REQUEST FOR PROPOSALS - Oakland, CaliforniaREQUEST FOR PROPOSALS – WIOA Youth Services 1 I....

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OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT

WORKFORCE INVESTMENT BOARD

250 Frank Ogawa Plaza, Suite 3315250 Frank Ogawa Plaza, Suite 3315250 Frank Ogawa Plaza, Suite 3315250 Frank Ogawa Plaza, Suite 3315

Oakland, CA 94612Oakland, CA 94612Oakland, CA 94612Oakland, CA 94612

REQUEST FOR PROPOSALS

(RFP)

for

WORKFORCE INVESTMENT AND OPPORTUNITY ACT (WIOA)

ON-CALL YOUTH 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 Youth 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 .................................................................... 2

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

G. Priority Industry Sectors and Career Pathways ................................ 6

H. Stakeholder Engagement Informing the RFP ................................... 7

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

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

B. Eligibility and Desired Qualifications of Bidders ............................... 8

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

D. Contract Period .................................................................................. 9

E. Funding Availability and Budget ........................................................ 9

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

G. Scope of Services ............................................................................... 10

H. Populations to Be Served ................................................................... 14

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

J. Performance Measurement and Accountability .............................. 18

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

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

B. Proposal Review Process ................................................................... 28

C. Submittal Requirements ................................................................... 28

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

E. Rejection of Proposal Elements ........................................................ 31

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

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

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

C. Youth Eligibility Criteria ..................................................................... 48

D. Summary of WIOA Youth Program Design Requirements ............... 50

E. Definition of Required WIOA Youth Service Elements ..................... 51


F. OWIB Training Services – Policies and Procedures .......................... 54

G. Sample City of Oakland Professional or Specialized

Services Agreement ........................................................................... 62

H. Sample Quarterly Program Report.................................................... 89

I. Stand-Alone Schedules Required Before Full Contract

Execution ............................................................................................ 91

J. City Schedules and Policies ................................................................ 97

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].


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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/dowd021639.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. New registrants can email [email protected] for registration

instructions. Allow 3 working days for approval to access bid documents through iSupplier.


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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 workforce development services for in-

school youth ages 16-21 and out-of-school youth ages 16-24 under the Workforce Innovation and

Opportunity Act (WIOA), with the ultimate goals of helping youth to obtain skills, credentials and work

experience, and businesses to connect with a qualified workforce. 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.

A bidder may submit only one proposal in response to this OWIB 2016-2018 RFP. OWIB has released

three RFPs at this time, and a bidder may submit one proposal for each of the three RFPs, or up to

three proposals total.

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. Based upon previous allocations, OWIB anticipates awarding up to four contracts

of up to $221,250 per contract to provide Youth Services for the 2016-2017 contract year. These

amounts are subject to change based upon the actual allocation and/or changes approved by the

OWIB.

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


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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.

WIOA reauthorizes and reforms the federal workforce system, providing several modifications and

improvements that will enable job seekers to connect to good jobs and acquire skills needed to obtain

them. Specific to the services being procured through this RFP are changes intended to provide job-

seekers with access to high quality training and help them acquire industry-recognized credentials for

in-demand jobs. WIOA encourages focusing resources and activities on:

• Training that leads to industry-recognized, post-secondary credentials;

• Design and use of career pathways in priority industry sectors to provide education, training,

and employment assistance to accelerate job seekers’ educational and career advancement;

• Improved customer choice and quality through multiple procurement methods, including

Individual Training Accounts (ITAs), pay for performance contracts, and direct contracts with

higher education providers;

• Use of ITAs to pay for training for out-of-school youth ages 18-24.

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.


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• 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

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.

Specific to Youth Services, WIOA maintains many of the service provisions included in WIA, with

several important changes that will impact providers contracted under this RFP. Bidders are

encouraged to review Appendix D, Summary of WIOA Youth Program Design Requirements, and

Appendix E, Definition of Required WIOA Youth Program Elements. Notable changes in the WIOA

legislation include:

• Expanded targeted age group from 14-21 to 16-24 for out-of-school youth and 14-21 for in-

school youth.

• Removed “low-income” requirement for most out-of-school youth with a defined barrier.

• Increased emphasis on serving out-of-school youth; no more than 25% of funding may be

dedicated to in-school youth services.

• Increased emphasis on employer engagement and work-based learning; a minimum of 20% of

funding must be dedicated to work-based learning.

• Five new required youth program elements, including:

o Financial literacy education;

o Entrepreneurial skills training;

o Provision of labor market information about in-demand sectors and occupations;

o Activities that help youth prepare for and transition to postsecondary education and

training; and

o Education offered concurrently with and in the same context as workforce

preparation activities and training for a specific occupation or occupational cluster.

• Increased emphasis on providing “stepping stones” that help youth advance through training

and along career pathways.

• Increased emphasis on regional partnerships and planning.

• Increased emphasis on strategies targeting in-demand industry sectors.

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:

• WIOA Information, USDOL

• The Workforce Innovation and Opportunity Act – Fact Sheet: Youth Program, USDOL


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• Training and Employment Guidance Letter WIOA No. 23-14, Operating Guidance for the

Workforce Innovation and Opportunity Act – Youth Program Transition, USDOL

• Draft Directive WSDD-117, WIOA Youth Program Requirements, EDD

• Enough Is Known for Action webinar series from USDOL

• Serving Out-of-School Youth Under the Workforce Innovation and Opportunity Act, MDRC

• Resources on the Workforce Innovation and Opportunity Act, CLASP

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.

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 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;

• Increased opportunities for employer-driven training.

OWIB seeks to identify Youth Services contractors that will shape and implement a coordinated

system of comprehensive workforce services for Oakland youth. Qualities of this system will include:

• Shared goals related to youth educational success, credential attainment, and employment,

particularly on high-demand career pathways;

• “No wrong door” access to services delivered by a network of service and training providers;

• Coordinated referrals across available services and providers;


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• Programs and services aligned as “stepping stones” along training and career pathways;

• Intentional leveraging of funding and other resources;

• Regional partnerships that connect Oakland youth services with broader labor market and

service provider networks.

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:

• Advanced Manufacturing

• Healthcare

• Information and Communications Technology (ICT)/Digital Media

• Transportation, Distribution, and Logistics

Youth Services contractors selected through this RFP will coordinate with OWIB staff, the Business

Engagement & Services provider, and regional partners to serve businesses in these sectors, and to

provide opportunities for job-seekers to enter and advance in careers in these sectors.

