west oakland job resource center...3. contract compliance officer: vivian inman,...

___________________________________________________________________

Deanna Santana, City Administrator

REQUEST FOR PROPOSAL

(RFP)

For

West Oakland Job Resource Center

CITY PROJECT NO 4540

Office of Economic and Workforce Development

250 Frank H. Ogawa Plaza, 3rd

Floor Suite 3315

Oakland CA 94612

April 2013

REQUEST FOR PROPOSAL (RFP) – (West Oakland Job Resource Center)

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TABLE OF CONTENTS

I. INTRODUCTION........................................................................................1-4

II. SCOPE OF SERVICES ...............................................................................4-9

III. PROPOSAL ..................................................................................................9

A. General information .....................................................................9-21

B. Submittal Requirements ..............................................................21

C. Required Proposal Elements and Format ..................................21-22

D. Rejection of Proposal Elements ...................................................22-23

E. Evaluation of Proposals ................................................................23-26

F. Review Process ..............................................................................26-27

G. Appeal…………………………………………………………….28

H. Contract Negotiations and Award...............................................29

IV. ATTACHMENTS

A. Sample Professional Services Agreement ...................................30-49

B. Schedule Q (Insurance Requirement) .........................................50-53

C. Schedules (Required with submission)……………………….…54-56

Schedule E - Project Consultant Team

Schedule O - Campaign Contribution Limits

V. APPENDICES

A. Appendix 1: Cooperation Agreement (14 pages)

B. Appendix 2: Community Jobs Policies (45 pages)

C. Appendix 3: Budget Template ( 1 page)

The following standard schedules will be collected from the successful proposer

prior to full contract execution and may be viewed at:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/

index.htm or at 250 Frank H. Ogawa Plaza Suite 3341, Oakland, CA Contracts and

Compliance Division. Also request a copy by email [email protected]

Combined Schedules C-1, P, U, V

Declaration of Compliance with Americans with Disabilities Act

Nuclear Free Zone Disclosure

Compliance Commitment Agreement

Affidavit of Non-Disciplinary or Investigatory Action

Single Schedules

Schedule B-2 – Arizona Resolution Declaration of Compliance

Schedule D - Ownership, Ethnicity and Gender of Prime and Employees

Schedule K – Pending Dispute Disclosure

Schedule M - Independent Consultant Questionnaire, Part A

Schedule N - Declaration of Compliance - Living Wage Ordinance

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm


mailto:[email protected]


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Schedule N-1 Equal Benefits Declaration of Non-Discrimination

Schedule Q - Insurance Requirement


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1

I. I N T R O D U C T I O N

This Request for Proposal (RFP) is being issued by the City of Oakland, Office of

Economic and Workforce Development.

MANDATORY Pre-proposal Meeting, Date and Time: Friday, April 26, 2013 at

11:00 AM at Hearing Room 3, 1 Frank H. Ogawa Plaza, 1st Floor, Oakland, CA 94612.

PLEASE NOTE: Failure to attend a mandatory pre-proposal meeting will render

a proposer non-responsive and the proposal will be rejected

Deadline for questions: 4:00 PM, Friday May 10, 2013. Questions may be submitted

by email to [email protected] and /or [email protected]. No questions

will be answered by phone or in person. All questions and responses will be posted in

the online discussion on iSupplier within 3 working days. All responses will be posted

by May 15, 2013.

Due Date and Time: Tuesday, May 21, 2013 at 2:00 PM

Deliver To: Office of the City Administrator, Contracts and Compliance Division,

250 Frank Ogawa Plaza 3rd

Floor, Suite 3341, Oakland, Ca 94612

Phone: (510) 238-3190

Proposals Must Be Received and Time Stamped by Contracts and Compliance Staff No

Later Than - 2:00 P.M.

The Contractor shall be required to comply with all applicable City programs and

policies. Details are presented in the project documents and will be discussed at the pre-

proposal meeting, i.e., Equal Benefits Campaign Contribution Post-project

Contractor Evaluation Prompt Payment Arizona Boycott and 50% L/SLBE

Dispute Disclosure. In addition, descriptions and policies are available online at

(http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/policies/index.

htm)

Contractors that wish to participate in the RFP process are required to register in

iSupplier. Free copies of the RFP documents and Addenda are available in iSupplier.

Hard copies will NOT be available for purchase from the City. Consult the City website

for the Plan Holder list.

1. iSupplier Registration/Login:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/index.htm

2. iSupplier Plan Holders List:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/Constructio

n/index.htm



http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/policies/index.htm

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/policies/index.htm

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/index.htm

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/Construction/index.htm

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/Construction/index.htm


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Contact Information: The following City staffs are available to answer questions

regarding this RFP.

1. Program Analyst: Elinor Buchen at [email protected] or Al Auletta at

[email protected]

2. Contract Admin: Paula Peav at [email protected] or (510) 238-3190

3. Contract Compliance Officer: Vivian Inman, [email protected], (510)

238-6261

The City of Oakland is issuing this Request for Proposals (RFP) to operate a West Oakland Job

Resource Center to facilitate the training and placement of workers in construction careers, and

to help contractors meet the 50% local employment policy at the Oakland Army Base

redevelopment project. The contract will be for Fiscal Years 2013-14 and 2014-15. Funding is

estimated at $300,000 per year. The selected operator must be a 501(c) (3) non-profit

organization.

a) Background on West Oakland Job Resource Center

The concept of a West Oakland Job Resource Center was developed as part of the negotiation

of community benefits for the Oakland Army Base redevelopment project. The redevelopment

of the Oakland Army Base into a large-scale working waterfront project is a multi-year, multi-

phase project, which will generate short-term construction employment which can lead to

careers in the building trades, as well as long-term employment in the Transportation,

Distribution and Logistics sector.

While facilitating the preparation and referral of workers for jobs at the Oakland Army Base

development project is a major component of the Job Resource Center, its mission is more

broadly defined as facilitating the preparation and placement of traditionally disadvantaged

workers in the construction sector, in the short-term, and in the transportation, distribution and

logistics sector in the long-term. The Center’s focus for the first two years will be on the

construction industry.

b) Oakland Army Base Project (Oakland Global) and Community Jobs Policies

Located at the base of the Bay Bridge on the North, East Bay MUD on the east, Port of

Oakland Outer Harbor to the west, and existing UP and BNSF rail yards to the south, the 330-

acre former Oakland Army Base is at a nexus of maritime, rail and highway transportation.

After a decade of strategic planning for the redevelopment of the base and the surrounding

lands, the City has approved a Lease Disposition and Development Agreement (LDDA) to

transform the former base into a world class intermodal trade & logistics center. The key

components of the project are:

Intermodal Rail Terminal

7th Street Grade Separation





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Improved Marine Terminal Connections

Warehousing & Logistics Facilities

Community Jobs Policies

In July 2012, the Oakland City Council approved a set of community benefit policies to ensure

that there would be employment opportunities for Oakland residents during the construction

and operations phases of the Oakland Army Base project. The Community Jobs Policies

include:

A 50% local hire requirement for construction and operations jobs. For operations jobs,

a preference will be given first to West Oakland residents and secondly, to Enterprise

Zone residents.

A “ban the box” policy to ensure that background checks are not used to discriminate

against ex-offenders.

For construction work, 20% of all construction hours will be worked by apprentices.

All new apprentices will be Oakland residents. One new apprentice is required for

every 20,000 hours of construction work.

For the operations jobs, 25% of permanent operations jobs will be reserved for

disadvantaged workers, including but not limited to re-entry clients, TANF recipients,

dislocated workers, long-term unemployed, unemployed veterans, and the disabled.

The City also entered into a Cooperation Agreement with community stakeholder

organizations and labor, which states that the City will take the lead in the development and

implementation of a West Oakland Job Resource Center to support contractors and employers

in meeting the project’s 50% local hiring goals. The Cooperation Agreement also requires that

the City establish an Oversight Commission consisting of representatives from the Oakland

and West Oakland communities, organized labor, government, and employers to assist with

monitoring and enforcement of the Community Jobs Policies.

The Cooperation Agreement and Community Jobs Policies are included as Appendix 1 and

Appendix 2.

c) Sector Focus: Construction

The West Oakland Job Resource Center seeks to be in alignment with the Oakland Workforce

Investment Board’s Strategic Plan and general best practices in Workforce Development,

which encourage the development of sector-focused workforce development strategies.

Knowing about the economic trends of critical industries and creating opportunities to meet the

employment needs of businesses are keys to better employment outcomes. The ultimate goal

of working with employers in a given sector is to provide the industry with a workforce that

has the skills that match their demand. This RFP is for a construction-focused program.


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4

The construction sector experienced significant job losses during the recession and the collapse

of the housing market. However, it is currently rebounding and the employment in the sector is

expected to increase. According to the East Bay Economic Development Alliance’s most

recent Regional Intelligence Report, construction employment in the East Bay increased by

10% between the last quarter of 2011 and the last quarter of 2012.

Construction, particularly union construction work, can offer relatively high wage careers with

opportunities for advancement. Average wages for first period apprentices in the building

trades range from $18-$25 per hour. Workers who complete apprenticeship programs and

become journey workers can expect to earn anywhere from $30 to upwards of $60-70 per hour

depending upon the craft and number of years of experience. Union construction workers also

receive health benefits and pensions.

The construction of the Army Base project is a roughly $500 million project. This includes

both horizontal (publicly-funded infrastructure) construction as well as the vertical (privately

funded) construction. The types of positions will range from entry-level apprentices and

laborers to highly skilled and experienced journey workers. The first phase of employment is

expected to begin in May 2013. The demand for workers will increase once the vertical

construction commences, which is anticipated in phases starting in 2015.

In addition to the Oakland Army Base project, there are other major projects in progress or

expected to begin in the next few years such as the Oakland Airport Connector, the Kaiser

development, and the Oak to Ninth development. The Port of Oakland will begin construction

work on its portion of the Oakland Army Base project soon. Oakland Unified School District

and the Oakland Housing Authority are also planning major construction projects in the next

few years. The Job Resource Center is expected look broadly for employment opportunities for

qualified job seekers.

d) Workforce Investment Act One-Stop Neighborhood Career Center

The West Oakland Jobs Resource Center is planned for location on the Second Floor of the

West Oakland Library. A Workforce Investment Act (WIA)-funded One-Stop Neighborhood

Career Center will be co-located in the upstairs of the library. The Career Center will provide

access to computers and job-searching tools, basic job skills workshops, one-on-one career

counseling and case management, and access to funds for training and/or supportive services.

A non-profit operator is expected to be selected by June 2013, with service delivery beginning

in Fall of 2013. The selected operator of the WIA Neighborhood Career Center will partner

with the operator of the Job Resource Center to provide seamless service and referrals to job

seekers and employers.

II. SCOPE OF SERVICES

The City of Oakland seeks to create a world-class workforce collaborative dedicated to

reducing poverty and improving social justice in Oakland by expanding career opportunities


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for under-served residents. The mission of the West Oakland Job Resource Center is to help

Oakland residents access jobs in career pathways in the Construction and Transportation,

Distribution and Logistics sectors and support contractors’ and operators’ efforts to hire, train

and retain local workers. The Job Resource Center is expected to be located on the second floor

of the West Oakland Library at 1801 Adeline Street, Oakland CA 94607. (Alternative locations

may be identified in proposal submissions).

Guiding Principles for the Job Resource Center

Respect for all clients being served

Responsiveness to employers, labor unions and job-seeker needs

Accountability to all stakeholders

Economic self-sufficiency for all job-seekers and workers

Collaboration with all stakeholders

Constant improvement based on feedback from employers, labor unions and job-

seekers

Through this solicitation, The City of Oakland will identify a contractor who will be

responsible for the following major work components:

Component 1: Employer Services

Worker Recruitment, Screening and Referral

a) Provide a single point of contact for employers and respond to requests for information

from employers on a timely basis.

b) Meet with employers (contractors, sub-contractors, lessees, operators) to gather

information on the number and type of job openings, the timelines and procedures for

hiring workers, and the qualifications needed.

c) Build relationships with union business representatives, contractors and business

operators to develop and maintain an effective placement process.

d) Receive notifications of job opportunities from employers.

e) Conduct specialized recruitment for specific openings.

f) Coordinate with Building Trades and Joint Apprenticeship and Training Committees to

perform skills assessments for skilled workers that are not union members.

g) Refer pre-screened, qualified workers to employers in response to notifications of job

opportunities.

h) Pre-screen candidates, providing (or referring candidates to) services such as pre-

interviews, in-depth assessments and other services.

i) Meet and confer with employers after any large hiring process, and on a regular basis to


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address any placement issues.

Determination of Worker Eligibility for Targeted Programs

a) Educate employers about incentive programs such as the Enterprise Zone tax credit

program, the Work Opportunity Tax Credit, WIA-funded On-the-Job Training funds

and others.

b) Provide workers that have been pre-screened and certified as eligible for such

programs.

Army Base Project Services

a) Fully understand and implement the Community Jobs Policies for the Oakland Army

Base project regarding the provision of qualified employees for construction and

operations positions.

b) Provide technical support to employers, to assist them in complying with the

Community Jobs Policies and the Cooperation Agreement.

c) Work with employers, union representatives and Division of Contract Compliance staff

to address areas of ambiguity or problems with referral process.

Employer/Union Advisory Committee

a) Convene a sector-focused employer and union advisory group to plan for

implementation, review progress in meeting benchmarks and goals, adopt ‘course

corrections’, if needed, and identify ways to improve training opportunities, jobs

placements and retention.

Retention Assistance

a) Assist employers with issues related to specific employees to encourage retention of

local employees, assistance may include referral to conflict mediation services,

supportive services or assigning a mentor for the employee.

Ongoing Workshops and Trainings

a) Coordinate ongoing workshops and trainings for employers to assist with recruitment,

management and retention of local workers.

Component 2: Job Seeker Services

Recruitment, Referral, Retention

a) Conduct intake procedure including orientation to jobs available at Oakland Army

Base, orientation to other services at the Job Resource Center, and basic skills

assessment.


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b) Recruit jobseekers in Oakland for job opportunities on Oakland Army Base and other

projects.

c) Provide counseling and career planning assistance for job- ready candidates.

d) Refer qualified workers to Project employers in response to notifications of job

opportunities.

e) Assist local employees with job-site issues, and act a resource for employees and job-

seekers.

Construction Focused Services

a) Provide up-to-date information regarding qualifications, testing and start dates for

relevant apprenticeship programs.

b) Connect job seekers to appropriate training programs including community-based, pre-

apprenticeship, apprenticeship and community college training programs.

c) Work with pre-apprentice programs, community-based training organizations, Joint

Apprenticeship and Training Committee and the City to move applicants into

construction trades and onto job sites.

Referrals for Service

a) Provide referrals to supportive services such as general employment services, childcare,

educational programs, mental health services etc.

b) Develop meaningful referral processes so that job seekers that are not eligible or job

ready for the Center’s services are referred to the appropriate resource.

Component 3: Collaboration and Coordination

a) Develop a coordinated service delivery system with the co-located, WIA-funded

Neighborhood Career Center.

b) Communicate with other WIA One Stop Centers to provide information about the jobs

and worker qualifications needed at the Oakland Army Base and other construction

projects.

c) Coordinate with the Oakland Workforce Investment Board and Alameda County

Workforce Investment Board and participate in citywide and regional plans to align

jobs services and create career pathways in construction.

d) Build relationships with high schools, community colleges, community groups, social

service providers, conflict mediators and others to assist with worker needs.

e) Develop relationships with a broad-range of workforce and community programs in

order to be able to identify qualified candidates for openings where the Resource Center


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may not have a match.

Component 4: Marketing and Outreach

a) Develop marketing materials geared towards job seekers, employers, service providers

and the general public to provide information about the Center’s services and recruit

employers and job-seekers.

b) Attend community meetings and industry events, visit job sites and training centers,

and conduct other outreach activities to ensure that all stakeholders are aware of the

Resource Center’s services.

c) Provide Master Developer (California Capital Investment Group) with regular updates

and information for posting on the OaklandGlobal project website.

Component 5: Data Tracking/Analysis/Quality Assurance

a) Maintain confidential case files on each client including residency and tax credit

eligibility, assessments, referrals and case notes.

b) Enter all job seekers’ information in the job-seeker database.

c) Track and report on the following information:

o Clients/employers served

o Job referrals/placements

o Applications into Construction trade unions

o Clients accepted into pre-apprenticeship programs

o Referrals to other services

o Clients completing pre-apprenticeship training

o Percentage of employer clients return for service

o Ratio of referrals to hires

o Percentage of workers retained beyond initial project

o Workers’ wages

o Cost per placement

o Cost per person served.

d) Track and analyze demographic info such as zip code, ethnicity, veterans, in order to

determine how well the Center is serving various groups.

e) Work closely with Contract Compliance staff to fully align placement and payroll data

for the Army Base project.

f) Conduct analysis of worker data to determine barriers to local employment and career

advancement of Oakland residents.

g) Provide information requested by the Oversight Commission (for the Oakland Army

Base Project) on a timely basis.


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h) Participate in negotiated compliance plan implementation when necessary.

i) Create feedback loops through real-time customer satisfaction surveys with employers,

unions, job seekers, community groups and other stakeholders to evaluate and improve

the work of the Center.

j) Create methods for tracking and improving business and job-seekers customer service

such as surveys and focus groups.

Performance

The Job Resource Center provider’s performance will be evaluated by Workforce

Development staff and the Community Jobs Oversight Commission based on both quantitative

(such as number clients served, number of job placements, training referrals, training

completions and wage increases) and qualitative data (such as surveys of employers and job-

seekers). Key questions for evaluation include:

Are employers being provided with skilled workers in a timely fashion?

Is the Resource Center responsive to employer needs related to recruitment,

placement and retention of workers and/or compliance with the Community Jobs

Policies?

Is the Resource Center serving traditionally under-served populations?

Do clients understand the job opportunities available at Oakland Army Base, the

training requirements and the role of the Job Resource Center in assisting both

contractors and job seekers?

Are clients being connected to services they need in order to successfully access or

maintain employment?

Are workers seeing any wage gains after placement?

Are job seekers gaining skills for career advancement?

Are data being tracked and shared in a clear and appropriate way?

III. THE PROPOSAL

A. GENERAL INFORMATION

1. The successful proposer selected for this service shall obtain or provide

proof of having a current City of Oakland Business tax Certificate.

2. The City Council reserves the right to reject any and all bids.

3. Local and Small Local Business Enterprise Program (L/SLBE)

a) Requirement – For Professional Services, 50% Local and Small

Local Business Enterprise Program (L/SLBE): there is a 50%

minimum participation requirement for all professional services

contracts over $50,000. Consultant status as an Oakland certified local


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or small local firm and subcontractor/subconsultant status as

an Oakland certified local or small local firm are taken into account in

the calculation. The requirement may be satisfied by a certified prime

consultant and/or sub-consultant(s). A business must be certified by

the City of Oakland in order to earn credit toward meeting the fifty

percent requirement. The City has waived small local business

enterprise (SLBE) subcontracting requirements for Oakland certified

local businesses that apply for professional services contracts as the

prime consultant with the City. The SLBE requirements still applies

for non-certified LBEs and non-local business enterprises.

b) Good Faith Effort - In light of the fifty percent requirement, good faith

effort documentation is not necessary.

c) Preference Points – Preference points are earned based on the level of

participation proposed prior to the award of a contract. Upon satisfying

the minimum fifty percent requirement, a consultant will earn two (2)

preference points. Three additional preference points may be earned at

a rate of one point for every additional ten percent participation up to

eighty percent participation of the total contract dollars spent with

local Oakland certified firms.

d) A firm may earn up to five (5) preference points for local Oakland

business participation and additional preference points for being a long

term certified business in Oakland regardless of size and for having an

Oakland workforce.

e) In those instances where VSLBE participation is evident, the level of

participation will be double-counted towards meeting the requirement.

f) Additional Preference Points. For Request for Proposal (RFP) and

Request for Qualifications (RFQ), additional Preference Points may

be earned for having an Oakland workforce on Non-Construction

Contracts

g) Earning extra preference points for having an existing work force that

includes Oakland residents is considered added value. The Request for

Proposal “evaluation” process allows for additional preference points

over and above the number of points earned for technical expertise.

Typically 100 points may be earned for the technical elements of the

RFP. Preference points are awarded over and above the potential 100

points.

h) The Exit Report and Affidavit (ERA) – This report declares the level

of participation achieved and will be used to calculate banked credits.

The prime consultant must complete the Schedule F, Exit Report and


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Affidavit for, and have it executed by, each L/SLBE sub consultant

and submitted to the Office of the City Administrator, Contracts and

Compliance Unit, along with a copy of the final progress payment

application.

i) Joint Venture and Mentor Protégé Agreements. If a prime contractor

or prime consultant is able to develop a Joint Venture or “Mentor-

Protégé” relationship with a certified LBE or SLBE, the mentor or

Joint Venture partners will enjoy the benefit of credits against the

participation requirement. In order to earn credit for Joint Venture or

Mentor-Protégé relationships, the Agreement must be submitted for

approval to the Office of the City Administrator, Contracts and

Compliance Unit, prior to the project bid date for construction, and by

proposal due date for professional services contracts. Joint Venture

Applications and elements of City approved Mentor Protégé relation

are available upon request.

j) Contractor shall submit information concerning the ownership and

workforce composition of Contractor’s firm as well as its

subcontractors and suppliers, by completing Schedule D, Ownership,

Ethnicity, and Gender Questionnaire, and Schedule E, Project

Consultant Team, attached and incorporated herein and made a part of

this Agreement.

k) All affirmative action efforts of Contractor are subject to tracking by

the City. This information or data shall be used for statistical purposes

only. All contractors are required to provide data regarding the make-

up of their subcontractors and agents who will perform City contracts,

including the race and gender of each employee and/or contractor and

his or her job title or function and the methodology used by Contractor

to hire and/or contract with the individual or entity in question.

l) In the recruitment of subcontractors, the City of Oakland requires all

contractors to undertake nondiscriminatory and equal outreach efforts,

which include outreach to minorities and women-owned businesses as

well as other segments of Oakland’s business community. The City

Administrator will track the City’s MBE/WBE utilization to ensure the

absence of unlawful discrimination on the basis of age, marital status,

religion, gender, sexual preference, race, creed, color, national origin,

Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related

Complex (ARC) or disability.

m) In the use of such recruitment, hiring and retention of employees or

subcontractors, the City of Oakland requires all contractors to

undertake nondiscriminatory and equal outreach efforts which include

outreach to minorities and women as well as other segments of


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Oakland’s business community.

