REQUEST FOR PROPOSALS

Transcription

1 OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT WORKFORCE INVESTMENT BOARD 250 Frank Ogawa Plaza, Suite 3315 Oakland, CA REQUEST FOR PROPOSALS (RFP) For WORKFORCE INVESTMENT AND OPPORTUNITY ACT (WIOA) ON-CALL ADULT & DISLOCATED WORKER SERVICES FISCAL YEARS Due Date: Tuesday, March 8, 2016, 2:00 PM Pacific JANUARY 27, 2016 Oakland Rising Together! 1

2 TABLE OF CONTENTS I. INTRODUCTION... 1 A. Overview of Application Requirements... 1 B. Goals of the RFP... 2 C. Eligible Bidders... 2 D. Funding Availability and Duration of Contracts... 3 E. Background Information... 3 F. OWIB RFP Goals... 5 G. Priority Industry Sectors and Career Pathways... 6 H. Stakeholder Engagement Informing the RFP... 7 II. SCOPE OF SERVICES... 7 A. Overview of Solicited Services... 7 B. Eligibility and Desired Qualifications of Bidders... 8 C. Collaboration... 8 D. Contract Period... 9 E. Funding Availability and Budget... 9 F. Required Match and Leveraging of Resources... 9 G. Scope of Services H. Populations to Be Served I. Required and Recommended Partnerships J. Performance Measurement and Accountability III. PROPOSAL REQUIREMENTS A. General Information B. Proposal Review Process C. Submittal Requirements D. Required Proposal Elements and Format E. Rejection of Proposal Elements F. Evaluation of Proposals G. Interviews of Short-listed Firms H. RFP Timeline I. Contract Negotiations and Award J. Appeals Process IV. APPENDICES A. Required Proposal Checklist B. Required Proposal Forms C. Definition of Terms D. OWIB Training Services Policies and Procedures E. Sample City of Oakland Grant Agreement F. Sample Quarterly Program Report... 90

3 G. Stand-Alone Schedules Required Before Full Contract H. City Schedules and Policies The Combined Contract Schedules will be collected from the successful proposer before a final decision is made and up to full contract execution. It may be viewed at: dex.htm or at 250 Frank H. Ogawa Plaza Suite 3341, Oakland, CA Contracts and Compliance Division. Also request a copy by from isupplier@oaklandnet.com.

4 I. Introduction A. Overview of Application Requirements This Request for Proposals (RFP) is being issued by the City of Oakland, Office of Economic and Workforce Development/Workforce Investment Board (OWIB). Pre-proposal Meeting Date and Time (Highly-Recommended): Wednesday, February 10, 2016 at 2:00 PM at Hearing Room 2, City Hall, 1 Frank H. Ogawa Plaza, 1 st Fl., Oakland, CA Deadline for Questions: Thursday, February 18, 2016 at 2:00 PM by to owdbrfp@oaklandnet.com. No questions will be answered by phone or in person, except at the highly-recommended Bidder s Conference. Answers to questions regarding the RFP will be posted by Monday, February 29, 2016 on the OWIB website at and on isupplier as an addendum. Proposal Due Date and Time: Tuesday, March 8, 2016 at 2:00 PM submissions should be sent to owdbrfp@oaklandnet.com and hard copies should be delivered to: Office of the City Administrator, Contracts and Compliance Division, 250 Frank Ogawa Plaza 3 rd Floor, Suite 3341, Oakland, CA Phone: (510) Proposals Must Be Received and Time Stamped by Contracts and Compliance Staff No Later Than 2:00 PM on March 8, The Contractor shall be required to comply with all applicable City programs and policies. Details are presented in the project documents and will be discussed at the pre-proposal meeting. Discussions will include, but may not be limited to: Equal Benefits for Registered Domestic Partners Campaign Contribution Post-project Contractor Evaluation Prompt Payment Arizona Boycott 50% L/SLBE (not applicable but 50% L/SLBE participation is strongly encouraged) Dispute Disclosure and Living Wage Minimum Wage Registration in isupplier: Contractors who wish to participate in the RFP process are required to register in isupplier in order to receive addenda, updates, announcements and notifications of contracting opportunities. We recommend updating your firm s primary address regularly and periodically confirming that the Products and Services section fully represents the scope of products and services provided. If you have any questions, please isupplier@oaklandnet.com. For further information and detailed isupplier registration instructions, please visit the following link pdf Free copies of the RFP documents and Addenda are available in isupplier. Hard copies will NOT be available for purchase from the City. Please consult the City website for the Plan Holder list. 1

5 isupplier Registration/Login: VendororContractor/index.htm. New registrants can for registration instructions. Allow 3 working days for approval to access bid documents through isupplier. isupplier Plan Holders List: Login for Organizations Previously Registered in isupplier: Contact Information: The following City staffs are available to answer questions regarding this RFP. 1. Project Manager: John Bailey at JBailey@oaklandnet.com or (510) Contract Admin: Paula Peav at ppeav@oaklandnet.com or (510) Contract Compliance Officer: Vivian Inman at vinman@oaklandnet.com or B. Goals of the RFP The City of Oakland, Office of Economic and Workforce Development / Oakland Workforce Investment Board (OWIB) seeks experienced organizations to provide workforce development services for adults and dislocated workers under the Workforce Innovation and Opportunity Act (WIOA), with the ultimate goals of: Helping adults and dislocated workers develop the skills, attain the knowledge, and access the resources needed to thrive in their careers; and Providing employers with the skilled workers needed to sustain and competitively grow their businesses. OWIB will evaluate all timely submissions in response to this Request for Proposals (RFP) and competitively award contracts to bidders whose submissions are most responsive to the need for services described herein. C. Eligible Bidders All 501(c)3 non-profit organizations, public or private educational institutions, government units, public agencies, or private for-profit organizations properly organized in accordance with Federal, State, and local law and in business for at least one year are eligible for funding. A bidder may submit up to two proposals in response to this RFP: one to provide Comprehensive One Stop Career Center services and one to provide Sector Access Point services. Each proposal must be submitted separately and will be evaluated on its own merits. Each proposal must also provide its own budget that must stand on its own merits and may not depend on the awarding of a contract related to any other proposal submitted. Bidders to provide WIOA Adult & Dislocated Worker Services may also submit proposals to provide Youth Services under the WIOA Youth Services RFP. As above, each proposal and budget must stand on its own merits. Proponents for either Adult & Dislocated Worker Services or Youth Services may not also submit any proposal to provide business services under the Business Engagement & Services RFP. 2

6 D. Funding Availability and Duration of Contracts OWIB anticipates funding contracts for the one-year period from July 1, 2016 through June 30, Pending performance, compliance, and available funding, each contract will be renewable on an annual basis until June 30, Bidders are asked to submit budgets for a one-year period. At the time of the issuance of this RFP, OWIB has not been informed of the local WIOA allocation for the year. OWIB anticipates awarding one contract for a Comprehensive One Stop Career Center, not to exceed $1,052,000, and one to two contracts for Sector Access Points, not to exceed $127,500 for each proposal. These amounts are subject to change based upon the actual allocation and/or changes approved by the OWIB. E. Background Information 1. OWIB Overview and Vision The Oakland Workforce Investment Board (OWIB) was established in 1998 as the fiscal agent responsible for the administration of federally-funded employment and training funds for the City of Oakland. WIB membership is appointed by and works in partnership with the Mayor to set policy and oversee the integration of programs and services to meet the needs of employers and job-seekers. OWIB is currently comprised of business leaders and representatives of labor, education, economic development, social services, rehabilitation agencies, and other community entities. The OWIB s mission is to establish and direct a results-oriented workforce development and business services system that: Assists individuals in developing the skills, attaining the knowledge and accessing the resources needed to thrive in their careers; Provides employers with skilled workers needed to sustain and competitively grow businesses. 2. Workforce Innovation and Opportunity Act (WIOA) Overview On July 22, 2014, President Barack Obama signed the Workforce Innovation and Opportunity Act (WIOA) into law. WIOA is designed to help job seekers access employment, education, training, and support services to succeed in the labor market and to match employers with the skilled workers they need to compete in the global economy. WIOA provides new authorizing legislation for programs previously authorized under the Workforce Investment Act (WIA). The Act began implementation on July 1, WIOA provides a catalyst for an important transition for federally-funded workforce development programs and services in the United States. OWIB and its contracted service providers will play critical roles in realizing the vision of WIOA for Oakland businesses and job-seekers. WIOA reauthorizes and reforms the federal workforce system, providing several modifications and improvements that will enable job seekers to connect to good jobs and acquire skills needed to obtain them. Specific to the services being procured through this RFP are changes intended to provide jobseekers with access to high quality training and help them acquire industry-recognized credentials for in-demand jobs. WIOA encourages focusing resources and activities on: Training that leads to industry-recognized, post-secondary credentials; 3

7 Design and use of career pathways in priority industry sectors to provide education, training, and employment assistance to accelerate job seekers educational and career advancement; Improved customer choice and quality through multiple procurement methods, including Individual Training Accounts (ITAs), pay for performance contracts, and direct contracts with higher education providers. WIOA also ensures that unemployed and other job seekers have access to high-quality workforce services, with the following changes: WIA service categories of core and intensive services are collapsed into career services and there is no required sequence of services, enabling job seekers to access training immediately. For Adult services, individuals who are "basic skills deficient" are now included on the list of participants who must be given priority of service. Priority of service considerations must be factored in at all times, rather than implemented only when funds are limited. Unemployment insurance claimants can receive eligibility assessments and referrals to an array of training and education resources through the Wagner-Peyser Employment Service program. WIOA promotes the use of Registered Apprenticeship, a proven model that provides workers with career pathways and opportunities to earn while they learn. Documents issued by DOL in relation to WIOA identify seven important features of high-quality, jobdriven training and employment services. WIOA partners are required to integrate these elements into their strategic planning and program operations. These elements include: Employer Engagement: Work up-front with employers, industry associations, and unions to determine local hiring needs and design responsive training and services, and seek employer commitments to provide work-based learning opportunities and to hire program graduates. Earn-and-Learn: Offer work-based learning opportunities like on-the-job training (OJT), internships, and apprenticeships as training paths to employment. Use of Data: Gather, analyze, and make use of labor market data to inform program offerings, guide job seekers, and improve provider accountability. Outcome Measurement: Measure and evaluate employment and earnings outcomes to inform job-seekers and to help programs continuously improve. Career Pathway Stepping Stones : Support job-seekers progression from one step to another toward education, credentials, and employment goals. Opening Doors: Provide supportive services such as transportation, child care, financial and benefits counseling, and career guidance, as well as accommodations for persons with disabilities, to allow all individuals to benefit from workforce opportunities. Regional Partnerships: Coordinate among One Stop Career Centers, employers, education and training providers, economic development agencies, labor, philanthropy, community-based organizations, and other private and public entities in order to leverage resources, design and implement sector strategies, and provide a network of employment, training, and related services. Bidders under this RFP should be cognizant of WIOA changes and align proposals toward the implementation of WIOA. Temporary guidance from the U.S. Department of Labor (USDOL) has been issued in the form of Training and Employment Guidance Letters (TEGLs) and Notices of Proposed Rulemaking (NPRMs), which are directing employment and training system changes as of July 1, The California Employment Development Department (EDD) has also issued draft directives on WIOA implementation. Following are resources that may be of value to bidders. 4

8 U.S. Department of Labor Employment and Training Administration WIOA Information Training and Employment Guidance Letter WIOA No. 3-15, Guidance on Services Provided through the Adult and Dislocated Worker Program under the Workforce Innovation and Opportunity Act (WIOA) and Wagner-Peyser, as Amended by WIOA, and Guidance for Transition to WIOA Services Training and Employment Guidance Letter WIOA No. 4-15, Vision for the One-Stop System under the Workforce Innovation and Opportunity Act Training and Employment Guidance Letter WIOA No , Vision for the Workforce System and Initial Implementation of the Workforce Innovation and Opportunity Act Training and Employment Guidance Letter No. 3-14, Implementing a Job Driven Workforce System California Employment Development Department Draft Directive No. WSDD-119: WIOA Adult Program Priority of Service Resources on the Workforce Innovation and Opportunity Act, CLASP Tuning In to Local Labor Markets: Findings from the Sectoral Employment Impact Study, Public/Private Ventures Sector-Focused Career Centers Evaluation: Effects on Employment and Earnings After One Year, Westat At the time of issuance of this RFP, formal regulations have not yet been approved. Programs funded by OWIB under this RFP will be expected to make adjustments in programming to comply with future WIOA regulations. F. OWIB RFP Goals OWIB s RFP process will identify contractors for delivery of services between July 1, 2016 and June (with possible annual extensions to 2019) in three areas: Adult and Dislocated Worker Services Youth Services Business Engagement and Services The approach to service delivery described in OWIB s RFPs emerged out of a participatory process responding to local need, regional opportunity, and national policy change. OWIB, its Committees, staff, contractors, and diverse community stakeholders contributed to the development of OWIB s Strategic Plan, which lay the groundwork for the RFPs. Subsequently, OWIB and its Committees met to define policy principles and conceptual frameworks for the service models described in these RFPs. Concurrently, OWIB s participation in regional initiatives informed the alignment of strategies with the regional labor market, other WIBs, and opportunities to leverage additional resources. WIOA legislation, summarized in section I.E above, made imperative many of the system changes already prioritized locally by OWIB. OWIB envisions a system of seamless coordination among providers and partners in the workforce system that can connect residents, particularly those with barriers to employment, to career pathways leading to family-sustaining jobs in growing industries. On March 26, 2015 OWIB approved a set of policy principles reflective of the priorities in WIOA to guide the selection of contractors and the allocation of funding through the RFP process. These include: 5

9 A results-oriented system that delivers high-quality training, placements, retention, and other outcomes; Services and performance metrics tailored to the needs of Oakland s population; Strong strategic partnerships and leveraging of other public and private funds; Increased and improved employer engagement, particularly through sector strategies; Increased opportunities for employer-driven training. G. Priority Industry Sectors and Career Pathways OWIB is committed to participating in and advancing regional sector partnerships and strategies. Sector partnerships are regional, employer-driven partnerships of industry, education and training, and other stakeholders that focus on the workforce needs of key industries in a regional labor market. Youth Services providers along with OWIB and other partners -- will contribute to developing career pathways within priority sectors and connecting students, job-seekers, and businesses to related services and opportunities. OWIB has identified four industry sectors to be prioritized for service strategies under contracts. 1 These sectors were identified in OWIB s most recent strategic plan and have been validated by regional sector engagement and labor market analysis. Criteria for the selection of priority sectors include total sector employment, projected sector employment growth, and availability of entry-level and mid-level jobs. The WIB s priority industry sectors are: Advanced Manufacturing Healthcare Information and Communications Technology (ICT)/Digital Media Transportation, Distribution, and Logistics The Comprehensive One-Stop Career Center (COSCC) and Sector Access Point contractors selected through this RFP will coordinate with OWIB staff, the Business Engagement & Services provider, and regional partners to serve businesses in these sectors, and to provide opportunities for job-seekers to enter and advance in careers in these sectors. Bidders are encouraged to describe collaborative and innovative approaches to aligning with sector partnerships, leveraging resources, and strengthening career pathways in OWIB priority sectors, such as: Ensuring that students and job-seekers can obtain and make use of career pathway information Co-hosting sector-focused events Designing and delivering training that builds in-demand skills and competencies and helps individuals progress along career pathways Using sector data to inform and improve programming Otherwise coordinating services with regional sector strategies and career pathways. OWIB s training policy states that Inasmuch as possible, training services shall be directly linked to occupations that are in demand in the Oakland metropolitan area or in another area to which and adult or dislocated worker receiving training services is willing to relocate To the greatest extent 1 The West Oakland Job Resource Center (WOJRC) is an established Access Point for the building and construction trades, OWIB s fifth priority industry sector. 6

10 possible, training should be linked to a career pathway in high-growth sectors that have entry-level and mid-level occupations leading to self-sufficiency. The COSCC must dedicate at least 50% of training funds for training in the priority industry sectors. The Sector Access Points will facilitate training solely in their targeted sector(s). H. Stakeholder Engagement Informing the RFP Between March and June 2015, OWIB conducted a stakeholder engagement process to inform and solicit input from employers, service providers, job-seekers, and workers. The goal of the stakeholder engagement was to identify opportunities for growth and improvement to incorporate into planning for future services. This process reached over 500 people and gathered input from 230 Oakland employers, workers and job-seekers through the following activities: An online survey, circulated through OWIB newsletters, City of Oakland website and s, publication in local media, and the CalJobs enrollment list; In-person surveys, conducted at four OWIB-funded locations by Mills College MBA students in English, Spanish and Cantonese; Executive interviews with a dozen prominent CEOs and human resources professionals in Oakland; and Speakers Bureau presentations by OWIB leaders and board members at community and business organizations, offering comment cards as well as the online survey. The following key themes emerged through the stakeholder engagement process and have been incorporated into OWIB s FY RFPs: Oakland job-seekers, workers and employers are navigating a new world of work, where rapidly changing technology, recruitment and training systems shift opportunity. Job seekers ranked paid and unpaid internships, support groups, opportunities to interact with employers, information about industries and employers, and direct referrals to job openings as important services. Oakland employers see a bottom-line benefit from hiring locally, and nearly two-thirds of respondents plan to hire in the next six months. They reported recruiting through community contacts, industry trade groups, and employee networks. Oakland employers in every sector surveyed noted the importance of customer service skills, including communications, empathy and problem-solving at all levels, in all areas of specialization. Employers indicated the importance of workforce services to their future success, and offered to host tours of their facilities, serve on short-term committees or task forces, and make Oakland hiring commitments. II. Scope of Services A. Overview of Solicited Services OWIB seeks experienced organizations to provide workforce development services for Adult and Dislocated Workers under the Workforce Innovation and Opportunity Act (WIOA), with the ultimate goals of helping job-seekers and workers gain employment and advance in their careers and connecting businesses with a qualified workforce. OWIB will evaluate all timely submissions in 7