Bidders 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:

• Partnering with Oakland Unified School District career academies in targeted sectors to recruit

and serve eligible youth;

• Partnering with Peralta Community College District career technical education programs to

enroll eligible youth in training and support their academic and career success;

• Designing and delivering training that builds in-demand skills and competencies and helps

youth enter and progress along career pathways;

• Ensuring that students and job-seekers can obtain and make use of career pathway

information;

• Co-hosting sector-focused events;

• Using sector data to inform and improve programming; 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,

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.


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

level occupations leading to self-sufficiency.” Youth Services providers that utilize WIOA training funds

must dedicate at least 50% of these funds 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

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

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

While OWIB’s stakeholder analysis did not focus exclusively on the needs of youth, key themes

emerged that are of importance to youth and their service providers:

• 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.

OWIB also recognizes the significant engagement of Oakland youth that was conducted this year by

the Oakland Fund for Children and Youth (OFCY). Findings of this stakeholder engagement were

incorporated into the Oakland Fund for Children and Youth Strategic Investment Plan. Findings of

importance to OWIB and its contractors from the Strategic Investment Plan are:

• OFCY supports youth workforce programming that provides Oakland youth career support,

workplace exposure, paid internships, and other subsidized youth employment opportunities

similar to those sought through this RFP.

• Stakeholders identified a need for supportive services to address challenges such as housing,

financial, legal, or family needs that may interfere with their academic or career success.


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• Supported programming to expand access to career awareness emphasizes work-based

learning such as job shadowing and short term paid work experience and also features job-

readiness, financial literacy, and employer support.

• OFCY will continue to partner with other public-system investors to ensure alignment of

academic support, college readiness, and workforce resources.

II. Scope of Services

A. Overview of Solicited Services

OWIB seeks experienced organizations to provide workforce development services for Youth ages 16-

24 under the Workforce Innovation and Opportunity Act (WIOA), with the ultimate goals of helping

youth to obtain skills, credentials and work experience, and businesses to connect with a qualified

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

and competitively award one or more contracts to bidders whose submissions are most responsive to

the need for services described herein.

OWIB is soliciting proposals to provide services under one or more of the four service models

described in greater detail below: (1) OUSD Alternative High School Model, (2) GED/HiSET Education

Model, (3) Postsecondary Education/Training Model, and (4) Youth Employment Model. Together, the

contracted organizations will deliver workforce services to youth in Oakland, in coordination with

OWIB staff and a contracted Business Engagement and Services provider.

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.

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 service models with OWIB’s Youth Council goals and strategies;

• Deliver workforce services for out-of-school youth between the ages of 16 and 24 or in-school

youth between the ages of 16 and 21 that lead to skills gains, credential attainment, and/or

employment;

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

• Work effectively with youth in Oakland, and in particular with the priority populations

identified in this RFP;

• Partner with Oakland Unified School District (OUSD), Peralta Community College District

(PCCD), and other entities key to addressing the needs of Oakland youth;

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


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• 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; and

• 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 Youth Services 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 Youth Services 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 participant data using CalJOBs and to participate in program

and financial monitoring, as requested by OWIB and in compliance with WIOA requirements.

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. Based upon previous allocations, OWIB anticipates awarding up to four contracts

of up to $221,250 per contract to provide Youth Services for the 2016-2017 contract year. These

amounts are subject to change based upon the actual allocation and/or changes approved by the

OWIB.

In compliance with WIOA priorities, OWIB will allocate 20% of Youth Services funds for services to in-

school youth and 80% for services to out-of-school youth. (Please see Appendix C for eligibility criteria


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and definitions of in-school and out-of-school youth.) Each contract need not include the 20%/80%

split of funds; however, no more than 20% of total grant contracts will be for service to in-school youth.

Also in compliance with WIOA regulations, OWIB will allocate no less than 20% of funds for activities

supporting paid and unpaid work experience as a component of academic and occupational

education, as described in section G below. OWIB requires that all bidders incorporate work

experience strategies and devote 20% of their budget to these activities. Budget expenditures for work

experience may include wages as well as staffing costs for the development and management of work

experience. Work experience activities may include: summer employment and year-round

employment opportunities, pre-apprenticeship programs, internships, job shadowing, and on the job

training opportunities. Work experience strategies must serve as a next step in career development,

whether the desired outcome is employment or enrollment in post-secondary education or advanced

training.

Youth incentives such as funds for transportation, uniforms, or certifications are an allowable expense

and may be included in the bidder’s proposed WIOA budget. Each incentive must be linked to the

participant’s achievement of goals identified in his or her Individual Service Strategy.

WIOA training funds will be available to Youth Services providers for the benefit of eligible

participants; however, training funds will 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

Youth Services contractors must demonstrate leveraging of non-WIOA resources for the delivery of

employment and training services to Oakland job-seekers and 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 Youth Services 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

activities serving WIOA-eligible and –enrolled youth 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 (i.e., 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.

G. Scope of Services

OWIB is soliciting proposals to provide services under one or more of the following service models,

which are described in greater detail below:

(1) OUSD Alternative High School Model

(2) GED/HiSET Education Model

(3) Postsecondary Education/Training Model

(4) Youth Employment Model


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Bidders must describe the service model or models that they propose to deliver under contract with

OWIB. Proposals may include services under a single service model or under several service models.

Bidders may propose for youth to participate in a single service model or in several service models.

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

youth, parents, and other community members in program design.

Together, the Youth Services providers contracted by OWIB and their partners will deliver a system of

coordinated workforce services for enrolled Oakland youth, in partnership with OWIB staff and OWIB-

contracted providers of Adult and Dislocated Worker Services and Business Engagement & Services.

(Please see section I, Required and Preferred Partnerships, below for additional information.)

