request for proposals - city of oaklandb. institute a data-driven approach for long-term planning...

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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

YOUTH SERVICES

RFP 4046

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 #4046) – WIA Youth Services – Year Round

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TABLE OF CONTENTS

SECTIONS PAGE NUMBER

SECTION I. INTRODUCTION 4

SECTION II: BACKGROUND 16

SECTION III: SCOPE OF SERVICES 20

SECTION V: EVALUATION OF PROPOSAL AND CRITERIA 26

SECTION VI: PROPOSAL 28

A. GENERAL INFORMATION 28

B. SUBMITTAL AND FORMATTING REQUIREMENTS 37

C. REQUIRED PROPOSAL ELEMENTS & FORMAT 37

D. REJECTION OF PROPOSAL ELEMENTS 46

E. INTERVEWS OF SHORT-LISTED FIRMS 47

F. CONTRACT NEGOTIATIONS AND AWARDS 48

SECTION VII: ATTACHMENTS 50

A. SAMPLE PROFESSIONAL SERVICES AGREEMENT 51

B. SCHEDULES (REQUIRED WITH SUBMISSION) 79

1) SCHEDULE E – PROJECT CONSULTANT TEAM 80

2) SCHEDULE O – CAMPAIGN CONTRIBUTION LIMITS 81

C. PROPOSAL COVER PAGE (ATTACHMENT 2) 82

D. BUDGET FORM (ATTACHMENT E-1) 83

E. BIDDER MANDATORY ATTACHMENT CHECKLIST 85 (ATTACHMENT F)

F. DRAFT BIDDER EVALUATION SCORE SHEET (ATTACHMENT G) 86

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


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

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

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


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SECTION I. INTRODUCTION________________________________

This Request for Proposal (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


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

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 services. 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 in 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 on 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,

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.


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

needs and access to services, particularly for disadvantaged communities.

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 improve 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),


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Training Services Policies and Procedures (Directive No. 12-001) and Priority of Services Policies and Procedures (Directive No.12-003). 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 for Adult, Dislocated Workers and Youth.

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 youth approach will focus on the disproportionate need for youth

to access internships and entry-level opportunities. As the available pool of jobs

shrinks, youth find themselves competing with more qualified, trained and

experienced workers. To assist youth to develop the necessary basic skills for

the workforce, developing such skills as credentialed training, “soft” skills

training, and subsidized or partially subsidized internships are essential.

Populations who will be singled out for particular attention are:

• Aged-Out Foster Youth

• High School Dropouts

• Youth formerly adjudicated, under court supervision

2. Collaboration and partnerships with educational institutions

serving at risk youth.

OWIB supports Oakland youth becoming career and college ready through an integrated youth-serving infrastructure. It is essential for a prospective provider to collaborate and/or partner with Oakland educational institutions (e.g. Oakland Unified School District, Peralta Community Colleges) that are educating at risk youth ages 16-21 to ensure the greatest opportunity and use of available resources.

3. Focus on Academic Enrichment and Pre-Employment

Services

Ensuring educational success and job readiness are key to assisting Oakland youth to be prepared for both post-secondary education and the workplace. A component of life skills curriculum will be financial literacy to provide youth with the appropriate tools for budgeting, managing finances and planning.

4. Partnership to Deliver Workforce Development Services to

the Oakland Community.


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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.

5. 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. Entities which are either partnering or subcontracting with a funded agency must also send appropriate representatives to all trainings. Failure to comply with this will be noted and counted against the funded agency.

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.

B. PURPOSE OF REQUEST FOR PROPOSALS (RFP)

The purpose of this RFP (#4046) is to procure qualified providers to enter into a three (3) year contract with the City for the Oakland WIB’s Youth Services-Year Round. The selected providers will work in close cooperation with City staff for the implementation and delivery of services. Given the limited funds available, it is likely that no more than five (5) service providers will be awarded contracts. It is the discretion of the WIB and the City Council, however, to determine how many contracts will ultimately be awarded based on the quality of the proposals submitted. 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 Center RFP #4048 – Employee Services


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RFP #4049 – Comprehensive One Stop Career Center PROSPECTIVE BIDDERS FOR RFP #4046 (YOUTH SERVICES-YEAR ROUND) CAN ALSO BID ON RFP #4047 (NEIGHBORHOOD ONE STOP CAREER CENTER), #4048 (EMPLOYEE SERVICES), 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 Youth 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:

• Deliver a high- quality, consistent set of services to youth jobseekers

• 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 progress of Older Youth 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

C. Funding Available and Performance Period

Contingent upon the annual WIA Title I Adult, Dislocated Worker, and Rapid Response funding allocations, and given the limited funds likely to be available, it is likely that no more than five (5) service providers will be awarded contracts. The Oakland WIB is projecting to allocate in the range of $100,000.- $300,000. for each Youth Provider for WIA Title 1B PY 2013-2015. The contracts will be for three (3) years beginning July 1, 2013 through June 30, 2016. Funding levels for PY2013-2014 have not been determined to date.


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Agencies recommended for funding will have a three-year contract with annual reviews to determine if performance goals are being met and/or exceeded. Annual contract renewal is based on factors including, but not limited to, performance measures, geographic distribution and available funds. The Youth Council has approved the following funding formula: 60% of WIA funds for youth will be designated for out-of-school youth and 40% of WIA funds for youth will be designated for in-school youth. Service providers may choose to serve either in-school or out-of-school youth, or to serve both in-school and out-school youth. For those providers who choose to serve both in-school and out-of-school youth submit ONE proposal. DO NOT SUBMIT SEPARATE PROPOSALS IF INTENDING TO SERVE BOTH IN-SCHOOL AND OUT-OF-SCHOOL YOUTH. Note that service providers submitting proposals to serve both In-School and Out-of-School youth must ensure tracking of expenditures for each group separately. WIA funds may only be used to enhance the delivery of services and, therefore:

• WIA costs must be reasonable, allowable, appropriate, and essential to the success of the workforce system

• WIA funds may not supplant other existing agency resources • Applicant should have sufficient leveraged resources and/or funds to assure

comprehensive service delivery

D. 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

d. Provide quality service delivery

e. Keep appropriate records in an auditable manner


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

Development Department (EDD)

g. Provide payroll administration for paid summer internships. Service

providers may contract out these services.

h. Provide continuous staff development

i. Knowledgeable and demonstrative best practices in Youth Development.

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 and have the ability to administer payroll for youth wages and stipends.

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.

3. Effective Services for Targeted Youth Populations Respondents must have the ability, capacity and successful performance outcomes in serving the following type of youth in the City of Oakland: a. Is not less than 16 and not more than age 211 b. Is a low-income individual2

1All male participants over the age of 18 must comply with the Selective Service requirements set forth in the

Training and Employment Guidance Letter no. 8-98.

http://wdr.doleta.gov/directives/corr_doc.cfm?DOCN=1322.