4. The City’s Living Wage Ordinance

This Agreement is subject to the Oakland Living Wage Ordinance. The

Living Wage Ordinance requires that nothing less than a prescribed

minimum level of compensation (a living wage) be paid to employees of

service Contractors (contractors) of the City and employees of CFARs

(Ord. 12050 § 1, 1998). The Ordinance also requires submission of the

Declaration of Compliance attached and incorporated herein as

Declaration of Compliance – Living Wage Form; and made part of this

Agreement, and, unless specific exemptions apply or a waiver is granted,

the contractor must provide the following to its employees who perform

services under or related to this Agreement:

a. Minimum compensation – Said employees shall be paid an initial

hourly wage rate of $11.70 with health benefits or $13.45 without

health benefits. These initial rates shall be upwardly adjusted each

year no later than April 1 in proportion to the increase at the

immediately preceding December 31 over the year earlier level of the

Bay Region Consumer Price Index as published by the Bureau of

Labor Statistics, U.S. Department of Labor. Effective July 1st of each

year, Contractor shall pay adjusted wage rates.

b. Health benefits – Said full-time and part-time employees paid at the

lower living wage rate shall be provided health benefits of at least

$1.75 per hour. Contractor shall provide proof that health benefits are

in effect for those employees no later than 30 days after execution of

the contract or receipt of City financial assistance.

c. Compensated days off – Said employees shall be entitled to twelve

compensated days off per year for sick leave, vacation or personal

necessity at the employee's request, and ten uncompensated days off

per year for sick leave. Employees shall accrue one compensated day

off per month of full time employment. Part-time employees shall

accrue compensated days off in increments proportional to that

accrued by full-time employees. The employees shall be eligible to

use accrued days off after the first six months of employment or

consistent with company policy, whichever is sooner. Paid holidays,

consistent with established employer policy, may be counted toward

provision of the required 12 compensated days off. Ten

uncompensated days off shall be made available, as needed, for

personal or immediate family illness after the employee has exhausted

his or her accrued compensated days off for that year.

d. Federal Earned Income Credit (EIC) - To inform employees that he or

she may be eligible for Earned Income Credit (EIC) and shall provide

forms to apply for advance EIC payments to eligible employees. For

more information, web sites include but are not limited to: (1)


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http://www.irs.gov and

http://www.irs.gov/individuals/article/0,,id=96466,00.html

e. Contractor shall provide to all employees and to Contracts and

Compliance, written notice of its obligation to eligible employees

under the City’s Living Wage requirements. Said notice shall be

posted prominently in communal areas of the work site(s) and shall

include the above-referenced information.

f. Contractor shall provide all written notices and forms required above

in English, Spanish or other languages spoken by a significant number

of employees within 30 days of employment under this Agreement.

g. Reporting – Contractor shall maintain a listing of the name, address,

hire date, occupation classification, rate of pay and benefits for each of

its employees. Contractor shall provide a copy of said list to the

Office of the City Administrator, Contracts and Compliance Unit, on a

quarterly basis, by March 31, June 30, September 30 and December 31

for the applicable compliance period. Failure to provide said list

within five days of the due date will result in liquidated damages of

five hundred dollars ($500.00) for each day that the list remains

outstanding. Contractor shall maintain employee payroll and related

records for a period of four (4) years after expiration of the compliance

period.

h. Contractor shall require subcontractors that provide services under or

related to this Agreement to comply with the above Living Wage

provisions. Contractor shall include the above-referenced sections in

its subcontracts. Copies of said subcontracts shall be submitted to

Contracts and Compliance.

5. Equal Benefits Ordinance

This Agreement is subject to the Equal Benefits Ordinance of Chapter

2.32 of the Oakland Municipal Code and its implementing regulations.

The purpose of this Ordinance is to protect and further the public, health,

safety, convenience, comfort, property and general welfare by requiring

that public funds be expended in a manner so as to prohibit discrimination

in the provision of employee benefits by City Contractors (contractors)

between employees with spouses and employees with domestic partners,

and/or between domestic partners and spouses of such employees. (Ord.

12394 (part), 2001)

The following contractors are subject to the Equal Benefits Ordinance:

Entities which enter into a "contract" with the City for an amount of

twenty-five thousand dollars ($25,000.00) or more for public works or

improvements to be performed, or for goods or services to be purchased or

grants to be provided at the expense of the City or to be paid out of

http://www.irs.gov/

http://www.irs.gov/individuals/article/0,,id=96466,00.html


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moneys deposited in the treasury or out of trust moneys under the control

of or collected by the city; and Entities which enter into a "property

contract" pursuant to Section 2.32.020(D) with the City in an amount of

twenty-five thousand dollars ($25,000.00) or more for the exclusive use of

or occupancy (1) of real property owned or controlled by the city or (2) of

real property owned by others for the city’s use or occupancy, for a term

exceeding twenty-nine (29) days in any calendar year.

The Ordinance shall only apply to those portions of a Contractor’s

operations that occur (1) within the City; (2) on real property outside the

City if the property is owned by the City or if the City has a right to

occupy the property, and if the contract’s presence at that location is

connected to a contract with the City; and (3) elsewhere in the United

States where work related to a City contract is being performed. The

requirements of this chapter shall not apply to subcontracts or sub-

contractors.

The Equal Benefits Ordinance requires among other things, submission of

the attached and incorporated herein as Schedule N-1, Equal Benefits-

Declaration of Nondiscrimination form. For more information, see

http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQ

BEOR.html#TOPTITLE

6. Prompt Payment Ordinance OMC Section 2.06.070 Prompt Payment

Terms Required in Notices Inviting Bids, Requests for

Proposals/Qualifications and Purchase Contracts

This Agreement is subject to the Prompt Payment Ordinance of Oakland

Municipal Code, Title 2, Chapter 2.06. The Ordinance requires that, unless

specific exemptions apply. Contractor and its subcontractors shall pay

undisputed invoices of their subcontractors for goods and/or services

within twenty (20) business days of submission of invoices unless the

Contractor or its subcontractors notify the Liaison in writing within five

(5) business days that there is a bona fide dispute between the Contractor

or its subcontractor and claimant, in which case the Contractor or its

subcontractor may withhold the disputed amount but shall pay the

undisputed amount.

Disputed payments are subject to investigation by the City of Oakland

Liaison upon the filing of a compliant. Contractor or its subcontractors

opposing payment shall provide security in the form of cash, certified

check or bond to cover the disputed amount and penalty during the

investigation. If Contractor or its subcontractor fails or refuses to deposit

security, the City will withhold an amount sufficient to cover the claim

from the next Contractor progress payment. The City, upon a

http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.html#TOPTITLE

http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.html#TOPTITLE


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15

determination that an undisputed invoice or payment is late, will release

security deposits or withholds directly to claimants for valid claims.

Contractor and its subcontractors shall not be allowed to retain monies

from subcontractor payments for goods as project retention, and are

required to release subcontractor project retention in proportion to the

subcontractor services rendered, for which payment is due and undisputed,

within five (5) business days of payment. Contractor and its

subcontractors shall be required to pass on to and pay subcontractors

mobilization fees within five (5) business days of being paid such fees by

the City. For the purpose of posting on the City's website, Contractor and

its subcontractors, are required to file notice with the City of release of

retention and payment of mobilization fees, within five (5) business days

of such payment or release; and, Contractors are required to file an

affidavit, under penalty of perjury, that he or she has paid all

subcontractors, within five (5) business days following receipt of payment

from the City, The affidavit shall provide the names and address of all

subcontractors and the amount paid to each.

Contractor and its subcontractors shall include the same or similar

provisions as those set forth above in this section in any contract with a

contractor or subcontractor that delivers goods and/or services pursuant to

or in connection with a City of Oakland purchase contract.

Prompt Payment invoice and claim forms are available at the following

City of Oakland website:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/F

ormsSchedules/index.htm or at Contracts and Compliance, 250 Frank H.

Ogawa Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim

inquiries should be directed to Vivian Inman, City of Oakland Prompt

Payment Liaison, 510-238-6261 or email [email protected].

7. Non-Discrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any

person or group of persons in any manner prohibited by federal, state or

local laws. During the performance of this Agreement, Contractor agrees

as follows:

a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate

against any employee or applicant for employment because of age,

marital status, religion, gender, sexual preference, race, creed, color,

national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-

Related Complex (ARC) or disability. This nondiscrimination policy

shall include, but not be limited to, the following: employment,

upgrading, failure to promote, demotion or transfer, recruitment





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16

advertising, layoffs, termination, rates of pay or other forms of

compensation, and selection for training, including apprenticeship.

b. Contractor and Contractor’s Sub-contractors shall state in all solicitations

or advertisements for employees placed by or on behalf of Contractor

that all qualified applicants will receive consideration for employment

without regard to age, marital status, religion, gender, sexual preference,

race, creed, color, national origin, Acquired-Immune Deficiency

Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

c. Contractor shall make its goods, services, and facilities accessible to

people with disabilities and shall verify compliance with the Americans

with Disabilities Act by executing Declaration of Compliance with the

Americans with Disabilities Act, attached hereto and incorporated

herein.

d. If applicable, Contractor will send to each labor union or representative of

workers with whom Contractor has a collective bargaining agreement or

contract or understanding, a notice advising the labor union or workers’

representative of Contractor’s commitments under this nondiscrimination

clause and shall post copies of the notice in conspicuous places available

to employees and applicants for employment.

e. Contractor shall submit information concerning the ownership and

workforce composition of Contractor’s firm as well as its sub

Contractors and suppliers, by completing the Ownership, Ethnicity and

Gender Questionnaire.

f. The Project Contractor Team attached and incorporated herein and made a

part of this Agreement, Exit Report and Affidavit, attached and

incorporated herein and made a part of this Agreement.

g. All affirmative action efforts of Contractors are subject to tracking by the

City. This information or data shall be used for statistical purposes only.

All Contractors are required to provide data regarding the make-up of

their sub Contractors and agents who will perform City contracts,

including the race and gender of each employee and/or Contractor and

his or her job title or function and the methodology used by Contractor

to hire and/or contract with the individual or entity in question.

h. The City will immediately report evidence or instances of apparent

discrimination in City or Agency contracts to the appropriate State and

Federal agencies, and will take action against Contractors who are

found to be engaging in discriminatory acts or practices by an

appropriate State or Federal agency or court of law, up to and

including termination or debarment.


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17

i. In the recruitment of sub Contractors, the City of Oakland requires all

Contractors to undertake nondiscriminatory and equal outreach efforts,

which include outreach to minorities and women-owned businesses as

well as other segments of Oakland’s business community. The City

Administrator will track the City’s MBE/WBE utilization to ensure the

absence of unlawful discrimination on the basis of age, marital status,

religion, gender, sexual preference, race, creed, color, national origin,

Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related

Complex (ARC) or disability.

j. In the use of such recruitment, hiring and retention of employees or sub

Contractors, the City of Oakland requires all Contractors to undertake

nondiscriminatory and equal outreach efforts which include outreach

to minorities and women as well as other segments of Oakland’s

business community.

8.Arizona and Arizona-Based Businesses

Contractor agrees that in accordance with Resolution No. 82727 C.M.S.,

neither it nor any of its subsidiaries, affiliates or agents that will provide

services under this agreement is currently headquartered in the State of

Arizona, and shall not establish an Arizona business headquarters for the

duration of this agreement with the City of Oakland or until Arizona

rescinds SB 1070.

Contractor acknowledges its duty to notify Contracts and Compliance

Division, Office of the City Administrator if it’s Business Entity or any of

its subsidiaries affiliates or agents subsequently relocates its headquarters

to the State of Arizona. Such relocation shall be a basis for termination of

this agreement.

9.Pending Dispute Disclosure Policy:

Contractors are required to disclose pending disputes with the City of

Oakland or Redevelopment Agency when they are involved in submitting

bids, proposals or applications for a City or Agency contract or transaction

involving professional services. This includes contract amendments.

Contractor agrees to disclose, and has disclosed, any and all pending

disputes to the City prior to execution of this agreement. The City will

provide a form for such disclosure upon Contractor’s request. Failure to

disclose pending disputes prior to execution of this amendment shall be a

basis for termination of this agreement.

10. City of Oakland Campaign Contribution Limits


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18

This Agreement is subject to the City of Oakland Campaign Reform Act

of Chapter 3.12 of the Oakland Municipal Code and its implementing

regulations if it requires Council approval. The City of Oakland

Campaign Reform Act prohibits Contractors that are doing business or

seeking to do business with the City of Oakland from making campaign

contributions to Oakland candidates between commencement of

negotiations and either 180 days after completion of, or termination of,

contract negotiations. If this Agreement requires Council approval,

Contractor must sign and date an Acknowledgment of Campaign

Contribution Limits Form.

11. Nuclear Free Zone Disclosure

Contractor represents, pursuant to the combined form Nuclear Free Zone

Disclosure Form that Contractor is in compliance with the City of Oakland’s

restrictions on doing business with service providers considered nuclear

weapons makers. Prior to execution of this agreement, Contractor shall

complete the combined form, attached hereto.

12. Sample Professional Service Agreement

This Agreement is subject to the attached Sample Professional Service

Agreement.

13. Insurance Requirements

The Contractor will be required to provide proof of all insurance required

for the work prior to execution of the contract, including copies of the

Contractor’s insurance policies if and when requested. Failure to provide

the insurance proof requested or failure to do so in a timely manner shall

constitute grounds for rescission of the contract award.

The Contractor shall name the City of Oakland, its Council members,

directors, officers, agents, employees and volunteers as additional insured

in its Comprehensive Commercial General Liability and Automobile

Liability policies. If Contractor submits the ACORD Insurance

Certificate, the additional insured endorsement must be set forth on a

CG20 10 11 85 form and/or CA 20 48 - Designated Insured Form (for

business auto insurance).

Please Note: A statement of additional insured endorsement on the

ACORD insurance certificate is insufficient and will be rejected as proof

of the additional insured requirement.

Unless a written waiver is obtained from the City’s Risk Manager,

Contractors must provide the insurance as found at

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/F

ormsSchedules/index.htm (Schedule Q). A copy of the requirements are




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19

attached and incorporated herein by reference. Liability insurance shall be

provided in accordance with the requirements specified.

When providing the insurance, include the Project Name and Project

Number on the ACORD form in the section marked Description of

Operations/Locations.

When providing the insurance, the “Certificate Holder” should be listed

as: City of Oakland, Contracts and Compliance, 250 Frank H. Ogawa

Plaza, Suite 3341, Oakland, CA 94612.

14. City Contractor Performance Evaluation

At the end of the project, the Project Manager will evaluate the

Contractor’s Performance in accordance with the City Contractor

Performance Evaluation program.

15. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:

The City or Agency may, in their sole discretion, consider violations of

any programs and policies described or referenced in this Request for

Proposal, a material breach and may take enforcement action provided

under the law, programs or policies, and/or terminate the contract, debar

contractors from further contracts with City and Agency and/or take any

other action or invoke any other remedy available under law or equity.

16. Contractor’s Qualifications

Contractor represents that Contractor has the qualifications and skills

necessary to perform the services under this Agreement in a competent

and professional manner without the advice or direction of the City.

Contractor’s services will be performed in accordance with the generally

accepted principles and practices applicable to Contractor’s trade or

profession. The Contractor warrants that the Contractor, and the

Contractor’s employees and sub-contractors are properly licensed,

registered, and/or certified as may be required under any applicable

federal, state and local laws, statutes, ordinances, rules and regulations

relating to Contractor’s performance of the Services. All Services

provided pursuant to this Agreement shall comply with all applicable laws

and regulations. Contractor will promptly advise City of any change in the

applicable laws, regulations, or other conditions that may affect City’s

program. This means Contractor is able to fulfill the requirements of this

Agreement. Failure to perform all of the services required under this

Agreement will constitute a material breach of the Agreement and may be

cause for termination of the Agreement. Contractor has complete and sole

discretion for the manner in which the work under this Agreement is

performed. Prior to execution of this agreement, Contractor shall complete

the Independent Contractor Questionnaire, Part A, attached hereto.


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20

17. The following City staff are available to answer questions:

RFP and Project related issues:

Program Analyst: Elinor Buchen, [email protected]

Contract Analyst: Paula Peav, (510) 238-3190

Compliance Officer: Vivian Inman, (510) 238-6261

18. All responses to the RFP become the property of the City.

19. The RFP does not commit the City to award a contract or to pay any cost

incurred in the preparation of the proposal.

20. The City reserves the sole right to evaluate each proposal and to accept or

reject any or all proposals received as a result of the RFP process.

21. The City reserves the unqualified right to modify, suspend, or terminate at

its sole discretion any and all aspects of the RFP process, to obtain further

information from any and all Contractor teams and to waive any defects as

to form or content of the RFP or any responses by any contractor teams

22. The City may require a service provider to participate in negotiations and

submit technical information or other revisions to the service provider’s

qualifications as may result from negotiations.

23. Once a final award is made, all RFP responses, except financial and

proprietary information, become a matter of public record and shall be

regarded by the City as public records. The City shall not in any way be

liable or responsible for the disclosure of any such records or portions

thereof if the disclosure is made pursuant to a request under the Public

Records Act or the City of Oakland Sunshine Ordinance.

24. The Fair Political Practices Act and/or California Government Code

Section 1090, among other statutes and regulations may prohibit the City

from contracting with a service provider if the service provider or an

employee, officer or director of the service providers’ firm, or any

immediate family of the preceding, or any sub Contractor or contractor of

the service provider, is serving as a public official, elected official,

employee, board or commission member of the City who will award or

influence the awarding of the contract or otherwise participate in the

making of the contract. The making of a contract includes actions that are

preliminary or preparatory to the selection of a Contractor such as, but not

limited to, involvement in the reasoning, planning and/or drafting of

solicitations for bids and RFPs, feasibility studies, master plans or

preliminary discussions or negotiations.



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21

B. SUBMITTAL REQUIREMENTS

Submit six (6) copies of proposal. The proposals are due at the Department

of Contracts and Compliance, Office of the City Administrator, 250 Frank

H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 time stamped by no later

than 2:00 P.M. May 21, 2013.

All proposals submitted via US Mail or common carrier must be delivered in a

sealed package with the project name, submittal date, time and location of the

proposals on the outside of the package or the documents.

C. REQUIRED PROPOSAL ELEMENTS

The following elements must be included in the program proposal.

1) Transmittal Letter

a. Addressed to Al Auletta, Program Manager, Office of Economic and

Workforce Development, 250 Frank Ogawa Plaza, Suite 3315

Oakland, California, 94612. (Please do not submit proposals to this

address).

b. Signed by an officer of the responding organization. In case of joint

venture or other joint-prime relationship, an officer of each venture

partner shall sign.

2) Proposal Summary Page

a. One page summary of proposal including contact information for

applicant, amount requested, leveraged funds, staff positions

proposed, sub-consultants and leveraged resources.

3) Program Narrative (Narrative should not exceed 20 pages)

Please include information addressing the following categories:

a. Proposed personnel: Provide detailed resumes of the proposed staff and

relevant staff of sub-consultants.

Applicants are encouraged to include existing Interim Job Resource

Center staff in their proposal. Interim Resource Center staff are

available to meet for a maximum of one hour per respondent. The

Interim Resource Center staff may be contacted directly at 510-419-

0509


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22

b. Relevant Experience/Past Performance: (see guidelines under Evaluation

D. 2)

c. Program Design: (see guidelines under Evaluation D. 2)

d. Budget: (see guidelines under Evaluation D. 2)

e. References: Three business related references, giving name, company,

address, telephone number and business relationship.

i. Submittals are validated using the following RFP Checklist.

b. Schedules (Required with submission)

i. Schedule E - Project Consultant Team

ii. Schedule O - Campaign Contribution Limits

2) Other schedules must be submitted prior to full contract execution and are available at

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedule

s/index.htm

3) Addenda - Proposal and Acknowledgment of all Addenda – if issued, please provide

signed addenda and submit with proposal.

4) Proprietary Information: All responses to the RFP become the property of the City. To

withhold financial and proprietary information, please label each page as "confidential"

or "proprietary".

5) Public Records Act or Sunshine Ordinance: Although a document may be labeled

"confidential" or "proprietary", information is still subject to disclosure under the

Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on the

potential impact of the public’s interests whether or not to disclose "confidential" or

"proprietary" information.

D. REJECTION OF PROPOSAL ELEMENTS

The City reserves the right to reject any or all proposals, whether or not

minimum qualifications are met, and to modify, postpone, or cancel this RFP

without liability, obligation, or commitment to any party, firm, or organization.

The City reserves the right to request and obtain additional information from

any candidate submitting a proposal. A proposal may be rejected for any of the

following reasons:

Proposal received after designated time and date.

Proposal not in compliance with the City of Oakland Local/Small Local

Business Enterprise Program.




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23

Proposal not containing the required elements, exhibits, nor organized in the

required format.

Proposal considered not fully responsive to this RFP.

