APPROVED AS TO FORM AND LEGALITY
_
______________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUT
ION:
(1) APPROVING ONGOING COOPERATIVE PURCHASE AGREEMENTS
EXCEEDING $250,000 FOR OAKLAND PUBLIC WORKS, BUREAU OF
MAINTENANCE AND INTERNAL SE RVICES (FACILITIES SERVICES
DIVISION) COMMODITIES AND SERVICES CONTRACTS AS SET FORTH IN TABLE 1 IN AN AMOUNT NOT TO EXCEED THREE MILLION FIVE HUNDRED THOUSAND ($3,500,000) DOLLARS; AND
(2) ADOPTING APPRO PRIATE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FINDINGS
WHEREAS, the Facilities Services Division (FSD ) of Oakland Public Works (OPW) is responsible for performing preven tive maintenance of equipment, infrastructure and/or building components of over 300 City facilities and properties citywide. Preventive maintenance consists of conducting inspections and assessment, cleaning, maintenance, service and repair of said equipment, infrastructure and/or building components to ensure life safety standards for users including staff and the public at City facilities or properties; and
WHEREAS, to support the essential and required cr itical preventative maintenance of equipment, infrastru cture and/or building/facility com ponents, the division must procure commodities and service from various vendors to remain in co mpliance with local and state codes and regulations, and ensure servic es are continuous and uninterrupt ed and, it is esse ntial the City maintain valid contracts with sufficient capacity for use at any time; and WHEREAS, without the ability to conduct essential and required preventative maintenance utilizing the procurement of these commodities and services through Cooperative Agreement contracts the City would be subject to significant liability and forced to shut down and/or close non- compliant facilities and properties used by City staff, residents of Oakland, and the public; and WHEREAS, Oakland Municipal Code (OMC) § 2.04.080 provides that “[w]here advantageous for the City, the City Administrator may purchase supplies or se rvices as defined in Section 2.04.010, through legal contracts of other governmental jurisdictions or public agencies that were awarded pursuant to an appropriate competi tive process [...] without further c ontracting,
2 solicitation, or formal bi dding. Cooperative agreements are subj ect to City of Oakland purchasing and other applicable policies a nd requirements 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 services at lower prices, which results in significant cost savings for the City, and significantly shortens the contract cycle because the competitive solicitation process has been co mpleted by another governm ental jurisdiction or public agency thereby saving staff time and resources; and
WHEREAS, per Oakland Municipal Code (OMC ) 2.04.030 the City Council may award any purchase orders or contracts in excess of City Administrator’s Authority; and
WHEREAS, the City Council passed Resolution 89845 C.M.S. on July 18, 2023, Resolution 90007 C.M.S. on December 5, 2023, Resolution 90154 C.M.S. on March 19, 2024, Resolution 90212 C.M.S. on May 7, 2024, and Resolution 90704 C.M.S approving ongoing cooperative agreements exceeding $250,000 for commodities and services contracts; and
WHEREAS, the Oakland Public Works, Bureau of Maintenance and Internal Services (Sewer Division) has since identified three esse ntial cooperative agreemen t contracts (listed on Table 1 ) that were competitively awarded by another governmental entity or public agency in compliance with OMC § 2.04.080 and that now requi re capacity increase for City Council’s consideration; and
WHEREAS, staff seeks City Council approval pursuant to OMC § 2.04.030 of the ongoing cooperative agreements set forth in Table 1, which exceed $250,000 in value, as listed in Table 1, for the purpose of increasing the value of contracts by an amount no t to exceed three million five hundred thousand ($3,500,000) dollars for a total potential maximum contract value of five million four hundred and fifty thousand ($5,450,00) dollars as set forth in Table 1; and
WHEREAS, there is no minimum commitment to any awarded contract and thus the maximum potential contract valu e may not be reached, funds will not be committed beforehand unless funding is identified, and the contractor will have the right to accept or reject any proposed contract extension; and
WHEREAS, the contracts will be funded primarily by Fund 4400 (Facilities Service Fund), Organization (TBD), Project (T BD), Program (TBD) and other funding from various specified requesting Departments, for the next two fiscal years from FY25-26 to FY26-27 and the funding and use of these contracts is subject to the availability of Council authorized appropriations and Budget Office’s funding availability analysis performed at the time a standard purchase order request submission or before funds are encumbered; and
WHEREAS, staff recommends that the City Council adopt a resolution approving ongoing cooperative purchase agreements exceeding $250,000 for Facilities Services Division commodities and services contracts as set forth in Table 1 in
an amount not to exceed three million five hundred
3 thousand ( $3,500,000) dollars, and adopting a ppropriate California Envi ronmental Quality Act (CEQA) findings; now, therefore, be it
RESOLVED: That the City Council approves and to the extent necessary awards the ongoing cooperative purchase agreements exceed ing $250,000 for commodities and services set forth in Table 1, for an amount not to exceed those amounts listed in Table 1, pursuant to OMC §
2.04.030(a); and be it
FURTHER RESOLVED: That the agreements and the action being undertaken to implement them are exempt from the Californi a Environmental Quality Act (CEQA) under the following CEQA Guideline Sections: Section 15060( c)(2) (no direct or reasonably foreseeable indirect physical change in the environment); Section 15061(b)(3 ) (no significant effect on the environment); Section 15301 (existi ng facilities); Section 15307 (protection of natural resources); Section 15308 (protection of the environment); and Section 15309 (inspections), each of which provides a separate and indepe ndent basis for CEQA clearance and when viewed collectively provide an overall basis for CEQA clearance; and be it
FURTHER RESOLVED: That the City Administrator or their designee is authorized to increase the value of the ongoing coopera tive purchase agreemen ts exceeding $250,000 for commodities and services as set forth in Table 1, for an amount not to exceed three million five hundred thousand ($3,500,000), pursuant to OMC § 2.04.030(a); and be it
FURTHER RESOLVED: That City Administrator must report back to Council on any contract adjustments and any further increa ses beyond this amount require additional Council approval; and be it
FURTHER RESOLVED: That the City Administrator or their designee is authorized to complete all required negotiations, execute agreements, and take any other action consistent with this Resolution and its basic purpose.
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
3450202v1/SW
4 Table 1, Proposed Oakland Public Works, Bureau of Maintenance and Internal Services (Sewer
Division) Ongoing Cooperative Agreements to Increase Contract Value Contract No. Supplier
Original
Contract
Amount
Expires Used
Amount Balance Increased
Proposed
New
Proposed
Contract
Value
Services/Commodities
Provided
2025001432
Chain
Link
Fence
250,000.00 4/25/2027 $246,980 $3,020 $1,000,000 $1,250,000 Fence and Security
Supplies/Materials Repair
2024007658 Johnson
Controls 250,000.00 4/22/2026 $241,913 $8,087 $500,000 $750,000 Fire and Security Alarm
Panel and System Controls
Supplies/Materials, Service
and Repairs
2023002207 KONE
INC
1,200,000.00 9/30/2027 $1,185,147 $14,853 $1,500,000 $2,700,000 Elevator
Supplies/Materials, Service
and Repair
2025009062 Sentry
Alarm 250,000.00 4/21/2026 $125,740 $124,259 $500,000 $750,000 Fire and Security Alarm
Panel and System Controls
Supplies/Materials,
Services and Repair
Total $1,950,000 $1,799,780 $150,219 $3,500,000 $5,450,000