2 If a family of a youth with a disability does not meet the income eligibility criteria, the youth may be considered

low-income if the youth’s own income meets the eligibility criteria established in WIA section 101(25)(B), or

meets the income eligibility criteria for cash payments under Federal, State or local public assistance programs.

Exceptions to Income Eligibility Requirements: Not more than 5% of participants may be individuals who do not

meet the minimum income criteria, if such individuals are within one or more of the following categories: school

drop-out, basic skills deficient, educational attainment one or more grade levels below the grade level

appropriate to the age of the individual, pregnant or parenting, disabled (including learning disabled), homeless

or runaway, offenders and at-risk of dropping out of school.

Other information regarding income eligibility: With appropriate documentation, recipients of public assistance

(CalWORKS, General Assistance, Food Stamps, SSI) and foster youth automatically qualify under WIA income

guidelines. Several sources of funds are not counted as income: e.g., child support payments, loans, veterans’

benefits.


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c. An individual who is one or more of the following: •••• School Dropout •••• Deficient in basic literacy skills •••• One or more grade levels below the grade level appropriate to the

individual’s age •••• Pregnant or parenting •••• Disabled, including learning disabilities •••• Homeless or runaway •••• Foster youth •••• Formerly incarcerated •••• An individual who requires additional assistance to complete an

educational program or to secure and hold employment

4. Other Considerations

Respondents are highly encouraged to apply if they also have the following

elements and/or subcontractor relationships that meet these additional needs.

Specific considerations concerning the following Youth Council priorities will

likely influence the assessment of individual proposals and funding distribution

overall. Those considerations and the strategic target(s) within those

considerations are as follows:

A. Target services to reach the diverse groups in Oakland

a. Strategic focus on ethnically diverse populations with specific attention

on men and boys of color and emerging communities.

b. Men and boys of color who are at risk of involvement in criminal

behavior or gang activity

c. English-as-a-second-language and youth of immigrant families

d. Homeless, foster care, single parents, sexually exploited minors

B. Diversity of providers

a. Geographic distribution throughout Oakland to ensure appropriate

service levels where they are most needed

b. Types of programs and/or methods of service delivery

c. Innovative program approach to youth services

d. Organizations that have not received prior WIA funding but demonstrate

the capacity to implement the services and accommodate federal

requirements

C. Collaborative Partnerships


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a. Programs that build relationships that include small organizations,

innovative approaches, and key partnerships including, but not limited

to, probation/parole, social service agencies and community colleges

E. 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 BIDDERS 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 the 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 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


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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 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 Attachment G 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


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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 will be 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


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SECTION II: BACKGROUND __________________________________

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 Youth Council Policy Goals are as follows:

Goal A: Build and develop Youth Council Membership Goal B: Grow Employer Engagement Opportunities

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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Goal C: Partner with Mayor on Initiatives that Pertain to Youth

Workforce Development Goal D: Partner with OUSD Workforce, the Peralta Community

Colleges and Economic Development Office to support the development of career pathways and certificates.

Goal E: New funds development to support current and new

programs Goal F: Align education, training and work experience with

Oakland’s growth industries.

To reach these goals, the WIB has established the following priorities: 1. Enable Older Youth 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 out-of-school 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. Create a system that is driven by a results orientation.

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

workforce development funding and resources available to serve Oakland

residents and employers.

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.


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

access to a set of core employment-related services.

• 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. Youth Services as a Strategic Direction for the Oakland WIB

WIA supports both employment and job-readiness for youth. With continued high unemployment, youth are hit the hardest as many employers are cutting back on nonessential personnel costs that affect internships and other entry level opportunities. Further, as the available pool of jobs shrinks, youth find themselves competing with more qualified, more trained, and more experienced workers.

To ensure that youth develop the necessary basic skills for the workforce, workforce development strategies should focus on “soft” skills training, credentialed training, subsidized or partially subsidized internships. Oakland’s rich community of youth-serving agencies has valuable firsthand knowledge about youth’s specific needs and effective practices that help youth succeed. The youth will benefit from better sharing of this knowledge with OWIB members to inform policy-making and goal-setting.

Aged-Out Foster Youth

When a young person in the foster care system turns 18, he or she is generally legally required to exit the foster care system and find work to support him or herself. Often, by virtue of the system itself, many aged-out foster youth do not have the life skills to be self-reliant and successful. Many are not given the opportunities to make decisions


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or experience self-determination and have limited options for quality education. According to EBCF’s report, Putting the East Bay to Work, major barriers for this population are education and experience. Any WIB training strategy would have to include a comprehensive program, including soft and hard skills training, aimed at acquiring entry-level job experience. After securing employment, ongoing support would be necessary to ensure job success.

High School Dropouts

A high school diploma is the basic passport into the labor market. Individuals who drop out of high school earn lower wages than their peers with diplomas, and significantly lower than those with 2-year or bachelor’s degrees. In 2006, the Gates Foundation published The Silent Epidemic which described the high numbers of young people who did not graduate from high school with their age group: nearly 1 in 3 across the country. Oakland is no exception: data from the CA Department of Education reports Oakland’s 2009-2010 dropout rate at 32%8. It is important to note that there are several ways to account for the dropout rate.


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SECTION III: SCOPE OF SERVICES AND OPERATIONS_______

WIA requires Youth programs to provide core components and ten program elements.

The Oakland WIB is seeking qualified organizations to provide innovative youth employment training services. A model program will incorporate the following principles: Required Youth Core Components: Bidders for youth services must ensure the provision of the following six required core components on a year-round basis:

1. Outreach, recruitment and orientation 2. Eligibility determination and registration 3. Objective assessment 4. Individual Service Strategy 5. Case management 6. Referral

Youth Services Provider Guidelines All bidders must accommodate the following guidelines within their program design.

A. Program Differentiation: In-School/Out-of-School While eligibility as well as program content and elements apply to both in-school and out-of-school youth, WIA creates distinctions between these two populations by creating separate funding streams, as well as by differentiating performance outcomes by age group. Therefore, bidders must be aware of the relationships between ages, funding streams, outcomes, and in-school versus out-of-school youth. There is an expectation that services for in-school as well as out-of-school youth will be designed in a manner that best meets the needs of youth in the targeted communities. Programs should feature service strategies that balance the needs of youth who would benefit from long-term support with those of youth whose needs are met through more limited interventions. Long-term support includes providing a smooth transition of older youth into the WIA adult system when appropriate. All strategies must offer pathways to post-secondary education and careers in partnership with OUSD, PCCD and other educational institutions that offer long-term self-sufficiency for young people. Although a proposal is not required to include serving out-of-school youth, the overall pool of funded projects must include 60% of the total for out-of-school youth. If the proposing agency seeks to serve both populations (In-School and Out- of -School youth) then such distinctions must be made in the proposal.