E. EVALUATION OF PROPOSALS

The criteria and the points for each criterion below, for a total of 100 points,

may be used in evaluating and rating the proposals:

1. Experience, Capacity & Past Performance 20 Points

Points will be given based on the respondent’s ability to demonstrate it has the

resources and expertise to manage the program described above; technological,

management, administrative and staff capabilities; and the extent to which the

respondent demonstrates a history of successfully implementing similar programs. This

includes evidence of:

a) An understanding of the employment needs and hiring processes for the

construction industry.

b) Familiarity with the existing workforce development system in Oakland and the

East Bay including Oakland Unified School District, Joint Apprenticeship and

Training Committee, Peralta Community colleges, and job-training service

providers.

c) Experience working with similar populations that reside in West Oakland and

Oakland, particularly re-entry and disadvantaged workers.

d) Demonstrated experience being successful in close collaborative with

stakeholders such as, advocacy oriented community groups, small and large

contractors, City staff, and labor unions.

e) Demonstrated experience with data tracking systems and data analysis.

f) Track record of successful job placements for similar populations and/or in the

similar industries.

2. Program Design 30 Points

Points will be given based on the respondent’s ability to demonstrate it has a strong and

detailed plan for delivering the services outlined above, including:

a) Clear program design that addresses the needs of employers and workers and

efficiently manages the flow of workers through the system.

b) Systems for tracking and analyzing information and collecting feedback from


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24

employer and job-seeker clients.

c) Processes for communicating with stakeholders including job-seekers,

community members, non-profit and governmental agencies, contractors,

labor unions, and City staff.

d) Specific programs to service targeted populations such as re-entry

populations, limited English speakers, and low-income job seekers.

3. Partnerships 15 Points

Points will be awarded to respondents demonstrating existing strong collaborative

partnerships in the local area and in the region, and with the capacity to engage new

partners to improve client referrals to services and improve access to workforce and

supportive services for clients. Points will be awarded to proposals that demonstrate

effective employer partnerships that have resulted in client job placement, and

strategies to engage employers for future program development, training opportunities,

and pipelines to employment, particularly in construction.

a) Partnerships/relationships with social service organizations, job training

programs, apprenticeship programs and/or labor organizations in Oakland and the

East Bay

b) Relationships with small and large contractors and an understanding of the

particular needs of small contractors.

4. Budget and Financial Information 15 Points

Points will be awarded to the extent to which the proposed budget will realistically

finance the service and goals of the program. This includes the likelihood that the

proposed service strategy will result in achieving the proposed goals; the accuracy of

the budget; the amount and type of funds that will be leveraged towards achieving

program outcomes; and overall cost effectiveness of the proposed services. Points will

be awarded to agencies with sound fiscal practices and procedures, fiscal capacity, and

track records of successful fiscal management of similar-sized projects.

The City of Oakland will enter into contracts for services beginning September 1, 2013,

and ending June 30, 2015. Please provide information for the duration of the funding

period for:

1) Amount of Funds Requested from the City of Oakland: $________________

2) Total Program Budget for proposed services: $________________

3) Total Matching/Leveraged Funds for proposed services: $________________


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25

For applicants submitting as a partnership or consortium, with one agency serving as

fiscal agent and partners serving as subcontractors, provide an additional Program

Budget Sheet for each subcontractor. Provide a brief explanation of the subcontracting

arrangement, as well as a budget breakdown.

All respondents must also complete and include an estimated annual organization

budget (clearly delineating the total funds requested). Please use template included as

Appendix 3.

Provide a budget narrative to justify your organization budget. The budget

description must include how the project’s proposed budget supports the stated

objectives and activities in the project along with how funds are allocated to

minimize administrative costs and support direct services to participants. The

narrative should describe the following:

Personnel Costs: Staff salaries and associated fringe benefits are

necessary for direct service delivery. Personnel expenses do not

include subcontracted professional services or staffing (these costs

should be allocated to the operating expenses category). While staff

performing administrative functions is allowable, positions that are

fiscal, managerial or administrative in nature should be allocated to

the Other Expenses category.

Operational Expenses: Costs that are necessary to the general

operating and infrastructure costs to run the program, including

building rental, facilities maintenance, utilities, phones, general

consumable materials and supplies, Internet, insurance, audits and

other costs related to supporting and maintaining organizational

infrastructure. Professional services purchased from vendors (as

opposed to subcontractors) are included in this category. Costs

related to technology and equipment (computers, printers, fax

machines, and office furniture) needed can be included as part of

your budget and will be reviewed for cost effectiveness and

reasonableness. Equipment leases should also be listed here.

Other Expenses: Some examples include accounting, financial,

procurement and purchasing, payroll, personnel management,

resolution of findings, and general legal services.

Leveraged Resources: There is an expectation that applicants will

leverage other resources in order to meet outcomes. Leveraged

resources are all federal and non-federal expenditures (cash

contributions and/or in-kind contributions).

Describe your organization’s financial resources to cover program over-


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26

expenditures.

City funds will be distributed on a cost reimbursement basis. How will your

agency fiscally cover the time between expense and payment (assume one

month of outlay and 20 working days to receive payment following submittal of

a complete and acceptable invoice)?

Describe any programmatic and/or fiscal monitoring findings. Provide a

Certified Audit Financial Statement. The Audit statement must be based on a

fiscal period not more than eighteen (18) months old at the time of submission,

certified by an independent certified public accountant. Please share if the audit

contains any exceptions or recommendations.

5. Leveraged Funds 15 points

Points will be awarded for leveraged funds from other public and private sources that

could be used to bolster the services provided at the Job Resource Center.

6. Innovation 5 Points

Points will be awarded based on the respondent’s ability to demonstrate effective use of

innovative strategies for the delivery of services, and the extent to which strategies

proposed within the application provide are based on sound research, demonstrated best

practices, and support the goals of the West Oakland Job Resource Center. Special

consideration will be given to organizations that have received recognition and

additional funding due to providing innovative workforce services.

Additional Preference Points (Up To 12.5)

Per the City of Oakland Local/Small Local Business Enterprise program (see Section

III A. 3.), up to 5 bonus points will be awarded for participation of local and small local

business enterprises. Oakland firms may earn additional preference points during the

evaluation phase of the Request for Proposal and Request for Qualifications

(RFP/RFQ) process as follows: Up to 2.5 preference points for operating a business

with a substantial business presence in Oakland and up to 5 points for employing

Oakland residents and new hires. For more information go to:

http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak029719.p

df

F. REVIEW PROCESS

Proposals will be reviewed and scored based on the rubric above by 3-4

independent subject-matter experts. Interviews of short-listed qualified

candidates will be held by a panel on Thursday June 6th

, 2013.

http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak029719.pdf



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27

1) The selected teams will be notified by email and phone. The interviews will

last approximately 60 minutes, with the time allocated equally between the

team’s presentation and a question-and-answer period. The teams should be

prepared to discuss at the interview their specific experience providing

services similar to those described in the RFP, project approach, estimated

work effort, available resources, and other pertinent areas that would

distinguish them. Interviews will be held at a City of Oakland office (exact

location to be determined) and will include community stakeholders as

panelists.

2) Overall Rating Criteria: The following specific criteria and the points for

each criterion, for a total of 100 points, will be used in evaluating and rating

the short-listed firms:

a) Request for Proposal Submittal:………………………….60 points

Total points from the initial review of proposals will be

allocated proportionally based on a maximum allowance of

60 points

b) Presentation and Interview:…………………………….40 points

(Scoring criteria is similar to that of the proposal criteria.)

Relevant Experience

Program Design

Budget

Leverage

Innovation

Other Factors

Overall Rating Criteria: The following specific criteria and the points for

each criterion, for a total of 100 points, will be used in evaluating and rating

the short-listed firms. The City anticipates the tentative schedule of events to

be as follows:

3) The City anticipates the tentative schedule of events to be as follows:

Distribution of RFP Friday April 19, 2013

Pre-proposal Meeting 11:00am, Friday April 26, 2013

Submission of RFP 2:00pm, Tuesday May 21, 2013

Evaluation of Rankings Week Ending May 31, 2013

Notification of Interviews Monday, June 3, 2013

Interviews Thursday June 6, 2013

Contract Approval by City Council July 2013

Contract Negotiations August 2013

Contract Documentation Distribution August 2013

Contract Award September 2013


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28

G. APPEALS

Only the failure of the Office of Economic and Workforce Development to follow a procedure,

requirement, or evaluation criterion set forth in this request for proposals may be grounds for

appeal. All appeals must be in writing, and must specify in detail the grounds for the appeal,

the facts and evidence in support thereof, and the remedy sought.

Written appeals must be hand delivered to the Program Manager within five (5) business days

after the announcement of the award recommendations. Each appeal will be reviewed and a

decision delivered in writing within ten (10) business days after the deadline for the submission

of appeals.

Address appeals to: Al Auletta

Program Manager

Office of Economic and Workforce Development

250 Frank H. Ogawa Plaza, 3rd

floor, Suite 3315

Oakland, CA 94612-2092

H. CONTRACT NEGOTIATIONS AND AWARD

1. The completion of this evaluation process will result in the contractor being

numerically ranked. The contractor ranked first will be invited to participate

in contract negotiations. Should the City and the first ranked contractor not

be able to reach an agreement as to the contract terms within a reasonable

timeframe, the City may terminate the negotiations and begin negotiations

with the contractor that is next in line.

2. The contract amount (including reimbursements) shall be a not to exceed

amount, to be established based upon a mutually agreeable Scope of

Services and fee schedule.

3. The City will withhold the final 10% of contract amount pending successful

completion of work.

4. Upon successful completion of the negotiations, the City Administrator will

award of the contract to the selected contractor.

5. A sample City standard professional services agreement is included in the

RFQ as referenced as Attachment A “Sample Agreement”. The selected

contractor will be required to enter into a contract that contains similar terms

and conditions as in the standard agreement. Please note that the City

Attorney’s Office is typically not inclined to make any modifications to the

standard agreement terms and provisions.

6. Upon award the City will issue a Notice to proceed.


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29

7. The selected contractor and its other members will be required to maintain

auditable records, documents, and papers for inspection by authorized local,

state and federal representatives. Therefore, the contractor and its other

members may be required to undergo an evaluation to demonstrate that the

contractor uses recognized accounting and financial procedures.

END OF RFP


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30

ATTACHMENT A

SAMPLE

PROFESSIONAL OR SPECIALIZED SERVICE AGREEMENT

BETWEEN THE CITY OF OAKLAND

AND

Name of Contractor

Whereas, the City Council has authorized the City Administrator to enter into contracts for professional or specialized services if the mandates of Oakland City Charter Section 902(e) have been met. Now therefore the parties to this Agreement covenant as follows: 1. Parties and Effective Date

This Agreement is made and entered into as of Month, date, 2013 between the City of

Oakland, a municipal corporation, (“City”), One Frank H. Ogawa Plaza, Oakland,

California 94612, and Name of Contractor (“Contractor”)

2. Scope of Services

Contractor agrees to perform the services specified in Schedule A, Scope of Services

attached to this Agreement and incorporated herein by reference. Contractor shall

designate an individual who shall be responsible for communications with the City for

the duration of this Agreement. Schedule A includes the manner of payment. The

Project Manager for the City shall be Project Manager.

3. Time of Performance

Contractor’s services shall begin on Month, Date, Year and shall be completed Month,

Date, Year.

4. Compensation and Method of Payment

Contractor will be paid for performance of the scope of services an amount that will be

based upon actual costs but that will be “Capped” so as not to exceed $Amount, based

upon the scope of services in Schedule A and the budget by deliverable task and billing

rates in Schedule B. The maximum that will be charged for the entire scope of work will

not exceed the Capped amount, even if the Contractor’s actual costs exceed the Capped

amount. Invoices shall state a description of the deliverable completed and the amount

due. Payment will be due upon completion and acceptance of the deliverables as specified

in the Scope of Services.

In the aggregate, progress payments will not exceed ninety percent (90%) of the total

amount of the contract, with the balance to be paid upon satisfactory completion of the


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31

contract. Progress, or other payments, will be based on at least equivalent services

rendered, and will not be made in advance of services rendered.

In computing the amount of any progress payment (this includes any partial payment of

the contract price during the progress of the work, even though the work is broken

down into clearly identifiable stages, or separate tasks), the City will determine the

amount that the contractor has earned during the period for which payment is being

made, on the basis of the contract terms. The City will retain out of such earnings an

amount at least equal to ten percent (10%), pending satisfactory completion of the

entire contract.

5. Independent Contractor

a. Rights and Responsibilities

It is expressly agreed that in the performance of the services necessary to carry out

this Agreement, Contractor shall be, and is, an independent contractor, and is not

an employee of the City. Contractor has and shall retain the right to exercise full

control and supervision of the services, and full control over the employment,

direction, compensation and discharge of all persons assisting Contractor in the

performance of Contractor’s services hereunder. Contractor shall be solely

responsible for all matters relating to the payment of his/her employees, including

compliance with social security, withholding and all other regulations governing

such matters, and shall be solely responsible for Contractor's own acts and those of

Contractor’s subordinates and employees. Contractor will determine the method,

details and means of performing the services described in Schedule A.

b. Contractor’s Qualifications

Contractor represents that Contractor has the qualifications and skills necessary to

perform the services under this Agreement in a competent and professional

manner without the advice or direction of The City. The Contractor warrants that

the Contractor, and the Contractor’s employees and sub-consultants are properly

licensed, registered, and/or certified as may be required under any applicable

federal, state and local laws, statutes, ordinances, rules and regulations relating

to Contractor’s performance of the Services. All Services provided pursuant to

this Agreement shall comply with all applicable laws and regulations.

Contractor will promptly advise City of any change in the applicable laws,

regulations, or other conditions that may affect City’s program. This means

Contractor is able to fulfill the requirements of this Agreement. Failure to perform

all of the services required under this Agreement will constitute a material breach

of the Agreement and may be cause for termination of the Agreement. Contractor

has complete and sole discretion for the manner in which the work under this

Agreement is performed. Prior to execution of this agreement, Contractor shall

complete Schedule M, Independent Contractor Questionnaire, attached hereto.


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32

c. Payment of Income Taxes

Contractor is responsible for paying, when due, all income taxes, including

estimated taxes, incurred as a result of the compensation paid by the City to

Contractor for services under this Agreement. On request, Contractor will provide

the City with proof of timely payment. Contractor agrees to indemnify the City

for any claims, costs, losses, fees, penalties, interest or damages suffered by the

City resulting from Contractor’s failure to comply with this provision.

d. Non-Exclusive Relationship

Contractor may perform services for, and contract with, as many additional clients,

persons or companies as Contractor, in his or her sole discretion, sees fit.

e. Tools, Materials and Equipment

Contractor will supply all tools, materials and equipment required to perform the

services under this Agreement.

f. Cooperation of the City

The City agrees to comply with all reasonable requests of Contractor necessary to

the performance of Contractor’s duties under this Agreement.

g. Extra Work

Contractor will do no extra work under this Agreement without first receiving

prior written authorization from the City.

6. Proprietary or Confidential Information of the City

Contractor understands and agrees that, in the performance of the work or services

under this Agreement or in contemplation thereof, Contractor may have access to

private or confidential information which may be owned or controlled by the City and

that such information may contain proprietary or confidential details, the disclosure of

which to third parties may be damaging to the City. Contractor agrees that all

information disclosed by the City to Contractor shall be held in confidence and used

only in performance of the Agreement. Contractor shall exercise the same standard of

care to protect such information as a reasonably prudent contractor would use to protect

its own proprietary data.


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33

7. Ownership of Results

Any interest of Contractor or its Subcontractors, in specifications, studies, reports,

memoranda, computation documents prepared by Contractor or its Subcontractors in

drawings, plans, sheets or other connection with services to be performed under this

Agreement shall be assigned and transmitted to the City. However, Contractor may

retain and use copies for reference and as documentation of its experience and

capabilities.

8. Copyright

Contractor shall execute appropriate documents to assign to the City the copyright to

works created pursuant to this Agreement.

9. Audit

Contractor shall maintain (a) a full set of accounting records in accordance with generally

accepted accounting principles and procedures for all funds received under this

Agreement; and (b) full and complete documentation of performance related matters such

as benchmarks and deliverables associated with this Agreement.

Contractor shall (a) permit the City to have access to those records for the purpose of

making an audit, examination or review of financial and performance data pertaining to

this Agreement; and (b) maintain such records for a period of four years following the last

fiscal year during which the City paid an invoice to Contractor under this Agreement.

In addition to the above, Contractor agrees to comply with all audit, inspection,

recordkeeping and fiscal reporting requirements incorporated by reference.

10. Agents/Brokers

Contractor warrants that Contractor has not employed or retained any subcontractor,

agent, company or person other than bona fide, full-time employees of Contractor working

solely for Contractor, to solicit or secure this Agreement, and that Contractor has not paid

or agreed to pay any subcontractor, agent, company or persons other than bona fide

employees any fee, commission, percentage, gifts or any other consideration, contingent

upon or resulting from the award of this Agreement. For breach or violation of this

warranty, the City shall have the right to rescind this Agreement without liability or, in its

discretion, to deduct from the Agreement price or consideration, or otherwise recover, the

full amount of such fee, commission, percentage or gift.

11. Assignment

Contractor shall not assign or otherwise transfer any rights, duties, obligations or interest

in this Agreement or arising hereunder to any person, persons, entity or entities


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34

whatsoever without the prior written consent of the City and any attempt to assign or

transfer without such prior written consent shall be void. Consent to any single

assignment or transfer shall not constitute consent to any further assignment or transfer.

12. Publicity

Any publicity generated by Contractor for the project funded pursuant to this Agreement,

during the term of this Agreement or for one year thereafter, will make reference to the

contribution of the City of Oakland in making the project possible. The words “City of

Oakland” will be explicitly stated in all pieces of publicity, including but not limited to

flyers, press releases, posters, brochures, public service announcements, interviews and

newspaper articles.

City staff will be available whenever possible at the request of Contractor to assist

Contractor in generating publicity for the project funded pursuant to this Agreement.

Contractor further agrees to cooperate with authorized City officials and staff in any City-

generated publicity or promotional activities undertaken with respect to this project.

13. Title of Property

Title to all property, real and personal, acquired by the Contractor from City funds shall

vest in the name of the City of Oakland and shall be accounted for by means of a formal

set of property records. Contractor acknowledges it is responsible for the protection,

maintenance and preservation of all such property held in custody for the City during the

term of the Agreement. The Contractor shall, upon expiration of termination of this

Agreement, deliver to the City all of said property and documents evidencing title to same.

In the case of lost or stolen items or equipment, the Contractor shall immediately notify

the Police Department, obtain a written police report and notify the City in accordance

with “Notice” section of this Agreement.

Contractor shall provide to the City Auditor all property-related audit and other reports

required under this Agreement. In the case of lost or stolen items or equipment, the

Contractor shall immediately notify the Police Department, obtain a written police report

and notify the City in accordance with the “Notice” section of this Agreement.

Prior to the disposition or sale of any real or personal property acquired with City

funds, Contractor shall obtain approval by the City Council and City Administrator in

accord with the requirements for disposal or sale of real or personal surplus property set

forth in the Oakland City Charter and/or Oakland Municipal Code Title 2.04, Chapter

2.04.120. Surplus supplies and equipment – Disposal or Destruction.


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35

14. Insurance

Unless a written waiver is obtained from the City’s Risk Manager, Contractor must

provide the insurance listed in Schedule Q, Insurance Requirements. Schedule Q is

attached at the end of this sample agreement and incorporated herein by reference.

15. Indemnification

a. Notwithstanding any other provision of this Agreement, Contractor shall indemnify

and hold harmless (and at City’s request, defend) City, and each of their respective

Councilmembers, officers, partners, agents, and employees (each of which persons

and organizations are referred to collectively herein as "Indemnitees" or

individually as "Indemnitee") from and against any and all liabilities, claims,

lawsuits, losses, damages, demands, debts, liens, costs, judgments, obligations,

administrative or regulatory fines or penalties, actions or causes of action, and

expenses (including reasonable attorneys' fees) caused by or arising out of any:

(i) Breach of Contractor's obligations, representations or warranties under this

Agreement;

(ii) Act or failure to act in the course of performance by Contractor under this

Agreement;

(iii) Negligent or willful acts or omissions in the course of performance by

Contractor under this Agreement;

(iv) Claim for personal injury (including death) or property damage to the extent

based on the strict liability or caused by any negligent act, error or omission

of Contractor;

(v) Unauthorized use or disclosure by Contractor of Confidential Information as

provided in Section 6 Proprietary of Confidential Information of the City

above; and

(vi) Claim of infringement or alleged violation of any United States patent right or

copyright, trade secret, trademark, or service mark or other proprietary or

intellectual property rights of any third party.

b. For purposes of the preceding Subsections (i) through (vi), the term “Contractor”

includes Contractor, its officers, directors, employees, representatives, agents,

servants, sub-consultants and subcontractors.

c. City shall give Contractor prompt written notice of any such claim of loss or

damage and shall cooperate with Contractor, in the defense and all related


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36

settlement negotiations to the extent that cooperation does not conflict with City's

interests.

d. Notwithstanding the foregoing, City shall have the right if Contractor fails or

refuses to defend City with Counsel acceptable to City to engage its own counsel

for the purposes of participating in the defense. In addition, City shall have the right

to withhold any payments due Contractor in the amount of anticipated defense costs

plus additional reasonable amounts as security for Contractor's obligations under

this Section 15. In no event shall Contractor agree to the settlement of any claim

described herein without the prior written consent of City.

e. Contractor acknowledges and agrees that it has an immediate and independent

obligation to indemnify and defend Indemnitees from any action or claim which

potentially falls within this indemnification provision, which obligation shall arise

at the time any action or claim is tendered to Contractor by City and continues at all

times thereafter, without regard to any alleged or actual contributory negligence of

any Indemnitee. Notwithstanding anything to the contrary contained herein,

Contractor’s liability under this Agreement shall not apply to any action or claim

arising from the sole negligence, active negligence or willful misconduct of an

Indemnitee.

f. All of Contractor’s obligations under this Section 15 are intended to apply to the

fullest extent permitted by law (including, without limitation, California Civil Code

Section 2782) and shall survive the expiration or sooner termination of this

Agreement.

g. The indemnity set forth in this Section 15 shall not be limited by the City’s

insurance requirements contained in Schedule Q hereof, or by any other provision

of this Agreement. City’s liability under this Agreement shall be limited to

payment of Contractor in accord to the terms and conditions under this Agreement

and shall exclude any liability whatsoever for consequential or indirect damages

even if such damages are foreseeable.

