workforce investment and opportunity act (wioa) on … · 2016-02-26 · 1 office of economic and...

1

OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT

WORKFORCE INVESTMENT BOARD

250 Frank Ogawa Plaza, Suite 3315

Oakland, CA 94612

REQUEST FOR PROPOSAL

(RFP)

For

WORKFORCE INVESTMENT AND OPPORTUNITY ACT (WIOA)

ON-CALL EMPLOYER SERVICES

(BUSINESS ENGAGEMENT and SERVICES)

FISCAL YEARS 2016-2018

Due Date: Tuesday, March 8, 2016, 2:00 PM Pacific

JANUARY 27, 2016

Oakland Rising Together!

REQUEST FOR PROPOSALS – WIOA Business Engagement and Services

TABLE OF CONTENTS

I. INTRODUCTION ............................................................................................... 1

A. Overview of Application Requirements ...................................................... 1

B. Goals of the RFP ........................................................................................... 2

C. Eligible Bidders ............................................................................................. 2

D. Funding Availability and Duration of Contracts .......................................... 2

E. Background Information .............................................................................. 3

F. OWIB RFP Goals ........................................................................................... 5

G. Priority Industry Sectors and Career Pathways .......................................... 5

H. Stakeholder Engagement Informing the RFP ............................................. 6

II. SCOPE OF SERVICES ......................................................................................... 8

A. Overview of Solicited Services ..................................................................... 8

B. Eligibility and Desired Qualifications of Bidders ......................................... 9

C. Collaboration ................................................................................................ 9

D. Contract Period .......................................................................................... 10

E. Funding Availability and Budget ................................................................ 10

F. Required Match and Leveraging of Resources ......................................... 10

G. Scope of Services ....................................................................................... 11

H. Businesses to Be Served ............................................................................ 15

I. Required and Recommended Partnerships .............................................. 15

J. Staffing Structure ....................................................................................... 17

K. Performance Measurement and Accountability ...................................... 17

III. PROPOSAL REQUIREMENTS ........................................................................... 19

A. General Information .................................................................................. 19

B. Proposal Review Process ........................................................................... 27

C. Submittal Requirements ........................................................................... 27

D. Required Proposal Elements and Format ................................................. 28

E. Rejection of Proposal Elements ................................................................ 30

F. Evaluation of Proposals ............................................................................. 31

G. Interviews of Short-listed Firms ................................................................ 33

H. RFP Timeline ............................................................................................... 34

I. Contract Negotiations and Award............................................................. 34

J. Appeals Process ......................................................................................... 35

IV. APPENDICES .................................................................................................. 36

A. Required Proposal Checklist ...................................................................... 37

B. Required Proposal Forms .......................................................................... 38

C. Summary of WIOA Employer Services Requirements

and Definitions ........................................................................................... 48

D. OWIB Training Services – Policies and Procedures .................................. 49


E. Sample City of Oakland Grant Agreement ................................................ 57

F. Sample Quarterly Program Report............................................................ 84

G. Stand-Alone Schedules Required Before Full Contract ........................... 85

H. City Schedules and Policies ........................................................................ 90

The Combined Contract Schedules will be collected from the successful proposer before a

final decision is made and up to full contract execution. It may be viewed at:

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

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

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


1

I. Introduction

A. Overview of Application Requirements

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

Workforce Development/Workforce Investment Board (OWIB).

Pre-proposal Meeting Date and Time (Highly-Recommended):

Wednesday, February 10, 2016 at 2:00 PM at Hearing Room 2, City Hall, 1 Frank H. Ogawa Plaza, 1st Fl.,

Oakland, CA 94612.

Deadline for Questions:

Thursday, February 18, 2016 at 2:00 PM by email to [email protected]. No questions will be

answered by phone or in person, except at the highly-recommended Bidder’s Conference. Answers to

questions regarding the RFP will be posted by Monday, February 29, 2016 on the OWIB website at

www.oaklandwib.com and on iSupplier as an addendum.

Proposal Due Date and Time:

Tuesday, March 8, 2016 at 2:00 PM

Email submissions should be sent to [email protected] and hard copies should be delivered

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 PM on March 8, 2016.

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. Discussions

will include, but may not be limited to: ♦Equal Benefits for Registered Domestic Partners ♦Campaign

Contribution ♦Post-project Contractor Evaluation ♦Prompt Payment ♦Arizona Boycott ♦ 50% L/SLBE

(not applicable but 50% L/SLBE participation is strongly encouraged)♦ Dispute Disclosure and ♦Living

Wage ♦Minimum Wage

Registration in iSupplier:

Contractors who wish to participate in the RFP process are required to register in iSupplier in order to

receive addenda, updates, announcements and notifications of contracting opportunities. We

recommend updating your firm’s primary email address regularly and periodically confirming that the

“Products and Services” section fully represents the scope of products and services provided. If you

have any questions, please email [email protected].

For further information and detailed iSupplier registration instructions, please visit the following link

http://www2.oaklandnet.com/oakca1/groups/contracting/documents/webcontent/dowd021

639.pdf

Free copies of the RFP documents and Addenda are available in iSupplier. Hard copies will NOT be

available for purchase from the City. Please consult the City website for the Plan Holder list.

iSupplier Registration/Login:

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

VendororContractor/index.htm.


2

New registrants can email [email protected] for registration instructions. Allow 3 working

days for approval to access bid documents through iSupplier.

iSupplier Plan Holders List:

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

Login for Organizations Previously Registered in iSupplier:

https://eoakland.oaklandnet.com/OA_HTML/AppsLocalLogin.jsp

Contact Information: The following City staffs are available to answer questions regarding this RFP.

1. Project Manager: John Bailey at [email protected] or (510) 238-6440

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

3. Contract Compliance Officer: Vivian Inman at [email protected] or 510- 238-6261

B. Goals of the RFP

The City of Oakland, Office of Economic and Workforce Development / Oakland Workforce Investment

Board (OWIB) seeks experienced organizations to provide business engagement and other services to

businesses under the Workforce Innovation and Opportunity Act (WIOA), with the ultimate goals of:

• Helping adults and dislocated workers develop the skills, attain the knowledge, and access the

resources needed to thrive in their careers; and

• Providing employers with the skilled workers needed to sustain and competitively grow their

businesses.

OWIB will evaluate all timely submissions in response to this Request for Proposals (RFP) and

competitively award contracts to bidders whose submissions are most responsive to the need for

services described herein.

C. Eligible Bidders

All 501(c)3 non-profit organizations, public or private educational institutions, government units,

public agencies, or private for-profit organizations properly organized in accordance with Federal,

State, and local law and in business for at least one year are eligible for funding.

This RFP is one of three being issued simultaneously by the Oakland Workforce Investment Board.

Bidders to provide Business Engagement

and Services may not bid to provide Youth Services or Adult and Dislocated Worker Services.

D. Funding Availability and Duration of Contracts

OWIB anticipates funding contracts for the one-year period from July 1, 2016 through June 30, 2017.

Pending performance, compliance, and available funding, each contract will be renewable on an

annual basis until June 30, 2019. Bidders are asked to submit budgets for a one-year period.

At the time of the issuance of this RFP, OWIB has not been informed of the local WIOA allocation for

the 2016-2017 year. The WIB anticipates awarding one contract of up to $275,000 to provide Business

Engagement and Services for the 2016-2017 contract year. This amount is subject to change based

upon the actual allocation and/or changes approved by the OWIB.


3

E. Background Information

1. OWIB Overview and Vision

The Oakland Workforce Investment Board (OWIB) was established in 1998 as the fiscal agent

responsible for the administration of federally-funded employment and training funds for the City of

Oakland. WIB membership is appointed by and works in partnership with the Mayor to set policy and

oversee the integration of programs and services to meet the needs of employers and job-seekers.

OWIB is currently comprised of business leaders and representatives of labor, education, economic

development, social services, rehabilitation agencies, and other community entities.

The OWIB’s mission is to establish and direct a results-oriented workforce development and business

services system that:

• Assists individuals in developing the skills, attaining the knowledge and accessing the

resources needed to thrive in their careers;

• Provides employers with skilled workers needed to sustain and competitively grow businesses.

2. Workforce Innovation and Opportunity Act (WIOA) Overview

On July 22, 2014, President Barack Obama signed the Workforce Innovation and Opportunity Act

(WIOA) into law. WIOA is designed to help job seekers access employment, education, training, and

support services to succeed in the labor market and to match employers with the skilled workers they

need to compete in the global economy. WIOA provides new authorizing legislation for programs

previously authorized under the Workforce Investment Act (WIA). The Act began implementation on

July 1, 2015.

WIOA provides a catalyst for an important transition for federally-funded workforce development

programs and services in the United States. OWIB and its contracted service providers will play critical

roles in realizing the vision of WIOA for Oakland businesses and job-seekers.

Documents issued by DOL in relation to WIOA identify seven important features of high-quality, job-

driven training and employment services. WIOA partners are required to “integrate these elements

into their strategic planning and program operations.” These elements include:

• Employer Engagement: Work up-front with employers, industry associations, and unions to

determine local hiring needs and design responsive training and services, and seek employer

commitments to provide work-based learning opportunities and to hire program graduates.

• Earn-and-Learn: Offer work-based learning opportunities like on-the-job training (OJT),

internships, and apprenticeships as training paths to employment.

• Use of Data: Gather, analyze, and make use of labor market data to inform program offerings,

guide job seekers, and improve provider accountability.

• Outcome Measurement: Measure and evaluate employment and earnings outcomes to

inform job-seekers and to help programs continuously improve.

• Career Pathway “Stepping Stones”: Support job-seekers’ progression from one step to another

toward education, credentials, and employment goals.

• Opening Doors: Provide supportive services such as transportation, child care, financial and

benefits counseling, and career guidance, as well as accommodations for persons with

disabilities, to allow all individuals to benefit from workforce opportunities.

• Regional Partnerships: Coordinate among One Stop Career Centers, employers, education and

training providers, economic development agencies, labor, philanthropy, community-based


4

organizations, and other private and public entities in order to leverage resources, design and

implement sector strategies, and provide a network of employment, training, and related

services.

WIOA maintains many of the service provisions included in WIA, with several important changes that

will impact the Business Engagement and Services provider contracted under this RFP. Bidders are

encouraged to review Appendix C, Summary of WIOA Employer Services Requirements and

Definitions. WIOA legislation includes heightened emphasis on addressing the needs of local and

regional businesses and aligning service strategies with regional labor markets and economic

development activities. Business Services under WIOA may include:

• Marketing of business services to area employers;

• Coordinating to improve linkages among the local workforce investment system, other

resources not traditionally offered through the system, and employers;

• Informing the use of WIOA training funds to connect employers with skilled job-seekers;

• Developing and implementing industry sector strategies (including strategies involving

industry partnerships, regional skills alliances, industry skill panels, and sectoral skills

partnerships);

• Developing and delivering innovative workforce investment strategies for employers, such as

career pathways, skills upgrading, skill standard development, and apprenticeships;

• Assistance to area employers in managing reductions in force in coordination with Rapid

Response activities (see Section II.G.2 below).

Unlike WIA, WIOA requires the tracking of business-related performance measures, which are

expected to be defined in the coming year.

Bidders under this RFP should be cognizant of WIOA changes and align proposals toward the

implementation of WIOA. Temporary guidance from the U.S. Department of Labor (USDOL) has been

issued in the form of Training and Employment Guidance Letters (TEGLs) and Notices of Proposed

Rulemaking (NPRMs), which are directing employment and training system changes as of July 1, 2015.

The California Employment Development Department (EDD) has also issued draft directives on WIOA

implementation. Following are resources that may be of value to bidders.

• U.S. Department of Labor Employment and Training Administration WIOA Information

• State of California Employment Development Department WIOA Information

• USDOL Training and Employment Guidance Letter WIOA No. 19-14, Vision for the Workforce

System and Initial Implementation of the Workforce Innovation and Opportunity Act

• USDOL Training and Employment Guidance Letter No. 3-14, Implementing a Job Driven

Workforce System

• Tuning In to Local Labor Markets: Findings from the Sectoral Employment Impact Study,

Public/Private Ventures

• A New Measure Deserves a New Way of Measuring: An Idea for the WIOA Measure of

Effectiveness in Serving Employers, Aspen Institute Workforce Strategies Initiative

At the time of issuance of this RFP, formal regulations have not yet been approved. Programs funded

by OWIB under this RFP will be expected to make adjustments in programming to comply with future

WIOA regulations.


5

F. OWIB RFP Goals

OWIB’s RFP process will identify contractors for delivery of services between July 1, 2016 and June 30

2017 (with possible annual extensions to 2019) in three areas:

• Adult and Dislocated Worker Services

• Youth Services

• Business Engagement and Services

The approach to service delivery described in OWIB’s 2016-2019 RFPs emerged out of a participatory

process responding to local need, regional opportunity, and national policy change. OWIB, its

Committees, staff, contractors, and diverse community stakeholders contributed to the development

of OWIB’s 2013-2017 Strategic Plan, which lay the groundwork for the RFPs. Subsequently, OWIB and

its Committees met to define policy principles and conceptual frameworks for the service models

described in these RFPs. Concurrently, OWIB’s participation in regional initiatives informed the

alignment of strategies with the regional labor market, other WIBs, and opportunities to leverage

additional resources. WIOA legislation, summarized in Section I.E.2 above, made imperative many of

the system changes already prioritized locally by OWIB.

OWIB envisions a system of seamless coordination among providers and partners in the workforce

system that can connect residents, particularly those with barriers to employment, to career pathways

leading to family-sustaining jobs in growing industries. On March 26, 2015 OWIB approved a set of

policy principles reflective of the priorities in WIOA to guide the selection of contractors and the

allocation of funding through the RFP process. These include:

• A results-oriented system that delivers high-quality training, placements, retention, and

other outcomes;

• Services and performance metrics tailored to the needs of Oakland’s population;

• Strong strategic partnerships and leveraging of other public and private funds;

• Increased and improved employer engagement, particularly through sector strategies; and

• Increased opportunities for employer-driven training.

G. Priority Industry Sectors and Career Pathways

OWIB is committed to participating in and advancing regional sector partnerships and strategies.

Sector partnerships are regional, employer-driven partnerships of industry, education and training,

and other stakeholders that focus on the workforce needs of key industries in a regional labor market.

Youth Services providers – along with OWIB and other partners -- will contribute to developing career

pathways within priority sectors and connecting students, job-seekers, and businesses to related

services and opportunities.

OWIB has identified four industry sectors to be prioritized for service strategies under 2016-2019

contracts.1 These sectors were identified in OWIB’s most recent strategic plan and have been

validated by regional sector engagement and labor market analysis. Criteria for the selection of

priority sectors include total sector employment, projected sector employment growth, and

availability of entry-level and mid-level jobs. The WIB’s priority industry sectors are:

1 The West Oakland Job Resource Center (WOJRC) is an established Access Point for the building and

construction trades, OWIB’s fifth priority industry sector.


6

• Advanced Manufacturing

• Healthcare

• Information and Communications Technology (ICT)/Digital Media

• Transportation, Distribution, and Logistics

The Business Engagement and Services provider selected through this RFP will coordinate with OWIB

staff, the Comprehensive One-Stop Career Center (COSCC), Sector Access Points, Youth Services

providers, and regional partners to serve businesses in these sectors and to provide opportunities for

job-seekers and workers to enter and advance in careers in these sectors.

Bidders for the Business Engagement and Services contract are encouraged to describe collaborative

and innovative approaches to aligning with sector initiatives, leveraging resources and strengthening

career pathways in OWIB priority sectors, such as:

• Convening employers to identify in-demand skills, competencies, and certifications in targeted

sectors;

• Co-hosting sector-focused events;

• Engaging business associations, labor organizations, and others representing priority

industries;

• Collaborating with education and training providers to align curriculum and work-based

learning with industry need in targeted sectors;

• Using sector data to inform and improve employer engagement strategies; and

• Otherwise coordinating services with regional sector strategies and career pathways.

OWIB’s training policy states that “Inasmuch as possible, training services shall be directly linked to

occupations that are in demand in the Oakland metropolitan area or in another area to which an adult

or dislocated worker receiving training services is willing to relocate…. To the greatest extent possible,

training should be linked to a career pathway in high-growth sectors that have entry-level and mid-

level occupations leading to self-sufficiency.” For this reason, the Business Engagement and Services

provider will be responsible for identifying employer skill needs in the priority industry sectors,

approving training services contracts submitted by the Comprehensive One-Stop Career Center and

Sector Access Points, collaborating with Sector Access Points to develop sector-specific cohort-based

and customized training, collaborating with Youth Services providers to develop Work Experience

opportunities for youth, and ensuring that subsidized training is job-driven and furthers OWIB sector

strategies and at least 50% of training funds are spent for training in the priority industry sectors.