Pre-Employment Skills and Academic Enrichment All youth will engage in pre-employment skills training prior to employment. Pre-employment skills training will be provided by the applicant or collaborative. The pre-


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employment activities will be provided for no less than 20 hours prior to the beginning of employment. Additionally, pre-employment skills and/or academic enrichment may be provided six (6) hours per week during the program. Pre-employment skills training should foster the development of participant’s work readiness skills. Work readiness skills include, but are not limited to, world of work awareness, labor market and occupational information, values clarification and personal awareness, career planning and decision-making, financial literacy and job search techniques (resumes, applications, interviews and follow-up letters).

Where appropriate, academic enrichment will be provided to youth who have insufficient credits for graduation, are basic skills deficient, or who are in need of a GED for high school completion. Partnerships with OUSD and other educational institutions are strongly encouraged to provide services to support in-school student success.

Required Core Services The basic framework for all service provision shall consist of an objective assessment (as defined in WIA 129.c.1.A), which, at a minimum, measures academic level, skill level, and service needs of the youth. The results of this objective assessment will be used to develop an Individual Service Strategy (ISS), which builds on the strengths of the individual, and includes the identification of objectives and services.

NOTE: The Lead Agency of a Collaborative is responsible to ensure that the Collaborative provides all activities and mandatory elements. All bidders must ensure the provision (directly or through leveraged resources) of the following services:

1. Tutoring, study skills training and instruction. Bidders will need to provide supplemental instruction to support the completion of secondary school, including dropout prevention strategies and basic skills instruction.

2. Alternative secondary school services. Bidders will provider or refer

programs that will provide students with the ability to earn credits that can apply to a high school diploma or GED.

3. Year-Round service provision that is directly linked to academic and

occupational learning. Programs must be designed for year-round service delivery, including a summer component. A summer employment component which includes both robust pre-employment training and supervision is mandatory. There will be no additional funding available through the WIB for summer program activities. A short-term intervention where summer employment is the only activity provided is not allowable. Providers will solicit employers and provide placement support for summer employment opportunities which will be delivered as part of an integrated and comprehensive strategy that addresses the youth’s employment and training needs and objectives. Providers will be accountable for mandatory follow-up for continuing services to youth for twelve months which


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precludes a short-term intervention strategy. Providers will be expected to coordinate with the Employer Services contractor for summer youth employment and work experience opportunities.

Work experience activities, which should be included in the program design, must be clearly related to educational needs and services. Case management services and other activities must be available to youth for a minimum of six months and clearly aligned with youth goals

4. Paid and unpaid work experience includes internships and job shadowing,

as appropriate. Work experience is not intended to be the primary element of a youth’s service strategy, but will complement academic instruction and provide an opportunity to apply skills in the workplace. Work experiences are planned structured learning experiences that take place in the workplace for a limited period of time in the public and private sector. Work experience may include:

• Employability skills instruction, such as those identified by the Secretary’s Commission on Achieving Necessary Skills (SCANS)

• Internships and job shadowing

• Supported work, work adjustment, and other transitional activities

• Integration of basic academic skills into work activities, and

• Entrepreneurship

5. Occupational skills training including apprenticeship programs, as appropriate. Bidders will identify and place youth in occupational training opportunities specific to a field or industry. Whenever possible, include an employer-issued certificate of completion of work experience as an introduction into the industry or sector in which the youth participated. Collaboration with OUSD, PCCD and other educational institutions are strongly encouraged.

6. Leadership development opportunities including community service and

peer-centered activities encouraging responsibility and other positive social behaviors during non-school hours, as appropriate. Bidders will provide and/or coordinate programs that have leadership development opportunities for youth. Leadership activities may be coordinated with local schools or other existing leadership opportunities, and include:

• Exposure to post-secondary educational opportunities

• Community and service learning projects

• Peer-centered activities, including mentoring and peer tutoring

• Organizational and team work training, including team leadership training

• Training in decision-making, goal setting and prioritizing

• Citizenship training in areas such as life skills, financial literacy and budgeting resources, parenting, social responsibility, including


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prevention of out-of-wedlock pregnancies, and appropriate work behavior

• Training in positive social behavior to include positive attitude development, self-esteem building, cultural diversity, work simulation activities and other “soft” skills training

7. Supportive services. Bidders will be knowledgeable about a variety of

social/support services that will help youth reduce the barriers to success in school and work, including the following:

• Linkages to community services

• Assistance with housing costs

• Referrals to medical services

• Assistance with uniforms, appropriate work attire and work-related tools costs

• Assistance with transportation costs and

• Assistance with childcare or dependent care costs

8. Adult mentoring. Bidders will have an adult mentoring component within their youth services for the period of participation and a subsequent period, for a total of not less than twelve (12) months. The adult mentoring program service may begin before exit and continue beyond exit and is part of the required follow-up services. Note: Adult mentors must be appropriately screened and trained (case managers and youth workers are not considered mentors for purposes of meeting the mentoring requirement). Adult Mentoring services provided to youth participants must be appropriate to the needs of the individual youth as defined in their Individual Service Strategy and documented in enrollment notes.

9. Follow-up services for twelve (12) months after exit. Bidders are required to ensure all youth participants receive some form of follow-up services for a minimum of twelve (12) months after exit. Example of follow-up services include:

• Leadership development and supportive services

• Work-related peer support groups

• Periodic scheduled group or individual meetings to discuss educational or career goals

• Assistance in securing better paying jobs, career development and further education

• Periodic telephone calls to track a youth’s progress in employment after training; however telephone calls cannot be the only follow-up service provided

• Regular contact with a youth’s employer and assistance in addressing work-related programs

• Adult mentoring and tutoring


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10. Comprehensive Guidance, Counseling and Case Management which may include drug and alcohol abuse counseling and referral, or services that address gang issues. Case management services and other activities must be available to youth for a minimum of six months and clearly aligned with youth goals. Bidders will need to be knowledgeable and have collaborative relationships with a variety of counseling and guidance services that address the most challenging circumstances for youth.

Other Program Activities and Responsibilities In addition to the program services listed above, the bidder will be responsible for fiscal record keeping, participant reporting and record keeping, any necessary audits, as well as monitoring and evaluation of the contract and sub-contracts entered into the contractor. The successful bidder will be responsible for complying with all requirements of the Workforce Investment Act and will reimburse the City of Oakland for any funds expended for non-allowable costs that are discovered by audit and for which the City of Oakland is compelled to refund the money to the State, Department of Labor, or other funding agency.

