APPROVED AS TO FORM AND LEGALITY
_______________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION:
1. ACCEPTING AND APPROPRIATING GRANT FUNDS FROM THE
ENVIRONMENTAL PROTECTION AGENCY CLEAN HEAVY DUTY
VEHICLES PROGRAM IN THE AM OUNT OF ONE MILLION THREE
HUNDRED SIXTY-FOUR THOUSAND ONE HUNDRED FIFTY-FOUR
DOLLARS ($1,364,154);
2. ACCEPTING AND APPROPRIATING GRANT FUNDS FROM THE
ALAMEDA COUNTY TRANSPORTATION COMMISSION
TRANSPORTATION FUND FOR CLEAN AIR PROGRAM IN THE
AMOUNT OF ONE HUNDRED FOUR THOUSAND DOLLARS ($104,000);
3. AUTHORIZING THE CITY ADMINIS TRATOR TO ENTER INTO A
COOPERATIVE AGREEMENT PURSUA NT TO OAKLAND MUNICIPAL
CODE SECTION 2.04.080 WITH:
(A) TECH EQUIPMENT THRO UGH SOURCEWELL CONTRACT
#110223-THC FOR THE PURCHASE OF ONE REFUSE HAULER IN A
NOT TO EXCEED AMOUNT OF FIVE HUNDRED FORTY
THOUSAND DOLLARS ($540,000);
(B) OWEN EQUIPMENT SA LES THROUGH SOURCEWELL
CONTRACT #093021-ELG FOR TH E PURCHASE OF THREE
ELECTRIC STREET SWEEPERS IN A NOT TO EXCEED AMOUNT
OF TWO MILLION EIGHT HUNDRED FIFTY THOUSAND DOLLARS
($2,850,000);
(C) BEAM GLOBAL THROUGH TH E UNITED STATES GENERAL
SERVICES ADMINISTRATION (GSA) CONTRACT #47QSWA21D0006
FOR THE PURCHASE OF ONE ELECTRIC SOLAR PANEL
CHARGER IN A NOT TO EXCEED AMOUNT OF ONE HUNDRED
TWO THOUSAND EIGHT HUNDRED EIGHTY-FIVE DOLLARS AND
EIGHTY-NINE CENTS ($102,885.89); AND
(D) INCHARGE ENERGY I NC THROUGH SOURCEWELL
2 CONTRACT #051123-INC. TO DESI GN, BUILD, PURCHASE, AND MAINTAIN 15 ELECTRIC VEHI CLE CHARGERS IN AN AMOUNT
NOT TO EXCEED ONE MILLION FOUR HUNDRED THOUSAND
DOLLARS ($1,400,000);
4. APPROPRIATING TWO MILLION SIX HUNDRED THIRTY-FOUR
THOUSAND SIX HUNDRED NI NE DOLLARS ($2,634,609) FROM
AVAILABLE FUND BALANCE IN TH E COMPREHENSIVE CLEAN-UP
FUND (1720) FOR GRANT MATCHING PURPOSES;
5. APPROPRIATING ONE MILLION SIX HUNDRED FORTY-FOUR
THOUSAND ONE HUNDRED SE VENTY-FOUR DOLLARS ($1,644,174) FROM AVAILABLE FUND BALANCE IN THE EQUIPMEN T FUND (4100) FOR GRANT MATCHING PURPOSES; AND
6. ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY
ACT FINDINGS
WHEREAS, the City of Oakland is in the process of replacing its ga soline- and diesel- powered vehicles and equipment with electric vehicles and expanding its electric vehicle charging infrastructure. The projects identified in the accompanying staff report include the replacement of three street sweepers, one refuse truck, an electric solar-powered charger, and the installation of fifteen pedestal-mounted electric vehicle chargers to be installed at the City’s Maintenance Service Center at 7101 Edgewater Drive; and
WHEREAS, the City of Oakland’s fleet must tran sition to alternatively fueled, zero- emission, renewable, or low-carbon fuel-powered vehicles. This transition is being driven by the City policy and guidance provid ed in the Equitable Climate Action Plan (ECAP) and Zero Emission Vehicle (ZEV) Action Plan, as well as State of California Executive Orders and mandates such as the Advanced Clean Fleet (ACF) Rule , Advanced Clean Trucks (ACT) Rule, Innovative Clean Transit (ICT) Rule, and off-road zero em ission regulations currently under development; and
WHEREAS, the cost of these projects is esti mated at $12,015,708. The City has been awarded several grants for these projects totaling $4,844,509, as outlined in Table 3. These grants include the following: Environmental Protection Agency (EPA), Alameda County Transportation Commission (ACTC), Pacific Gas & Electric (PG&E), California Energy Commission (CEC), CEC-Responsive Easy Charging Products with Dynamic Signals (REDWDS); and
WHEREAS, the EPA Clean Heavy Duty Vehicles Program awarded the City a grant in the amount of One Million Three Hundred Sixty-Four Thousand One Hundred Fifty-Four Dollars ($1,364,154); and
WHEREAS, the ACTC Transportation Fund for Clean Air Program awarded the City a grant in the amount of One Hundred Four Thousand Dollars ($104,000);
WHEREAS, the City’s matching share required to accept these grants is $7,171,199. The
3 City currently only has an appropriation for these projects in the amount of $2,892,416. Therefore, an additional appropriation of $4,278,783 is requir ed to complete these projects with $2,634,609 from the Comprehensive Clean-Up Fund 1720 and $1,644,174 from Equipment Fund 4100 as outlined in Table 3; and
WHEREAS, funds for these projects wi ll be used to purchase electric vehicles and equipment, and upgrades to City infrastructure. Purchases include three electric street sweepers, one electric refuse hauler, fifteen electric vehi cles, electric vehicle chargers, and software. The Oakland Public Works, Equipment Services Divi sion has identified cooperative agreements to make these purchases; and
