APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION AMENDING RESOLU TION NO. 90362 C.M.S. FOR THE FISCAL YEARS 2024-2025 TH ROUGH 2028-2029 TO 1) ADD
MULTIPURPOSE SENIOR SERVICES PROGRAM (MSPP) VENDORS
SHIELD-CALIFORNIA HEALTH CARE CENTER AND TRANSDEV
SERVICES; AND 2) WAIVE TH E COMPETITIVE PROCESS AND
LOCAL/SMALL LOCAL BUSINESS ENTERPRISE PROGRAM
REQUIREMENTS FOR MSPP VENDORS BAY AREA VITAL-LINK,
LIFELINE SYSTEMS, COMMUNITY CARE SERVICES, SAN OAKS
CARING HANDS II, SHIELD-CALIF ORNIA HEALTH CARE CENTER
AND TRANSDEV SERVICES
WHEREAS, on July 16, 2024, the City Council adopted Resolution No. 90362 C.M.S. authorizing the City Ad ministrator to procure MSPP-relate d goods and enter into professional services agreements with Bay Area Vital-Link, Inc., Lifeline Systems Company, Community Care Services, Inc. and San Oaks Caring Hands II LLC; and
WHEREAS, staff did not seek and thus Resolution No. 90362 C.M.S. did not waive the City’s competitive procurement, and Local a nd Small Local Business Enterprise (L/SLBE) requirements applicable to the agreements with Ba y Area Vital-Link, Inc ., Lifeline Systems Company, Community Care Services, Inc., and San Oaks Caring Hands II LLC; and
WHEREAS, Resolution No. 90362 C.M.S. also omitted Shield-Califor nia Health Care Center, Inc. and Transdev Services, Inc.; and
WHEREAS, Oakland Municipal Code (OMC) Section 2.04.051.B permits the City Council to waive the competitive RFP/Q and bidding requirements upon a finding that it is in the best interests of the City to do so; and
WHEREAS, OMC Section 2.04.050.I permits the C ity Council to waive competitive bidding requirements when calling for bids on a competitive basis is impracticable, unavailing, or impossible and in other cases when specifically authorized by the City Council after a finding and determination that it is in the best interests of the City; and
WHEREAS, the City Administrator has determined that the services authorized under Resolution No. 90362 C.M.S. are of a professional, specialized, and temporary nature and shall
2 not result in the loss of employment or salary by any person having perm anent status in the competitive civil service; and
WHEREAS, staff recommends that it is in the best interests of the City to waive the competitive bidding and RFP/Q requirements for Bay Area Vital-Link, Inc., Lifeline Systems Company, Community Care Services, Inc., San Oaks Caring Hands II LLC, Shield-California Health Care Center, Inc., and Transdev Services, Inc. to allow for contract execution and timely payment for goods and services th at support over 369 frail, low-income older adults at risk of nursing home placement; and
WHEREAS, pursuant to Part I of Oakland’s L/ SLBE Program guidelines adopted by Ordinance No. 13825 C.M.S., the City Council may waive L/SLBE requirements upon a finding that it is in the best interests of the City to do so; and
WHEREAS, staff recommends waiving the L/SLBE requirements for the Bay Area Vital- Link, Inc., Lifeline Systems Company, Community Care Services, Inc., San Oaks Caring Hands II LLC, Shield-California Health Care Center, Inc ., and Transdev Services, Inc. to avoid service interruption due to delayed contract executio n, which could place progr am participants at heightened risk and disrupt continuity of care; now, therefore, be it
RESOLVED: That the City Council hereby finds a nd determines that the foregoing recitals are true and correct and are hereby incor porated by reference as is fully set forth herein; and be it
FURTHER RESOLVED: That for the reasons set forth herein and in the staff report accompanying this Resolution and pursuant to Oakland Municipal Code Sections 2.04.050.I and
2.04.051.B, and pursuant to Ordinance No. 13825 C.M.S., that the City Council hereby waives the competitive bidding and RFP/Q and the L/SLBE program requirements, respectively, for the procurements and professional services agreemen ts Bay Area Vital-Link, Inc., Lifeline Systems Company, Community Care Services, Inc., San Oaks Caring Hands II LLC, Shield-California Health Care Center, Inc., and Transdev Services, Inc. finding and determining that it is in the best interests of the City to do so and that calling fo r competitive bids or pr oposals is impracticable, unavailing, or impossible; and be it
3 FURTHER RESOLVED: That except as amended by this Resolution, Resolution No. 90362 C.M.S. remains in full force and effect.
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
3469892v1 / SW