PERFORMANCE MEASURES

Pursuant to guidelines establish by the U.S. Department of Labor, the State of California has adopted Common Measures of performance for youth employment agencies funded by WIA. The purpose of the youth Common Measures is to focus the youth programs on performance goals in certain key areas of youth employment and development. Every local WIB must adopt policies and procedures and support programs which are capable of meeting the performance goals of the State’s Common

Measures. A youth provider responding to this RFP must demonstrate how its program will ensure compliance with the State’s Common Measures. The State’s Common Measures are minimum requirements that the provider will be accountable for in their performance review. However, the City of Oakland Workforce Investment Board and its Youth Council will provide additional performance measures that will align more appropriately with the outcomes needed to address the needs and challenges of Oakland Youth. Providers will be notified of these additional measures during the contract process and will be accountable for those measures in addition to the State’s Common Measures throughout the program year. The State Common

Measures are: A. Placement in Employment or Education (measures the degree to which

participants are getting jobs or entering post-secondary education – individuals in secondary school are included)

B. Attainment of a Degree or Certification (measures the extent to which

participants are attaining recognized education and skills credentials – individuals in secondary education are included)


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C. Literacy and Numeracy Gains (measures the degree to which basic skills-

deficient participants increase one or more educational functioning levels – in school individuals are excluded from this measure)

Reference is made to the Employment and Training Administration, U.S. Department of Labor Training and Employment Guidance Letter 17-05 for further particulars concerning common measures. The outcome goals and performance measures for this program are subject to change and implementation is based on the ultimate requirements of the WIA and guidance received from the U.S. Department of Labor and the California Employment Development Department at the time of contracting.


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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 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 in job-readiness and job placement for at risk youth 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 youth 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 youth to employment and job-readiness opportunities. Points will also be awarded based on the respondent’s ability to address Youth Services model that accounts for the development of necessary basic skills for the workforce. Strategies should focus on “soft” skills training, credentialed training, subsidized or partially subsidized internships.

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 youth, and for agency case management teams to improve the delivery of services. Points will also be awarded based on 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.

D) Partnerships 10 Points Points will be awarded to proposals that demonstrate effective youth partnerships that have resulted in client job placement, retention and advancement, along with strategies to engage youth 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 region, and with the capacity to engage new partners to improve employer service delivery and client job referrals,


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placements, retention and advancement. In awarding these points, consideration will also be given to organizations that demonstrate a strong commitment to and facility with emerging communities and at risk populations.

E) Budget and Financial Information 20 Points Points will be awarded to the extent to which the proposed budget will realistically finance the service and goals of the program. This includes the likelihood that the proposed service strategy will result in achieving the proposed goals; the accuracy of the budget; the direct-staff-to-customer ratio; the amount and type of funds that will be leveraged towards achieving program outcomes; and overall cost effectiveness of the proposed services. Points will be awarded to agencies with sound fiscal practices and procedures, fiscal capacity, and track records of successful fiscal management of similar-sized federally-funded projects. Bidders are also expected to demonstrate the availability of leveraged funds and other resources.

F) Bonus Points Up to 5 Bonus Points Existing partnership (e.g., MOU) with an Oakland education institution and/or subcontractor that specializes in emerging communities servicing at-risk youth.


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SECTION V. THE PROPOSAL____________________________________

A. GENERAL INFORMATION

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

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

3. 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


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uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year.

d. Federal Earned Income Credit (EIC) - To inform employees that he or she may be eligible for Earned Income Credit (EIC) and shall provide forms to apply for advance EIC payments to eligible employees. For more information, web sites include but are not limited to: (1) http://www.irs.gov and http://www.irs.gov/individuals/article/0,,id=96466,00.html

e. Contractor shall provide to all employees and to Contracts and Compliance, written notice of its obligation to eligible employees under the City’s Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above-referenced information.

f. Contractor shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement.

g. Reporting – Contractor shall maintain a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees. Contractor shall provide a copy of said list to the Office of the City Administrator, Contracts and Compliance Unit, on a quarterly basis, by March 31, June 30, September 30 and December 31 for the applicable compliance period. Failure to provide said list within five days of the due date will result in liquidated damages of five hundred dollars ($500.00) for each day that the list remains outstanding. Contractor shall maintain employee payroll and related records for a period of four (4) years after expiration of the compliance period.

h. Contractor shall require subcontractors that provide services under or related to this Agreement to comply with the above Living Wage provisions. Contractor shall include the above-referenced sections in its subcontracts. Copies of said subcontracts shall be submitted to Contracts and Compliance.

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,


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and/or between domestic partners and spouses of such employees. (Ord. 12394 (part), 2001) The following contractors are subject to the Equal Benefits Ordinance: Entities which enter into a "contract" with the City for an amount of twenty-five thousand dollars ($25,000.00) or more for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city; and Entities which enter into a "property contract" pursuant to Section 2.32.020(D) with the City in an amount of twenty-five thousand dollars ($25,000.00) or more for the exclusive use of or occupancy (1) of real property owned or controlled by the city or (2) of real property owned by others for the city’s use or occupancy, for a term exceeding twenty-nine (29) days in any calendar year.

The Ordinance shall only apply to those portions of a Contractor’s operations that occur (1) within the City; (2) on real property outside the City if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United States where work related to a City contract is being performed. The requirements of this chapter shall not apply to subcontracts or sub-contractors.

The Equal Benefits Ordinance requires among other things, submission of the attached and incorporated herein as Schedule N-1, Equal Benefits-Declaration of Nondiscrimination form. For more information, see http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.html#TOPTITLE

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.


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Disputed payments are subject to investigation by the City of Oakland Liaison upon the filing of a compliant. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims.

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


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a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

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

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

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

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

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

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

e. Contractor shall submit information concerning the ownership and

workforce composition of 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


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to hire and/or contract with the individual or entity in question. h. The City will immediately report evidence or instances of apparent

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

i. In the recruitment of 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.


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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

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).


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

Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm (Schedule Q). A copy of the requirements are attached and incorporated herein by reference. Liability insurance shall be provided in accordance with the requirements specified.

When providing the insurance, include the Project Name and Project Number on the ACORD form in the section marked Description of Operations/Locations.

When providing the insurance, the “Certificate Holder” should be listed as: City of Oakland, Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612.

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


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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.

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


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the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a Contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and RFPs, feasibility studies, master plans or preliminary discussions or negotiations.

B. SUBMITTAL AND FORMATTING REQUIREMENTS

• Submit six (6) copies of proposal.

• Prepare the proposal 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.

In the responses below, distinguish services previously provided, and those planned for through this RFP for in-school and/or out-of-school youth, based upon which population(s) your organization is planning to serve. In addition, the budget should clearly identify separate costs for in-school and/or out-of-school youth, keeping in mind that the WIB has designated that 60% of WIA funds will be designated for out-of-school youth and 40% of WIA funds will be designated for in-school youth.


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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.

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 a Service Provider for the In School and/or Out of School youth community.

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 and experience with, or knowledge of, the Virtual One Stop (VOS) System.


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B) Program Design– 20 page limit 40 Points

In each of the following questions, please make it clear when activities, staffing, strategies, etc apply to either In School, Out of School youth or both categories.

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

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 youth 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 youth-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 how your organization will satisfy the WIA mentorship requirement? How will mentors be selected and trained to deal with the broad and diverse community of both In and Out of School Youth? What different strategies will be implemented to ensure that mentors and mentees are properly matched?

