APPROVED AS TO FORM AND LEGALITY
_______________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. C.M.S.
RESOLUTION:
(1) APPROVING ONGOING COOPERATIVE PURCHASE AGREEMENTS
EXCEEDING $250,000 FOR OAKLAND PUBLIC WORKS, BUREAU OF
MAINTENANCE AND INTERNAL SE RVICES (SEWER DIVISION)
COMMODITIES AND SERVICES CONTRACTS AS SET FORTH IN TABLE 1 IN AN AMOUNT NOT TO EXCE ED TWO MILLION TWO HUNDRED
THOUSAND ($2,200,000) DOLLARS; AND
(2) ADOPTING APPROPRIATE CALIFORNIA ENVIRONMENTAL QUALITY
ACT (CEQA) FINDINGS
WHEREAS, the Sewer Services Division of Oakla nd Public Works is responsible for performing preventive maintenance to over 932 miles of sewer main s, ranging from six inches to over 66 inches in diameter. Preventive maintenance consists of closed-cir cuit television (CCTV) inspections, cleaning, and performan ce of minor repairs. The City is currently operating under a Federal Consent (Case Number C09-00186-RS and C09-05684-RS) requiring the City to clean 184 miles and inspect (CCTV) 94 miles of sanitary sewer pipe each year; and
WHEREAS, to support these mandated critical operations, the division must procure commodities and service from various vendors and to remain in compliance with the Federal Consent Decree and ensure services are uninterrupted, it is essential the City maintain valid contracts with sufficient capacity for use at any time; 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, 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
2 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, City Council adopted 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 approv al pursuant to OMC § 2.04.030 of the cooperative agreements set forth in Table 1, which exceed $250,000 in value as listed in Table 1, and are ongoing; and
WHEREAS, the contracts will be funded by Fund 3100 (Sewer Service Fund), Organization (TBD), Project (TBD), Program (TBD), for the next two fiscal years from FY25-26 to FY26-27 and the funding and use of these contracts is subj ect to the availability of Council authorized appropriations and Budget Office’s funding availability analysis pe rformed at the time a standard purchase order request submission or before funds are encumbered; and
WHEREAS, there is no minimum commitment to any awarded contract, 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, staff recommends that the City Council adopt a resolution approving ongoing cooperative purchase agreements exceeding $250,000 for Sewer Division commodities and services contracts as set forth in Table 1 in an amount not to exceed two million two hundred thousand ($2,200,000) dollars, and adopting appropriate Calif ornia Environmental 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
3 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 th e environment); Section 15061(b)(3 ) (no significant effect on the environment); Section 15301 (existi ng facilities); Section 15307 (pro tection 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 $2,200,000, 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
344748v1/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/Comodities
Provided
2023006566
PACE SUPPLY
CORP $ 750,000 9/30/27 $737,298 $12,702 $550,000 $1,300,000 Industrial & Irrigation
Plumbing Supplies-Clay
Pipe
2026002203
GOLDEN BELL
PRODUCTS INC $ 250,000 6/30/26 $101,481 $148,519 $220,000 $470,000 Sewers Roach Control
(Insecta Product) Treatment
2024001618 CD & POWER $ 230,000 3/26/27 $225,415 $4,585 $200,000 $430,000 Generator Services &
Maintenance
Total $1,230,000 $1,064,197 $165,806 $970.000 $2,200,000