1 APPROVED AS TO FORM AND LEGALITYOAKLAND CITY COUNCILRESOLUTION NO. C.M.S.RESOLUTION: AUTHORIZING THE CITY ADMINISTRATOR TO (1) AMEND THE CURRENT EXTENDED CONTRACT WITH ABC SECURITY SERVICES INC. REFERENCED IN RESOLUTION NUMBER 89604 C.M.S. ON A MONTH-TO-MONTH BASIS THROUGH JUNE 30, 2025 AND INCREASE THE CONTRACT IN THE ONE-TIME AMOUNT OF EIGHT MILLION DOLLARS ($8,000,000.00) FOR A TOTAL NOT TO EXCEED CONTRACT AMOUNT OF TWENTY-NINE MILLION SIX HUNDRED THOUSAND DOLLARS ($29,600,000.00), OR UNTIL A NEW REQUEST FOR PROPOSAL FOR SECURITY SERVICES IS ISSUED AND A CONTRACT IS AWARDED, WHICHEVER OCCURS FIRST; AND (2) WAIVE THE COMPETITIVE REQUEST FOR PROPOSAL/ QUALIFICATION SELECTION REQUIREMENT. WHEREAS,On July 24, 2018, the City of Oakland (City) entered into a security services contract with ABC Security Services Inc. (Resolution No. 87321 C.M.S.) for a term of three years with an option to extend the contract in increments of one year for up to two additional years in an amount not-to-exceed two million, five hundred thousand dollars ($2,500,000.00) for each year of the contract, for a grand total of twelve million, five hundred thousand dollars ($12,500,000.00); and WHEREAS, on July 24, 2022, per Resolution No. 89440 C.M.S., the City Administrator was authorized to extend and increase and amend the contract by one million six hundred thousand dollars ($1,600,000.00) for four months in a total amount not to exceed $1,600,000.00 until the Request for Proposal (RFP) #269336 was completed and awarded; andWHEREAS, on February 21, 2023, per Resolution No. 89604 C.M.S., the City Administrator was authorized to increase and amend the contract by five hundred thousand dollars (500,000.00) per month for up to eight (8) months in a total amount not-to-exceed four million dollars ($4,000,000.00) until the RFP No. 269336 is awarded; and WHEREAS, on November 21, 2023, per Resolution No. 90025 C.M.S., the City Administrator was authorized to increase the contract spending authority to five hundred thousand dollars (500,000.00) per month, in a total amount not-to-exceed three million, five hundred thousand ($3,500,000) through February 2024; andWHEREAS,the current contract expires June 30, 2024 and does not have adequate spending authority left to extend the contract; and
2 ...WHEREAS,additional security requirements for encampment management activities support, city facilities and other various locations throughout the city have exhausted the funds sooner than anticipated; and WHEREAS, the Oakland Public Works Department (OPW), Bureau of Maintenance and Internal Services (BMIS) Facility Services Division (FSD) is responsible for the security of all City facilities; and WHEREAS, the city issued RFP #269336 and staff has prepared an agenda report outlining the process and recommendation to award the contract; and WHEREAS, the city was unable to award a security services contract for RFP #269336 and staff is preparing a subsequent revised RFP for Citywide Security Services for issuance and award; and WHEREAS, by previously increasing the spending authority of the contract by $500,000 per month and extending the contract on a month-to-month basis through June 30, 2024; and WHEREAS, Oakland Municipal code section 2.04.051.A requires the City Administrator to conduct a request for proposals/ qualifications (RFP/Q) process for professional services contracts in excess of $25,000 and Oakland Municipal code 2.04.051.B allows Council to waive the RFP/Q requirement upon finding by the Council that it is in the best interests of the City to do so; and WHEREAS, it is in the best interests of the City for the Council to waive the RFP/Q requirement for this contract because the City wishes to prevent any delay and interruption of the vital and critical security services required at City Hall, Municipal Service Centers and other City facilities; and WHEREAS, the City Council finds that the services provided in this proposed contract are of a professional and temporary in nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; and WHEREAS, funding in the amount of $4,800,993 is budgeted in the FY 2024-25 Midcycle Proposed Budget in the Facilities Services Fund (4400) Project (1005170), and within each requesting City Department; and RESOLVED: That the City Council hereby authorizes the City Administrator to amend ABC Security Services Inc. contract by increasing the contract amount by $500,000.00 on a month-to-month basis, in a total not-to-exceed amount of $8,000,000, through June 30, 2025 or until a new RFP is awarded and the contract is executed; and be it FURTHER RESOLVED: That the requested $500,000 per month contract increaseexceeds the FY 2024-25 Midcycle Proposed per month budget for security services and that Funds shall not be committed beyond the available budgeted amount available in the Facilities Services 3 Fund (4400) Project (1005170), without the prior identification of an alternative available funding source in advance securing additional services.; and be itFURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to amend ABC Security Services Inc. contract by increasing the contract on a month-to-month basis through June 30, 2025 while a subsequent revised RFP for Citywide Security Services is prepared for issuance and award; and be it FURTHER RESOLVED: That pursuant to O.M.C. 2.04.051.A the City Council hereby finds that it is in the best interests of the City to waive the RFP/Q requirement for this contract in order to prevent any delay and interruption of vital and critical security services at City Hall, Municipal service centers and other City facilities and thus so waive this requirement; and be it FURTHER RESOLVED: That ABC Security Services Inc., shall comply with all City contracting and compliance program requirements that apply to this contract, including Local Business Enterprise and Small Local Business Enterprise (LBE/SLBE) participation and which compliance will be verified by the Department of Workplace and Employment Standards; and be it FURTHER RESOLVED: That the contract shall be reviewed and approved by the City Attorney for form and legality prior to execution and placed on file in the Office of theCity Clerk. IN COUNCIL, OAKLAND, CALIFORNIA, PASSED BY THE FOLLOWING VOTE: AYES - NOES ABSENT ABSTENTION ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California