B.10) 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.11) Describe your organization’s plans to move Oakland’s workforce Youth Services and programs toward a sector based approach in the prioritized industries identified in this RFP?

B.12) Describe the organizational resources your organization will leverage to support the work of the Youth Council and innovations for sector-focused employer assistance?

B.13) Describe your organization’s plans to support the WIB’s policy to move Oakland’s youth towards self sufficiency as a part of your organization’s placement, retention and advancement strategies for this RFP.

B.14) 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 youth, as would be serviced through this RFP.

C.2) Discuss your ability to analyze labor market research as it applies to youth employment trends, especially in Oakland and in the local region.

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 youth, employers, industry sectors, and methods of service delivery. Describe how innovations would improve the effectiveness of workforce services for youth in a changing economic environment.

C.4) Describe innovative youth engagement strategies your organization might employ regarding employment and job-readiness activities.

C.5) If applicable, describe how your organization has used innovative and effective means to outreached to and included and retained emerging populations, including language and ethnic minorities.


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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 youth 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 youth. 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 to deliver youth services. 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 for a three-year period 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: $____________

• In-School Youth Services budget $__________

• Out-of-School Youth Services budget $__________

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 Program Budget Sheet for


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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 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


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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) Outline the rationale for determining the allocation of funds between services (tutoring/education, training, leadership development, follow-up, etc.). Also explain the funding allocations between in-school youth and out-of school youth services, if applicable.

E.7) WIA funds are distributed on a cost reimbursement basis. How will your agency fiscally cover the time between expense and payment (20 days)?

E.8) Do you have a federally approved indirect cost rate? If yes, please provide a copy of the approval (Attachment E-3). Please refer to OMB Circular A-122 for additional guidance.

E.9) Describe any programmatic and/or fiscal monitoring findings. Provide a Certified Audit Financial Statement (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.10) 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 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.


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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, that 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 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.


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1. Transmittal Letter

a. Addressed to John R. Bailey, Executive Director, Workforce Investment Board, 250 Frank Ogawa Plaza, 3rd Floor, 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. Cover Page (1 PAGE LIMIT)

a. Complete the Proposal Cover Page (Attachment #2) and include in your submission. Ensure that the original coversheet contains signatures in blue ink. Keep responses to the space provided.

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.

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)

i. Schedule E - Project Consultant Team


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

� Non-attendance at mandatory Bidder’s Conference

� Proposal received after designated time and date.

� Proposal not in compliance with the City of Oakland Local/Small Local Business Enterprise Program.

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

� Proposal considered not fully responsive to this RFP.

E. INTERVIEWS OF SHORT-LISTED FIRMS


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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 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*


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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 2:00pm

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 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.


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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 VII: ATTACHMENTS


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ATTACHMENT A

SAMPLE CONTRACT – PAGES 51 - 78

OAKLAND WORKFORCE INVESTMENT SYSTEM

WIA YOUTH SERVICE PROVIDER AGREEMENT Contracting Agency

This WIA Youth Service Provider 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 Contracting Agency, a California nonprofit public benefit corporation (the “Youth Service Provider”), pursuant to City Council Resolutions No._________ and __________ 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 Youth Service Provider has been selected by the Oakland WIB and the Mayor to be a provider of employment services for youth for the Oakland workforce investment system. In this role, Youth Service Provider as a provider of WIA services will provide “out of school” year round youth employment services, with pathways to post-secondary education and careers that lead to long-term self sufficiency for young people.

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

NOW, THEREFORE, the City and the Youth Service Provider agree as follows:


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

2. DESIGNATION OF YOUTH SERVICE PROVIDER

The Youth Service Provider agrees to take on the role and responsibility of being a youth service provider for the Oakland Local Workforce Investment Area during the term of this Agreement. 3. SCOPE OF WORK

The Youth Service Provider 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” or “Scope of Services”), incorporated herein by reference. 4. COMPLETION REQUIREMENTS It shall be the responsibility of the Youth Service Provider 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 Youth Service Provider and that such delay was due to causes beyond the control of the Youth Service Provider. Any time extension granted to the Youth Service Provider to enable Youth Service Provider to complete the Work shall not constitute a waiver of rights the City may have under this Agreement. 5. PERFORMANCE STANDARDS The Youth Service Provider shall be held accountable for the performance of the Work in accordance with performance standards as set by the US Department of Labor, the California Employment Development Department, and the City. The performance standards are further set forth in the Scope of Services. 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. 6. REPORTING The Youth Service Provider must gather data and submit program performance reports in accordance with the requirements of the US Department of Labor, the California Employment Development Department, and the City. Reporting requirements are further set forth in the Scope of Services and are subject to change. The Youth Service Provider must maintain and submit records to the City within five business days of the City’s request which clearly document the Youth Service


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Provider’s performance under each requirement of this Agreement. The Youth Service Provider 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. Youth Service Provider’s performance will be analyzed on a monthly and quarterly basis. For each reporting period that the Youth Service Provider submits a report showing poor implementation of the Work, they will be required to submit an analysis of the causes for poor performance and appropriate corrective actions to be taken with specified time frames. The City will meet with the Youth Service Provider to explore corrective measures. If the Youth Service Provider does not carry out the required corrective action within the time frame, sanctions may be applied. If the problem persists for a quarter, City staff will inform the WIB and the WIB Youth Council. 7. RECORDS The Youth Service Provider 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 Youth Service Provider of any records it deems in its reasonable judgment to be insufficient. The Youth Service Provider 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 Youth Service Provider shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. 8. AUDITS The Youth Service Provider must make available at the Youth Service Provider’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 Youth Service Provider must comply with the applicable provisions of Office of Management and Budget (“OMB”) Circular No. A-133 with respect to audit requirements.