Bidders must demonstrate that the fourteen (14) required WIOA youth program elements will be made

available to all youth served by the proposed service models. Please see Appendix E for definitions of

these program elements. “Made available” does not mean that every youth participant must receive

all program elements; it means that youth have access to these services if they require them to meet

their goals. The 14 required program elements are:

1. Tutoring, study skills training, instruction, and evidence-based dropout prevention and

recovery strategies that lead to completion of the requirements for a secondary school

diploma or its recognized equivalent (including a recognized certificate of attendance or

similar document for individuals with disabilities) or for a recognized postsecondary

credential;

2. Alternative secondary school services, or dropout recovery services, as appropriate;

3. Paid and unpaid work experiences that have as a component academic and occupational

education; which may include summer employment opportunities and other employment

opportunities available throughout the school year, pre-apprenticeship programs, internships,

job shadowing, and on-the-job training opportunities; and that serve as a next step in career

development, whether the desired outcome is employment or enrollment in post-secondary

education or advanced training;

4. Occupational skill training, which may include priority consideration for training programs that

lead to recognized postsecondary credentials that are aligned with in-demand industry sectors

or occupations in the local area;

5. Education offered concurrently with and in the same context as workforce preparation

activities and training for a specific occupation or occupational cluster;

6. Leadership development opportunities, which may include community service and peer-

centered activities encouraging responsibility and other positive social and civic behaviors, as

appropriate;

7. Supportive services;

8. Adult mentoring for the period of participation and a subsequent period, for a total of not less

than 12 months;

9. Follow-up services for not less than 12 months after the completion of participation, as

appropriate;

10. Comprehensive guidance and counseling, which may include drug and alcohol abuse

counseling and referral, as appropriate;

11. Financial literacy education;

12. Entrepreneurial skills training;


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13. Services that provide labor market and employment information about in-demand industry

sectors or occupations available in the local area, such as career awareness, career counseling,

and career exploration services; and

14. Activities that help youth prepare for and transition to postsecondary education and training.

Note that one strategy to maximize youth access to the fourteen required WIOA program elements is

to co-enroll participants in programs such as Vocational Rehabilitation, Adult Education, and Job

Corps. By leveraging multiple youth program funding sources for needed services, including those

available from other public and private organizations, the service provider can further ensure that

youth will successfully achieve their education and skills training goals.

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 WIOA-mandated youth services or the regulations and guidelines for

registration, eligibility and enrollment, delivery of the required 14 youth program elements, training,

tracking, exits, and follow-up; and to the extent not stated in this Scope of Services, those are

incorporated by reference.

The following sections describe each of the four service models solicited under this RFP.

1. OUSD Alternative High School Model

OUSD Alternative High School Model

Target Population Youth ages 16-21 in Oakland Unified School District (OUSD) alternative high

schools and at high risk of dropout, identified through OUSD partnership, with

focus on youth with disabilities

Objective To provide additional academic, pre-employment, and supportive services that

lead youth to a high school diploma and start them on a career pathway.

Priority Partners OUSD Alternative High Schools; Career Pathways Trust II initiative

Outcomes Attainment of high school diploma; entry into and retention in post-secondary

education, training, or unsubsidized employment; measurable gains toward

post-secondary credential or employment

2. GED/HiSET Education Model

GED/HiSET Education Model

Target Population Youth ages 16-24 who are not attending any school and who do not have a high

school diploma or equivalency

Objective To provide services – addressing some or all of the 14 WIOA Youth Program

Elements – to help youth attain a high school diploma or equivalency and start

them on a career path.

Priority Partners Oakland Unified School District (OUSD) (to identify recent drop-outs, to

reconnect with alternative education); Peralta Community College District

(PCCD)

Desired Elements • Outreach strategies, including collaboration with OUSD and PCCD

• Academic remediation to ensure skills gains in reading and math

• Intensive preparation activities for the high school equivalency exam

• Supportive services to address potential challenges and barriers

• College and career framework, including counseling, goal-setting, college


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visits, career exploration, college and financial aid application assistance, and

post-secondary or career transition strategies

• Paid or unpaid work experience

Outcomes Entry into and retention in a high school equivalency program; measurable skills

gains; attainment of high school diploma or equivalent; entry into post-

secondary education or employment

3. Post-Secondary Education/Training Model

Post-Secondary Education/Training Model

Target Population Youth ages 16-24 who already have a high school diploma or equivalent, are not

attending any school, and require assistance to enroll in post-secondary

education/training

Objective To provide services to help youth apply for, enroll in, and progress through post-

secondary education or training that leads to a portable credential and starts

them on a career pathway. Services and training may be sector-specific, leading

youth to develop an understanding of and academic and technical skills needed

to secure employment within a particular high-demand industry.

Priority Partners Peralta Community College District (PCCD); other training providers; employers;

Adult Services providers

Desired Elements • College counseling and goal-setting

• College preparation activities, including college visits, college and financial aid

application assistance, assessment test preparation, and study skills training

• Navigation assistance to move from non-credit or pre-college (basic skills,

English as a Second Language) education to credit-bearing college education

• Academic, career technical, and/or integrated academic and career technical

instruction

• Bridge programs, which accelerate educational attainment for low-skilled

individuals to “bridge” them to skills training, post-secondary programs, and

career-path employment in sectors with evident demand for skilled graduates

• Use of WIOA Individual Training Accounts (ITAs) and cohort-based training

subsidies to pay for training in in-demand sectors

• Wrap-around support services to remove barriers and ensure persistence and

completion of training

• Career exploration

• Job readiness and job search training

• Work-based learning, such as paid and unpaid work experience, summer and

year-round employment, job shadowing, and on-the-job training

• Industry engagement in program design, delivery, work-based learning, and

hiring of graduates

Outcomes Entry into and retention in post-secondary education/training; measurable gains

toward post-secondary credential and/or employment; attainment of high

school diploma

Note: Youth Services contractors that deliver programs following the Post-Secondary

Education/Training model will have the option of referring eligible youth ages 18-24 for Individual

Training Accounts (ITAs). The Youth Services contractor will provide youth with information about


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training providers on the Employment Training Provider List (ETPL) to inform the choice of training.

The contractor will secure and maintain on file all necessary paperwork related to the ITAs and will

coordinate with OWIB staff to assure the strategic use of ITAs to realize the intended outcomes of the

Post-Secondary Education/Training model.

4. Youth Employment Model

Youth Employment Model

Target Population Youth ages 16-24 who are not attending any school and who require assistance

to secure employment

Objective To provide services – addressing some or all of the 14 WIOA Youth Program

Elements – to prepare and place youth in employment and start them on a

career pathway.