11 response to this Request for Proposals (RFP) and competitively award one or more contracts to bidders whose submissions are most responsive to the need for services described herein. OWIB is soliciting proposals to provide services under two service models, described in greater detail below: (1) the Comprehensive One-Stop Career Center (COSCC), and (2) one to three Sector Access Points. Together, the contracted organizations will deliver workforce services to Adult and Dislocated Workers in Oakland, in coordination with OWIB staff and a contracted Business Engagement and Services provider. At the time of the release of this RFP, WIOA guidelines and regulations are forthcoming. Nothing in this RFP is intended to limit the services required to be provided under the WIOA guidelines for the operation and management of services under a WIOA-mandated Comprehensive One-Stop Career Center (COSCC) or the regulations and guidelines for registration, eligibility and enrollment, basic career services, individualized services, training, tracking, exits, and follow-up; and to the extent not stated in this Scope of Services, those are incorporated by reference. B. Eligibility and Desired Qualifications of Bidders All 501(c)3 non-profit organizations, public or private educational institutions, government units, public agencies, or private for-profit organizations properly organized in accordance with Federal, State, and local law and in business for at least one year are eligible for funding. In addition, bidders must exhibit desired qualifications, including the experience, demonstrated track record, and current capacity to: Align service models with OWIB goals and strategies; Deliver workforce services for Adults and Dislocated Workers that lead to credential attainment and employment; Deliver high-quality services resulting in high customer satisfaction;; Work effectively with job-seekers, workers, and businesses in Oakland, and in particular with the priority populations identified in this RFP; Partner with partners mandated by WIOA and other entities key to addressing Oakland s workforce needs; Manage contracts to achieve objectives and meet or exceed WIOA performance standards; Maintain appropriate and auditable records; Self-monitor for contract and regulatory compliance; In the case of a collaborative proposal, manage and demonstrate results as the lead in a collaborative service delivery model; Maintain separate accounting records for the OWIB contract, and track costs in sufficient detail to determine compliance with laws and contract requirements; Maintain fiscal controls, accounting procedures, and financial reporting in accordance with Generally Accepted Accounting Principles (GAAP) and City of Oakland requirements; Respond effectively to changes in fund availability; and Make available accounting records upon request for examination, audit, and determination of compliance. Provide information for past and current performance on workforce development contracts. C. Collaboration 8

12 Bidders are encouraged to propose collaborative service strategies, which may or may not involve the sub-contracting of funds to partner entities. Entities that do not meet the minimum or desired qualifications described above may choose to establish such a partnership with a qualified bidder. While a bidder may only submit one proposal in response to a RFP, a proposal that includes the bidder as a subcontractor will also be considered. When an Adult & Dislocated Worker Services contract includes sub-contracts to partner entities, the lead contractor will serve as fiscal agent and will be responsible for ensuring compliance with all terms and conditions of contract administration; fiscal management of the contract; and accountability for program outcomes and budgeted expenditures. Bidders that propose to sub-contract any portion of OWIB funds must clearly identify in the proposal narrative the sub-contractor organization, the services they will provide, justification for sub-contracting to the organization, assurance that non- WIOA funds are not available for the provision of these services, and the sub-contractor s documented previous success in providing similar services and meeting all contractual obligations, including contractual outcomes. Sub-contractors will be required to report participant data using CalJOBs and to participate in program and financial monitoring, as requested by OWIB and in compliance with WIOA requirements. D. Contract Period OWIB anticipates funding contracts for the one-year period from July 1, 2016 through June 30, Pending performance, compliance, and available funding, each contract will be renewable on an annual basis until June 30, Bidders are asked to submit budgets for a one-year period. E. Funding Availability and Budget At the time of the issuance of this RFP, OWIB has not been informed of the local WIOA allocation for the year. OWIB anticipates awarding one contract for a Comprehensive One-Stop Career Center (COSCC), not to exceed $1,052,000, and one to two contracts for Sector Access Points, not to exceed $127,500 for each proposal. These amounts are subject to change based upon the actual allocation and/or changes approved by the OWIB. Support services such as funds for transportation, uniforms, or certifications are an allowable expense but should not be included in the bidder s proposed WIOA budget, as support service funding is limited and allocations have not yet been determined. Each service must be linked to the participant s achievement of goals identified in the participant s Individual Career Plan ICP. WIOA training funds will be available to Adult and Dislocated Worker providers for the benefit of eligible participants; however, training funds will not be included in the bidders proposed budgets. Training funds will be accessed on an as-needed basis through arrangement with the OWIB. F. Required Match and Leveraging of Resources Adult & Dislocated Worker Services contractors must demonstrate leveraging of non-wioa resources for the delivery of employment and training services to Oakland job-seekers and businesses. Committed or projected cash match equivalent to no less than 15% of the amount requested of OWIB must be included in each bidder s budget and described in the budget narrative section of the proposal. Cash match is defined as funds at the disposal of the contractor and to be used specifically for activities serving WIOA-eligible and enrolled individuals as described in the contractor s proposal and 9

13 consistent with the allowable activities of the funding source. Possible sources of cash match include employer or other private contributions, foundation grants, local government contracts, public education funds, and federal grants of non-wioa funds. Committed cash match must be documented by an attachment to the proposal (i.e., copy of award letter or relevant page of contract document); documentation of projected cash match will be required at the time of contract execution. In-kind, non-cash match will not fulfill the OWIB s 15% match requirement; it should be referenced in the proposal narrative, as appropriate, but should not be included in the Budget Form or Narrative. G. Scope of Services OWIB is soliciting proposals to provide services under one or both of the following service models: (1) the Comprehensive One-Stop Career Center (COSCC), and (2) the Sector Access Points, which are described in greater detail below. Bidders must describe the service model or models that they propose to deliver under contract with OWIB. Proposals must focus on services under a single service model: that is, proposals to provide Comprehensive One-Stop Career Center services must be separate from proposals to provide Sector Access Point services targeting one or more priority industry sector. However, proponent may submit separate proposals to provide each type of service. 1. Comprehensive One-Stop Career Center OWIB s Comprehensive One-Stop Career Center (COSCC) will provide career services and connect jobseekers and workers to the work-related training, education, and supports they need to get good jobs and stay employed, in accordance with WIOA regulations and guidelines as well as local OWIB policies. The COSCC will support Oakland s workforce development system by effectively leveraging investments in workforce, education, and economic development to achieve results for jobseekers, workers, and businesses. The COSCC will work closely with City staff to effectively implement a One- Stop service delivery system for job seekers and business customers. Under OWIB s new service delivery model of the COSCC and the Sector Access Points (which are described in detail in section 2 below), the COSCC serves as a centralized hub of Oakland s workforce investment system. With greater emphasis than in the past, the COSCC under WIOA will support an employer-demand-driven system of career pathway training and job placements in the region s growth industry sectors. In this role, the COSCC serves several essential functions: Assures coordination among WIOA-mandated partners and services, providing customers with a seamless one-stop experience; Assures accessibility of workforce services for all customers, regardless of industry sector, neighborhood, or population; Facilitates referrals of job-seekers and workers to Sector Access Points for sector-specific training, education, and career services; Facilitates referrals of job-seekers and workers to training services, including access to individual training accounts and on-the-job training opportunities, in collaboration with Business Engagement and Services (BES); Delivers comprehensive career services for job-seekers and workers not identified with an OWIB priority sector; Collaborates with Business and Engagement Services to deliver Rapid Response and Layoff Aversion services to workers facing displacement by company down-sizing or closure; 10

14 Coordinates with OWIB s Business Engagement and Services provider to connect job-seekers to available jobs, find appropriate candidates to fill BES job-orders, and otherwise address the needs of employers. The Comprehensive One-Stop Career Center will be responsible for the following major work components: a) Career Services The COSCC will provide comprehensive Career Services on-site at the facility, in accordance with WIOA guidance and regulations that have not yet been fully established at the time of RFP release. WIOA authorizes career services for adults and dislocated workers, rather than core and intensive services, as authorized by WIA. There are three types of career services : basic career services, individualized career services, and follow-up services. These services can be provided in any order; there is no sequence requirement for these services. Career services under this approach provide local areas and service providers with flexibility to target services to the needs of the customer. The three categories of career services are defined as follows: i) Basic Career Services Basic career services must be made available to all individuals seeking services served in the onestop delivery system, and include: Determination of eligibility to receive services; Outreach, intake, and orientation to the services available through the one-stop delivery system; Initial assessment of skill levels (including literacy, numeracy, and English language proficiency), aptitudes, abilities (including skills gaps), and supportive service needs; Labor exchange services, including the following: o Job search and placement assistance and, career counseling, such as the information on in-demand industry sectors and occupations as well as non-traditional employment; Referrals to, and coordination of activities with, other programs and services, including programs and services within the one-stop delivery system and other workforce development programs; Workforce and labor market employment statistics information, including information relating to local, regional, and national labor market areas, including the following: o o Job vacancy listings and the job skills necessary to obtain them Information on local in-demand occupations and the earnings, skill requirements, and opportunities for advancement that accompany them; Information on performance and program cost of eligible providers of training services, youth workforce investment activities, adult education, career and technical education activities at the postsecondary level, career and technical education activities available to school dropouts, and vocational rehabilitation services; Information regarding how the local area is performing on the local performance accountability measures and any additional performance information with respect to the one-stop delivery system in the local area; Information on, and referral to, supportive services or assistance, including the following: 11

15 o Child care, child support, medical or child health assistance under title XIX or XXI of the Social Security Act o Benefits under the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 o Assistance through the earned income tax credit under section 32 of the Internal Revenue Code of 1986 o Assistance under a state program for temporary assistance for needy families funded under part A of title IV of the Social Security Act o Other supportive services and transportation available in the local area; Information and assistance regarding filing claims for unemployment compensation; Assistance in establishing eligibility for programs of financial aid assistance for training and education programs that are not funded under WIOA; Job development; Job Clubs & Workshops; Resume refinement. ii) Individualized Career Services If one-stop center staff determine that individualized career services are appropriate for an individual to obtain or retain employment, these services must be made available to the individual. These services must be available in all one-stop centers. One-stop center staff may use recent previous assessments by partner programs to determine if individualized career services would be appropriate. These services include: Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include the following: o Diagnostic testing and use of other assessment tools o In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; Development of an individual career plan (ICP), to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services and career pathways to attain career objectives; Group counseling; Individual counseling; Career planning; Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training; Internships and work experiences linked to careers; Workforce preparation activities; Financial literacy services; Out-of-area job search assistance and relocation assistance; English language acquisition and integrated education and training programs. iii) Follow-up Services Follow-up services must be provided as appropriate for participants who are placed in unsubsidized employment, for up to 12 months after the first day of employment. Counseling about the work place 12

16 is an appropriate type of follow-up service. Follow-up services do not extend the date of exit in performance reporting. b) Training Services The COSCC will provide access to Training Services and subsidies for individuals who are determined to be in need of training and who select training services that are directly linked to employment opportunities in the local/regional area. Under WIOA, career services are not a pre-requisite to receive training services. Training subsidies are limited to individuals who are unable to obtain other grant assistance for such services or require assistance beyond that made available under other programs, including federal Pell Grants. Training Services are designed as one or more courses or classes, or a structured regimen, that upon successful completion lead to: (1) a certificate, associate degree or baccalaureate degree; or (2) the skills or competencies needed for a specific job or jobs, an occupation or occupational group, or generally for many types of jobs or occupations, as recognized by employers and determined prior to training. Training Services include vocational skills training, on-the-job training, integrated vocational and academic training, skills upgrading/retraining, entrepreneurial training, pre-apprenticeship and apprenticeship training, business-customized training, job readiness training in combination with vocational training, and adult education and English language training in combination with other training services. The COSCC may also provide access to incumbent worker training or subsidized transitional jobs according to OWIB policies. The COSCC will support OWIB s increased emphasis under WIOA on high-quality training and career pathways. Training may be delivered by public, private, or non-profit providers. The COSCC must establish collaborative relationships with regional partners involved in the design and implementation of career pathways, in order to facilitate customer access to points of entry to education and employment on these pathways. OWIB will identify through this RFP process one or more Sector Access Points, which will serve as hubs for training and career pathway activities in priority sectors; the COSCC will be required to collaborate and establish referral relationships with these entities, so that customers with interest in training in these sectors may receive Access Point services. For priority sectors with no designated Access Point, the COSCC must establish partnerships to facilitate referrals to training and career pathway assistance. The COSCC must demonstrate a training partnership with, at minimum, Oakland s community college district partner, the Peralta Community College District, and/or its individual colleges or departments. Letters of commitment that include detailed information on service, co-location, and resource-leveraging commitments may be included as attachments to the proposal. The Comprehensive One-Stop Career Center (COSCC) will partner with the Business Engagement and Services contractor to administer Individual Training Accounts (ITAs) for Adults and Dislocated Workers. ITAs will be assigned to eligible, WIOA-enrolled customers according to their Individual Career Plans. The COSCC will provide customers with information about training providers on the Eligible Training Provider List to inform the choice of training. The COSCC will also assess participant skills, interests, and readiness for training to ensure appropriate referrals to training services, which must be approved by the Business Engagement and Services contractor. The COSCC will secure and maintain on file all necessary paperwork related to the ITAs and will coordinate with OWIB staff, the Business Engagement and Services contractor, and the contracted Sector Access Points to assure the strategic use of ITAs within priority industry sectors. At minimum 50% of ITAs will be applied toward training leading to credentials in OWIB priority sectors. 13

17 The Comprehensive One-Stop Career Center (COSCC) will also partner with OWIB s Business Engagement and Services contractor to administer On-the-Job Training contracts (OJTs). OJTs will be allocated to employers identified by the Business Engagement and Services contractor who are committed to meeting WIOA requirements and delivering high-quality on-the-job training to enrolled individuals. OJTs will be assigned to eligible, WIOA-enrolled job-seekers and workers according to their Individual Career Plans. The COSCC will assess participant skills, interests, and readiness for training to ensure referrals to appropriate OJT opportunities, which will be administered by the Business Engagement and Services contractor. The COSCC will also secure and maintain on file all necessary job-seeker and worker paperwork related to the OJTs and will coordinate with OWIB staff, the Business Engagement and Services provider, and the Sector Access Points to assure the strategic use of OJTs within priority industry sectors. The COSCC will coordinate with OWIB staff, Sector Access Points, and the Business Engagement and Services contractor to facilitate customer access to WIOA-funded cohort-based training delivered by the Access Points and Customized Training administered by the Business Engagement and Services contractor. The COSCC will demonstrate regional partnerships with providers of the full range of training services needed by clients to enter and advance along career pathways, with an emphasis on OWIB priority industry sectors. c) Rapid Response Services Rapid Response Services, as mandated by the EDD Directive WSD14-3, are services delivered to businesses and employees of companies that are experiencing downsizing through layoffs or closure and may have also been impacted by a Worker Adjustment & Retraining Notification (WARN) issued by the State of California. These services include, but are not limited to, on-site contact with employers, representatives of the affected workers (including labor unions), and the local community, providing information on and facilitating access to: appropriate short- and long-term resources for finding new jobs and/or upgrading skills; assistance with applications for Unemployment Insurance; and job search workshops and other needed group intervention activities. The Business Engagement and Services (BES) Contractor will the lead and primary contact for businesses issuing WARN notices, in conjunction with the activities of the City of Oakland s Department of Economic and Workforce Development Agency (DEWD) Economic Development staff. BES will coordinate layoff aversion and rapid response services and convene partners to provide those services. If requested, the Comprehensive One-Stop Career Center will be responsible for providing Rapid Response Services to employees these businesses. Services that may be requested by BES and provided by the COSCC include: Review affected workers assistance needs. Coordinate and conduct Rapid Response workshop presentations to assist with career transition, job search tools and skills, résumé preparation, and interviewing techniques. Assess re-employment prospects for workers in the local community, working in collaboration with the WIB s Business Engagement & Services contractor. Provide information on resources to meet the short and long-term needs of affected workers. Establish a process of referring affected employees to the COSCC and other OWIB resources. d) Outreach and Marketing The COSCC will conduct outreach and communication activities with the goal of informing the public -- including Adult and Dislocated job-seekers, workers, and businesses about the services available through the COSCC and other public education and workforce service providers, including the Sector 14

18 Access Points. Outreach and recruitment methods may include formal advertising, electronic media, flyers, brochures, word- of-mouth and other methods of program information dissemination. Providers must ensure that the outreach and recruitment is coordinated with mandated partners of the One-Stop system and with the Sector Access Points. All outreach and recruitment materials must feature approved OWIB branding and be approved by the City as System Administrator prior to publication. Providers should ensure that outreach strategies are targeted to populations identified in Section H. Bidders are encouraged to describe the extent of partnerships with community-based organizations that have established histories of serving and communicating to these populations, including organizations with a physical presence in OWIB s targeted neighborhoods. The COSCC will provide an orientation that informs individuals of the full array of services available through the One-Stop system, including all partner services conducted on-site and any other resources available to support career success, including the Sector Access Points. The orientation will include an overview of WIOA eligibility, processes and procedures. A minimum of one orientation per week will be offered, and the orientation calendar will be made available to the public. One-on-One orientations will also be made available, when necessary to ensure the accessibility of this service. e) Facility and Operations The COSCC will maintain a physical site in the City of Oakland where job-seekers, workers, and businesses can access the comprehensive services detailed in this Scope of Work. The site must be open, at minimum, Monday through Friday from 8:30 a.m. to 4:30 p.m., except on applicable City, State, and Federal holidays. Bidders should demonstrate the high level of accessibility of the COSCC site, particularly for the priority populations identified in section II.H below. The site should be conveniently accessed by public transportation. The site must be fully compliant with ADA accessibility requirements. Services must be accessible to limited English speakers through linguistically diverse staff, translated materials, interpretation services, and other means. Bidders are encouraged to demonstrate flexibility and creativity in accommodating the needs of customers with varied availability and work schedules. 2. Sector Access Points The Sector Access Points, a new service delivery model for OWIB, will coordinate sector-specific services for job-seekers, workers, and employers in one or more of OWIB s priority industry sectors (described in section I.G). The Access Points will provide career services contextualized for their industry sectors of focus and connect job-seekers and workers to the sector-related training, education, and supports they need to get good jobs and stay employed, in accordance with WIOA regulations and guidelines as well as local OWIB policies. The Access Points will work closely with City staff to fulfill OWIB s vision for high-impact sector strategies. OWIB s Strategic Plan articulates several sector strategy goals: Utilize regional labor market data and employer input to identify entry-level jobs (and the skills they require) with advancement potential in growth sectors; Convene and connect industry, education, and service providers to better define and articulate career pathway education, training, and workforce services related to these jobs and sectors; 15