H. Stakeholder Engagement Informing the RFP

Between March and June 2015, OWIB conducted a stakeholder engagement process to inform and

solicit input from employers, service providers, job-seekers, and workers. The goal of the stakeholder

engagement was to identify opportunities for growth and improvement to incorporate into planning

for future services. This process reached over 500 people and gathered input from 230 Oakland

employers, workers and job-seekers through the following activities:

• An online survey, circulated through OWIB email newsletters, City of Oakland website and

emails, publication in local media, and the CalJobs enrollment list;

• In-person surveys, conducted at four OWIB-funded locations by Mills College MBA students in

English, Spanish and Cantonese;

• Executive interviews with a dozen prominent CEOs and human resources professionals in

Oakland; and


7

• Speakers Bureau presentations by OWIB leaders and board members at community and

business organizations, offering comment cards as well as the online survey.

The following key themes emerged through the stakeholder engagement process and have been

incorporated into OWIB’s FY 2016-2018 RFPs:

• Oakland job-seekers, workers and employers are navigating a new world of work, where

rapidly changing technology, recruitment and training systems shift opportunity.

• Job seekers ranked paid and unpaid internships, support groups, opportunities to interact with

employers, information about industries and employers, and direct referrals to job openings

as important services.

• Oakland employers see a bottom-line benefit from hiring locally, and nearly two-thirds of

respondents plan to hire in the next six months. They reported recruiting through community

contacts, industry trade groups, and employee networks.

• Oakland employers in every sector surveyed noted the importance of customer service skills,

including communications, empathy and problem-solving – at all levels, in all areas of

specialization.

• Employers indicated the importance of workforce services to their future success, and offered

to host tours of their facilities, serve on short-term committees or task forces, and make

Oakland hiring commitments.


8

II. Scope of Services

A. Overview of Solicited Services

OWIB seeks an experienced organization to provide Business Engagement and Services (BES) under

WIOA, with the ultimate goals of connecting businesses with a qualified workforce and helping job-

seekers gain employment. OWIB will evaluate all timely submissions in response to this Request for

Proposals (RFP) and competitively award contracts to the bidder whose submission is most responsive

to the need for services described herein.

OWIB intends to establish a BES function within Oakland’s workforce development system that:

• Establishes OWIB and its provider network as trusted and dependable partners addressing the

talent and service needs of businesses;

• Is specialized in and focused on meeting the needs of businesses;

• Builds long-term relationships in order to better understand and address business needs;

• Refers businesses to a network of services to support human resources development and

business growth;

• Uses online platforms to facilitate communications and connections across service providers;

• Contributes to designing and implementing regional, industry-driven sector strategies;

• Reflects deep understanding of the needs of local job-seekers; and

• Establishes linkages between employers and job-seeker services by coordinating closely and

intentionally with the WIB’s One Stop system.

Until now, business services in Oakland have been delivered by the One Stop Career Centers and City

staff. This RFP solicits proposals for a new service delivery approach that establishes a physical and

online presence for BES delivery; dedicates specialized BES staff; and supports the City’s and the

region’s workforce development system with professional services addressing the needs of industry.

Bidders are encouraged to refer to effective and evidence-based practices in designing their approach

to the service model or models. Several of these practices are referenced in the RFP as examples;

bidders are not limited to inclusion of these practices and are encouraged to justify their selection of

these and other practices in the proposed service design. Bidders are also encouraged to involve

employers, job-seekers, and other community members in program design.

Together, the BES provider contracted by OWIB and their partners will deliver a system of coordinated

workforce services for Oakland businesses, in partnership with OWIB staff and OWIB-contracted

providers of Adult and Dislocated Worker Services and Youth Services. (For additional information,

please see Section I, Required and Recommended Partnerships, below.)

At the time of the release of this RFP, WIOA guidelines and regulations are forthcoming. Nothing in

this RFP is intended to limit the services required to be provided under the WIOA guidelines for the

operation and management of services under a WIOA-mandated comprehensive one stop career

center or the regulations and guidelines for registration, eligibility and enrollment, basic career

services, individualized services, training, tracking, exits, and follow-up; and to the extent not stated in

this Scope of Services, those are incorporated by reference.


9

B. Eligibility and Desired Qualifications of Bidders

All 501(c)3 non-profit organizations, public or private educational institutions, government units,

public agencies, or private for-profit organizations properly organized in accordance with Federal,

State, and local law and in business for at least one year are eligible for funding.

In addition, bidders must exhibit desired qualifications, including the experience, demonstrated track

record, and current capacity to:

• Align services with OWIB’s Business and Engagement Services model and other OWIB goals

and strategies;

• Deliver high-quality services resulting in high customer satisfaction;

• Partner with OWIB, employers, training providers, the Comprehensive One-Stop Career

Center, Sector Access Points, Youth Services providers, and other entities to implement a

coordinated system of business and job-seeker services;

• Manage contract to achieve objectives and meet or exceed WIOA performance standards;

• Maintain appropriate and auditable records;

• Self-monitor for contract and regulatory compliance;

• In the case of a collaborative proposal, manage and demonstrate results as the lead in a

collaborative service delivery model;

• Maintain separate accounting records for the OWIB contract, and track costs in sufficient

detail to determine compliance with laws and contract requirements;

• Maintain fiscal controls, accounting procedures, and financial reporting in accordance with

Generally Accepted Accounting Principles (GAAP) and City of Oakland requirements;

• Respond effectively to changes in fund availability;

• Make available accounting records upon request for examination, audit, and determination of

compliance.

• Provide information for past and current performance on workforce development contracts.

C. Collaboration

Bidders are encouraged to propose collaborative service strategies, which may or may not involve the

sub-contracting of funds to partner entities. Entities that do not meet the minimum or desired

qualifications described above may choose to establish such a partnership with a qualified bidder.

While a bidder may only submit one proposal in response to a RFP, a proposal that includes the bidder

as a subcontractor will also be considered.

When a Business Engagement and Services (BES) contract includes sub-contracts to partner entities,

the lead contractor will serve as fiscal agent and will be responsible for ensuring compliance with all

terms and conditions of contract administration; fiscal management of the contract; and

accountability for program outcomes and budgeted expenditures. Bidders that propose to sub-

contract any portion of BES funds must clearly identify in the proposal narrative the sub-contractor

organization, the services they will provide, justification for sub-contracting to the organization,

assurance that non-WIOA funds are not available for the provision of these services, and the sub-

contractor’s documented previous success in providing similar services and meeting all contractual

obligations, including contractual outcomes. Sub-contractors will be required to report outcome data

and to participate in program and financial monitoring, as requested by OWIB and in compliance with

WIOA requirements.


10

D. Contract Period

OWIB anticipates funding contracts for the one-year period from July 1, 2016 through June 30, 2017.

Pending performance, compliance, and available funding, each contract will be renewable on an

annual basis until June 30, 2019. Bidders are asked to submit budgets for a one-year period.

E. Funding Availability and Budget

At the time of the issuance of this RFP, OWIB has not been informed of the local WIOA allocation for

the 2016-2017 year. OWIB anticipates awarding a single Business Engagement and Services (BES)

contract of up to $275,000 for the 2016-2017 contract year. This amount is subject to change based

upon the actual allocation and/or changes approved by the OWIB.

Among the responsibilities of the contracted BES provider will be approval of training fund allocations

(including Individual Training Account and On-the-Job Training contracts submitted by the

Comprehensive One-Stop Career Center and the Sector Access Points) and development with the

Sector Access Points of industry sector-specific Cohort-Based Training and Customized Training.

However, training funds should not be included in the bidders’ proposed budgets. Training funds will

be accessed on an as-needed basis through arrangement with the OWIB.

F. Required Match and Leveraging of Resources

The BES contractor must demonstrate leveraging of non-WIOA resources for the delivery of services to

Oakland businesses. Committed or projected cash match equivalent to no less than 15% of the amount

requested of OWIB must be included in each bidder’s budget and described in the budget narrative

section of the proposal.

Cash match is defined as funds at the disposal of the contractor and to be used specifically for BES

activities as described in the contractor’s proposal and consistent with the allowable activities of the

funding source. Possible sources of cash match include employer or other private contributions,

foundation grants, local government contracts, public education funds, and federal grants of non-

WIOA funds. Committed cash match must be documented by an attachment to the proposal (e.g.,

copy of award letter or relevant page of contract document); documentation of projected cash match

will be required at the time of contract execution.

In-kind, non-cash match will not fulfill the OWIB’s 15% match requirement; it should be referenced in

the proposal narrative, as appropriate, but should not be included in the Budget Form or Narrative.


11

G. Scope of Services

1. Business Engagement and Services

OWIB is seeking to identify a Business Engagement and Services (BES) contractor to conduct the

following activities toward attainment of the goals and measurable objectives defined below:

Goals Measurable

Objectives

Activities

Employers are

aware of

resources

available

through OWIB’s

workforce

investment

system

Collaborate

with OWIB

staff to

develop and

implement an

effective

outreach and

marketing plan

to engage

employers

• Hire/identify staff with expertise in sales and strategic

communication

• Develop staff knowledge of WIOA, OWIB, and the OWIB

network of resources and providers

• In Year One, establish BES’ visible presence at a physical

location in the City of Oakland (as approved by OWIB) and

schedule co-location at the COSCC, Access Points, and Youth

Services providers; with a goal of later establishing more

regular and integrated presence at the providers

• Establish virtual presence, including toll-free number and

website

• Collaborate with OWIB staff to develop and implement

outreach and marketing plan

• Assist with Oakland and regional job fairs

• Develop relationships with and conduct needs assessment of

businesses in OWIB priority industry sectors

• Utilize CalJOBs and the region’s customer relationship

management (CRM) database to track and disseminate

information on employers and employment opportunities

• Beginning in Year Two, co-host business-focused events

Employers

identify and

hire workers

with the

necessary skills

Align training

opportunities

to meet the

needs of

employers

Connect job-

seeker and

business

services to

facilitate

placements

• Identify training and educational barriers that hinder local

hiring and job creation

• Facilitate partnerships with educators, training providers and

employers to develop and market training opportunities to

meet the employment needs of businesses

• Broker, design, and market Customized Training

• Market and connect employers to On-the-Job Training

subsidies, in coordination with the COSCC

• Actively identify employers with permanent, work

experience, and summer job opportunities in priority sectors,

and utilize CRM to post job orders

• Serve as primary point person re: job orders for COSCC,

Access Points, and Youth Services providers

• Conduct initial pre-screen of job-ready candidates per job

qualifications

• Refer appropriate and pre-screened candidates to employers

• Maintain employer contact to support job retention

• Contribute to development of strong accountability metrics,

and track outcomes


12

Regional

Collaboration

Meets the

Needs of

Regional

Economies

Establish

responsive

system to

meet the

needs of

priority

industry

sectors in the

region

• Contribute to design and customization of the regional CRM

database

• Gather and synthesize information on business needs and

labor market trends, including coordination of labor market

studies

• Serve as resource to One Stops, Youth Services providers, and

regional sector strategies on business needs and labor market

trends

• Participate and provide leadership – with OWIB staff – in

regional sector strategy and career pathway initiatives and

development

• Facilitate BES-related communication and coordination

among providers

• Recommend changes to the workforce development system

in order to improve employer satisfaction

Employers’

Service Needs

are Met

Develop and

implement a

comprehensive

business

services

strategy

• Build relationships with regional business services providers

in order to link business customers to available resources and

services, i.e. business start-up assistance, loans, industry

roundtables, human resources assistance, etc.

• Develop strong partnership and align strategies with the City

of Oakland, Office of Economic Development

• Refer businesses to a network of services and supports,

through required and recommended partnerships (as

described in Section II.I below)

• Refer and connect businesses to appropriate incumbent

worker training

• Deliver Rapid Response and Layoff Aversion services to

businesses (as described in Section II.G.2 below)

Employers

Provide Work-

Based Learning

(WBL)

Opportunities

that Develop

the Future

Workforce

Encourage

business

participation

in WBL

Facilitate WBL

placements

• Promote and facilitate sector strategies, career pathways, and

apprenticeship programs among businesses

• Market opportunities for businesses to coordinate with

OWIB, its contracted service providers, and education

partners to provide WBL

• Identify employers with interest in providing WBL, and utilize

CRM and other means to communicate these to OWIB Youth

and Adult and Dislocated Worker service providers and to

education partners

The Business Engagement and Services (BES) contractor will work in close coordination with OWIB

staff to achieve the goals and objectives stated above. In Year One, the contractor and OWIB staff will

define policies and procedures related to the BES function, referral mechanisms, and integration with

Adult and Youth Services. The BES contractor and OWIB staff will also work to establish on-line

systems, including contributions to the development of the region’s CRM database and protocols.

Specific deliverables related to the scope of services will be defined in contract negotiations. In Year

One and subsequent years, the BES contractor and OWIB staff will work together to continuously

adapt a business engagement and services function that is responsive to the changing needs of

industry and the regional economy.


13

Bidders must describe strategies that will be employed to effectively conduct the activities and

achieve the goals and measurable objectives described above. Bidders are encouraged to involve

employers, job-seekers, and other community members in program design. Bidders are also

encouraged to refer to effective and evidence-based practices in designing their approach to the

service model or models.

2. Rapid Response/Layoff Aversion Services

Rapid Response Services, as mandated by the EDD Directive WSD14-3, are services delivered to

businesses and employees of companies that are experiencing downsizing through layoffs or closure

and may have also been impacted by a Worker Adjustment and Retraining Notification (WARN) issued

by the State of California. These services include, but are not limited to, on-site contact with

employers, representatives of the affected workers (including labor unions), and the local community,

providing information on and facilitating access to: appropriate short- and long-term resources for

finding new jobs and/or upgrading skills; assistance with applications for Unemployment Insurance;

and job search workshops and other needed group intervention activities.

The Business Engagement and Services (BES) contractor will serve as the lead and primary contact for

businesses issuing WARN notices, in conjunction with the activities of the City of Oakland’s

Department of Economic and Workforce Development Agency (DEWD) Economic Development staff.

BES will coordinate layoff aversion and rapid response services and convene partners to provide those

services. If requested, the Comprehensive One-Stop Career Center (COSCC) and the Sector Access

Points will be responsible for providing Rapid Response Services to employees of these businesses.

Services that may be requested by BES and provided by the COSCC and Sector Access Points include:

• Review affected workers’ assistance needs.

• Coordinate and conduct Rapid Response workshop presentations to assist with career

transition, job search tools and skills, résumé preparation, and interviewing techniques.

• Assess re-employment prospects for workers in the local community, working in collaboration

with the WIB’s Business Engagement and Services contractor.

• Provide information on resources to meet the short and long-term needs of affected workers.

• Establish a process of referring affected employees to the COSCC, Sector Access Points, and

other OWIB resources.

OWIB’s BES contractor will deliver comprehensive engagement and layoff aversion strategies and

activities for businesses in transition in order to prevent or minimize unemployment. These services

include:

• Ongoing engagement, partnership, and relationship-building activities with businesses, in

order to create an environment for successful layoff aversion efforts;

• Providing assistance to employers in managing reductions in force, which may include early

identification of firms at risk of layoffs, assessment of the needs of and options for at-risk

firms, and the delivery of services to address these needs;

• Immediately contacting an affected employer, workers or their representatives, and the local

community, to assess the layoff situation and develop a strategy to address it;

• Convening service partners, such as the Comprehensive One-Stop Career Center and

appropriate Sector Access Points, to deliver services to affected businesses and workers;

• Connecting businesses to resources such as loans, business assistance programs, market

analyses, and economic development activities to address needs and prevent layoffs;


14

• Connecting businesses and workers to short-term, on-the-job, or customized training

programs and apprenticeships before or after layoff;

• Developing systems and processes for identifying and gathering information for early warning

of potential layoffs or opportunities for layoff aversion;

• Analyzing, and acting upon, data and information on dislocations and other economic activity

in the state, region, and local area;

• Developing and maintaining partnerships with other Federal, State and local agencies and

officials, business associations, technical councils, industry councils, labor organizations, and

other public and private organizations, as applicable.

• Tracking outcome and performance data and information related to the activities of the Rapid

Response program.

