REQUEST FOR PROPOSALS · a. Expand ‘soft’ skills training beyond resume preparation and job...

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Deanna Santana, City Administrator

REQUEST FOR PROPOSALS

(RFP)

FOR

WORKFORCE INVESTMENT ACT (WIA) TITLE 1 of 1998

FISCAL YEARS 2013-2015

EMPLOYER SERVICES

RFP 4048

OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT/WORKFORCE INVESTMENT BOARD

250 Frank Ogawa Plaza 3rd Floor, Suite 3315

Oakland, CA 94612

October 2012

REQUEST FOR PROPOSAL (RFP #4048) – WIA Employer Services

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TABLE OF CONTENTS

SECTIONS PAGE NUMBERS

SECTION I. INTRODUCTION 4

SECTION II: BACKGROUND 14

SECTION III: SCOPE OF SERVICES 18

SECTION IV: EVALUATION OF PROPOSAL AND CRITERIA 20

SECTION V: PROPOSAL 22

A. GENERAL INFORMATION 22

B. SUBMITTAL & FORMATTING REQUIREMENTS 31

C. REQUIRED PROPOSAL ELEMENTS & FORMAT 31

D. REJECTION OF PROPOSAL ELEMENTS 41

E. INTERVEWS OF SHORT-LISTED FIRMS 41

F. CONTRACT NEGOTIATIONS AND AWARDS 43

SECTION VI: ATTACHMENTS 44

A. SAMPLE PROFESSIONAL SERVICES AGREEMENT 45

B. SCHEDULES (REQUIRED WITH SUBMISSION) 75

1) SCHEDULE E – PROJECT CONSULTANT TEAM 76

2) SCHEDULE O – CAMPAIGN CONTRIBUTION LIMITS 77

C. PROPOSAL COVER PAGE (ATTACHMENT 2) 78

D. BUDGET FORM (ATTACHMENT E-1) 79

E. BIDDER MANDATORY ATTACHMENT CHECKLIST 81 (ATTACHMENT F)

F. DRAFT BIDDER EVALUATION SCORE SHEET (ATTACHMENT G) 82

The following standard schedules will be collected from the successful proposer prior to full contract execution and may be viewed at: http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm or at 250 Frank H. Ogawa Plaza Suite 3341, Oakland, CA Contracts and Compliance Division. Also request a copy by email [email protected]


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• Combined Schedules C-1, P, U, V Declaration of Compliance with Americans with Disabilities Act Nuclear Free Zone Disclosure Compliance Commitment Agreement Affidavit of Non-Disciplinary or Investigatory Action

• Single Schedules Schedule B-2 – Arizona Resolution Declaration of Compliance Schedule D - Ownership, Ethnicity and Gender of Prime and Employees Schedule K – Pending Dispute Disclosure Schedule M - Independent Consultant Questionnaire, Part A Schedule N - Declaration of Compliance - Living Wage Ordinance Schedule N-1 Equal Benefits Declaration of Non-Discrimination

Schedule Q - Insurance Requirement


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SECTION I. INTRODUCTION________________________________

This Request for Proposals (RFP) is being issued by the City of Oakland, Office of Economic and Workforce Development/Workforce Investment Board.

Pre-proposal MANDATORY (Bidder’s) Conference Date and Time: Wednesday, October 31, 2012 at 2:00PM, Broadway Conference Room, 250 Frank H. Ogawa Plaza, 4th Floor, Oakland, CA 94612. PLEASE NOTE: Failure to attend a mandatory pre-proposal meeting will render a proposer non-responsive and the proposal will be rejected. Due Date and Time: Thursday, December 6, 2012 at 2:00 PM Deliver To: Office of the City Administrator, Contracts and Compliance Division, 250 Frank Ogawa Plaza 3rd Floor, Suite 3341, Oakland, CA 94612 Phone: (510) 238-3190 Proposals Must Be Received and Time Stamped by Contracts and Compliance Staff No Later Than - 2:00 P.M. Deadline for Questions: 4:00 PM, November 21, 2012 by email to the Oakland WIB Executive Director, John R. Bailey and/or Al Auletta, Program Manager, [email protected]. Answers to questions regarding the RFP will be posted on the City of Oakland’s website for the Workforce Investment Board, www.oaklandwib.com. Do not contact staff directly. No questions will be answered by phone or in person. The Contractor shall be required to comply with all applicable City programs and policies. Details are presented in the project documents and will be discussed at the pre-

proposal meeting i.e. ♦Equal Benefits ♦ Living Wage ♦Campaign Contribution

♦Post-project Contractor Evaluation ♦Prompt Payment ♦Arizona Boycott ♦ 50%

L/SLBE (not applicable but participation is strongly encouraged) ♦ Dispute Disclosure. In addition, descriptions and policies are available online at (http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/policies/index.htm) Contractors that wish to participate in the RFP process are required to register in iSupplier. Free copies of the RFP documents and Addenda are available in iSupplier. Hard copies will NOT be available for purchase from the City. Consult the City website for the Plan Holder list. 1. iSupplier Registration/Login:

http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/index.htm 2. iSupplier Plan Holders List:

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


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

1. Executive Director, John R. Bailey and Program Manager, Al Auletta [email protected]

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

Preface The Oakland Workforce Investment Board (WIB) has been engaged in a strategic planning process leading up to the announcement of the release of the Request for Proposals for WIA Adult and Youth Services, and One Stop Career Center Operations. This process has resulted in a number of policy and service delivery options for the WIB’s consideration.

A. Strategic Plan The Strategic Plan 2012-2014 outlines five specific strategies for the WIB to achieve excellence in its service delivery and system performance. They are:

1. Responsible and effective management of public resources.

2. Administration of a high-performing WIA-mandated workforce development

system effectively responding to the needs of job seekers and employers.

3. Support youth becoming career and college ready through an integrated and

coordinated youth-serving infrastructure.

4. Implementation of a sector strategies approach to move trained workers into

pipelines to growing industries.

5. Provide leadership to catalyze increased impact and innovation in Oakland’s

human talent development system.

The WIB has used a multi-pronged approach to implement these strategies.

1. Update WIB policies to improve system oversight, support the development of

sector strategies, identify resources and resource allocation to improve the

service delivery system and create a ‘dashboard’ for analyzing outcomes and

improving results and implementing a ‘continuous improvement’ model for

service delivery.

2. Re-configure the WIB’s committees in order to more effectively and efficiently

address these strategies.

3. Engage the community through outreach meetings to determine service delivery

needs and access to services, particularly for disadvantaged communities.


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B. Community Outreach Meetings to Inform the RFP Process The community outreach meetings yielded several key themes:

1. Increased system-level planning to attract businesses, strengthen the school-to-

career pipeline and utilize ‘best practices’ to promote a thriving workforce and

reduce joblessness.

a. Expand employment opportunities through business development and

planning

b. Institute a data-driven approach for long-term planning for promising employment sectors to develop training and placements.

c. Replicate strategies (‘best practices’) which have proved successful to reduce joblessness.

d. Increase partnerships between Oakland Unified School District and WIA service providers to improve student outcomes and linkages to the career academies.

2. Incorporate comprehensive skills assessments and expand ‘soft’ skills training

and job placement to improve the prospects for successful employment and

advancement.

a. Expand ‘soft’ skills training beyond resume preparation and job readiness so that job seekers will have the capacity to remain employed with career advancement.

b. More directly link training with employment so that the skills acquired match the available jobs in the local labor market.

3. Need for additional comprehensive wrap-around services to eliminate barriers to

employment and job tenure.

4. Greater accountability for meeting performance goals.

C. WIB Policies Through its System Leadership Committee, the Oakland WIB has been updating its policies as mandated by the State and also to reflect the direction outlined in its Strategic Plan. These include a Supportive Services Policy (Directive No.12-002), Training Services Policies and Procedures (Directive No. 12-001) and Priority of Services Policies and Procedures (Directive No.12-003). These directives are designed to align the best and highest use of financial and organizational resources in order to implement Senate Bill 734 with the goals of the WIB’s Strategic Plan to enhance services and improve outcomes for adults and youth through effective training and job preparation for the region’s growing sectors. The


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passage of SB734 mandates that, beginning in Program Year 2012, an amount equal to at least 25 percent of funds available under Title 1 of the federal Workforce Investment Act of 1998 provided to local workforce investment boards shall be spent on workforce training programs.1 The WIB has also approved the use of a Resource Allocation Model for the creation of a “Dashboard” to identify all appropriate resources to provide pre-employment, training and placement services as well as to guide WIA participants toward self-sufficiency. This “Dashboard” will be used to determine the highest and best use of all available workforce development resources, evaluate performance outcomes, and set local performance goals for the WIB’s service delivery.

a. What will be different?

1. Sector Strategies

Our Strategic Plan calls for a focus on targeting workforce development

investments toward career pathway training and jobs with sustainable incomes.

However, the sector strategies approach outlined in our Strategic Plan and

adopted by the Oakland WIB does not imply that the WIB will shift all of its

WIA Adult and Dislocated Workers Programs’ workforce development

resources toward this approach. It does mean, however, that a specific

percentage of the job placements through this RFP will be linked to growth

sectors in Oakland’s economy.2 The percentage of job placements expected to

be within these growth sectors are as follows:

• Year 1: 15%

• Year 2: 25%

• Year 3: 50%

2. Focus on Placements that move people to self-sufficiency.

Simply placing an individual in a low-wage job is no longer adequate. Research data show that earnings of disadvantaged populations increase through participation in sector-focused training.3 Success will be measured by the extent to which clients move toward self-sufficiency, using the Self-Sufficiency Calculator4 to plan strategies with clients and to measure success. This also

1 California SB734 indicates that the 25 percent minimum may be met either by spending 25 percent of those base formula funds on training or by combining a portion of those base formula funds with leveraged funds as specified in the legislation. (See SB734, Chapter 498, Section 14211). 2 The Oakland Workforce Investment Board Strategic Plan 2012-2014 lists key industry sectors for Oakland’s

economy that OWIB consider focusing its services. These are: healthcare and social assistance; trade, transportation and utilities; manufacturing; and retail. Other growth sectors include: building trades and construction; digital arts and media; administration; information technology, education and ‘green’ jobs. 3 Sheila Maguire, Joshua Freely, Carol Clymer, Maureen Conway and Deena Schwartz. Tuning In to Local Labor

Markets: Findings from the Sectoral Employment Impact Study. Public/Private Ventures. 2010. 4See The Self-Sufficiency Standard for California 2011 Methodology Index, Diana M. Pearce, Ph.D., Center for Women’s Welfare, University of Washington School of Social Work, Prepared for the Insight Center for


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implies more strategic use of all training resources, regardless of funding source.

3. A Partnership to Deliver Workforce Development Services to the

Oakland Community.

Being a successful Oakland WIB contractor and WIA service provider goes beyond meeting basic contract performance goals. OWIB aims to partner with its contractor to mutually support the delivery of services and the OWIB’s strategic plan. For this to occur, OWIB seeks organizations that will go beyond minimum contractual obligations and demonstrate leadership, creativity, flexibility and skillful communication.

4. Capacity Building Workshops for Service Providers

In order to support the new direction in service delivery for the Oakland workforce investment system, it is mandatory that all providers receiving contracts through this RFP send appropriate level staff to attend capacity building workshops sponsored by the Oakland WIB to ensure that the agencies will be effective in meeting the contract goals. Failure to attend the workshops will be reflected in the service provider’s performance evaluation for contract performance.