19 Message to job-seekers, workers, and employers the opportunities presented by these career pathways to encourage their participation; and Increase credential attainment, job placement and retention outcomes in high-demand occupations and sectors. Under OWIB s new service delivery model of the Comprehensive One-Stop Career Center and Sector Access Points, the Access Points serve as hubs for the system s sector strategies. Each Access Point will support an employer-demand-driven system of career pathway training and job placements in one or more of the region s growth industry sectors. In this role, the Access Points serve several essential functions: Assure coordination among partners critical to sector strategy implementation, including OWIB s Business Engagement and Services provider, education and training providers, industry champions, business associations, labor organizations, community-based service providers, and others; Provide specialized workforce services designed to help job-seekers enter and advance in a priority industry sector; Receive referrals of job-seekers and workers from the COSCC and other Sector Access Points for in-sector training, education, and career services; Facilitate referrals of job-seekers and workers to the COSCC for out-of-sector training, education, and career services; Coordinate with OWIB s Business Engagement and Services provider to deliver and/or connect customers to career pathway education and training services, including access to Individual Training Accounts (ITAs), On-the-Job Training opportunities (OJTs), Cohort-Based Training, and employer Customized Training in the targeted sector(s); Coordinate with OWIB s Business Engagement and Services provider to connect job-seekers to available jobs in the target industry sector, find appropriate candidates to fill relevant BES joborders, and otherwise address the needs of employers. The Sector Access Points will be responsible for the following major work components: a) Career Services The Sector Access Points will be required to provide (in-house, via a subcontractor, and/or by referral) sector-specific Individualized Career Services. These may be provided by the bidder; by a proposed subcontractor to the bidder, described in the bidder s proposal; and/or by referral to qualified partners. WIOA Career Services include: Comprehensive and specialized assessments of the skill levels and service needs of adults and dislocated workers, which may include the following: o Diagnostic testing and use of other assessment tools o In-depth interviewing and evaluation to identify employment barriers and appropriate employment goals; Development of an individual career plan (ICP), to identify the employment goals, appropriate achievement objectives, and appropriate combination of services for the participant to achieve the employment goals in the targeted sector, including providing information on eligible providers of training services and career pathways in the sector; Group counseling; Individual counseling; Career planning; 16

20 Short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct, to prepare individuals for unsubsidized employment or training in the targeted sector; Internships and work experiences linked to careers in the targeted sector; Workforce preparation activities; Financial literacy services; Out-of-area job search assistance and relocation assistance; English language acquisition and integrated education and training programs. b) Training Services Each Sector Access Point will provide access to Training Services and subsidies for individuals who are determined to be in need of training and who select training services that are directly linked to employment opportunities in the local/regional area and that are in the sector(s) served by the Access Point. Under WIOA, career services are not a pre-requisite to receive training services. Training subsidies are limited to individuals who are unable to obtain other grant assistance for such services or require assistance beyond the assistance made available under other grant assistance programs, including federal Pell Grants. The Sector Access Points will coordinate with the Business Engagement and Services (BES) provider to facilitate customer access to ITAs, OJTs, Customized Training, and Cohort-Based Training administered by the Business Engagement and Services contractor. Access Points will also collaborate with the Comprehensive One-Stop Career Center (COSCC) to establish and implement processes for referral from the COSCC to the Access Point of customers seeking careers in the Access Point s target industry sector(s) and from the Access Point to the COSCC of customers seeking careers in other sectors. Training Services are designed as one or more courses or classes, or a structured regimen, that upon successful completion lead to: (1) a certificate, associate degree or baccalaureate degree; or (2) the skills or competencies needed for a specific job or jobs, an occupation or occupational group, or generally for many types of jobs or occupations, as recognized by employers and determined prior to training. Training may be delivered by public, private, or non-profit providers. Training Services include vocational skills training, on-the-job training, integrated vocational and academic training, skills upgrading/retraining, entrepreneurial training, pre-apprenticeship and apprenticeship training, business-customized training, job readiness training in combination with vocational training, and adult education and English language training in combination with other training services. The Access Point may also provide access to incumbent worker training or subsidized transitional jobs according to OWIB policies. The Sector Access Points will support OWIB s increased emphasis under WIOA on high-quality training and career pathways. Each Access Point will establish and maintain regional partnerships with providers of stackable training services needed by clients to enter and advance along a career pathway in the targeted OWIB priority industry sector(s). The Access Point must demonstrate career pathway training delivery and/or partnerships in, at minimum, one of the OWIB priority sectors. Letters of commitment that include detailed information on service, co-location, and resource-leveraging commitments may be included as attachments to the proposal. Training may be delivered by public, private, or non-profit providers. The Sector Access Point must demonstrate a training partnership, at minimum, with Oakland s community college district partner, the Peralta Community College District, and/or its appropriate individual colleges or departments. 17

21 Letters of commitment that include detailed information on service, co-location, and resourceleveraging commitments may be included as attachments to the proposal. The Sector Access Point will be distinguished by its development and delivery of cohort-based training to WIOA-eligible individuals, in partnership with OWIB s Business Engagement and Services (BES) provider. Cohort-based training must lead to WIOA performance outcomes in one or more of the OWIB priority industry sectors and must be provided at no cost to individuals or businesses. The Access Point, training provider (if different from the Access Point), BES, and OWIB staff will partner on the design of cohort-based training, including determination of training content, cohort size, eligibility and other factors, prior to approval of use of OWIB training funds, which will be administered by BES. The Sector Access Point will also partner with the Business Engagement and Services provider to administer Individual Training Accounts (ITAs) within the target industry sector. ITAs for training related to the Access Point s target industry sector will be assigned to eligible, WIOA-enrolled customers according to their Individual Career Plans. The Access Point will provide customers with information about relevant training providers on the Eligible Training Provider List to inform the choice of training. The Access Point will secure and maintain on file all necessary paperwork related to the ITAs. The Access Point will also assess participant appropriateness for training to ensure effective referrals to training services, which must be approved by the Business Engagement and Services contractor. Only training leading to credentials or occupational skills required for employment in the Access Point s priority industry sector will be approved. The Sector Access Point will also partner with OWIB s Business Engagement and Services contractor to administer On-the-Job Training contracts (OJTs) within the target industry sector. OJTs will be allocated to employers identified by the Business Engagement and Services contractor who are committed to meeting WIOA requirements and delivering high-quality on-the-job training in the target industry sector to enrolled individuals. OJTs will be assigned to eligible, WIOA-enrolled job-seekers and workers according to their Individual Career Plans. The Access Point will assess participant skills, interests, and readiness for training to ensure referrals to appropriate OJT opportunities, which will be administered by the Business Engagement & Services provider. The Access Point will also secure and maintain on file all necessary job-seeker and worker paperwork related to the OJTs and will coordinate with the Business Engagement & Services provider and OWIB staff to assure the strategic use of OJTs within priority industry sectors. c) Rapid Response Services The Business Engagement and Services (BES) Contractor will be the lead and primary business contact for layoff aversion and rapid response services and will convene and coordinate with partners to provide those services. If requested, the Sector Access Points will be responsible for providing industry sector-specific Rapid Response Services to employees in these businesses. Services that may be requested by BES and provided by the Access Points include: Review affected workers assistance needs. Coordinate and conduct Rapid Response workshop presentations to assist with career transition, job search tools and skills, résumé preparation, and interviewing techniques. Assess re-employment prospects for workers in the local community, working in collaboration with the WIB s Business Engagement and Services contractor. Provide information on resources to meet the short and long-term needs of affected workers. Establish a process of referring affected employees to the COSCC and other OWIB resources. 18

22 d) Outreach and Marketing Each Sector Access Point will conduct outreach and marketing activities with the goal of informing the public -- including Adult and Dislocated job-seekers, workers, and businesses about opportunities in the sector and about services available through the Access Point and its partners. Outreach and recruitment methods may include formal advertising, electronic media, flyers, brochures, word- ofmouth and other methods of program information dissemination. Providers must ensure that the outreach and recruitment is coordinated with the Comprehensive One-Stop Career Center. All outreach and recruitment materials must feature approved OWIB branding and must be approved by the City as System Administrator prior to publication. Providers should ensure that outreach strategies are targeted to populations identified in Section D. Bidders are encouraged to describe the extent of partnerships with community-based organizations that have established histories of serving and communicating to these populations, including organizations with a physical presence in OWIB s targeted neighborhoods. Bidders are encouraged to identify marketing strategies that message the accessibility of the sector(s) and the opportunities they present for the priority populations. Each Access Point will provide an orientation that informs individuals about the regional job market in the sector; opportunities for training, entry, and advancement; and the full array of services available to job-seekers and workers in the sector, as well as to the other resources available to out-of-sector job-seekers, including the Comprehensive One-Stop Career Center. The orientation will include an overview of WIOA eligibility, processes and procedures. A calendar of regularly-scheduled orientation sessions will be made available to the public. One-on-One orientations must also be made available, when necessary to ensure the accessibility of this service. e) Facility and Operations The Sector Access Point will maintain at least one physical site in the City of Oakland where jobseekers, workers, and businesses can learn about opportunities in the sector(s) and access services described in this Scope of Work. Bidders may propose to offer a range of career and training services at multiple sites, on the condition that a high level of coordination and connectivity is demonstrated that will assist the customer in navigating and accessing the services. Services need not be delivered at a single one-stop location. Bidders should demonstrate the high level of accessibility of the Access Point site(s), particularly for the priority populations identified in section II.H below. Each site should be conveniently accessed by public transportation. Each site must be fully compliant with ADA accessibility requirements. Services must be accessible to limited English speakers through linguistically diverse staff, translated materials, interpretation services, and other means. Bidders are encouraged to demonstrate flexibility and creativity in accommodating the needs of customers with varied availability and work schedules. H. Populations to Be Served Eligibility criteria for Adult and Dislocated Worker activities can be found in the Workforce Innovation and Opportunity Act (WIOA) in Section 3 (Definitions). To be an eligible Adult participant, an individual must be 18 years of age or older and provide documentation of Social Security Number, compliance with Selective Service requirements, and compliance with citizenship and eligibility to work requirements. To be an eligible Dislocated Worker participant, an individual must have been terminated or laid off, or have received a notice of termination or layoff, from employment; have 19

23 been self-employed, but be unemployed as a result of general economic conditions; or be a displaced homemaker. WIOA and the California Workforce Development Board (CWDB) give priority of service to several populations, including veterans, adults on public assistance, other low-income individuals, and individuals who are basic skills deficient, including limited English speakers. In addition, the Oakland WIB has identified the following local priority populations: Individuals residing in Oakland neighborhoods with the highest rates of unemployment Individuals re-entering the workforce from the criminal justice system Individuals with limited English speaking ability Under WIOA, individualized career services and training services must be given on a priority basis, regardless of funding levels, to members of these priority populations. Contractors will be asked to prioritize and document services to these populations and to comply with WIOA and OWIB priority of service policies. I. Required and Recommended Partnerships 1. Comprehensive One-Stop Career Center Partners WIOA mandates that the Comprehensive One-Stop Career Center (COSCC) provider establish and demonstrate in a signed Memorandum of Understanding (MOU) the following partnerships. The COSCC will develop an Operating Agreement and a Resource Sharing Agreement with each mandated One-Stop Partner, in accordance with WIOA guidelines and regulations. Bidders should describe the extent of these partnerships, including any co-location, co-enrollment, shared use of CalJOBS, cost sharing, or referral agreements to facilitate client access. Bidders are encouraged to identify innovative strategies to expand service access and leverage resources across providers in ways that positively impact job-seeker, worker, and employer outcomes. WIOA-mandated partnerships include the following: Wagner-Peyser Act Employment Development Department (EDD) Unemployment Compensation Veterans Workforce Programs Trade Adjustment Assistance (TAA) Job Corps Adult Education and Literacy Programs under Rehabilitation Act Department of Housing and Urban Development Native American Programs Title V of the Older Americans Act of 1965 Community Development Block Grant Title 1 Dislocated Worker and Youth Programs Small Business Development Centers Second Chance TANF In addition to these mandated partnerships, the COSCC provider may propose to partner with additional organizations for the benefit of job-seekers and businesses. Bidders are encouraged to 20

24 describe the extent of these partnerships and their anticipated impact. Examples of non-mandated partnerships include: Employment and training programs administered by the Social Security Administration, Small Business Administration, Supplemental Nutrition Assistance Program (SNAP), and other federal programs Programs authorized under the National and Community Service Act of 1990, such as AmeriCorps and Senior Corps Local employers and industry associations West Oakland Job Resource Center EASTBAYWorks Local community- based, faith-based, and/or non-profit organizations, particularly those that address the needs of WIOA and OWIB priority populations. Bidders are not required to attach signed MOUs to the proposal; however, a MOU with all mandated partners will be required by no later than 3 months following a signed COSCC contract. Letters of commitment that include detailed information on service, co-location, and resource-leveraging commitments may be included as attachments to the proposal. The COSCC will maintain a highly collaborative relationship with the Sector Access Points to be identified through this RFP process. COSCC and Access Point staff will facilitate cross-referrals of jobseekers and workers seeking training and career services in the Access Points targeted sectors. 2. Access Point Partners OWIB s Sector Access Points are not mandated by WIOA to demonstrate partnerships; however, the Access Point model necessitates meaningful partnerships with diverse service providers to support positive job-seeker, worker, and employer outcomes. Bidders should describe the extent of these partnerships, including any co-location, co-enrollment, shared use of CalJOBS, cost sharing, or referral agreements to facilitate client access. Bidders are encouraged to identify innovative strategies to expand service access and leverage resources across providers in ways that positively impact jobseeker, worker, and employer outcomes. Bidders are not required to attach signed MOUs to the proposal; however, letters of commitment that include detailed information on service, co-location, and resource-leveraging commitments may be included as attachments to the proposal. Access Points are encouraged to engage the following partners: WIOA-mandated partners (via the Comprehensive One-Stop Career Center) Targeted-sector businesses and industry associations Targeted-sector training and education providers Targeted-sector unions and labor-management education funds Targeted-sector pre-apprenticeship and apprenticeship programs Regional sector partnerships Community-based organizations with a strong track record of working with and benefiting WIOA and OWIB priority populations The Access Points will maintain a highly collaborative relationship with the Comprehensive One-Stop Career Center (COSCC) to be identified through this RFP process. COSCC and Access Point staff will facilitate cross-referrals of job-seekers and workers seeking training and career services within Access Point s targeted sector(s). 21

25 3. OWIB Workforce System Partnerships The Comprehensive One-Stop Career Center (COSCC) and Sector Access Points will partner with OWIB s Youth Services and Business Engagement and Services (BES) contractors to be identified through this RFP process. These deep partnerships will realize OWIB s vision of an integrated service delivery system benefiting job-seekers, workers, and businesses by enabling effective co-location and coordination of services; leveraging of organizational strengths and resources; and referrals of customers to the most appropriate services. Examples of Adult and Dislocated Worker Services collaboration with other OWIB system partners include: Referrals of youth ages who contact the COSCC or a Sector Access Point and would be better served by a Youth Services contractor; Access to online job announcements posted by the Business Engagement and Services provider, who prescreens job-ready candidates and connects them directly to the employer; Coordinated marketing of OWIB services inclusive of Youth and Business Services to the broader community. The COSCC, Sector Access Points, Youth Services providers, Business Engagement and Services provider, and OWIB staff will work together to create and maintain a comprehensive system of workforce development services serving Oakland s job-seekers, workers, and businesses, with a focus on OWIB priority industry sectors and career pathways. Representatives of the COSCC, Sector Access Point, Youth Services, and BES contractors will be required to participate in mandatory biweekly meetings, for the purpose of relationship-building, information-sharing, design and implementation of collaborative programming, individual case review, service referrals, and realization of a coordinated system of service delivery. OWIB staff will convene these meetings, which will rotate among the contractors service locations. 4. Regional Partnerships WIOA places enhanced emphasis on regional workforce development strategies and partnerships. Local WIBs are required to engage in regional planning, establish and coordinate regional service strategies, develop sector partnerships for in-demand sectors or occupations in the region, and collect and analyze regional labor market and performance data. OWIB and its regional WIB partners Alameda County WIB, Contra Costa County WIB, and Richmond WIB participate in the EASTBAY Works network. The mission of EASTBAY Works is to advance the economic well-being of the region by developing and maintaining a skilled workforce. EASTBAY Works supports customer-focused collaboration among employment, training, economic development, and educational partners working together to meet the needs of employers, job-seekers and workers. Each OWIB contractor will be required assign a representative to participate in monthly meetings of EASTBAY Works. OWIB contractors will be expected to align service delivery strategies, share information on available resources, and take active roles in the design and implementation of regional initiatives facilitated by EASTBAY Works. OWIB is an active participant in multiple regional initiatives, including the Career Pathways Trustfunded East Bay Career Pathways Consortium, East Bay Slingshot, Design It Build It Ship It, and others. The COSCC and Sector Access Points will join OWIB in supporting these initiatives, coordinating services, leveraging funding, sharing and utilizing data, and connecting individuals and businesses to resources. Bidders are encouraged to describe commitments to this regional work, and to demonstrate understanding of and/or involvement in regional initiatives. Letters of commitment that 22