16. Right to Offset Claims for Money

All claims for money due or to become due from City shall be subject to deduction or

offset by City from any monies due Contractor by reason of any claim or counterclaim

arising out of: i) this Agreement, or ii) any purchase order, or iii) any other transaction

with Contractor.

17. Prompt Payment Ordinance

This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code,

Title 2, Chapter 2.06 (Ordinance 12857 C.M.S, passed January 15, 2008 and effective

February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the

Contractor and its subcontractors shall pay undisputed invoices of their subcontractors

for goods and/or services within twenty (20) business days of submission of invoices


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37

unless the Contractor or its subcontractors notify the Liaison in writing within five (5)

business days that there is a bona fide dispute between the Contractor or its

subcontractor and claimant, in which case the Contractor or its subcontractor may

withhold the disputed amount but shall pay the undisputed amount.

Disputed late payments are subject to investigation by the City of Oakland Liaison,

Division of Contracts and Compliance upon the filing of a complaint. Contractor or its

subcontractors opposing payment shall provide security in the form of cash, certified

check or bond to cover the disputed amount and penalty during the investigation. If

Contractor or its subcontractor fails or refuses to deposit security, the City will

withhold an amount sufficient to cover the claim from the next Contractor progress

payment. The City, upon a determination that an undisputed invoice or payment is late,

will release security deposits or withholds directly to claimants for valid claims.

Contractor and its subcontractors shall not be allowed to retain monies from

subcontractor payments for goods as project retention, and are required to release

subcontractor project retention in proportion to the subcontractor services rendered, for

which payment is due and undisputed, within five (5) business days of payment.

Contractor and its subcontractors shall be required to pass on to and pay subcontractors

mobilization fees within five (5) business days of being paid such fees by the City. For

the purpose of posting on the City's website, Contractor and its subcontractors, are

required to file notice with the City of release of retention and payment of mobilization

fees, within five (5) business days of such payment or release; and, Contractor is

required to file an affidavit, under penalty of perjury, that he or she has paid all

subcontractors, within five (5) business days following receipt of payment from the

City. The affidavit shall provide the names and address of all subcontractors and the

amount paid to each.

If any amount due by a prime contractor or subcontractor to any claimant for goods

and/or services rendered in connection with a purchase contract is not timely paid in

accordance the Prompt Payment ordinance, the prime Contractor or subcontractor shall

owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the

improperly withheld amount per year for every month that payment is not made,

provided the claimant agrees to release the prime contractor or subcontractor from any

and all further interest penalty that may be claimed or collected on the amount paid.

Claimants that receive interest payments for late payment Prompt Payment ordinance

may not seek further interest penalties on the same late payment in law or equity.

Contractor and its subcontractors shall include the same or similar provisions as those

set forth above in this section in any contract with another contractor or subcontractor

that delivers goods and/or services pursuant to or in connection with this City of

Oakland purchase contract.

Prompt Payment invoice and claim forms are available at the following City of Oakland

website:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedule



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38

s/index.htm or at Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341,

Oakland, CA 94612. Invoice and claim inquiries should be directed to Vivian Inman,

City of Oakland Prompt Payment Liaison, 510-238-6261 or email

[email protected].

18. Arizona and Arizona-Based Businesses

Contractor agrees that in accordance with Resolution No. 82727 C.M.S., neither it nor

any of its subsidiaries, affiliates or agents that will provide services under this

agreement is currently headquartered in the State of Arizona, and shall not establish an

Arizona business headquarters for the duration of this agreement with the City of

Oakland or until Arizona rescinds SB 1070.

Contractor acknowledges its duty to notify the Purchasing Department if it’s Business

Entity or any of its subsidiaries affiliates or agents subsequently relocates its

headquarters to the State of Arizona. Such relocation shall be a basis for termination of

this agreement.

19. Dispute Disclosure

Contractors are required to disclose pending disputes with the City of Oakland when

they are involved in submitting bids, proposals or applications for a City or Agency

contract or transaction involving professional services. This includes contract

amendments. Contractor agrees to disclose, and has disclosed, any and all pending

disputes to the City prior to execution of this agreement. The City will provide a form

for such disclosure upon Contractor’s request. Failure to disclose pending disputes

prior to execution of this amendment shall be a basis for termination of this agreement.

20. Termination on Notice

The City may terminate this Agreement immediately for cause or without cause upon

giving (30) calendar days’ written notice to Contractor. Unless otherwise terminated as

provided in this Agreement, this Agreement will terminate on Enter month date year.

21. Conflict of Interest

a. Contractor

The following protections against conflict of interest will be upheld:

i. Contractor certifies that no member of, or delegate to the Congress of the

United States shall be permitted to share or take part in this Agreement or

in any benefit arising therefrom.



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39

ii. Contractor certifies that no member, officer, or employee of the City or its

designees or agents, and no other public official of the City who exercises

any functions or responsibilities with respect to the programs or projects

covered by this Agreement, shall have any interest, direct or indirect in this

Agreement, or in its proceeds during his/her tenure or for one year

thereafter.

iii. Contractor shall immediately notify the City of any real or possible conflict

of interest between work performed for the City and for other clients

served by Contractor.

iv. Contractor warrants and represents, to the best of its present knowledge,

that no public official or employee of City who has been involved in the

making of this Agreement, or who is a member of a City board or

commission which has been involved in the making of this Agreement

whether in an advisory or decision-making capacity, has or will receive

a direct or indirect financial interest in this Agreement in violation of the

rules contained in California Government Code Section 1090 et seq.,

pertaining to conflicts of interest in public contracting. Contractor shall

exercise due diligence to ensure that no such official will receive such an

interest.

v. Contractor further warrants and represents, to the best of its present

knowledge and excepting any written disclosures as to these matters

already made by Contractor to City, that (1) no public official of City

who has participated in decision-making concerning this Agreement or

has used his or her official position to influence decisions regarding this

Agreement, has an economic interest in Contractor or this Agreement,

and (2) this Agreement will not have a direct or indirect financial effect

on said official, the official’s spouse or dependent children, or any of the

official’s economic interests. For purposes of this paragraph, an official

is deemed to have an “economic interest” in any (a) for-profit business

entity in which the official has a direct or indirect investment worth

$2,000 or more, (b) any real property in which the official has a direct or

indirect interest worth $2,000 or more, (c) any for-profit business entity

in which the official is a director, officer, partner, trustee, employee or

manager, or (d) any source of income or donors of gifts to the official

(including nonprofit entities) if the income or value of the gift totaled

more than $500 the previous year. Contractor agrees to promptly

disclose to City in writing any information it may receive concerning

any such potential conflict of interest. Contractor’s attention is directed

to the conflict of interest rules applicable to governmental decision-

making contained in the Political Reform Act (California Government

Code Section 87100 et seq.) and it’s implementing regulations

(California Code of Regulations, Title 2, Section 18700 et seq.).


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40

vi. Contractor understands that in some cases Contractor or persons

associated with Contractor may be deemed a “city officer” or “public

official” for purposes of the conflict of interest provisions of

Government Code Section 1090 and/or the Political Reform Act.

Contractor further understands that, as a public officer or official,

Contractor or persons associated with Contractor may be disqualified

from future City contracts to the extent that Contractor is involved in

any aspect of the making of that future contract (including preparing

plans and specifications or performing design work or feasibility studies

for that contract) through its work under this Agreement.

vii. Contractor shall incorporate or cause to be incorporated into all

subcontracts for work to be performed under this Agreement a provision

governing conflict of interest in substantially the same form set forth

herein.

b. No Waiver

Nothing herein is intended to waive any applicable federal, state or local

conflict of interest law or regulation

c. Remedies and Sanctions

In addition to the rights and remedies otherwise available to the City under this

Agreement and under federal, state and local law, Contractor understands and

agrees that, if the City reasonably determines that Contractor has failed to make

a good faith effort to avoid an improper conflict of interest situation or is

responsible for the conflict situation, the City may (1) suspend payments under

this Agreement, (2) terminate this Agreement, (3) require reimbursement by

Contractor to the City of any amounts disbursed under this Agreement. In

addition, the City may suspend payments or terminate this Agreement whether

or not Contractor is responsible for the conflict of interest situation.

22. Non-Discrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of

persons in any manner prohibited by federal, state or local laws. During the performance

of this Agreement, Contractor agrees as follows:

a. Contractor and Contractor’s subcontractors, if any, shall not discriminate against

any employee or applicant for employment because of age, marital status, religion,

gender, sexual orientation, gender identity, race, creed, color, national origin,

Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC)

or disability. This nondiscrimination policy shall include, but not be limited to, the

following: employment, upgrading, failure to promote, demotion or transfer,


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41

recruitment advertising, layoffs, termination, rates of pay or other forms of

compensation, and selection for training, including apprenticeship.

b. Contractor and Contractor’s Subcontractors shall state in all solicitations or

advertisements for employees placed by or on behalf of Contractor that all

qualified applicants will receive consideration for employment without regard to

age, marital status, religion, gender, sexual orientation, gender identity, race, creed,

color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-

Related Complex (ARC) or disability.

c. Contractor shall make its goods, services, and facilities accessible to people with

disabilities and shall verify compliance with the Americans with Disabilities Act

by executing Schedule C-1, Declaration of Compliance with the Americans with

Disabilities Act, attached hereto and incorporated herein.

d. If applicable, Contractor will send to each labor union or representative of workers

with whom Contractor has a collective bargaining agreement or contract or

understanding, a notice advising the labor union or workers’ representative of

Contractor’s commitments under this nondiscrimination clause and shall post

copies of the notice in conspicuous places available to employees and applicants

for employment.

23. Local and Small Local Business Enterprise Program (L/SLBE)

a. Requirement – For Professional Services, 50% Local and Small Local Business

Enterprise Program (L/SLBE): there is a 50% minimum participation

requirement for all professional services contracts over $50,000. Consultant status

as an Oakland certified local or small local firm and subcontractor/subconsultant

status as an Oakland certified local or small local firm are taken into account in the

calculation. The requirement may be satisfied by a certified prime consultant and/or

sub-consultant(s). A business must be certified by the City of Oakland in order to

earn credit toward meeting the fifty percent requirement. The City has waived small

local business enterprise (SLBE) subcontracting requirements for Oakland certified

local businesses that apply for professional services contracts as the prime

consultant with the City. The SLBE requirements still applies for non-certified

LBEs and non-local business enterprises.

b. Good Faith Effort - In light of the fifty percent requirement, good faith effort

documentation is not necessary.

c. Preference Points – Preference points are earned based on the level of participation

proposed prior to the award of a contract. Upon satisfying the minimum fifty

percent requirement, a consultant will earn two (2) preference points. Three

additional preference points may be earned at a rate of one point for every

additional ten percent participation up to eighty percent participation of the total

contract dollars spent with local Oakland certified firms.


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42

d. A firm may earn up to five (5) preference points for local Oakland business

participation and additional preference points for being a long term certified

business in Oakland regardless of size and for having an Oakland workforce.

e. In those instances where VSLBE participation is evident, the level of participation

will be double-counted towards meeting the requirement.

f. Additional Preference Points. For Request for Proposal (RFP) and Request for

Qualifications (RFQ), additional Preference Points may be earned for having an

Oakland workforce on Non-Construction Contracts

g. Earning extra preference points for having an existing work force that includes

Oakland residents is considered added value. The Request for Proposal “evaluation”

process allows for additional preference points over and above the number of points

earned for technical expertise. Typically 100 points may be earned for the technical

elements of the RFP. Preference points are awarded over and above the potential

100 points.

h. The Exit Report and Affidavit (ERA) – This report declares the level of

participation achieved and will be used to calculate banked credits. The prime

consultant must complete the Schedule F, Exit Report and Affidavit for, and have it

executed by, each L/SLBE sub consultant and submitted to the Office of the City

Administrator, Contracts and Compliance Unit, along with a copy of the final

progress payment application.

i. Joint Venture and Mentor Protégé Agreements. If a prime contractor or prime

consultant is able to develop a Joint Venture or “Mentor-Protégé” relationship with

a certified LBE or SLBE, the mentor or Joint Venture partners will enjoy the benefit

of credits against the participation requirement. In order to earn credit for Joint

Venture or Mentor-Protégé relationships, the Agreement must be submitted for

approval to the Office of the City Administrator, Contracts and Compliance Unit,

prior to the project bid date for construction, and by proposal due date for

professional services contracts. Joint Venture Applications and elements of City

approved Mentor Protégé relation are available upon request.

j. Contractor shall submit information concerning the ownership and workforce

composition of Contractor’s firm as well as its subcontractors and suppliers, by

completing Schedule D, Ownership, Ethnicity, and Gender Questionnaire, and

Schedule E, Project Consultant Team, attached and incorporated herein and made a

part of this Agreement.

k. All affirmative action efforts of Contractor are subject to tracking by the City. This

information or data shall be used for statistical purposes only. All contractors are

required to provide data regarding the make-up of their subcontractors and agents

who will perform City contracts, including the race and gender of each employee


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43

and/or contractor and his or her job title or function and the methodology used by

Contractor to hire and/or contract with the individual or entity in question.

l. In the recruitment of subcontractors, the City of Oakland requires all contractors to

undertake nondiscriminatory and equal outreach efforts, which include outreach to

minorities and women-owned businesses as well as other segments of Oakland’s

business community. The City Administrator will track the City’s MBE/WBE

utilization to ensure the absence of unlawful discrimination on the basis of age,

marital status, religion, gender, sexual preference, race, creed, color, national origin,

Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or

disability.

m. In the use of such recruitment, hiring and retention of employees or subcontractors,

the City of Oakland requires all contractors to undertake nondiscriminatory and

equal outreach efforts which include outreach to minorities and women as well as

other segments of Oakland’s business community.

24. Living Wage Ordinance

If the contract amount of this Agreement is equal to or greater than $25,000 annually,

then Contractor must comply with the Oakland Living Wage Ordinance. The Living

Wage Ordinance requires that nothing less than a prescribed minimum level of

compensation (a living wage) be paid to employees of service contractors (consultants)

of the City and employees of CFARs (Ord. 12050 § 1, 1998). The Ordinance also

requires submission of the Declaration of Compliance attached and incorporated herein

as Schedule N and made part of this Agreement, and, unless specific exemptions apply

or a waiver is granted, the consultant must provide the following to its employees who

perform services under or related to this Agreement:

a. Minimum compensation – Said employees shall be paid an initial hourly wage rate

of $11.70 with health benefits or $13.45 without health benefits. These initial

rates shall be upwardly adjusted each year no later than April 1 in proportion to the

increase at the immediately preceding December 31 over the year earlier level of

the Bay Region Consumer Price Index as published by the Bureau of Labor

Statistics, U.S. Department of Labor. Effective July 1st of each year, Contractor

shall pay adjusted wage rates.

b. Health benefits – Said full-time and part-time employees paid at the lower living

wage rate shall be provided health benefits of at least $1.75 per hour. Contractor

shall provide proof that health benefits are in effect for those employees no later

than 30 days after execution of the contract or receipt of City financial assistance.

c. Compensated days off – Said employees shall be entitled to twelve compensated

days off per year for sick leave, vacation or personal necessity at the employee's

request, and ten uncompensated days off per year for sick leave. Employees shall

accrue one compensated day off per month of full time employment. Part-time


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44

employees shall accrue compensated days off in increments proportional to that

accrued by full-time employees. The employees shall be eligible to use accrued

days off after the first six months of employment or consistent with company

policy, whichever is sooner. Paid holidays, consistent with established employer

policy, may be counted toward provision of the required 12 compensated days off.

Ten uncompensated days off shall be made available, as needed, for personal or

immediate family illness after the employee has exhausted his or her accrued

compensated days off for that year.

d. Federal Earned Income Credit (EIC) - To inform employees that he or she may be

eligible for Earned Income Credit (EIC) and shall provide forms to apply for

advance EIC payments to eligible employees. There are several websites and other

sources available to assist you. Web sites include but are not limited to: (1)

http://www.irs.gov for current guidelines as prescribed by the Internal Revenue

Service.

e. Contractor shall provide to all employees and to the Division of Contracts and

Compliance, written notice of its obligation to eligible employees under the City’s

Living Wage requirements. Said notice shall be posted prominently in communal

areas of the work site(s) and shall include the above-referenced information.

f. Contractor shall provide all written notices and forms required above in English,

Spanish or other languages spoken by a significant number of employees within 30

days of employment under this Agreement.

g. Reporting – Contractor shall maintain a listing of the name, address, hire date,

occupation classification, rate of pay and benefits for each of its employees.

Contractor shall provide a copy of said list to the Division of Contracts and

Compliance, on a quarterly basis, by March 31, June 30, September 30 and

December 31 for the applicable compliance period. Failure to provide said list

within five days of the due date will result in liquidated damages of five hundred

dollars ($500.00) for each day that the list remains outstanding. Contractor shall

maintain employee payroll and related records for a period of four (4) years after

expiration of the compliance period.

h. Contractor shall require subcontractors that provide services under or related to this

Agreement to comply with the above Living Wage provisions. Contractor shall

include the above-referenced sections in its subcontracts. Copies of said

subcontracts shall be submitted to the Division of Contracts and Compliance.

25. Equal Benefits Ordinance

This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the

Oakland Municipal Code and its implementing regulations. The purpose of this

Ordinance is to protect and further the public, health, safety, convenience, comfort,

property and general welfare by requiring that public funds be expended in a manner

http://www.irs.gov/


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45

so as to prohibit discrimination in the provision of employee benefits by City

contractors (consultants) between employees with spouses and employees with

domestic partners, and/or between domestic partners and spouses of such employees.

(Ord. 12394 (part), 2001)

The following contractors are subject to the Equal Benefits Ordinance: Entities which

enter into a "contract" with the City for an amount of twenty-five thousand dollars

($25,000.00) or more for public works or improvements to be performed, or for goods

or services to be purchased or grants to be provided at the expense of the City or to be

paid out of moneys deposited in the treasury or out of trust moneys under the control of

or collected by the city; and Entities which enter into a "property contract" pursuant to

Section 2.32.020(D) with the City in an amount of twenty-five thousand dollars

($25,000.00) or more for the exclusive use of or occupancy (1) of real property owned

or controlled by the city or (2) of real property owned by others for the city’s use or

occupancy, for a term exceeding twenty-nine (29) days in any calendar year.

The Ordinance shall only apply to those portions of a contractor’s operations that occur

(1) within the city; (2) on real property outside the city if the property is owned by the

city or if the city has a right to occupy the property, and if the contract’s presence at

that location is connected to a contract with the city; and (3) elsewhere in the United

States where work related to a city contract is being performed. The requirements of

this chapter shall not apply to subcontracts or subcontractors of any contract or

contractor

The Equal Benefits Ordinance requires among other things, submission of the attached

and incorporated herein as Schedule N-1, Equal Benefits-Declaration of

Nondiscrimination.

26. City of Oakland Campaign Contribution Limits

This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12

of the Oakland Municipal Code and its implementing regulations if it requires Council

approval. The City of Oakland Campaign Reform Act prohibits contractors that are doing

business or seeking to do business with the City of Oakland from making campaign

contributions to Oakland candidates between commencement of negotiations and either

180 days after completion of, or termination of, contract negotiations.

If this Agreement requires Council approval, Contractor must sign and date an

Acknowledgment of Campaign Contribution Limits Form attached hereto and

incorporated herein as Schedule O.

27. Nuclear Free Zone Disclosure

Contractor represents, pursuant to Schedule P, Nuclear Free Zone Disclosure Form, that

Contractor is in compliance with the City of Oakland’s restrictions on doing business with


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46

service providers considered nuclear weapons makers. Prior to execution of this

agreement, Contractor shall complete Schedule P, attached hereto.

28. Political Prohibition

Subject to applicable State and Federal laws, moneys paid pursuant to this Agreement

shall not be used for political purposes, sponsoring or conducting candidate's meetings,

engaging in voter registration activity, nor for publicity or propaganda purposes designed

to support or defeat legislation pending before federal, state or local government.

29. Religious Prohibition

There shall be no religious worship, instruction, or proselytization as part of, or in

connection with the performance of the Agreement.

30. Business Tax Certificate

Contractor shall obtain and provide proof of a valid City business tax certificate. Said

certificate must remain valid during the duration of this Agreement.

31. Abandonment of Project

The City may abandon or indefinitely postpone the project or the services for any or all

of the project at any time. In such event, the City shall give thirty (30) days written

notice of such abandonment. In the event of abandonment prior to completion of the

final drawings, if applicable, and cost estimates, Contractor shall have the right to

expend a reasonable amount of additional time to assemble work in progress for the

purpose of proper filing and closing the job. Prior to expending said time, Contractor

shall present to the City a complete report of said proposed job closure and its costs,

and the City may approve all or any part of said expense. Such additional time shall

not exceed ten percent (10%) of the total time expended to the date of notice of

termination. All charges thus incurred and approved by the City, together with any

other charges outstanding at the time of termination, shall be payable by the City within

thirty (30) days following submission of a final statement by Contractor.

Should the project or any portion thereof be abandoned, the City shall pay the

Contractor for all services performed thereto in accordance with the terms of this

Agreement.