3. Training Services

The Comprehensive One-Stop Career Center (COSCC) will partner with the contracted Business

Engagement and Services (BES) provider to administer Individual Training Accounts (ITAs) for Adults

and Dislocated Workers. ITAs will be assigned to eligible, WIOA-enrolled customers according to their

Individual Career Plans. The COSCC will provide customers with information about training providers

on the Eligible Training Provider List to inform the choice of training. The COSCC will also assess

participant skills, interests, and readiness for training to ensure appropriate referrals to training

services, which must be approved by the BES provider. The COSCC will secure and maintain on file all

necessary paperwork related to the ITAs and will coordinate with OWIB staff, the BES provider, and

the contracted Sector Access Points to assure the strategic use of ITAs within priority industry sectors.

At minimum 50% of ITAs will be applied toward training leading to credentials in OWIB priority sectors.

The COSCC will also partner with OWIB’s BES provider to administer On-the-Job Training contracts

(OJTs). OJTs will be allocated to employers identified by the BES provider that are committed to

meeting WIOA requirements and delivering high-quality on-the-job training to enrolled individuals.

OJTs will be assigned to eligible, WIOA-enrolled job-seekers and workers according to their Individual

Career Plans. The COSCC will assess participant skills, interests, and readiness for training to ensure

referrals to appropriate OJT opportunities, which will be administered by the BES provider. The COSCC

will also secure and maintain on file all necessary job-seeker and worker paperwork related to the

OJTs and will coordinate with OWIB staff, the BES provider, and the Sector Access Points to assure the

strategic use of OJTs within priority industry sectors.

The COSCC will coordinate with OWIB staff, Sector Access Points, and the Business Engagement and

Services contractor to facilitate customer access to WIOA-funded cohort-based training delivered by

the Access Points and Customized Training administered by the Business Engagement and Services

contractor. The COSCC will demonstrate regional partnerships with providers of the full range of

training services needed by clients to enter and advance along career pathways, with an emphasis on

OWIB priority industry sectors.

4. Marketing

The Business Engagement and Services contractor will conduct outreach and marketing activities with

the goal of informing businesses – particularly those in OWIB priority industry sectors – about services

available through BES and its partners. Outreach and recruitment methods may include phone calls,

site visits, formal advertising, electronic media, flyers, brochures, word- of-mouth and other methods

of dissemination. The BES provider must ensure that the outreach and recruitment is coordinated with


15

Adult and Dislocated Worker and Youth Services providers, as well as OWIB staff. All outreach and

recruitment materials must feature approved OWIB branding and must be approved by the City as

System Administrator prior to publication.

5. Location of Services

OWIB’s contracted Business Engagement and Services (BES) provider will represent OWIB in a variety

of community settings, at the Oakland Small Business Assistance Center, at the Comprehensive One-

Stop Career Center (COSCC) and Sector Access Points, at Youth Services facilities, at employer

locations, and virtually.

The BES contractor must establish a physical presence at a location within the City of Oakland and

branded as OWIB’s BES location. The bidder is asked to propose a physical location in the proposal

narrative. Possible locations include the City of Oakland’s Small Business Assistance Center, co-

location with another OWIB contractor or partner, or at the contractor’s own facility. Selection of the

BES location will be subject to OWIB approval.

The contractor’s Business Engagement Liaison(s) must establish co-location agreements with the

COSCC, each Sector Access Point, and – as appropriate – each Youth Services provider. OWIB staff will

facilitate dialogue among the system providers to determine the most mutually beneficial co-location

strategies for the system.

The BES contractor also must establish a virtual presence that is branded as OWIB’s BES and approved

by OWIB. This must include a page on the OWIB website created and maintained by the contractor, as

well as an active social media presence. The contractor must also maintain a toll-free phone number

that is available to businesses with interest in or in need of services. The bidder is asked to describe a

plan to meet these requirements in the proposal narrative.

H. Businesses to Be Served

The Business Engagement and Services (BES) contractor will serve primarily Oakland businesses.

Outreach, marketing, and engagement of businesses in the larger East Bay region may occur in

fulfillment of regional sector strategies.

The BES contractor will target small, medium and large businesses in OWIB’s priority industry sectors

(see Section I.G above) in accordance with OWIB priorities and strategies and in collaboration with the

Sector Access Points. The BES contractor will support the Comprehensive One-Stop Career Center’s

engagement of out-of-sector businesses in response to individual job-seeker needs; however, this will

be limited to the sharing of marketing materials and alignment of strategies, while the BES

contractor’s direct engagement and services will be focused on OWIB’s priority industry sectors.

However, the BES will respond promptly and provide high-quality service to businesses from all

industry sectors who contact it seeking services.

I. Required and Recommended Partnerships

1. Comprehensive One-Stop Career Center, Sector Access Points, and Youth Services Providers

OWIB’s Business Engagement and Services (BES) contractor, together with the Comprehensive One

Stop Career Center (COSCC), Sector Access Points, Youth Services providers, and OWIB staff, will work

together to create and maintain a comprehensive system of workforce development services serving


16

Oakland’s job-seekers, workers, and businesses, with a focus on OWIB priority industry sectors and

career pathways. Bidders are encouraged to familiarize themselves with the RFPs for the other system

components to inform the BES design and coordinate strategies.

Representatives of the BES, COSCC, Sector Access Point, and Youth Services contractors will be

required to participate in mandatory biweekly meetings, for the purpose of relationship-building,

information-sharing, design and implementation of collaborative programming, individual case review,

service referrals, and realization of a coordinated system of service delivery. OWIB staff will convene

these meetings, which will rotate among the contractors’ service locations.

2. Education and Training Providers

OWIB’s BES contractor will be expected to establish working relationships with education and training

providers, in order to inform training content aligned with industry needs and connect employers with

graduates of appropriate training programs. Training may be delivered by public, private, or non-profit

providers. The BES contractor must demonstrate a training partnership with, at minimum, Oakland’s

community college district partner, the Peralta Community College District. Letters of commitment

that include detailed information on intended collaboration may be included as attachments to the

proposal.

3. Regional Initiatives

WIOA places enhanced emphasis on regional workforce development strategies and partnerships.

Local WIBs are required to engage in regional planning, establish and coordinate regional service

strategies, develop sector initiatives for in-demand sectors or occupations in the region, and collect

and analyze regional labor market and performance data.

OWIB and its regional WIB partners – Alameda County WIB, Contra Costa County WIB, and Richmond

WIB – participate in the EASTBAY Works network. The mission of EASTBAY Works is to advance the

economic well-being of the region by developing and maintaining a skilled workforce. EASTBAY Works

supports customer-focused collaboration among employment, training, economic development, and

educational partners working together to meet the needs of employers, job-seekers and workers.

Each OWIB contractor will be required assign a representative to participate in monthly meetings of

EASTBAY Works. OWIB contractors will be expected to align service delivery strategies, share

information on available resources, and take active roles in the design and implementation of regional

initiatives facilitated by EASTBAY Works. To avoid duplication and maximize efficiency in outreach,

OWIB’s Business Engagement and Services (BES) provider will also be expected to coordinate

employer engagement strategies and activities with BES providers from the other participating WIBs.

OWIB is an active participant in multiple regional initiatives, including East Bay Career Pathways, East

Bay Slingshot, Design It Build It Ship It, and others. The BES contractor will join OWIB in leading and

supporting these initiatives, coordinating services, leveraging funding, sharing and utilizing data, and

connecting businesses to resources. Bidders are encouraged to describe commitments to this regional

work, and to demonstrate understanding of and/or involvement in regional initiatives. Letters of

commitment that include detailed information on initiative involvement and service, co-location, and

resource-leveraging commitments may be included as attachments to the proposal.


17

4. Other Required Partnerships

The Business Engagement and Services (BES) contractor will also be required to partner with the

following entities:

• City of Oakland Office of Economic Development: To coordinate business outreach and

engagement and align with the City’s economic development priorities.

• City of Oakland Small Business Development Center: To enable coordination and referrals of

businesses in need of services provided through the Center.

• Oakland WIB Employer Strategies Committee: To deliver periodic updates on BES activities,

and to receive and respond to guidance and oversight provided by the Committee.

5. Other Partnerships

In addition to the partnerships described above, the Business Engagement and Services (BES)

contractor may propose to partner with additional organizations for the benefit of job-seekers and

businesses. These may be described in the proposal and detailed in signed MOUs or Letters of

Commitment, as attachments.

J. Staffing Structure

The WIB requests that Business Engagement and Services (BES) bidders describe in their proposal a

proposed staffing structure for the delivery of the solicited services. The WIB recommends a structure

that aligns with the following distribution of functions and job responsibilities:

• Business Services management staffing: In close coordination with the OWIB manager of

strategic regional initiatives, participate in strategic and regional work to advance the OWIB’s

business services goals. Supervise business engagement staff, and oversee overall contract

compliance at attainment of performance outcomes.

• Business engagement liaisons: In close coordination with Comprehensive One-Stop Career

Center, Sector Access Point, and Youth Services staff, conduct transactional employer

engagement, outreach and marketing, identification of job leads, information and referrals,

coordination of job fairs and hiring events, brokering of training, and pre-screening of job

candidates. Specialize and focus employer engagement in OWIB priority sectors, and

coordinate activities with other regional and City counterparts serving these sectors.

• Administrative/finance staffing: Administer and support BES activities.

BES staff must be highly familiar with and experienced in the local business community, and able to

demonstrate a high level of proficiency in interacting with and marketing services to businesses. Staff

with prior expertise related to OWIB’s priority industry sectors are strongly recommended. Bidders are

encouraged to describe a commitment to staff development and training, both to maintain the high

quality of direct business services and to ensure an exceptionally coordinated and integrated

workforce system of Adult and Dislocated Worker, Youth, and Business Engagement and Services

aligned with priority industry sectors.

K. Performance Measurement and Accountability

WIOA establishes core performance measures for Adult and Dislocated Worker services (including

Title II, Title III, and Title IV) and Youth Services; a business-services-related measure is expected to be

developed. WIOA performance measures are designed to measure the effectiveness and continuous


18

improvement of the workforce service delivery system, and the contracting agency will be required to

collect and report data pertaining to these measures. Performance measures are subject to change at

any time, and the OWIB may set performance benchmarks or implement additional measures in

response to regulations or local need.

A measure of effectiveness in serving employers (such as employee retention rates, rates of repeated

employer use of program, and share of all employers in a labor market served) is expected to be

developed and implemented by the U.S. Department of Labor (USDOL) by July 2016. USDOL’s Notice

of Proposed Rule-Making also considers tracking of supplemental customer service indicators; the

Aspen Institute Workforce Strategies Initiative has also suggested possible business engagement and

services performance measures. Additionally, the OWIB develops local performance measures and will

set specific targets to evaluate Adult and Dislocated Worker Services providers’ effectiveness at

serving local populations.

The BES contractor will be responsible for providing business client and program data under policies

and guidelines established by WIOA, OWIB, the State of California and the federal government, and

administered by the City of Oakland. It will be the contractor’s responsibility to ensure on-going staff

expertise and cooperation with data management requirements. The contractors will be required to:

• Utilize a customer relationship management (CRM) database and other data management

systems as specified by OWIB to track and report on activities;

• Ensure complete, accurate and timely data entry in compliance with WIOA;

• Report performance measurement information, including data on WIOA employer

services performance measures yet to be defined;

• Prepare monthly and quarterly performance reports as required by WIOA and as may be

requested by City staff, OWIB, and OWIB committees;

• Prepare monthly financial and training expenditure reports, along with supporting

documentation as required by the City.

OWIB staff will monitor, audit, and evaluate program activities throughout the funding period. The

BES contractor must allow OWIB staff access to all files and records relating directly to WIOA funds,

including database records, fiscal documents and other related records.


19

III. Proposal Requirements

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)- not applicable but 50% L/SLBE

participation is strongly encouraged

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.

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 Very Small Local Business Enterprise (VSLBE) participation is evident,

the level of participation will be double-counted towards meeting the requirement.

f) Additional Preference Points for Request for Proposals (RFP) may be earned for having an

Oakland resident workforce. Prime consultants seeking additional preference points for

having an Oakland resident workforce must submit a completed Schedule E-2 titled the

“Oakland Workforce Verification Form” no more than 4 days after the proposal due date. A

copy of Schedule E-2 is found on

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

index.htm.

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.


20

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 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.

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:


21

a) Minimum compensation – Said employees shall be paid an initial hourly wage rate of $12.53

with health benefits or $14.40 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 $1.87 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)

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.


22

5. Minimum Wage Ordinance

Oakland employers are subject to Oakland’s Minimum Wage Law whereby Oakland employees

must be paid the current Minimum Wage rate. Employers must notify employees of the annually

adjusted rates by each December 15th and prominently display notices at the job site. The law

requires paid sick leave for employees and payment of service charges collected for their services.

For further information, please go to the following website:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWage/OAK051451

6. 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 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_CH2.32EQBEOR.html#TOPTITLE

7. 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


23

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

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/City

Administration/d/CP/s/FormsSchedules/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].

8. 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

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


24

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 subcontractors 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 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.

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.

i) 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.

j) 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.

9. 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


25

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.

10. 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.

11. 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.

12. 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.

13. Sample Professional Service Agreement

This Agreement is subject to the attached Sample Professional Service Agreement.

14. 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.


26

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/FormsSchedules/index.

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

15. 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.

16. 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.

17. 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.

18. All responses to the RFP become the property of the City. To withhold financial and proprietary

information, the bidder must label each page as "confidential" or "proprietary". 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.

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

preparation of the proposal.


27

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 and/or 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 subcontractor 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.

B. Proposal Review Process

All proposals received will be screened initially for compliance with RFP requirements. Proposals that

are not received by the submission deadline; fail to follow the required format; or fail to include all

necessary information as requested will not proceed in the review process.

All proposals that pass the initial compliance screening will be evaluated based upon consistent

selection criteria. Only information submitted as part of this bid will be considered in the review

process. Proposals will be evaluated by an Independent Review Panel comprised of individuals with

relevant expertise from outside the Oakland area. Short-listed applicants may be invited to participate

in an in-person presentation/interview. OWIB staff will conduct reference checks on finalists. The

Independent Review Panel will score the proposals received and recommend the most qualified

bidder(s) to the full OWIB for a decision, and the Oakland City Council will give final approval of

contract awards.

C. Submittal Requirements

Proposals must be submitted both via e-mail and in hard copy. E-mail submissions should be sent to

[email protected] and must be sent no later than 2:00 PM on Tuesday, March 8, 2016. In

addition, proponents must submit six (6) hard copies of the proposal. Hard copies of proposals are

due on March 8, 2016 at the Department of Contracts and Compliance, Office of the City


28

Administrator, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 time stamped by no later

than 2:00 P.M.

All proposals submitted via U.S. 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.

D. Required Proposal Elements and Format

A proposal checklist is included as Appendix A. Bidders should refer to and organize the proposal

packet in the manner outlined in this checklist.

1. Cover Sheet

The Cover Sheet form (Appendix B-1) must be completed by the bidder, signed by the bidder’s

authorized representative, and submitted as an attachment.

2. Proposal Narrative

The Proposal Narrative must provide a straightforward, concise delineation of the proponent’s ability

to satisfy the requirements of this RFP, with emphasis on conformance to the RFP instructions,

responsiveness to the RFP requirements, and completeness and clarity of content.

3. Workplan/Timeline

The Workplan/Timeline form (Appendix B-2) must be completed and submitted as an attachment.

The Workplan/Timeline should concisely detail the proposed activities and timeline related to start-

up, implementation and reporting, including roles and responsibilities of individual staff and

subcontractors.

4. Service Elements Delivery Plan

The Service Elements Delivery Plan form (Appendix B-3) must be completed and submitted as an

attachment.

The Service Elements Delivery Plan indicates which of the required service elements will be provided

directly by the bidder, or whom the bidder will partner with or subcontract to deliver these services.

The Plan also indicates whether a Letter of Commitment is included with the proposal as an

attachment.

5. Business Customer Flow Chart

The bidder is asked to create and submit as an attachment a Business Customer Flow Chart that

illustrates the sequence of services to be received by Business Engagement and Services customers.

6. Performance Outcomes Form

The Performance Outcomes Form (Appendix B-4) must be completed and submitted as an

attachment.


29

The Performance Outcomes Form indicates the bidder’s proposed one-year outcomes for each OWIB

outcome measure provided.