Desired Elements • Comprehensive assessment of employment history, interests, skills, abilities,

and experience

• Career exploration, counseling, planning, and goal-setting

• Job readiness/soft skills development

• Job search skills training, including resume and interview preparation

• Basic skills remediation and tutoring

• Work-based learning to helps youth gain skills relevant to their career

interests, including paid and unpaid internships, pre-apprenticeship, and on-

the-job training

• Use of OJTs to connect youth to employment

• Placement in employment that is the first step on a career pathway

Priority Partners PDDC; employer partners

Outcomes Entry into and retention in unsubsidized employment; measurable gains toward

employment; attainment of credential

H. Populations to Be Served

Eligibility criteria for Youth Services participation can be found in the U.S. Department of Labor’s Youth

Program Fact Sheet. Out of school youth must be between the ages of 16 and 24 and in-school youth

must be between the ages of 16 and 21 at the time of enrollment in WIOA. Please see Appendix C for

detailed definitions of youth eligibility. Note that WIOA exempts adult basic education programs from

its definition of “school” for purposes of determining “in-school” or “out-of-school” status.

WIOA and the California WDB give priority of service to several youth populations, including veterans,

individuals on public assistance, other low-income individuals, and individuals who are basic skills

deficient, including limited English speakers. In addition, the Oakland WIB has identified the following

local priority populations:

• Individuals residing in Oakland neighborhoods with the highest rates of unemployment

• Individuals re-entering the workforce from the criminal justice system

• Individuals with limited English speaking ability

OWIB Youth Services contractors will be asked to prioritize and document services to these

populations and to comply with WIOA and OWIB priority of service policies. Support requested will

include:


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a. Provide Agency analysis of the geographic areas of Oakland where youth reside that

are served and planned for service (include percentages)

b. Provide average length of services provided to an individual participant

I. Required and Recommended Partnerships

All Youth service models solicited under this RFP are enriched by collaboration, and bidders are

encouraged to secure and demonstrate extensive and meaningful partnerships that will benefit

participating youth. Youth Services providers must demonstrate and describe partnerships with, at

minimum, the Oakland Unified School District and the Peralta Community College District. Youth

Services providers will also be required to partner with OWIB’s Adult Services and Business

Engagement and Services providers. Partnerships may be for the purposes of youth outreach and

recruitment; identification of targeted, high-need youth; cross-referrals to address the comprehensive

service and training needs of youth; facilitation of enrollment in appropriate education and training;

co-location of services at accessible venues; wrap-around support services for participants in training

and other workforce services; and continuity of services and supports following exit from WIOA.

Partnerships may enable the Youth Services provider to effectively leverage resources to better serve

eligible youth, and to align with regional sector and career pathway strategies.

Youth should experience a fully-integrated, single-point-of-contact system of WIOA programs and

services. This requires high levels of coordination and team work across partners, as well as

consistently high customer services standards. Bidders are encouraged to propose collaborative

service models that demonstrate these standards.

1. Oakland Unified School District (OUSD)

The nature of each Youth Services provider’s partnership with OUSD, its schools, and its administrative

departments will depend upon the service models delivered; however, all providers must demonstrate

and describe a partnership with OUSD. Bidders are encouraged to include as an attachment to the

proposal a letter of commitment that describes collaborative services, co-location, and/or resource-

leveraging, as appropriate. For example, this partnership could include:

• Partnership with alternative high schools to identify youth at high risk of drop-out who would

benefit from additional services to support their retention, academic success, diploma

attainment, and transition to college or career;

• Partnership with OUSD district offices or targeted high schools to identify and outreach to

graduates in need of employment or other services to transition to college or career;

• Partnership with OUSD career academies in targeted sectors to identify and outreach to

graduates in need of sector-targeted employment or other services to transition to college or

career;

• Partnership with OUSD district offices to identify and outreach to youth who have recently

dropped out of school;

• Partnership with OUSD’s Office of College and Careers to share information on work

experience and employment opportunities for youth;

• Co-location of WIOA services on a school campus;

• Leveraging of resources secured by OUSD or the bidder to improve services to youth.


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2. Peralta Community College District (PCCD)

The nature of each Youth Services provider’s partnership with PCCD, its community colleges, and its

administrative departments will also depend upon the service models delivered; however, all

providers must demonstrate and describe a partnership with PCCD. Bidders are encouraged to

include as an attachment to the proposal a letter of commitment that describes collaborative services,

co-location, and/or resource-leveraging, as appropriate. For example, this partnership could include:

• Partnership with PCCD district offices or targeted colleges to identify and outreach to students

in need of employment or other workforce services;

• Partnership with PCCD district offices or targeted colleges to refer youth with interest in

career education and training;

• Partnership with PCCD and OWIB’s COSCC and Sector-Targeted Access Points to connect

youth with ITAs and cohort-based training in in-demand sectors;

• Arrangement with PCCD to provide college courses at accessible community locations or with

formats/schedules responsive to the needs of youth;

• Partnership with PCCD to design and deliver bridge programs into career technical education

programs;

• Partnership with PCCD’s Career Pathways Trust and other initiatives to identify need for WIOA

services among youth participating in career pathways;

• Partnership with PCCD’s central offices, Workforce Coordinators and CTE Counselors to share

information on work experience and employment opportunities for youth;

• Co-location of WIOA services on a community college campus;

• Leveraging of resources secured by PCCD or the bidder to improve services to youth.

3. OWIB Workforce System Partnerships

Youth Services providers will partner with OWIB’s Comprehensive One-Stop Career Center (COSCC),

Sector-Targeted Access Points, and Business Engagement & Services (BES) contractors to be identified

through this RFP process, in order to enable effective co-location and coordination of services;

leverage organizational strengths and resources; and facilitate referrals of customers to the most

appropriate services. These providers and OWIB staff will work together to create and maintain a

comprehensive system of workforce development services, with a focus on OWIB priority industry

sectors and career pathways.

WIOA mandates that the COSCC partner with the following entities, and bidders are encouraged to

propose ways in which these partnerships will be leveraged to the benefit of youth participants:

• Employment Development Department (EDD)

• Unemployment Compensation

• Veterans Workforce Programs

• Trade Adjustment Assistance (TAA)

• Job Corps

• Adult Education and Literacy

• Programs under Rehabilitation Act

• Department of Housing and Urban Development

• Native American Programs

• Title V of the Older Americans Act of 1965

• Community Development Block Grant


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• Title 1 Dislocated Worker and Youth Programs

• Small Business Development Centers

• Second Chance (newly mandated under WIOA)

• Temporary Assistance for Needy Families (newly mandated under WIOA)

Representatives of the COSCC, Access Points, Youth Services, and BES contractors will be required to

participate in mandatory bi-weekly 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.