5. Optimize training resources.

The Oakland WIB seeks to more carefully align workforce development resources to assure that the maximum number of people successfully enter and complete training in high demand occupations. The WIB adopted a model to guide resource allocation to serve Oakland employers and residents, particularly those members of vulnerable populations, and develop sustainable jobs, wages and career pathways. Components of this model include:

• Pre-Employment Services: Services for, but not limited to, vulnerable

populations (i.e., low-income, long-term unemployed, non-English

speakers, youth, and formerly incarcerated adults and youth; Self-

Sufficiency Calculator to assist those needing to establish financial

benchmarks to achieve self-sufficiency

• Direct Employment: Entry-level jobs, micro-enterprises, small business

development and the Mayor’s Summer Jobs Program

• Sector Training: Entry-level and some incumbent worker training based on

sectors identified by the WIB and Office of Economic and Workforce

Development as the City’s leading and promising sectors with identifiable

career pathways

• Advanced Sector Training and Employer Services: Incumbent worker

training and targeted business services for employers to improve workforce

Community Economic Development, October 2011 for a description of the Self-Sufficiency Standard for California.


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access to advanced training and employment gains, and job retention and

expansion

Each of these components includes a review of available WIA and non-WIA resources as critical to providing services that support the implementation of a sector strategies model and services to improve access to employment leading to self-sufficiency. This model supports the implementation of the best and highest use of all available resources and the identification of ‘best practices’ in pursuit of these goals. This Resource Allocation Model will also be used as a “Dashboard” for the WIB to evaluate its performance in each of these aforementioned components.

In addition, in order to more effectively serve the system’s job seekers, the State of California is finalizing their decision to recommend each local area to adopt a service integration model which the WIB will be reviewing in the coming year.

PURPOSE OF REQUEST FOR PROPOSALS (RFP)

The purpose of this RFP (#4048) is to procure a qualified provider to enter into a three (3) year contract with the City for the Oakland WIB’s Employer Services. The selected provider will work in close cooperation with City staff for the implementation and delivery of services. There are 4 (four) separate Requests for Proposals (RFPs) for WIA Services for Fiscal Years 2013-2015: RFP #4046 – Youth Services – Year Round RFP #4047 – Neighborhood One Stop Career Centers RFP #4048 – Employer Services RFP #4049 – Comprehensive One Stop Career Center PROSPECTIVE BIDDERS FOR RFP #4048 (EMPLOYER SERVICES) CAN ALSO BID ON RFP #4047 (NEIGHBORHOOD ONE STOP CAREER CENTERS), #4046 (YOUTH SERVICES – YEAR ROUND), AND #4049 (COMPREHENSIVE ONE STOP CAREER CENTER), BUT MUST SUBMIT SEPARATE PROPOSALS FOR EACH RFP. FAILURE TO DO SO WILL DISQUALIFY THE PROPOSAL FROM CONSIDERATION. Through this RFP, the Oakland Workforce Investment Board is seeking proposals for innovative, cost-efficient, and effective approaches to the Employer Services function that will support the guiding principles identified below and achieve the major work components outlined below. It is expected that the successful bidder will work in close partnership with the Oakland WIB to provide guidance and leadership to Oakland’s workforce development system to achieve the following outcomes:


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• Deliver a high- quality, consistent set of services to jobseeker and employer

customers across sites

• Ensure a mix of services that allow the system to serve a diverse customer base

• Coordinate services and funding to support customer access to and success in

industry-recognized certificate training, pre-apprenticeship and apprenticeship

training, and in post-secondary education

• Support customer progress toward self-sufficiency using the Self-Sufficiency

Calculator

• Promote industry sectors and employer-driven strategies

• Maintain and consistently improve the integration of services and service

providers within the Oakland workforce development system

• Ensure high levels of accountability (including the entry of required data into

the Virtual One Stop (VOS) system, cost efficiency, and creativity to maximize

resources and customer satisfaction

• Meet or exceed Federal common measures and state/local system performance

goals

• Ensure policy implementation and on-going compliance

FUNDING AVAILABLE AND PERFORMANCE PERIOD

Contingent upon the annual WIA Title I Adult, Dislocated Worker, and Rapid Response funding allocations, the Oakland WIB is projecting to allocate approximately $175,000-225,000.00 in WIA PY 2013-2014 for One (1) Employer Services contract. The contract will be for three (3) years beginning July 1, 2013 through June 30, 2016. ELIGIBLE APPLICANTS

All public and private non-profit organizations, local agencies, 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 may submit a proposal for funding. Minority- and women-owned and operated businesses are encouraged to submit a proposal. A copy of the respondent’s tax exempt status certification [501(c)(3)] from the Federal Internal Revenue Service or non-profit certification [23701(d)] from the California Franchise Tax Board status, as well as certificates of good corporate standing, will be required (if applicable). Individuals are not eligible to apply.

1. Management Capacity

Respondents must be able to demonstrate the management and financial capability needed to effectively and efficiently deliver the program proposed. Management capability includes the following: a. Ability to manage the delivery system effectively and efficiently

b. Conduct self monitoring for contract and regulatory compliance

c. Achieve contract objectives


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d. Provide quality service delivery

e. Keep appropriate records in an auditable manner

f. Meet/exceed state performance standards set forth by the Employment

Development Department (EDD)

2. Financial Capability

Respondents are expected to have the ability to manage and track multiple funding streams and to have the mechanisms in place so they can quickly react to changes in fund availability. Financial capability includes the ability to maintain fiscal controls, accounting procedures, and financial reporting in accordance with Generally Accepted Accounting Principles (GAAP) and requirements established by the City. Agencies must demonstrate sound financial practices.

All applicants are advised that separate accounting records must be kept for the contract to ensure accurate and appropriate reporting of contract expenditures, and costs must be tracked in sufficient detail to determine compliance with contract requirements and ensure funds have not been unlawfully spent. All accounting records must be made available for review upon request for examination, audit, or for the making of excerpts, or copies of such records for the purpose of determining compliance with all applicable rules and regulations, and the provisions of the contracts.

COMPETITIVE PROCUREMENT AND CONFLICT OF INTEREST

A competitive procurement process assures that there are no presumptive deliverers of services. The City is encouraging the participation of both public and private organizations that may or may not be part of the currently funded workforce investment system. We are interested in supporting new concepts for the delivery of WIA services, including innovative partnerships (See Section II: Background). Collaborations and partnerships with formalized agreements delineating roles and responsibilities are strongly encouraged. A technical assistance conference will be held Wednesday, October 31, 2012, 2pm to review the RFP and program requirements. IT IS MANDATORY THAT ALL POTENTIAL PROPOSERS ATTEND THE TECHNICAL ASSISTANCE CONFERENCE. FAILURE TO ATTEND WILL DISQUALIFY THE PROPOSAL FROM CONSIDERATION. No public official of the City (including without limitation City staff or WIB members) who participates in decision making concerning the submitted proposals may have or receive a direct or indirect economic interest in or benefit from the contract funded under this RFP. Respondents are responsible for exercising due diligence that such conflicts of interest do not occur. Any questions relating to conflicts of interest may be referred to the Office of the Oakland City Attorney and/or the City of Oakland’s Public Ethics Commission for advice. Respondents who have any financial and/or organizational relationships with any WIB members or City workforce development staff must clearly


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disclose such relationship(s) in writing in a letter accompanying the original proposal. It is required that all respondents adhere to these policies and procedures. To avoid conflicts of interest, appearance of conflicts of interest, or undue influence over the process, applicants should not contact WIB members, staff, or elected officials charged with oversight of these programs during the review process.

REVIEW PROCESS AND CRITERIA

A successful proposal will include the following critical elements:

1. Strong service track record. For agencies who have received WIA funding, their past performance will be considered in the review process. For agencies which have not received WIA funds, an equivalent report should be submitted. Acceptable reports include: external audit reports, funding source audits of programs and/or end of program funding reports, as well as program expenditure reports, detailed yearly budgets and narrative reports of program activities. Other acceptable documentation would be those which are equivalent to Quarterly Board program reports with income and expenditures and outcomes clearly detailed. The Oakland WIB (as Department of Labor’s sub-grantee), will make awards only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement in accordance with 29 CFR96.36(b)(8). Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.

2. Proven success in recruiting, training, and retaining qualified staff and/or volunteers

who reflect the community served and are committed to training and employment for City of Oakland residents and service to City of Oakland employers.

3. Incorporation of required elements, including best practices, into program design.

4. Clear, specific outcomes linked to providing employment and training services

consistent with WIA Guiding Principles and the Oakland WIB’s strategic plan.

5. Service activities that clearly lead to identified training and employment and self-sufficiency outcomes.

6. Geographic location - services provided in under-served neighborhoods in the City

of Oakland, particularly West Oakland, East Oakland and Fruitvale.

7. Experience and capacity to provide linguistically and culturally appropriate services.

8. Leveraged resources which can be used to augment WIA services, where appropriate.

The Office of Economic and Workforce Development and Workforce Investment Board will work with outside experts, including public partners, where appropriate, to


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conduct a thorough review of all proposals submitted. Outside panelists will be selected for their expertise in key areas including: employment and training, youth development, particularly with high risk youth, and social services. The proposal review panels will include readers with varied programmatic experience in the public and non-profit sectors.

Panels will conduct a thorough review of each proposal using a consistent Proposal Scoring Rubric (see Appendix E for a draft rubric). During the proposal review, the panel will consider how collaborations and other strategies might maximize the use of resources. City staff will also review recommendations to ensure services are provided to all under-served geographic locations throughout the City. Funding recommendations will be forwarded to the WIB and Youth Council for consideration, and then City Council for approval. City Council makes all final funding decisions.

APPEALS Only the failure of the Office of Economic and Workforce Development to follow a procedure, requirement, or evaluation criterion set forth in this request for proposals may be grounds for appeal. All appeals must be in writing, and must specify in detail the grounds for the appeal, the facts and evidence in support thereof, and the remedy sought. Written appeals must be hand delivered to the Executive Director of the Workforce Investment Board within five (5) business days after the announcement of the award recommendations. Each appeal will be reviewed and a decision delivered in writing within ten (10) business days after the deadline for the submission of appeals. Address appeals to: Mr. John R. Bailey Executive Director Workforce Investment Board Office of Economic and Workforce Development 250 Frank H. Ogawa Plaza, 3rd floor, Suite 3315 Oakland, CA 94612-2092

SECTION II: BACKGROUND __________________________________


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A. Oakland Workforce Investment Board - Overview

The Oakland Workforce Investment Board (WIB) was created as a result of the Workforce Investment Act (WIA) of 1998 designating the local elected official as the fiscal agent responsible for the WIA funds for the City of Oakland. The Oakland WIB is appointed by the Mayor to serve as an oversight and policy-making body for federally funded employment and training programs and services in Oakland. The Mayor and the WIB work in partnership to set policy for WIA for the Oakland LWIA and all eligible Oakland City residents. The WIB’s broader mandate is to oversee the integration of all services and programs to meet the needs of employers and job seekers. The WIB is currently a 42-member board comprised of business leaders and representatives from labor, education, economic development, social services, rehabilitative agencies and other community entities.

The Oakland WIB’s stated mission is to: “oversee the federally-funded employment and training programs and services in Oakland.

These programs and services help job seekers gain employment and connect businesses with a

qualified workforce.”

The Oakland WIB’s Policy Goals are as follows:

Goal A: Coordination and partnership with community and economic development

Goal B: Train Oakland residents for jobs Goal C: Meet and exceed performance goals Goal D: Align employment training programs with Oakland’s growth

industry sectors Goal E: New funds development to support current and new programs

The stated vision of the Oakland WIB is to: “establish and direct a results-oriented workforce development and business services system

that:

• Provides job seekers with the education and training needed to achieve self-sufficiency.

• Merges public and private sector resources and expertise to create an integrated

workforce development and business services system capable of sustaining itself

through fee generation.

• Creates job opportunities for youth and adults and advancement opportunities for the

underemployed through comprehensive business development, retention, and

expansion.”


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To reach these goals, the WIB has established the following priorities:

1. Enable clients to obtain full employment and self-sufficiency by incorporating the use

of the Self-Sufficiency Calculator.

