CONTRA CTS/A GREEMENTS/GRA NTS TRA CKING FORM
Received Date:______________________________
Contracts and Com pliance
This is your Work Order 16236 confirm ation. Subm itted on 12-06-2021 You have till the end of the business day to subm it your docum ents to the office of Contracts and Com pliance at 250 FHO Building, 3rd. Floor, Suite 3341. ** Please print this copy and attach to your docum ent subm ittal. ** (A ll Work Order subm itted after 2:00 PM of a business day will be processed on the next work day) Date Subm itted Work Order Num ber - 16236
12-06-2021 Contact Departm ent - Human Services
Resolution Num ber - 88416
Contract Title - PROFESSIONAL SERVICE
AGREEMENT
BETWEEN THE CITY OF OAKLAND
AND Housing Consortium of the East Bay
(HCEB)
Recipient - city of oakland
Description - Provide support and
management of a co-governed interim shelter
intervention for homeless individuals.
A m endm ent - No
A m endm ent No. - 0
A m ended Contract A m ount - $850,000.00
Total A m ount - $850,000.00
Start Date - 07-01-2021
End Date - 06-30-2022
Due Date - 12-06-2021
Date Contract Signed -
When retreiving your signed contracts, please print your nam e and date at the bottom of this docum ent and leave it with Contracts and Com pliance.
Received By:
Received Date:
Initial Review By:
Date:
© 2021 Developed and Maintained by Inform ation Technology Departm ent City of Oakland JC
12/8, 12/21
Jan 10, 2022
Jan 10, 2022
Completed by __Talia Y. Rubin_________________, on this __6th___ day of ____Dec. 2021_______.
Signature: Contract Administrator/Project Manager
Rev. OCA.DMM.DEC2009.334492
Rev. CA. DLB - 8/16 - For consistency, please do not revise this checklist or submit an alternate format.
City Administrator’s Contract Authority Checklist
(Purchasing Ordinance, OMC Chapter 2.04) Revised 2016
Purchase Authority of the City Administrator (OMC §2.04.020.A).
T
he City Administrator’s contract authority is $250,000 for procurement, construction and services, which includes non-professional, professional, technical and scientific services, provided a competitive solicitation is done.
T
he City Administrator may waive the competitive process for professional services contracts up to $50,000, upon a determination that it is in the City’s best interests to waive competition.
T
he City Administrator’s Purchasing Authority NOT Applicable - Loans, Development Agreements (e.g., Development and Disposition Agreements, Exclusive Negotiating Agreements, etc.), Real Estate Agreements (Leasing, Sales or Acquisition of Real Property).
T he Purchasing Ordinance does not establish City Administrator authority to award or execute these types of agreements. Such authority is contained in the Oakland Charter and separate legislation.
Pay-go Grant Authority (OMC 2.04.017).
T he City Administrator is authorized to make Pay-go grants on behalf of Council members to a non-City organization (e.g., a school or neighborhood association) in any amount, provided the grant will be used for purposes consistent with restrictions on the pay-go funding source.
Purc
hases Subject to Appropriation of Funds (OMC 2.04.040A) All contracts authorized by the Council or City Administrator must have prior appropriation and allocation of funds for the City programs, activities, functions or operations, which the purchase is intended to support.
Competitive Award Process: (A) Informal, (B) Formal, (C) Request for Proposals, (D) Cooperative Agreement, (E) Bid, Or (F) Grant.
Council authorized this contract by way of Resolution No. ____88416______ C.M.S., as attached.
The consultant/contractor or vendor was selected through a formal or informal competitive process as mandated?
Or, advertising and bidding or RFP/RFQ process was waived in Resolution No. C.M.S., as attached.
Three (3) local certified firms were solicited and named as follows: ___________ _____________ _______________________________________________________________________________ .
I
dentify the local certified firm selected ? ______________________________________ If “No” explain why? ____________________________________________________ Y N
Y N
City Administrator’s Contract Summary Revised 3/19/12
CITY OF OAKLAND
INTER OFFICE MEMORANDUM
TO: Ed Reiskin, City Administrator
FROM: Sara Bedford, Human Services Department, Community Housing Services DATE: September 23, 2021
SUBJECT: Housing Consortium of the East Bay
Justification/Description of Deliverables: Provide support and management of a co-governed interim shelter intervention for homeless individuals.
1. Contract Type: Amendment? Yes__ __ No__X__ __ ___Grant Agreement X Professional Services _____Construction Services _____Memorandum of Understanding _____Other _____________
2. This action in compliance with the Oakland Municipal Code- Title 2, Chapter 2.04, Article I,
2.04.050, Section I-4 relative to “contracting out”. Yes_X__ No ___ (If no, please attach explanation).