26 include detailed information on initiative involvement and service, co-location, and resourceleveraging commitments may be included as attachments to the proposal. 5. Other Recommended Partnerships In addition to the partners listed above, the following potential partners are also recommended: Employment and training programs administered by Social Security Administration, Small Business Administration, Supplemental Nutrition Assistance Program (SNAP), and other federal programs Programs authorized under the National and Community Service Act of 1990, such as AmeriCorps and Senior Corps Industry associations Local CBOs, particularly those that address the needs of WIOA and OWIB priority populations. Targeted-sector businesses and industry associations Targeted-sector training and education providers Targeted-sector unions and labor-management education funds Targeted-sector pre-apprenticeship and apprenticeship programs Regional targeted-sector initiatives J. Performance Measurement and Accountability 1. Data Collection and Reporting Contracted Adult and Dislocated Worker Services providers will be responsible for providing client and program data under policies and guidelines established by WIOA, OWIB, the State of California and the federal government, and administered by the City of Oakland. The contractors will be required to: Utilize CalJOBS, an internet-based system used throughout the State of California, as the system of record for Adult and Dislocated Worker Services participant tracking. 2 Ensure complete, accurate and timely data entry in compliance with WIOA. Gather and maintain all required participant eligibility documentation, which will be subject to ongoing local and State monitoring and verification. Report program participant information, including WIOA tracking and follow-up data. Prepare monthly and quarterly performance reports as required by WIOA and as may be requested by City staff, OWIB, and OWIB committees. Prepare monthly financial and training expenditure reports, along with supporting documentation as required by the City. Reports generated from CalJOBS will be utilized to determine program performance by OWIB and the State of California; therefore, knowledge of the system, accuracy and timely entry of information are critical. OWIB will provide technical assistance and mandatory staff training on CalJOBS system input. It will be the contractor s responsibility to ensure on-going staff expertise and cooperation. 2. File Maintenance and Documentation Contracted Adult & Dislocated Worker Services providers will maintain a case file for each WIOAenrolled participant. Case files must include all required documentation, including documentation of 2 To access CalJOBS, type this address into your web browser 23

27 program eligibility, assessments, CalJOBs printed forms and case notes, training paperwork, attendance records, etc., as appropriate. OWIB will provide technical assistance and mandatory staff training on WIOA program eligibility, priority of service, documentation, file maintenance, and performance and financial reporting. It will be the contractor s responsibility to ensure on-going staff expertise and cooperation. 3. Monitoring OWIB staff will monitor, audit, and evaluate program activities throughout the funding period. Youth Services providers must allow OWIB staff access to all files and records relating directly to WIOA funds, including participant case files, fiscal documents and other related records. 4. Required Performance Measures WIOA establishes core performance measures for Adult and Dislocated Worker services (including Title II, Title III, and Title IV); and a business-services-related measure is expected to be developed. WIOA performance measures are designed to measure the effectiveness and continuous improvement of the workforce service delivery system, and the contracting agency will be required to collect and report data through CalJOBS pertaining to these measures. Performance measures are subject to change at any time, and the OWIB may set performance benchmarks or implement additional measures in response to regulations or local need. At the time of issuance of this RFP, the proposed WIOA Adult & Dislocated Worker performance measures are: Unsubsidized employment in the second quarter after the exit quarter. Unsubsidized employment in the fourth quarter after the exit quarter. Earnings after entry into unsubsidized employment measured as median earnings in the second quarter after the exit quarter. Percentage of participants who obtain a recognized credential or secondary diploma during participation or within one year after exit. Percentage of participants who achieve measurable gains in education leading to credential or employment during the program year. A measure of effectiveness in serving employers (potentially including employee retention rates, rates of repeated employer use of program, and share of all employers in a labor market served) is expected to be developed and implemented by the U.S. Department of Labor (USDOL) by July USDOL s Notice of Proposed Rule-Making also considers tracking of supplemental customer services indicators. Additionally, the OWIB develops local performance measures and will set specific targets to evaluate Adult Service providers effectiveness at serving local populations. Additional data requested many include individuals barriers to employment, such as English-Language-Learner and Ex-Offender status; businesses engaged by sector; and use of training and work experience dollars by sector. Adult and Dislocated Worker Services contractors may be required to track and report on any or all of these supplemental outcome measures. OWIB staff will monitor, audit, and evaluate program activities throughout the funding period. The Adult and Dislocated Worker Services contractors and sector access points must allow OWIB staff access to all files and records relating directly to WIOA funds, including database records, fiscal documents and other related records. 24

28 III. Proposal Requirements A. General Information 1. The successful proposer selected for this service shall obtain or provide proof of having a current City of Oakland Business Tax Certificate. 2. The City Council reserves the right to reject any and all bids. 3. Local and Small Local Business Enterprise Program (L/SLBE)- not applicable, but 50% L/SLBE participation is strongly encouraged a) Requirement For Professional Services, 50% Local and Small Local Business Enterprise Program (L/SLBE): there is a 50% minimum participation requirement for all professional services contracts over $50,000. Consultant status as an Oakland certified local or small local firm and subcontractor/subconsultant status as an Oakland certified local or small local firm are taken into account in the calculation. The requirement may be satisfied by a certified prime consultant and/or sub-consultant(s). A business must be certified by the City of Oakland in order to earn credit toward meeting the fifty percent requirement. The City has waived small local business enterprise (SLBE) subcontracting requirements for Oakland certified local businesses that apply for professional services contracts as the prime consultant with the City. The SLBE requirements still applies for non-certified LBEs and non-local business enterprises. b) Good Faith Effort - In light of the fifty percent requirement, good faith effort documentation is not necessary. c) Preference Points Preference points are earned based on the level of participation proposed prior to the award of a contract. Upon satisfying the minimum fifty percent requirement, a consultant will earn two (2) preference points. Three additional preference points may be earned at a rate of one point for every additional ten percent participation up to eighty percent participation of the total contract dollars spent with local Oakland certified firms. d) A firm may earn up to five (5) preference points for local Oakland business participation and additional preference points for being a long term certified business in Oakland regardless of size and for having an Oakland workforce. e) In those instances where Very Small Local Business Enterprise (VSLBE) participation is evident, the level of participation will be double-counted towards meeting the requirement. f) Additional Preference Points for Request for Proposals (RFP) may be earned for having an Oakland resident workforce. Prime consultants seeking additional preference points for having an Oakland resident workforce must submit a completed Schedule E-2 titled the Oakland Workforce Verification Form no more than 4 days after the proposal due date. A copy of Schedule E-2 is found on index.htm. g) Earning extra preference points for having an existing work force that includes Oakland residents is considered added value. The Request for Proposal evaluation process allows for additional preference points over and above the number of points earned for technical expertise. Typically 100 points may be earned for the technical elements of the RFP. Preference points are awarded over and above the potential 100 points. 25

29 h) The Exit Report and Affidavit (ERA) This report declares the level of participation achieved and will be used to calculate banked credits. The prime consultant must complete the Schedule F, Exit Report and Affidavit for, and have it executed by, each L/SLBE sub consultant and submitted to the Office of the City Administrator, Contracts and Compliance Unit, along with a copy of the final progress payment application. i) Joint Venture and Mentor Protégé Agreements. If a prime contractor or prime consultant is able to develop a Joint Venture or Mentor-Protégé relationship with a certified LBE or SLBE, the mentor or Joint Venture partners will enjoy the benefit of credits against the participation requirement. In order to earn credit for Joint Venture or Mentor-Protégé relationships, the Agreement must be submitted for approval to the Office of the City Administrator, Contracts and Compliance Unit, prior to the project bid date for construction, and by proposal due date for professional services contracts. Joint Venture Applications and elements of City approved Mentor Protégé relation are available upon request. j) Contractor shall submit information concerning the ownership and workforce composition of Contractor s firm as well as its subcontractors and suppliers, by completing Schedule D, Ownership, Ethnicity, and Gender Questionnaire, and Schedule E, Project Consultant Team, attached and incorporated herein and made a part of this Agreement. k) All affirmative action efforts of Contractor are subject to tracking by the City. This information or data shall be used for statistical purposes only. All contractors are required to provide data regarding the make-up of their subcontractors and agents who will perform City contracts, including the race and gender of each employee and/or contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question. l) In the recruitment of subcontractors, the City of Oakland requires all contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland s business community. The City Administrator will track the City s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. m) In the use of such recruitment, hiring and retention of employees or subcontractors, the City of Oakland requires all contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland s business community. 4. The City s Living Wage Ordinance This Agreement is subject to the Oakland Living Wage Ordinance. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service Contractors (contractors) of the City and employees of CFARs (Ord , 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: 26

30 a) Minimum compensation Said employees shall be paid an initial hourly wage rate of $12.53 with health benefits or $14.40 without health benefits. These initial rates shall be upwardly adjusted each year no later than April 1 in proportion to the increase at the immediately preceding December 31 over the year earlier level of the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. Effective July 1st of each year, Contractor shall pay adjusted wage rates. b) Health benefits Said full-time and part-time employees paid at the lower living wage rate shall be provided health benefits of at least $1.87 per hour. Contractor shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance. c) Compensated days off Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees. The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year. d) Federal Earned Income Credit (EIC) - To inform employees that he or she may be eligible for Earned Income Credit (EIC) and shall provide forms to apply for advance EIC payments to eligible employees. For more information, web sites include but are not limited to: (1) and 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. 27

31 5. Minimum Wage Ordinance Oakland employers are subject to Oakland s Minimum Wage Law whereby Oakland employees must be paid the current Minimum Wage rate. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site. The law requires paid sick leave for employees and payment of service charges collected for their services. For further information, please go to the following website: 6. Equal Benefits Ordinance This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City Contractors (contractors) between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. (Ord (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 (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 7. Prompt Payment Ordinance OMC Section 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 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 28

32 subcontractors notify the Liaison in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City of Oakland Liaison upon the filing of a compliant. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, Contractor and its subcontractors, are required to file notice with the City of release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each. Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with a contractor or subcontractor that delivers goods and/or services pursuant to or in connection with a City of Oakland purchase contract. Prompt Payment invoice and claim forms are available at the following City of Oakland website: Administration/d/CP/s/FormsSchedules/index.htm or at Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA Invoice and claim inquiries should be directed to Vivian Inman, City of Oakland Prompt Payment Liaison, or vinman@oaklandnet.com. 8. Non-Discrimination/Equal Employment Practices Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, Contractor agrees as follows: a) Contractor and Contractor s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b) Contractor and Contractor s Sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive 29

33 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 subcontractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question. h) The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment. i) In the recruitment of subcontractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland s business community. The City Administrator will track the City s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. j) In the use of such recruitment, hiring and retention of employees or subcontractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland s business community. 9. Arizona and Arizona-Based Businesses Contractor agrees that in accordance with Resolution No C.M.S., neither it nor any of its subsidiaries, affiliates or agents that will provide services under this agreement is currently 30

34 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 Contractor acknowledges its duty to notify Contracts and Compliance Division, Office of the City Administrator if it s Business Entity or any of its subsidiaries affiliates or agents subsequently relocates its headquarters to the State of Arizona. Such relocation shall be a basis for termination of this agreement. 10. Pending Dispute Disclosure Policy: Contractors are required to disclose pending disputes with the City of Oakland or Redevelopment Agency when they are involved in submitting bids, proposals or applications for a City or Agency contract or transaction involving professional services. This includes contract amendments. Contractor agrees to disclose, and has disclosed, any and all pending disputes to the City prior to execution of this agreement. The City will provide a form for such disclosure upon Contractor s request. Failure to disclose pending disputes prior to execution of this amendment shall be a basis for termination of this agreement. 11. City of Oakland Campaign Contribution Limits This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implementing regulations if it requires Council approval. The City of Oakland Campaign Reform Act prohibits Contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. If this Agreement requires Council approval, Contractor must sign and date an Acknowledgment of Campaign Contribution Limits Form. 12. Nuclear Free Zone Disclosure Contractor represents, pursuant to the combined form Nuclear Free Zone Disclosure Form that Contractor is in compliance with the City of Oakland s restrictions on doing business with service providers considered nuclear weapons makers. Prior to execution of this agreement, Contractor shall complete the combined form, attached hereto. 13. Sample Professional Service Agreement This Agreement is subject to the attached Sample Professional Service Agreement. 14. Insurance Requirements The Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of the Contractor s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute grounds for rescission of the contract award. The Contractor shall name the City of Oakland, its Council members, directors, officers, agents, employees and volunteers as additional insured in its Comprehensive Commercial General Liability and Automobile Liability policies. If Contractor submits the ACORD Insurance Certificate, the additional insured endorsement must be set forth on a CG form and/or CA Designated Insured Form (for business auto insurance). Please Note: A statement of additional insured endorsement on the ACORD insurance certificate is insufficient and will be rejected as proof of the additional insured requirement. 31

35 Unless a written waiver is obtained from the City s Risk Manager, Contractors must provide the insurance as found at 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 City Contractor Performance Evaluation At the end of the project, the Project Manager will evaluate the Contractor s Performance in accordance with the City Contractor Performance Evaluation program. 16. Violation Of Federal, State, City/Agency Laws, Programs Or Policies: The City or Agency may, in their sole discretion, consider violations of any programs and policies described or referenced in this Request for Proposal, a material breach and may take enforcement action provided under the law, programs or policies, and/or terminate the contract, debar contractors from further contracts with City and Agency and/or take any other action or invoke any other remedy available under law or equity. 17. Contractor s Qualifications Contractor represents that Contractor has the qualifications and skills necessary to perform the services under this Agreement in a competent and professional manner without the advice or direction of the City. Contractor s services will be performed in accordance with the generally accepted principles and practices applicable to Contractor s trade or profession. The Contractor warrants that the Contractor, and the Contractor s employees and sub-contractors are properly licensed, registered, and/or certified as may be required under any applicable federal, state and local laws, statutes, ordinances, rules and regulations relating to Contractor s performance of the Services. All Services provided pursuant to this Agreement shall comply with all applicable laws and regulations. Contractor will promptly advise City of any change in the applicable laws, regulations, or other conditions that may affect City s program. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all of the services required under this Agreement will constitute a material breach of the Agreement and may be cause for termination of the Agreement. Contractor has complete and sole discretion for the manner in which the work under this Agreement is performed. Prior to execution of this agreement, Contractor shall complete the Independent Contractor Questionnaire, Part A, attached hereto. 18. All responses to the RFP become the property of the City. To withhold financial and proprietary information, the bidder must label each page as "confidential" or "proprietary". Although a document may be labeled "confidential" or "proprietary", information is still subject to disclosure under the Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on the potential impact of the public s interests whether or not to disclose "confidential" or "proprietary" information. 19. The RFP does not commit the City to award a contract or to pay any cost incurred in the preparation of the proposal. 32

36 20. The City reserves the sole right to evaluate each proposal and to accept or reject any or all proposals received as a result of the RFP process. 21. The City reserves the unqualified right to modify, suspend, or terminate at its sole discretion any and all aspects of the RFP and/or RFP process, to obtain further information from any and all Contractor teams and to waive any defects as to form or content of the RFP or any responses by any contractor teams 22. The City may require a service provider to participate in negotiations and submit technical information or other revisions to the service provider s qualifications as may result from negotiations. 23. Once a final award is made, all RFP responses, except financial and proprietary information, become a matter of public record and shall be regarded by the City as public records. The City shall not in any way be liable or responsible for the disclosure of any such records or portions thereof if the disclosure is made pursuant to a request under the Public Records Act or the City of Oakland Sunshine Ordinance. 24. The Fair Political Practices Act and/or California Government Code Section 1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers firm, or any immediate family of the preceding, or any sub Contractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a Contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and RFPs, feasibility studies, master plans or preliminary discussions or negotiations. B. Proposal Review Process All proposals received will be screened initially for compliance with RFP requirements. Proposals that are not received by the submission deadline; fail to follow the required format; or fail to include all necessary information as requested will not proceed in the review process. All proposals that pass the initial compliance screening will be evaluated based upon consistent selection criteria. Only information submitted as part of this bid will be considered in the review process. Proposals will be evaluated by an Independent Review Panel comprised of individuals with relevant expertise from outside the Oakland area. Short-listed applicants may be invited to participate in an in-person presentation/interview. OWIB staff will conduct reference checks on finalists. The Independent Review Panel will score the proposals received and recommend the most qualified bidder(s) to the full OWIB for a decision, and the Oakland City Council will give final approval of contract awards. C. Submittal Requirements Proposals must be submitted both via and in hard copy. submissions should be sent to owdbrfp@oaklandnet.com and must be sent no later than 2:00 PM on Tuesday, March 8, In addition, proponents must submit six (6) hard copies of the proposal. Hard copies of proposals are due on March 8, 2016 at the Department of Contracts and Compliance, Office of the City 33

37 Administrator, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA time stamped by no later than 2:00 P.M. All proposals submitted via U.S. Mail or common carrier must be delivered in a sealed package with the project name, submittal date, time and location of the proposals on the outside of the package or the documents. D. Required Proposal Elements and Format A proposal checklist is included as Appendix A. Bidders should refer to and organize the proposal packet in the manner outlined in this checklist. 1. Cover Sheet The Cover Sheet form (Appendix B-1) must be completed by the bidder, signed by the bidder s authorized representative, and submitted as an attachment. 2. Proposal Narrative The Proposal Narrative must provide a straightforward, concise delineation of the proponent s ability to satisfy the requirements of this RFP, with emphasis on conformance to the RFP instructions, responsiveness to the RFP requirements, and completeness and clarity of content. 3. Workplan/Timeline The Workplan/Timeline form (Appendix B-2) must be completed and submitted as an attachment. The Workplan/Timeline should concisely detail the proposed activities and timeline related to startup, implementation and reporting, including roles and responsibilities of individual staff and subcontractors. 4. Service Elements Delivery Plan The Service Elements Delivery Plan form (Appendix B-3) must be completed and submitted as an attachment. The Service Elements Delivery Plan indicates which of the required service elements will be provided directly by the bidder, or whom the bidder will partner with or subcontract to deliver these services. The Plan also indicates whether a Letter of Commitment is included with the proposal as an attachment. 5. Client Flow Chart The bidder is asked to create and submit as an attachment a Client Flow Chart that illustrates the sequence of services to be received by an Adult or Dislocated Worker client. 6. Performance Outcomes Form The Performance Outcomes Form (Appendix B-4) must be completed and submitted as an attachment. 34