32. Validity of Contracts

This Agreement shall not be binding or of any force or effect until it is: i) approved by

resolution of the City Council as required by the Oakland City Charter, Oakland


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47

Municipal Code Title 2.04 and Oakland City Council Rules of Procedure, ii) approved for

form and legality by the Office of the City Attorney, and iii) signed by the City

Administrator or his or her designee.

33. Governing Law

This Agreement shall be governed by the laws of the State of California.

34. Notice

If either party shall desire or be required to give notice to the other, such notice shall be

given in writing, via facsimile and concurrently by prepaid U.S. certified or registered

postage, addressed to recipient as follows:

(City of Oakland) Name of Contractor

Agency/Department Address

Address City State Zip

Oakland, CA Attn: Project Manager

Attn: Project Manager

Any party to this Agreement may change the name or address of representatives for

purpose of this Notice paragraph by providing written notice to all other parties ten (10)

business days before the change is effective.

35. Entire Agreement of the Parties

This Agreement supersedes any and all agreements, either oral or written, between the

parties with respect to the rendering of services by Contractor for the City and contains all

of the representations, covenants and agreements between the parties with respect to the

rendering of those services. Each party to this Agreement acknowledges that no

representations, inducements, promises or agreements, orally or otherwise, have been

made by any party, or anyone acting on behalf of any party, which are not contained in

this Agreement, and that no other agreement, statement or promise not contained in this

Agreement will be valid or binding.

36. Modification

Any modification of this Agreement will be effective only if it is in a writing signed by

all parties to this Agreement.

37. Severability/Partial Invalidity


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48

If any term or provision of this Agreement, or the application of any term or provision of

this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or

unenforceable by a court of competent jurisdiction, then notwithstanding such

determination, such term or provision shall remain in force and effect to the extent

allowed by such ruling and all other terms and provisions of this Agreement or the

application of this Agreement to other situation shall remain in full force and effect.

Notwithstanding the foregoing, if any material term or provision of this Agreement or the

application of such material term or condition to a particular situation is finally found to be

void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the Parties

hereto agree to work in good faith and fully cooperate with each other to amend this

Agreement to carry out its intent.

38. Time of the Essence

Time is of the essence in the performance of this Agreement.

39 Commencement, Completion and Close out

It shall be the responsibility of the Contractor to coordinate and schedule the work to be

performed so that commencement and completion take place in accordance with the

provisions of this Agreement.

Any time extension granted to Contractor to enable Contractor to complete the work must

be in writing and shall not constitute a waiver of rights the City may have under this

Agreement.

Should the Contractor not complete the work by the scheduled date or by an extended

date, the City shall be released from all of its obligations under this Agreement.

Within thirty (30) days of completion of the performance under this Agreement, the

Contractor shall make a determination of any and all final costs due under this Agreement

and shall submit a requisition for such final and complete payment (including without

limitations any and all claims relating to or arising from this Agreement) to the City.

Failure of the Contractor to timely submit a complete and accurate requisition for final

payment shall relieve the City of any further obligations under this Agreement, including

without limitation any obligation for payment of work performed or payment of claims by

Contractor.

40. Approval

If the terms of this Agreement are acceptable to Contractor and the City, sign and date

below.

41. Inconsistency


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49

If there is any inconsistency between the main agreement and the attachments/exhibits, the

text of the main agreement shall prevail.

City of Oakland, Name of Contractor

a municipal corporation

__________________________________ ___________________________

(City Administrator’s Office) (Date) (Signature) (Date)

____________________________________ __________________________

(Agency Director’s Signature) (Date) Business Tax Certificate No.

Date of Expiration

Approved as to form and legality:

________________________

Resolution Number

_______________________

(City Attorney’s Office Signature) (Date) Accounting Number

END OF PROFESSIONAL SERVICES CONTRACT SAMPLE


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50

ATTACHMENT B

Schedule Q

INSURANCE REQUIREMENTS

PROFESSIONAL AND SPECIALIZED SERVICES AGREEMENTS

(Revised 08/01/11)

a. General Liability, Automobile, Workers’ Compensation and Professional Liability

Consultant shall procure, prior to commencement of service, and keep in force for the

term of this contract, at Consultant's own cost and expense, the following policies of

insurance or certificates or binders as necessary to represent that coverage as specified

below is in place with companies doing business in California and acceptable to the City.

If requested, Consultant shall provide the City with copies of all insurance policies. The

insurance shall at a minimum include:

i. Commercial General Liability insurance shall cover bodily injury, property

damage and personal injury liability arising from premises operations, independent

Consultants, products-completed operations personal & advertising injury and

contractual liability. Coverage shall be at least as broad as Insurance Services

Office Commercial General Liability coverage (occurrence Form CG 00 01)

A. Coverage afforded on behalf of the City, Councilmembers, directors,

officers, agents and employees and volunteers shall be primary insurance.

Any other insurance available to the City Councilmembers, directors,

officers, agents and employees and volunteers under any other policies

shall be excess insurance (over the insurance required by this Agreement).

B. Limits of liability: Consultant shall maintain commercial general liability

(CGL) and, if necessary, commercial umbrella insurance with a limit of

not less than $2,000,000 each occurrence. If such CGL insurance

contains a general aggregate limit, either the general aggregate limit

shall apply separately to this project/location or the general aggregate

limit shall be twice the required occurrence limit.

ii. Automobile Liability Insurance. Consultant shall maintain automobile liability

insurance for bodily injury and property damage liability with a limit of not less

than $1,000,000 each accident. Such insurance shall cover liability arising out of

any auto (including owned, hired, and non-owned autos). Coverage shall be at least

as broad as Insurance Services Office Form Number CA 0001. .

iii. Worker's Compensation insurance as required by the laws of the State of

California. Statutory coverage may include Employers Liability coverage with limits

not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by

disease, $1,000,000 each employee bodily injury by disease. The Consultant certifies


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51

that he/she is aware of the provisions of section 3700 of the California Labor Code,

which requires every employer to provide Workers' Compensation coverage, or to

undertake self-insurance in accordance with the provisions of that Code. The

Consultant shall comply with the provisions of section 3700 of the California Labor

Code before commencing performance of the work under this Agreement and

thereafter as required by that code.

iv. Professional Liability/Errors and Omissions insurance appropriate to the

Consultant’s profession with limits not less than $2,000,000 each claim and

$2,000,000 aggregate. If the professional liability/errors and omissions insurance is

written on a claims made form:

a. The retroactive date must be shown and must be before the date of the contract

or the beginning of work.

b. Insurance must be maintained and evidence of insurance must be provided for

at least three (3) years after completion of the contract work.

c. If coverage is cancelled or non-renewed and not replaced with another claims

made policy form with a retroactive date prior to the contract effective date,

the Consultant must purchase extended period coverage for a minimum of

three (3) years after completion of work.

b. Terms Conditions and Endorsements

The aforementioned insurance shall be endorsed and have all the following conditions:

i. Insured Status (Additional Insured): Consultant shall provide insured status using ISO

endorsement CG 20 10 or its equivalent naming the City of Oakland, its

Councilmembers, directors, officers, agents and employees and volunteers as insured’s

in the Comprehensive Commercial General Liability policy. If Consultant submits the

ACORD Insurance Certificate, the insured status endorsement must be set forth on a

CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS

ON THE ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND

WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and

ii. Cancellation Notice: 30-day prior written notice of termination or material change

in coverage and 10-day prior written notice of cancellation for non-payment;

iii. The Workers Compensation policy shall be endorsed with a waiver of subrogation in

favor of the City for all work performed by the Consultant, its employees, agents and

subconsultants.

iv. Certificate holder is to be the same person and address as indicated in the “Notices”

section of this Agreement; and


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52

v. Insurer shall carry insurance from admitted companies with a Best Rating of A VII or

better.

c. Replacement of Coverage

In the case of the breach of any of the insurance provisions of this Agreement, the City

may, at the City's option, take out and maintain at the expense of Consultant, such

insurance in the name of Consultant as is required pursuant to this Agreement, and may

deduct the cost of taking out and maintaining such insurance from any sums which may be

found or become due to Consultant under this Agreement.

d. Insurance Interpretation

All endorsements, certificates, forms, coverage and limits of liability referred to herein

shall have the meaning given such terms by the Insurance Services Office as of the date

of this Agreement.

e. Proof of Insurance

Consultant will be required to provide proof of all insurance required for the work prior

to execution of the contract, including copies of Consultant’s insurance policies if and

when requested. Failure to provide the insurance proof requested or failure to do so in

a timely manner shall constitute ground for rescission of the contract award.

f. Subconsultants

Should the Consultant subcontract out the work required under this agreement, they

shall include all subconsultants as insured’s under its policies or shall maintain separate

certificates and endorsements for each subconsultant. As an alternative, the Consultant

may require all subconsultants to provide at their own expense evidence of all the

required coverages listed in this Schedule. If this option is exercised, both the City of

Oakland and the Consultant shall be named as additional insured under the

subconsultant’s General Liability policy. All coverages for subconsultants shall be

subject to all the requirements stated herein. The City reserves the right to perform an

insurance audit during the course of the project to verify compliance with requirements.

g. Deductibles and Self-Insured Retentions

Any deductible or self-insured retention must be declared to and approved by the City. At

the option of the City, either: the insurer shall reduce or eliminate such deductible or self-

insured retentions as respects the City, its Councilmembers, directors, officers, agents,

employees and volunteers; or the Consultant shall provide a financial guarantee

satisfactory to the City guaranteeing payment of losses and related investigations, claim

administration and defense expenses.

h. Waiver of Subrogation


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53

Consultant waives all rights against the City of Oakland and its Councilmembers,

officers, directors and employees for recovery of damages to the extent these damages

are covered by the forms of insurance coverage required above.

i. Evaluation of Adequacy of Coverage

The City of Oakland maintains the rights to modify, delete, alter or change these

requirements, with reasonable notice, upon not less than ninety (90) days prior written

notice.

j. Higher Limits of Insurance

If the Consultant maintains higher limits than the minimums shown above, The City shall

be entitled to coverage for the higher limits maintained by the Consultant.

END OF SCHEDULE Q – INSURANCE REQUIREMENT


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54

ATTACHMENT C

SCHEDULE E

(PROJECT CONSULTANT TEAM LISTING)

An interactive version of this form can be downloaded from Contract s and Compliance website

http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023379.pdf or

request for a copy from Paula Peav at [email protected] or phone number 510-238-3190

SCHEDULE O

(CAMPAIGN CONTRIBUTION LIMITS) An interactive version of this form can be downloaded from Contract s and Compliance website

http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023287.pdf or

request for a copy from Paula Peav at [email protected] or phone number 510-238-3190






_____________________________________________________________

55


_____________________________________________________________

56


_____________________________________________________________

APPENDICES

Appendix 1: Cooperation Agreement (14 pages)


_____________________________________________________________

Appendix 2: Community Jobs Policies (45 pages)

MDS 10.11.12

Construction Jobs Policy for Public Improvements Page 1

Construction Jobs Policy

Oakland Army Base Project

Public Improvements

I. Purpose. This Construction Jobs Policy sets forth certain requirements regarding hiring

and employment for the construction of the Public Improvements on the former Oakland Army

Base, as defined below and further described in that certain Lease Development and Disposition

Agreement between the City of Oakland and Prologis CCIG Oakland Global, LLC dated

_______________. Contractors participating in the construction of the Public Improvements

agree to comply with terms of this Construction Jobs Policy as a condition of operation, as more

particularly set forth herein.

II. Definitions. As used herein, the following capitalized terms shall have the following

meanings. All definitions include both the singular and plural form.

“Apprentice” shall mean an individual who is enrolled in a Registered Apprenticeship Program

on the date that such individual is hired or assigned to perform the applicable work.

“Apprentice Work Hours” shall mean Project Work Hours performed by Apprentices.

“Background Exceptions” shall mean: (i) law, regulation or policy of any applicable

governmental or quasi-governmental body (including, but not limited to, those established under

the Transportation Worker Identification Credential program and the Customs Trade Partnership

Against Terrorism); or (ii) the Contractor’s good faith determination that the position is of such

sensitivity that individuals with particular types of criminal convictions or histories are

ineligible.

“City” shall mean the City of Oakland.

“Contractor” shall mean any entity employing individuals to perform Project Construction

Work, including Prime Contractor and subcontractors of any tier.

“Developer” shall mean Prologis CCIG Oakland Global, LLC and its approved successors,

assigns and transferees, as set forth in the LDDA.

“Disadvantaged Worker” shall mean a Resident meeting eligibility criteria for California

Enterprise Zone Hiring Credits, as set forth in Cal. Rev. & Tax Code Sec. 23622.7(b)(4)(A), as

in effect on the LDDA Execution Date, a copy of which is attached hereto as Schedule 1.

“Jobs Center” shall mean a referral center to be designated by the City as such for purposes of

implementation of this Policy.

MDS 10.11.12


“LDDA” shall mean that Lease Disposition and Development Agreement described in Section I,

above, and entered into by the City and Developer respecting the development activities at the

Oakland Army Base, as may be amended from time to time.

“LDDA Execution Date” shall mean the date the LDDA is signed by all parties as set forth in

Section I, above.

“Manager” shall mean the City's construction project manager, California Capital & Investment

Group, Inc., as set forth in Article III of the LDDA and in the Property Management Agreement.

“New Apprentice” shall mean a Resident who is newly enrolled (less than 3 months) as an

Apprentice on the date that such individual is hired or assigned to perform the applicable work.

“PLA” shall mean a project labor agreement between the City and the Unions addressed in

Section IV.B, below.

“Policy” shall mean this Construction Jobs Policy for Public Improvements.

“Prime Contractor” shall mean a Contractor awarded a contract directly by Developer, the

City, Manager, or a construction manager to one of those parties, for performance of Project

Construction Work. The parties acknowledge that, as of the LDDA Execution Date, the only

contracts for Project Construction Work that are expected to be issued by Developer are the

contracts related to the Developer Funded Wharf Improvements (and then only if Developer

exercises its option to construct the same pursuant to Section 3.5.1 of the LDDA).

“Project” shall mean the redevelopment activities occurring on the portions Project Site.

“Project Construction Work” shall mean construction work performed on the Project Site and

in furtherance of the Public Improvements.

“Project Site” shall mean the portion of the former Oakland Army Base owned by the City

known as the Gateway Development Area and consisting of the East Gateway, Central Gateway,

West Gateway, North Gateway and AMS Site parcels, as described in the LDDA.

“Project Work Hours” shall mean hours of Project Construction Work performed on the

Project Site.

“Property Management Agreement” shall mean that agreement between California Capital &

Investment Group, Inc., and the City, which defines the duties of the Manager, including acting

as the City's construction project manager for the Public Improvements.

“Public Improvements” shall mean construction work described in the Scope of Public

Improvements attached to the LDDA and performed on the Project Site pursuant to Article III of

the LDDA and Section 4 of the Property Management Agreement.

MDS 10.11.12


“Registered Apprenticeship Program” shall mean a labor-management apprenticeship

program that is currently registered with the State of California’s Division of Apprenticeship

Standards.

“Resident” shall mean an individual domiciled in the City for at least six (6) months prior to the

date that such individual is hired or assigned to perform the applicable work, with “domiciled” as

defined by Section 349(b) of the California Election Code, as in effect as of the LDDA

Execution Date attached, as hereto as Schedule 2.

“Union” shall mean construction trades union(s).

III. EMPLOYMENT REQUIREMENTS.

A. Alternative Approaches. Each Contractor shall either follow the processes set

forth in Section III.B, below, or satisfy the percentage requirements set forth in Section III.C,

below.

B. Hiring and Referral Processes.

1. Contractor Procedures. Contractors shall undertake the following

steps in the following order, in an effort to retain Residents, Disadvantaged Workers, and

Apprentices:

a. Step One: Utilize the Contractor’s discretion to assign to

perform Project Construction Work any current employees who

are Residents, identified Disadvantaged Workers, Apprentices;

b. Step Two: If the Contractor utilizes a Union hiring hall to retain

workers, utilize name call, rehire, or similar procedures in the

relevant collective bargaining agreement to request particular

individuals who have been identified as Residents,

Disadvantaged Workers, or Apprentices;

c. Step Three: If the Contractor utilizes a Union hiring hall to

retain workers, request that the hiring hall refer Residents,

Disadvantaged Workers, or Apprentices;

d. Step Four: If the above steps have not enabled satisfaction of

the percentage requirements set forth in Section III.C of this

Policy related to hiring of Residents, Disadvantaged Workers,

or Apprentices, request referral of needed categories of workers

from the Jobs Center;

e. Step Five: Fairly consider workers that have been referred by

the Jobs Center within three (3) business days of request

MDS 10.11.12


therefor.

2. Hiring Discretion. Nothing in this Policy shall require that any Contractor

hire any particular individual; each Contractor shall have the sole discretion to hire any

individual referred by the Jobs Center or any other person or entity.

C. Percentage Requirements. The requirements of this Section III.C shall be

satisfied if:

1. Residents. For each construction trade in which a Contractor

performs Project Construction Work, at least fifty percent (50%) of Project Work Hours are

performed by Residents.

2. Disadvantaged Workers. For each construction trade in which a

Contractor performs Project Construction Work, at least twenty-five percent (25%) of hours

worked by Apprentices are performed by Disadvantaged Workers.

3. Apprentices. For each construction trade in which a Contractor

performs Project Construction Work, twenty percent (20%) of Project Work Hours are

performed by Apprentices.

4. Credit for Hours Worked on Other Projects. For purposes of

determining the percentage of Project Work Hours performed by Residents under Section III.C.1

or Disadvantaged Workers under Section III.C.2, any hours of construction work performed by

Residents or Disadvantaged Workers on other construction projects performed by a Contractor

(or, if the Contractor is a joint venture, by the entities that comprise the joint venture) during the

term of the Project Construction Work (i.e., the period commencing on the Contractor’s

execution of a contract for the performance of Project Construction Work and expiring on the

substantial completion of the work required under such contract) shall be credited as Project

Work Hours performed by Residents or Disadvantaged Workers, as applicable, in the applicable

construction trade (and shall not increase the total number of Project Work Hours, including

those applicable to such construction trade).

5. Bonus for Retention of New Apprentices. For every one

thousand (1,000) hours beyond an initial one thousand (1,000) hours that any one New

Apprentice works for a Contractor (on the Project Construction Work or otherwise during the

term of the Contractor's Project Construction Work), such Contractor shall be entitled to five

hundred (500) “bonus” hours that may be applied toward satisfaction of the percentage

requirements set forth in Section III.C.1.

D. New Apprentice Sponsorship Requirements for Prime Contractors. In each

calendar year, for each twenty thousand (20,000) Project Work Hours performed by a Prime

Contractor (for the avoidance of doubt, including its subcontractors of any tier), such Prime

Contractor and/or any of its subcontractors of any tier shall sponsor one (1) or more New

Apprentice(s) and employ such New Apprentice(s) for an aggregate total of at least one thousand

MDS 10.11.12


(1,000) hours of Project Construction Work and/or construction work on other projects during

the term of the Prime Contractor's Project Construction Work.

E. Funding Restrictions. For any portion of the Project Construction Work on

which, based on use of federal or state funds, a federal or state agency prohibits application of

any of the requirements of this Policy, the City will, after consultation with Developer, work

collaboratively with the funding agency to adapt the requirements of this Policy to the

restrictions imposed by the funding agency, advancing the goals of this Policy to the greatest

extent permitted by the funding agency. In such cases, Developer and the City shall meet and

confer with regard to the adapted requirements agreed to by the City and the funding agency, and

such requirements shall be applied to portions of the Project Construction Work in question

performed after the imposition of the adapted requirements, and shall automatically become

terms of this Construction Jobs Policy, to which all Contractors agree.

F. Contact Person. At least two (2) weeks prior to performance of Project

Construction Work, or within two (2) business days after execution of a contract for performance

of Project Construction Work, whichever is later, each Contractor shall provide to the City

contact information for a contact person for purposes of implementation of this Policy.

G. Employment Needs Projections.

1. Prime Contractor. Within one (1) month after being awarded a prime

contract for Project Construction Work, any Prime Contractor shall project employment needs by

Project Work Hours for performance of the contract, and provide such projection to the Jobs

Center and the City. Such projection shall indicate number of workers, apprentices, and Project

Work Hours needed by trade, at different stages of performance of the contract.

2. Subcontractors. Each Contractor shall, at least one (1) month before

commencing performance of Project Construction Work, or within two (2) business days after

execution of a contract for performance of Project Construction Work, whichever is later, project

employment needs for performance of the contract, and provide such projection to the Jobs

Center and the City. Such projection shall indicate number of workers, apprentices, and Project

Work Hours needed by trade, at different stages of performance of the contract.

3. Compliance Plan. Prior to commencement of construction, Prime

Contractors may request participation from the City in negotiation of a proactive compliance

plan with regard to requirements of this Policy. The City shall negotiate in good faith in an

attempt to reach agreement on such a plan. Negotiated compliance plans may streamline and

clarify responsibilities under this Policy, but may not conflict with this Policy. If such a plan is

agreed to by Prime Contractor and the City, then compliance with the plan shall be compliance

with this Policy.

H. Determination of Status. The applicable Contractor’s determination of whether

any individual is a Resident or New Apprentice shall be binding in determining whether the

requirements of this Policy have been satisfied, including the requirements of Sections III.B and

III.C, provided that such Contractor obtains reasonable documentation demonstrating that such

MDS 10.11.12


individual is a Resident or New Apprentice at the time that such individual is assigned or hired

and such Contractor retains such documentation and makes it available to City for inspection at

reasonable times. The City shall keep all documentation provided pursuant to this Section III.H

confidential, subject to applicable law. The Jobs Center shall make determinations of

Disadvantaged Worker status. The Jobs Center shall make such determinations promptly upon

request from a Contractor, a Union, an apprenticeship program, or the City.