4. Regional Partnerships

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.

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. Youth Services contractors will join OWIB in

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

connecting individuals and 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.

5. Other Recommended Partnerships

In addition to the partners listed above, the following potential partners are also recommended:

• Employment and training programs administered by Social Security Administration, Small Business

Administration, Supplemental Nutrition Assistance Program (SNAP), and other federal programs

• Programs authorized under the National and Community Service Act of 1990, such as AmeriCorps

and Senior Corps

• Industry associations

• Local CBOs, particularly those that address the needs of WIOA and OWIB priority populations.

• Targeted-sector businesses and industry associations

• Targeted-sector training and education providers

• Targeted-sector unions and labor-management education funds


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• Targeted-sector pre-apprenticeship and apprenticeship programs

• Regional targeted-sector initiatives

J. Performance Measurement and Accountability

1. Data Collecting and Reporting

Contracted Youth Services providers will be responsible for providing 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. The contractors will be required to:

• Utilize CalJOBS, an internet-based system used throughout the State of California, as the

system of record for Youth Services participant tracking.2

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

• Gather and maintain all required participant eligibility documentation, which will be subject to

ongoing local and State monitoring and verification.

• Report program participant information, including WIOA tracking and follow-up data.

• 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.

Reports generated from CalJOBS will be utilized to determine program performance by OWIB and the

State of California; therefore, knowledge of the system, accuracy and timely entry of information are

critical. OWIB will provide technical assistance and mandatory staff training on CalJOBS system input.

It will be the contractor’s responsibility to ensure on-going staff expertise and cooperation.

2. File Maintenance and Documentation

Youth Services contractors will maintain a case file for each WIOA-enrolled participant. Case files must

include all required documentation, including documentation of program eligibility, assessments,

CalJOBs printed forms and case notes, training paperwork, attendance records, follow-up printouts,

copies of verification documentation on items that count toward performance measures such as

paystubs, postsecondary and advanced training enrollment, high school diploma/GED, etc., as

appropriate. OWIB will provide technical assistance and mandatory staff training on WIOA program

eligibility, priority of service, documentation, file maintenance, and performance and financial

reporting. It will be the contractor’s responsibility to ensure on-going staff expertise and cooperation.

3. Monitoring

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

Services providers must allow OWIB staff access to all files and records relating directly to WIOA funds,

including participant case files, fiscal documents and other related records.

4. Required Performance Measures

WIOA establishes core performance measures for Youth Services. WIOA performance measures are

2 To access CalJOBS, type this address into your web browser www.caljobs.ca.gov.


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designed to measure the effectiveness and continuous improvement of the workforce service delivery

system, and the contracting agency will be required to collect and report data through CalJOBS

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. At the time of issuance of this RFP, the proposed WIOA Youth performance measures are:

• Percentage of program participants who are in post-secondary education or advanced

training/occupational skills training or who are in unsubsidized employment during the second

quarter after exit.

• Percentage of program participants who are in post-secondary education or advanced

training/occupational skills training or who are in unsubsidized employment during the fourth

quarter after exit.

• Median earnings of participants in unsubsidized employment during the second quarter after exit.

• Percentage of participants who obtain a recognized post-secondary credential, secondary school

diploma, or equivalent during participation or within one year after program exit.

• Percentage of participants who during a program year are in education that leads to a recognized

post-secondary credential or employment and who are achieving measurable gains towards those

goals.

A measure of effectiveness in serving employers (potentially including 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 services indicators.

Additionally, the OWIB develops local performance measures and will set specific targets to evaluate

Youth Services providers’ effectiveness at serving local populations. Additional data requested may

include individuals’ barriers to employment, such as English-Language-Learner and Ex-Offender status;

businesses engaged by sector; and use of training and work experience dollars by sector. Youth

Services contractors may be required to track and report on any or all of these supplemental outcome

measures.

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

Youth contractors must allow OWIB staff access to all files and records relating directly to WIOA funds,

including database records, fiscal documents and other related records.

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


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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.

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


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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:

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


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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.

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


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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

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


24

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

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


25

Contractor’s firm as well as its sub Contractors and suppliers, by completing the Ownership,

Ethnicity and Gender Questionnaire.

f) The Project Contractor Team attached and incorporated herein and made a part of this

Agreement, Exit Report and Affidavit, attached and incorporated herein and made a part of this

Agreement.

g) All affirmative action efforts of Contractors are subject to tracking by the City. This information or

data shall be used for statistical purposes only. All Contractors are required to provide data

regarding the make-up of their 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

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


26

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.

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


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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.

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.


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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 subcontractors 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

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.


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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. Client Flow Chart

The bidder is asked to create and submit as an attachment a Client Flow Chart that illustrates the

sequence of services to be received by a Youth client.

6. Performance Outcomes Form

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

attachment.

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


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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.

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.


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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/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.

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.

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.

15


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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

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

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:

20


33

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

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 and proposed outcomes

at a reasonable cost per customer served and per proposed outcome. Costs and proposed

outcomes 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

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).


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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

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.


35

5. A sample City grant agreement is included in the RFP referenced as Attachment A “Sample

Agreement”. The selected contractor will be required to enter into a contract that contains similar

terms and conditions as in the standard agreement. Please note that the City Attorney’s Office is

typically not inclined to make any modifications to the standard agreement terms and provisions.

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

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.

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 Form

6. Past/Current Contracts Form

7. Schedule E - Project Consultant Team

8. Schedule O - Campaign Contribution Limits

C. Youth Eligibility Criteria

D. Summary of WIOA Youth Program Design Requirements and Definitions

E. Definition of Required WIOA Youth Program Elements

F. OWIB Training Services – Policies and Procedures

G. Sample City of Oakland Grant Agreement

H. Sample Quarterly Program Report

I. Stand-Alone Schedules Required Before Full Contract Execution

1. Schedule E-2 – Oakland Workforce Verification

2. Schedule Q – Insurance Requirements

J. 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 Form (for bidder and each subcontractor)

� Budget Narrative

� Documentation of Committed Cash Match

� Past/Current Contracts Form

� Schedule E – Project Consultant Form

� Resumes/Job Descriptions

� Organizational Chart

� Letters of Commitment/Memoranda of Understanding

� Schedule O – Campaign Contribution Limits

� Acknowledgement of Addenda (if applicable)


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

Element

Check if your

agency is

directly

providing this

element.