7. Proposal Budget Form

The Proposal Budget Form (Appendix B-5) must be completed by the bidder and by each

subcontractor and submitted as an attachment. Information in the Form should describe a one-year

program budget.

8. Budget Narrative

The Budget Narrative must concisely and clearly describe all program costs for which OWIB funds are

requested, including proposed contractor and subcontractor costs. Each line item amount should be

described with clear and sufficient cost rationale, including the figures (number of hours, rates, %,

etc.) used to determine the cost. (For example, rationale for staff wages may be: 37.5 hours/week @

$26/hour for 41 weeks = $39,975. Rationale for benefits expenses may be: 32% of salaries, including

20% medical insurance, 7% disability, 5% dental.) Leveraged funds (such as the cash match

requirement of 15%) should also be described, including source, amount, proposed use, and whether

the funds are secured or proposed. This section should describe:

a. Other costs listed in the Budget Detail Form

b. Justification of the percent of total funds spent on participant expenses

c. Budget assumptions

d. Sources of other resources

e. In-kind resources

f. Other budget information you would like the review committee to know

9. Past/Current Contracts Form

The Past/Current Contracts Form (Appendix B-6) must be completed by the bidder and submitted as

an attachment.

The Past/Current Contracts Form provides information on up to four current and four past contracts

received by the bidder; the funders; amounts; dates; outcomes attained; and contact person.

Subcontractors are not required to provide past/current contract information.

10. Schedule E - Project Consultant Team

Schedule E (Appendix B-7) must be completed by the bidder and submitted as an attachment. An

interactive version of this form can be downloaded from the City of Oakland Contracts and

Compliance website:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm or a copy may be requested from Paula Peav at [email protected] or (510) 238-3190.

The Project Consultant Team listing must list the addresses, telephone numbers and areas of expertise

for each proposed subcontractor. It must identify which contractors are MBE, WBE, Local Business

Enterprises (LBE) and Small Local Business Enterprise (SLBE).

All LBEs/SLBEs, whether the bidder or a proposed subcontractor, must submit a copy of the current

business license and date established in Oakland.


30

11. Resumes/Job Descriptions

The bidder is required to submit a resume or job description for all key personnel, including staff of

the bidder and any proposed subcontractors. Each resume or job description must not exceed 2

pages.

12. Organizational Chart

The bidder is required to create an organizational chart that indicates all positions described in the

proposal; the relationships between these positions and the bidder’s organizational structure; and the

relationships between the bidder and subcontractors.

13. Letters of Commitment/Memoranda of Understanding

The bidder is required to document the proposed relationship with each subcontractor by submitting

either a signed Letter of Commitment from each proposed subcontractor, or a Memorandum of

Understanding (MOU) signed by the bidder and the proposed subcontractor(s). The Letter of

Commitment or MOU must detail the roles, responsibilities and commitments of each partner.

General letters of support are not permitted.

14. Schedule O - Campaign Contribution Limits

Schedule O (Appendix B-8) must be completed by the bidder and submitted as an attachment. An

interactive version of this form can be downloaded from the City of Oakland Contracts and Compliance

website: http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023287.pdf, or

a copy may be requested from Paula Peav at [email protected] or (510) 238-3190.

15. Acknowledgement of Addenda

If an addendum to the RFP has been issued, the bidder must sign the addendum and submit it as an

attachment.

E. 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.

• Proposal not containing the required elements, exhibits, nor organized in the required format.

• Proposal considered not fully responsive to this RFP.


31

F. Evaluation of Proposals

Proposals will be evaluated according to the following criteria:

Criteria Maximum

Point Value

Organizational Experience and Capacity

• Application must provide evidence that the applicant and its required partners

have the fiscal, administrative and performance management capacity to

administer funding streams. Scoring under this criterion will be based on the

extent to which applications provide:

o Ability to manage and maintain fiscal records, including experience

with federal funds and cost allocation.

o Adequate and qualified staff

o Capacity to track required deliverables and generate the required

reports

• Mission, history, accomplishments

• Organization structure and staffing (see Org Chart)

• Relevant programs and services, and their recent outcomes

• Administrative and data management experience and capacity

• Fiscal management experience and capacity

• Facilities

• Experience related to OWIB system and providers

• Summary information on proposed subcontractors

15

Program Description

• Proposal must demonstrate that the applicant has experience serving target

population. Applicant must provide program evaluations or reviews and previous

contract experiences.

• Summary

• Target population, outreach and marketing plan

• Effective strategy to recruit eligible participants

• Proposed client services and flow (see Client Flow Chart, Service Elements

Delivery Plan)

• Description of follow-up services and tools to measure customer satisfaction.

• Proposed sector strategies and business engagement

• Proposed Work Plan and Timeline (see attached)

• Previous contract experience

• Innovative approaches

20

Existing and Proposed Program Staffing

• Roles and experience, by position (see attached Resumes, Job Descriptions)

• Training plan

5

Subcontractors and Other Partners

• Proposed subcontractor capacity, experience, and ability to contribute to

performance outcomes (see attached Letters)

• Partnerships with OWIB system providers

• Contributions of other proposed partners (see attached Letters/MOUs)

• Partnerships with employers

15


32

Outcomes, Data Collection, Reporting and Monitoring

• Proposed performance outcomes (see attached), including justification if not

consistent with past/current performance on similar contracts

• Proposed data collection systems and procedures

• Proposed quality assurance and monitoring of subcontractors

• Proposed evaluation and continuous improvement strategies

• Past/current performance on similar contracts (see Past/Current Contracts Form)

• Proposal demonstrates provider understands WIOA performance measures.

25

Budget and Budget Narrative

• Applicant must show a strong understanding of WIOA financial procedures and

fiscal management. Scoring criteria for this section will be based on the following

categories:

o Description of process to support proposed activities with

sufficient project operational budgets.

o Description of fiscal management experience and the use of fiscal

controls.

o Describe budget justification and demonstrative sufficient

understanding of WIOA cost definitions and cost reimbursement

contracts.

• Budget Form

• Budget Narrative, including:

o Justification of costs

o Sources of non-WIOA funds, including whether proposed or confirmed

20

TOTAL 100

In addition to the criteria detailed above, proposals will be evaluated based upon the following:

• Bidder must demonstrate the ability to provide the solicited services at a reasonable cost per

customer served. Costs will be evaluated in terms of competitiveness, as well as in terms of

the quality and impact of services to be delivered.

• Bidder must demonstrate management capacity necessary to effectively and efficiently deliver

the solicited services, including capacity to:

o Deliver high-quality services resulting in high customer satisfaction

o Achieve contract objectives

o Meet or exceed state WIOA performance standards

o Maintain appropriate and auditable records

o Self-monitor for contract and regulatory compliance

• Bidder must demonstrate financial capacity necessary to manage and track multiple funding

streams, including capacity to:

o Maintain separate accounting records for the WIB contract, and track costs in

sufficient detail to determine compliance with laws and contract requirements

o Maintain fiscal controls, accounting procedures, and financial reporting in accordance

with Generally Accepted Accounting Principles (GAAP) and City requirements

o Respond effectively to changes in fund availability

o Make available accounting records upon request for examination, audit, and

determination of compliance


33

G. Interviews of Short-Listed Firms

Interviews of short-listed qualified bidders may be held if a selection is not made from the evaluation

phase. Bidders selected for an interview will be notified in writing and may be required to submit

supplemental materials prior to the interview. Interviews will last approximately 60 minutes, with

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 or via phone (exact location to be determined).

Interviews will be evaluated according to the following criteria:

Criteria Maximum Point Value

Presentation

• Relevant Experience

• Qualifications

• Organization

• Approach

• Other Factors

35

Proposal Score (Points up to a maximum allowance of 40 points will be

allocated proportionally based upon initial proposal scoring)

40

Interview/Question-and-Answer Period 25

TOTAL 100


34

H. RFP Timeline (All dates are subject to change)

RFP Release January 27, 2016

HIGHLY RECOMMENDED Bidder’s Conference February 10, 2016 @ 2:00 PM

Deadline for Submission of Questions February 18, 2016 @ 2:00 PM

Responses to Questions Posted on Oakland WIB Website February 29, 2016

Proposal Submission Deadline March 8, 2016 @ 2:00 PM

Evaluation of Proposals Week of March 14, 2016

Notification of Interviews March 21-24, 2016

Interviews, if Requested March 25-31, 2016

Award Recommendation to OWIB April 7, 2016

Award Recommendation to City Council CED Committee June 14, 2016

Award Recommendation to City Council June 21, 2016

Contract Negotiations June 22-28, 2016

Contract Document Distribution July 1, 2016

Anticipated Contract Start Date July 1, 2016

Any changes to the RFP Timeline will be noticed to all Bidder’s Conference attendees, through

iSupplier in an addendum, on the OWIB website and email lists.

I. 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 the contract to

the selected contractor.

5. A sample City standard grant agreement is included in the RFP as referenced as Appendix E:

Sample City of Oakland Grant 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.

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.


35

8. If at any point between July 1, 2016 and June 30, 2019 and for any reason a contractor’s contract

is terminated or not renewed, the City may begin negotiations and contract with the bidder that is

next in line.

J. Appeals Process

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 the grounds for the appeal, the facts and evidence in

support thereof, and the remedy sought.

Written appeals must be hand-delivered to the Executive Director of OWIB 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.

END OF RFP


36

Appendices

A. Required Proposal Checklist

B. Required Proposal Forms

1. Proposal Cover Sheet

2. Workplan/Timeline

3. Service Elements Delivery Plan

4. Performance Outcomes Form

5. Program Budget Forms

6. Past/Current Contracts Form

7. Schedule E - Project Consultant Team

8. Schedule O - Campaign Contribution Limits

C. Summary of WIOA Employer Services Requirements and Definitions

D. OWIB Training Services – Policies and Procedures

E. Sample City of Oakland Grant Agreement

F. Sample Quarterly Program Report

G. Stand-Alone Schedules Required Before Full Contract Execution

1. Schedule E-2 – Oakland Workforce Verification

2. Schedule Q – Insurance Requirements

H. City Schedules and Policies


37

Appendix A: Required Proposal Checklist

� Cover Sheet

� Program Narrative

� Workplan/Timeline Form

� Service Elements Delivery Plan

� Client Flow Chart

� Performance Outcomes Form

� Program Budget Forms (for bidder and each subcontractor)

� Budget Narrative

� Documentation of Committed Cash Match

� Past/Current Contracts Form

� Schedule E – Project Consultant Form

� Organizational Chart

� Resumes/Job Descriptions

� Letters of Commitment/Memoranda of Understanding

� Schedule O – Campaign Contribution Limits

� Acknowledgement of Addenda


38

Appendix B-1: Cover Sheet

o Contact information for office, CEO/ED, Program and Fiscal contacts

o Tax ID # and year incorporated

o Type of organization (for-profit/non-profit/public, SLEB/etc.)

o Total project budget, amount requested, amount leveraged

o Program name

o Program summary (400 words or less)

o Program model (if appropriate for RFP)

o Proposed service and training #s by geography and by sector

o Certification and signature


39

Appendix B-2: Workplan/Timeline

Applicant will be asked to complete a grid detailing activities and timeline related to start-up,

implementation, and reporting; including roles and responsibilities by partner.


40

Appendix B-3: Service Elements Delivery Plan

Applicant will be asked to indicate whether it will directly provide each of the requested WIOA service

elements, or whom the applicant will partner with to deliver the service and if a Letter of Commitment

is attached.


41

Appendix B-4: Performance Outcomes Form

Applicant will be asked to propose one-year outcomes for each OWIB outcome measure provided.

Also include cost per total businesses served.


42

Appendix B-5: Program Budget Forms

BUSINESS ENGAGEMENT AND SERVICES: PROGRAM BUDGET TEMPLATE

Date Submitted: Date Received:

APPLICANT INFORMATION

Organization Name: Federal Tax ID Number:

Type of Business:

Administrative Address: City:

Service Address: City:

Executive Director/CEO/President: Phone:

Fiscal Contact: Phone:

Program Contact: Phone:

PROGRAM BUDGET

TOTAL WIOA BUDGET $0

I. Direct Costs

Total

Program

Cost

Cash

Match

(15% of

funds

requested)

WIOA

Share

of Cost

% of

Program

Cost

Allocated

to WIOA

Staff Wages

Staff Fringe

Duplicating/Copying

Equipment

Space Costs

Postage

Materials and Supplies

Telephone/Internet/Comm

Travel/Transportation

Staff Training

Other (please identify)

TOTAL $0 $0 $0 0%


43

Program Budget Forms Continued

II. Indirect Costs

*An organization's indirect cost plan must be

developed and submitted along with this budget if

funds are budgeted in the indirect costs category.

Please attach a copy of the agency's Indirect Cost

Negotiation Agreement.

Total

Program

Cost

Cash

Match

(15% of

funds

requested)

WIOA

Share

of Cost

% of

Program

Cost

Allocated

to WIOA

Staff Wages

Staff Fringe

Insurance

Outside Audit

Duplicating/Copying

Equipment

Space Costs

Postage




Staff Training


TOTAL $0 $0 $0 0%

III. Administrative Costs

*Administrative costs are capped at 10%

Total

Program

Cost

Cash

Match

(15% of

funds

requested)

WIOA

Share

of Cost

% of

Program

Cost

Allocated

to WIOA

Staff Wages

Staff Fringe

Duplicating/Copying

Equipment

Space Costs

Postage




Staff Training


TOTAL $0 $0 $0 0%


44

Staff Wages and Benefits

Organization Name:

Position Title (Staff)

(List each position separately)

Direct

Client

Staff

(Y=Yes)

Wage*

% of

Time

(FTE)**

Total

Benefits

Percent of

wage TOTALS

Total 0 0.00% 0 0

Direct Client Staff: Mark "Y" (Yes) if staff is responsible in providing direct client services. This would not include MIS staff,

administrative staff, supervisors, monitors, clerical, IT staff, etc., that provide "administrative and/or support" functions.

* "Wage" is the net amount charged to this budget. This should equal the base wage rate for the position multiplied by the FTE %.

** "% of Time (FTE)" is the FTE (full time equivalency) for this position. For multiple staff in the same job classification the FTE % is

presented as a sum of the FTE percent for the positions (e.g., One full-time case manager and one half-time case manager would have

an FTE as 1.50%

If additional rows are required, insert rows beginning at least two rows above "Total Staff Costs". Copy formulas from an existing row

to the newly inserted rows.


45

Appendix B-6: Past/Current Contracts Form

Include funder, amount, dates, outcomes obtained, contact for reference


46

Appendix B-7: Schedule E – Project Consultant Form


47

Appendix B-8: Schedule O – Campaign Contribution Limits


48

Appendix C: Summary of WIOA Employer Services Requirements and Definitions

Local areas retain a great deal of flexibility to define the services to employers that will be provided

under Title I of the Workforce Innovation and Opportunity Act (WIOA):

Local areas have significant flexibility when providing services with adult and dislocated worker

funds. In addition to the required career and training services, local areas may use these funds to

provide additional job seeker services, business services, as well as facilitate enhanced

coordination between other partner programs and entities at the State and local level.

The Oakland WIB will need to define the strategies and services that will be used in the local area:

(i) To facilitate engagement of employers in workforce development programs, including small

employers and employers in in-demand industry sectors and occupations;

(ii) To support a local workforce development system that meets the needs of businesses in the

local area;

(iii) To better coordinate workforce development programs and economic development;

(iv) To strengthen linkages between the one-stop delivery system and unemployment insurance

programs; and

(v) That may include the implementation of initiatives such as incumbent worker training

programs, on-the-job training programs, customized training programs, industry and sector

strategies, career pathways initiatives, utilization of effective business intermediaries, and other

business services and strategies designed to meet the needs of regional employers.

Coordination activities are expected to include:

(v) Improving services and linkages between the local workforce investment system (including

the local one-stop delivery system) and employers, including small employers, in the local area.

Employer services may include:

(i) Customized screening and referral of qualified participants in training services to employers

(WIOA sec. 134(d)(1)(A)(i));

(ii) Customized employment-related services to employers, employer associations, or other such

organization on a fee-for-service basis that are in addition to labor exchange services available

to employers under the Wagner-Peyser Act (WIOA sec. 134(d)(1)(A)(ii));

(iii) Activities to provide business services and strategies that meet the workforce investment

needs of area employers, as determined by the Local Board and consistent with the local plan

(see § 678.435 and WIOA sec. 134(d)(1)(A)(ix))

Regarding performance measures for employer services, WIOA states that, “The Secretaries of Labor and

Education will jointly develop and establish one or more primary indicators of performance that indicate

the effectiveness of the core programs in serving employers before June 30, 2016.”