I. Worker Qualifications. Unless a criminal background check is required by any

of the Background Exceptions, a Contractor shall neither request from prospective workers, nor

independently research prospective workers’ history of involvement with the criminal justice

system. Where a criminal background check is required by any Background Exception, subject

to the requirements of such Background Exception the Contractor shall: (a) include the following

statement in the position description: “This position is subject to a background check for any

convictions related to its responsibilities and requirements. Only criminal histories (i) related to

job requirements and responsibilities or (ii) related to violent acts will be considered and will not

automatically disqualify a finalist candidate.”; (b) undertake the background check only after the

initial interview (or, if no interview is undertaken, after a candidate has received a conditional

offer of employment for the position in question); (c) consider only criminal histories (i) related

to job requirements and responsibilities or (ii) related to violent acts; and (d) take into account

the age of the individual at the time of the offense, the time that has passed since the offense, the

nature and seriousness of the offense, and any evidence of the individual’s rehabilitation. Unless

a credit history is required by any of the Background Exceptions or Contractor’s good faith

determination that the position is of such sensitivity that individuals with particular types of

credit histories are ineligible, a Contractor shall neither request, nor independently research,

prospective workers’ credit histories.

IV. MISCELLANEOUS.

A. Reporting Requirements. Contractors shall submit monthly certified payroll

records to the City, with an indication as to which hours of Project Construction Work were

worked by Residents, Disadvantaged Workers, Apprentices, and New Apprentices. Each

Contractor shall also provide other records or information requested by the City regarding

fulfillment of responsibilities under this Policy. All such records and information shall be

considered public documents. Prior to such documents being released to the public, the City will

redact identifying information from such documents to protect privacy of individuals.

B. Project Labor Agreement. As set forth in the LDDA, in order to protect the

City’s proprietary interest in prompt completion of Public Improvements, and to implement this

Policy, the City has or will have entered into a Project Labor Agreement (PLA) with the

Building and Construction Trades Council of Alameda County covering the Public

Improvements, with contractors and subcontractors to perform work under terms of such PLA,

and such PLA to be consistent with and facilitate compliance with this Policy.

C. Contract/Subcontracts. Manager under the Property Management Agreement

shall include compliance with this Policy as a material term of any contract entered into by the

MDS 10.11.12


Manager under which Project Construction Work will be performed. If Manager complies with

this Section IV.C, Manager shall not be liable for any breach of this Policy by any Contractor (or

any Contractor’s subcontractors at any sub-tier level). Each Contractor shall include compliance

with this Policy as a material term of any subcontract under which Project Construction Work

will be performed (including, as applicable, any construction management agreement), with such

subcontractor having all rights and responsibilities of a Contractor. If a Contractor enters into a

subcontract in violation of this Section III.C, then such Contractor shall be liable for any breach

of this policy at any sub-tier level(s). If a Contractor complies with this Section III.C, such

Contractor shall not be liable for any breach of this policy at any sub-tier level.

D. Assurance Regarding Preexisting Contracts. Each Contractor warrants and

represents that as of the date that a contract incorporating this Policy became effective, it has

executed no contract pertaining to the Project or the Project Site that would have violated this

Policy had it been executed after that date, or would interfere with fulfillment of or conflict with

terms of this Policy. If, despite this assurance, an entity that has agreed to comply with this

Policy has entered into such contract, then upon request from the City it shall either amend that

contract to include the provisions required by this Policy, or terminate that contract.

E. Third Party Beneficiaries. The City is an intended third-party beneficiary of

any contract that incorporates this Policy, but only for the purposes of enforcing the terms of this

Policy. There shall be no other third party beneficiaries of this Policy. The City shall not

delegate any of its responsibilities to any third party, require the consent of any third party or act

solely upon the direction of any third party in performing its obligations or exercising its rights

under this Policy.

F. Remedies.

1. Liquidated Damages for Percentage Requirements. If a

Contractor fails to satisfy at least one of the alternative approaches required by Section III.A of

this Policy, then as the sole and exclusive remedy therefor, such Contractor shall pay to the City

liquidated damages in an amount equal to twenty dollars ($20) for each hour short of the

percentage requirement. For example, if there are one thousand (1,000) Project Work Hours,

with four hundred fifty (450) Project Work Hours performed by Residents, then the liquidated

damages shall be in an amount equal to $20 x 50 = $1,000. A Contractor shall not owe

liquidated damages if it negotiates a compliance plan with the City pursuant to Section III.G.3,

and complies with such negotiated compliance plan. Any liquidated damages collected by the

City shall be used solely to support training, referral, monitoring, or technical assistance to

advance the purposes of this Policy.

2. Specific Performance. Except with respect to Contractor’s failure to

satisfy at least one of the alternative approaches required by Section III.A (for which the sole and

exclusive remedy is set forth in Section IV.F.1), the City may bring an action for specific

performance to ensure compliance with this Policy.

G. Out-of-State Workers. The requirements of Sections III.B (with respect to the

hiring of Residents and Disadvantaged Workers), III.C.1 and III.C.2 shall not apply to Project

MDS 10.11.12


Work Hours performed by residents of states other than the State of California (and such hours

shall not be considered Project Work Hours for purposes of determining satisfaction of the

percentage requirements of Section III.C.1 and III.C.2). Notwithstanding the above, if, for any

calendar year, the percentage of Project Work Hours worked by residents of states other than the

State of California exceeds thirty percent (30%) of Project Work Hours in such calendar year,

then for all subsequent years of work on the Project, the first sentence of this Section IV.G. shall

not apply, and the requirements of Section III.B (with respect to the hiring of Residents and

Disadvantaged Workers), and the percentage requirements of Sections III.C.1 or III.C.2, shall be

applicable to all Project Work Hours, including those performed by residents of states other than

the State of California.

H. Material Term. This Policy is a material term of any contract into which it is

incorporated.

I. Severability. If any of the provisions of this Policy are held by a court of

competent jurisdiction to be invalid, void, illegal, or unenforceable, that holding shall in no way

affect, impair, or invalidate any of the other provisions of this Policy. If this Policy’s Resident

qualification is deemed invalid by final decision of a court of competent jurisdiction, then

“Resident” shall mean an individual domiciled in the City prior to the date that such individual is

hired or assigned to perform the applicable work, with “domiciled” as defined by Section 349(b)

of the California Election Code, as in effect on the LDDA Execution Date.

J. Applicable Law and Compliance with Law. This Policy shall be governed by

and construed in accordance with the laws of the State of California and the United States and

shall be enforced only to the extent that it is consistent with those laws. Parties who have agreed

to comply with this Policy agree: (i) that their understanding is that all terms of this Policy are

consistent with federal, state, and local law; and (ii) that this Policy shall be reasonably

interpreted so as to comply with any conflicting law.

K. Successors and Assigns. This Policy shall be binding upon and inure to the

benefit of successors and assigns of any party to a contract incorporating this Policy. References

in this Policy to any entity shall be deemed to apply to any successor of that entity.

L. Warranties and Representation. Each party to a contract incorporating this

Policy agrees not to either affirmatively or by way of defense seek to invalidate or otherwise

avoid application of the terms of this Policy in any judicial action or arbitration proceeding; has

had the opportunity to be consult counsel regarding terms of this Policy, and has agreed to such

terms voluntarily as a condition of entering into a contract that incorporates this Policy. This

Policy shall not be strictly construed against any entity, and any rule of construction that any

ambiguities be resolved against the drafting party shall not apply to this Policy.

MDS 10.11.12


Schedule 1

Cal. Rev. & Tax Code Sec. 23622.7(b)(4)(A)

MDS 10.11.12


Schedule 2

Section 349(b) of the California Election Code

MDS 10.11.12

Construction Jobs Policy for Vertical Construction Page 1

Construction Jobs Policy


Vertical Construction

I. Purpose. This Construction Jobs Policy sets forth certain requirements regarding hiring

and employment related to Vertical Construction, as defined below, on portions of the Oakland

Army Base to be leased and developed pursuant to that certain Lease Development and

Disposition Agreement between the City of Oakland and Prologis CCIG Oakland Global, LLC

dated ______________. Contractors participating in Vertical Construction will agree to comply

with terms of this Policy as a condition of construction, as more particularly set forth herein.



“Apprentice” shall mean an individual who is enrolled in a Registered Apprenticeship Program.

“Apprentice Work Hours” shall mean Project Work Hours performed by Apprentices.




Against Terrorism); (ii) the Contractor’s good faith determination that the position is of such


ineligible; and (iii) the Contractor’s hiring policies that are uniformly applied on a national basis

with respect to prospective workers’ history of involvement with the criminal justice system. A

Contractor’s hiring policies with respect to prospective workers’ history of involvement with the

criminal justice system that are uniformly applied in the State of California, rather than on a

national basis, may also be considered a Background Exception pursuant to written approval of

the City Administrator. The City Administrator shall reasonably consider any request for such

approval by Developer or the applicable Contractor if Developer or such Contractor reasonably

demonstrates that a Background Exception is reasonably necessary in order to avoid significant

economic or operational hardship for Developer or the Contractor.

“Billboard Agreement” shall mean that certain agreement between the City and Prologis CCIG

Oakland Global, LLC, to construct and operate up to five (5) billboards on the Oakland Army

Base, as authorized under the LDDA, as may be amended from time to time.

“Billboard Tenant” shall mean the sublessee and any successors and assigns under the

Billboard Agreement.

“Contractor” shall mean any entity employing individuals to perform Project Construction

Work, including Prime Contractors and subcontractors of any tier.


MDS 10.11.12



assigns and transferees, under the LDDA.

“Ground Lease” shall mean, as applicable, (a) that certain Army Base Gateway Redevelopment

Project Ground Lease for the East Gateway, by and between the City of Oakland and Prologis

CCIG Oakland Global, LLC, or its permitted designee, (b) that certain Army Base Gateway

Redevelopment Project Ground Lease for the Central Gateway, by and between the City of

Oakland and Prologis CCIG Oakland Global, LLC, or its permitted designee; or (c) that certain

Army Base Gateway Redevelopment Project Ground Lease for the West Gateway, by and

between the City of Oakland and Prologis CCIG Oakland Global, LLC, or its permitted

designee; each agreement as amended from time to time.



“LDDA” shall mean that Lease Disposition and Development Agreement described in Section I,

above, and entered into by the City and Developer respecting the development activities at the

Oakland Army Base, as may be amended from time to time.


Section I, above.

“New Apprentice” shall mean a Resident who is newly enrolled (less than 3 months) as an

Apprentice.

“Policy” shall mean this Construction Jobs Policy for Vertical Construction.

“Prime Contractor” shall mean a Contractor awarded a contract directly by Developer, any

Tenant, Billboard Tenant, or a construction manager to one of those parties, for performance of

Project Construction Work.

“Project” shall mean the redevelopment activities occurring on the Project Site.

“Project Construction Work” shall mean Vertical Construction performed on the Project Site.

“Project Site” shall mean the portions of the former Oakland Army Base that may be leased to

Developer or its affiliates, successors or assigns pursuant to the LDDA.

“Project Work Hours” shall mean hours of Project Construction Work.

“Registered Apprenticeship Program” shall mean a labor-management apprenticeship

program that is currently registered with the State of California’s Division of Apprenticeship

Standards.

“Resident” shall mean an individual domiciled in the City for at least six months prior to the


defined by Section 349(b) of the California Election Code, as in effect as of the LDDA

Execution Date attached hereto as Schedule 1.

“Tenant” shall mean any entity leasing space in the Project Site.

“Union” shall mean construction trades union(s).

“Vertical Construction” shall mean construction work related to (i) initial construction under

the Billboard Agreement; (ii) initial construction of private site improvements and core and shell

MDS 10.11.12


building improvements; (iii) subsequent construction or maintenance under the Billboard

Agreement for which the contracts with all Prime Contractors responsible for such work are

worth, in the aggregate, over one million dollars ($1,000,000); or (iv) subsequent construction or

maintenance of tenant improvements under a Ground Lease or other leasing arrangement

between the City and the Developer, or sublease thereof, for which the contracts with all Prime

Contractors responsible for such work are worth, in the aggregate, over one million dollars

($1,000,000); in all events excluding the cost of any furniture, fixtures or equipment.

“Vertical PLA” shall mean any project labor agreement governing Vertical Construction and

executed by the Alameda County Building Trades Council and Developer and/or Billboard

Tenant.

III. EMPLOYMENT REQUIREMENTS.

A. Alternative Approaches. Each Contractor shall either follow the processes

set forth in Section III.B, below, or satisfy the percentage requirement set forth in Section III.C,

below.

B. Hiring and Referral Processes.

1. Contractor Procedures. Contractors shall undertake the following

steps in the following order, in an effort to retain Residents:

a. Step One: Assign to perform Project Construction Work any

current employees who are Residents;

b. Step Two: Utilize name call, rehire, or similar procedures in the

relevant collective bargaining agreement to request particular individuals who have been

identified, in cooperation with the Unions, as Residents;

c. Step Three: Request that the Union hiring hall refer Residents;

d. Step Four: If the above steps have not enabled satisfaction of the

percentage requirement of this Policy related to hiring of Residents, request referral of Residents

from the Jobs Center.

e. Step Five: Fairly consider workers that have been referred by the

Jobs Center within three (3) business days of the request therefor.

C. Percentage Requirement.

1. Residents. The percentage requirement of this Section III.C is

satisfied if, for each construction trade in which a Contractor performs Project Construction

Work, at least fifty percent (50%) of the Project Work Hours in such construction trade are

performed by Residents.

2. Credit for Hours Worked on Other Projects. For purposes of

determining the percentage of Project Work Hours performed by Residents under Section

MDS 10.11.12


III.C.1, any hours of construction work performed by Residents on other construction projects

performed by a Contractor (or, if the Contractor is a joint venture, by the entities that comprise

the joint venture) during the term of the Contractor's Project Construction Work (i.e., the period

commencing on the Contractor’s execution of a contract for the performance of Vertical

Construction and expiring on the substantial completion of the work required under such

contract) shall be considered Project Work Hours performed by Residents in the applicable

construction trade (and shall not increase the total number of Project Work Hours, including

those applicable to such construction trade).

3. Bonus for Retention of New Apprentices. For every one thousand

(1,000) hours beyond an initial one thousand (1,000) hours that any one New Apprentice works,

directly or indirectly, for a Prime Contractor (including for such Prime Contractor’s

subcontractors of any tier) during the term of the Prime Contractor's Project Construction Work,

such Prime Contractor shall be entitled to five hundred (500) “bonus” hours that shall be credited

against the requirement for Project Work Hours performed by Residents under Section III.C.1.

D. Apprentices.

1. New Apprentice Sponsorship Requirements for Prime

Contractors. In each calendar year, for each twenty thousand (20,000) Project Work Hours

performed by a Prime Contractor (for the avoidance of doubt, including its subcontractors of any

tier), such Prime Contractor and/or any of its subcontractors of any tier shall sponsor one (1) or

more New Apprentice(s) and employ such New Apprentice(s) for an aggregate total of at

least one thousand (1,000) hours of Project Construction Work and/or construction work on other

projects during the term of the Prime Contractor's Project Construction Work.

2. Twenty Percent Utilization Requirement. For all Project Work

Hours in aggregate, performed by any Contractor, Apprentice Work Hours shall constitute at

least twenty percent (20%) of Project Work Hours.

E. Hiring Discretion. Nothing in this Policy shall require that any Contractor

hire any particular individual; each Contractor shall have the sole discretion to make hiring

decisions with regard to any individual referred by the Jobs Center or any other person or entity.

F. Funding Restrictions. For any portion of the Project Construction Work on


the requirements described above, the City will, after consultation with Developer, work

collaboratively with the funding agency to adapt the above requirements to the restrictions

imposed by the funding agency, advancing the goals of this Policy to the greatest extent

permitted by the funding agency. In such cases, Developer and the City shall meet and confer

with regard to the adapted requirements agreed to by the City and the funding agency, and such

requirements shall be applied to portions of the Project Construction Work in question for the

period required by such agency, and shall automatically become terms of this Policy with respect

to such Project Construction Work.

G. Contact Person. At least two (2) weeks prior to performance of Project

Construction Work, or within two (2) business days after execution of a contract for performance

MDS 10.11.12


of Project Construction Work, whichever is later, each Contractor shall provide to the City

contact information for a contact person for purposes of implementation of this Policy.

H. Employment Needs Projections.

1. Prime Contractor. Within one (1) month of being awarded a prime

contract for Project Construction Work, any Prime Contractor shall project employment needs

for performance of the contract, and provide such projection to the Jobs Center and the City.

Such projection shall indicate number of workers and apprentices needed by trade, at different

stages of performance of the Project Construction Work.

2. Contractors. Each Contractor shall, at least one (1) month before

commencing performance of Project Construction Work, or within two (2) business days after

execution of a contract for performance of Project Construction Work, whichever is later, project

employment needs for performance of the Project Construction Work, and provide such

projection to the Jobs Center and the City. Such projection shall indicate number of workers and

Apprentices needed by trade to complete the Project Construction Work.

3. Compliance Plan. Prior to commencement of construction, Prime

Contractors may request participation from the City in negotiation of a proactive compliance

plan with regard to requirements of this Policy. The City shall negotiate in good faith in an

attempt to reach agreement on such a plan. Negotiated compliance plans may streamline and

clarify responsibilities under this Policy, but may not conflict with this Policy. If such a plan is

agreed to by Prime Contractor and the City, then compliance with the plan shall be compliance

with this Policy.

I. Worker Qualifications. Unless a criminal background check is required by

any of the Background Exceptions, a Contractor shall neither request from prospective workers,

nor independently research prospective workers’ history of involvement with the criminal justice


to the requirements of such Background Exception the Contractor shall: (a) include the following










a credit history is required by any of the Background Exceptions or Contractor’s good faith


credit histories are ineligible, a Contractor shall neither request from prospective workers, nor

independently research prospective workers’ credit histories.

MDS 10.11.12


J. Project Labor Agreement. As more particularly set forth in the applicable

Ground Lease or the Billboard Agreement, Developer and Billboard Tenant, respectively, will

have entered into a Vertical PLA with the Alameda County Building and Construction Trades

Council covering the Project Construction Work, with all contractors and subcontractors to

perform work under terms of such Vertical PLA, and such Vertical PLA to be consistent with

and facilitate compliance with this Policy.

IV. MISCELLANEOUS.

A. Contracts/Subcontracts. Developer and each Tenant or Billboard Tenant

shall include compliance with this Policy as a material term of any contract under which Project

Construction Work will be performed (including any applicable construction management

agreement). If Developer, Tenant or Billboard Tenant complies with this Section IV.A, such

entity shall not be liable for any breach of this Policy by any Contractor. Each Contractor shall

include compliance with this Policy as a material term of any subcontract under which Project

Construction Work will be performed (including any applicable construction management

agreement), with such subcontractor having all rights and responsibilities of a Contractor under

this Policy. If a Contractor enters into a subcontract in violation of this Section IV.A, then such

Contractor shall be liable for any breach of this Policy with respect to Project Construction Work

performed by such subcontractor. If a Contractor complies with this Section IV.A, such

Contractor shall not be liable for any breach of this Policy at any sub-tier level.

B. Assurance Regarding Preexisting Contracts. Each Contractor warrants

and represents that as of the date that a contract incorporating this Policy became effective, it has

executed no contract pertaining to the Project or the Project Site that would have violated this

Policy had it been executed after that date, or would interfere with fulfillment of or conflict with

terms of this Policy. If, despite this assurance, an entity that has agreed to comply with this

Policy has entered into such contract, then upon request from the City it shall either amend that

contract to include the provisions required by this Policy, or terminate that contract.

C. Third Party Beneficiaries. The City is an intended third-party beneficiary

of any contract that incorporates this Policy, but only for the purposes of enforcing the terms of

this Policy. There shall be no other third party beneficiaries of this Policy. The City shall not

delegate any of its responsibilities to any other third party, require the consent of any third party

or act solely upon the direction of any third party in performing its obligations or exercising its

rights under this Policy.

D. Reporting Requirements. Contractors shall submit monthly certified

payroll records to the City, with an indication as to which Project Work Hours were worked by

Residents and New Apprentices. Each Contractor shall also provide other records or information

requested by the City regarding fulfillment of responsibilities under this Policy. All such records

and information shall be considered public documents. Prior to such documents being released

to the public, the City will redact identifying information from such documents to protect privacy

of individuals.

MDS 10.11.12


E. Determination of Status. A Contractor’s determination of whether any

individual is a Resident or New Apprentice shall be binding in determining whether the

requirements of this Policy have been satisfied, including the requirements of Sections III.B and

III.C, provided that such Contractor obtains reasonable written documentation demonstrating that

such individual is a Resident or New Apprentice at the time that such individual is assigned or

hired and such Contractor retains such documentation and makes it available to City for

inspection at reasonable times.

F. Remedies.

1. Liquidated Damages for Percentage Requirement. If a

Contractor fails to satisfy at least one of the alternative approaches required by Section III.A of

this Policy, then as the sole and exclusive remedy therefor, such Contractor shall pay to the City

liquidated damages in an amount equal to twenty dollars ($20) for each hour short of the

percentage requirement. For example, if there are one thousand (1,000) Project Work Hours,

with four hundred fifty (450) Project Work Hours performed by Residents, then the liquidated

damages shall be in an amount equal to $20 x 50 = $1,000. A Contractor shall not owe

liquidated damages if it negotiates a compliance plan with the City pursuant to Section III.H.3,

and complies with such negotiated compliance plan. Any liquidated damages collected by the

City shall be used solely to support training, referral, monitoring, or technical assistance to


2. Specific Performance. Except with respect to Contractor’s failure to

satisfy at least one of the alternative approaches required by Section III.A (for which the sole and

exclusive remedy is set forth in Section IV.F.1), the City may bring an action for specific

performance to ensure compliance with this Policy.

