APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION:
1. ACCEPTING AND APPROPRIATING A SUMMER FOOD SERVICE
PROGRAM (SFSP) GRANT FROM CALIFORNIA DEPARTMENT OF
EDUCATION AND THE UNITED STATES DEPARTMENT OF
AGRICULTURE IN AN AMOUNT UP TO $426,870;
2. AUTHORIZING THE CITY ADMINI STRATOR TO NEGOTIATE AND
ENTER INTO PROFESSIONAL SERVICES AGREEMENTS (PSA) WITH
UPTONS, INC. (DBA SCHOOL F OODIES) AND FLO'S FRIENDLY
SCHOOL LUNCHES, INC. FOR FOOD SERVICES TO SUPPORT THE
2026 SFSP;
3. ACCEPTING AND APPROPRIATING ADDITIONAL SFSP FUNDING
FROM ANY SOURCE THAT BECOMES AVAILABLE AND
AUTHORIZING THE CITY ADMINISTRATOR TO AMEND THE ABOVE
PSA’S TO INCREASE AMOUNTS WITHIN THE 2026 SFSP TERM; AND
4. WAIVING THE COMPETITIVE RFP/Q PROCESS LOCAL/SMALL
LOCAL BUSINESS ENTERPRISE PROGRAM REQUIREMENTS
WHEREAS, the City of Oakland (“City”) opera tes a Summer Food Service Program (SFSP) to provide free, nutritious meals to ch ildren and youth during the summer months when school is not in session; and
WHEREAS, the City has been awarded grant funds from the United States Department of Agriculture (USDA) through the Ca lifornia Department of Education (CDE) to operate the 2026 SFSP in an amount up to Four Hundred Twenty-S ix Thousand Eight Hundred Seventy Dollars ($426,870); and
WHEREAS, the City issued a competitive solicitation on January 10, 2025, for qualified food service providers and select ed two vendors - Uptons, Inc. ( dba School Foodies), and Flo’s Friendly School Lunches, Inc. (collectively, the “Contractors”)—to provide food preparation and delivery services for the 2025 SFSP; and
2 WHEREAS, pursuant to 7 CFR § 225.7(b)(7), SFSP ve ndor contracts may be renewed annually for up to four years without re-solicitation; and
WHEREAS, section 2.04.051(B) of the Oakland Muni cipal Code (OMC) authorizes the City Council to waive the competitive RFP/Q selection requirements of OMC section 2.04.051(A) upon a finding that it is in the best interests of the City to do so; and
WHEREAS, the City Council may waive the Loca l/Small Local Business Enterprise (L/SLBE) program requirements pursuant to Part I of Oakland’s L/SLBE Program Guidelines, last amended by Ordinance No. 13825 (Jan. 6, 2025); and
WHEREAS, it is in the best interests oof the City to waive the L/SLBE and RFP/Q requirements because this is a state grant of fe deral funds, which was subject to an appropriate competitive process in 2025 and federal law allows such contracts to be renewed without the requirement that the competitive process be repeated for up to four years;
WHEREAS, the City proposes to exercise this renewal option and enter into professional services agreements with the Contractors for the provision of food preparation and delivery services during the 2026 SFSP term, running fr om May 26, 2026 through August 7, 2026, with initial contract amounts not to exceed Two Hundred Thirteen Thousand Four Hundred Thirty-Five Dollars ($213,435) per vendor, and with the intent to allow the City Adminis trator to adjust the contract amounts and distribution of contract funds with the a bove-named vendors, at the City Administrator’s discretion, based on actual performance and/or services delivered and to allow for amendments or increases to such contracts if additional funding becomes available, without further Council action; and
WHEREAS, the 2026 SFSP is expected to serve approximately 70,000 lunches and 70,000 snacks at more than 45 sites citywide, includ ing libraries, recreation centers, and community partner locations; and
WHEREAS, funding for the 2026 SFSP, including the professional services agreements with Flo’s Friendly School Lunches, Inc. and Up tons, Inc. (dba School Foodies), will be drawn from Department of Agriculture Fund (2102), Youth Services Program Organization (782541), HSD Summer Food FY25 Project (1006933), and, Strengthening Children, Youth & Families Program (YS13); and
WHEREAS, the City Administrator has determined that these professional services agreements are of a professional and temporar y nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; now, therefore, be it
RESOLVED: That the City Council hereby accep ts and appropriates a Summer Food Service Program (SFSP) grant from the California Department of Education and the United States Department of Agriculture in an amount up to Four Hundred Twenty-Six Thousand Eight Hundred Seventy Dollars ($426,870); and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator or designee to enter into profes sional services agreements with Flo’s Friendly School Lunches, Inc. and Uptons, Inc. (dba School Foodies) to provide food services for the 2026 SFSP, with each
3 vendor receiving an amount not to exceed Two Hundred Thirteen Thousand Four Hundred Thirty- Five Dollars ($213,435), for a combined total not to exceed Four Hundred Twenty-Six Thousand Eight Hundred Seventy Dollars ($426,870); and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator to adjust the contract amounts an d distribution of contract funds with the above-named vendors, at the City Administrator’s discretion, based on actual performance and/or services delivered, without returning to the City Council for further authorization; and be it
FURTHER RESOLVED: That for the reasons provided herein and in the accompanying staff report, the City Council finds that it is in the best interests of the City to waive the competitive RFP/Q process and L/SLBE program requirements for the agreements and hereby waives the requirements; and be it
FURTHER RESOLVED: That, the City Council hereby accepts and appropriates any additional funds that may become available from the USDA, CDE, or ot her public or private sources to support or expand the 2026 SFSP, and furt her authorizes the C ity Administrator to amend the above PSAs to increase amounts within the 2026 SFSP term.
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
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