3. Life of Contract/Agreement/MOU: Starting Date: July 1, 2021 Ending Date: June 30, 2022
4. Resolution Number: 88416 Resolution Date; December 1, 2020
5. Amount of Contract/Agreement:
a. Total Amount: $850,000
6. Funding Source:
Project #: 1005315 Org #:78411 Expenditure Type: 54919 Task:CV19 Award: 23398 Amount: $850,000
7. All signatures must be in place prior to sign off by City Administrator:
a) Darin Lounds, Executive Director Housing Consortium of the East Bay b) Sara Bedford, Director Human Services Department
c) Jennifer Logue, Deputy City Attorney
d) Ed Reiskin, City Administrator
6. Time Sensitive: Yes
NOTE: Please remember to attach the Schedule- T and forward an original of the document to the City Clerk and to Finance/Accounting.
Signature of Department Head
Sara Bedford, Director
Human Services Department
For questions please contact Talia Y. Rubin, Program Analyst III, at 238-6590.
SCHEDULE T
CONTRACT SUMMARY TRANSMITTAL*
FOR USE BY ALL CITY AGENCIES AND DEPARTMENTS FOR PROCUREMENT, CONSTRUCTION AND PROFESSIONAL
SERVICES CONTRACTS
1. Agency: Human Services Department Department: Community Homelessness Services Division
2. Project Housing Consortium of the East Bay Professional Services Agreement Project Amount: FY 21-22: $850,000
3. Budget / Funding: Project #: 1005315 Org #:78411 Expenditure Type: 54919 Task:CV19 Award: 23398 Amount: $850,000
4. Project Manager / Responsible Employee Name: Talia Rubin Title: Program Analyst III Phone: ext. 6590 email:
[email protected]
5. Supervisor / Direct Report or Alternate Employee Contact: Lara Tannenbaum, Manager Phone 238-6187 email:
[email protected]
6. Consultant / Contractor Name: Housing Consortium of the East Bay Professional Services Agreement
7. Address: 410 7th St., Suite 203Oakland CA 94607 Phone: (510) 832-1382 Email: [email protected]
8. Type of Contract (Mark X): Grant
Agreement: X Construction: Commodities: Technology:
9. Statement of Contract Goal / Purpose: Provide support and management of a co-governed interim shelter intervention for homeless individuals
10. Actual or Estimated Notice To Proceed (NTP) Date: 3/1/2021 Estimated Completion Date: 6/30/2022
11. Resolution Number: 88416 Resolution Date; December 1, 2020
12. Location of the Contract Documents: HSD Community Housing Services Division
THIS PORTION MUST BE COMPLETED BY THE AGENCY / DEPARTMENT AND/OR THE PROJECT MANAGER Insert language below regarding the evaluation of performance and/or audit requirements. For example, This contract is subject to an independent audit initiated by the City of Oakland and/or this contract will be evaluated quarterly according to the deliverables defined below. Please attach separate sheets if required.
Performance, Inspection, Fiscal Reporting and Audit Requirements Performance
Evaluation:
The contract is subject to a federal audit by U.S. Department of Housing and Urban Development (HUD)
Inspection
Requirement: Contractor and premises subject to staff monitoring, performance evaluation, and inspection.
Fiscal Reporting
Requirement:
December 31, 2021 the Annual Progress Report is due to City for IDIS and CAPER reports submitted to HUD by the City. Quarterly reports required as well Audit Requirement: All contractors are required to submit an annual audit of their organization
Deliverables Date Due Completion
Date
Responsible Source (Prime,
Sub, Supplier, Other) Performance
1 Annual Progress Reports to City of Oakland Prime
City Representative: Lara Tannenbaum, Manager
(Please Print)
Date:
City Representative
Signature:
City Clerk:
(Please Print) Date:
City Clerk Signature:
Nai Phan (Jan 10, 2022 09:36 PST)
Nai Phan
* Must be attached to the signed Contract / Agreement and the First and Final (last) Payment Requests ** Multiple Funding Sources: Complete Additional Funding Section on Page 2
CONTRACT SUMMARY TRANSMITTAL PROCEDURE
Note: This Contract Summary Transmittal form must be completed and attached to the signed Contract / Agreement Note: Agency / Department - Project Managers are responsible and must ensure:
Contract Compliance and Employment Services performed the following:
1) Compliance Analysis
2) Equal Benefits Determination
3) Living Wage Determination
Note: Before submission of a Contract:
Schedule M (Part A and B) must be submitted to the City Attorney’s Office for written approval 1) Consultant / Contractor must complete Schedule M – Part A 2) The City Agency / Department must complete Schedule M - Part B Note: A photocopy of the completed Contract Summary Transmittal form must be attached to the first and final payment request:
1) Photocopy the front and back of the completed Contract Summary Transmittal form Photocopy must be attached to the back-up documentation, on the first payment request and on the final payment request that is submitted to the Finance and Management Agency / Accounts Payable Section
Contract Transmittal Procedure Date Received Received
Initials Date Returned Returned
Initials
Contract: Send to the City Attorney’s Office for First Review Contract: Send to the Consultant / Contractor
Contract: Send to the City Attorney’s Office for Final Signature Contract: Send to the Agency / Department Fiscal Services to Encumber Funds
Contract: Send to the Finance and Management Agency /
Purchasing Division ***
Contract: Send to the Agency / Department for Director’s Signature Contract: Send to City Administrator’s Office for Approval (for contracts over $15,000)
Contract: Send to City Clerk’s Office
*** All Contracts are sent to the Finance and Management Agency / Purchasing Division to ensure the required Funds are encumbered.