3. No Breach of Certain Agreements. So long as Developer and

Billboard Tenant have included compliance with this Policy as a material term of any contract

under which Project Construction Work will be performed, a Contractor’s noncompliance with

this Policy shall not constitute a breach of the LDDA or its related agreements (ground leases

and Billboard Agreement, as applicable).

G. Exemptions.

1. For Core Workers. The requirements of Sections III.B and III.C

shall not apply to hours of Project Construction Work performed by members of a Contractor’s

core workforce (and such hours shall not be considered Project Work Hours for purposes of

determining satisfaction of the percentage requirements of Section III.C.1). For a Contractor that

is certified by the City of Oakland as a Very Small Local Business Enterprise, a Small Local

Business Enterprise, or a Local Business Enterprise, a member of the core workforce is a worker

who has appeared on payroll records for at least seven hundred fifty (750) hours of work in

the one hundred eighty (180) days prior to that Contractor’s commencement of the applicable

Project Construction Work. For any other Contractor, a member of the core workforce is a

worker who has appeared on payroll records for at least one thousand five hundred (1,500) hours

MDS 10.11.12


of work in the three hundred sixty five (365) days prior to that Contractor’s commencement of

the applicable Project Construction Work.

2. For Out-of-State Workers. The requirements of Sections III.B and

III.C shall not apply to hours of Project Construction Work performed by residents of states other

than the State of California (and such hours shall not be considered Project Work Hours for

purposes of determining satisfaction of the percentage requirements of Section III.C.1).

Notwithstanding the above, if, for any calendar year, the percentage of Project Work Hours

worked by residents of states other than the State of California exceeds thirty percent (30%) of

all Project Work Hours in such calendar year, then for all subsequent years of work on the

Project, the first sentence of this Section IV.G.2 shall not apply, and the requirements of Sections

III.B or III.C shall be applicable to all hours of Project Construction Work, including those

performed by residents of states other than the State of California.

H. Material Term. This Policy is a material term of any contract into which it

is incorporated.

I. Emergency. Developer, Tenant, Billboard Tenant or Contractors may apply

to the City Administrator for a waiver of Sections III.B, III. C, III.D(2) and III(H)(1) of this

Policy on a temporary basis with regard to a particular portion of the requesting party’s work on

grounds of a major emergency or risk of serious damage to property, such as natural disaster or

fire. The City Administrator may grant such wavier only for a period of time necessary to

respond to the emergency or serious property damage and only where the requesting party

demonstrates (i) specific evidence of a major emergency or risk of serious property damage, the

response to which requires rapid hiring of a significant number of temporary workers, (ii) that

application of Sections III.B and III.C of this Policy would necessarily lead to an inability to

address the emergency within the necessary timeframe or without substantial risk to safety of

workers or serious damage to property, and (iii) that such inability or such risk cannot be avoided

through changes to staffing, supervision, or operations in conjunction with application of

Sections III.B, III.C, III.D(2) and III(H)(1) of this Policy. If Developer, Tenant, Billboard

Tenant or any Contractor reasonably and in good faith believes that such a major emergency or

risk of serious damage to property requires, and such entity undertakes, immediate action prior to

obtaining any such waiver, then the City shall reasonably consider granting any requested waiver

on a retroactive basis with respect to such actions.

J. Severability. If any of the provisions of this Policy are held by a court of


affect, impair, or invalidate any of the other provisions of this Policy. If this Policy’s six (6)-

month requirement for qualification as a Resident is deemed invalid by final decision of a court

of competent jurisdiction, then “Resident” shall mean an individual domiciled in the City prior to

the date that such individual is hired or assigned to perform the applicable work, with

“domiciled” as defined by Section 349(b) of the California Election Code, as in effect on the

LDDA Execution Date.

K. Applicable Law and Compliance with Law. This Policy shall be governed

by and construed in accordance with the laws of the State of California and the United States and

MDS 10.11.12






L. Successors and Assigns. This Policy shall be binding upon and inure to the



M. Warranties and Representation. Each party to a contract incorporating this



had the opportunity to be consult counsel regarding terms of this Policy, and has agreed to such




MDS 10.11.12


Schedule 1


MDS 10.11.12

Operations Jobs Policy for West Gateway Page 11

Operations Jobs Policy


West Gateway

I. Purpose. This Operations Jobs Policy sets forth certain requirements regarding hiring

and employment for jobs related to operation of the development on the Project Site associated

with the West Gateway Ground Lease, as described in that certain Lease Disposition and

Development Agreement between the City of Oakland and Prologis CCIG Oakland Global, LLC

dated ______________. Employers in the Project Site agree to comply with terms of this

Operations Jobs Policy as a condition of entry into any agreement to which this Policy is

attached. This Operations Jobs Policy does not cover construction hiring or construction

employment.






Against Terrorism); and (ii) the Employer's good faith determination that the position is of such


ineligible.





Enterprise Zone Hiring Credits, as set forth in Cal. Rev. & Tax Code Sec. 23622.7(b)(4)(A), as

in effect on the LDDA Execution Date, a copy of which is attached hereto as Schedule 1, on the

date that such individual is hired or assigned to perform the applicable work.

“Employer” shall mean any entity employing at least two full time equivalent individuals to

perform On-Site Jobs. For example, this threshold would be satisfied by employment of either

two full-time workers or four half-time workers to perform On-Site Jobs.



“Large Employer” shall mean any entity having a total job count of forty (40) or greater, and

either leasing space within the Project Site or performing services within the Project Site

pursuant to one or more service or labor supply contracts. For purposes of this definition, “total

MDS 10.11.12


job count” shall mean the number of individuals working in On-Site Jobs and employed directly

by the entity in question, working under a service contract or labor supply contract with the

entity in question, or working under any related subcontract or agreement with the entity in

question.

“LDDA” shall mean the Lease Disposition and Development Agreement described in Section I,

above, and entered into by City and Developer respecting the development of the Oakland Army

Base, as may be amended from time to time.


Section I, above.

“On-Site Job” shall mean any job for which at least fifty percent (50%) of the work hours

during any calendar year are performed on the Project Site.

“Policy” shall mean this Operations Jobs Policy for the West Gateway.


“Project Site” shall mean the parcels of land to be leased pursuant to the West Gateway Ground

Lease, as may be amended (or as those parcels may be otherwise leased or conveyed in the

future).



defined by Section 349(b) of the California Election Code, as in effect on the LLDA Execution

Date, attached hereto as Schedule 2.


“West Gateway Ground Lease” means that certain ground lease, the form of which is

Attachment 3 to the LDDA, that the City intends to lease to CCIG Oakland Global LLC or its

affiliate pursuant to the terms of the LDDA.

III. Local Hiring.

A. Hiring Process.

1. Long-Range Planning. As soon as the information is available following a

Large Employer’s execution of a contract under which it will operate at the Project Site and

within thirty (30) days of each January 1 thereafter, the Large Employer shall provide to the City

and the Jobs Center information regarding such Large Employers’ good faith projection of the

number and type of On-Site Jobs that such Large Employer reasonably believes it will need to

fill during the applicable calendar year and the basic qualifications anticipated to be necessary

for such On-Site Jobs.

MDS 10.11.12


2. Initial Hiring Process.

a. Notification of Job Opportunities. At least four (4) weeks prior

to the date that a Large Employer is anticipated to commence operations in the Project Site, or, if

such Large Employer executes a contract under which it will operate at the Project Site less than

four (4) weeks prior to such anticipated date, within two (2) business days following execution of

such contract and prior to commencing operations (any such period, the “Initial Notice Period”),

such Large Employer shall notify the Jobs Center of openings for non-management On-Site Jobs

and provide a clear and complete description of job responsibilities and qualifications therefor,

including expectations, salary, minimum qualifications, work schedule, duration of employment,

required standard of appearance, and any special requirements (e.g., language skills, drivers’

license, required background check, etc.). Job qualifications shall be limited to qualifications

directly related to performance of job duties.

b. Hiring. The Large Employer shall use normal hiring practices,

including interviews, to consider all Residents and Disadvantaged Workers referred by the Jobs

Center and meeting the qualifications described in the referral request during the Initial Notice

Period, or until all open positions for non-management On-Site Jobs are filled, whichever is

sooner. The Large Employer shall make best efforts to fill all openings for non-management On-

Site Jobs with Residents and Disadvantaged Workers referred by the Jobs Center. If at the

conclusion of the Initial Notice Period the Large Employer has been unable to fill all available

non-management On-Site Jobs with Residents and Disadvantaged Workers referred by the Jobs

Center, the Large Employer may use other recruitment methods to fill the position(s).

c. Pre-opening Transfer. Provisions of this Section III.A.2 are not

applicable to a Large Employer that is closing a facility located outside Oakland and is

transferring the majority of its staff from the previous facility to a new facility within Oakland.

Upon commencing operation in the new facility, such a Large Employer is covered by Section

III.A.3, below. Provisions of this Section III.A.2 are applicable to Large Employers who hire for

positions in facilities located outside Oakland with the intention of transferring such hires to a

new facility at the Project Site upon commencement of operations for the new facility. All such

hires shall be made consistent with the provisions of this Section III.A.2.

d. Jobs Center Feedback. Following the completion of the initial

hiring process set forth in this Section III.A.2, at the request of the City, a Large Employer shall

meet and confer with the City Administrator and the Jobs Center to provide feedback on the

initial hiring process so as to ensure that the Jobs Center may meet the future employment needs

of the Large Employer and any future Employer, as relevant, and ensure the maximum hiring of

Residents and Disadvantaged Workers feasible given the opportunities to be created by the

Project.

3. Ongoing Hiring Process.

a. Notification of Job Opportunities. After a Large Employer has

commenced operations at the Project Site, it shall continue to use the Jobs Center in accordance

MDS 10.11.12


with this Section III.A.3 as a resource to fill openings for On-Site Jobs. When a Large Employer

has an opening for an On-Site Job available, the Large Employer shall notify the Jobs Center of

such job openings and provide a clear and complete description of job responsibilities and

qualifications, including expectations, salary, minimum qualifications, work schedule, duration

of employment, required standard of appearance, and any special requirements (e.g. language

skills, drivers’ license, required background check, etc.). Job qualifications shall be limited to

qualifications directly related to performance of job duties.

b. Hiring. The Large Employer shall then use standard hiring

practices, including interviews, to consider all Residents and Disadvantaged Workers referred by

the Jobs Center and meeting the qualifications described in the referral request during a five (5)-

day period after initial notification to the Jobs Center, or until all open On-Site Jobs are filled,

whichever is sooner. The Large Employer shall make good faith efforts to fill all available On-

Site Jobs with Residents and Disadvantaged Workers referred through the Jobs Center. If at the

conclusion of the five (5)-day period the Large Employer has been unable to fill all openings for

On-Site Jobs with Residents and Disadvantaged Workers referred by the Jobs Center, the Large

Employer may use other recruitment methods.

4. Priorities for Initial and Ongoing Hiring. In exercising its efforts required

by this Policy to fill all available On-Site Jobs with Residents and Disadvantaged Workers

referred by the Jobs Center, each Large Employer shall apply the following priorities in hiring

Residents:

i. First Priority: Residents of zip codes 94607, 94612, 94608, and

94609;

ii. Second Priority: Residents of the Oakland Enterprise Zone Targeted

Employment Area, as designated on the LDDA Execution Date,

attached hereto as Schedule 3; and

iii. Third Priority: other Residents of the City of Oakland.

5. Nondiscrimination. Employers shall not discriminate against Residents or

Disadvantaged Workers on the basis of their Resident status, status as a Disadvantaged Worker,

or on any prohibited basis in any terms and conditions of employment, including retention,

promotions, job duties, shift assignments, and training opportunities.

6. Worker Qualifications. Unless a criminal background check is required by

any of the Background Exceptions, an Employer shall neither request from prospective workers,

nor independently research prospective workers’ history of involvement with the criminal justice


to the requirements of such Background Exception the Employer shall: (a) include the following






MDS 10.11.12






a credit history is required by any of the Background Exceptions or Employer’s good faith


credit histories are ineligible, an Employer shall neither request, nor independently research,

prospective workers’ credit histories. To the extent that this Section III.A.6 conflicts with any

requirements of this Policy related to Disadvantaged Workers, this Section III.A.6 shall control.

B. Monitoring and Enforcement.

1. Safe Harbor Provision. Any Large Employer for whom at least fifty percent

(50%) of workers hired for On-Site Jobs during a particular year were Residents, and for whom

at least twenty-five percent (25%) of workers hired for On-Site Jobs during a particular year

were Disadvantaged Workers, shall be deemed to be in compliance with Sections III.A.2, and

III.A.3 of this Policy, for all hiring during that year. For the avoidance of doubt, for purposes of

determining the percentages of workers hired for On-Site Jobs during a particular year that were

Residents and Disadvantaged Workers, a Disadvantaged Worker shall be counted as both a

Resident and a Disadvantaged Worker.

2. Credit for Hiring at Other Locations. Large Employers shall receive credit

toward achievement of the Safe Harbor threshold set forth in Section III.B.1 for any hires of

Residents or Disadvantaged Workers to perform jobs at other locations, so long as such

Residents or Disadvantaged Workers are compensated in an amount equal to or in excess of that

set forth in the Oakland Living Wage Ordinance (Oakland Municipal Code Section 2.28.010 et

seq.). For example, if a Large Employer hires ten (10) workers for On-Site Jobs in a year, and

six (6) are Residents, and in that year such Large Employer also hires one (1) Resident to

perform a job at another location with such compensation, then, for purposes of Section III.B.1,

seven (7) of such ten (10) workers will be deemed to be Residents).

3. Retention Incentive. For every two-thousand (2,000) hours that any one

Resident or Disadvantaged Worker hired pursuant to this Policy works for a Large Employer,

that Large Employer shall be entitled to a “bonus” hiring credit towards achievement of the Safe

Harbor threshold set forth in Section III.B.1, above. For example, if a Large Employer hires ten

(10) workers for On-Site Jobs in a year, and six (6) are Residents, and a Resident works his or

her two thousandth (2,000th

) hour for such Large Employer, then, for purposes of Section III.B.1,

seven (7) of such ten (10) workers will be deemed to be Residents. For any employee that does

not work on an hourly basis, hours shall be counted towards this threshold on the basis of forty

(40) hours per week of full time employment so long as that employee actually works or is

otherwise paid for at least forty (40) hours in all weeks in question.

4. Liquidated Damages. Each Large Employer agrees that, if during a

particular year it has not either complied with the hiring process requirements of Sections III.A.2

and III.A.3 above or satisfied the safe harbor percentage set forth in Section III.B.1 above, then

as the sole and exclusive remedy therefor, it shall pay to the City liquidated damages in the

amount of five thousand dollars ($5,000.00) per job short of the Safe Harbor threshold set forth

MDS 10.11.12


in Section III.B.1, above. For example, if a Large Employer hires ten workers for On-Site Jobs

in a year, and four are Residents and two are Disadvantaged Workers, then the liquidated

damages shall total seven thousand five hundred dollars ($7,500). Of this amount, five thousand

dollars ($5,000) is based on failure to meet the fifty percent (50%) safe harbor percentage for

hiring of Residents, with safe harbor in this case requiring five Residents to be hired, and actual

performance having been four hires. The remaining two thousand five hundred dollars ($2,500)

is based on failure to meet the twenty-five percent (25%) safe harbor percentage for

Disadvantaged Workers, with safe harbor amount in this case requiring at least two and one half

(2.5) Disadvantaged Workers to be hired, and actual performance having been two hires; as

shortfall in this case would be one-half of a single hire, liquidated damages would be half of one

On-Site Job, or two thousand five hundred dollars ($2,500). Any liquidated damages collected

by the City shall be used solely to support training, referral, monitoring, or technical assistance to


5. Compliance Records. Each Employer shall make available to the City on an

annual basis (as of January 1 of each calendar year), or upon request, records sufficient to

determine compliance with this Policy. The City shall keep all documentation provided

pursuant to this Section III.B.5 confidential, subject to applicable law.

6. Additional Enforcement Mechanisms. Except as set forth in Section III.B.4

above, the City shall be entitled to all remedies at law or in equity for any failure to comply with

this Policy. Further, Employers who repeatedly violate this Policy may be debarred from future

City contracts.

IV. Temporary Employment Agencies.

A. Temporary Employment Agencies. Large Employers may enter into a contract

or other arrangement to supply workers for temporary employment in On-Site Jobs, provided

that without the approval of the City Administrator in his or her reasonable discretion (i)

temporary employment of any individual worker will last one hundred twenty (120) days or less

per calendar year and (ii) no more than forty percent (40%) of the total number of days worked

by all individuals performing On-Site Jobs on behalf of such Large Employer shall be performed

by temporary workers. The City Administrator shall reasonably consider any request for such

approval by the applicable Large Employer if such Large Employer reasonably demonstrates that

compliance with this Section IV.A could create significant economic or operational hardship for

the Large Employer.

V. Living Wages.

A. Compliance with Ordinance. Each Employer shall provide compensation

required of covered employers under, and shall otherwise comply with, the Oakland Living

Wage Ordinance. (Oakland Municipal Code Section 2.28.010 et seq.)

VI. Miscellaneous.

MDS 10.11.12


A. Contact Person. Within thirty (30) days after having entered into any contract

(including any assignment of all or any portion of any lease) related to operation on the Project

Site, each Employer will designate a contact person for all matters related to implementation of

this Policy. The Employer shall forward the name, address and phone number of the designated

individual to the City.

B. Determination of Status. A Large Employer’s determination of (i) whether any

individual is a Resident or (ii) any individual's status within the priorities set forth in Section

III.A.4 shall be binding in determining whether the requirements of this Policy have been

satisfied, including the requirements of Section III.A and III.B, provided that such Large

Employer obtains reasonable documentation demonstrating that such individual is a Resident at

the time that such individual is assigned or hired, and such Large Employer retains such

documentation and makes it available to City for inspection at reasonable times. The City shall

keep all documentation provided pursuant to this Section IV.B confidential, subject to applicable

law. The Jobs Center shall make determinations of Disadvantaged Worker status. The Jobs

Center shall make such determinations promptly upon request from an Employer, a worker, or

the City.

C. Assignments, Subleases and Contracts. Developer and each Tenant shall

include compliance with this Policy as a material term of any assignment or sublease of all or a

portion of its interest in the Project Site. If a Developer or Tenant complies with this Section

VI.C, such Developer or Tenant shall not be liable for any breach of this Policy that is (i) related

to the interest so assigned or subleased and (ii) first arises after the date of such assignment or

sublease. Each Employer shall include compliance with this Policy as a material term of any

subcontract or other agreement under which any On-Site Jobs may be performed. If a

Developer, Employer, or Tenant enters into a contract in violation of this Section VI.C, then

upon request from the City it shall either amend that contract to include all requirements of this

Policy, or terminate that contract.

D. Assurance Regarding Preexisting Contracts. Each entity that agrees to comply

with this Policy warrants and represents that as of the date that a contract incorporating this

Policy became effective, it has executed no contract pertaining to the Project or the Project Site

that would have violated this Policy had it been executed after that date, or would interfere with

fulfillment of or conflict with terms of this Policy. If, despite this assurance, an entity that has

agreed to comply with this Policy has entered into a contract in violation of this Section VI.D,

then upon request from the City it shall either amend that contract to include the provisions

required by this Policy, or terminate that contract.

E. Funding Restrictions. For any portion of operations on the Project Site for


the requirements of this Policy, the City will, after consultation with Developer, work





such requirements shall be applied to such portions of operations on the Project Site for the

MDS 10.11.12



to such operations.

F. Third Party Beneficiaries. The City is an intended third-party beneficiary of

any contract that incorporates this Policy, but only for the purposes of enforcing the terms of this

Policy. There shall be no other third party beneficiaries of this Policy. The City shall not




G. Retaliation Prohibited. An Employer shall not discharge, reduce the

compensation of, or otherwise discriminate against any person for making a complaint,

participating in any proceedings, using any civil remedies to enforce his or her rights, or

otherwise asserting his or her rights under this Policy.

H. Material Term. This Policy is a material term of any contract into which it is

incorporated.

I. Severability. If any of the provisions of this Policy are held by a court of







LDDA Execution Date, attached hereto as Schedule 2.

J. Applicable Law and Compliance with Law. This Policy shall be governed by

and construed in accordance with the laws of the State of California and the United States and





K. Successors and Assigns. This Policy shall be binding upon and inure to the



L. Warranties and Representation. Each party to a contract incorporating this



had the opportunity to consult counsel regarding terms of this Policy, and has agreed to such




MDS 10.11.12


M. Collective Bargaining Agreement(s). To the extent that this Policy conflicts

with any collective bargaining agreement(s) to which an Employer is party, and such agreement

is applicable to Employer’s operations on the Project Site and is in effect as of the date that the

Employer executes a lease or contract under which it will operate at the Project Site, the terms of

such collective bargaining agreement(s) shall take precedence, and this Policy shall not apply to

the extent of any such conflict. Where a collective bargaining agreement takes precedence over

this Policy as described above, Developer and the City shall make a good faith effort to

encourage a meeting to occur promptly following such lease or contract execution date among

the Employer, the applicable union(s) and the City to discuss whether and how to reduce or

eliminate conflict between this Policy and future collective bargaining agreements.

N. Hiring Discretion. Nothing in this Policy shall require that any Employer hire

any particular individual; each Employer shall have the sole discretion to hire any individual

referred by the Jobs Center or any other person or entity.