2. Serve those most in need including unemployed and under-employed including

assistance to close the skills gap with industry-recognized credentials, and the requisite

work readiness and “soft” skills to efficiently transition to work and productivity.

3. Meet the workforce needs of local employers through industry-driven sector strategies.

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

meet the employment needs of businesses are keys to better employment outcomes.

The ultimate goal of working with employers is to provide industry with a workforce

having the skills that match their demand. Sector-based approaches are key to

economic prosperity over the long-term. Bidders must therefore show that their

experience and strategy will enhance the WIB’s overall sector-driven policy.

4. Create a system that is driven by a results orientation.

5. Create a framework for the WIB that encompasses all public and private workforce

development funding and resources available to serve Oakland residents and

employers.

6. Serve the City of Oakland’s residents with particular emphasis on the diverse and

emerging populations in geographic areas of the City of Oakland that are historically

under-served, including West Oakland, East Oakland and Fruitvale.

B. Workforce Investment Act and Guiding Principles

The Federal Workforce Investment Act of 1998 (WIA), P.L. 105-220, was implemented July 2000 to consolidate, coordinate, and improve employment, training, literacy and vocational rehabilitation programs in the United States. WIA provides the framework for a national workforce preparation system that is flexible, responsive, customer-focused and locally managed. The Act restructured approximately 60 workforce development programs into an integrated workforce investment system designed to better respond to the employment needs of its customers – employers as well as current workers, unemployed workers, workers laid-off due to restructuring, downsizing, off-shoring, and new entrants to the labor force. The WIA system is built around seven key principles:

• Streamlining services: Integrating multiple employment and training programs

through the one-stop delivery system will simplify and expand services for job seekers

and employers.

• Empowering Individuals: Customers will be empowered to obtain the services and

skills they need to enhance their employability through information and access to

services.

• Universal Access: Through the one-stop system, every customer will have access to a

set of core employment-related services.


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• Increased Accountability: Providers of service will be held accountable for meeting

employment-related performance measures (i.e., improving clients’ employment

retention and earning, improving the quality of the workforce, sustaining economic

growth, enhancing productivity, and reducing welfare utilization).

• Local Oversight: Local boards (such as OWIB) with involvement from the private

sector will be responsible for program planning and oversight of the local system.

• Local Flexibility: WIA provides local flexibility to improve systems and encourages

innovative and comprehensive workforce investment systems. Local partners play a

key role in policy development that is customized to meet the needs of the community.

• Improved Youth Programs: WIA seeks to expand youth programs by encouraging a

close connection to the local labor market and communities with strong connections

between academic and occupational learning.

A copy of the Workforce Investment Act (WIA) and the WIA regulations governing it, are available for review at the U.S. Department of Labor (DOL) Employment and Training Administration website at www.doleta.gov. In addition, respondents should also make themselves familiar with California State Directives that set state policy (accessible at www.edd.ca.gov). C. Adoption of Sector Strategies as a Strategic Direction for the Oakland WIB

The WIB’s Strategic Plan 2012-2014 highlights several reports that inform the selection of sector strategies where the WIB should focus its investment in workforce funding. The following reports should be reviewed by applicants and should be considered in response to this solicitation:

• Oakland Workforce Investment Board Strategic Plan 2012-2014 (available on the

WIB’s website www.oaklandwib.org)

• Building on Our Assets: Economic Development & Job Creation in the East Bay, East

Bay EDA, October 2011

• Putting the East Bay to Work – Sustainable Jobs for the Underemployed, East Bay

Community Foundation, September 2009

• Taking Stock of Oakland’s Economy, Oakland Metropolitan Chamber of Commerce,

April 2007

• Oakland Workforce Investment Board: A Scan of the Local Workforce Landscape,

RDP Consulting and Solutions 4 Communities, July 2010

• Building the East Bay Green Economy: Critical Steps for Supporting and Engaging

East Bay Green Business, Oakland Metropolitan Chamber of Commerce, October

2009.


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SECTION III: S C O P E O F S E R V I C E S_______________________ Employers are equal customers with job seekers and workers. The OWIB considers employers to be a pivotal partner to a well-functioning workforce development system. The following are employer services for which the WIB is seeking bids.

A. Marketing


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• Plan and implement an outreach and marketing strategy to increase employer

awareness of available workforce development services.

• Conduct employer outreach and job development assistance for the Mayor’s

Summer Jobs Program and year-round internships.

• Use business services outcome data to promote ‘value-add’ of WIB services to

employer community.

• Use relevant data to market workforce development assistance to local/regional

employer needs.

B. Technical Assistance

• Provide technical assistance and training for all WIB-funded service providers and

case managers on career pathways and skill and education requirements for job

applicants.

• Provide technical services and training that address the staff development and

retention needs of businesses for entry-level through skilled professional/technical

workers.

• Provide employers information on career pathway training opportunities to advance

and retain current employees and meet employees needs for reaching self-

sufficiency

C. Coordination and Facilitation

• Develop a personalized and customized service approach that provides a single

point of contact for employers (i.e., an account manager or business liaison) that

matches services with needs and maintains a database of employer profiles, ongoing

activities, and services provided.

• Identify job openings, and link, where possible, with career pathway opportunities

in Oakland’s growth sectors, providing case managers of all WIB-funded service

providers with additional and related information education and training

requirements for career advancement and mobility.

• Act as a liaison with case managers to coordinate referrals and ensure that they are

fully apprised of the job requirements.

• Provide retention services, including monitoring and follow-up of provider referrals

and coaching on work-site assistance.

• Inform employers about local, state and federal business incentives and services,

such as the Enterprise Zone and other tax credit opportunities for new hires, Trade

Adjustment Act certification

• Inform employers about WIA On-the-Job Training and customized training

opportunities funds and facilitate access to these resources with the WIB’s training

providers.


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• Coordinate with the Office of Economic and Workforce Development staff to

identify growth sectors and changes in employer skill needs.

D. Reporting and Evaluation

• Effective and measurable employer involvement in developing, expanding and

evaluating services.

• Track and report placements, including highlighting occupations in high growth

sectors. Reports are submitted quarterly to the WIB.

Elements include: a. Numbers of WIA job seekers employed by industry

b. Job retention

c. Annual and hourly wages at placement

d. Job/career advancement

• Track and report employer services outcomes

a. Number of businesses served by sector

b. Jobs created and saved by industry

c. Technical assistance services offered

d. Number of ‘repeat business’ customers by type of assistance provided

e. Number of new businesses receiving WIB services

• Track and report taxpayer savings (reduction in UI costs)

• Calculate other benefits using wages (reduction in public assistance benefits, e.g.,

food stamps)

• Willingness to develop a working knowledge of and use of VOS (Virtual One Stop)

system

• Knowledge and use of a customer relations management system (bonus points - 5)

The Employer Services contractor will be expected, in consultant with WIB staff, to analyze and use data gathered above to improve service delivery to both job seekers and employers.

SECTION IV: EVALUATION OF PROPOSAL AND CRITERIA___________________

The following summary of criteria and the points for each criterion may be used in evaluating and rating the proposals. Please see proposal narrative in Section V for additional detail about proposal evaluation areas.

A) Experience, Capacity & Past Performance 15 Points


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Points will be given based on the respondent’s ability to demonstrate it has the resources and expertise to manage a federally funded workforce development program of comparable size and scope; technological, management, administrative and staff capabilities along with physical space, location, and capacity of the program site; and the extent to which the respondent demonstrates a history of successfully implementing workforce development programs and achieving benchmarks. This includes evidence of established and strong employer relationships, demonstrated experience placing jobseekers into employment and previous experience and performance on grant agreements of similar size and scope. Experience integrating and coordinating services with mandated WIA partners and non-WIA service agencies will be considered.

B) Program Design 40 Points Points will be awarded for demonstrating how the respondent will address the ‘dual customer approach’ to delivering WIA services, with particular focus on meeting employer workforce development needs. Points will be awarded based on the respondent’s ability to demonstrate a clear understanding of the workforce development services that successfully link employers to job seekers and the ability to provide employer and labor market data to the workforce delivery system as an effective tool for job training, placement, retention and advancement. Additionally, points will be awarded to proposals that effectively demonstrate a model of service delivery that informs, supports, and enriches case management and workforce preparation services which are directly related to employer needs. Points will be awarded for services to targeted populations.

C) Innovation 15 Points Points will be awarded based on the respondent’s ability to demonstrate effective use of innovative strategies for the delivery of workforce development services to both employers and agency case management teams, and the extent to which strategies proposed within the application provide promising service delivery models that are based on sound research, demonstrated best practices, and support Oakland’s workforce and economic development priorities. Points will also be awarded based on the respondent’s ability to address a sector-driven employer services model that accounts for an array of employer needs within a given sector for job placement, retention and advancement.

D) Partnerships 10 Points Points will be awarded to proposals that demonstrate effective employer partnerships that have resulted in client job placement, retention and advancement, along with strategies to engage employers for future program development, training opportunities, and pipelines to employment in key Oakland industries. Points will be awarded to respondents demonstrating existing strong collaborative partnerships with both WIA-mandated and non-mandated workforce development agencies in the local area and in the region, and with the capacity to engage new partners to improve employer service delivery and client job referrals, placements, retention and advancement.

E) Budget and Financial Information 20 Points


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Points will be awarded to the extent to which the proposed budget will realistically finance the service and goals of the program. This includes the likelihood that the proposed service strategy will result in achieving the proposed goals; the accuracy of the budget; the direct-staff-to-customer ratio; and overall cost effectiveness of the proposed services. Points will be awarded to agencies with sound fiscal practices and procedures, fiscal capacity, and track records of successful fiscal management of similar-sized federally-funded projects.

G) Bonus Points (knowledge of customer relations data management system) Up to 5 Bonus Points

SECTION V. THE PROPOSAL______________________________________

A. GENERAL INFORMATION

1. The successful proposer selected for this service shall obtain or provide proof of having a current City of Oakland Business tax Certificate.


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

3. The City’s Living Wage Ordinance

This Agreement is subject to the Oakland Living Wage Ordinance. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service Contractors (contractors) of the City and employees of CFARs (Ord. 12050 § 1, 1998). The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Declaration of Compliance – Living Wage Form; and made part of this Agreement, and, unless specific exemptions apply or a waiver is granted, the contractor must provide the following to its employees who perform services under or related to this Agreement:

a. Minimum compensation – Said employees shall be paid an initial hourly wage rate of $11.70 with health benefits or $13.45 without health benefits. These initial rates shall be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. Effective July 1st of each year, Contractor shall pay adjusted wage rates.

b. Health benefits – Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $1.75 per hour. Contractor shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance.

c. Compensated days off – Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year.

d. Federal Earned Income Credit (EIC) - To inform employees that he or she may be eligible for Earned Income Credit (EIC) and shall provide forms to apply for advance EIC payments to eligible employees. For


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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.

4. Equal Benefits Ordinance

This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City Contractors (contractors) between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. (Ord. 12394 (part), 2001) The following contractors are subject to the Equal Benefits Ordinance: Entities which enter into a "contract" with the City for an amount of twenty-five thousand dollars ($25,000.00) or more for public works or improvements to be performed, or for goods or services to be purchased or


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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

5. 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


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determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims.

Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, Contractor and its subcontractors, are required to file notice with the City of release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with a contractor or subcontractor that delivers goods and/or services pursuant to or in connection with a City of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/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].

6. Non-Discrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, Contractor agrees as follows:

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

discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment


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advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

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

or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

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

people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein.

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

of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. Contractor shall submit information concerning the ownership and

workforce composition of Contractor’s firm as well as its sub Contractors and suppliers, by completing the Ownership, Ethnicity and Gender Questionnaire.

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

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

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

City. This information or data shall be used for statistical purposes only. All Contractors are required to provide data regarding the make-up of their sub Contractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question.