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9. ALLOCATION OF FUNDS This Agreement is based on the allocation of WIA formula funds and other funds for Fiscal Years 2010-2011 as approved and authorized by the City for the Youth Service Provider’s Work under this Agreement. Budget allocations are subject to modifications based upon the mid-year budget review processes of the Oakland WIB and the Oakland City Council. The Youth Service Provider shall perform the Work under this Agreement and receive reimbursement payments, under the payment terms and disbursement process further set forth below, and, for amounts designed below as program dollars, 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 Youth Service Provider by the City for the Work performed pursuant to this Agreement for the term shall in no event exceed the sum of $_________ in program dollars (which dollars are tied to the achievement of performance benchmarks set forth in Exhibit A) and up to $__________ in participant costs dollars $_________ in supportive services dollars and $__________ in wages, which dollars are tied to the provision of supportive services to youth clients as set forth in Exhibit A), with total grant compensation in an amount not to exceed $__________. Any costs above this amount necessary for the completion of the Work shall be the sole responsibility of the Youth Service Provider. The payment of all costs incurred in the performance of this Agreement shall be the sole responsibility of, and be borne by, the Youth Service Provider. 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 For the grant amount specified above as program dollars, the Youth Service Provider will be reimbursed for meeting the performance benchmarks set forth in Exhibit A, but only for costs set forth in the Budget. Each request for payment must include a status report detailing the activities undertaken under the Scope of Services to meet performance standards set forth in this Agreement, and otherwise meet requirements set forth in Exhibit A. For the grant amount specified above as participant costs dollars, the Youth Service Provider will be reimbursed on a cost reimbursement basis for WIA-enrolled clients specific to this Agreement. Youth Service Provider must develop a system to track expenditures to ensure that there is no overspending of participant costs dollars, and that participant costs dollars have been separately allocated from program dollars. Disbursements must be in accordance with the federal allowable cost principles set forth in OMB Circular No. A-122, as well as in accordance with this Agreement. The City will disburse funds only for costs actually incurred by the Youth Service Provider. Costs incurred before or after the term of this Agreement shall not be reimbursed and shall be the sole responsibility of the Youth Service Provider. Reimbursements for


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indirect costs, such as costs of operating, maintaining or leasing facilities or equipment, depreciation or use allowances, administrative or executive salaries, and other general administrative expenses, must be in accordance with OMB Circular No. A-122 and must be supported by documents that either (1) demonstrate current approval by the US Department of Labor or the California Employment Development Department of the Youth Service Provider’s indirect cost rate calculation and method by which this rate is applied to WIA funds, or (2) set forth a cost allocation plan, with a full explanation of the indirect cost rate calculation and method of proration of revenues, satisfactory to the City. In order to receive disbursements, all payment requests must be supported by documentation reasonably sufficient in the City’s determination to support payment. The Youth Service Provider must submit payment requests to the City within 60 calendar days following the end of the term of this Agreement, as such term may be extended. No payment requests submitted after the 60-day period shall be binding on the City for reimbursement. 11. FINANCIAL REQUIREMENTS The Youth Service Provider shall be accountable to the City for all funds requested by and released to the Youth Service Provider pursuant to this Agreement. The Youth Service Provider 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 Youth Service Provider 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 fraud, waste, abuse, or other criminal activity in connection with its work as Youth Service Provider. 13. COMPLIANCE WITH FEDERAL STANDARDS The Youth Service Provider 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 Youth Service Provider 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


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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 Youth Service Provider 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.

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 Youth Service Provider 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 Youth Service Provider 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


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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 Youth Service Provider 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 Youth Service Provider under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement.

(E) By signing this Agreement, the Youth Service Provider hereby certifies

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


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employee who works on this Agreement: o Will receive a copy of the Youth Service Provider drug-free

policy statement; and o Will agree to abide by the terms of the Youth Service

Provider’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 Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider shall comply with, and ensure that any of its grantees or subgrantees comply with, the following federal requirements, as applicable: (1) Executive Order 11246 (“Equal Employment Opportunity”) as amended by Executive Order 11375 and as supplemented by Department of Labor regulations (41 CFR Chapter 60); (2) the Copeland “Anti-Kickback” Act (18 USC §874) as supplemented by Department of Labor regulations (29 CFR Part 3); (3) the Davis-Bacon Act (40 USC §§256a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); and (4) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).

14. CONFIDENTIALITY The Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider acknowledges


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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 Youth Service Provider 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 Youth Service Provider shall immediately notify the City. The Youth Service Provider must obtain prior written approval by the City of any proposed disposition or sale of such property.

16. GRIEVANCES Youth Service Provider shall establish and maintain a procedure for addressing grievances and complaints from program participants. Such procedure shall include a process for the Youth Service Provider 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 Youth Service Provider, the City and the state for any party to the dispute who is dissatisfied with the Youth Service Provider’s decision. For any grievances or complaints of the Youth Service Provider 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 Youth Service Provider 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 The Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider 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


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required notices to its covered employees, and to submit the required documentation to the City during the term of this Agreement. The Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider and its agents must abide by the City of Oakland Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code. The Youth Service Provider 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 Youth Service Provider must post written notice to its employees of their potential rights under the Equal Benefits Ordinance. The Youth Service Provider and its agents must promptly provide to the City upon request documents and information verifying its compliance with the Equal Benefits Ordinance. The Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider 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. Youth Service Provider agrees to post in conspicuous places available


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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 Youth Service Provider may not discriminate against any program participant on the basis of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. Program activities shall be available to all eligible persons regardless of religious affiliation or non-affiliation. 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 proselytizing 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. 23. INSURANCE COVERAGE The Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider hereby indemnifies and holds the City of Oakland, and its members, officials (including Oakland WIB members), officers, directors, employees, and agents (collectively, the


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“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: (1) the Youth Service Provider’s failure to perform any of its obligations as and when required by this Agreement; (2) a failure of any of the Youth Service Provider’s representations or warranties to be true and complete in any material respect; or (3) any act or omission by the Youth Service Provider 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 Youth Service Provider shall pay immediately upon the Indemnified Party’s demand any amounts owing under this indemnity provision. The duty of the Youth Service Provider 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 Youth Service Provider’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 Youth Service Provider 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 Youth Service Provider, including the obligation to comply with City, state and federal law;

(C) Breach by the Youth Service Provider or its employees or agents of any term or condition set forth in this Agreement;

(D) Failure by the Youth Service Provider to meet the performance standards contained in this Agreement;

(E) Breach by the Youth Service Provider 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 Youth Service Provider or its employees or agents;

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

(H) Youth Service Provider’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


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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 Youth Service Provider of any Event of Default on the part of the Youth Service Provider. 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 Youth Service Provider 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 Youth Service Provider’s cure of the specified breach. Upon an Event of Default that has not been cured by the Youth Service Provider, 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 Youth Service Provider of the terms and conditions of the Agreement, and/or (b) enjoining, abating, or preventing any violation of said terms and conditions, and/or (c) seeking declaratory relief;

(E) Bar the Youth Service Provider 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


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The relationship of the City and the Youth Service Provider 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 Youth Service Provider (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 Youth Service Provider has no authority to act as an agent of the City or to bind the City to any obligation. 31. WARRANTIES

The Youth Service Provider represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable the Youth Service Provider 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 Youth Service Provider, 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 Youth Service Provider. 32. LITIGATION The Youth Service Provider must promptly give notice in writing to the City of any litigation pending or threatened against the Youth Service Provider in which the amount claimed is in excess of $50,000. 33. CONFLICTS OF INTEREST The Youth Service Provider warrants and represents, to the best of its present knowledge, and agrees to exercise due diligence to ensure, that no "covered person" associated with the City (as defined below) has or will obtain a financial interest or benefit from this Agreement, or has or will obtain an interest in any contract, subcontract or agreement with respect to this Agreement or the proceeds thereunder, either for themselves or their immediate family members, business partners, or employing organization. A "covered person" for purposes of this paragraph includes any employee, agent, consultant, officer, or elected or appointed official of the City (including an Oakland WIB member) who participates in a decision making process with respect to this Agreement or the provision of services by the Youth Service Provider. The Youth Service Provider’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 Youth Service Provider 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


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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 Youth Service Provider warrants and represents, to the best of its present knowledge, that any such public official of the City who is a compensated employee or a compensated or non-compensated director or officer of said nonprofit corporation has disqualified himself or herself from participating in the City decision to make this Agreement.