WHEREAS, Oakland Municipal Code (OMC) § 2.04.080 provides that “[w]here advantageous for the City, the City Administrator may purchase supplies or services as defined in Section 2.04.010, through legal contracts of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate compet itive process [...] wit hout further contracting, solicitation, or formal bidding. Cooperative agreements are subject to City of Oakland purchasing and other applicable policies and requi rements set forth in the City’s standard contracts and insurance requirements”; and
WHEREAS, the use of cooperative agreements allows the City to ensure services are uninterrupted, provides the City with access to commodities and serv ices at lower prices, which results in significant cost savings for the City, and significantly shortens the contract cycle because the competitive solicitation pro cess has been completed by anothe r governmental jurisdiction or public agency thereby saving staff time and resources; and
WHEREAS, the City Council finds that to the extent that these agreements are for services of a professional, scientifical or technical nature, the services unde r the contracts are temporary in duration and shall not result in the loss of empl oyment or salary by any person having permanent status in the competitive services; and
RESOLVED: That the City Council hereby accepts and appropriates grant funds from 1) the Environmental Protection Agency in the amount of One Million Three Hundred Sixty-Four Thousand One Hundred Fifty-Four Dollars ($1,364,154) a nd 2) the Alameda County Transportation Commiss
ion in the amount of One Hundred Four Thousand Dollars ($104,000); and be it
FURTHER RESOLVED: That the City Council hereby aut horizes the City Administrator to enter into a cooperative agreement pursuant to Oakland Municipal Code section 2.04.080 with:
(a) Tech Equipment through Sourcewell Contract #110223-THC for the purchase of one refuse hauler in a not to exceed amount of Five Hu ndred Forty Thousand Dollars ($540,000);
(b) Owen Equipment Sales through S ourcewell Contract #093021-ELG for the purchase of three electr ic street sweepers in a not to exceed amount of Two Million Eight Hundred Fifty Thousand Dollars ($2,850,000);
(c) Beam Global through The United States General Services Administration (GSA)
4 Contract #47QSWA21D0006 for the purchase of one electric solar panel charger in a not to exceed amount of One Hundred Two Thousa nd Eight Hundred Eighty-Five Dollars and Eighty-Nine Cents ($102,885.89); and
(d) InCharge Energy Inc through Sourcew ell Contract #051123-INC. to design, build, purchase, and maintain 15 electric vehi cle chargers in an amount not to exceed One Million Four Hundred Thousand Dollars ($1,400,000); and be it
FURTHER RESOLVED: That the City Council hereby appropriates for grant matching purposes 1) Two Million Six Hundred Thirty-Four Thousand Six Hundred Nine Dollars ($2,634,609) from available fund balance in the Co mprehensive Clean-Up Fund (1720) and One Million Six Hundred Forty-Four Thousand One Hundred Seventy-Four Dollars ($1,644,174) from available fund balance in The Equipment Fund (4100); and be it
FURTHER RESOLVED: That the City Administrator or their designee is authorized to complete all required negotiations, execute the ag reements, and take any other action consistent with this Resolution and its basic purpose; and be it
FURTHER RESOLVED : That the agreements and the action being undertaken to implement them are exempt fro m the California Environmenta l Quality Act (CEQA) under the following CEQA Guideline Sections: Section 15060( c)(2) (no direct or reasonably foreseeable indirect physical change in the environment; Sec tion 15061(b)(3) (no signi ficant effect on the environment); Section 15301 (existing facilities); Section 15307 (protection of natural resources); and Section 15308 (protection of the environment). Each of the above exemptions serve as a separate and independent basis for CEQA clearance and, when viewed colle ctively, provide an overall basis for CEQA clearance.
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
3446393v1/SW
5 TABLE 3 - AWARDED INFRASTRUCTURE AND VEHICLE GRANTS
GRANT EQUIPMENT TOTAL ESTIMATED
PROJECT COST
GRANT
AWARD
MATCHING FUND
REQUIREMENT
AVAILABLE
APPROPRIATION
ADDITIONAL
APPROPRIATION
REQUESTED FUND
EPA 3 SWEEPERS AND 1 REFUSE
HAULER 3,202,607 1,364,154 1,838,453 - 1,838,453 1720 TFCA 1 SWEEPER 92,116 90,000 2,116 - 2,116 1720 TFCA 1 SOLAR EV CHARGER 90,000 14,000 76,000 - 76,000 4100 PG&E
CHARGERS
UPGRADE SERVICE, 15
CHARGERS AND PORTION OF
NEW VEHICLE COST
2,193,820 926,238 1,267,582 - 1,267,582 4100 PG&E
VEHICLES
PORTION OF NEW VEHICLE COST
FOR 15 VEHICLES 825,000 30,960 794,040 - 794,040 1720 CEC 100 ELECTRIC CHARGING PORTS 5,286,371 2,300,000 2,986,371 2,892,416 93,955 4100 REDWDS CHARGER SOFTWARE AND 3
CHARGERS 325,794 119,157 206,637 - 206,637 4100 TOTALS: $ 12,015,708 $4,844,509 7,171,199 $ 2,892,416 TOTAL FUND 4100: 1,644,174$
TOTAL FUND 1720: 2,634,609$
GRAND TOTAL: 4,278,783$