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

discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and


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including termination or debarment.

i. In the recruitment of sub Contractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland’s business community. The City Administrator will track the City’s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

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

sub Contractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland’s business community.

7. 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.

8. Pending Dispute Disclosure Policy:

Contractors are required to disclose pending disputes with the City of Oakland or Redevelopment Agency when they are involved in submitting bids, proposals or applications for a City or Agency contract or transaction involving professional services. This includes contract amendments. Contractor agrees to disclose, and has disclosed, any and all pending disputes to the City prior to execution of this agreement. The City will provide a form for such disclosure upon Contractor’s request. Failure to disclose pending disputes prior to execution of this amendment shall be a basis for termination of this agreement.

9. City of Oakland Campaign Contribution Limits


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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.

10. 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.

11. Sample Professional Service Agreement

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

12. Insurance Requirements

The Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of the Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute grounds for rescission of the contract award.

The Contractor shall name the City of Oakland, its Council members, directors, officers, agents, employees and volunteers as additional insured in its Comprehensive Commercial General Liability and Automobile Liability policies. If Contractor submits the ACORD Insurance Certificate, the additional insured endorsement must be set forth on a CG20 10 11 85 form and/or CA 20 48 - Designated Insured Form (for business auto insurance).

Please Note: A statement of additional insured endorsement on the ACORD insurance certificate is insufficient and will be rejected as proof of the additional insured requirement.

Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/F


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ormsSchedules/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.

13. City Contractor Performance Evaluation

At the end of the project, the Project Manager will evaluate the Contractor’s Performance in accordance with the City Contractor Performance Evaluation program.

14. 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.

15. Contractor’s Qualifications

Contractor represents that Contractor has the qualifications and skills necessary to perform the services under this Agreement in a competent and professional manner without the advice or direction of the City. Contractor’s services will be performed in accordance with the generally accepted principles and practices applicable to Contractor’s trade or profession. The Contractor warrants that the Contractor, and the Contractor’s employees and sub-contractors are properly licensed, registered, and/or certified as may be required under any applicable federal, state and local laws, statutes, ordinances, rules and regulations relating to Contractor’s performance of the Services. All Services provided pursuant to this Agreement shall comply with all applicable laws and regulations. Contractor will promptly advise City of any change in the applicable laws, regulations, or other conditions that may affect City’s program. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all of the services required under this Agreement will constitute a material breach of the Agreement and may be cause for termination of the Agreement. Contractor has complete and sole discretion for the manner in which the work under this Agreement is performed. Prior to execution of this agreement, Contractor shall complete the Independent Contractor Questionnaire, Part A, attached hereto.


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

RFP and Project related issues: WIB Executive Director, John R. Bailey and Program Manager

Al Auletta, [email protected] Contract Analyst: Paula Peav, (510) 238-3190 Compliance Officer: Vivian Inman, [email protected]

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

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

incurred in the preparation of the proposal. 20. The City reserves the sole right to evaluate each proposal and to accept or

reject any or all proposals received as a result of the RFP process. 21. The City reserves the unqualified right to modify, suspend, or terminate at

its sole discretion any and all aspects of the RFP and/or RFP process, to obtain further information from any and all Contractor teams and to waive any defects as to form or content of the RFP or any responses by any contractor teams

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

submit technical information or other revisions to the service provider’s qualifications as may result from negotiations.

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

proprietary information, become a matter of public record and shall be regarded by the City as public records. The City shall not in any way be liable or responsible for the disclosure of any such records or portions thereof if the disclosure is made pursuant to a request under the Public Records Act or the City of Oakland Sunshine Ordinance.

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

Section 1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any sub Contractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a Contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of


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solicitations for bids and RFPs, feasibility studies, master plans or preliminary discussions or negotiations.

B. SUBMITTAL AND FORMATTING REQUIREMENTS

• Submit six (6) copies of proposal.

• Proposals must be prepared in Times New Roman 12pt font, double-spaced with one-inch margins on all sides.

• Do not print pages double-sided. The proposals are due at the Department of Contracts and Compliance, Office of the City Administrator, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 time stamped by no later than 2:00 P.M. December 6, 2012. All proposals submitted via US Mail or common carrier must be delivered in a sealed package with the project name, submittal date, time and location of the proposals on the outside of the package or the documents.

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT

All proposals must have all mandatory attachments included with the proposal narrative to be deemed eligible and complete. Submissions that do not have completed information will be rejected and ineligible for the service award.

PROPOSAL NARRATIVE

Respondent: Answer the following questions for the sections below. Make sure you include all attachments and adhere to page limitations listed for each section. Provide your response to each and all questions, using the numbering below in your proposal. Evaluators will use both your narrative response and the required attachments when evaluating your proposal. SUBMISSIONS WHICH DO NOT FOLLOW THE FORMATTING, TEMPLATE AND PAGE LIMITATIONS SPECIFIED IN THIS RFP MAY BE DEEMED NON-RESPONSIVE. A sample of the evaluation scoring sheet can be found on Attachment G.

A) Experience, Capacity & Past Performance –10 page limit 15 Points

A.1) Briefly describe the mission, history, and accomplishments of your organization.

A.2) Describe your organization’s financial and administrative experience and capabilities. Include in that description experience in managing and accounting for multiple federal, state and local funding sources in accordance with Generally Accepted Accounting Principles (GAAP); conducting self-monitoring for contract performance and compliance; and developing and implementing a continuous improvement model.


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A.3) Describe past and current activities or programs administered and operated by the applicant that demonstrate the capability of the respondent to serve as the WIB’s Employer Services Representative. Include specific data on outcomes achieved to demonstrate your ability to meet contractual performance standards for WIA Services or comparable programs. Describe your past performance managing federally-funded workforce development programs, or comparable experience, for the last two years as Attachment A-1.

A.4) Briefly describe your organization’s staffing structure. Describe your organization’s management structure. Identify key personnel and discuss the areas of responsibility, qualifications, and credentials for key staff. Attach résumés of current key staff or general job descriptions, language abilities and minimum qualifications of staff that will be hired to respond to the contractual requirements of this RFP as Attachment A-2. Also attach an Organization Chart as Attachment A-3 for staff that would be charged to the proposed WIA program and all staff identified in the section on leveraged resources as Budget Worksheet Attachment E-2.

A.5) Describe how you provide on-going staff training to ensure your staff has access to the most current information, tools, and promising practices.

A.6) Identify proposed location for the WIA service delivery including a description of in-kind contributions of space or facilities by any business or other collaborator. Describe the planned hours of operation and scheduled services and other logistics of the site, considering the community or population being served and other specifics of the location.

A.7) Explain your experience tracking customers and operating program and financial management databases. Describe your ability to use these systems to manage to communicate information, including plans to manage information and customers throughout the City and, potentially, across a number of sites.

Experience with customer relations management system 5 bonus points

B) Program Design– 20 page limit 40 Points

B.1) Describe your organization’s plan to deliver employer-focused services in Oakland. Address all responsibilities outlined in the Scope of Services section of this RFP.


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B.2) Describe your organization’s history and experience with WIA or similar workforce development services and qualifications and experience that demonstrate your ability to work with public and non-profit agencies, and the employer community to provide employment-related services.

B.3) Describe direct or related experience providing daily and long-term strategic oversight of fiscal, facilities, personnel, and service delivery components of a multi-partner workforce or workforce-related project.

B.4) Describe your experience providing coordination of multi-organization staff teams and experience in developing and delivering technical assistance and capacity building with workforce staff and/or employers.

B.5) What continuous improvement strategies will you implement across multiple agencies to improve service delivery to job seekers and employers? Include:

• Measures used across multiple organizations for acting upon new strategies and tools derived from the Continuous Improvement Process

• Mechanisms to determine, analyze and report customer satisfaction

• Methods used to continuously improve a system-wide service delivery flow for employer-related services, dissemination of information, tracking of expenditures and obligations, and corrective action plan follow-up

• Methods to incorporate feedback from the agency partners, employers and clients to improve service delivery

B.6) Describe your plans to ensure that all agency partners meet performance measures.

B.7) How will your organization evaluate existing resources to foster and improve case management, placement and retention services? What past experience does your organization have in providing this role across multiple organizations and partners?

B.8) What system will be implemented to ensure that agency partners have current, relevant labor market and employer information to support effective case management and placement services?


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B.9) Describe your organization’s technical and fiscal capacity and experience as related to the required scope of services, and how it will ensure seamless delivery of services for WIA clients, employers and service providers.

B.10) Describe your organization’s plans to move Oakland’s workforce employer services and programs toward a sector based approach in the prioritized industries identified in this RFP.

B.11) Describe the organizational resources your organization will leverage to support the work of the Employer Services Representatives and innovations for sector-focused employer assistance.

B.12) Describe your organization’s plans to support the WIB’s policy to move Oakland’s job seekers toward self-sufficiency as a part of your organization’s placement, retention and advancement strategies for this RFP.

B.13) Describe your experience in managing and meeting federal, state and local mandated compliance.

C) Innovation–5 page limit 15 Points

C.1) Describe past innovation(s) that you have used to deliver similar types of services to similar types of populations and employers, as would be serviced through this RFP.

C.2) Discuss your ability to analyze targeted industry cluster research findings and how you would innovatively apply them to support the sector strategies activities of the WIB. Describe how you will support Oakland’s priority industry sectors through innovative support of the Neighborhood Career Centers and Comprehensive One Stop Career Center to successfully deliver appropriate services.

C.3) Describe any future innovation(s) that you envision implementing should your organization be awarded a contract under this RFP. Describe how these innovations match Oakland WIB priorities for job-seekers, employers, industry sectors, and methods of service delivery. Describe how innovations would improve the effectiveness of workforce services in a changing economic environment

C.4) Describe innovative employer engagement strategies your organization


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might employ regarding job placement, retention and customized training needs.

D) Partnerships–5 page limit 10 Points

D.1) Describe your organization’s current level of workforce and economic development partnerships in the local and/or regional Workforce Investment Area. Discuss how the partnerships result in an increased quality and quantity of services available to WIA employer and job seeker customers and the linkages made to improve service delivery to WIA’s dual customer approach.

D.2) Describe any new partnerships that your organization will prioritize during the grant period and how these will improve services, referrals, and outcomes for both employers and job seekers. Describe your relationship and strategy to effectively leverage resources with WIA mandated partners, non-WIA mandated partners and other funders.

D.3) Describe instances, projects or collaborative relationships in which your organization has led or worked closely with one or more WIA system partners or other workforce development entities on cooperative workforce development projects, programs or initiatives. Describe strengths and weaknesses of the collaboration. For all strengths and weaknesses, cite particular examples of relevant aspects of the program and how they impacted services. For weaknesses, describe what was done to remedy the problem and improve the situation.

E) Budget and Financial Information –5 page limit 20 Points

The Oakland WIB will enter into contracts for services beginning July 1, 2013, and ending June 30, 2016. Please provide information for the duration of the funding period for:

E.1) Amount of Funds Requested from the Oakland WIB: $____________

E.2) Provide the Total Project Budget for proposed services: $____________

E.3) Total Leveraged Funds for proposed services $___________

A 10 percent variance will be allowed in the budget so that agencies, with prior WIB approval, can re-direct funds to more effectively serve its clients.

All respondents must complete and include the Program Budget Sheet (Attachment E-1) in their final submission. Do not substitute this budget form in this solicitation. You may add additional rows to the budget sheets if necessary. For applicants submitting as a partnership or consortium, with one agency serving as fiscal agent and partners serving as subcontractors, provide an additional


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Program Budget Sheet for each subcontractor. Provide a brief explanation of the subcontracting arrangement, as well as a budget breakdown. All respondents must also complete and include an estimated Annual Organization Budget (clearly delineating the total funds requested) as Attachment

E-2.