The Youth Service Provider further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by the Youth Service Provider to the City, that (1) no public official of the City who has participated in decision making concerning this Agreement, or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in the Youth Service Provider 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 Youth Service Provider agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. The Youth Service Provider’s attention is directed to the conflict of interest rules applicable to governmental decision making contained in the Political Reform Act (California Government Code §87100, et seq.) and its implementing regulations (California Code of Regulations, Title 2, §18700, et seq.).

The Youth Service Provider 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 Youth Service Provider; unless such transaction is expressly permitted or considered valid under the Corporations Code. 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 Youth Service Provider. 35. GOVERNING LAW


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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 Youth Service Provider. 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

Formal notices, demands and communications between the Youth Service Provider 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 Youth Service Provider 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, 3rd Floor Oakland, CA 94612 Attn.: John Bailey, Executive Director, Workforce Investment Board Copy to: City of Oakland City Attorney’s Office One Frank Ogawa Plaza, 6th Floor


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Oakland, CA 94612 Attn: Daniel Rossi

YOUTH SERVICE PROVIDER: Contracting Agency Address

City, State Zip Attn: Contact Person 41. ASSIGNMENT AND SUBCONTRACTING

The Youth Service Provider 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 Youth Service Provider or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to the Youth Service Provider 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 Youth Service Provider 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 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 Youth Service Provider represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. The Youth Service Provider 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 Youth Service Provider and the City.


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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 Youth Service Provider have entered into this Youth Service Provider 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

“YOUTH SERVICE PROVIDER” Contracting Agency a California nonprofit public benefit corporation By:__________________________________ Its:___________________________________


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YOUTH SERVICE PROVIDER AGREEMENT Contracting Agency

EXHIBIT A

SCOPE OF WORK

Contracting Agency, herein referred to as “Youth Service Provider,” shall, pursuant to provisions of this Agreement and the Workforce Investment Act, provide youth employment programs as specified in this Exhibit A. Youth Service Provider shall be required to provide “out of school” year round youth employment services, with pathways to post-secondary education and careers that lead to long-term self sufficiency for young people. Youth Service Provider shall provide WIA services to a total of __________ “out of school” youths ages 16-21. The total allocated budget to Contracting Agency from program dollars is $__________. Youth Service Provider must perform all program activities, per their proposal, as set forth below. The Scope of Work includes, but is not limited to, the following:

1) Recruitment, Marketing, and Enrollment: Contracting Agency will recruit at-risk youth through marketing to increase enrollment.

2) Tutoring, study skills training, and instruction leading to the completion of secondary school; including dropout prevention: Contracting Agency will provide tutoring, study skills training, and instruction leading to the completion of secondary school; including dropout prevention

3) Paid and unpaid work experiences, including internship and job shadowing: Contracting Agency will engage at-risk youth to provide work readiness training, occupational skills and work experience.

4) Leadership development opportunities, which may include community service and peer centered activities: Contracting Agency will develop opportunities, which may include community service and peer centered activities.

5) Comprehensive guidance and counseling, which may include drug counseling and alcohol abuse counseling and referral: Contracting Agency will provide One-on-one case management will be provided to each youth participant.

6) Adult mentoring: Contracting Agency will provide regular ongoing advice and counseling through the program and during the follow up period.


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7) Individual Service Strategy and Supportive Services: Contracting Agency will assess the needs, develop an individual plan for youth and connect them to the appropriate services.

8) Basic skills assessment and Job Readiness Training: Participants will be interviewed by Intake/Eligibility Specialists (IES) and complete an intake form. These tools will help to determine the type of services an individual may need or have interest in.

9) Follow up services: Contracting Agency will follow-up with the participant through a 12 month period after exit.

WIA Mandated Services 1) Recruitment, Intake and Pre-Assessment: Youth Service Provider shall recruit

participants, provide intake services to collect all documents to determine eligibility and provide pre-assessment to determine if WIA services will meet his/her needs. Youth Service Provider shall provide sufficient marketing and outreach efforts to achieve stated enrollment service goals. Marketing and outreach materials shall be provided in languages other than English, mirroring the ethnic minority client population of the neighborhood served by the Youth Service Provider. Marketing materials will include the phrase “Auxiliary aids and services available upon request to individuals with disabilities.”

2) Client Assessment: Youth Service Provider shall provide an objective

assessment to determine: basic literacy and numeracy skills, occupational skills, prior work experience, interests, aptitudes, supportive service needs, and developmental needs.

3) Develop an Individual Service Strategy (ISS): Youth Service Provider shall

provide ISS to all participants. The ISS will identify employment and educational goals, achievement objectives, and appropriate services to help youth reach their identified goals.

4) Supportive Services Coordination: Youth Service Provider shall coordinate and

manage the provision of supportive services to WIA registrants in accordance with the WIA and local policies. Supportive services may include, but is not limited to, costs of travels, tuition, books, general school supplies, work tools, work clothes, and childcare that may be a barrier to an individual's job search, training, or placement. Supportive services shall only be provided after the need has been identified and when no other funding is available to pay for such services. All services must be incorporated into the client’s file and referenced in the case notes.


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5) Case Management: Youth Service Provider shall provide a client-centered approach in the delivery of services designed to prepare and coordinate comprehensive employment plans, provide job and career counseling.

6) Exit Clients: Youth Service Provider shall exit participants with a diploma,

certification, GED or meaningful employment. Clients entered into employment must be documented through: a) copy of participant’s paycheck stub; and b) letter of employment from employee.

7) Follow Up: Youth Service Provider shall follow up with all clients for a minimum of

12 months after exit.

8) Retention of Participant Case File Documentation: Youth Service Provider shall keep all documentation for eligibility, case notes and all other relevant documents on site with duplication of files submitted to the One Stop Operator (the Oakland Private Industry Council).

Work Experience and Worksite Requirements

Work experience is the main activity and may be provided in public agencies, non-profit organizations, community service projects, or in the private sector. Worksite activities must be directly linked to occupational learning. Community service projects can be citywide or neighborhood based. Innovative community service projects shall be related to the participant’s development of academic, vocational and leadership skills, as well as gaining work experience. Youth Service Provider will be responsible for ensuring a meaningful work experience with adequate supervision is provided for each participant, including:

• Secure appropriate worksites (must include documentation for Union Concurrence Sign–off if applicable)

• Provide an orientation for worksite supervisors with a Site Supervisor Handbook

• Monitor each worksite, and monitor participant’s time and attendance • Evaluate each participant’s progress on the job

Program Benchmarks and Reporting

Youth Service Provider shall be required to meet or exceed all applicable federal and state WIA performance benchmarks set for Program Years __________ through __________. Youth Service Provider must provide monthly, quarterly, and annual progress reports to the City to document compliance and progress in attaining the minimum performance benchmarks as required below.


