and increasing the contract amount for Amy Hiestand Consulting, LLC to $150,000; and
WHEREAS, On December 6, 2022, City Council passed Resolution No.89489 C.M.S. extending contracts for Amy Hiestand Consulting, LLC and Kenneth Jones to December 31, 2023, with no increase to the contract amounts; and
WHEREAS, the HCD Consultants have either fully expended the funding available or are steadily spending down the funds in their contracts, yet the need for consulting services within HCD continues to exist and has been exacerb ated by the ongoing nature of the housing and homelessness crisis; and
WHEREAS, the HCD Consultants have performed their work with a high level of professionalism and excellence, and the City finds that it is in the best interest of the City to continue to utilize the assistance of the HCD Consultants; and
WHEREAS, Oakland Municipal Code (“OMC”) Sections 2.04.40.B and 2.04.50 require a Request for Proposals/Qualifications process and bids, respectively, for all professional services contracts over $50,000; and
WHEREAS, pursuant to OMC Section 2.04.050.1.B, the City Council may waive the advertising and bidding requirements upon a finding that it is in the best interest of the City to do so; and
WHEREAS, City staff recommends waiving the Request for Proposals/Qualifications process for the extension and increase of the professional services agreements with the HCD Consultants; and
WHEREAS, Myall Consulting responded to HCD’s Request for Qualifications dated March 2, 2023, and was selected by staff as a qualified consultant, and staff wishes to enter into a professional services agreement with Myall Consulting at this time; and
WHEREAS, the City Council desires to extend the professional services agreements with the HCD Consultants and enter into one new professional services agreement with Myall Consulting to facilitate HCD’s ability to effectively and efficiently deliver programs that promote affordable housing production, preservation, anti-displacement, and homelessness prevention, as these activities are critically important to addres s the dire housing and ho melessness crises that negatively impact Oakland’s lower income residents; and
WHEREAS, the HCD Consultants’ professional services activities reflect administrative expenses related to the conduct of HCD’s affordable housing development programs; and
WHEREAS, sufficient funding is available to the City from the Affordable Housing Trust Fund (Boomerang) (Fund 1870) and Measure U Bond Funds (Fund 5340) to fund these contracts; and
Name of Fund Fund Org Account Project
Affordable Housing Trust Fund (Boomerang) 1870 89929 54930 1000386 Measure U Affordable Housing Bond Tranche 1 5340 89929 54930 1007138
WHEREAS, the City Administrator has determined that these are agreements for services of a professional, scientific or temporary nature; and
WHEREAS, the City Administrator has determined that these agreements have not and will not result in a loss of employment or salary by any person having a permanent status in the competitive service; now, therefore, be it
RESOLVED: That the City Administrator is here by authorized to authorize, extend and increase the HCD Consultants’ respective professional services agreements as follows:
1. Amy Hiestand Consultant, LLC, extending the term from December 31, 2023, to December 31, 2026, and increasing the amount of the agreement from $150,000 to an amount not to exceed $300,000; and
2. Kenneth Jones (aka Liberty Atlantic Development Partners) or an entity owned by Kenneth Jones, extending the term from December 31, 2023, to December 31, 2026, and increasing the amount of the agreement from $99,500 to an amount not to exceed $150,000; and
3. Housing Tools, LLC, extending the term from May 1, 2024, to December 31, 2026, and increasing the amount of the agreement from $49,999 to an amount not to exceed $150,000; and
4. Anjanette Scott, LLC, extending the Term from May 1, 2024, to December 31, 2026, and increasing the amount of the agreement from $49,999 to an amount not to exceed $150,000; and be it
FURTHER RESOLVED: That the City Council hereby waives the Request for Proposals/Qualifications process for the extension and increase to the professional services agreements with the HCD Consultants; and
FURTHER RESOLVED: That the City Administrator is hereby authorized to negotiate, enter into, execute and deliver a professional services agreement with Myall Consulting for a term ending December 31, 2026, in an amount not to exceed $150,000; and be it
FURTHER RESOLVED: That the City Administrator is hereby authorized to negotiate and execute contract amendments and take any other action with respect these contracts consistent with this Resolution and its basic purpose.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FIFE, GALLO, JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California