E.4) Provide a budget narrative to justify your organization budget. The budget narrative is a representation of the overall fiscal capability of an organization. It must detail each item within every category for which funding is requested. The budget description must include how the project’s proposed budget supports the stated objectives and activities in the project along with how funds are allocated to minimize administrative costs and support direct services to employers and participants. The budget narrative should follow in the same order as the line items in Attachment E-2 – Annual Organization Budget. The narrative should describe the following:

• Personnel Costs: Staff salaries and associated fringe benefits are necessary for direct service delivery. Personnel expenses do not include subcontracted professional services or staffing (these costs should be allocated to the direct expenses category). While staff performing administrative functions is allowable, positions that are fiscal, managerial or administrative in nature should be allocated to the Other Expenses category.

• Operational Expenses Program: Costs that are necessary to the general operating and infrastructure costs to run the program, including building rental, facilities maintenance, utilities, phones, general consumable materials and supplies, Internet, insurance, audits and other costs related to supporting and maintaining organizational infrastructure. Professional services purchased from vendors (as opposed to subcontractors) are included in this category. Costs related to technology and equipment (computers, printers, fax machines, and office furniture) needed can be included as part of your budget and will be reviewed for cost effectiveness and reasonableness. Equipment leases should also be listed here.

• Direct Expenses: Expenditures directly related to the program area. Possible costs include supplies and materials specifically used for the program, travel and conferences, and contractual services/ consultant time, subsidized wages, and supportive services.

• Other Expenses: These costs are defined as costs of operations related, required, and incurred for official business in coordination of those functions under WIA. Some examples include accounting, financial, procurement and purchasing, payroll, personnel management, resolution of findings, and general legal services. These costs are capped at 10%. This may include an indirect cost rate; however, if used this rate should include audit, payroll and other costs of program support such as general


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costs that cannot be directly identified as a cost to any specific program, but are equitably allocated to all the programs that the organization operates and therefore should not also be listed in Infrastructure /Operating Costs Category.

• Leveraged Resources: There is an expectation that applicants will leverage other resources in order to meet outcomes. Leveraged resources are all federal and non-federal expenditures (cash contributions and/or in-kind contributions) that are allowable and auditable under the Circulars to support WIA services. These costs should be a minimum of 10% of the organization’s budget.

E.5) Describe your organization’s financial resources to cover disallowed costs or program over expenditures.

E.6) WIA funds are distributed on a cost reimbursement basis. How will your agency fiscally cover the time between expense and payment (20 days)?

E.7) Do you have a federally approved indirect cost rate? If yes, please provide a copy of the approval as Attachment E-3. Please refer to OMB Circular A-122 for additional guidance.

E.8) Describe any programmatic and/or fiscal monitoring findings. Provide a Certified Audit Financial Statement as Attachment E-4. The Audit statement must be based on a fiscal period not more than eighteen (18) months old at the time of submission, certified by an independent certified public accountant. Please share if the audit contains any exceptions or recommendations.

E.9) The financial management description must provide the following information: This section must describe in detail the applicant’s financial management system. Applicants must operate a system that satisfactorily accounts for and documents the receipt and disbursement of all workforce development funds. While a separate accounting system is not required, each selected provider must maintain financial records that adequately identify the source and application of all workforce development funds.

A. Effective control and accountability over workforce development assets (funds, property, other workforce development assets) – Assure that the financial system will maintain effective control and accountability over all funds, property and other workforce development assets including the adequate safeguard of such assets.

B. System’s capability of generating financial information – Assure that the system is capable of generating all financial information


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needed for required reports, including data needed to monitor, evaluate and if necessary, modify program performance.

C. Source documentation – Assure that accounting records are supported by source documentation for each transaction. Assure that records are traceable to documentation and maintained in such a manner as to provide a complete and accurate audit trail during any internal or external examination.

D. General Liability Insurance – Assure that all persons authorized to receive or deposit workforce development funds, or to issue financial documents, checks or other instruments of payment for job training program costs will be bonded for protection against loss. Identify all positions that are authorized to receive or deposit workforce development funds, issue financial documents, checks or other instruments of payment for workforce development program costs. The individuals in these positions must be bonded in a minimum amount of the contract award. Identify the insuring agency, policy number, term of the bond, and the total dollar amount of the bonding coverage. Upon winning the award, the City of Oakland must be named under your General Liability Insurance.

E. Record retention – Assure that all financial and program records, including any supporting documents, will be retained for at least three years from the date of the WIB’s submission of close-out reports. Assure that if any litigation, claims or audits are begun prior to expiration of the three-year period, all records shall be retained until such litigation, claims or audits relating to the records have been resolved. Assure that records relating to non-expendable personal property that are authorized to be purchased with workforce development funds will be retained for at least three years after the final disposition of the property.

F. Cost allocation plan – Describe in detail any cost allocation plan utilized when costs are chargeable to more than one cost category, or to more than one program and/or funding source. Identify common costs. Applicants must follow the guidelines established in the OMB circular or Code of Federal Regulations applicable to their type of organization.

G. Invoices & reconciliation – Assure that the actual and accrued expenditures will be reported on invoices and that reconciliation between actual and accrued expenditures will be conducted on a payment-by-payment basis.

H. Generally accepted accounting principles – assure that the agency will utilize generally accepted accounting principles in order to account for and control all workforce development funds.

I. Program income and stand-in costs – Any program income received as a result of this contract must be reported to the WIB. Program income must be used prior to payment of any workforce development


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funds. Assure that any program income earned as a result of the contract for services will be used for job training purposes only. The use of program income against workforce development services must be documentable and traceable through the financial system. It must be reported as part of the invoice.

J. Procurement – In order to ensure fiscal accountability and prevent waste, fraud and abuse in programs administered under the Workforce Investment Act, the applicant shall have a procurement system, which adequately provides, maximum, free, and open competition. To accomplish this, applicants must have a system which: 1) provides for full and open competition, 2) has written procedures for procurement transactions, and 3) has a code of ethical standards, which adequately provide for the avoidance of any conflict of interest.

1. Transmittal Letter

a. Addressed to John R. Bailey, Executive Director, Workforce Investment Board, 250 Frank Ogawa Plaza, Suite 3315, Oakland, California, 94612. (Please do not submit proposals to this address).

b. Signed by an officer of the consultant. In case of joint venture or other joint-prime relationship, an officer of each venture partner shall sign.

2. Proposal Cover Page (Attachment #2)

a. Complete and include in your submission. Ensure that the original cover sheet contains signatures in blue ink. Keep responses to the space provided (1 PAGE LIMIT).

3. Project Team

a. In response to this RFP, the prime contractor shall be qualified consulting firm. For LBEs/SLBEs, submit a copy of current business license and date established in Oakland.

b. Sub-Consultants (if used): list addresses, telephone numbers and areas of expertise of each. Briefly describe the project responsibility of each team member. Identify which contractors are MBE, WBE, Local Business Enterprises (LBE) and Small Local Business Enterprise (SLBE). Additionally, for LBEs/SLBEs, submit a copy of current business license and date established in Oakland.


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4. References

a. Prime Consultant(s): Three business related references, giving name, company, address, telephone number and business relationship.

b. Proposed Project Manager(s): Two business related references, giving name, company, address, telephone number and business relationship to project manager.

5. Submittals are validated using the following RFP Checklist.

a Schedules (Required with submission)

1. Schedule E - Project Consultant Team 2. Schedule O - Campaign Contribution Limits

6. Other schedules must be submitted prior to full contract execution

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

7. Addenda - Proposal and Acknowledgment of all Addenda – if issued,

please provide signed addenda and submit with proposal.

8. Proprietary Information: All responses to the RFP become the property of the City. To withhold financial and proprietary information, please label each page as "confidential" or "proprietary".

9. Public Records Act or Sunshine Ordinance: Although a document

may be labeled "confidential" or "proprietary", information is still subject to disclosure under the Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on the potential impact of the public’s interests whether or not to disclose "confidential" or "proprietary" information.

D. REJECTION OF PROPOSAL ELEMENTS

The City reserves the right to reject any or all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this RFP without liability, obligation, or commitment to any party, firm, or organization. The City reserves the right to request and obtain additional information from


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

� Non-attendance at the mandatory Bidder’s Conference

� Proposal received after designated time and date.

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

� Proposal considered not fully responsive to this RFP.

E. INTERVIEWS OF SHORT-LISTED FIRMS

Interviews of short-listed qualified candidates may be held if a selection is not made from the evaluation phase. 1) In this case, it is anticipated that approximately three teams will be invited

to interview. The selected teams will be notified in writing, and will be required to submit a detailed work scope, work schedule, and labor distribution spreadsheet (estimated hours by task by staff) the day before the interview. It is presently anticipated that the interviews will be conducted within five (5) working days of notification.

2) The interviews will last approximately 60 minutes, with the time allocated equally between the team’s presentation and a question-and-answer period. The teams should be prepared to discuss at the interview their specific experience providing services similar to those described in the RFP, project approach, estimated work effort, available resources, and other pertinent areas that would distinguish them. Interviews will be held at a City of Oakland office (exact location to be determined).

3) Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms:

a) Presentation:……………………………………………..40 points

(Scoring criteria is similar to that of the proposal criteria.) � Relevant Experience � Qualifications. � Organization. � Approach. � Other Factors

b) Request for Proposal Submittal:………………………….25 points

• Total points from the initial review of proposals will be allocated proportionally based on a maximum allowance of 20 points

c) Interview / Questions:……………………………………35 points


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Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms The City anticipates the tentative schedule of events to be as follows: Only those contractors meeting the relevant experience and submit the Statement of Qualifications (SOQ) will be invited for interviews.

4)

Activity Tentative Date*

Distribution of RFP October 19, 2012

Mandatory Technical Assistance Conference October 31, 2012, 2pm

Deadline to Submit Technical RFP Questions November 21, 2012, 2pm

Reponses to RFP Questions posted on Oakland WIB website

November 28, 2012, 2 pm

Submission of RFP December 6, 2012 by 2pm

Evaluation of Proposals December 10-14, 2012

Award Recommendations to the WIB January 31, 2013

Award Recommendation to the City Council’s CED committee

April 23, 2013

Award Recommendation to the City Council May 7, 2013

Contract Award July 1, 2013

*NOTE: The City of Oakland reserves the right to make changes to the above timeline due to unforeseen circumstances.

F. CONTRACT NEGOTIATIONS AND AWARD 1. The completion of this evaluation process will result in the contractor being

numerically ranked. The contractor ranked first and approved by City Council 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


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

award of the contract to the selected contractor. 4. The selected contractor and its other members will be required to maintain

auditable records, documents, and papers for inspection by authorized local, state and federal representatives. Therefore, the contractor and its other members may be required to undergo an evaluation to demonstrate that the contractor uses recognized accounting and financial procedures.

END OF RFP


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SECTION VI: ATTACHMENTS


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ATTACHMENT A

SAMPLE CONTRACT – PAGES 45 - 74

OAKLAND WORKFORCE INVESTMENT SYSTEM

ONE-STOP AFFILIATE AGREEMENT

This One-Stop Affiliate Agreement (the “Agreement”) is entered into effective _____________, 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 the Contracting Agency, a California nonprofit public benefit corporation (the “One-Stop Affiliate”), 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 (“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. The One-Stop Affiliate has been selected by the Oakland WIB and the Mayor to be a one-stop career center affiliate for the Oakland workforce investment system. In this role, the One-Stop Affiliate as a WIA one-stop partner and a provider of WIA services will serve as manager of an Oakland affiliate one-stop career center and provide job training and placement services and assistance to unemployed Oakland residents.

C. The purpose of this Agreement is to set forth the role of the One-Stop Affiliate 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 one-stop partners pursuant to Section 121(c) of WIA.

NOW, THEREFORE, the City and the One-Stop Affiliate agree as follows:


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1. TERM OF AGREEMENT The term of this Agreement shall be from _____________, until _____________.