49

Appendix D: OWIB Training Services – Policies and Procedures

CITY OF OAKLAND

OFFICE OF ECONOMIC AND WORKFOCE DEVELOPMENT

OAKLAND WORKFORCE INVESTMENT BOARD

DIRECTIVE No: 12-001 TO: WIA Service Providers EFFECTIVE: July 1, 2012 SUBJECT: Training Services – Policies and Procedures REFERENCES:

• Workforce Investment Act (WIA), Section 134

• WIA Regulations at 20 CFR Subpart A – Delivery of Adult and Dislocated Worker Services through the One-Stop Delivery System (Sec 663.100 to 663.730)

• Senate Bill 734

• EDD Workforce Services Directive WIAD06-17 (Changes to WIA Requirements - SB 293, The Workforce Training Act)

• EDD Workforce Services Directive WSD11-9 (WIA Training Expenditure Requirements)

• EDD Workforce Services Directive WSD12-3 (Quarterly and Monthly Financial Requirements)

• EDD Workforce Services Draft Directive WSDD-72 PURPOSE: This policy directive provides guidance on eligibility for training services, financial assistance towards training, and related procedures under the Workforce Investment Act (WIA) Programs. The Oakland WIB’s Strategic Plan supports the implementation of a sector-focused approach to the delivery of training services. The Oakland WIB also has a Supportive Services policy which requires the use of the Self-Sufficiency Standard to assist job seekers with training and employment goals. ELIGIBILITY FOR TRAINING:

Training Services under WIA may be established for an individual; that individual may then be referred to any number of training options. In Oakland, training services may be made available to employed and unemployed adults and dislocated workers who:


50

• Have met the eligibility requirements for intensive services, have received at least one intensive service, and who have been determined to be unable to obtain or retain employment through such intensive services;

• Have been determined by the individual’s Case Manager or Workforce Counselor, after documented evaluation or assessment in the Individual Employment Plan, and case management services, to be in need of training services and to have the prerequisites to successfully participate in the selected program of training services;

• Have selected a program of training services that are directly linked to employment opportunities available in the local area, or in an area where the individuals receiving such services are willing to relocate;

• Are unable to obtain grant assistance from other sources to pay the costs of such training, including Federal Pell Grants, or who require WIA assistance in addition to other sources of grant assistance; and

• Are deemed eligible in accordance with Oakland's priority of services policies. TRAINING SERVICES OPTIONS

Training Services are defined as one or more courses or classes, or a structured regimen, that upon successful completion, leads to: (1) a certificate, associate degree or baccalaureate degree; or (2) the skills or competencies needed for a specific job or jobs, an occupation, occupational group, or generally, for many types of jobs or occupations, as recognized by employers and determined prior to training.

WIA-funded training services that may be provided to Adult or Dislocated Workers include:

• Occupational skills training, including training for non-traditional employment;

• Programs that combine workplace training with related instruction (which may include cooperative education programs);

• On-the Job Training;

• Training programs operated by the private sector;

• Skill upgrading and retraining;

• Entrepreneurial training;

• Job readiness training;

• Adult education and literacy activities provided in combination with the above training services; and

• Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.

Customized training, On-the-Job Training, and incumbent worker training do not require ETPL (Eligible Training Provider List) eligibility or the use of ITAs.

Inasmuch as possible, training services shall be directly linked to occupations that are in demand in the Oakland metropolitan area or in another area to which and adult or dislocated worker receiving training services is willing to relocate. One-Stop and affiliates are expected to abide by current or future policies regarding the expenditure of training funds for occupations determined by the Oakland WIB to be in sectors of the economy that have a high potential for sustained demand or growth in the Oakland metropolitan area and in meeting the goals for CA SB734. To the greatest extent possible, training should be linked to a career pathway in high growth sectors


51

that have entry-level and mid-level occupations leading to self-sufficiency. Case managers will use the Self-Sufficiency Standard to assist in determining training and employment goals. LIMITS ON TRAINING SERVICES

The Oakland Workforce Investment Board is required under the Workforce Investment Act to set policies for Adults and Dislocated Workers seeking training services funded under WIA. These policies must define time and cost limits (caps) to training activities under WIA. The following principles, initially established by EASTBAY Works, set the policies and procedures adopted by the Oakland One-Stop system:

Training subsidies will be capped/limited to $4,000 over a five-year period per program participant. Under special circumstances, on a case-by-case basis and with proper justification, a Career Counselor or Case Manager could request a waiver to exceed the $4,000 limit from the One-Stop Manager. The One-Stop Managers may approve waivers to amounts not to exceed $6,000. The Oakland WIB-designated representative must approve any waiver request that exceeds $6,000.

Individual Training Accounts and On-the-Job Training can be combined as long as the funding limit is not exceeded. INDIVIDUAL TRAINING ACCOUNTS (ITA)

The Workforce Investment Act requires that ITAs only be issued if WIA-enrolled individuals are unable to obtain other grant assistance for training services through Federal Pell Grants or any other grant assistance, including the possible funding for dislocated workers under the North American free Trade Agreement (NAFTA) or Trade Adjustment Assistance (TAA).

Individual Training account (ITA) Policy:

• Service providers must coordinate training funds available and make funding arrangements with One-Stop partners and other entities. Training providers must consider the availability of Pell Grants and other sources of grants to pay for training costs, so that WIA funds supplement other sources of training grants.

• A WIA participant may enroll in WIA-funded training while his/her application for a Pell Grant is pending as long as the One-Stop service provider has made arrangements with the training provider and the WIA participant regarding allocation of the Pell Grant, if it is subsequently awarded. In that case, the training provider must reimburse the One-Stop service provider the WIA funds used to underwrite the training for the amount the Pell Grant covers. Reimbursement is not required from the portion of Pell Grant assistance disbursed to the WIA participant for education-related expenses.

• If similar training (curricula and timeframes) are available at both public and private training institutions, the Oakland WIB would only pay up to the cost of the public training institution. (The WIA registrant could opt for the private school but would only receive an ITA for the amount equal to the Public School’s cost).

• Maximum length of training will be limited to two (2) years.


52

• It is the policy of the Oakland WIB to fund training through the use of Individual Training Accounts only with those vendors listed on the State of California Eligible Training Providers List (ETPL).

• More than one course can be taken by a participant within the maximum ITA amount allowed as long as the training is with eligible training providers, and the trainings are consistent with the Individual Employment Plan.

• ITAs and OJTs can be combined as long as the total cost stays under the limits set above and under the exceptions established above.

o Consumer Choice (20 CFR 663.440) � Training services provider through ITAs must be provided in a manner that

maximizes informed consumer choice in selecting an eligible provider; � Each One-Stop center must make available to customers the State list of

eligible training providers (ETPL) and the performance and cost information about eligible providers of training services;

� An individual who has been determined eligible for training services may select a provider from the ETPL after consultation with a Case Manager. Unless the program has exhausted training funds for the program year, the operator must refer the individual to the selected provider and establish an ITA for the individual to pay for training.

Under no circumstances should a One-Stop service provider be allowed to refer a client and establish ITAs with itself.

[WIA Directive WIAD06-17 specifically states: “Training vouchers. UI Code 14234 prohibits One-Stop operators that issue training vouchers from being a recipient of those vouchers without the approval of the local chief elected official and the California Workforce Investment Board. Approval would be given only in those instances in which there were no other potential One-Stop partners in the local area. [Cf. WIA 117(f)(1), and 20 CFR 663.400 and 663.505.]”]

ITA Payment and Payment Recapture Policy

Provided all conditions have been met to create a ratified ITA contract, contractors providing training services to WIA clients will receive one-half of the amounts due under the ITA upon the participant’s completion of 50% of the training. The remaining one-half of the amount due will be paid upon the client’s completion of the training program. Payment of either portion of the ITA is expressly conditioned upon:

• The vendor’s submission of the participant’s monthly attendance and progress reports, and

• The vendor’s submission of an invoice for each unit of training.

In the event that a participant withdraws from an ITA-funded training or does not complete the number of hours of training authorized under the ITA, the Oakland WIB or its training processing contractor, will, on the basis of “scheduled attendance”, pay only the proportional costs of the participant’s tuition for the portion of training that the participant had completed before withdrawing or exiting from the training. The vendor understands that a participant may


53

choose to withdraw from training for any reason or no reason at all, and the vendor agrees to help the career counselor determine the actual number of hours the participant attended. The Oakland WIB will not seek recovery of funds used for the purchase of books and other training materials at the onset of training. ON-THE-JOB TRAINING

On-the-Job Training (OJT) is provided under a contract with an employer in the public, private non-profit, or private sector. Through the OJT contract, occupational training is provided for the WIA participant in exchange for the reimbursement of up to 50 percent of the wage rate or up to the rate allowable based on EDD guidance, to compensate for the employer’s extraordinary costs.

OJT and Customized Training opportunities are to be given preference over ITA classroom training in order to provide training services to the greatest number of eligible individuals.

However, the Oakland WIB will not accept contracts with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work.

Participants in OJT must be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience and skills. All wage and hour laws, EEO provisions, and health and safety standards established under Federal, State or Local laws are applicable.

An OJT contract must be limited to the period of time required for a participant to become proficient in the occupation for which the training is being provided. In determining the appropriate length of the contract, consideration should be given to the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant’s individual employment plan.

OJT contracts may be written for eligible employed workers when:

• The employee is not earning a self-sufficient wage as determined by Local Board policy; and

• The OJT relates to the introduction of new technologies, introduction to new production or service procedures, upgrading to new jobs that require additional skills, workplace literacy, or other appropriate purposes identified by the Oakland WIB.

Regarding the conditions that govern OJT payments to employers, On-the-Job Training payments to employers are deemed to be compensation for the extraordinary costs associated with training participants and the costs associated with the lower productivity of the WIA participant. Employers may be reimbursed up to 50 percent of the wage rate of an OJT participant for the extraordinary costs of providing the training and additional supervision related to the OJT. Employers are not required to document such extraordinary costs.

Prohibitions on the use of OJTs

WIA funds may not be used or proposed to be used for:


54

• Contracts with employers who have previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees;

• The encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location;

• If the employer has a collective bargaining agreement, the OJT contract should not impair existing contracts for services or collective bargaining agreements;

• The use of OJT funds should not result in the full or partial displacement of employed workers;

• Customized training, skill training, or OJT or company-specific assessments of job applicants or employees of a business or a part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location;

• Funds provided to employers for OJT or customized training must not be used to directly or indirectly assist, promote or deter union organizing;

• WIA Title I funds, in general, may not be spent on the employment or training of participants in sectarian activities.

CUSTOMIZED TRAINING

Customized Training is training:

• That is designed to meet the special requirements of an employer (including a group of employers);

• That is conducted with a commitment by the employer to employ or, in the case of incumbent workers, continue to employ an individual on successful completion of the training; and

• For which the employer pays not less than 50 percent of the cost of the training.

Customized training of an eligible employed individual may be provided for an employer or a group of employers when:

• The employee is not earning a self-sufficient wage as determined by Oakland WIB policy;

• The customized training relates to the purposes identified by the Oakland WIB.

Priority in Training

In the event that funds allocated for adult or dislocated worker employment and training activities are limited, priority shall be given to recipients in accordance with the “Priority for Services” policy, as authorized and issued by the Oakland WIB. Due to limited WIA funds available for training activities, priority should be given to Oakland residents. LEVERAGED RESOURCES

Beginning in PY 2012-13 funding (grants with start dates in July 2012) all local boards are required to spend at least 25 percent of the combined total of their WIA Adult and Dislocated Worker formula fund allocations on workforce training services. The training expenditure requirement does not apply to Youth formula fund allocations. A portion of the minimum


55

training expenditure requirement, (up to 10 percent of the combined total of the Adult and Dislocated Worker fund allocation) may be met by applying designated leveraged resources used for training services.

Beginning PY 2016-17 the minimum training expenditure requirement will increase from 25 percent to 30 percent.

For local boards to meet the minimum training expenditure requirement, formula funds and leveraged resources must be spent on WIA Adult or Dislocated Worker participants enrolled in a training activity in the EDD Job Training Automation (JTA) system, which is currently in migration to the EDD California Workforce Services Network (CWSN) system.

Formula funds and leveraged resources spent on WIA core, WIA intensive services, and supportive services may not be applied toward the minimum training expenditure requirement. Leveraged resources can be claimed to fulfill the requirements under SB 734 if the participant is enrolled in a training activity as defined in training services options above. What qualifies as Leveraged Resources?

It is the policy of the Oakland WIB to apply the following as leveraged resources used for training services toward meeting up to 10 percent of the minimum training expenditure requirement:

• Federal Pell Grants established under Title IV of the Higher Education Act of 1965

• Public programs authorized by the Workforce Investment Act of 1998 (e.g., Job Corps, Migrant Seasonal Farm Worker, Rapid Response, WIA Title II Adult Education and Literacy, national and state WIA discretionary grants, WIA youth program, etc.)

• Trade adjustment assistance

• Department of Labor National Emergency Grants

• Match funds from employers, industry, and industry associations (including the employer paid portion of on-the-job training and customized training)

• Match funds from joint labor-management trusts

• Employment training panel grants

• Rapid Response set-aside funds used for training services, particularly for long-term unemployed dislocated workers.

• Youth formula funds expended on training for individuals ages 18-21 if: 1) the individuals are co-enrolled in either the WIA Adult or Dislocated Worker

program, and 2) the training meets all requirements set forth in this policy directive.

All records of funds applied as leveraged resources must be kept for independent verification by the Employment Development Department (during monitoring visits). Some examples of documentation would include:

• A commitment letter or written agreement from an employer or training provider

• A training agreement with an employer detailing the employer’s contribution

• A copy of the Pell Grant award letter or relevant correspondence from the school

• An executed worksite agreement and participant time record

• A participant progress report and/or evidence of completion


56

Costs arising from the recordkeeping required to demonstrate compliance with leveraged

resources requirements cannot be included towards fulfilling the 10 percent requirement. ACTION:

The Oakland WIB and its service providers shall follow this policy. This policy will remain in effect from the date of issue until such time that a revision is required. INQUIRIES:

Inquiries should be addressed to the Oakland WIB's Executive Director. APPROVED BY THE WIB: September 27, 2012


57

Appendix E: Sample City of Oakland Grant Agreement

SAMPLE

OAKLAND WORKFORCE INVESTMENT SYSTEM

WIA GRANT AGREEMENT

This WIA Grant Agreement (the “Agreement”) is entered into effect _______________, _____, by and between the City of Oakland, a municipal corporation (the “City”), on behalf of itself and the Oakland Workforce Investment Board (the “Oakland WIB”), and _____________________, a California nonprofit public benefit corporation (“Grantee”), pursuant to City Council Resolution No._______ C.M.S.

RECITALS

A. The City receives funding as grant recipient under the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014 (together, “WIA”), codified at 29 USC §2801, et seq., to deliver workforce investment activities for the Oakland Local Workforce Investment Area. The Oakland WIB is the local workforce investment board and the Mayor of the City of Oakland is the chief elected official of the Oakland Local Workforce Investment Area as defined by WIA. The Mayor has designated the City Administrator to act on his or her behalf on all WIA administrative matters.

B. Grantee has been selected by the Oakland WIB and the Mayor to be a provider of employment services for [SPECIFY YOUTH, ADULTS, OTHER] within the Oakland workforce investment system.

C. The purpose of this Agreement is to set forth the role of Grantee in delivering services to the Oakland workforce investment system, and to provide for City grant funding of such work from WIA and other grant funds. This Agreement shall serve as the “Memorandum of Understanding” required between local WIBs and WIA service providers pursuant to Section 121(c) of WIA.