If your agency is NOT directly

providing this element,

identify who you will be

partnering with to provide

this required element.

Check if

formal

linkage

agreement

is in place.

1. Tutoring, study skills training, and evidence based

dropout prevention strategies that lead to completion of

secondary school diploma or its recognized equivalent or

for a recognized postsecondary credential.

2. Alternative secondary school offerings.

3. Summer employment opportunities directly linked to

academic and occupational learning.

4. Paid and unpaid work experiences, including summer

employment opportunities, internships, pre-

apprenticeship programs, job shadowing and on the job

training opportunities.

5. Occupational skill training; which shall include priority

consideration for training programs that lead to

recognized postsecondary credentials that are aligned

with in demand industry sectors or occupations.

6. Leadership development opportunities, which may

include such activities as positive social behavior and soft

skills, decision making, team work, and other activities.

7. Supportive services.

8. Adult mentoring for a duration of at least twelve (12)

months, that may occur both during and after program

participation.

9. Follow-up services for a minimum 12-month period.

10. Comprehensive guidance and counseling, including drug

and alcohol abuse counseling, mental health counseling,

as well as referrals to counseling, as appropriate to the

needs of the individual youth.

11. Financial literacy education

12. Entrepreneurial skills training

13. Services that provide labor market and employment

information about in-demand industry sectors and

occupations

14. Activities that help youth prepare for and transition to

post-secondary education and training.


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 clients served.


42

Appendix B-5: Program Budget Form

YOUTH SERVICES: PROGRAM BUDGET TEMPLATE

Date Submitted: Date Received:

APPLICANT INFORMATION

Organization Name: Federal Tax ID Number:

Type of Business:

Administrative Address: City: Zip:

Service Address: City: Zip:

Executive Director/CEO/President: Phone: Email:

Fiscal Contact: Phone: Email:

Program Contact: Phone: Email:

SERVICE DELIVERY INFORMATION

Amount Requested: Service Model Type:

Total Number of In-School Youth Participants to Serve: Cost per In-School Participant:

Total Number of Out-of-School Participants to Serve: Cost per Out-of-School Participant:

Target Population:

Geographic Areas to Serve:

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

%

Allocated

to In-

School

% Allocated

to

Out-of-

School

Staff Wages

Staff Fringe

Duplicating/Copying

Equipment

Space Costs

Postage

Materials and Supplies

Telephone/Internet/Comm

Travel/Transportation

Staff Training Work-based Learning/Work Experience

(20% of funds requested must be allocated to

WBL/WE)

Supportive Services

Other (please identify)

TOTAL $0 $0 $0 0% 0% 0%


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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

%

Allocated

to In-

School

% Allocated

to

Out-of-

School

Staff Wages

Staff Fringe

Insurance

Outside Audit

Duplicating/Copying

Equipment

Space Costs

Postage




Staff Training


TOTAL $0 $0 $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

%

Allocated

to In-

School

% Allocated

to

Out-of-

School

Staff Wages

Staff Fringe

Duplicating/Copying

Equipment

Space Costs

Postage




Staff Training


TOTAL $0 $0 $0 0% 0% 0%


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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.


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Appendix B-6: Past/Current Contracts Form

Include funder, amount, dates, outcomes obtained, cost per actual participant, contact for

reference


46

Appendix B-7: Schedule E – Project Consultant Form


47

Appendix B-8: Schedule O – Campaign Contribution Limits


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Appendix C: Youth Eligibility Criteria

In order to be eligible for any WIOA Youth Services the following parameters must be met:

Out-of-School Youth

I. Not attending any school (as defined under State law); and

II. Not younger than age 16 or older than age 24; and

III. One or more of the following:

a. A school dropout;

b. A youth who is within the age of compulsory school attendance, but has not attended

school for at least the most recent complete school year calendar quarter;

c. A recipient of a secondary school diploma or its recognized equivalent who is a low-

income individual and is:

i. Basic skills deficient or a youth who is unable to compute or solve problems, or

read, write, or speak English at a level necessary to function on the job, in the

individual's family, or in society; or

ii. An English language learner;

d. An individual subject to the juvenile or adult justice system;

e. A homeless individual, a homeless child or youth, a runaway, in foster care or has aged

out of the foster care system, a child eligible for assistance under section 477 of the

Social Security Act (42 U.S.C. 677), or in an out-of-home placement;

f. An individual who is pregnant or parenting;

g. A youth who is an individual with a disability;

h. A low-income individual who requires additional assistance to enter or complete an

educational program or to secure or hold employment. The individual must have one (1)

of the following barriers:

i. Fired / Terminated;

ii. At risk of drop out (letter from school official);

iii. No employment history (supported by applicant statement or UI wage data);

iv. Behavioral problems at school;

v. Substance Abuse;

vi. Lacks occupational goals/skills;

vii. Incarcerated parent(s); or

viii. Domestic violence

IV. All males who are at least 18 years old, born after December 31, 1959, and who are not in the

armed services on active duty, must be registered with the Selective Service System. Refer to

Selective Service System website for more details, www.sss.gov; N/A for females; males turning

18 during enrollment in the Youth program must register after their 18th birthday to remain

eligible for WIOA Youth services.

Note that WIOA exempts adult basic education programs from its definition of “school” for purposes of

determining “in-school” or “out-of-school” status.

In-School Youth

I. Attending school (as defined by State law); and

II. Not younger than age 16 or (unless an individual with a disability who is attending school

under State law) older than age 21; and

III. A low-income individual (includes free/reduced lunch and living in high poverty area); and


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IV. One or more of the following:

a. Basic skills deficient or a youth who is unable to compute or solve problems, or read,

write, or speak English at a level necessary to function on the job, in the individual's

family, or in society; or

b. An English language learner;

c. An offender;

d. A homeless individual, a homeless child or youth, a runaway, in foster care or has aged

out of the foster care system, a child eligible for assistance under section 477 of the

Social Security Act (42 U.S.C. 677), or in an out-of-home placement;

e. An individual who is pregnant or parenting;

f. A youth who is an individual with a disability;

g. A low-income individual who require additional assistance to enter or complete an

educational program or to secure or hold employment. This barrier requires OWIB

approval and the individual must have one (1) of the following barriers:

i. Fired / Terminated;

ii. At risk of drop out (letter from school official);

iii. No employment history (supported by applicant statement or UI wage data);

iv. Behavioral problems at school;

v. Substance Abuse;

vi. Lacks occupational goals/skills;

vii. Incarcerated parent(s); or

viii. Domestic violence

V. All males who are at least 18 years old, born after December 31, 1959, and who are not in

the armed services on active duty, must be registered with the Selective Service System.