38 The Performance Outcomes Form indicates the bidder s proposed one-year outcomes for each OWIB outcome measure provided. 7. Proposal Budget Form The Proposal Budget Form (Appendix B-5) must be completed by the bidder and by each subcontractor and submitted as an attachment. Information in the Form should describe a one-year program budget. 8. Budget Narrative The Budget Narrative must concisely and clearly describe all program costs for which OWIB funds are requested, including proposed contractor and subcontractor costs. Each line item amount should be described with clear and sufficient cost rationale, including the figures (number of hours, rates, %, etc.) used to determine the cost. (For example, rationale for staff wages may be: 37.5 $26/hour for 41 weeks = $39,975. Rationale for benefits expenses may be: 32% of salaries, including 20% medical insurance, 7% disability, 5% dental.) Leveraged funds (such as the cash match requirement of 15%) should also be described, including source, amount, proposed use, and whether the funds are secured or proposed. This section should describe: a. Other costs listed in the Budget Detail Form b. Justification of the percent of total funds spent on participant expenses c. Budget assumptions d. Sources of other resources e. In-kind resources f. Other budget information you would like the review committee to know 9. Past/Current Contracts Form The Past/Current Contracts Form (Appendix B-6) must be completed by the bidder and submitted as an attachment. The Past/Current Contracts Form provides information on up to four current and four past contracts received by the bidder; the funders; amounts; dates; outcomes attained; and contact person. Subcontractors are not required to provide past/current contract information. 10. Schedule E - Project Consultant Team Schedule E (Appendix B-7) must be completed by the bidder and submitted as an attachment. An interactive version of this form can be downloaded from the City of Oakland Contracts and Compliance website: or a copy may be requested from Paula Peav at ppeav@oaklandnet.com or (510) The Project Consultant Team listing must list the addresses, telephone numbers and areas of expertise for each proposed subcontractor. It must identify which contractors are MBE, WBE, Local Business Enterprises (LBE) and Small Local Business Enterprise (SLBE). All LBEs/SLBEs, whether the bidder or a proposed subcontractor, must submit a copy of the current business license and date established in Oakland. 35

39 11. Resumes/Job Descriptions The bidder is required to submit a resume or job description for all key personnel, including staff of the bidder and any proposed subcontractors. Each resume or job description must not exceed 2 pages. 12. Organizational Chart The bidder is required to create an organizational chart that indicates all positions described in the proposal; the relationships between these positions and the bidder s organizational structure; and the relationships between the bidder and subcontractors. 13. Letters of Commitment/Memoranda of Understanding The bidder is required to document the proposed relationship with each subcontractor by submitting either a signed Letter of Commitment from each proposed subcontractor, or a Memorandum of Understanding (MOU) signed by the bidder and the proposed subcontractor(s). The Letter of Commitment or MOU must detail the roles, responsibilities and commitments of each partner. 14. Schedule O - Campaign Contribution Limits Schedule O (Appendix B-8) must be completed by the bidder and submitted as an attachment. An interactive version of this form can be downloaded from the City of Oakland Contracts and Compliance website: or a copy may be requested from Paula Peav at ppeav@oaklandnet.com or (510) Acknowledgement of Addenda If an addendum to the RFP has been issued, the bidder must sign the addendum and submit it as an attachment. E. Rejection of Proposal Elements The City reserves the right to reject any or all proposals, whether or not minimum qualifications are met, and to modify, postpone, or cancel this RFP without liability, obligation, or commitment to any party, firm, or organization. The City reserves the right to request and obtain additional information from any candidate submitting a proposal. A proposal may be rejected for any of the following reasons: Proposal received after designated time and date. Proposal not in compliance with the City of Oakland Local/Small Local Business Enterprise Program. Proposal not containing the required elements, exhibits, nor organized in the required format. Proposal considered not fully responsive to this RFP. F. Evaluation of Proposals 36

40 Proposals will be evaluated according to the following criteria: Criteria Organizational Experience and Capacity Application must provide evidence that the applicant and its required partners have the fiscal, administrative and performance management capacity to administer funding streams. Scoring under this criterion will be based on the extent to which applications provide: o Ability to manage and maintain fiscal records, including experience with federal funds and cost allocation. o Adequate and qualified staff o Capacity to track required deliverables and generate the required reports Mission, history, accomplishments Organization structure and staffing (see Org Chart) Relevant programs and services, and their recent outcomes Administrative and data management experience and capacity Fiscal management experience and capacity Facilities Experience related to OWIB system and providers Summary information on proposed subcontractors Program Description Proposal must demonstrate that the applicant has experience serving target population. Applicant must provide program evaluations or reviews and previous contract experiences. Summary Target population, outreach and marketing plan Proposed sector strategies and business engagement Effective strategy to recruit eligible participants Proposed client services and flow (see Client Flow Chart, Service Elements Delivery Plan) Description of follow-up services and tools to measure customer satisfaction. Proposed sector strategies and business engagement Proposed Work Plan and Timeline (see attached) Previous contract experience Innovative approaches Existing and Proposed Program Staffing Roles and experience, by position (see attached Resumes, Job Descriptions) Training plan Subcontractors and Other Partners Proposed subcontractor capacity, experience, and ability to contribute to performance outcomes (see attached Letters) Partnerships with OWIB system providers Maximum Point Value

41 Contributions of other proposed partners (see attached Letters/MOUs) Partnerships with employers Outcomes, Data Collection, Reporting and Monitoring 25 Proposed performance outcomes (see attached), including justification if not consistent with past/current performance on similar contracts Proposed data collection systems and procedures Proposed quality assurance and monitoring of subcontractors Proposed evaluation and continuous improvement strategies Past/current performance on similar contracts (see Past/Current Contracts Form) Proposal demonstrates provider understands WIOA performance measures. Budget and Budget Narrative 20 Applicant must show a strong understanding of WIOA financial procedures and fiscal management. Scoring criteria for this section will be based on the following categories: o Description of process to support proposed activities with sufficient project operational budgets. o Description of fiscal management experience and the use of fiscal controls. o Describe budget justification and demonstrative sufficient understanding of WIOA cost definitions and cost reimbursement contracts. Budget Form Budget Narrative, including: o Justification of costs Sources of non-wioa funds, including whether proposed or confirmed TOTAL 100 In addition to the criteria detailed above, proposals will be evaluated based upon the following: Bidder must demonstrate the ability to provide the solicited services at a reasonable cost per customer served. Costs will be evaluated in terms of competitiveness, as well as in terms of the quality and impact of services to be delivered. Bidder must demonstrate management capacity necessary to effectively and efficiently deliver the solicited services, including capacity to: o Deliver high-quality services resulting in high customer satisfaction o Achieve contract objectives o Meet or exceed state WIOA performance standards o Maintain appropriate and auditable records o Self-monitor for contract and regulatory compliance Bidder must demonstrate financial capacity necessary to manage and track multiple funding streams, including capacity to: o Maintain separate accounting records for the WIB contract, and track costs in sufficient detail to determine compliance with laws and contract requirements o Maintain fiscal controls, accounting procedures, and financial reporting in accordance with Generally Accepted Accounting Principles (GAAP) and City requirements o Respond effectively to changes in fund availability o Make available accounting records upon request for examination, audit, and determination of compliance 38

42 G. Interviews of Short-Listed Firms Interviews of short-listed qualified bidders may be held if a selection is not made from the evaluation phase. Bidders selected for an interview will be notified in writing and may be required to submit supplemental materials prior to the interview. Interviews will last approximately 60 minutes, with time allocated equally between the team s presentation and a question-and-answer period. The teams should be prepared to discuss at the interview their specific experience providing services similar to those described in the RFP, project approach, estimated work effort, available resources, and other pertinent areas that would distinguish them. Interviews will be held at a City of Oakland office or via phone (exact location to be determined). Interviews will be evaluated according to the following criteria: Criteria Maximum Point Value Presentation 35 Relevant Experience Qualifications Organization Approach Other Factors Proposal Score (Points up to a maximum allowance of 40 points will be 40 allocated proportionally based upon initial proposal scoring) Interview/Question-and-Answer Period 25 TOTAL 100 H. RFP Timeline (All dates are subject to change) RFP Release January 27, 2016 HIGHLY RECOMMENDED Bidder s Conference February 10, 2:00 PM Deadline for Submission of Questions February 18, 2:00 PM Responses to Questions Posted on Oakland WIB Website February 29, 2016 Proposal Submission Deadline March 8, 2:00 PM Evaluation of Proposals Week of March 14, 2016 Notification of Interviews March 21-24, 2016 Interviews, if Requested March 25-31, 2016 Award Recommendation to OWIB April 7, 2016 Award Recommendation to City Council CED Committee June 14, 2016 Award Recommendation to City Council June 21, 2016 Contract Negotiations June 22-28, 2016 Contract Document Distribution July 1, 2016 Anticipated Contract Start Date July 1, 2016 Any changes to the RFP Timeline will be noticed to all Bidder s Conference attendees, through isupplier in an addendum, on the OWIB website and lists. 39

43 I. Contract Negotiations and Award 1. The completion of this evaluation process will result in the contractor being numerically ranked. The contractor ranked first will be invited to participate in contract negotiations. Should the City and the first ranked contractor not be able to reach an agreement as to the contract terms within a reasonable timeframe, the City may terminate the negotiations and begin negotiations with the contractor that is next in line. 2. The contract amount (including reimbursements) shall be a not to exceed amount, to be established based upon a mutually agreeable Scope of Services and fee schedule. 3. The City will withhold the final 10% of contract amount pending successful completion of work. 4. Upon successful completion of the negotiations, the City Administrator will award the contract to the selected contractor. 5. A sample City standard professional services agreement is included in the RFP as referenced as Attachment A Sample Agreement. The selected contractor will be required to enter into a contract that contains similar terms and conditions as in the standard agreement. Please note that the City Attorney s Office is typically not inclined to make any modifications to the standard agreement terms and provisions. 6. Upon award the City will issue a Notice to proceed. 7. The selected contractor and its other members will be required to maintain auditable records, documents, and papers for inspection by authorized local, state and federal representatives. Therefore, the contractor and its other members may be required to undergo an evaluation to demonstrate that the contractor uses recognized accounting and financial procedures. 8. If at any point between July 1, 2016 and June 30, 2019 and for any reason a contractor s contract is terminated or not renewed, the City may begin negotiations and contract with the bidder that is next in line. J. Appeals Process Only the failure of the Office of Economic and Workforce Development to follow a procedure, requirement, or evaluation criterion set forth in this request for proposals may be grounds for appeal. All appeals must be in writing and must specify the grounds for the appeal, the facts and evidence in support thereof, and the remedy sought. Written appeals must be hand-delivered to the Executive Director of OWIB within five (5) business days after the announcement of the award recommendations. Each appeal will be reviewed and a decision delivered in writing within ten (10) business days after the deadline for the submission of appeals. END OF RFP 40

44 Appendices A. Required Proposal Checklist B. Required Proposal Forms 1. Proposal Cover Sheet 2. Workplan/Timeline 3. Service Elements Delivery Plan 4. Performance Outcomes Form 5. Program Budget Forms 6. Past/Current Contracts Form 7. Schedule E - Project Consultant Team 8. Schedule O - Campaign Contribution Limits C. Definition of Terms D. OWIB Training Services Policies and Procedures E. Sample City of Oakland Grant Agreement F. Sample Quarterly Program Report G. Stand-Alone Schedules Required Before Full Contract Execution 1. Schedule E-2 Oakland Workforce Verification 2. Schedule Q Insurance Requirements H. City Schedules and Policies 41

45 Appendix A: Required Proposal Checklist Cover Sheet Program Narrative Workplan/Timeline Form Service Elements Delivery Plan Client Flow Chart Performance Outcomes Form Program Budget Forms (for bidder and each subcontractor) Budget Narrative Documentation of Committed Cash Match Past/Current Contracts Form Schedule E Project Consultant Form Resumes/Job Descriptions Organizational Chart Letters of Commitment/Memoranda of Understanding Schedule O Campaign Contribution Limits Acknowledgement of Addenda 42

46 Appendix B-1: Cover Sheet COVER SHEET o Contact information for office, CEO/ED, Program and Fiscal contacts o Tax ID # and year incorporated o Type of organization (for-profit/non-profit/public, SLEB/etc.) o Total project budget, amount requested, amount leveraged o Program name o Program summary (400 words or less) o Program model (if appropriate for RFP) o Proposed service and training #s by geography and by sector o Certification and signature 43

47 Appendix B-2: Workplan/Timeline Applicant will be asked to complete a grid detailing activities and timeline related to start-up, implementation, and reporting; including roles and responsibilities by partner. 44

48 Appendix B-3: Service Elements Delivery Plan For Youth (and perhaps for A/DW), applicant will be asked to indicate whether it will directly provide each of the required WIOA service elements, or whom the applicant will partner with to deliver the service and if a Letter of Commitment is attached. 45

49 Appendix B-4: Performance Outcomes Form Applicant will be asked to propose one-year outcomes for each OWIB outcome measure provided. Also include cost per total clients served. 46

50 Appendix B-5: Program Budget Forms REQUEST FOR PROPOSALS WIOA Adult & Dislocated Worker Services ADULT & DISLOCATED WORKER SERVICES: PROGRAM BUDGET TEMPLATE Date Submitted: Date Received: APPLICANT INFORMATION Organization Name: Federal Tax ID Number: Type of Business: Administrative Address: City: Zip: Service Address: City: Zip: Executive Director/CEO/President: Phone: Fiscal Contact: Phone: Program Contact: Phone: SERVICE DELIVERY INFORMATION Amount Requested: Service Model Type: Total Number of Adult Participants to Serve: Cost per Adult Participant: Total Number of Proposed Adult Training: Total Number of DW Participants to Serve: Cost per DW Participant: Total Number of Proposed DW Training: Target Population(s): Geographic Area(s) to Serve: PROGRAM BUDGET TOTAL WIOA BUDGET $0 I. Direct Costs Staff Wages Staff Fringe Duplicating/Copying Equipment Space Costs Postage Materials and Supplies Telephone/Internet/Comm Travel/Transportation Staff Training Other (please identify) Total Program Cost Cash Match (15% of funds requested) 47 WIOA Share of Cost % of Program Cost Allocated to WIOA % Allocated to Adult % Allocated to Dislocated Worker TOTAL $0 $0 $0 0% 0% 0%

51 II. Indirect Costs *An organization's indirect cost plan must be developed and submitted along with this budget if funds are budgeted in the indirect costs category. Please attach a copy of the agency's Indirect Cost Negotiation Agreement. Staff Wages Staff Fringe Insurance Outside Audit Duplicating/Copying Equipment Space Costs Postage Materials and Supplies Telephone/Internet/Comm Travel/Transportation Staff Training Other (please identify) III. Administrative Costs *Administrative costs are capped at 10% Staff Wages Staff Fringe Duplicating/Copying Equipment Space Costs Postage Materials and Supplies Telephone/Internet/Comm Travel/Transportation Staff Training Other (please identify) REQUEST FOR PROPOSALS WIOA Adult & Dislocated Worker Services Total Program Cost Cash Match (15% of funds requested) WIOA Share of Cost % of Program Cost Allocated to WIOA % Allocated to Adult % Allocated to Dislocated Worker TOTAL $0 $0 $0 0% 0% 0% Total Program Cost Cash Match (15% of funds requested) WIOA Share of Cost % of Program Cost Allocated to WIOA % Allocated to Adult % Allocated to Dislocated Worker TOTAL $0 $0 $0 0% 0% 0% 48

52 Staff Wages and Benefits Organization Name: Position Title (Staff) (List each position separately) Direct Client Staff (Y=Yes) Wage* % of Time (FTE)** Total Benefits Percent of wage TOTALS Total % 0 0 Direct Client Staff: Mark "Y" (Yes) if staff is responsible in providing direct client services. This would not include MIS staff, administrative staff, supervisors, monitors, clerical, IT staff, etc., that provide "administrative and/or support" functions. * "Wage" is the net amount charged to this budget. This should equal the base wage rate for the position multiplied by the FTE %. ** "% of Time (FTE)" is the FTE (full time equivalency) for this position. For multiple staff in the same job classification the FTE % is presented as a sum of the FTE percent for the positions (e.g., One full-time case manager and one half-time case manager would have an FTE as 1.50% If additional rows are required, insert rows beginning at least two rows above "Total Staff Costs". Copy formulas from an existing row to the newly inserted rows. 49

