APPROVED AS TO FORM AND LEGALITY
________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. _______________ C.M.S.
RESOLUTION 1) AUTHORIZING THE CITY ADMINISTRATOR TO
EXTEND THE PROFESSIONAL SERVICES AGREEMENT WITH
CENTRO LEGAL DE LA RAZA FOR PROVISION OF
REPRESENTATION SERVICES TO LOW- AND MODERATE-INCOME
TENANTS AT RENT ADJUSTMENT PROGRAM PETITION
PROCEEDINGS FOR A ONE-YEAR TERM FROM OCTOBER 1, 2025
THROUGH SEPTEMBER 30, 2026, IN THE AMOUNT OF $250,000,
RENEWABLE AT THE CITY ADMINISTRATOR’S OPTION FOR UP TO
THREE ADDITIONAL YEARS FOR A TOTAL CONTRACT AMOUNT
NOT TO EXCEED $1,000,000; AND (2) WAIVING THE COMPETITIVE
RFP/Q AND SMALL LOCAL BUSINES ENTERPRISE PROGRAM
REQUIREMENTS
WHEREAS, on June 9, 2023, staff released a Request for Proposals (RFP) for representation services of low- and moderate-income tenants at Rent Adjustment Program (RAP) petition proceedings and Housing, Residential Rent and Relocation Board (HRRRB) appeal proceedings (collectively, RAP Proceedings) pursuant to the City of Oakland’s contracting procedures for two years for a contract amount of $500,000, renewable at the City’s option for another two years at the City’s sole discretion. Centro Legal de la Raza (CLR) responded and submitted a proposal that met the RFP requirements; and
WHEREAS, on September 19, 2023, the City Council authorized a contract with CLR for provision of representation services to low- and moderate-income tenants at RAP Proceedings in the amount of $250,000 from October 1, 2023, through September 30, 2024, renewable at the City Administrator’s option for one additional one-year term not to exceed $250,000; and
WHEREAS, on April 24, 2024, the City then executed a contract with CLR for provision of representation services to low- and moderate-income tenants at RAP Proceedings in the amount of $250,000 from October 1, 2023, through September 30, 2024; and
WHEREAS, on October 28, 2024, the City Administrator, exercising the City’s option to extend the contract, signed a contract amendment extending the contract with CLR from October 1, 2024 through September 30, 2025; and
WHEREAS, funding for the first two years of the contract in the amount of $500,000 is included in the Fiscal Year (FY) 2025-27 Adopted Biennial budget in Rent Adjustment Program
2 Fund (2413), Residential Rent Arbitration Organization (89969), Third Party: Grant Contracts Earned Account (54912), Rent Arbitration P180020 Project (1001110), and that funding for the three option years in the amount of $750,000 is contingent upon funding availability and the adoption of the future budget cycles; and
WHEREAS, the total contract amount of $1,000,000 will be charged to the Rent Adjustment Program Fund (Fund 2413), which is restricted to use by the RAP by Ordinance No. 21517 C.M.S.; and
WHEREAS, RAP has an ongoing need for representation services of low- and moderate- income tenants at RAP Proceedings; and
WHEREAS, Oakland Municipal Code (OMC) Section 2.04.051 generally requires a competitive Request for Proposals/Qualifications (“RFP/Q”) process for professional services contracts exceeding $50,000; and
WHEREAS, OMC Section 2.04.051.B allows the City Council to waive the RFP/Q requirements upon a finding that it is in the best interest of the City to do so; and
WHEREAS, the City Council may waive the Small Local Business Enterprise (SLBE) program requirements pursuant to Part I of Oakland’s Local/Small Local Business Enterprise Program Guidelines, last amended by Ordinance No. 13825 (Jan. 6, 2025); and
WHEREAS, waiving the RFP/Q and SLBE program requirements will secure the continuity of services offered by CLR, which is a certified local not for profit business but not a “small local” and has the capacity and experience and has successfully and continually partnered with the City to provide those services to low-income tenants since 2013; and
WHEREAS, the City Administrator recommends waiving the RFP/Q and SLBE requirements for the contract with CLR and authorizing a one year contract, with an option to renew for up to three years, in the amount not to exceed $250,000 per year starting on October 1, 2025 and through September 30, 2026, for the first year; and
WHEREAS, the City Administrator has determined that the services to be provided pursuant to the agreement authorized hereunder are of a professional, scientific or technical nature and are temporary and shall not result in the loss of salary or employment by any person having permanent status in the competitive civil service; now, therefore, be it
RESOLVED: That the City Administrator is authorized to extend the professional services agreement with CLR for provision of representation services to low- and moderate- income tenants at RAP Proceedings for one year with an option to renew for up to three years in the amount of two hundred fifty thousand dollars ($250,000) per year, starting on October 1, 2025 through September 30, 2026, for the first year, for a total contract amount not to exceed one million dollars ($1,000,000); and be it
FURTHER RESOLVED: That pursuant to OMC section 2.04.051 and, for the reasons provided herein and in the accompanying staff report, the City Council finds that it is in the best
3 interests of the City to waive the competitive RFP/Q process and the SLBE program requirements for the agreement and hereby waives the requirements; and be it
FURTHER RESOLVED: That the City Administrator is authorized to adjust and/or reallocate the per contract year amount of two hundred fifty thousand dollars ($250,000) based on operational needs and to modify, extend or amend the professional services agreement without increasing the total contract cost without return to Council.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST: ASHA REED City Clerk and Clerk of the Council of the City of Oakland, California 3440109v2/SW