2. DESIGNATION OF ONE-STOP AFFILIATE

The One-Stop Affiliate agrees to take on the role and responsibility of being a One-Stop Affiliate for the Oakland Local Workforce Investment Area during the term of this Agreement. 3. SCOPE OF WORK

The One-Stop Affiliate must diligently and in good faith perform the program services and other work set forth in that Scope of Work attached hereto as Exhibit A (the “Work”), incorporated herein by reference. 4. COMPLETION REQUIREMENTS It shall be the responsibility of the One-Stop Affiliate 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 work is not attributable to the negligence of the One-Stop Affiliate and that such delay was due to causes beyond the control of the One-Stop Affiliate. Any time extension granted to the One-Stop Affiliate to enable the One-Stop Affiliate to complete the Work shall not constitute a waiver of rights the City may have under this Agreement. 5. PERFORMANCE STANDARDS The One-Stop Affiliate 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.


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6. REPORTING The One-Stop Affiliate 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. The One-Stop Affiliate must maintain and submit records to the City within five business days of the City’s request which clearly document the One-Stop Affiliate’s performance under each requirement of this Agreement. The One-Stop Affiliate 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. 7. RECORDS

The One-Stop Affiliate 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 keep all estimates, invoices, receipts, and other documents related to such fund expenditures for at least five years after completion of the term of this Agreement. Records must be kept accurate and up-to-date. The City shall notify the One-Stop Affiliate of any records it deems in its reasonable judgment to be insufficient. The One-Stop Affiliate 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, the One-Stop Affiliate shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. 8. AUDITS The One-Stop Affiliate must make available at the One-Stop Affiliate’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, and other papers or property with respect to all matters covered by this Agreement, and shall permit these representatives to audit, examine, and make copies, excerpts or transcripts from such records. The City’s representatives may make audits of any conditions relating to this Agreement throughout the term of this Agreement and for three years following the expiration of the term of this Agreement. The One-Stop Affiliate must comply with the applicable provisions of Office of Management and Budget (“OMB”) Circular No. A-133 with respect to audit requirements.

9. ALLOCATION OF FUNDS This Agreement is based on the allocation of WIA formula funds and other funds for Fiscal Years _____________ through _____________as approved and authorized by the City for the One-Stop Affiliate’s Work under this Agreement. Budget allocations are subject to modifications based upon the mid-year budget review processes of the


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Oakland WIB and the Oakland City Council. The One-Stop Affiliate shall perform the Work under this Agreement and receive reimbursement payments, under the payment terms and disbursement process further set forth below, in accordance with that budget detailed as Exhibit B to this Agreement (the “Budget”), incorporated herein by reference. The total grant compensation to be paid to the One-Stop Affiliate by the City for the Work performed pursuant to this Agreement for the initial term shall in no event exceed the sum of $_____________. Any costs above this amount necessary for the completion of the Work shall be the sole responsibility of the One-Stop Affiliate. The payment of all costs incurred in the performance of this Agreement shall be the sole responsibility of, and be borne by, the One-Stop Affiliate. 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. 10. PAYMENT TERMS The One-Stop Affiliate will be reimbursed for all verifiable expenses for performing the Work under this Agreement in accordance with the Budget. 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 the One-Stop Affiliate. Costs incurred before or after the term of this Agreement shall not be reimbursed and shall be the sole responsibility of the One-Stop Affiliate. The One-Stop Affiliate shall submit monthly written payment requests to the City along with supporting documentation as reasonably required by the City, including invoices, receipts or canceled checks for such expenses. In order to receive disbursements, payment requests must be supported by documentation reasonably sufficient in the City’s determination to support payment. Each request for payment must include a status report detailing the activities undertaken under the Scope of Work to meet performance standards set forth in this Agreement. The One-Stop Affiliate must submit payment requests to the City within 60 calendar days following the end of the term of this Agreement. No payment requests submitted after the 60-day period shall be binding on the City for reimbursement. 11. FINANCIAL REQUIREMENTS The One-Stop Affiliate shall be accountable to the City for all funds requested by and released to the One-Stop Affiliate pursuant to this Agreement. The One-Stop Affiliate must maintain a full set of books on a double entry basis in accordance with generally accepted accounting principles and procedures and regulations as deemed necessary by the City. 12. FRAUD, WASTE, AND ABUSE The One-Stop Affiliate must immediately inform the City’s Workforce Investment Executive Director, as well as the US Department of Labor and other agencies as required under WIA regulations, of any information or complaints involving criminal


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fraud, waste, abuse, or other criminal activity in connection with its work as One-Stop Affiliate. 13. COMPLIANCE WITH FEDERAL STANDARDS The One-Stop Affiliate 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) The One-Stop Affiliate 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, the One-Stop Affiliate 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 grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly.


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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) The One-Stop Affiliate 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, the One-Stop Affiliate 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) The One-Stop Affiliate 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 the One-Stop Affiliate under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement.

(E) By signing this Agreement, the One-Stop Affiliate 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-


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Free Workplace Act of 1990 (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 The One-Stop Affiliate’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 the One-Stop Affiliate drug-free policy

statement; and o Will agree to abide by the terms of the One-Stop Affiliate’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 the One-Stop Affiliate 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) The One-Stop Affiliate 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, the One-Stop Affiliate 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


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Work Hours and Safety Standards Act (40 USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).

14. CONFIDENTIALITY The One-Stop Affiliate 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. 15. PERSONAL PROPERTY

Title to all tangible personal property acquired by the One-Stop Affiliate from funds provided under this Agreement, including without limitation computer and office equipment, shall vest in the name of the City of Oakland and shall be accounted for by means of a formal set of property records. The One-Stop Affiliate acknowledges it is responsible for the protection, maintenance and preservation of all such property held in custody for the City during the term of this Agreement. The One-Stop Affiliate shall, upon expiration or termination of this Agreement, deliver to the City said property and documents evidencing title to same. In the case of lost or stolen property, the One-Stop Affiliate shall immediately notify the City. The One-Stop Affiliate must obtain prior written approval by the City of any proposed disposition or sale of such property.

16. GRIEVANCES The One-Stop Affiliate shall establish and maintain a procedure for addressing grievances and complaints from program participants. Such procedure shall include a process for the One-Stop Affiliate 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 One Stop Operator, the City and the state for any party to the dispute who is dissatisfied with the One-Stop Affiliate’s decision. For any grievances or complaints of the One-Stop Affiliate 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. The One-Stop Affiliate may appeal any decision by the City on such grievance or complaint to the state or federal government if permitted under WIA regulations.

17. COOPERATION


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The One-Stop Affiliate 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. 18. LIVING WAGE The One-Stop Affiliate 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 $11.15 per hour if health benefits of at least $1.25 per hour are offered, or $12.82 per hour if no health benefits are offered. This wage rate shall be adjusted annually pursuant to the terms of the Ordinance. The One-Stop Affiliate 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. The One-Stop Affiliate 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 service contractor comply with Living Wage requirements for its covered employees. The One-Stop Affiliate 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.

19. EQUAL BENEFITS The One-Stop Affiliate and its agents must abide by the City of Oakland Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code. The One-Stop Affiliate 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. The One-Stop Affiliate must post written notice to its employees of their potential rights under the Equal Benefits Ordinance. The One-Stop Affiliate and its agents must promptly provide to the City upon request


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documents and information verifying its compliance with the Equal Benefits Ordinance. The One-Stop Affiliate 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 the One-Stop Affiliate ineligible for future financial assistance, impose liquidated damages, seek attorneys’ fees and enforcement costs, or pursue any other remedy permitted under the Ordinance. 20. NONDISCRIMINATION

The One-Stop Affiliate 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. The One-Stop Affiliate agrees to 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, the One-Stop Affiliate 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 nonaffiliation. Program participants shall in no way perform or assist in the performance of activities that are religious in nature, and there shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Agreement. 21. CAMPAIGN CONTRIBUTION LIMITS This Agreement is subject to the City of Oakland Campaign Reform Act, codified in Chapter 3.12 of the Oakland Municipal Code and its implementing regulations. 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. 22. 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.


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23. INSURANCE COVERAGE The One-Stop Affiliate 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. 24. NON-LIABILITY OF CITY No member, official, officer, director, employee, or agent of the City shall be liable to the One-Stop Affiliate for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. 25. INDEMNITY Notwithstanding the insurance coverage required herein, the One-Stop Affiliate hereby indemnifies and holds 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) which an Indemnified Party may incur arising out of of : (1) the One-Stop Affiliate's failure to perform any of its obligations as and when required by this Agreement; (2) a failure of any of the One-Stop Affiliate's representations or warranties to be true and complete in any material respect; or (3) any act or omission by the One-Stop Affiliate 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. The One-Stop Affiliate shall pay immediately upon the Indemnified Party’s demand any amounts owing under this indemnity provision. The duty of the One-Stop Affiliate 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. The One-Stop Affiliate's duty to indemnify the Indemnified Parties shall survive the term of this Agreement. 26. EVENTS OF DEFAULT

The occurrence of any of the following events shall be an "Event of Default" by the One-Stop Affiliate 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 the One-Stop Affiliate, including the obligation to comply with City, state and federal law;

(C) Breach by the One-Stop Affiliate or its employees or agents of any term or condition set forth in this Agreement;

(D) Failure by the One-Stop Affiliate to meet the performance standards contained in this Agreement;


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(E) Breach by the One-Stop Affiliate 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 the One-Stop Affiliate or its employees or agents;

(G) A determination by the City in its reasonable judgment that any of One-Stop Affiliate’s representations or warranties made in this Agreement, any statements made to the City by the One-Stop Affiliate, or any certificates, documents, or schedules supplied to the City by the One-Stop Affiliate in connection with this Agreement were untrue in any material respect when made, or that the One-Stop Affiliate concealed or failed to disclose a material fact from the City in connection with this Agreement; or

(H) The One-Stop Affiliate’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 filing; (4) insolvency; or (5) failure, inability or admission in writing of its inability to pay its debts as they become due.

27. NOTICE OF DEFAULT AND CURE

The City shall give written notice to the One-Stop Affiliate of any Event of Default on the part of the One-Stop Affiliate. 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 the One-Stop Affiliate must take or commence such action to cure. 28. REMEDIES Following any notice of an Event of Default, the City may suspend payments under this Agreement pending the One-Stop Affiliate’s cure of the specified breach. Upon an Event of Default that has not been cured by the One-Stop Affiliate, 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

the One-Stop Affiliate of the terms and conditions of the Agreement,


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and/or (b) enjoining, abating, or preventing any violation of said terms and conditions, and/or (c) seeking declaratory relief;

(E) Bar the One-Stop Affiliate from future funding by the City; and/or (F) Pursue any other remedy allowed at law or in equity.

29. TERMINATION FOR CONVENIENCE This Agreement may be terminated without cause prior to the end of the term only with the mutual written consent of both parties hereto. Notwithstanding the above, this Agreement shall be subject to termination by either party upon written notice to the other party in the event that the funding for the Work as set forth in the Budget is not available. 30. RELATIONSHIP OF PARTIES

The relationship of the City and the One-Stop Affiliate 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 the One-Stop Affiliate (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, the One-Stop Affiliate has no authority to act as an agent of the City or to bind the City to any obligation. 31. WARRANTIES

The One-Stop Affiliate represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable the One-Stop Affiliate 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 the One-Stop Affiliate, 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 the One-Stop Affiliate.

32. LITIGATION The One-Stop Affiliate must promptly give notice in writing to the City of any litigation pending or threatened against the One-Stop Affiliate in which the amount claimed is in excess of $50,000.