53 Appendix B-6: Past/Current Contracts Form Include funder, amount, dates, outcomes obtained, contact for reference 50

54 Appendix B-7: Schedule E Project Consultant Form 51

55 Appendix B-8: Schedule O Campaign Contribution Limits 52

56 Appendix C: Definition of Terms Career Services: WIOA authorizes career services for adults and dislocated workers, rather than core and intensive services, as authorized by WIA. There are three types of career services : basic career services, individualized career services, and follow-up services. These services can be provided in any order; there is no sequence requirement for these services. Basic Career Services: Basic career services must be made available to all individuals seeking services served in the one-stop delivery system, and include: eligibility determination; orientation to services available through the one-stop delivery system; assessment of skill levels, aptitudes, abilities, and supportive service needs; job search, placement assistance, and career advising; workforce and labor market information; information on, and referral to, supportive services or assistance; referrals to and coordination with other programs and services; assistance regarding filing claims for unemployment compensation; assistance in establishing eligibility for financial aid assistance for training and education programs. Individualized Career Services: If one-stop center staff determine that individualized career services are appropriate for an individual to obtain or retain employment, these services must be made available to the individual. These services must be available in all one-stop centers. These services include: comprehensive and specialized assessments of skill levels and service needs; development of an individual career plan (ICP), including employment goals and appropriate combination of services for the participant to achieve the employment goals, including providing information on eligible providers of training services and career pathways; group and individual counseling; short-term prevocational services, including development of learning skills, communication skills, interviewing skills, punctuality, personal maintenance skills, and professional conduct; internships and work experiences linked to careers; financial literacy services; and English language acquisition and integrated education and training programs. Follow-up Services: Follow-up services, such as counseling about the work-place, must be provided as appropriate for participants who are placed in unsubsidized employment, for up to 12 months after the first day of employment. Comprehensive One-Stop Career Center (COSCC): The Workforce Innovation and Opportunity Act (WIOA) requires each local area to have at least one comprehensive one-stop career center that provides access to services of the core WIOA programs and other required partners. Oakland s Comprehensive One-Stop Career Center (COSCC) will provide career services and connect job-seekers and workers to the workrelated training, education, and supports they need to get good jobs and stay employed. The COSCC will work closely with City staff and other WIOA service providers to effectively implement a seamless onestop service delivery system for job seekers and business customers. Rapid Response Services: Rapid Response Services are services delivered to businesses and employees of companies that are experiencing downsizing through layoffs or closure. These services include, but are not limited to, on-site contact with employers, representatives of the affected workers (including labor unions), and the local community, providing information on and facilitating access to: appropriate shortand long-term resources for finding new jobs and/or upgrading skills; assistance with applications for Unemployment Insurance; and job search workshops and other needed group intervention activities. The Business Engagement and Services (BES) Contractor will the lead and primary contact for businesses issuing WARN notices, in conjunction with the activities of the City of Oakland s Department of Economic and Workforce Development Agency (DEWD) Economic Development staff. If requested, 53

57 Definition of Terms Continued Adult & Dislocated Worker Services providers will be responsible for providing Rapid Response Services to employees these businesses. Sector Access Points: Sector Access Points, a new service delivery model for OWIB, will coordinate sector-specific services for job-seekers, workers, and employers in one or more of OWIB s priority industry sectors. The Access Points will provide career services contextualized for their industry sectors of focus and connect job-seekers and workers to the sector-related training, education, and supports they need to get good jobs and stay employed. The Access Points will also serve as hubs for the system s sector strategies. Each Access Point will support an employer-demand-driven system of career pathway training and job placements in one or more of the region s growth industry sectors. Sector Partnerships: Sector partnerships are regional, employer-driven partnerships of industry, education and training, and other stakeholders that focus on the workforce needs of key industries in a regional labor market. OWIB has identified four industry sectors (advanced manufacturing, healthcare, information and communications technology/digital media, and transportation, distribution, and logistics) to be prioritized for service strategies under contracts. Adult & Dislocated Worker Services providers will coordinate with OWIB staff, the Business Engagement & Services provider, and regional partners to serve businesses in these sectors, and to provide opportunities for job-seekers to enter and advance in careers in these sectors. Training Services: Training Services are designed as one or more courses or classes, or a structured regimen, that upon successful completion lead to: (1) a certificate, associate degree or baccalaureate degree; or (2) the skills or competencies needed for a specific job or jobs, an occupation or occupational group, or generally for many types of jobs or occupations, as recognized by employers and determined prior to training. Training may be delivered by public, private, or non-profit providers. Training Services include vocational skills training, on-the-job training, integrated vocational and academic training, skills upgrading/retraining, entrepreneurial training, pre-apprenticeship and apprenticeship training, business-customized training, job readiness training in combination with vocational training, and adult education and English language training in combination with other training services. The Access Point may also provide access to incumbent worker training or subsidized transitional jobs according to OWIB policies. Subject to approval by the Business Engagement & Services provider, the Comprehensive One- Stop Career Center and each Sector Access Point will provide access to training services and subsidies (such as Individual Training Accounts or ITAs) for individuals who are determined to be in need of training and who select training services that are directly linked to employment opportunities in the local/regional area. 54

58 Appendix D: OWIB Training Services Policies and Procedures CITY OF OAKLAND OFFICE OF ECONOMIC AND WORKFOCE DEVELOPMENT OAKLAND WORKFORCE INVESTMENT BOARD DIRECTIVE No: TO: WIA Service Providers EFFECTIVE: July 1, 2012 SUBJECT: Training Services Policies and Procedures REFERENCES: Workforce Investment Act (WIA), Section 134 WIA Regulations at 20 CFR Subpart A Delivery of Adult and Dislocated Worker Services through the One-Stop Delivery System (Sec to ) Senate Bill 734 EDD Workforce Services Directive WIAD06-17 (Changes to WIA Requirements - SB 293, The Workforce Training Act) EDD Workforce Services Directive WSD11-9 (WIA Training Expenditure Requirements) EDD Workforce Services Directive WSD12-3 (Quarterly and Monthly Financial Requirements) EDD Workforce Services Draft Directive WSDD-72 PURPOSE: This policy directive provides guidance on eligibility for training services, financial assistance towards training, and related procedures under the Workforce Investment Act (WIA) Programs. The Oakland WIB s Strategic Plan supports the implementation of a sector-focused approach to the delivery of training services. The Oakland WIB also has a Supportive Services policy which requires the use of the Self-Sufficiency Standard to assist job seekers with training and employment goals. ELIGIBILITY FOR TRAINING: Training Services under WIA may be established for an individual; that individual may then be referred to any number of training options. In Oakland, training services may be made available to employed and unemployed adults and dislocated workers who: 55

59 Have met the eligibility requirements for intensive services, have received at least one intensive service, and who have been determined to be unable to obtain or retain employment through such intensive services; Have been determined by the individual s Case Manager or Workforce Counselor, after documented evaluation or assessment in the Individual Employment Plan, and case management services, to be in need of training services and to have the prerequisites to successfully participate in the selected program of training services; Have selected a program of training services that are directly linked to employment opportunities available in the local area, or in an area where the individuals receiving such services are willing to relocate; Are unable to obtain grant assistance from other sources to pay the costs of such training, including Federal Pell Grants, or who require WIA assistance in addition to other sources of grant assistance; and Are deemed eligible in accordance with Oakland's priority of services policies. TRAINING SERVICES OPTIONS Training Services are defined as one or more courses or classes, or a structured regimen, that upon successful completion, leads to: (1) a certificate, associate degree or baccalaureate degree; or (2) the skills or competencies needed for a specific job or jobs, an occupation, occupational group, or generally, for many types of jobs or occupations, as recognized by employers and determined prior to training. WIA-funded training services that may be provided to Adult or Dislocated Workers include: Occupational skills training, including training for non-traditional employment; Programs that combine workplace training with related instruction (which may include cooperative education programs); On-the Job Training; Training programs operated by the private sector; Skill upgrading and retraining; Entrepreneurial training; Job readiness training; Adult education and literacy activities provided in combination with the above training services; and Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training. Customized training, On-the-Job Training, and incumbent worker training do not require ETPL (Eligible Training Provider List) eligibility or the use of ITAs. Inasmuch as possible, training services shall be directly linked to occupations that are in demand in the Oakland metropolitan area or in another area to which and adult or dislocated worker receiving training services is willing to relocate. One-Stop and affiliates are expected to abide by current or future policies regarding the expenditure of training funds for occupations determined by the Oakland WIB to be in sectors of the economy that have a high potential for sustained demand or growth in the Oakland metropolitan area and in meeting the goals for CA SB734. To the greatest extent possible, training should be linked to a career pathway in high growth sectors 56

60 that have entry-level and mid-level occupations leading to self-sufficiency. Case managers will use the Self-Sufficiency Standard to assist in determining training and employment goals. LIMITS ON TRAINING SERVICES The Oakland Workforce Investment Board is required under the Workforce Investment Act to set policies for Adults and Dislocated Workers seeking training services funded under WIA. These policies must define time and cost limits (caps) to training activities under WIA. The following principles, initially established by EASTBAY Works, set the policies and procedures adopted by the Oakland One-Stop system: Training subsidies will be capped/limited to $4,000 over a five-year period per program participant. Under special circumstances, on a case-by-case basis and with proper justification, a Career Counselor or Case Manager could request a waiver to exceed the $4,000 limit from the One-Stop Manager. The One-Stop Managers may approve waivers to amounts not to exceed $6,000. The Oakland WIB-designated representative must approve any waiver request that exceeds $6,000. Individual Training Accounts and On-the-Job Training can be combined as long as the funding limit is not exceeded. INDIVIDUAL TRAINING ACCOUNTS (ITA) The Workforce Investment Act requires that ITAs only be issued if WIA-enrolled individuals are unable to obtain other grant assistance for training services through Federal Pell Grants or any other grant assistance, including the possible funding for dislocated workers under the North American free Trade Agreement (NAFTA) or Trade Adjustment Assistance (TAA). Individual Training account (ITA) Policy: Service providers must coordinate training funds available and make funding arrangements with One-Stop partners and other entities. Training providers must consider the availability of Pell Grants and other sources of grants to pay for training costs, so that WIA funds supplement other sources of training grants. A WIA participant may enroll in WIA-funded training while his/her application for a Pell Grant is pending as long as the One-Stop service provider has made arrangements with the training provider and the WIA participant regarding allocation of the Pell Grant, if it is subsequently awarded. In that case, the training provider must reimburse the One-Stop service provider the WIA funds used to underwrite the training for the amount the Pell Grant covers. Reimbursement is not required from the portion of Pell Grant assistance disbursed to the WIA participant for education-related expenses. If similar training (curricula and timeframes) are available at both public and private training institutions, the Oakland WIB would only pay up to the cost of the public training institution. (The WIA registrant could opt for the private school but would only receive an ITA for the amount equal to the Public School s cost). Maximum length of training will be limited to two (2) years. 57

61 It is the policy of the Oakland WIB to fund training through the use of Individual Training Accounts only with those vendors listed on the State of California Eligible Training Providers List (ETPL). More than one course can be taken by a participant within the maximum ITA amount allowed as long as the training is with eligible training providers, and the trainings are consistent with the Individual Employment Plan. ITAs and OJTs can be combined as long as the total cost stays under the limits set above and under the exceptions established above. o Consumer Choice (20 CFR ) Training services provider through ITAs must be provided in a manner that maximizes informed consumer choice in selecting an eligible provider; Each One-Stop center must make available to customers the State list of eligible training providers (ETPL) and the performance and cost information about eligible providers of training services; An individual who has been determined eligible for training services may select a provider from the ETPL after consultation with a Case Manager. Unless the program has exhausted training funds for the program year, the operator must refer the individual to the selected provider and establish an ITA for the individual to pay for training. Under no circumstances should a One-Stop service provider be allowed to refer a client and establish ITAs with itself. [WIA Directive WIAD06-17 specifically states: Training vouchers. UI Code prohibits One-Stop operators that issue training vouchers from being a recipient of those vouchers without the approval of the local chief elected official and the California Workforce Investment Board. Approval would be given only in those instances in which there were no other potential One-Stop partners in the local area. [Cf. WIA 117(f)(1), and 20 CFR and ] ] ITA Payment and Payment Recapture Policy Provided all conditions have been met to create a ratified ITA contract, contractors providing training services to WIA clients will receive one-half of the amounts due under the ITA upon the participant s completion of 50% of the training. The remaining one-half of the amount due will be paid upon the client s completion of the training program. Payment of either portion of the ITA is expressly conditioned upon: The vendor s submission of the participant s monthly attendance and progress reports, and The vendor s submission of an invoice for each unit of training. In the event that a participant withdraws from an ITA-funded training or does not complete the number of hours of training authorized under the ITA, the Oakland WIB or its training processing contractor, will, on the basis of scheduled attendance, pay only the proportional costs of the participant s tuition for the portion of training that the participant had completed before withdrawing or exiting from the training. The vendor understands that a participant may 58

62 choose to withdraw from training for any reason or no reason at all, and the vendor agrees to help the career counselor determine the actual number of hours the participant attended. The Oakland WIB will not seek recovery of funds used for the purchase of books and other training materials at the onset of training. ON-THE-JOB TRAINING On-the-Job Training (OJT) is provided under a contract with an employer in the public, private non-profit, or private sector. Through the OJT contract, occupational training is provided for the WIA participant in exchange for the reimbursement of up to 50 percent of the wage rate or up to the rate allowable based on EDD guidance, to compensate for the employer s extraordinary costs. OJT and Customized Training opportunities are to be given preference over ITA classroom training in order to provide training services to the greatest number of eligible individuals. However, the Oakland WIB will not accept contracts with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work. Participants in OJT must be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience and skills. All wage and hour laws, EEO provisions, and health and safety standards established under Federal, State or Local laws are applicable. An OJT contract must be limited to the period of time required for a participant to become proficient in the occupation for which the training is being provided. In determining the appropriate length of the contract, consideration should be given to the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant s individual employment plan. OJT contracts may be written for eligible employed workers when: The employee is not earning a self-sufficient wage as determined by Local Board policy; and The OJT relates to the introduction of new technologies, introduction to new production or service procedures, upgrading to new jobs that require additional skills, workplace literacy, or other appropriate purposes identified by the Oakland WIB. Regarding the conditions that govern OJT payments to employers, On-the-Job Training payments to employers are deemed to be compensation for the extraordinary costs associated with training participants and the costs associated with the lower productivity of the WIA participant. Employers may be reimbursed up to 50 percent of the wage rate of an OJT participant for the extraordinary costs of providing the training and additional supervision related to the OJT. Employers are not required to document such extraordinary costs. Prohibitions on the use of OJTs WIA funds may not be used or proposed to be used for: 59

63 Contracts with employers who have previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees; The encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location; If the employer has a collective bargaining agreement, the OJT contract should not impair existing contracts for services or collective bargaining agreements; The use of OJT funds should not result in the full or partial displacement of employed workers; Customized training, skill training, or OJT or company-specific assessments of job applicants or employees of a business or a part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location; Funds provided to employers for OJT or customized training must not be used to directly or indirectly assist, promote or deter union organizing; WIA Title I funds, in general, may not be spent on the employment or training of participants in sectarian activities. CUSTOMIZED TRAINING Customized Training is training: That is designed to meet the special requirements of an employer (including a group of employers); That is conducted with a commitment by the employer to employ or, in the case of incumbent workers, continue to employ an individual on successful completion of the training; and For which the employer pays not less than 50 percent of the cost of the training. Customized training of an eligible employed individual may be provided for an employer or a group of employers when: The employee is not earning a self-sufficient wage as determined by Oakland WIB policy; The customized training relates to the purposes identified by the Oakland WIB. Priority in Training In the event that funds allocated for adult or dislocated worker employment and training activities are limited, priority shall be given to recipients in accordance with the Priority for Services policy, as authorized and issued by the Oakland WIB. Due to limited WIA funds available for training activities, priority should be given to Oakland residents. LEVERAGED RESOURCES Beginning in PY funding (grants with start dates in July 2012) all local boards are required to spend at least 25 percent of the combined total of their WIA Adult and Dislocated Worker formula fund allocations on workforce training services. The training expenditure requirement does not apply to Youth formula fund allocations. A portion of the minimum 60

64 training expenditure requirement, (up to 10 percent of the combined total of the Adult and Dislocated Worker fund allocation) may be met by applying designated leveraged resources used for training services. Beginning PY the minimum training expenditure requirement will increase from 25 percent to 30 percent. For local boards to meet the minimum training expenditure requirement, formula funds and leveraged resources must be spent on WIA Adult or Dislocated Worker participants enrolled in a training activity in the EDD Job Training Automation (JTA) system, which is currently in migration to the EDD California Workforce Services Network (CWSN) system. Formula funds and leveraged resources spent on WIA core, WIA intensive services, and supportive services may not be applied toward the minimum training expenditure requirement. Leveraged resources can be claimed to fulfill the requirements under SB 734 if the participant is enrolled in a training activity as defined in training services options above. What qualifies as Leveraged Resources? It is the policy of the Oakland WIB to apply the following as leveraged resources used for training services toward meeting up to 10 percent of the minimum training expenditure requirement: Federal Pell Grants established under Title IV of the Higher Education Act of 1965 Public programs authorized by the Workforce Investment Act of 1998 (e.g., Job Corps, Migrant Seasonal Farm Worker, Rapid Response, WIA Title II Adult Education and Literacy, national and state WIA discretionary grants, WIA youth program, etc.) Trade adjustment assistance Department of Labor National Emergency Grants Match funds from employers, industry, and industry associations (including the employer paid portion of on-the-job training and customized training) Match funds from joint labor-management trusts Employment training panel grants Rapid Response set-aside funds used for training services, particularly for long-term unemployed dislocated workers. Youth formula funds expended on training for individuals ages if: 1) the individuals are co-enrolled in either the WIA Adult or Dislocated Worker program, and 2) the training meets all requirements set forth in this policy directive. All records of funds applied as leveraged resources must be kept for independent verification by the Employment Development Department (during monitoring visits). Some examples of documentation would include: A commitment letter or written agreement from an employer or training provider A training agreement with an employer detailing the employer s contribution A copy of the Pell Grant award letter or relevant correspondence from the school An executed worksite agreement and participant time record A participant progress report and/or evidence of completion 61