(DWD Issuance 13-99, page 13). Refer to Selective Service System website for more details,

www.sss.gov; N/A for females; males turning 18 during enrollment in the Youth program

must register after their 18th birthday to remain eligible for WIOA Youth services.

Eligibility Exceptions

Up to five percent (5%) of youth served region-wide may be individuals who do not meet the minimum

income criteria. To be considered eligible, such individuals must be approved by the OWIB prior to

registration in the Youth Program.

For more information, please refer to the U.S. Department of Labor Employment and Training

Administration’s Training and Employment Guidance Letter WIOA No. 23-14, Operating Guidance for the

Workforce Innovation and Opportunity Act, Youth Program Transition.


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Appendix D: Summary of WIOA Youth Program Design Requirements

Program services for eligible youth must include:

1. Objective Assessment which will provide assessment of the academic level, skill levels, and

service needs of each participant, which shall include a review of basic skills, occupational skills,

prior work experience, employability, interests, aptitudes, supportive service needs, and

development needs of such participant;

2. Development of individual service strategies and goals directly linked to one or more of the

performance indicators. The ISS shall identify career pathways that include education and

employment goals, appropriate achievement objectives, and appropriate services for the

participant taking into account the objective assessment conducted;

3. Activities leading to attainment of a secondary school diploma or its recognized equivalent, or a

recognized postsecondary credential;

4. Preparation for postsecondary educational and training opportunities;

5. Strong linkages between academic instruction (based on State academic content and student

academic achievement standards established under section 1111 of the Elementary and

Secondary Education Act of 1965 (20 U.S.C. 6311));

6. Occupational education that leads to the attainment of recognized postsecondary credentials;

7. Preparation for unsubsidized employment opportunities, in appropriate cases; and

8. Effective connections to employers, including small employers, in in-demand industry sectors

and occupations of the local and regional labor markets.

Other Requirements

1. Information and Referrals: Service providers shall ensure that each eligible youth applicant shall

be provided:

o Information on the full array of applicable or appropriate services that are available

through the OWIB or other eligible providers or one-stop partners, including those

providers or partners receiving funds under this subtitle; and

o Referral to appropriate training and education programs that have the capacity to serve

the participant either on a sequential or concurrent basis.

2. Applicants not meeting enrollment requirements: Each eligible provider of a program of youth

workforce investment activities shall ensure that an eligible applicant who does not meet the

enrollment requirements of the particular program, or who cannot be served, shall be referred

for further assessment, as necessary, and referred to a program appropriate to meeting the

basic skills and training needs of the applicant.

3. Involvement in design and implementation: The service provider shall ensure that parents,

participants, and other members of the community with experience relating to programs for

youth are involved in the design and implementation of the youth program design

requirements.

4. Noninterference and non-replacement of regular academic requirements: No funds shall be

used to provide an activity for eligible youth who are not school dropouts if participation in the

activity would interfere with or replace the regular academic requirements of the youth.

5. Linkages: Service Provider shall establish linkages with local educational agencies responsible for

services to participants as appropriate.

6. Volunteers: The service provider shall make opportunities available for individuals who have

successfully participated in programs carried out under this section to volunteer assistance to

youth participants in the form of mentoring, tutoring, and other activities.


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Appendix E: Definition of Required WIOA Youth Service Elements

• Tutoring and Study Skills Training: Includes instruction and evidence-based dropout prevention

and recovery strategies that lead to completion of HS diploma or equivalent (including a

recognized certificate of attendance or similar document for youth with disabilities) or

preparation for post-secondary credentials.

• Alternative Secondary School Services: Educational opportunities in institutions or settings that

differ from traditional secondary school education but still provide a secondary school diploma

or its equivalent. These may include, but are not limited to, private schools, Adult Education and

Literacy, home school, and institutional learning programs. Includes referral to formal

alternative education programs or formal dropout recovery services, as appropriate.

• Work Experience: Work Experiences (Wes) are planned, structured, learning experiences that

take place in a workplace for a limited period of time. They may be paid or unpaid and may

occur in for-profit, non-profit or public sectors. As with all workplace relationships, labor

standards and laws apply. WEs provide youth with an opportunity to explore careers and

develop skills. WEs must include a combination of academic and occupational education

components. WEs include the following types of experiences:

o Summer Youth Employment: Subsidized or unsubsidized employment for youth during

the months of May through September. Such employment may be either full time or

part time, in the public or private sector and may last for all or a part of the summer

months. An academic and occupational education component must be included.

o Pre-Apprenticeship: A program, or set of strategies, designed to prepare individuals to

enter and succeed in a Registered Apprenticeship program. These programs have a

documented partnership with at least one Registered Apprenticeship program sponsor,

and together, they expand the participant's career pathway opportunities with industry-

based training coupled with classroom instruction.

o Internships & Job Shadowing: Activities that provide youth the opportunity to explore

an occupation or work environment and may include activities that allow youth to gain

employment and occupational skill competencies.

o On-the-Job Training: Training provided by an employer to a paid participant who is

engaged in productive work from which she/he gains the knowledge and skills essential

to the full performance of the job and for which the employer is provided a

reimbursement of up to 50% of the participant wage and for which the employer makes

a commitment to hire the individual.

• Occupational Skill Training: An organized program of study that provides specific vocational

skills that lead to proficiency in performing actual tasks and technical functions required of

certain occupational fields at the entry, intermediate and advanced skill levels. Priority must be

given for training that leads to recognized post-secondary credentials that are in in-demand

industry sectors or occupations in the local area.