MDS 10.11.12


Schedule 1

Cal. Rev. & Tax Code Sec. 23622.7(b)(4)(A)

MDS 10.11.12


Schedule 2


MDS 10.11.12


Schedule 3

Oakland Enterprise Zone Targeted Employment Area

MDS 10.11.12


MDS 10.11.12

Operations Jobs Policy for East and Central Gateway Page 1

Operations Jobs Policy


East and Central Gateway

I. Purpose. This Operations Jobs Policy sets forth certain requirements regarding hiring

and employment for jobs related to operation of the development on the Project Site associated

with the East Gateway and Central Gateway Ground Leases, as described in that certain Lease

Disposition and Development Agreement between the City of Oakland and Prologis CCIG

Oakland Global, LLC dated __________________. Employers in the Project Site agree to

comply with terms of this Operations Jobs Policy as a condition of entry into any agreement to

which this Operations Jobs Policy is attached, as more particularly set forth herein. This

Operations Jobs Policy does not cover construction hiring or construction employment.






Against Terrorism); (ii) the Employer’s good faith determination that the position is of such


ineligible; and (iii) the Employer’s hiring policies that are uniformly applied on a national basis

with respect to prospective workers’ history of involvement with the criminal justice system. An

Employer’s hiring policies with respect to prospective workers’ history of involvement with the

criminal justice system that are uniformly applied in the State of California, rather than on a

national basis, may be considered a Background Exception pursuant to written approval of the

City Administrator. The City Administrator shall reasonably consider any request for such

approval by Developer or the applicable Employer if Developer or the applicable Employer

reasonably demonstrates that a Background Exception is reasonably necessary in order to avoid

significant economic or operational hardship for Developer or applicable Employer.





Enterprise Zone Hiring Credits, as set forth in Cal. Rev. & Tax Code Sec. 23622.7 (b)(4)(A), as

in effect on the LDDA Execution Date, a copy of which is attached hereto as Schedule 1.

MDS 10.11.12


“East Gateway and Central Gateway Ground Leases” shall mean those certain ground leases,

the form of which is Attachment 3 to the LDDA, that the City intends to lease to a Prologis

controlled entity or its affiliate pursuant to the terms of the LDDA.

“Employer” shall mean any entity employing at least two full time equivalent individuals to

perform On-Site Jobs. For example, this threshold would be satisfied by employment of either

two full-time workers or four half-time workers to perform On-Site Jobs.



“Large Employer” shall mean any entity having a total job count of 40 or greater, and either

leasing space within the Project Site or performing services within the Project Site pursuant to

one or more service or labor supply contracts. For purposes of this definition, “total job count”

shall mean the number of individuals working in On-Site Jobs and employed directly by the

entity in question, working under a service contract or labor supply contract with the entity in

question, or working under any related subcontract or agreement with the entity in question.

“LDDA” shall mean the Lease Disposition and Development Agreement described in Section I,

above, and entered into by City and Developer respecting the development of the Oakland Army

Base, as may be amended from time to time.


Section I, above.

“On-Site Job” shall mean any job for which at least fifty percent (50%) of the work hours

during any calendar year are performed on the Project Site.

“Policy” shall mean this Operations Jobs Policy for the East and Central Gateway.


“Project Site” shall mean the parcels of land to be leased pursuant to the East and Central

Gateway Ground Leases, as those leases may be amended (or as those parcels may be otherwise

leased or conveyed in the future).



defined by Section 349(b) of the California Election Code, as in effect on the LLDA Execution

Date, attached hereto as Schedule 2.


III. Local Hiring.

A. Hiring Process.

1. Long-Range Planning. As soon as the information is available

following a Large Employer’s execution of a contract under which it will operate at the Project

Site and within thirty (30) days of each January 1 thereafter, the Large Employer shall provide to

the City and the Jobs Center information regarding such Large Employer’s good faith projection

MDS 10.11.12


of the number and type of On-Site Jobs that such Large Employer reasonably believes it will

need to fill during the applicable calendar year and the basic qualifications anticipated to be

necessary for such On-Site Jobs.

2. Initial Hiring Process.

a. Notification of Job Opportunities. At least four (4) weeks prior

to the date that a Large Employer is anticipated to commence operations in the Project Site, or, if

such Large Employer executes a contract under which it will operate at the Project Site less than

four (4) weeks prior to such anticipated date, within two (2) business days following execution of

such contract and prior to commencing operations, (any such period, the “Initial Notice Period”),

such Large Employer shall notify the Jobs Center of openings for non-management On-Site Jobs

and provide a clear and complete description of job responsibilities and qualifications therefor,

including expectations, salary, minimum qualifications, work schedule, duration of employment,

required standard of appearance, and any special requirements (e.g., language skills, drivers’

license, required background check, etc.). Job qualifications shall be limited to qualifications

directly related to performance of job duties.

b. Hiring. The Large Employer shall use normal hiring practices,

including interviews, to consider all Residents and Disadvantaged Workers referred by the Jobs

Center and meeting the qualifications described in the referral request during the Initial Notice

Period, or until all open positions for non-management On-Site Jobs are filled, whichever is

sooner. The Large Employer shall make best efforts to fill all openings for non-management On-

Site Jobs with Residents and Disadvantaged Workers referred by the Jobs Center. If at the

conclusion of the Initial Notice Period the Large Employer has been unable to fill all available

non-management On-Site Jobs with Residents and Disadvantaged Workers referred by the Jobs

Center, the Large Employer may use other recruitment methods to fill the position(s), although

the Large Employer shall continue to make best efforts to hire Residents and Disadvantaged

Workers later referred by the Jobs Center for non-management On-Site Jobs.

c. Pre-opening Transfer. Provisions of Section III.A.2 are not

applicable to a Large Employer that is closing a facility located outside Oakland and is

transferring the majority of its staff from the previous facility to a new facility within Oakland.

Upon commencing operation in the new facility, such a Large Employer is covered by Section

III.A.3, below. Provisions of this Section III.A.2 are applicable to Large Employers who hire for

positions in facilities located outside Oakland with the intention of transferring such hires to a

new facility at the Project Site upon commencement of operations for the new facility. All such

hires shall be made consistent with the provisions of this Section III.A.2.

d. Jobs Center Feedback. Following the completion of the initial

hiring process set forth in this Section III.A.2, at the request of the City a Large Employer shall

meet and confer with the City Administrator and the Jobs Center to provide feedback on the

initial hiring process so as to ensure that the Jobs Center may meet the future employment needs

of the Large Employer and any future Employer, as relevant, and ensure the maximum hiring of

Residents and Disadvantaged Workers feasible given the opportunities to be created by the

Project.

MDS 10.11.12


3. Ongoing Hiring Process.

a. Notification of Job Opportunities. After a Large Employer has

commenced operations at the Project Site, it shall continue to use the Jobs Center in accordance

with this Section III.A.3 as a resource to fill openings for On-Site Jobs. When a Large Employer

has an opening for an On-Site Job available, the Large Employer shall notify the Jobs Center of

such job openings and provide a clear and complete description of job responsibilities and

qualifications, including expectations, salary, minimum qualifications, work schedule, duration

of employment, required standard of appearance, and any special requirements (e.g. language

skills, drivers’ license, required background check, etc.). Job qualifications shall be limited to

qualifications directly related to performance of job duties.

b. Hiring. The Large Employer shall then use normal hiring

practices, including interviews, to consider all Residents and Disadvantaged Workers referred by

the Jobs Center and meeting the qualifications described in the referral request during a five (5)-

day period after initial notification to the Jobs Center, or until all open On-Site Jobs are filled,

whichever is sooner. The Large Employer shall make good faith efforts to fill all available On-

Site Jobs with Residents and Disadvantaged Workers referred through the Jobs Center. If at the

conclusion of the five (5)-day period the Large Employer has been unable to fill all openings for

On-Site Jobs with Residents and Disadvantaged Workers referred by the Jobs Center, the Large

Employer may use other recruitment methods, although the Large Employer shall continue to

make good faith efforts to hire Residents and Disadvantaged Workers later referred by the Jobs

Center for non-management On-Site Jobs.

4. Priorities for Initial and Ongoing Hiring. In exercising its efforts

required by this Policy to fill all available On-Site Jobs with Residents and Disadvantaged

Workers referred by the Jobs Center, each Large Employer shall apply the following priorities in

hiring Residents:

i. First Priority: Residents of zip codes 94607, 94612, 94608,

and 94609;

ii. Second Priority: Residents of the Oakland Enterprise Zone

Targeted Employment Area as designated on the LDDA Execution

Date, attached hereto as Schedule 3; and

iii. Third Priority: other Residents of the City of Oakland.

5. Nondiscrimination. Employers shall not discriminate against

Residents or Disadvantaged Workers on the basis of their status as a Resident, status as a

Disadvantaged Worker, or on any prohibited basis in any terms and conditions of employment,

including retention, promotions, job duties, shift assignments, and training opportunities.

6. Worker Qualifications. Unless a criminal background check is

required by any of the Background Exceptions, an Employer shall neither request from

prospective workers, nor independently research prospective workers’ history of involvement

with the criminal justice system. Where a criminal background check is required by any

MDS 10.11.12


Background Exception, subject to the requirements of such Background Exception the Employer

shall: (a) include the following statement in the position description: “This position is subject to

a background check for any convictions related to its responsibilities and requirements. Only

criminal histories (i) related to job requirements and responsibilities or (ii) related to violent acts

will be considered and will not automatically disqualify a finalist candidate.”; (b) undertake the

background check only after the initial interview (or, if no interview is undertaken, after a

candidate has received a conditional offer of employment for the position in question);

(c) consider only criminal histories (i) related to job requirements and responsibilities or

(ii) related to violent acts; and (d) take into account the age of the individual at the time of the

offense, the time that has passed since the offense, the nature and seriousness of the offense, and

any evidence of the individual’s rehabilitation. Unless a credit history is required by any of the

Background Exceptions or Employers’ good faith determination that the position is of such

sensitivity that individuals with particular types of credit histories are ineligible, an Employer

shall neither request, nor independently research, prospective workers’ credit histories. To the

extent that this Section III.A.6 conflicts with any requirements of this Policy related to

Disadvantaged Workers, this Section III.A.6 shall control.

B. Monitoring and Enforcement.

1. Safe Harbor Provision. Any Large Employer for whom at least fifty

percent (50%) of workers hired for On-Site Jobs during a particular year were Residents, and for

whom at least twenty-five percent (25%) of workers hired for On-Site Jobs during a particular

year were Disadvantaged Workers, shall be deemed to be in compliance with Sections III.A.2,

and III.A.3 of this Policy, for all hiring during that year. For the avoidance of doubt, for

purposes of determining the percentages of workers hired for On-Site Jobs during a particular

year that were Residents and Disadvantaged Workers, a Disadvantaged Worker shall be counted

as both a Resident and a Disadvantaged Worker.

2. Credit for Hiring at Other Locations. Large Employers shall

receive credit toward achievement of the safe harbor percentages set forth in Section III.B.1 for

any hires of Residents and/or Disadvantaged Workers to perform jobs at other locations, so long

as such Residents and/or Disadvantaged Workers are compensated in an amount equal to or in

excess of that set forth in the Oakland Living Wage Ordinance (Oakland Municipal Code

Section 2.28.010 et seq.) (e.g., if a Large Employer hires ten (10) workers for On-Site Jobs in a

year, and six (6) are Residents, and such Large Employer also hires one Resident to perform a

job at another location with such compensation, then, for purposes of Section III.B.1, seven (7)

of such ten (10) workers will be deemed to be Residents).

3. Retention Incentive. For every two thousand (2,000) hours that any

one Resident and/or Disadvantaged Worker who performs an On-Site Job works for a Large

Employer, that Large Employer shall be entitled to a “bonus” hiring credit of one

individual/position for the applicable category towards achievement of the safe harbor

percentages set forth in Section III.B.1. For example, if a Large Employer hires ten (10) workers

for On-Site Jobs in a year, and six (6) are Residents, and a Resident works his or her two

thousandth (2,000th

) hour for such Large Employer, then, for purposes of Section III.B.1, seven

(7) of such ten (10) workers will be deemed to be Residents. For any employee that does not

MDS 10.11.12


work on an hourly basis, hours shall be counted towards this threshold on the basis of forty (40)

hours per week of full time employment, so long as that employee actually works or is otherwise

paid for at least forty (40) hours in all weeks in question.

4. Liquidated Damages. Each Large Employer agrees that, if during a

particular year it has not either complied with the hiring process requirements of Sections III.A.2

and III.A.3, above or satisfied the safe harbor percentage set forth in Section III.B.1, above, then

as the sole and exclusive remedy therefor, it shall pay to the City liquidated damages in the

amount of five thousand dollars ($5,000) per On-Site Job short of the safe harbor percentage set

forth in Section III.B.1. For example, if a Large Employer hires ten workers for On-Site Jobs in a

year, and four are Residents and two are Disadvantaged Workers, then the liquidated damages

shall total seven thousand five hundred dollars ($7,500). Of this amount, five thousand dollars

($5,000) is based on failure to meet the fifty percent (50%) safe harbor percentage for hiring of

Residents, with safe harbor in this case requiring five Residents to be hired, and actual

performance having been four hires. The remaining two thousand five hundred dollars ($2,500)

is based on failure to meet the twenty-five percent (25%) safe harbor percentage for

Disadvantaged Workers, with safe harbor amount in this case requiring at least two and one half

(2.5) Disadvantaged Workers to be hired, and actual performance having been two hires; as

shortfall in this case would be one-half of a single hire, liquidated damages would be half of one

On-Site Job, or two thousand five hundred dollars ($2,500). Any liquidated damages collected by

the City shall be used solely to support training, referral, monitoring, or technical assistance to


5. Compliance Records. Each Employer shall make available to the

City on an annual basis (as of January 1 each year), or upon request, records sufficient to

determine compliance with this Policy. An Employer may redact names and social security

numbers from requested records in order to protect the privacy of individual employees.

6. Additional Enforcement Mechanisms. Except as set forth in Section

III.B.4 above, the City shall be entitled to all remedies at law or in equity for any failure to

comply with this Policy. Further, Employers who repeatedly violate this Policy may be debarred

from future City contracts.

IV. Temporary Employment Agencies.

A. Large Employers may enter into a contract or other arrangement to supply

workers for temporary employment in On-Site Jobs, provided that without the approval of the

City Administrator in his or her reasonable discretion (i) temporary employment of any

individual worker will last one hundred twenty (120) days or less per calendar year and (ii) no

more than forty percent (40%) of the total number of days worked by all individuals performing

On-Site Jobs on behalf of such Large Employer shall be performed by temporary workers. The

City Administrator shall reasonably consider any request for such approval by the applicable

Large Employer if such Large Employer reasonably demonstrates that compliance with this

Section IV.A may reasonably be expected to create significant economic or operational hardship

for the Large Employer.

MDS 10.11.12


V. Living Wages

A. Compliance with Ordinance. Each Employer shall provide compensation

required of covered employers under, and shall otherwise comply with, the Oakland Living

Wage Ordinance (Oakland Municipal Code Section 2.28.010 et seq.).

VI. Miscellaneous.

A. Contact Person. Within thirty (30) days of having entered into any contract

(including any assignment of all or any portion of a lease) related to operation on the Project

Site, each Employer will designate a contact person for all matters related to implementation of

this Policy. The Employer shall forward the name, address and phone number of the designated

individual to the City.

B. Determination of Residency or Priority Status. A Large Employer’s

determination of (i) whether any individual is a Resident or (ii) any individual’s status within the

priorities set forth in Section III.A.4 shall be binding in determining whether the requirements of

this Policy have been satisfied, including the requirements of Sections III.A and III.B, provided

that such Large Employer obtains reasonable written documentation demonstrating such

individual’s status at the time that such individual is assigned or hired and such Large Employer

retains such documentation and makes it available to City for inspection at reasonable times.

C. Determination of Disadvantaged Status. The Jobs Center shall make

determinations of Disadvantaged Worker status. The Jobs Center shall make such

determinations promptly upon request from an Employer, a worker, or the City.

D. Assignments, Subleases and Contracts. Each Developer or Tenant shall

include compliance with this Policy as a material term of any assignment or sublease of all or a

portion of its interest in a lease of any portion of the Project Site. If a Developer or Tenant

complies with this Section IV.D, such Developer or Tenant shall not be liable for any breach of

this Policy by a party receiving such assignment or entering into such sublease where that breach

is (i) related to the interest so assigned or subleased and (ii) first arises after the date of such

assignment or sublease. Each Employer shall include compliance with this Policy as a material

term of any contract or other agreement under which any On-Site Jobs may be performed. If an

Employer complies with this Section VI.D, such Employer shall not be liable for any breach of

this Policy by another entity acting pursuant to such contract or other agreement. If a Developer,

Employer or Tenant enters into a contract in violation of this Section VI.D, then upon request

from the City it shall either amend that contract to include all requirements of this Policy, or

terminate that contract.

E. Assurance Regarding Preexisting Contracts. Each entity that agrees to

comply with this Policy warrants and represents that as of the date that a contract incorporating

this Policy became effective, it has executed no contract pertaining to the Project or the Project

Site that would have violated this Policy had it been executed after that date, or would interfere

with fulfillment of or conflict with terms of this Policy. If, despite this assurance, an entity that

has agreed to comply with this Policy has entered into such a contract, then upon request from

MDS 10.11.12


the City it shall either amend that contract to include the provisions required by this Policy, or

terminate that contract.

F. Funding Restrictions. For any portion of operations on the Project Site for


the requirements of this Policy, the City will, after consultation with Developer, work





such requirements shall be applied to such portions of operations on the Project Site for the


to such operations.

G. Third Party Beneficiaries. The City is an intended third-party beneficiary

of any contract that incorporates this Policy, but only for the purposes of enforcing the terms of

this Policy. There shall be no other third party beneficiaries of this Policy. The City shall not




H. Retaliation Prohibited. An Employer shall not discharge, reduce the

compensation of, or otherwise discriminate against any person for making a complaint to the

City or participating in any proceedings related to enforcement of this Policy against the

Employer.

I. Material Term. This Policy is a material term of any contract into which it

is incorporated.

J. Severability. If any of the provisions of this Policy are held by a court of







LDDA Execution Date, attached hereto as Schedule 2.

K. Applicable Law and Compliance with Law. This Policy shall be governed

by and construed in accordance with the laws of the State of California and the United States and





MDS 10.11.12


L. Successors and Assigns. This Policy shall be binding upon and inure to the



M. Collective Bargaining Agreements. To the extent that this Policy conflicts

with any collective bargaining agreement(s) to which an Employer is party, and such agreement

is applicable to Employer’s operations on the Project Site and is in effect as of the date that the

Employer executes a lease or contract under which it will operate at the Project Site, the terms of

such collective bargaining agreement(s) shall take precedence, and this Policy shall not apply to

the extent of any such conflict. Where a collective bargaining agreement takes precedence over

this Policy as described above, Developer and City shall make a good faith effort to encourage a

meeting to occur promptly following such lease or contract execution date among the Employer,

the applicable union(s) and the City to discuss whether and how to reduce or eliminate conflict

between this Policy and future collective bargaining agreements.

N. Warranties and Representation. Each party to a contract incorporating this



had the opportunity to consult counsel regarding terms of this Policy, and has agreed to such




O. Emergency. Developer or Large Employers may apply to the City

Administrator for a waiver of Section III.A.2 or III.A.3 of this Policy on a temporary basis with

regard to a particular portion of the requesting party’s work on grounds of a major emergency or

risk of serious damage to property, such as natural disaster or fire. The City Administrator may

grant such wavier only for a period of time necessary to respond to the emergency or serious

property damage and only where the requesting party demonstrates (i) specific evidence of a

major emergency or risk of serious property damage, the response to which requires rapid hiring

of a significant number of temporary workers, (ii) that application of Section III.A.2 or III.A.3 of

this Policy would necessarily lead to an inability to address the emergency within the necessary

timeframe or without substantial risk to safety of workers or serious damage to property, and (iii)

that such inability or such risk cannot be avoided through changes to staffing, supervision, or

operations in conjunction with application of Section III.A.2 or III.A.3 of this Policy. If the

requesting party reasonably and in good faith believes that such a major emergency or risk of

serious damage to property requires, and Developer or Large Employer undertakes, immediate

action prior to obtaining any such waiver, then the City shall reasonably consider granting any

requested waiver on a retroactive basis with respect to such actions.

P. Hiring Discretion. Nothing in this Policy shall require that any Employer

hire any particular individual; each Employer shall have the sole discretion to hire any individual

referred by the Jobs Center or any other person or entity.

MDS 10.11.12


Schedule 1

Cal. Rev. & Tax Code Sec. 23622.7 (b)(4)(A)

MDS 10.11.12


Schedule 2


MDS 10.11.12


Schedule 3

Oakland Enterprise Zone Targeted Employment Area


_____________________________________________________________

Appendix 3: Budget Template ( 1 page)

Email Address:

City Funded

Share of Cost

Leveraged

Resources

Share of Cost

Total Program

CostPersonnelFringe BenefitOperatingOther (Please Specify)

Position/Title Employee Name Annual Salary

City Funded

Share of Cost

Leveraged

Resources

Share of Cost

Total Program

Cost

City Funded

Share of Cost

Leveraged

Resources

Share of Cost

Total Program

Cost

Professional Services

Library Maintenance/SecurityGeneral Office SuppliesPostageProgram Materials and SuppliesTelephone/Internet/Comm

EIN Federal Tax#

PERSONNEL COSTS

OPERATING EXPENSES

Duplicating/CopyingEquipment

TOTAL PERSONNEL COSTS

Organization Name:

APPENDIX 3: PROGRAM BUDGET TEMPLATE

TOTAL REQUEST

Address:

Date Submitted:APPLICANT INFORMATION

Contact Name:Telephone Number:

Travel/TransportationStaff TrainingIndirect Costs

Other (Please specify)

TOTAL OPERATING EXPENSES

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