65 Costs arising from the recordkeeping required to demonstrate compliance with leveraged resources requirements cannot be included towards fulfilling the 10 percent requirement. ACTION: The Oakland WIB and its service providers shall follow this policy. This policy will remain in effect from the date of issue until such time that a revision is required. INQUIRIES: Inquiries should be addressed to the Oakland WIB's Executive Director. APPROVED BY THE WIB: September 27,

66 Appendix E: Sample City of Oakland Grant Agreement SAMPLE OAKLAND WORKFORCE INVESTMENT SYSTEM WIA GRANT AGREEMENT This WIA Grant Agreement (the Agreement ) is entered into effect,, by and between the City of Oakland, a municipal corporation (the City ), on behalf of itself and the Oakland Workforce Investment Board (the Oakland WIB ), and, a California nonprofit public benefit corporation ( Grantee ), pursuant to City Council Resolution No. C.M.S. RECITALS A. The City receives funding as grant recipient under the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014 (together, WIA ), codified at 29 USC 2801, et seq., to deliver workforce investment activities for the Oakland Local Workforce Investment Area. The Oakland WIB is the local workforce investment board and the Mayor of the City of Oakland is the chief elected official of the Oakland Local Workforce Investment Area as defined by WIA. The Mayor has designated the City Administrator to act on his or her behalf on all WIA administrative matters. B. Grantee has been selected by the Oakland WIB and the Mayor to be a provider of employment services for [SPECIFY YOUTH, ADULTS, OTHER] within the Oakland workforce investment system. C. The purpose of this Agreement is to set forth the role of Grantee in delivering services to the Oakland workforce investment system, and to provide for City grant funding of such work from WIA and other grant funds. This Agreement shall serve as the Memorandum of Understanding required between local WIBs and WIA service providers pursuant to Section 121(c) of WIA. NOW, THEREFORE, the City and Grantee agree as follows: 1. GRANT Subject to the terms and conditions of this Agreement, the City agrees to provide a grant of funds to Grantee (the Grant ) in the amount of $. The Grant amount is broken down as follows: 63

67 Program dollars: $ Participant support services dollars: $ Participant wages: $ This Agreement is based on the allocation of WIA formula funds and other funds for Fiscal Year as approved and authorized by the City for Grantee s work under this Agreement. Budget allocations are subject to modifications based upon the mid-year budget review processes of the Oakland WIB and the Oakland City Council. 2. SCOPE OF WORK As a condition of this Grant, Grantee must diligently and in good faith perform the program services and other work (the Work ) specified in that Scope of Work attached hereto as Exhibit A incorporated herein by reference. 3. AGREEMENT DOCUMENTS AND PROVISIONS Grantee shall perform or arrange for the performance of Work under this Agreement in accordance with conditions of this Agreement including the attached Scope of Work in addition to City of Oakland rules, regulations and policies and applicable federal and state laws. 4. TIME OF PERFORMANCE The initial term of this Agreement shall be from, until. The term of this Agreement may be extended in writing for up to two additional years with the mutual agreement of the parties. The Grant amounts for those additional years shall be as budgeted and approved by the City. In addition, with the mutual agreement of the parties, the term of this Agreement may be extended in writing with no additional funding allocation from the City for the extension period as may be necessary for Grantee to complete performance of the Scope of Work and meet performance benchmarks, exit outcomes, and follow-up services for the preceding year. 5. METHOD OF PAYMENT Grantee shall perform the Work under this Agreement and receive reimbursement payments, under the payment terms and disbursement process further set forth below, and, for amounts designed above as program dollars, in accordance with that budget detailed as Exhibit B to this Agreement (the Budget ), incorporated herein by reference. For the Grant amount specified above as program dollars, Grantee will be reimbursed for meeting the performance benchmarks set forth in Exhibit A, but only for costs set forth in the Budget. Each request for payment must include a status report detailing the activities undertaken under the Scope of Work to meet performance standards set forth in this Agreement, and otherwise meet requirements set forth in Exhibit A. 64

68 For the Grant amount specified above as participant support services dollars and participant wages, if any, Grantee will be reimbursed on a cost reimbursement basis for WIA-enrolled clients specific to this Agreement. Grantee must develop a system to track expenditures to ensure that there is no overspending of these dollars, and that they have been separately allocated from program dollars. Disbursements must be in accordance with the federal allowable cost principles set forth in OMB Circular No. A-122, as well as in accordance with this Agreement. The City will disburse funds only for costs actually incurred by Grantee. Costs incurred before or after the term of this Agreement shall not be reimbursed and shall be the sole responsibility of Grantee. Reimbursements for indirect costs, such as costs of operating, maintaining or leasing facilities or equipment, depreciation or use allowances, administrative or executive salaries, and other general administrative expenses, must be in accordance with OMB Circular No. A-122 and must be supported by documents that either (1) demonstrate current approval by the US Department of Labor or the California Employment Development Department of Grantee s indirect cost rate calculation and method by which this rate is applied to WIA funds, or (2) set forth a cost allocation plan, with a full explanation of the indirect cost rate calculation and method of proration of revenues, satisfactory to the City. In order to receive disbursements, all payment requests must be supported by documentation reasonably sufficient in the City s determination to support payment. Grantee must submit payment requests to the City within 60 calendar days following the end of the term of this Agreement, as such term may be extended. No payment requests submitted after the 60-day period shall be binding on the City for reimbursement. Any costs above the amount of this Grant necessary for the completion of the work shall be the sole responsibility of Grantee. The payment of all costs incurred in the performance of this Agreement shall be the sole responsibility of, and be borne by, Grantee. Funding is contingent on the availability of federal and state funds, and the parties agree that this Agreement shall be subject to modification or termination in the event that the contemplated funding is not available. 6. PROMPT PAYMENT This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of the Oakland Municipal Code. Under said Ordinance, the City must disburse Grant funds to Grantee within 20 business days after receipt of an undisputed request for payment. An undisputed request for payment is a request for payment that is not a disputed invoice within the meaning of the Prompt Payment Ordinance. Under the Ordinance, a disputed invoice is an invoice or request for payment that is either (1) improperly executed by Grantee, (2) contains errors, (3) requires additional evidence to determine its validity, and/or (4) contains expenditures or proposed expenditures that are ineligible or that do not otherwise comply with reimbursement or disbursal requirements of the 65

69 City or another grant funding source, such as the California Employment Development Department or the US Department of Labor. If a request for payment is disputed, the payment/disbursal shall not be subject to late penalties until the dispute is resolved. In the event a request for payment is disputed, the City shall notify Grantee and the City s Liaison (as defined in the Prompt Payment Ordinance) in writing within five business days of receiving the disputed request for payment that there is a bona fide dispute, in which case the City shall withhold the disputed amount and may withhold the full amount if either the California Employment Development Department or the US Department of Labor requires that the disputed expenditures be fully resolved prior to any disbursement of Grant funds. If either the California Employment Development Department or the US Department of Labor requires its review and approval before payments are made to Grantee, the 20-day prompt payment period shall be suspended for any period of review by said agency. If any amount due by the City to be disbursed to Grantee pursuant to this Agreement is not timely paid in accordance with the Prompt Payment Ordinance, Grantee is entitled to interest penalty in the amount of 10% of the improperly withheld amount per year for every month that payment is not made, provided that Grantee agrees to release the City from any and all further claims for interest penalties that may be claimed or collected on the amount due and paid. Grantees that receive interest penalties for late payment pursuant to the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. The Prompt Payment Ordinance further requires that, unless specific exemptions apply, Grantee shall pay undisputed invoices of its subcontractors for goods and/or services within 20 business days of submission of invoices unless Grantee notifies the City s Liaison in writing within five business days that there is a bona fide dispute between Grantee and claimant, in which case Grantee may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City s Liaison, and, upon the filing of a complaint, Grantee, if opposing payment, shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Grantee fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Grant payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Grantee is not allowed to retain monies from subcontractor payments for goods as project retention, and is required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five business days of payment. For the purpose of posting on the City's website, Grantee is required to file notice with the City of release of retention and payment of mobilization fees within five business days of such payment or release; and Grantee is required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five business days following receipt of payment from the City. The affidavit shall provide the names and address of all subcontractors and the amount paid to each. 66

70 7. PROGRAM INCOME Any funds received as return of costs or as income generated from activities funded by this Agreement are the property of the City and must be transmitted to the City promptly. 8. DESIGNATION OF GRANTEE AS SERVICE PROVIDER Grantee agrees to take on the role and responsibility of being a service provider for the Oakland Local Workforce Investment Area during the term of this Agreement. 9. COMPLETION REQUIREMENTS It shall be the responsibility of Grantee to coordinate and schedule the Work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The City may extend the time for completion of the Work in writing, if it determines that delay in the progress of the Work is not attributable to the negligence of Grantee and that such delay was due to causes beyond the control of Grantee. Any time extension granted to Grantee to enable Grantee to complete the Work shall not constitute a waiver of rights the City may have under this Agreement. 10. PERFORMANCE STANDARDS Grantee shall be held accountable for the performance of the Work as required by the US Department of Labor, the California Employment Development Department, and the City. Failure to meet the performance standards set by the US Department of Labor, the California Employment Development Department, or the City may result in termination of this Agreement. Grantee s performance will be analyzed on a monthly and quarterly basis. For each reporting period that Grantee submits a report showing poor implementation of the Work, the City may require Grantee to submit an analysis of the causes for poor performance and appropriate corrective actions to be taken within specified time frames. The City will meet with Grantee to explore corrective measures. If Grantee does not carry out the required corrective action within the specified time frame, the City may apply sanctions and pursue remedies set forth herein. If the problem persists, City staff reserves the right to inform the WIB and others of the deficiency and take further action as authorized in this Agreement. 11. REPORTING Grantee must gather data and submit program performance reports in accordance with the requirements of the US Department of Labor, the California Employment Development Department, and the City. Reporting requirements are further set forth in the Scope of Work and are subject to change. Grantee must maintain and submit records to the City within five business days of the City s request which clearly 67

71 document Grantee s performance under each requirement of this Agreement. Grantee must supply promptly, upon the City s reasonable request, any information or documentation pertaining to the Work under this Agreement and must cooperate with the City s representatives on matters related to program monitoring and evaluation. 12. RECORDS Grantee must maintain records that fully and accurately show the date, amount, purpose, and payee of all expenditures drawn from funds provided under this Agreement, and must maintain full and complete documentation of performance-related matters such as benchmarks and deliverables associated with this Agreement. Grantee must keep all estimates, invoices, receipts, and other documents related to such fund expenditures and documentation of performance-related matters for at least five years after completion of the term of this Agreement. Grantee must maintain a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement. Grantee must maintain such accounting records for a period of four years following the last fiscal year during which the City made a payment to Grantee under this Agreement. All records must be kept accurate and up-to-date. The City shall notify Grantee of any records it deems in its reasonable judgment to be insufficient. Grantee shall have 15 calendar days from such notice to correct any specified deficiency in the records, or, if more than 15 days shall be reasonably necessary to correct the deficiency, Grantee shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. 13. AUDITS Grantee agrees to comply with all audit, inspection, record-keeping and fiscal reporting requirements mandated by the City, and all state and/or federal audit requirements applicable to the funding sources of the Grant. Grantee must make available at Grantee s office for examination at reasonable intervals and during normal business hours to the City s representatives, as well as representatives of the US Department of Labor and the California Employment Development Department, all books, accounts, reports, files, financial records, and other papers or property with respect to all matters covered by this Agreement, including the financial condition of Grantee in general, and shall permit these representatives to audit, examine, and make copies, excerpts or transcripts from such records. The City s representatives, as well as representatives of the US Department of Labor and the California Employment Development Department, may make audits of any conditions relating to this Agreement, as well as the general financial condition and organizational condition of Grantee, throughout the term of this Agreement and for three years following the expiration of the term of this Agreement. Notwithstanding anything to the contrary above, Grantee must also comply with the applicable provisions of Office of Management and Budget ( OMB ) Circular No. A-133 with respect to audit requirements. 68

72 14. FRAUD, WASTE, AND ABUSE Grantee must immediately inform the City s Workforce Investment Executive Director, as well as the US Department of Labor, the California Employment Development Department, and other agencies as required under WIA regulations, of any information or complaints involving criminal fraud, waste, abuse, or other criminal activity in connection with the Work. 15. COMPLIANCE WITH FEDERAL STANDARDS Grantee shall be responsible for complying with the terms, conditions, and requirements set forth in WIA, WIA regulations codified at 20 CFR Part 660, et seq., applicable OMB circulars, state WIA regulations, and other applicable federal and state laws with respect to federal grants. These include, but are not limited to, the following: (A) Grantee shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C (h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and US Environmental Protection Agency regulations (40 CFR Part 15, revised as of July 1, 1989), and with all applicable standards, orders, and requirements issued relating to energy efficiency which are contained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L , 89 Stat. 871). (B) By signing this Agreement, Grantee hereby assures and certifies to the lobbying restrictions which are codified in US Department of Labor regulations at 29 CFR Part 93: 1) No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. 2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report Lobbying in accordance with its instructions. 3) The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers (including subgrant agreements, contracts and subcontracts, under 69

73 grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly. 4) This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and the US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.\ (C) Grantee is prohibited from discriminating on the ground of race, color, religion, sex, sexual preference, national origin, age, disability, or political affiliation or belief, in admission or access to, opportunity or treatment in, or employment in the administration of, or in connection with, any program or activity funded under this Agreement. As a condition to the award of financial payment under this program, Grantee assures, with respect to operation of this funded program or activity and all agreements or arrangements to carry out this program or activity, that it will comply fully with all nondiscrimination and equal opportunity statutes and regulations including, but not limited to, the following: Section 188 of the Workforce Investment Act of 1998;Title VI and VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; the California Fair Employment and Housing Act, Government Code Sections et seq.; California Labor Code Sections 1101, 1102, and ; and with all applicable requirements imposed by or pursuant to regulations implementing those laws. The federal government, state government, and the City shall have the right to seek judicial enforcement of this nondiscrimination requirement. (D) Grantee agrees to grant the City, Federal, and State governments, a royalty-free, nonexclusive and irrevocable license to publish, copy, translate or use, now and hereafter, all materials, data, films, tapes, etc., developed under this Agreement. The City, federal and state governments reserve the right to authorize others to use or reproduce such materials. Further, the City, federal, and state governments shall have access to any report, preliminary findings or data assembled by Grantee under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement. (E) By signing this Agreement, Grantee hereby certifies under penalty of perjury that it will comply with the requirements of the government-wide requirements for a drug-free workplace codified in US Department of Labor regulations, including, but not limited to, 29 CFR and 29 CFR and the State of California s Drug-Free Workplace Act of

74 (Government Code 8350, et seq.) and will provide a drug-free workplace by taking the following actions: Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code 8350(a). Establish a Drug-Free Awareness Program as required by Government Code 8355(b) to inform employees about all of the following: o The dangers of drug abuse in the workplace. o Grantee s policy of maintaining a drug-free workplace. o Any available counseling, rehabilitation and employee assistance programs. o Penalties that may be imposed upon employees for drug abuse violations. Provide, as required by Government Code 8355(c), that every employee who works on this Agreement: o Will receive a copy of Grantee s drug-free policy statement; and o Will agree to abide by the terms of Grantee s statement as a condition of employment. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of future agreements if the City determines that any of the following has occurred: False certification; or Violation of the certification by failing to carry out the requirements as noted above. (F) Grantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (G) For funds provided under this Agreement that are used for construction or repair, Grantee shall comply with, and ensure that any of its grantees or subgrantees comply with, the following federal requirements, as applicable: (1) Executive Order ( Equal Employment Opportunity ) as amended by Executive Order 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 ) as supplemented by Department of Labor regulations (29 CFR Part 5). 71

75 16. CONFIDENTIALITY Grantee shall maintain the confidentiality and security of all participant files. No information may be divulged to any outside party (other than the City or other funding agency) without the express written permission of the participant, except as necessary for the purpose of performance monitoring or program evaluation, or except to the extent such disclosure is required by applicable law or court order. 17. GRIEVANCES Grantee shall establish and maintain a procedure for addressing grievances and complaints from program participants. Such procedure shall include a process for Grantee to conduct an informal resolution of the dispute and a hearing to be completed within 60 days of the filing of the grievance or complaint. The remedies that may be imposed as part of such procedure shall be as permitted under WIA regulations. Such procedure shall provide for an appeal to the designated Grantee, the City and the state for any party to the dispute who is dissatisfied with Grantee s decision. For any grievances or complaints of Grantee filed against the City, the City shall conduct an informal resolution of the dispute and a hearing before a representative designated by the City to be completed within 60 days of the filing of the grievance or complaint. Grantee may appeal any decision by the City on such grievance or complaint to the state or federal government if permitted under WIA regulations. 18. COOPERATION Grantee and the City shall cooperate with each other and other agency participants, including the One-Stop Operator and One Stop Career Center Operator designated by the City, in furthering the operations of the Oakland workforce investment system. 19. LIVING WAGE Grantee is subject to the City s Living Wage Ordinance codified in Chapter 2.28 of the Oakland Municipal Code and its implementing regulations as a City Financial Assistance Recipient or CFAR. The Ordinance requires among other things that, unless specific exemptions apply or a waiver is granted, all covered CFARs must pay a minimum level of compensation to their covered employees of at least $12.53 per hour if health benefits of at least $1.87 per hour are offered, or $14.40per hour if no health benefits are offered. This wage rate shall be adjusted annually pursuant to the terms of the Ordinance. Grantee and its agents agree to abide by the requirements of the Living Wage Ordinance to pay the specified minimum compensation to its covered employees, to offer the required compensated and uncompensated leave time to its covered employees, to provide the required notices to its covered employees, and to submit the required documentation to the City during the term of this Agreement. Grantee shall also include language in any service contract that it enters into related to this Agreement, if the amount of the service contract exceeds $25,000, requiring that the 72