NOW, THEREFORE, the City and Grantee agree as follows: 1. GRANT Subject to the terms and conditions of this Agreement, the City agrees to provide a grant of funds to Grantee (the “Grant”) in the amount of $_________________. The Grant amount is broken down as follows:


58

• Program dollars: $__________________

• Participant support services dollars: $________________

• Participant wages: $________________ This Agreement is based on the allocation of WIA formula funds and other funds for Fiscal Year _____________ as approved and authorized by the City for Grantee’s work under this Agreement. Budget allocations are subject to modifications based upon the mid-year budget review processes of the Oakland WIB and the Oakland City Council. 2. SCOPE OF WORK

As a condition of this Grant, Grantee must diligently and in good faith perform the program services and other work (the “Work”) specified in that Scope of Work attached hereto as Exhibit A incorporated herein by reference. 3. AGREEMENT DOCUMENTS AND PROVISIONS

Grantee shall perform or arrange for the performance of Work under this Agreement in accordance with conditions of this Agreement including the attached Scope of Work in addition to City of Oakland rules, regulations and policies and applicable federal and state laws. 4. TIME OF PERFORMANCE The initial term of this Agreement shall be from ______________, until _____________. The term of this Agreement may be extended in writing for up to two additional years with the mutual agreement of the parties. The Grant amounts for those additional years shall be as budgeted and approved by the City. In addition, with the mutual agreement of the parties, the term of this Agreement may be extended in writing with no additional funding allocation from the City for the extension period as may be necessary for Grantee to complete performance of the Scope of Work and meet performance benchmarks, exit outcomes, and follow-up services for the preceding year. 5. METHOD OF PAYMENT Grantee shall perform the Work under this Agreement and receive reimbursement payments, under the payment terms and disbursement process further set forth below, and, for amounts designed above as program dollars, in accordance with that budget detailed as Exhibit B to this Agreement (the “Budget”), incorporated herein by reference. For the Grant amount specified above as program dollars, Grantee will be reimbursed for meeting the performance benchmarks set forth in Exhibit A, but only for costs set forth in the Budget. Each request for payment must include a status report detailing the activities undertaken under the Scope of Work to meet performance standards set forth in this Agreement, and otherwise meet requirements set forth in Exhibit A.


59

For the Grant amount specified above as participant support services dollars and participant wages, if any, Grantee will be reimbursed on a cost reimbursement basis for WIA-enrolled clients specific to this Agreement. Grantee must develop a system to track expenditures to ensure that there is no overspending of these dollars, and that they have been separately allocated from program dollars. Disbursements must be in accordance with the federal allowable cost principles set forth in OMB Circular No. A-122, as well as in accordance with this Agreement. The City will disburse funds only for costs actually incurred by Grantee. Costs incurred before or after the term of this Agreement shall not be reimbursed and shall be the sole responsibility of Grantee. Reimbursements for indirect costs, such as costs of operating, maintaining or leasing facilities or equipment, depreciation or use allowances, administrative or executive salaries, and other general administrative expenses, must be in accordance with OMB Circular No. A-122 and must be supported by documents that either (1) demonstrate current approval by the US Department of Labor or the California Employment Development Department of Grantee’s indirect cost rate calculation and method by which this rate is applied to WIA funds, or (2) set forth a cost allocation plan, with a full explanation of the indirect cost rate calculation and method of proration of revenues, satisfactory to the City.

In order to receive disbursements, all payment requests must be supported by documentation reasonably sufficient in the City’s determination to support payment. Grantee must submit payment requests to the City within 60 calendar days following the end of the term of this Agreement, as such term may be extended. No payment requests submitted after the 60-day period shall be binding on the City for reimbursement. Any costs above the amount of this Grant necessary for the completion of the work shall be the sole responsibility of Grantee. The payment of all costs incurred in the performance of this Agreement shall be the sole responsibility of, and be borne by, Grantee. Funding is contingent on the availability of federal and state funds, and the parties agree that this Agreement shall be subject to modification or termination in the event that the contemplated funding is not available. 6. PROMPT PAYMENT This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of the Oakland Municipal Code. Under said Ordinance, the City must disburse Grant funds to Grantee within 20 business days after receipt of an undisputed request for payment. An undisputed request for payment is a request for payment that is not a “disputed invoice” within the meaning of the Prompt Payment Ordinance. Under the Ordinance, a “disputed invoice” is an invoice or request for payment that is either (1) improperly executed by Grantee, (2) contains errors, (3) requires additional evidence to determine its validity, and/or (4) contains expenditures or proposed expenditures that are ineligible or that do not otherwise comply with reimbursement or disbursal requirements of the


60

City or another grant funding source, such as the California Employment Development Department or the US Department of Labor. If a request for payment is “disputed”, the payment/disbursal shall not be subject to late penalties until the dispute is resolved. In the event a request for payment is disputed, the City shall notify Grantee and the City’s Liaison (as defined in the Prompt Payment Ordinance) in writing within five business days of receiving the disputed request for payment that there is a bona fide dispute, in which case the City shall withhold the disputed amount and may withhold the full amount if either the California Employment Development Department or the US Department of Labor requires that the disputed expenditures be fully resolved prior to any disbursement of Grant funds. If either the California Employment Development Department or the US Department of Labor requires its review and approval before payments are made to Grantee, the 20-day prompt payment period shall be suspended for any period of review by said agency. If any amount due by the City to be disbursed to Grantee pursuant to this Agreement is not timely paid in accordance with the Prompt Payment Ordinance, Grantee is entitled to interest penalty in the amount of 10% of the improperly withheld amount per year for every month that payment is not made, provided that Grantee agrees to release the City from any and all further claims for interest penalties that may be claimed or collected on the amount due and paid. Grantees that receive interest penalties for late payment pursuant to the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. The Prompt Payment Ordinance further requires that, unless specific exemptions apply, Grantee shall pay undisputed invoices of its subcontractors for goods and/or services within 20 business days of submission of invoices unless Grantee notifies the City’s Liaison in writing within five business days that there is a bona fide dispute between Grantee and claimant, in which case Grantee may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City’s Liaison, and, upon the filing of a complaint, Grantee, if 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 Grantee fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Grant 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. Grantee is not allowed to retain monies from subcontractor payments for goods as project retention, and is required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five business days of payment. For the purpose of posting on the City's website, Grantee is required to file notice with the City of release of retention and payment of mobilization fees within five business days of such payment or release; and Grantee is required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five 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.


61

7. PROGRAM INCOME

Any funds received as return of costs or as income generated from activities funded by this Agreement are the property of the City and must be transmitted to the City promptly.

8. DESIGNATION OF GRANTEE AS SERVICE PROVIDER

Grantee agrees to take on the role and responsibility of being a service provider for the Oakland Local Workforce Investment Area during the term of this Agreement. 9. COMPLETION REQUIREMENTS It shall be the responsibility of Grantee to coordinate and schedule the Work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The City may extend the time for completion of the Work in writing, if it determines that delay in the progress of the Work is not attributable to the negligence of Grantee and that such delay was due to causes beyond the control of Grantee. Any time extension granted to Grantee to enable Grantee to complete the Work shall not constitute a waiver of rights the City may have under this Agreement. 10. PERFORMANCE STANDARDS Grantee shall be held accountable for the performance of the Work as required by the US Department of Labor, the California Employment Development Department, and the City. Failure to meet the performance standards set by the US Department of Labor, the California Employment Development Department, or the City may result in termination of this Agreement. Grantee’s performance will be analyzed on a monthly and quarterly basis. For each reporting period that Grantee submits a report showing poor implementation of the Work, the City may require Grantee to submit an analysis of the causes for poor performance and appropriate corrective actions to be taken within specified time frames. The City will meet with Grantee to explore corrective measures. If Grantee does not carry out the required corrective action within the specified time frame, the City may apply sanctions and pursue remedies set forth herein. If the problem persists, City staff reserves the right to inform the WIB and others of the deficiency and take further action as authorized in this Agreement. 11. REPORTING Grantee must gather data and submit program performance reports in accordance with the requirements of the US Department of Labor, the California Employment Development Department, and the City. Reporting requirements are further set forth in the Scope of Work and are subject to change. Grantee must maintain and submit records to the City within five business days of the City’s request which clearly


62

document Grantee’s performance under each requirement of this Agreement. Grantee must supply promptly, upon the City’s reasonable request, any information or documentation pertaining to the Work under this Agreement and must cooperate with the City’s representatives on matters related to program monitoring and evaluation. 12. RECORDS Grantee must maintain records that fully and accurately show the date, amount, purpose, and payee of all expenditures drawn from funds provided under this Agreement, and must maintain full and complete documentation of performance-related matters such as benchmarks and deliverables associated with this Agreement. Grantee must keep all estimates, invoices, receipts, and other documents related to such fund expenditures and documentation of performance-related matters for at least five years after completion of the term of this Agreement. Grantee must maintain a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement. Grantee must maintain such accounting records for a period of four years following the last fiscal year during which the City made a payment to Grantee under this Agreement. All records must be kept accurate and up-to-date. The City shall notify Grantee of any records it deems in its reasonable judgment to be insufficient. Grantee shall have 15 calendar days from such notice to correct any specified deficiency in the records, or, if more than 15 days shall be reasonably necessary to correct the deficiency, Grantee shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. 13. AUDITS Grantee agrees to comply with all audit, inspection, record-keeping and fiscal reporting requirements mandated by the City, and all state and/or federal audit requirements applicable to the funding sources of the Grant. Grantee must make available at Grantee’s office for examination at reasonable intervals and during normal business hours to the City’s representatives, as well as representatives of the US Department of Labor and the California Employment Development Department, all books, accounts, reports, files, financial records, and other papers or property with respect to all matters covered by this Agreement, including the financial condition of Grantee in general, and shall permit these representatives to audit, examine, and make copies, excerpts or transcripts from such records. The City’s representatives, as well as representatives of the US Department of Labor and the California Employment Development Department, may make audits of any conditions relating to this Agreement, as well as the general financial condition and organizational condition of Grantee, throughout the term of this Agreement and for three years following the expiration of the term of this Agreement. Notwithstanding anything to the contrary above, Grantee must also comply with the applicable provisions of Office of Management and Budget (“OMB”) Circular No. A-133 with respect to audit requirements.


63

14. FRAUD, WASTE, AND ABUSE Grantee must immediately inform the City’s Workforce Investment Executive Director, as well as the US Department of Labor, the California Employment Development Department, and other agencies as required under WIA regulations, of any information or complaints involving criminal fraud, waste, abuse, or other criminal activity in connection with the Work. 15. COMPLIANCE WITH FEDERAL STANDARDS Grantee shall be responsible for complying with the terms, conditions, and requirements set forth in WIA, WIA regulations codified at 20 CFR Part 660, et seq., applicable OMB circulars, state WIA regulations, and other applicable federal and state laws with respect to federal grants. These include, but are not limited to, the following:

(A) Grantee shall comply with all applicable standards, orders, or requirements

issued under Section 306 of the Clean Air Act (42 U.S.C. §1857 (h)), Section 508 of the Clean Water Act (33 U.S.C. §1368), Executive Order 11738, and US Environmental Protection Agency regulations (40 CFR Part 15, revised as of July 1, 1989), and with all applicable standards, orders, and requirements issued relating to energy efficiency which are contained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).

(B) By signing this Agreement, Grantee hereby assures and certifies to the

lobbying restrictions which are codified in US Department of Labor regulations at 29 CFR Part 93:

1) No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.

3) The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers (including subgrant agreements, contracts and subcontracts, under


64

grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly.

4) This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and the US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.\

(C) Grantee is prohibited from discriminating on the ground of race, color,

religion, sex, sexual preference, national origin, age, disability, or political affiliation or belief, in admission or access to, opportunity or treatment in, or employment in the administration of, or in connection with, any program or activity funded under this Agreement. As a condition to the award of financial payment under this program, Grantee assures, with respect to operation of this funded program or activity and all agreements or arrangements to carry out this program or activity, that it will comply fully with all nondiscrimination and equal opportunity statutes and regulations including, but not limited to, the following: Section 188 of the Workforce Investment Act of 1998;Title VI and VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; the California Fair Employment and Housing Act, Government Code Sections 12900 et seq.; California Labor Code Sections 1101, 1102, and 1102.1; and with all applicable requirements imposed by or pursuant to regulations implementing those laws. The federal government, state government, and the City shall have the right to seek judicial enforcement of this nondiscrimination requirement.

(D) Grantee agrees to grant the City, Federal, and State governments, a

royalty-free, nonexclusive and irrevocable license to publish, copy, translate or use, now and hereafter, all materials, data, films, tapes, etc., developed under this Agreement. The City, federal and state governments reserve the right to authorize others to use or reproduce such materials. Further, the City, federal, and state governments shall have access to any report, preliminary findings or data assembled by Grantee under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement.

(E) By signing this Agreement, Grantee hereby certifies under penalty of perjury

that it will comply with the requirements of the government-wide requirements for a drug-free workplace codified in US Department of Labor regulations, including, but not limited to, 29 CFR §98.600 and 29 CFR §98.630 and the State of California’s Drug-Free Workplace Act of 1990


65

(Government Code §8350, et seq.) and will provide a drug-free workplace by taking the following actions:

• Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code §8350(a).

• Establish a Drug-Free Awareness Program as required by Government Code §8355(b) to inform employees about all of the following:

o The dangers of drug abuse in the workplace. o Grantee’s policy of maintaining a drug-free workplace. o Any available counseling, rehabilitation and employee

assistance programs. o Penalties that may be imposed upon employees for drug

abuse violations. • Provide, as required by Government Code §8355(c), that every

employee who works on this Agreement: o Will receive a copy of Grantee’s drug-free policy statement;

and o Will agree to abide by the terms of Grantee’s statement as a

condition of employment. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of future agreements if the City determines that any of the following has occurred:

• False certification; or • Violation of the certification by failing to carry out the requirements

as noted above.

(F) Grantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.

(G) For funds provided under this Agreement that are used for construction or

repair, Grantee shall comply with, and ensure that any of its grantees or subgrantees comply with, the following federal requirements, as applicable: (1) Executive Order 11246 (“Equal Employment Opportunity”) as amended by Executive Order 11375 and as supplemented by Department of Labor regulations (41 CFR Chapter 60); (2) the Copeland “Anti-Kickback” Act (18 USC §874) as supplemented by Department of Labor regulations (29 CFR Part 3); (3) the Davis-Bacon Act (40 USC §§256a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); and (4) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).


66

16. CONFIDENTIALITY Grantee shall maintain the confidentiality and security of all participant files. No information may be divulged to any outside party (other than the City or other funding agency) without the express written permission of the participant, except as necessary for the purpose of performance monitoring or program evaluation, or except to the extent such disclosure is required by applicable law or court order. 17. GRIEVANCES Grantee shall establish and maintain a procedure for addressing grievances and complaints from program participants. Such procedure shall include a process for Grantee to conduct an informal resolution of the dispute and a hearing to be completed within 60 days of the filing of the grievance or complaint. The remedies that may be imposed as part of such procedure shall be as permitted under WIA regulations. Such procedure shall provide for an appeal to the designated Grantee, the City and the state for any party to the dispute who is dissatisfied with Grantee’s decision. For any grievances or complaints of Grantee filed against the City, the City shall conduct an informal resolution of the dispute and a hearing before a representative designated by the City to be completed within 60 days of the filing of the grievance or complaint. Grantee may appeal any decision by the City on such grievance or complaint to the state or federal government if permitted under WIA regulations. 18. COOPERATION Grantee and the City shall cooperate with each other and other agency participants, including the One-Stop Operator and One Stop Career Center Operator designated by the City, in furthering the operations of the Oakland workforce investment system. 19. LIVING WAGE Grantee is subject to the City’s Living Wage Ordinance codified in Chapter 2.28 of the Oakland Municipal Code and its implementing regulations as a “City Financial Assistance Recipient” or “CFAR.” The Ordinance requires among other things that, unless specific exemptions apply or a waiver is granted, all covered CFARs must pay a minimum level of compensation to their covered employees of at least $12.53 per hour if health benefits of at least $1.87 per hour are offered, or $14.40per hour if no health benefits are offered. This wage rate shall be adjusted annually pursuant to the terms of the Ordinance. Grantee and its agents agree to abide by the requirements of the Living Wage Ordinance to pay the specified minimum compensation to its covered employees, to offer the required compensated and uncompensated leave time to its covered employees, to provide the required notices to its covered employees, and to submit the required documentation to the City during the term of this Agreement. Grantee shall also include language in any service contract that it enters into related to this Agreement, if the amount of the service contract exceeds $25,000, requiring that the


67

service contractor comply with Living Wage requirements for its covered employees. Grantee shall submit a copy of such service contracts to the City’s Office of Contract Compliance.

For purposes of this section, “covered employees” mean any natural person who performs services for the employer under this Agreement; but does not include managerial, supervisory, or confidential employees, independent contractors, volunteers, or those construction employees who are entitled to be paid at prevailing wages. Under the provisions of the Living Wage Ordinance, the City may, under appropriate circumstances, terminate this Agreement and seek other remedies as set forth therein for violations of the Ordinance.