33. CONFLICTS OF INTEREST

The One-Stop Affiliate warrants and represents, to the best of its present knowledge, and agrees to exercise due diligence to ensure, that no "covered person" associated


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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 a decisionmaking process with respect to this Agreement or the provision of services by the One-Stop Affiliate. The One-Stop Affiliate’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)). The One-Stop Affiliate 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. The One-Stop Affiliate shall exercise due diligence to ensure that no such official will receive such an interest. The One-Stop Affiliate 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 noncompensated director or officer of said nonprofit corporation has disqualified himself or herself from participating in the City decision to make this Agreement.

The One-Stop Affiliate further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by the One-Stop Affiliate to the City, that (1) no public official of the City who has participated in decisionmaking concerning this Agreement, or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in the One-Stop Affiliate 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. The One-Stop Affiliate agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. The One-Stop Affiliate’s attention is directed to the conflict of interest rules applicable to governmental decisionmaking 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.).

The One-Stop Affiliate 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 the One-Stop Affiliate; unless such transaction is expressly permitted or considered valid under the Corporations Code.


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34. 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 may also be extended for any cause for any period of time by the mutual written agreement of the City and the One-Stop Affiliate.

35. 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.

36. 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.

37. 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.

38. TIME

Time is of the essence in the performance of this Agreement by the City and the One-Stop Affiliate. 39. CONSENTS AND APPROVALS

Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned.

40. NOTICES, DEMANDS AND COMMUNICATIONS


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Formal notices, demands and communications between the One-Stop Affiliate 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 the One-Stop Affiliate and the City as follows, or if any such office is relocated, to the new address specified by the relocated party:

CITY: City of Oakland c/o: Community and Economic Development Agency 250 Frank Ogawa Plaza 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

ONE-STOP AFFILIATE: Contracting Agency Address City, State Zip Attn: Contact Person 41. ASSIGNMENT AND SUBCONTRACTING

The One-Stop Affiliate 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.

42. 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 the One-Stop Affiliate or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to the One-Stop Affiliate 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 the One-Stop Affiliate 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.

43. INTEGRATION


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This Agreement contains the entire agreement of the parties with respect to the matters addressed herein, and supersede 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.

44. OTHER AGREEMENTS

The One-Stop Affiliate represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. The One-Stop Affiliate may not enter into any agreements that are inconsistent with the terms of this Agreement without an express written waiver by the City.

45. AMENDMENTS AND MODIFICATIONS

Any amendments or modifications to this Agreement must be in writing, and will be effective only if executed by both the One-Stop Affiliate and the City.

46. 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.

47. COUNTERPARTS

This Agreement may be signed in multiple counterparts, which, when signed by all parties, will constitute a binding agreement. 48. 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

[SIGNATURE BLOCKS ON NEXT PAGE]


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In witness whereof, the City and the One-Stop Affiliate have entered into this One-Stop Affiliate Agreement effective as of the date first above written. “CITY” CITY OF OAKLAND, a municipal corporation By:________________________________________ City Administrator By: ________________________________________

Chair, Oakland Workforce Investment Board

Approved as to form and legality: By: ________________________________ Deputy City Attorney

“ONE-STOP AFFILIATE” Contracting Agency, a California nonprofit public benefit corporation By:__________________________________ Its:___________________________________


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OAKLAND WORKFORCE INVESTMENT SYSTEM ONE-STOP AFFILIATE AGREEMENT

(Contract Agency)

EXHIBIT A

SCOPE OF SERVICES

As an Oakland One-Stop Affiliate Career Center site, One-Stop Affiliate shall be required to provide WIA Core, Intensive, and Training services to Universal and WIA-registered jobseekers. Through this Agreement, One-Stop Affiliate shall provide all required WIA Core A (Universal) services to a minimum of _____ Universal Clients and, where appropriate, enroll a minimum of _____ Adult and _____ Dislocated Workers into Core B and Intensive Services. (Capitalized terms in this scope of services that are not otherwise defined in this Agreement shall be as defined by WIA and/or applicable WIA regulations.) As an Affiliate One-Stop Career Center, One-Stop Affiliate shall maintain facilities and services to provide the full range of employment services to non-WIA clients as well.

Services shall include: an accessible Resource Room, Core services, Intensive services, Customized Training, On the Job Training, Individual Employment Plan, Outreach and Recruitment, One Stop Orientation, Registration, and Client Assessment. Services may include self-directed and assisted job search, workshops, informational activities, and training. One-Stop Affiliate shall also provide business services to further connect their clients to employment opportunities while providing job matching and screening services for Oakland’s business community. All Oakland One-Stop Career Centers shall recognize that businesses are customers as well as sources for jobs leading to employment. All Oakland One-Stop Career Centers shall serve any specific industry or population the City identifies and targets as special or priority populations.

SERVICES TO BE PROVIDED TO JOB SEEKERS:

All customers accessing Intensive and Training services must be determined WIA eligible and must participate in an assessment. Availability of funds, in conjunction with customer need and eligibility guidelines, will determine the combination of services appropriately provided to individual customers.

Resource Room for Universal Access: Each One-Stop site must have a self-serve resource area or “resource room” that offers the following services to Universal and WIA-enrolled clients:

• Labor exchange tools

• Computer applications software

• Résumé writing software

• Career exploration software

• Job, career, and skill self-assessment tools


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• Career, job, and labor market information

• Career planning information

• Job search information

• Interviewing information

• Information on writing résumés and cover letters

• Information on job retention

• Directories

• Periodicals

The resource room shall house computers with Internet access, appropriate software to create letters, résumés and job application, email capability, and computer software for customers to engage in self-learning activities. Shared printers shall accompany the computers. A phone bank area must be arranged in such a way that individuals may talk privately to employers with minimal noise and distraction. At minimum, one dedicated telephone line must be available for filing unemployment compensation claims through the EDD. The room shall be equipped with fax machines and copier(s) completely accessible to the public with written instructions for use. There should be no limitations or restrictive use on this equipment as long as it is being used for appropriate job search activities.

Special equipment shall be available for those customers who are hearing and seeing impaired. Auxiliary aids and services, including a TTY phone line, shall be available upon request to individuals with disabilities. The physical layout of the room must meet ADA requirements.

One-Stop Affiliate must staff the resource room to provide labor market and job information, to answer questions, and provide assistance in operating equipment and software in the resource room. Partner staff may, in part, cover staffing of the resource room. All staff in the resource room must have the ability to provide basic information on all partner programs participating in the One-Stop Center (including those partners electronically linked and/or physically located outside the Center).

Core Services: Core Services must be available at all One-Stop Career Centers. These services shall include:

• Outreach, intake and orientation to the system;

• Computer assisted assessment of skill levels, aptitudes, abilities, interests and value;

• Information on community resources and services;

• Information on the eligibility requirements for all partner employment and training programs;

• Job search assistance workshops, career information, and career guidance;

• Job matching and referral;

• Job Clubs;

• Local, regional and statewide labor market information;

• Information on financial assistance;


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• Information on services available through EDD, including unemployment compensation;

• Information on education and training providers as well as local performance outcomes of services providers;

• One-Stop activities, such as job fairs and supportive services informational workshops;

• Orientation to personal computers for access to self-directed services, including job search, Internet navigation, and resume development; and

• Follow-up activities, including reassessment services, as appropriate.

Intensive Services: Adults and Dislocated Workers unable to obtain employment through Core Services may be eligible for Intensive Services. Through Intensive Services, individual obstacles to employment are identified and specific needs are determined to design a service package. Services may also be available to Adult and Dislocated Workers who are employed or underemployed, but who are determined to be in need of Intensive services to obtain or retain employment that allows for a path to self-sufficiency. The followings services shall be offered under the Intensive services tier:

• Staff assisted, comprehensive assessment of knowledge, skills, abilities, and interests;

• Development of an Individualized Employment Plan (IEP);

• Group Counseling;

• Individual Counseling and Career Planning;

• Case Management;

• Short-term prevocational and stand alone services which may include adult basic education, ESL, GED, basic computer literacy, skills enhancement, interviewing skills, and soft skills; and

• Paid/Unpaid Work Experience

This list is not all inclusive of the services that may be provided under the WIA.

Training Services: Customers may need specific occupational training services to equip them to enter the workplace and retain employment. Training services may be provided to WIA eligible Adults and Dislocated Workers who have met the eligibility criteria for Intensive services, received at least one Core and one Intensive service but are still unable to obtain or retain employment.

Training activities shall be reserved for individuals who are unable to obtain/retain employment without training in a specific skill set or demand occupation. Successful completion of a training course must lead to recognized certificate/credential or their equivalent. A certificate is awarded in recognition of an individual’s attainment of measurable technical or occupational skills necessary to gain employment or advance within an occupation. These technical or occupational skills are based on standards developed or endorsed by employers. A credential is a nationally recognized degree or certification. A detailed explanation of certificate and credential is available at the Department of Labor’s (DOL) website at http://www.doleta.gov/performance/guidance/


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(Common Measures TEGL 17-05).

Outreach and Recruitment: One-Stop Affiliate shall be responsible for adequately informing the public, including individuals and businesses, of the services available through the One-Stop Affiliate Center. One-Stop Affiliate shall develop a marketing plan that includes development of brochures, Power Point presentations, community based print and radio ads, and website information detailing business offerings and an overall strategy for announcing the resources of the City of Oakland One-Stop System. All materials produced and published shall be shared with the WIB. Outreach and recruitment methods may include formal advertising, flyers, brochures, word- of-mouth and other methods of program information dissemination. One-Stop Affiliate must ensure that the outreach and recruitment conducted is coordinated with mandated partners of the One-Stop. One-Stop Affiliate shall develop working relationships with the City governance entities as part of its outreach. One-Stop Affiliate shall present a clear plan to reach out to Dislocated Workers.

One-Stop Center Orientation: One-Stop Affiliate shall provide an orientation that informs individuals of the full array of services available, including all partner services conducted at the One-Stop site and any other pertinent resources to ensure successful participation. The orientation shall include a complete overview of the processes and procedures.

One-Stop Affiliate shall be responsible for ensuring that all program specific requirements are addressed in the orientation.

The frequency of delivery of these orientations shall be included in a master calendar and published on a monthly basis for the public. A minimum of one orientation per week must be offered. One-on-one orientations should also be available for the public, when necessary.

WIA Registration: WIA is not an entitlement program, and selection for a customer’s participation in the program is a decision based on an assessment of the client’s needs, interest, abilities, motivation, and prospects for successfully completing the program, available funding levels, and priority of service policy. Registration involves certifying and documenting the eligibility and priority of service of the individuals to be served, in accordance with local policies and procedures.

Assessment: Assessments must assist the customer in identifying the appropriate employment or training area which best suits their abilities and needs.

Individual Employment Plan: An Individual Employment Plan (IEP) shall be developed for each customer registered in Intensive services. The IEP serves as the “road map” and action plan for services. As the needs of the customer change, the IEP must be modified to reflect these changes. As they occur, the IEP shall include activities and services provided by partner programs.

Case Management: One-Stop Affiliate shall be responsible for providing case management services to all enrolled individuals. Case management is considered a key component of service delivery and critical to the ultimate success of the participant.


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• One-Stop Affiliate shall be responsible for tracking the customer’s progress, assisting the customer in identifying and overcoming any barriers, providing career and motivational counseling, acting as an advocate on behalf of the customer and referring the customer to the resources that can meet the needs that are identified in the IEP.

• One-Stop Affiliate shall use the information collected to submit required Management Information System (MIS) paperwork to the entity selected as the One-Stop Operator. This information will be submitted in a timely manner.

• One-Stop Affiliate shall monitor all program offerings and ultimately performance outcomes.

Supportive Services Coordination: One-Stop Affiliate shall coordinate and manage the provision of supportive services to WIA registrants in accordance with the WIA and local policies. Supportive services shall only be issued after the need has been identified and when no other funding is available to pay for such services. Supportive services may include, but is not limited to transportation, clothing, childcare, and other costs that may be a barrier to an individual's job search, training, or placement.