• Education for Workplace Preparation: Education offered concurrently with and in the same

context as workforce preparation activities and training for a specific occupation or occupational

cluster; refers to the integrated education and training model in which required education and

training occur concurrently and contextually with workforce preparation activities and

workforce training. Such a program element must describe how workforce preparation

activities, basic academic skills, and hands-on occupational skills are to be taught within the

same time frame and connected to training in a specific occupation, occupational cluster, or

career pathway.


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• Leadership Development: Services intended to develop the potential of Youth as citizens and

leaders. Programs will be structured to provide youth with opportunities that encourage

responsibility, confidence, employability, self-determination and other positive social behaviors,

such as: a) exposure to post-secondary educational possibilities, b) community and service-

learning projects, c) peer-centered activities, including peer mentoring or peer tutoring, d)

organizational and team work training, including team leadership training, e) training in

decision-making, including prioritization and problem solving, f) citizenship training, including

life skills such as parenting and work behavior training, g) civic engagement activities which

promote the quality of life in a community, and h) activities that place the youth in a leadership

role such as serving on a youth leadership committee or a Standing Youth Committee.

• Supportive Services: Services for youth that are designed to enable them to participate in WIOA

activities and may include: linkage to community services; referrals to health care; and cost

assistance with: transportation, childcare, housing, uniforms, work attire, work-related tools,

protective gear, educational testing, and reasonable accommodations for youth with disabilities.

Local program operators are encouraged to develop a network of existing Supportive Services to

assist as needed. These may include clothing, temporary shelter, family planning services, legal

aid, emergency food, and heating and cooling assistance.

• Adult Mentoring: Formal, in-person relationship between a youth participant and an adult

mentor that includes structured activities where the mentor offers guidance, support, and

encouragement to develop the competence and character of the mentee. The activity must last

for a period of at least 12 months and must be with an adult mentor other than the assigned

youth case manager. Adult mentoring may include workplace mentoring where the local

program matches a youth participant with an employer or employee of a company who acts as a

mentor.

• Follow-up Services: critical services that must be provided for at least a 12 month period

following the youth’s exit from the program and are designed to help ensure that the youth is

successful in employment or postsecondary education/training. Follow-up services may include:

leadership activities, regular contact with the youth’s employer to help address work-related

issues, assistance with career pathway development or in securing a better paying job,

assistance with further education or training and participation in work-related peer support

groups, adult mentoring or other services determined appropriate based on the needs of the

participant. Follow-up must include more than only an attempted contact and must be

documented in order to receive a performance outcome.

• Comprehensive Guidance and Counseling: Services individualized to the participant which may

include career and academic counseling, drug and alcohol abuse counseling, mental health

counseling, and referral to partner programs for which the youth counselor has coordinated the

youth referral with the partner agency on behalf of the individual youth.

• Financial Literacy Education: Education or activities that: assist youth to initiate checking and

savings accounts at banks and to make informed financial decisions; supports youth learning

how to manage spending, credit, and debt, including student loans, consumer credit, and credit

cards; teaches the significance of credit reports, credit scores, and rights regarding credit and

financial information; teaches how to assure accuracy of a credit report, how to correct

inaccuracies, and how to maintain or improve good credit; supports a participant’s ability to

understand, evaluate, and compare financial products and services; informs participants about

identity theft, their rights in regard to it, and ways they can protect themselves from it; and

supports the financial literacy needs of non-English speakers through use of multilingual

financial literacy and education materials.


53

• Entrepreneurial Skills Training: Training that provides the basics of starting and operating a

small business and must develop the skills associated with entrepreneurship, such as: taking

initiative, creatively seeking out and identifying business opportunities, developing budgets and

forecasting resource needs, understanding various options for acquiring capital and the trade-

offs associated with each option, and how to communicate effectively and market oneself and

one’s ideas. Approaches to teaching youth these skills may include: educational programs that

introduce youth to the basics of starting and running a business; enterprise development

supports and services that incubate and help the youth develop their own business through

access to small loans or grants, or that provide individualized assistance in development of

viable business ideas; and experiential programs in which youth get experience in the day-to-

day operation of a business.

• Labor Market Information: Services that provide information to youth about jobs and industry

sectors that are in demand in the local labor market; that may include career awareness and

exploration activities and career counseling.

• Transition to Postsecondary Education: Activities to prepare youth to transition to post-

secondary education; may include information about and preparation for college entrance

including information about applying to colleges, financial aid, entrance testing, student life, and

pre-requisite courses.


54

Appendix F: 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:


55

• 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


56

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.


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• 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


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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:


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• 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


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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


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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


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Appendix G: 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:


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• 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


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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. 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


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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 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.


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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


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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.


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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


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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


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(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).


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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


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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


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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)


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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


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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.


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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


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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


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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:


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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.


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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]


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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: _________________________________


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WIA GRANT AGREEMENT

EXHIBIT A

SCOPE OF WORK

(attached)


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WIA GRANT AGREEMENT

EXHIBIT B

BUDGET

(attached)


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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,


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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.


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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


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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.


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WIA GRANT AGREEMENT

EXHIBIT D

PAYMENT REQUEST FORM

(attached)

END OF GRANT AGREEMENT SAMPLE


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Appendix H: Sample Quarterly Program Report

Lead Agency:

Program Title:

Reporting Period:

In-School Youth

Out-of-School

Youth Total

Enrollment Goal 7/1/2015-6/30/2016

Carryover from PY 2014-15

Previously enrolled reported for this program year

New clients enrolled during this reporting period

Total enrolled Y-T-D

Completion of pre-emp/soft skills training

Completion of work experience

Y-T-D Exits from the Program

Y-T-D Entered Employment or Education

Y-T-D Attained Degree or Certificate

Y-T-D Literacy & Numeracy Gains (OSY)

Y-T-D Average Earnings

1) Describe accomplishment towards program goals and objectives achieved during the reporting period.


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2) Describe any program challenges or problems (particularly related to program performance) encountered during the

reporting period and how the agency plans to address them.

3) Describe any successes and highlights during the reporting period.

4) Please list any major fiscal, staffing and/or administrative changes during the reporting period.

5) Please describe any training or technical assistance needs.


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Appendix I: 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


92


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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.


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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


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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


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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


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Appendix J: 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/policie

s/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/Forms

Schedules/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.


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(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 Schedule3” and must be submitted with proposal.

3 Stand Alone Schedule is not part of the “Combined Schedule”.


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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) – 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


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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



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.


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(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.


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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.



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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”.


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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.

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