20. EQUAL BENEFITS Grantee and its agents must abide by the City of Oakland Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code. Grantee and its agents warrant and represent that they do not discriminate in the provision of those benefits enumerated in the Ordinance between its employees with domestic partners and its employees with spouses, or between the domestic partners and spouses of its employees. Grantee must post written notice to its employees of their potential rights under the Equal Benefits Ordinance. Grantee and its agents must promptly provide to the City upon request documents and information verifying its compliance with the Equal Benefits Ordinance. Grantee understands that, in the event that it violates the Equal Benefits Ordinance, the City may suspend or terminate this Agreement, demand repayment of amounts disbursed under this Agreement, deem Grantee ineligible for future financial assistance, impose liquidated damages, seek attorneys’ fees and enforcement costs, or pursue any other remedy permitted under the Ordinance. 21. LOCAL/SMALL LOCAL ENTERPRISE PARTICIPATION

The City has established requirements for participation by local and small local enterprises, including local nonprofit organizations and small local nonprofit organizations, in publicly-supported projects. Grantee satisfies local and small local enterprise requirements. 22. NONDISCRIMINATION

Grantee may not discriminate against any employee or applicant for employment on the basis 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, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Grantee agrees to


68

post in conspicuous places available to all employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. In providing services under this Agreement, Grantee may not discriminate against any program participant on the basis 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. Program activities shall be available to all eligible persons regardless of religious affiliation or non-affiliation. 23. POLITICAL PROHIBITION Funds paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, or for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government. 24. RELIGIOUS PROHIBITION

There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of the Agreement. 25. BUSINESS TAX CERTIFICATE OR EXEMPTION

Grantee shall obtain and provide proof of a valid City business tax certificate or business tax exemption certificate. Said certificate or exemption must remain valid during the duration of this Agreement. 26. INSURANCE COVERAGE Grantee must have or cause to have in full force and effect the insurance coverage specified in Exhibit C to this Agreement during the term of this Agreement. 27. NON-LIABILITY OF CITY No member, official, officer, director, employee, or agent of the City shall be liable to Grantee for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. 28. INDEMNITY Notwithstanding the insurance coverage required herein, Grantee hereby agrees to indemnify and hold the City of Oakland, and its members, officials (including Oakland WIB members), officers, directors, employees, and agents (collectively, the “Indemnified Parties”) harmless from any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including reasonable attorneys' fees)


69

which an Indemnified Party may incur arising out of: (1) Grantee’s failure to perform any of its obligations as and when required by this Agreement; (2) a failure of any of Grantee’s representations or warranties to be true and complete in any material respect; or (3) any act or omission by Grantee or any contractor or subcontractor, with respect to the Work done under this Agreement, except to the extent that the loss is caused by the negligence or willful misconduct of the Indemnified Party. Grantee shall pay immediately upon the Indemnified Party’s demand any amounts owing under this indemnity provision. The duty of Grantee to indemnify includes the duty to defend the Indemnified Party in any court action, administrative action, or other proceeding brought by any third party arising from this Agreement, with counsel reasonably acceptable to the Indemnified Party. Grantee’s duty to indemnify the Indemnified Parties shall survive the term of this Agreement. 29. EVENTS OF DEFAULT

The occurrence of any of the following events shall be an "Event of Default" by Grantee under this Agreement:

(A) Failure to adequately perform the Work set forth in this Agreement; (B) Failure for any reason to fulfill in a timely and proper manner any of the

other obligations imposed by this Agreement on Grantee, including the obligation to comply with City, state and federal law;

(C) Breach by Grantee or its employees or agents of any term or condition set forth in this Agreement;

(D) Failure by Grantee to meet the performance standards contained in this Agreement;

(E) Breach by Grantee under any other agreement pertaining to the Oakland workforce development system, whether or not the City is a party to such agreement;

(F) Improper use or reporting of funds provided under this Agreement by Grantee or its employees or agents;

(G) A determination by the City in its reasonable judgment that any of Grantee’s representations or warranties made in this Agreement, any statements made to the City by Grantee, or any certificates, documents, or schedules supplied to the City by Grantee in connection with this Agreement were untrue in any material respect when made, or that Grantee concealed or failed to disclose a material fact from the City in connection with this Agreement; or

(H) Grantee’s (1) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any involuntary filing brought by another party under bankruptcy or similar laws before the earlier of final relief or 60 days after filing; (2) making a general assignment for the benefit of creditors; (3) applying for the appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or 60 days after the


70

filing; (4) insolvency; or (5) failure, inability or admission in writing of its inability to pay its debts as they become due.

30. NOTICE OF DEFAULT AND CURE

The City shall give written notice to Grantee of any Event of Default on the part of Grantee. Said notice shall specify the nature of the act, omission, or deficiency giving rise to the Event of Default. In addition, if the Event of Default is curable, the notice shall also specify the action required to cure the default, and a reasonable date, which shall not be less than 30 calendar days from the mailing of the notice, by which Grantee must take or commence such action to cure. 31. REMEDIES Following any notice of an Event of Default, the City may suspend payments under this Agreement pending Grantee’s cure of the specified breach. Upon an Event of Default that has not been cured by Grantee, the City, in its discretion, may take any of the following actions:

(A) Terminate this Agreement in whole or in part; (B) Suspend payments under this Agreement; (C) Demand immediate reimbursement of any funds disbursed under this

Agreement; (D) Bring an action for equitable relief (a) seeking the specific performance by

Grantee of the terms and conditions of the Agreement, and/or (b) enjoining, abating, or preventing any violation of said terms and conditions, and/or (c) seeking declaratory relief;

(E) Bar Grantee from future funding by the City; and/or (F) Pursue any other remedy allowed at law or in equity.

32. TERMINATION OR MODIFICATION FOR LACK OF APPROPRIATION

The City’s obligations under this Agreement are contingent upon the availability of funds from WIA or other funding sources for the Grant. The City may terminate this Agreement on 30 days’ written notice to Grantee without further obligation if said funding is withdrawn or otherwise becomes unavailable for continued funding of the Work.

33. RELATIONSHIP OF PARTIES

The relationship of the City and Grantee is solely that of a grantor and grantee of funds, and should not be construed as a joint venture, equity venture, partnership, or any other relationship. The City does not undertake or assume any responsibility or duty to Grantee (except as provided for herein) or to any third party with respect to the work performed under this Agreement. Except as the City may specify in writing, Grantee has no authority to act as an agent of the City or to bind the City to any obligation.


71

34. PUBLICITY

Any publicity generated by Grantee for the program funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, shall make reference to the contribution of the City in making the project possible. The words “City of Oakland” shall 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 Grantee to assist Grantee in generating publicity for the program funded pursuant to this Agreement. Grantee further agrees to cooperate with authorized City officials and staff in any City-generated publicity or promotional activities undertaken with respect to this program. 35. WARRANTIES

Grantee represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable Grantee to fully comply with the terms of this Agreement and otherwise carry out the Work required under this Agreement; (2) that it is duly organized, validly existing and in good standing under the laws of the State of California; (3) that it has the full power and authority to undertake the Work required under this Agreement; (4) that there are no pending of threatened actions or proceedings before any court or administrative agency which may substantially affect the financial condition or operation of Grantee, other than those already disclosed to the City; and (5) that the persons executing and delivering this Agreement are authorized to execute and deliver such document on behalf of Grantee. 36. LITIGATION AND PENDING DISPUTES Grantee must promptly give notice in writing to the City of any litigation pending or threatened against Grantee in which the amount claimed is in excess of $50,000. Grantee must disclose, and represents that it has disclosed, any and all pending disputes with the City prior to execution of this Agreement. The City will provide a form for such disclosure upon Grantee’s request. Failure to disclose pending disputes prior to execution of this Agreement shall be a basis for termination of this Agreement. 37. CONFLICTS OF INTEREST Grantee warrants and represents, to the best of its present knowledge, and agrees to exercise due diligence to ensure, that no "covered person" associated with the City (as defined below) has or will obtain a financial interest or benefit from this Agreement, or has or will obtain an interest in any contract, subcontract or agreement with respect to this Agreement or the proceeds thereunder, either for themselves or their immediate family members, business partners, or employing organization. A "covered person" for purposes of this paragraph includes any employee, agent, consultant, officer, or elected or appointed official of the City (including an Oakland WIB member) who participates in


72

a decision making process with respect to this Agreement or the provision of services by Grantee. Grantee’s attention is directed to the federal conflict of interest rules set forth in WIA (29 USC §2832(g)), WIA regulations (20 CFR §667.200(a)(4)), and federal procurement regulations (29 CFR §97.36(b)(3)). Grantee warrants and represents, to the best of its present knowledge, that no public official of this City who has been involved in the making of this Agreement, or who or has participated in the decision to approve this Agreement as a member of a City board or commission (including the Oakland WIB), 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. Grantee warrants and represents, to the best of its present knowledge, that any such public official of the City who is a compensated employee or a compensated or non-compensated director or officer of said nonprofit corporation has disqualified himself or herself from participating in the City decision to make this Agreement.

Grantee further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by Grantee to the City, that (1) no public official of the 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 Grantee 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. Grantee agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. Grantee’s attention is directed to the conflict of interest rules applicable to governmental decision making contained in the Political Reform Act (California Government Code §87100, et seq.) and its implementing regulations (California Code of Regulations, Title 2, §18700, et seq.).

Grantee shall exercise due diligence to ensure that no proceeds under this Agreement are used in any self-dealing transaction, within the meaning of the California Corporations Code, involving a material financial interest of a director of Grantee; unless such transaction is expressly permitted or considered valid under the Corporations Code. 38. UNAVOIDABLE DELAY IN PERFORMANCE

The time for performance of provisions of this Agreement by either party shall be extended for a period equal to the period of any delay directly affecting this Agreement which is caused by: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; suits filed by third parties concerning or arising out of this Agreement; or unseasonable weather conditions. An extension of time for any of the above-specified causes will be deemed granted only if written notice by the party claiming such extension is sent to the other party within ten calendar days from the commencement of the cause. Times of performance under this Agreement


73

may also be extended for any cause for any period of time by the mutual written agreement of the City and Grantee. 39. VALIDITY OF CONTRACTS

This Agreement shall not be binding or of any force or effect until it is approved for form and legality by the Office of the City Attorney and signed by the City Administrator or his or her designee. 40. GOVERNING LAW

This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law or expressly governed by federal law. 41. STATUTORY REFERENCES

All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the City of Oakland shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. 42. ATTORNEYS' FEES AND COSTS

In the event any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. 43. TIME

Time is of the essence in the performance of this Agreement by the City and Grantee. 44. CONSENTS AND APPROVALS

Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned. 45. NOTICES, DEMANDS AND COMMUNICATIONS

Formal notices, demands and communications between Grantee and the City shall be given by registered or certified mail, postage prepaid, return receipt requested, or shall be delivered personally, to the principal offices of Grantee and the City as follows, or if any such office is relocated, to the new address specified by the relocated party:


74

CITY: City of Oakland c/o: Community and Economic Development Agency 250 Frank Ogawa Plaza, 3rd Floor Oakland, CA 94612 Attn.: John Bailey, Executive Director, Workforce Investment Board Copy to: City of Oakland City Attorney’s Office One Frank Ogawa Plaza, 6th Floor Oakland, CA 94612 Attn: Daniel Rossi

GRANTEE: Attn: 46. ASSIGNMENT AND SUBCONTRACTING

Grantee may not assign or subcontract any of its interests or obligations under this Agreement to any other party without the prior written consent of the City. Any unauthorized assignment or subcontracting shall be void. 47. WAIVER Any waiver by the City of an obligation in this Agreement must be in writing and must be executed by an authorized agent of the City. No waiver should be implied from any delay or failure by the City to take action on any breach or Event of Default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Grantee should not be construed to be a consent to any other act or omission or to waive the requirement for the City’s written consent to future waivers. 48. INTEGRATION This Agreement contains the entire agreement of the parties with respect to the matters addressed herein, and supersedes any prior negotiations. All prior or contemporaneous agreements, understandings, representations, and statements are merged into this Agreement and are of no further force or effect.


75

49. OTHER AGREEMENTS

Grantee represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. Grantee may not enter into any agreements that are inconsistent with the terms of this Agreement without an express written waiver by the City. 50. AMENDMENTS AND MODIFICATIONS

Any amendments or modifications to this Agreement must be in writing, and will be effective only if executed by both Grantee and the City. 51. SEVERABILITY

Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.

52. COUNTERPARTS

This Agreement may be signed in multiple counterparts, which, when signed by all parties, will constitute a binding agreement. 53. EXHIBITS The following exhibits are attached to this Agreement and are hereby incorporated herein by reference:

Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Insurance Requirements Exhibit D: Payment Request Form

[SIGNATURE BLOCKS ON NEXT PAGE]


76

In witness whereof, the City and Grantee have entered into this Grant Agreement effective as of the date first above written. “CITY” CITY OF OAKLAND, a municipal corporation By: ________________________________________

City Administrator

By: ________________________________________ Mark Sawicki, Director Department of Economic and Workforce Development

Approved for forwarding

By: ________________________________________ John R. Bailey Executive Director, Oakland Workforce Investment Board

Approved as to form and legality: By: ________________________________ Deputy City Attorney

“GRANTEE” [INSERT FULL LEGAL GRANTEE NAME HERE], a California nonprofit public benefit corporation By: __________________________________ Name: _______________________________ Title: _________________________________


77


WIA GRANT AGREEMENT

EXHIBIT A

SCOPE OF WORK

(attached)


78


WIA GRANT AGREEMENT

EXHIBIT B

BUDGET

(attached)


79


WIA GRANT AGREEMENT

EXHIBIT C

INSURANCE REQUIREMENTS A. General Liability, Automobile, Worker’s Compensation and Professional Liability

Grantee shall procure, prior to commencement of service, and keep in force for the term of this Agreement, at Grantee’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, Grantee shall provide the City with copies of all insurance policies. The insurance shall at a minimum include:

1. Commercial General Liability (“CGL”) insurance, shall cover liability arising

from premises, operations, independent contractors, products-completed operations, personal and advertising injury, Bodily Injury, Broad Form Property Damage, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). If such CGL insurance contains a general aggregate limit, it shall apply separately to this agreement.

i. Coverage afforded on behalf of the City shall be primary insurance and

any other insurance available to the City under any other policies shall be excess insurance (over the insurance required by this Agreement).

ii. Limits of liability: Grantee shall maintain CGL insurance 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, it shall apply separately to the location of services provided under this Agreement.

iii. If the policy is a “claim made” type policy, the following should be

included as endorsements:

1) The retroactive date shall be the effective date of this Agreement or a prior date.

2) The extended reporting or discovery period shall not be less than thirty-six (36) months.

2. Automobile Liability Insurance. Grantee shall maintain automobile liability

insurance 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,


80

and non-owned autos). Coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. In the event Grantee does not own vehicles, but utilizes non-owned and hired vehicles, evidence of such coverage is acceptable with a signed statement from Grantee stating that only non-owned and hired vehicles are used in the course of the Agreement.

3. 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. Grantee certifies that it 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. Grantee 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.

B. Terms Conditions and Endorsements

The aforementioned insurance shall be endorsed and have all the following conditions:

1. Insured Status (Additional Insured): Grantee 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 as insureds in its CGL policy. If Grantee 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.

2. 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.

3. Cross-liability coverage as provided under standard ISO forms’ separation of

insureds clause.

4. Certificate holder is to be the same person and address as indicated in the “Notices” section of this Agreement.

5. Insurer shall carry insurance from an admitted company with a Best Rating of A

VII or better.


81

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 Grantee, such insurance in the name of Grantee 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 Grantee 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

Grantee will be required to provide proof of all insurance required for the work prior to execution of the Agreement, including copies of Grantee’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 termination of the Agreement

F. Subcontractors

Should Grantee subcontract or subgrant out the work required under this Agreement, it shall include all subcontractors and subgrantees as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, Grantee may require all subcontractors or subgrantees to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City and Grantee shall be named as additional insured under the subcontractor’s or subgrantee’s General Liability policy. All coverages for subcontractors or subgrantees 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 retentions 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 Grantee 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


82

Grantee waives all rights against the City 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 maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice.