76 service contractor comply with Living Wage requirements for its covered employees. Grantee shall submit a copy of such service contracts to the City s Office of Contract Compliance. For purposes of this section, covered employees mean any natural person who performs services for the employer under this Agreement; but does not include managerial, supervisory, or confidential employees, independent contractors, volunteers, or those construction employees who are entitled to be paid at prevailing wages. Under the provisions of the Living Wage Ordinance, the City may, under appropriate circumstances, terminate this Agreement and seek other remedies as set forth therein for violations of the Ordinance. 20. EQUAL BENEFITS Grantee and its agents must abide by the City of Oakland Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code. Grantee and its agents warrant and represent that they do not discriminate in the provision of those benefits enumerated in the Ordinance between its employees with domestic partners and its employees with spouses, or between the domestic partners and spouses of its employees. Grantee must post written notice to its employees of their potential rights under the Equal Benefits Ordinance. Grantee and its agents must promptly provide to the City upon request documents and information verifying its compliance with the Equal Benefits Ordinance. Grantee understands that, in the event that it violates the Equal Benefits Ordinance, the City may suspend or terminate this Agreement, demand repayment of amounts disbursed under this Agreement, deem Grantee ineligible for future financial assistance, impose liquidated damages, seek attorneys fees and enforcement costs, or pursue any other remedy permitted under the Ordinance. 21. LOCAL/SMALL LOCAL ENTERPRISE PARTICIPATION The City has established requirements for participation by local and small local enterprises, including local nonprofit organizations and small local nonprofit organizations, in publicly-supported projects. Grantee satisfies local and small local enterprise requirements. 22. NONDISCRIMINATION Grantee may not discriminate against any employee or applicant for employment on the basis of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS- Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Grantee agrees to 73

77 post in conspicuous places available to all employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. In providing services under this Agreement, Grantee may not discriminate against any program participant on the basis of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. Program activities shall be available to all eligible persons regardless of religious affiliation or non-affiliation. 23. POLITICAL PROHIBITION Funds paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, or for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government. 24. RELIGIOUS PROHIBITION There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of the Agreement. 25. BUSINESS TAX CERTIFICATE OR EXEMPTION Grantee shall obtain and provide proof of a valid City business tax certificate or business tax exemption certificate. Said certificate or exemption must remain valid during the duration of this Agreement. 26. INSURANCE COVERAGE Grantee must have or cause to have in full force and effect the insurance coverage specified in Exhibit C to this Agreement during the term of this Agreement. 27. NON-LIABILITY OF CITY No member, official, officer, director, employee, or agent of the City shall be liable to Grantee for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. 28. INDEMNITY Notwithstanding the insurance coverage required herein, Grantee hereby agrees to indemnify and hold the City of Oakland, and its members, officials (including Oakland WIB members), officers, directors, employees, and agents (collectively, the Indemnified Parties ) harmless from any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including reasonable attorneys' fees) 74

78 which an Indemnified Party may incur arising out of: (1) Grantee s failure to perform any of its obligations as and when required by this Agreement; (2) a failure of any of Grantee s representations or warranties to be true and complete in any material respect; or (3) any act or omission by Grantee or any contractor or subcontractor, with respect to the Work done under this Agreement, except to the extent that the loss is caused by the negligence or willful misconduct of the Indemnified Party. Grantee shall pay immediately upon the Indemnified Party s demand any amounts owing under this indemnity provision. The duty of Grantee to indemnify includes the duty to defend the Indemnified Party in any court action, administrative action, or other proceeding brought by any third party arising from this Agreement, with counsel reasonably acceptable to the Indemnified Party. Grantee s duty to indemnify the Indemnified Parties shall survive the term of this Agreement. 29. EVENTS OF DEFAULT The occurrence of any of the following events shall be an "Event of Default" by Grantee under this Agreement: (A) Failure to adequately perform the Work set forth in this Agreement; (B) Failure for any reason to fulfill in a timely and proper manner any of the other obligations imposed by this Agreement on Grantee, including the obligation to comply with City, state and federal law; (C) Breach by Grantee or its employees or agents of any term or condition set forth in this Agreement; (D) Failure by Grantee to meet the performance standards contained in this Agreement; (E) Breach by Grantee under any other agreement pertaining to the Oakland workforce development system, whether or not the City is a party to such agreement; (F) Improper use or reporting of funds provided under this Agreement by Grantee or its employees or agents; (G) A determination by the City in its reasonable judgment that any of Grantee s representations or warranties made in this Agreement, any statements made to the City by Grantee, or any certificates, documents, or schedules supplied to the City by Grantee in connection with this Agreement were untrue in any material respect when made, or that Grantee concealed or failed to disclose a material fact from the City in connection with this Agreement; or (H) Grantee s (1) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any involuntary filing brought by another party under bankruptcy or similar laws before the earlier of final relief or 60 days after filing; (2) making a general assignment for the benefit of creditors; (3) applying for the appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or 60 days after the 75

79 filing; (4) insolvency; or (5) failure, inability or admission in writing of its inability to pay its debts as they become due. 30. NOTICE OF DEFAULT AND CURE The City shall give written notice to Grantee of any Event of Default on the part of Grantee. Said notice shall specify the nature of the act, omission, or deficiency giving rise to the Event of Default. In addition, if the Event of Default is curable, the notice shall also specify the action required to cure the default, and a reasonable date, which shall not be less than 30 calendar days from the mailing of the notice, by which Grantee must take or commence such action to cure. 31. REMEDIES Following any notice of an Event of Default, the City may suspend payments under this Agreement pending Grantee s cure of the specified breach. Upon an Event of Default that has not been cured by Grantee, the City, in its discretion, may take any of the following actions: (A) Terminate this Agreement in whole or in part; (B) Suspend payments under this Agreement; (C) Demand immediate reimbursement of any funds disbursed under this Agreement; (D) Bring an action for equitable relief (a) seeking the specific performance by Grantee of the terms and conditions of the Agreement, and/or (b) enjoining, abating, or preventing any violation of said terms and conditions, and/or (c) seeking declaratory relief; (E) Bar Grantee from future funding by the City; and/or (F) Pursue any other remedy allowed at law or in equity. 32. TERMINATION OR MODIFICATION FOR LACK OF APPROPRIATION The City s obligations under this Agreement are contingent upon the availability of funds from WIA or other funding sources for the Grant. The City may terminate this Agreement on 30 days written notice to Grantee without further obligation if said funding is withdrawn or otherwise becomes unavailable for continued funding of the Work. 33. RELATIONSHIP OF PARTIES The relationship of the City and Grantee is solely that of a grantor and grantee of funds, and should not be construed as a joint venture, equity venture, partnership, or any other relationship. The City does not undertake or assume any responsibility or duty to Grantee (except as provided for herein) or to any third party with respect to the work performed under this Agreement. Except as the City may specify in writing, Grantee has no authority to act as an agent of the City or to bind the City to any obligation. 76

80 34. PUBLICITY Any publicity generated by Grantee for the program funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, shall make reference to the contribution of the City in making the project possible. The words City of Oakland shall be explicitly stated in all pieces of publicity, including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. City staff will be available whenever possible at the request of Grantee to assist Grantee in generating publicity for the program funded pursuant to this Agreement. Grantee further agrees to cooperate with authorized City officials and staff in any City-generated publicity or promotional activities undertaken with respect to this program. 35. WARRANTIES Grantee represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable Grantee to fully comply with the terms of this Agreement and otherwise carry out the Work required under this Agreement; (2) that it is duly organized, validly existing and in good standing under the laws of the State of California; (3) that it has the full power and authority to undertake the Work required under this Agreement; (4) that there are no pending of threatened actions or proceedings before any court or administrative agency which may substantially affect the financial condition or operation of Grantee, other than those already disclosed to the City; and (5) that the persons executing and delivering this Agreement are authorized to execute and deliver such document on behalf of Grantee. 36. LITIGATION AND PENDING DISPUTES Grantee must promptly give notice in writing to the City of any litigation pending or threatened against Grantee in which the amount claimed is in excess of $50,000. Grantee must disclose, and represents that it has disclosed, any and all pending disputes with the City prior to execution of this Agreement. The City will provide a form for such disclosure upon Grantee s request. Failure to disclose pending disputes prior to execution of this Agreement shall be a basis for termination of this Agreement. 37. CONFLICTS OF INTEREST Grantee warrants and represents, to the best of its present knowledge, and agrees to exercise due diligence to ensure, that no "covered person" associated with the City (as defined below) has or will obtain a financial interest or benefit from this Agreement, or has or will obtain an interest in any contract, subcontract or agreement with respect to this Agreement or the proceeds thereunder, either for themselves or their immediate family members, business partners, or employing organization. A "covered person" for purposes of this paragraph includes any employee, agent, consultant, officer, or elected or appointed official of the City (including an Oakland WIB member) who participates in 77

81 a decision making process with respect to this Agreement or the provision of services by Grantee. Grantee s attention is directed to the federal conflict of interest rules set forth in WIA (29 USC 2832(g)), WIA regulations (20 CFR (a)(4)), and federal procurement regulations (29 CFR 97.36(b)(3)). Grantee warrants and represents, to the best of its present knowledge, that no public official of this City who has been involved in the making of this Agreement, or who or has participated in the decision to approve this Agreement as a member of a City board or commission (including the Oakland WIB), has or will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090, et seq., pertaining to conflicts of interest in public contracting. Grantee warrants and represents, to the best of its present knowledge, that any such public official of the City who is a compensated employee or a compensated or non-compensated director or officer of said nonprofit corporation has disqualified himself or herself from participating in the City decision to make this Agreement. Grantee further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by Grantee to the City, that (1) no public official of the City who has participated in decision making concerning this Agreement, or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in Grantee or this Agreement, and (2) this Agreement will not have a direct or indirect financial effect on said official, the official s spouse or dependent children, or any of the official s economic interests. Grantee agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. Grantee s attention is directed to the conflict of interest rules applicable to governmental decision making contained in the Political Reform Act (California Government Code 87100, et seq.) and its implementing regulations (California Code of Regulations, Title 2, 18700, et seq.). Grantee shall exercise due diligence to ensure that no proceeds under this Agreement are used in any self-dealing transaction, within the meaning of the California Corporations Code, involving a material financial interest of a director of Grantee; unless such transaction is expressly permitted or considered valid under the Corporations Code. 38. UNAVOIDABLE DELAY IN PERFORMANCE The time for performance of provisions of this Agreement by either party shall be extended for a period equal to the period of any delay directly affecting this Agreement which is caused by: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; suits filed by third parties concerning or arising out of this Agreement; or unseasonable weather conditions. An extension of time for any of the above-specified causes will be deemed granted only if written notice by the party claiming such extension is sent to the other party within ten calendar days from the commencement of the cause. Times of performance under this Agreement 78

82 may also be extended for any cause for any period of time by the mutual written agreement of the City and Grantee. 39. VALIDITY OF CONTRACTS This Agreement shall not be binding or of any force or effect until it is approved for form and legality by the Office of the City Attorney and signed by the City Administrator or his or her designee. 40. GOVERNING LAW This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law or expressly governed by federal law. 41. STATUTORY REFERENCES All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the City of Oakland shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. 42. ATTORNEYS' FEES AND COSTS In the event any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. 43. TIME Time is of the essence in the performance of this Agreement by the City and Grantee. 44. CONSENTS AND APPROVALS Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned. 45. NOTICES, DEMANDS AND COMMUNICATIONS Formal notices, demands and communications between Grantee and the City shall be given by registered or certified mail, postage prepaid, return receipt requested, or shall be delivered personally, to the principal offices of Grantee and the City as follows, or if any such office is relocated, to the new address specified by the relocated party: 79

83 CITY: City of Oakland c/o: Community and Economic Development Agency 250 Frank Ogawa Plaza, 3 rd Floor Oakland, CA Attn.: John Bailey, Executive Director, Workforce Investment Board Copy to: City of Oakland City Attorney s Office One Frank Ogawa Plaza, 6th Floor Oakland, CA Attn: Daniel Rossi GRANTEE: Attn: 46. ASSIGNMENT AND SUBCONTRACTING Grantee may not assign or subcontract any of its interests or obligations under this Agreement to any other party without the prior written consent of the City. Any unauthorized assignment or subcontracting shall be void. 47. WAIVER Any waiver by the City of an obligation in this Agreement must be in writing and must be executed by an authorized agent of the City. No waiver should be implied from any delay or failure by the City to take action on any breach or Event of Default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Grantee should not be construed to be a consent to any other act or omission or to waive the requirement for the City s written consent to future waivers. 48. INTEGRATION This Agreement contains the entire agreement of the parties with respect to the matters addressed herein, and supersedes any prior negotiations. All prior or contemporaneous agreements, understandings, representations, and statements are merged into this Agreement and are of no further force or effect. 80

84 49. OTHER AGREEMENTS Grantee represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. Grantee may not enter into any agreements that are inconsistent with the terms of this Agreement without an express written waiver by the City. 50. AMENDMENTS AND MODIFICATIONS Any amendments or modifications to this Agreement must be in writing, and will be effective only if executed by both Grantee and the City. 51. SEVERABILITY Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. 52. COUNTERPARTS This Agreement may be signed in multiple counterparts, which, when signed by all parties, will constitute a binding agreement. 53. EXHIBITS The following exhibits are attached to this Agreement and are hereby incorporated herein by reference: Exhibit A: Exhibit B: Exhibit C: Exhibit D: Scope of Work Budget Insurance Requirements Payment Request Form [SIGNATURE BLOCKS ON NEXT PAGE] 81

85 In witness whereof, the City and Grantee have entered into this Grant Agreement effective as of the date first above written. CITY CITY OF OAKLAND, a municipal corporation By: City Administrator By: Mark Sawicki, Director Department of Economic and Workforce Development Approved for forwarding By: John R. Bailey Executive Director, Oakland Workforce Investment Board Approved as to form and legality: By: Deputy City Attorney GRANTEE [INSERT FULL LEGAL GRANTEE NAME HERE], a California nonprofit public benefit corporation By: Name: Title: 82

86 OAKLAND WORKFORCE INVESTMENT SYSTEM WIA GRANT AGREEMENT EXHIBIT A SCOPE OF WORK (attached) 83

87 OAKLAND WORKFORCE INVESTMENT SYSTEM WIA GRANT AGREEMENT EXHIBIT B BUDGET (attached) 84

88 OAKLAND WORKFORCE INVESTMENT SYSTEM WIA GRANT AGREEMENT EXHIBIT C INSURANCE REQUIREMENTS A. General Liability, Automobile, Worker s Compensation and Professional Liability Grantee shall procure, prior to commencement of service, and keep in force for the term of this Agreement, at Grantee s own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Grantee shall provide the City with copies of all insurance policies. The insurance shall at a minimum include: 1. Commercial General Liability ( CGL ) insurance, shall cover liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, Bodily Injury, Broad Form Property Damage, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). If such CGL insurance contains a general aggregate limit, it shall apply separately to this agreement. i. Coverage afforded on behalf of the City shall be primary insurance and any other insurance available to the City under any other policies shall be excess insurance (over the insurance required by this Agreement). ii. Limits of liability: Grantee shall maintain CGL insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to the location of services provided under this Agreement. iii. If the policy is a claim made type policy, the following should be included as endorsements: 1) The retroactive date shall be the effective date of this Agreement or a prior date. 2) The extended reporting or discovery period shall not be less than thirty-six (36) months. 2. Automobile Liability Insurance. Grantee shall maintain automobile liability insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, 85

89 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 In the event Grantee does not own vehicles, but utilizes non-owned and hired vehicles, evidence of such coverage is acceptable with a signed statement from Grantee stating that only non-owned and hired vehicles are used in the course of the Agreement. 3. Worker's Compensation insurance as required by the laws of the State of California. Statutory coverage may include Employers Liability coverage with limits not less than $1,000,000. Grantee certifies that it is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake selfinsurance in accordance with the provisions of that Code. Grantee shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code. B. Terms Conditions and Endorsements The aforementioned insurance shall be endorsed and have all the following conditions: 1. Insured Status (Additional Insured): Grantee shall provide insured status using ISO endorsement CG or its equivalent naming the City of Oakland, its Councilmembers, directors, officers, agents and employees as insureds in its CGL policy. If Grantee submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on a CG (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 nonpayment. 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. 86

90 C. Replacement of Coverage In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Grantee, such insurance in the name of Grantee as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Grantee under this Agreement. D. Insurance Interpretation All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement. E. Proof of Insurance Grantee will be required to provide proof of all insurance required for the work prior to execution of the Agreement, including copies of Grantee s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for termination of the Agreement F. Subcontractors Should Grantee subcontract or subgrant out the work required under this Agreement, it shall include all subcontractors and subgrantees as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, Grantee may require all subcontractors or subgrantees to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City and Grantee shall be named as additional insured under the subcontractor s or subgrantee s General Liability policy. All coverages for subcontractors or subgrantees shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the course of the project to verify compliance with requirements. G. Deductibles and Self-Insured Retentions Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or Grantee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses. H. Waiver of Subrogation 87

91 Grantee waives all rights against the City and its Councilmembers, officers, directors and employees for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above. I. Evaluation of Adequacy of Coverage The City maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice. 88

92 OAKLAND WORKFORCE INVESTMENT SYSTEM WIA GRANT AGREEMENT EXHIBIT D PAYMENT REQUEST FORM (attached) END OF GRANT AGREEMENT SAMPLE 89

93 Appendix F: Sample Quarterly Program Report Lead Agency: Program Title: Reporting Period: Enrollment Goal 7/1/2015-6/30/2016 Carryover from PY Previously enrolled reported for this program year New clients enrolled during this reporting period Total Enrolled Y-T-D WIOA Adult WIOA Dislocated Worker Total Total Training Enrollments (OJT/ITA) Total Training Completions Y-T-D Exits from the Program Placement Goal 7/1/2015-6/30/2016 Y-T-D Placed in Employment Y-T-D Average Earnings 1) Describe accomplishment towards program goals and objectives achieved during the reporting period. 90