Oakland City Council
May 20, 2025

1 APPROVED AS TO FORM AND LEGALITY CITY ATTORNEY’S OFFICE OAKLAND CITY COUNCILRESOLUTION NO. C.M.S. RESOLUTION: (1) AUTHORIZING THE CITY ADMINISTRATOR TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH HABITAT FOR HUMANITY EAST BAY/SILICON VALLEY, INC. TO PROVIDE LENDING AND CONSTRUCTION MANAGEMENT SERVICES IN SUPPORT OF THE RESIDENTIAL LENDING AND HOME REHABILITATION PROGRAM IN AN AMOUNT NOT TO EXCEED $1,500,000 FROM JULY 1, 2025, THROUGH JUNE 30, 2029; (2) WAIVING THE LOCAL AND SMALL LOCAL BUSINESS ENTERPRISE (L/SLBE) REQUIREMENTS FOR THE PROPOSED AGREEMENT; AND (3) AUTHORIZING THE CITY ADMINSITRATOR TO INCREASE THE NOT TO EXCEED AMOUNT USING ANY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FROM THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) THAT BECOMES AVAILABLE FOR THE PROGRAM DURING THE AGREEMENT TERM, INCLUDING ANY EXTENSION, AND TO EXTEND THE TERM OF THE AGREEMENT FOR UP TO FOUR ADDITIONAL YEARS SUBJECT TO FUNDING AVAILABILTY, WITHOUT RETURNING TO COUNCIL WHEREAS, that City of Oakland Department of Housing and Community Development released a Request for Proposals (RFP) on February 14, 2025, with a submission deadline of March 14, 2025, to obtain proposals from third-party rehabilitation providers to pilot a rehabilitation program to expend unused Community Development Block Grant (CDBG) funds from the U.S. Department of Housing and Urban Development (HUD) and capitalize on economies of scale; and WHEREAS, Habitat for Humanity East Bay/Silicon Valley, Inc. (Habitat) was the sole submitter in connection with the RFP; and 2 WHEREAS, City staff has reviewed Habitat’s submission in connection with the RFP and determined that it meets the guidelines to administer the pilot rehabilitation program; and WHEREAS, the City Administrator has determined that the management and construction services of the City’s existing services of the Residential Lending and Home Rehabilitation Program is to be awarded to Habitat as a third-party administrator, in response to the public RFP process, as they were the sole respondents to the RFP; and WHEREAS, the high-quality services contemplated pursuant to the proposed agreement will provide residents and applicants of the Residential Lending and Home Rehabilitation Programs with critical health and safety housing standards by providing financial and technical assistance to low-income homeowners who are ineligible for traditional financing; ensuring safe housing for residents at risk of hazardous conditions; enabling elderly Oaklanders to age in place through essential repairs and accessibility retrofits; and reducing neighborhood blight by preventing the loss of housing stock to disrepair; and WHEREAS, funding in the amount of $500,000 is available in the Community Development Block Grant Fund (2108), Municipal Lending Organization (89939), Habitat for Humanity – CDBG Project (1004145) to fund the Professional Services Agreement; and WHEREAS, funding for the remaining amount of the professional services agreement is contingent on funding availability and future HUD grant awards for the City’s Revolving LoanProgram Income; and WHEREAS, the City Administrator has determined that this agreement is for services of a professional, scientific or temporary nature; and WHEREAS, the City Administrator has determined that the agreement will not result in a loss of employment or salary by any person having a permanent status in the competitive service; and WHEREAS, the City Council may waive the City’s Local/Small Local Business Enterprise (“L/SLBE”) requirements for the proposed Professional Services Agreement pursuant to Part 1 of Oakland’s Local and Small Local Business Enterprise Program guidelines adopted by Ordinance No. 13647 C.M.S., as Habitat does not meet these requirements and they were the sole respondents to the competitive RFP process; and WHEREAS, if the pilot program is successful, City staff would like to the ability to increase the Professional Services Agreement amount and extend the term of the Agreement subject to the availability of CDBG funding from HUD; now, therefore, be it RESOLVED: That for the reasons stated above the City Council finds it is in the best interest of the City to award Habitat with a Professional Services Agreement to provide lending and construction management services in support of the Residential Lending and Home Rehabilitation Program; and be it FURTHER RESOLVED: That the City Council finds it is in the best interest of the City to waive the L/SLBE Program requirements for the proposed agreement with Habitat for Humanity East 3 Bay/Silicon Valley, Inc., and hereby waives this requirement; and be it FURTHER RESOLVED: That based on the information provided by the City Administrator, the City Council finds that the Professional Services Agreement with Habitat for Humanity East Bay/Silicon Valley, Inc. is of a professional and temporary nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil services; and be it FURTHER RESOLVED: That the City Administrator is authorized to negotiate, enter into, execute, and deliver a Professional Services Agreement with Habitat for Humanity East Bay/Silicon Valley, Inc., in an amount not to exceed $1,500,000 for a term beginning July 1, 2025 and ending June 30, 2029, to provide lending and construction management services in support of the Residential Lending and Home Rehabilitation Program; and be it FURTHER RESOLVED: That the City Administrator is authorized to increase the amount of the Professional Services Agreement with Habitat for Humanity East Bay/Silicon Valley, Inc. using any Community Development Block Grant (CDBG) funding from the U.S. Department of Housing and Community Development (HUD) that becomes available during the agreement term and any extensions and to extend the term of the Professional Services Agreement for up to four (4) additional years subject to funding availability, without returning to Council; 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 to the Professional Services Agreement consistent with this Resolution and its basic purpose; and be it FURTHER RESOLVED: That any agreements authorized pursuant to this legislation shall be reviewed and approved by the office of the City Attorney for form and legality and copies shall be placed on file in the Office of the City Clerk. IN COUNCIL, OAKLAND, CALIFORNIA, PASSED BY THE FOLLOWING VOTE: AYES - BROWN, FIFE, HOUSTON, KAPLAN, RAMACHANDRAN, UNGER, AND PRESIDENT PRO TEMPORE GALLO NOES – ABSENT – COUNCIL PRESIDENT JENKINS (serving as Mayor pursuant to Charter Section 303) ABSTENTION – ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California