Workshops: One-Stop Affiliate’s center shall offer a wide range of informational workshops to both Universal Access customers and registered WIA customers. Workshops shall be offered on a regular basis throughout the month.

Job Placement: One-Stop Affiliate is responsible for providing job leads, specific job development, and job matching to clients seeking employment. Job placement is defined as matching job seekers with employers after assessment.

Follow-up Services: The goal of follow-up services is to ensure job retention, wage gains, and career progress for participants who have been referred to unsubsidized employment. One-Stop Affiliate shall provide follow-up services for clients for a minimum of 12 months after job placement.

Accessibility: One-Stop Affiliate shall meet all requirements regarding compliance with state and federal disability laws and procedures for ensuring universally accessible physical and program environments for all customers. One-Stop Affiliate shall complete and adhere to the standards and expectations set forth in the national Equal Opportunity Self- Assessment Guides and checklists. The sites are monitored biennially for compliance. One-Stop Affiliate’s staff may be required to attend training in program access for customers with disabilities and access to employment programs and services for the disabled.

Hours of Operation: Regular hours of operation for all Oakland One-Stop Career Centers shall be Monday through Friday from 9am to 5pm. One-Stop Centers will be closed on applicable City, state, and federal holidays. One-Stop Affiliate should be aware that some services may require non-traditional hours.

Printed Material: Printed material and other written information at One-Stop Affiliate’s Center must be language accessible for Oakland’s diverse population of jobseekers. Whenever feasible, language barriers should be removed so that all visitors to the Center feel welcome and can benefit from the experience.


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SERVICES TO BE PROVIDED TO EMPLOYERS:

One-Stop Affiliate shall offer a broad range of integrated services that are provided free-of-charge to employers to support economic and workforce development efforts. One-Stop Affiliate will be responsible for the following:

• Interview facilities at the site;

• Access to labor market and related information through One-Stop Affiliate’s website;

• State and/or federally generated information on the ADA;

• Information regarding workplace accommodations for persons with disabilities;

• Information and referral to business start-up, retention and expansion services;

• Information and referral to sources for developing customized training programs;

• Information on career preparation activities;

• Information on Trade Adjustment Act (TAA) and certification;

• Information about incentives such as OJT programs, based on worker eligibility;

• State and/or federally generated information on tax credits for new hires;

• Access to information and services through the Center and online;

• Access to media to address the employment and training needs of businesses; and

• Avenues to place job openings as well as access to CalJOBS

PROGRAM BENCHMARKS AND REPORTING:

One-Stop Affiliate shall be required to meet or exceed all applicable federal and state WIA performance benchmarks set for Program Year _____and PY _____.Current information pertaining to applicable WIA performance measures can be found at http://www.edd.ca.gov/jobs_and_training/pubs/wsd10-11.pdf ; further information can be found at www.dol.com and www.edd.com. One Stop Affiliate shall provide monthly, quarterly, and annual progress reports to the City of Oakland to document program benchmarks. Information to be reported on a monthly/quarterly/annual basis must include, but not be limited to, the following program benchmarks and client information:

• Number of visits to the One-Stop Affiliate Career Center site • Number of Universal Client visits (unique individuals) • Number of clients (new and carryover) enrolled in WIA Intensive Services • Number of clients (new and carryover) exiting WIA services • Number of exits for employment (job placements) • Employment by industry / occupation / part or full time employment

• Average wage of job placements • Percent of clients placed achieving 90/180/365 day retention in employment


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• Number of clients newly registered and/or currently accessing Individual Training Accounts

• Number of clients newly registered and/or currently participating in On the Job Training

• Demographic information on clients enrolled

Fiscal reporting shall be required showing actual expenditures to date. Monthly program reports shall be required with invoices for reimbursements for services. Quarterly reports shall be required by the first day of the month following close of the fiscal quarter. The schedule for reporting is subject to change.


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(Contracting Agency)

EXHIBIT B

SAMPLE BUDGET

Lead Agency/ Organization: Contracting Agency

Personnel Costs Funding To Be Provided by CITY

Name & Title of Employees

Business Services Liaison (1) $15,100.00

Workshop Facilitator (2) $17,572.00

Employment Specialist (2) $32,300.00

Case Manager (3) $46,700.00

Program Assistant (1) $14,100.00

Admissions Specialist (2) $23,950.00

Customer Service Representatives( 3) $39,250.00

Total Salaries & Wages $188,972.00

Total Fringe $42,579.00

TOTAL PERSONNEL $231,551.00

Operational Expenses

TOTAL OPERATIONAL EXPENSES $11,919.00

Direct Expenses

TOTAL DIRECT EXPENSES $6,530.00

Other Expenses

TOTAL OTHER EXPENSES

Total WIA Formula FY ___ Funding Allocation (Adult and Dislocated Worker Funds) $250,000.00


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(Contracting Agency)

EXHIBIT C

INSURANCE REQUIREMENTS A. General Liability, Automobile, Worker’s Compensation and Professional

Liability The One-Stop Affiliate shall procure, prior to commencement of service, and keep in force for the term of this Agreement, at the One-Stop Affiliate’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, the One-Stop Affiliate 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: The One-Stop Affiliate 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.


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2. Automobile Liability Insurance. The One-Stop Affiliate 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, 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 the One-Stop Affiliate does not own vehicles, but utilizes non-owned and hired vehicles, evidence of such coverage is acceptable with a signed statement from the One-Stop Affiliate 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. The One-Stop Affiliate 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. The One-Stop Affiliate 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.

4. Professional Liability/errors and omissions insurance in the amount of

$5,000,000. 5. Commercial Crime Policy covering Employee Dishonesty, Third Party

Fidelity and Money and Securities. Additional coverages provided must include: Forgery or alteration; Inside the premises – theft, disappearance and destruction of money and securities; Inside the premises – robbery or safe burglary of other property; Outside the premises – theft, disappearance and destruction of money and securities and loss of other property from actual or attempted robbery; Computer fraud; Money orders and counterfeit paper currency. Coverage shall be provided with the minimum limits of $1,000,000 per occurrence and a minimum annual aggregate limit of $5,000,000. Maximum deductible under this policy shall not exceed $50,000.

B. Terms Conditions and Endorsements

The aforementioned insurance shall be endorsed and have all the following conditions:

1. Insured Status (Additional Insured): The One-Stop Affiliate shall provide

insured status using ISO endorsement CG 20 10 or its equivalent naming


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the City of Oakland, its Councilmembers, directors, officers, agents and employees as insureds in its CGL policy. If the One-Stop Affiliate 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 insured 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.

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 the One-Stop Affiliate, such insurance in the name of the One-Stop Affiliate 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 the One-Stop Affiliate 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

The One-Stop Affiliate will be required to provide proof of all insurance required for the work prior to execution of the Agreement, including copies of the One-Stop Affiliate’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


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Should the One-Stop Affiliate subcontract out the work required under this Agreement, it shall include all subcontractors as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, the One-Stop Affiliate 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 and the One-Stop Affiliate shall be named as additional insured under the subcontractor’s General Liability policy. All coverages for subcontractors 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 the One-Stop Affiliate 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

The One-Stop Affiliate 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.

END OF SAMPLE CONTRACT


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ATTACHMENT C

SCHEDULE E

(PROJECT CONSULTANT TEAM LISTING)

SCHEDULE O (CAMPAIGN CONTRIBUTION LIMITS)


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ATTACHMENT 2

Oakland Workforce Investment Board: RFP FY 2013-2015 Proposal Cover Sheet Please read the Request for Proposals document before filling out this form. Lead Organization Name: Address: City: State: Zip Code: Contact Person: Title: Phone: Email: Website: Fax: Subcontractors (If Applicable) Name: Amount of Subcontract: Address: Contact Person/Title: Phone: Email: Copy and Paste the above into a new page if there is more than one sub-contractor. RFP SERVICE SUBMISSION Please check one appropriate box indicating the RFP solicitation for which you are submitting your proposal. If submitting more than one proposal, a separate cover sheet and proposal is required for each RFP submission. � Employer Services � Comprehensive One Stop Career

Center

� Youth Services � Neighborhood One Stop Career

Center ___West Oakland ___ East Oakland ___ Fruitvale/Central Oakland

Amount Requested:

Match:

Total Budget:

Signature:_______________________________________ Date:_____________


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ATTACHMENT E-1 PROGRAM BUDGET FORM

Page 1 of 2

ATTACHMENT E-1-EMPLOYER SERVICES: PROGRAM BUDGET TEMPLATE

Date Submitted: Date Received:

APPLICANT INFORMATION

Organization Name: EIN Federal Tax#

Address:

Contact Name:

Telephone Number:

Email Address:

Leveraged

Resources

Share of Cost

WIA

Share

of Cost

Total

Program

Cost

Personnel

Fringe Benefit

Operating

Professional Services

Training

Support Services

Other (Please Specify)

TOTAL

PERSONNEL COSTS

Position/Title Employee Name Annual Salary

WIA

Share

of Cost

Total

Program

Cost

TOTAL PERSONNEL COSTS


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ATTACHMENT E-1 PROGRAM BUDGET FORM

Page 2 of 2

OPERATING EXPENSES

% of Training

Services

WIA

Share

of Cost

Total

Program

Cost

Duplicating/Copying

Equipment

Office Rent

General Office Supplies

Postage

Program Materials and Supplies

Telephone/Internet/Comm

Travel/Transportation

Staff Training

Indirect Costs

Other (Please specify)

TOTAL OPERATING EXPENSES


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ATTACHMENT F: BIDDER MANADTORY ATTACHMENT CHECKLIST A completed and full proposal submission must include the following required documents. Any missing documents will deem your package ineligible. The following attachments must be included for this RFP to be complete:

� Attachment A-1: Past Performance

� Attachment A-2: Resumes and Qualifications of Staff

� Attachment A-3: Organization Chart

� Attachment E-1: Program Budget Sheet

� Attachment E-2: Organization Annual Budget Sheet

� Attachment E-3: Federally Approved Indirect Cost Rate

� Attachment E-4: Most Current Certified Audited Financial Statement

� Attachment #2: Proposal Cover Page

� Attachment #3: Assurances and Certifications

� Attachment #4: List of Board of Directors

� Attachment #5: Conflict of Interest Statement

� Attachment #6: List of References

� Attachment #7: Memorandum of Understanding (MOUs) (if applicable

for organizations listing subcontractors/service partners)

� Schedule E Project Consultant Team

� Schedule O Campaign Contribution Limits


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ATTACHMENT G

FOR REVIEWERS ONLY

Oakland Workforce Investment Board: RFP FY 2013-2015 DRAFT Bidder Evaluation Form

Note to Reviewer:

Please fill in your scores, comments, and other information in the shaded areas only. The maximum points for each section is identified in the column labeled maximum points. Prior to scoring the proposals allocated to you, please make sure you have taken the time to read the entire RFP package, specifically Section IV.

Max

Points CATEGORY DESCRIPTION Score

15 (A) Experience, Capacity & Past Performance

Demonstrates it has the resources and expertise to manage a federally workforce development program.

40 (B) Program Design Demonstrates how the respondent will address the ‘dual customer approach’ to delivering WIA services.

15 (C) Innovation Demonstrate effective use of innovative strategies for the delivery of workforce development services to both employers and agency case management team.

10 (D) Partnerships Demonstrates effective employer partnerships that have resulted in client job placement, retention and advancement, along with strategies to engage employer for future.

20 (E) Budget & Financial Information

Proposed budget will realistically finance the service and goals of program

Bonus

5 Customer Relations Management System

Knowledge and/or experience with customer relations managements (e.g. Virtual One Stop)

Signature:_______________________________________ Date:_______________

Reviewer Name: Organization Affiliation: Title: Date Reviewed: Please check appropriate RFP proposal:

� Youth Services � Neighborhood One Stop Career

Center

� Employer Services � Comprehensive One Stop Career

Center

Total Score (out of 100):

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