83


WIA GRANT AGREEMENT

EXHIBIT D

PAYMENT REQUEST FORM

(attached)

END OF GRANT AGREEMENT SAMPLE


84

Appendix F: Sample Quarterly Program Report


85

Appendix G: Stand-Alone Schedules Required Prior to Contract Award

SCHEDULE E-2

(OAKLAND WORKFORCE VERIFCATION)

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

AND

SCHEDULE Q

(INSURANCE REQUIREMENTS) 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


86


87

Schedule Q

INSURANCE REQUIREMENTS (Revised 07/08/15)

a. General Liability, Automobile, Workers’ Compensation and Professional Liability

Contractor shall procure, prior to commencement of service, and keep in force for the

term of this contract, at Contractor'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, Contractor 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 for premises operations, independent

contractors, 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)

Limits of liability: Contractor 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. Contractor 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, with statutory limits, and 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, and $1,000,000 each employee bodily injury by

disease. The Contractor certifies 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 Contractor 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.


88

iv. Professional Liability/ Errors and Omissions insurance, if determined to be

required by HRM/RBD, appropriate to the contractor’s profession with limits not

less than $________ each claim and $________ 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 contractor must purchase extended period coverage for a minimum of

three (3) years after completion of work.

v. Contractor’s Pollution Liability Insurance: If the Contractor is engaged in:

environmental remediation, emergency response, hazmat cleanup or pickup, liquid

waste remediation, tank and pump cleaning, repair or installation, fire or water

restoration or fuel storage dispensing, then for small jobs (projects less than

$500,000), the Contractor must maintain Contractor’s Pollution Liability Insurance

of at least $500,000 for each occurrence and in the aggregate. If the Contractor is

engaged in environmental sampling or underground testing, then Contractor must

also maintain Errors and Omissions (Professional Liability) of $500,000 per

occurrence and in the aggregate.

b. Terms Conditions and Endorsements

The aforementioned insurance shall be endorsed and have all the following conditions:

i. Insured Status (Additional Insured): Contractor shall provide insured status naming

the City of Oakland, its Councilmembers, directors, officers, agents, employees and

volunteers as insured’s under the Commercial General Liability policy. General

Liability coverage can be provided in the form of an endorsement to the

Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG

20 10 and CG 20 37 forms, if later revisions used). If Contractor submits the ACORD

Insurance Certificate, the insured status endorsement must be set forth on an ISO

form 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. Coverage afforded on behalf of the City, Councilmembers, directors,

officers, agents, employees and volunteers shall be primary insurance.

Any other insurance available to the City Councilmembers, directors,

officers, agents, employees and volunteers under any other policies shall

be excess insurance (over the insurance required by this Agreement); and


89

iii. Cancellation Notice: Each insurance policy required by this clause shall provide

that coverage shall not be canceled, except with notice to the Entity; and

iv. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation

in favor of the City for all work performed by the contractor, its employees, agents

and subcontractors; and

v. Certificate holder is to be the same person and address as indicated in the

“Notices” section of this Agreement; and

vi. Insurer shall carry insurance from admitted companies with an A.M. 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 Contractor, such

insurance in the name of Contractor 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 Contractor 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

Contractor will be required to provide proof of all insurance required for the work prior

to execution of the contract, including copies of 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 ground for rescission of the contract award.

f. Subcontractors

Should the Contractor subcontract out the work required under this agreement, they

shall include all subcontractors as insured’s under its policies or shall maintain separate

certificates and endorsements for each subcontractor. As an alternative, the Contractor

may require all subcontractors 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 Contractor shall be named as additional insured under the

subcontractor’s General Liability policy. All coverages for subcontractors shall be


90

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 Contractor 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

Contractor waives all rights against the City of Oakland and its Councilmembers, officers,

directors, employees and volunteers 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 right 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 contractor maintains higher limits than the minimums shown above, The City shall be

entitled to coverage for the higher limits maintained by the contractor.

END OF SCHEDULE Q – INSURANCE REQUIREMENT


91

Appendix H: City Schedules and Policies

PLEASE READ CAREFULLY: It is the prospective primary proposer’s/bidder’s/grantee’s

responsibility to review all listed City Schedules, Ordinances and Resolutions.

If you have questions regarding any of the schedules, Ordinances or Resolutions, please contact

the assigned Contract Compliance Officer listed on the Request for Proposals (RFP), Notice

Inviting Bids (NIB), Request for Qualifications (RFP) and Grant announcements.

By submitting a response to this RFP/Q, NIB, or Grant opportunities, to the City Of Oakland

the prospective primary participant’s authorized representative hereby certifies that your

firm or not-for profit entity has reviewed all listed City Schedules, Ordinances and Resolutions

and has responded appropriately.

Note: additional details are available on our website as follows:

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

1. Schedule B-2 - (Arizona Resolution) – Applies to all agreements and is part of the

“Combined Contract Schedules”.

i. This Agreement is subject to Resolution No. 82727 C.M.S. For full details of the

Resolution please go to the City’s website

http://www2.oaklandnet.com/Government

/o/CityAdministration/d/CP/s/policies/index.htm.

ii. Excerpt: (Resolution #82727) RESOLVED: That unless and until Arizona rescinds

SB 1070, the City of Oakland urges City departments to the extend where

practicable, and in instances where there is no significant additional cost to the

city or conflict with law, to refrain from entering into any new or amended

contracts to purchase goods or services from any company that is headquartered

in Arizona.

iii. Prior to execution of this agreement and/or upon request, the contractor shall

complete the Schedule B-2 form and submit to the City. The form can be found

on our website at

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

s/FormsSchedules/index.htm (see Combined Schedules)

2. Schedule C-1 - (Declaration of Compliance with the Americans with Disabilities Act) –

Applies to all agreements and is part of the “Combined Contract Schedules”.

i. This Agreement is subject to the Americans with Disabilities Act (ADA). It

requires that private organizations serving the public make their goods, services

and facilities accessible to people with disabilities. Furthermore, the City of

Oakland requires that all of its Contractors comply with their ADA obligations

and verify such compliance by signing this Declaration of Compliance.


92

(1) You certify that you will comply with the Americans with Disabilities Act

by:

(2) Adopting policies, practices and procedures that ensure non-

discrimination and equal access to Contractor’s goods, services and

facilities for people with disabilities;

(3) Providing goods, services and facilities to individuals with disabilities in an

integrated setting, except when separate programs are required to

ensure equal access;

(4) Making reasonable modifications in programs, activities and services

when necessary to ensure equal access to individuals with disabilities,

unless fundamental alteration in the nature of the Contractor’s program

would result;

(5) Removing architectural barriers in existing facilities or providing

alternative means of delivering goods and services when removal of

barriers is cost-prohibitive;

(6) Furnishing auxiliary aids to ensure equally effective communication with

persons with disabilities;

(7) If contractor provides transportation to the public, by providing

equivalent accessible transportation to people with disabilities.

ii. Prior to execution of this agreement and/or upon request, the contractor shall

complete the Schedule C-1 form and submit to the City. The form can be found

on our website at

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

s/FormsSchedules/index.htm (see Combined Schedules)

For Declaration of ADA compliance for facility and other special events agreements please

reference C-2 on the above web site.

3. Schedule D – (Ownership, Ethnicity, and Gender Questionnaire) – Applies to all agreements

and is part of the “Combined Contract Schedules”. Please be advised that ethnicity and

gender information will be used for reporting and tracking purposes ONLY.

This agreement is subject to the reporting of Ownership, Ethnicity and Gender

questionnaire form. Prior to execution of this agreement and/or upon request, the

contractor shall complete the Schedule D form and submit to the City. The form can be

found on our website at

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

ndex.htm (see Combined Schedules)

4. Schedule E – (Project Consultant or Grant Team). Applies to Non-Construction agreements

and is a “stand alone Schedule2” and must be submitted with proposal.

2 Stand Alone Schedule is not part of the “Combined Schedule”.


93

i. This Agreement is subject to the attached hereto and incorporated herein as

Schedule E form, this form is required to be submitted with the proposal.

ii. The form can also be found on our website at http://www2.oaklandnet.com/

Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm.

iii. This form is use for establishing level of certified local Oakland for profit and not

for profit participation and calculating compliance with council’s 50% local

participation policy.

iv. In response to this RFP/Q or grant opportunity, the prime shall be a qualified for

profit or not-for profit entity.

v. Sub-Consultants (if used) or sub-grantees must be listed to include: addresses,

telephone numbers and areas of expertise/trace category of each. Briefly

describe the project responsibility of each team member. Identify if contractors

are certified MBE, WBE, Local Business Enterprises (LBE) and Small Local

Business Enterprise (SLBE), Locally Produced Goods or Very Small Local Business

Enterprise. Additionally, for LBEs/SLBEs, please submit a copy of current business

license local business certificate and date established in Oakland.

5. Schedule E-2 (Oakland Workforce Verification Form) – Referenced in Attachment B.

Applies to Non-Construction agreements and is a “stand alone Schedule”, and must be

submitted with proposal if seeking extra preference points for an Oakland Workforce.

i. All prime consultants, contractors, or grantees seeking additional preference

points for employing an Oakland workforce must complete this form and submit

with "required attachments" to Contracts and Compliance no later than four (4)

days after the proposal due date. For questions, please contact the assigned

Compliance Officer named in the RFP/Q, NIB, and competitive grant opportunity.

ii. The Schedule E-2 form can be found on our website at

http://www2.oaklandnet.com/

Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm

6. Schedule F – (Exit Report and Affidavit) – Applies to all agreements and is a “stand alone

Schedule”.

i. This Agreement is subject to the Exit Reporting and Affidavit form. The Schedule

F form can be found on our website at

http://www2.oaklandnet.com/Government/o/

CityAdministration/d/CP/s/FormsSchedules/index.htm.

ii. The Prime Contractor/Consultant/Grantee must complete this form as part of

the close-out process. Each LBE/SLBE sub-contractor/sub-consultant and sub-

grantee (including lower tier LBE/SLBE sub-contractors/sub-consultants, sub-

grantees, suppliers and truckers). The Exit Report and Affidavit must be


94

submitted to Contracts and Compliance with the final progress payment

application. (Remember to please complete an L/SLBE Exit Report for each listed

L/SLBE sub-contractor/sub-consultant or sub-grantee).

7. Schedule G – (Progress Payment Form) – Applies to all agreements and is a “stand alone

Schedule”.

This Agreement is subject to the reporting of subcontractor progress payments on a

monthly basis. The Schedule G form can be found on our website at



8. Schedule K – (Pending Dispute Disclosure Policy) – Applies to all agreements and is part of

the “Combined Contract Schedules”.

i. Prior to execution of this agreement and/or upon request the contractor shall

complete the Schedule K form and submit to the City. The form can be found on

our website at

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

Schedules/index.htm (see Combined Schedules)

ii. Policy – All entities are required to disclose pending disputes with the City of

Oakland when they submit bids, proposals or applications for a City contract,

contract amendments or transaction involving:

(1) The purchase of products, construction, non-professional or professional

services, Contracts with concessionaires, facility or program operators or

managers, Contracts with project developers, including Disposition and

Development Agreements, lease Disposition and Development Agreements

and other participation agreements Loans and grants, or acquisition, sale,

lease or other conveyance of real property, excluding licenses for rights of

entry or use of city facilities for a term less than thirty (30) consecutive

calendar days.

(2) Disclosure is required at the time bids, proposals or applications are due for

any of the above-described contracts or transactions when an entity is

responding to a competitive solicitation and at the commencement of

negotiations when bids, proposals or applications are solicited by or

submitted to the City in a non-bid or otherwise non-competitive process.

(3) The disclosure requirement applies to pending disputes on other City and

Agency contracts or projects that: (1) have resulted in a claim or lawsuit

against the City of Oakland (2) could result in a new claim or new lawsuit

against the City of Oakland or (3) could result in a cross-complaint or any

other action to make the City of Oakland a party to an existing lawsuit.

“Claim” includes, but is not limited to, a pending administrative claim or a

claim or demand for additional compensation.


95

(4) Entities required to disclose under this Disclosure Policy include (1) any

principal owner or partner, (2) any business entity with principal owners or

partners that are owners or partners in a business entity, or any affiliate of

such a business entity, that is involved in a pending dispute against the City

of Oakland or Agency.

(5) Failure to timely disclose pending disputes required by this policy may result

in (1) a determination that a bid is non-responsive and non-responsible for

price-based awards, or (2) non-consideration of a bid or proposal for a

professional service contract or other qualification-based award. The City

may elect to terminate contracts with entities that failed to timely disclose

pending disputes and/or initiate debarment proceedings against such

entities.

9. Schedule M – (Independent Contractor Questionnaire, Part A). – Applies to all agreements

and is part of the “Combined Contract Schedules”.

Prior to execution of this agreement and/or upon request, the contractor shall complete the

Schedule M form and submit to the City. The form can be found on our website at

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

ndex.htm (see Combined Schedules)

10. Schedule N - (LWO - Living Wage Ordinance) – Applies to Non-Construction agreements

and is part of the “Combined Contract Schedules”.

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

of the Living Wage Ordinance can be found on the City’s website

(https://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.28LIWAOR.h

tml#TOPTITLE).

ii. Prior to execution of this agreement and/or upon request the contractor shall

complete the Schedule N form and submit to the City. The form can be found on

our website at



11. Schedule N-1 - (EBO - Equal Benefits Ordinance) – Applies to Non-Construction agreements

over $25,000 and is part of the “Combined Contract Schedules”.

i. This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the

Oakland Municipal Code and its implementing regulations. The full details of the

Equal Benefits Ordinance can be found on the City website at

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

ml#TOPTITLE.


96


complete the Schedule N-1 form and submit to the City. The form can be found

on our website at



12. Schedule O – (City of Oakland Campaign Contribution Limits Form) - Applies to all

agreements and is a “stand alone Schedule”, and must be submitted with proposal.

i. 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.

ii. The form is also available on our website at


Schedules/index.htm

13. Schedule P – (Nuclear Free Zone Disclosure) - Applies to all agreements and is part of the

“Combined Contract Schedules”.

i. This agreement is subject to the Ordinance 11478 C.M.S. titled “An Ordinance

Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons

Work and City Contracts with and Investment in Nuclear Weapons Makers”. The

full details of the Ordinance 111478 C.M.S. can be found on our website at

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

ndex.htm.


complete the Schedule P form and submit to the City. The form can be found on

our website at



14. Schedule Q - (Insurance Requirements) - Applies to all agreements and is a “stand alone

Schedule”, and evidence of insurance must be provided.



97

Schedule Q Insurance Requirements. Unless a written waiver is obtained from

the City’s Risk Manager, Contractors must provide the insurance as found at


Schedules/index.htm Schedule Q.

ii. A copy of the requirements are attached and incorporated herein by reference.

Liability insurance shall be provided in accordance with the requirements

specified.

iii. When providing the insurance, include the Project Name and Project Number on

the ACORD form in the section marked Description of Operations/Locations.

iv. 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.

15. Schedule R – (Subcontractor, Supplier, Trucking Listing) – applies to Construction

agreements only and is a “stand alone Schedule”.


Schedule R form. The form can also be found on our website at



ii. For establishing level of certified local Oakland for profit and not for profit

participation and calculating compliance with council’s 50% local participation

policy.

iii. In response to this Notice Inviting Bids (NIB) opportunity, the prime shall be a

qualified for profit or not-for profit entity.

iv. The contractor herewith must list all subcontractors and suppliers with values in

excess of one-half of 1 percent of the prime contractor’s total bid or ten

thousand dollars ($10,000) whichever is greater regardless of tier and all trucking

and dollar amount regardless of tier to be used on the project. The contractor

agrees that no changes will be made in this list without the approval of the City

of Oakland. Provide the address, type of work, dollar amount and check all boxes

that apply. Bidders that do not list all subcontractors and suppliers with values

greater than one half of one percent and all truckers regardless of tier and dollar

amount shall be deemed non-responsive.

v. Identify if contractors are certified MBE, WBE, Local Business Enterprises (LBE)

and Small Local Business Enterprise (SLBE), Locally Produced Goods or Very Small

Local Business Enterprise.

16. Schedule V – (Affidavit of Non-Disciplinary or Investigatory Action) - Applies to all

agreements is part of the “Combined Contract Schedules”.


98

This Agreement is subject to the Schedule V - Affidavit of Non-Disciplinary or Investigatory

Action. The form can be found on our website at

http://www2.oaklandnet.com/Government/o/

CityAdministration/d/CP/s/FormsSchedules/index.htm (see Combined Schedules)

PLEASE NOTE: By submitting an RFP/Q, NIB or Grants to the City Of Oakland the prospective

primary participant’s authorized representative hereby obligates the proposer(s) to the

stated conditions referenced in this document.