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1. Placement in Employment or Education: Of those who are not in post-secondary education or employment (including the military) at the date of participation – _____. • Number of youth participants who are in employment (including the military) or

enrolled in post-secondary education and/or advanced training/ occupational skills training in the first quarter after the exit quarter divided by the number of youth participants who exit during the quarter.

2. Attainment of a Degree or Certificate: Of those enrolled in education (at the date

of participation or at any point during the program) – _____. • Number of youth participants who attain a diploma, GED, or certificate by the

end of the third quarter after the exit quarter divided by the number of youth participants who exit during the quarter.

3. Literacy and Numeracy Gain: Of those out-of-school youth who are basic skill

deficient – _____. • Number of youth participants who increase one or more educational functioning

levels divided by the number of participants who have completed a year in the program (i.e., one year from the date of first youth program service) plus the number of youth participants who exit before completing a year in the youth program.

Job Training Automation System (JTA) All invoiced performance benchmark accomplishments shall be verified using the Job Training Automation System (JTA) and/or other appropriate documentation. In addition, as needed, program monitors will visit the Youth Service Provider site to review, verify and approve required back-up documentations (such as case notes, attendance records, etc.) for all activities performed and being invoiced. All invoice payment approvals will be based primarily on verification of JTA information submitted to the One Stop Operator. Youth Service Provider will be monitored for overall program functions, activities and accuracy of records. Youth Service Provider must utilize all WIA forms and JTA related information such as enrollment, placement, goal and activity forms, and exit forms, and submit such forms to the One Stop Operator no later than the 10th day of every month. If the 10th day falls on a Saturday, Sunday or holiday, the report is due on the close of the next business day. The City may withhold any and all payments of invoices that cannot be verified through the JTA and/or other appropriate documentation.


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YOUTH SERIVCE PROVIDER AGREEMENT

Contracting Agency

EXHIBIT B

BUDGET

Lead Agency/ Organization: Contracting Agency

Project Title: Youth Services

Personnel Costs

Funding To Be Provided by CITY

Title of Employees

Program Manager $48,600.00

Case Manger $36,000.00

Instructor $37,800.00

Total Salaries & Wages $122,400.00

Total Fringe $40,284.00

TOTAL PERSONNEL $162,684.00

Non Personnel Costs

Facilities/Space $10,500.00

Consumable Supplies $4,000.00

Printing and Duplicating $1,500.00

Travel $1,500.00

Staff Training $1,200.00

Maintenance Costs $1,000.00

Utilities $2,200.00 Insurance $1,800.00

TOTAL NON PERSONNEL $24,700.00

Indirect Costs

$12,616.00

Total WIA Youth Formula Funding Allocation (___________) – Program Dollars $200,000.00


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SAMPLE YOUTH SERVICE PROVIDER AGREEMENT Contracting Agency

EXHIBIT C

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

Liability The Youth Service Provider shall procure, prior to commencement of service, and keep in force for the term of this Agreement, at the Youth Service Provider’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 Youth Service Provider 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 Youth Service Provider 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.


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2) The extended reporting or discovery period shall not be less than thirty-six (36) months.

2. Automobile Liability Insurance. The Youth Service Provider 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 Youth Service Provider does not own vehicles, but utilizes non-owned and hired vehicles, evidence of such coverage is acceptable with a signed statement from the Youth Service Provider 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. Youth Service Provider 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 Youth Service Provider shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code.

B. Terms Conditions and Endorsements

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

1. Insured Status (Additional Insured): The Youth Service Provider shall provide

insured status using ISO endorsement CG 20 10 or its equivalent naming the City of Oakland, its Councilmembers, directors, officers, agents and employees as insureds in its CGL policy. If the Youth Service Provider 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.


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3. Cross-liability coverage as provided under standard ISO forms’ separation of insureds clause.

4. Certificate holder is to be the same person and address as indicated in the

“Notices” section of this Agreement.

5. Insurer shall carry insurance from an admitted company with a Best Rating of A VII or better.

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 Youth Service Provider, such insurance in the name of the Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider will be required to provide proof of all insurance required for the work prior to execution of the Agreement, including copies of the Youth Service Provider’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for termination of the Agreement

F. Subcontractors

Should the Youth Service Provider 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 Youth Service Provider 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 Youth Service Provider 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


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such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or the Youth Service Provider 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 Youth Service Provider 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. � Youth Services � Comprehensive One Stop Career

Center

� Employer Services � Adult/Dislocated Workers

/Neighborhood One Stop Career Center ___West Oakland ___East Oakland ___Fruitvale/East Oakland

Amount Requested:

Match:

Total Budget:

Signature:_______________________________________ Date:_____________


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ATTACHMENT E-1 PROGRAM BUDGET FORM

Page 1 of 2 ATTACHMENT E-2-YOUTH SERVICES: RFP BUDGET TEMPLATE

Date Submitted: Date Received:

APPLICANT INFORMATION

Organization Name: EIN Federal Tax#

Address:

Contact Name:

Telephone Number: Fax Number:

Email Address:

In-School

Youth Cost

Out-of-School

Youth Cost

WIA Total Share

of Cost

Leveraged

Resources

Share of Cost

Total Program

Cost

Personnel

Fringe Benefit

Operating

Professional Services

Youth In-School

Youth Out-of-School

Youth Summer Employment

Opportunities

Support Services

Other (Please Specify)

TOTAL $ - $ - $ - $ - $ -

PERSONNEL COSTS

Position/Title Employee Name Annual Salary

In-School

Youth Cost

Out-of-School

Youth Cost

WIA Total 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

In-School

Youth Cost

Out-of-School

Youth Cost

WIA Total 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 $ $ $ $

PROGRAM EXPENSES

In-School

Youth Cost

Out-of-School

Youth Cost

WIA Total Share

of Cost

Total Program

Cost

Tutoring/Education

Assessments

Occupational Training

Adult Mentoring

Guidance/Counseling

Leadership Development

Follow-up

Summer Employment

Work Experience Wages

Support Services

TOTAL PROGRAM 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: 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 V: C

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

Existing Partnerships Established MOU or agreement with subcontractor who specializes in emerging communities and/or educational institutions that focuses on at risk students

Signature:_______________________________________ Date:_______________

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

� Youth Services � Neighborhood One Stop Career

Center

� Youth Services � Comprehensive One Stop Career

Center

Total Score (out of 100):

request for proposals - city of oaklandb. institute a data-driven approach for long-term planning...

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