Funds that are not encumbered may result in a delayed payment to the Consultant and/or Contractor.
Project Number Organization Expenditure
Type Task Award Encumbrance Amount
1005315 78411 54919 CV19 23398 $850,000
Approved as to Form and Legality
KJL<.—*
City Attorney
OAKLAND CITY COUNCIL
88 4 16Resolution No. C.M.S.
RESOLUTION:
1) ACCEPTING AND APPROPRIATING CORONA VIRUS AID, RELIEF,
AND ECONOMIC SECURITY (CARES ACT) FUNDS IN THE AMOUNT
OF NINETEEN MILLION, TWO HUNDRED EIGHTY-EIGHT
THOUSAND, ONE HUNDRED SEVENTY-FIVE DOLLARS
($19,288,175) AWARDED TO THE CITY OF OAKLAND IN ROUND
TWO OF THE U.S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT EMERGENCY SOLUTIONS GRANT
ALLOCATIONS TO PREVENT, PREPARE FOR AND RESPOND TO
THE CORONA VIRUS;
2) ACCEPTING AND APPROPRIATING CARES ACT FUNDS IN THE
AMOUNT OF THREE MILLION, SEVEN HUNDRED TWELVE
THOUSAND, FIVE HUNDRED TWENTY-NINE DOLLARS
($3,712,594) AWARDED TO THE CITY OF OAKLAND IN ROUND
THREE OF THE U.S. DEPARTMENT OF HOUSING & URBAN
DEVELOPMENT COMMUNITY DEVELOPMENT BLOCK GRANT
ALLOCATIONS TO PREVENT, PREPARE FOR AND RESPOND TO
THE CORONA VIRUS;
3) AUTHORIZING THE CITY ADMINISTRATOR TO UPDATE ROUND
ONE CARES ACT HOUSING OPPORTUNITIES FOR PERSONS
WITH AIDS (HOPWA-CV) PROGRAMS TO INCLUDE A RENTAL
ASSISTANCE PROGRAM FOR HOMELESS PEOPLE WITH
HIV/AIDS TRANSITIONING OUT OF THE OPERATION HOME KEY
MOTEL ROOMS TO PERMANENT HOUSING;
4) AUTHORIZING THE CITY ADMINISTRATOR TO PREPARE AND
SUBMIT TO THE UNITED STATES DEPARTMENT OF HOUSING &
URBAN DEVELOPMENT THE CITY’S SECOND SUBSTANTIAL
AMENDMENT TO ITS FISCAL YEAR 2019-2020 CONSOLIDATED
ANNUAL ACTION PLAN; AND
5) AUTHORIZING THE CITY ADMINISTRATOR TO AWARD ROUND-
ONE HOPWA CARES ACT GRANT AGREEMENTS, ROUND-TWO
EMERGENCY SOLUTIONS CARES ACT GRANT AGREEMENTS,
AND ROUND-THREE COMMUNITY DEVELOPMENT BLOCK GRANT
CARES ACT GRANT AGREEMENTS AS SET FORTH IN EXHIBIT A,
ATTACHED HERETO AND THE CITY’S AMENDED FISCAL YEAR
2019-2020 CONSOLIDATED ANNUAL ACTION PLAN, SUBJECT TO
COMPLIANCE WITH ANY APPLICABLE COMPETITIVE BIDDING
REQUIREMENTS, WITHOUT RETURNING TO COUNCIL.
WHEREAS, the United States Department of Housing & Urban Development (HUD) has released the second tranche of Coronavirus, Aid, Relief and Economic Security Act (CARES Act) funding for the Emergency Solutions Grant (ESG-CV2) and the third tranche of CARES Act funding for the Community Development Block Grant (CDBG- CV3) to support activities that prevent, prepare for and respond to coronavirus impacts; and
WHEREAS, in the second and third tranche of CARES Act funding, HUD has awarded the City of Oakland Nineteen Million, Two Hundred Eighty-Eight Thousand, One Hundred Seventy-Five Dollars ($19,288,175) under the ESG-CV2 and Three Million, Seven Hundred Twelve Thousand, Five Hundred Twenty-Nine Dollars ($3,712,594) under the CDBG-CV3; and
WHEREAS, HUD Grant Agreements for CARES Act funding awarded to the City of Oakland in the first tranche are fully executed for the CDBG-CV, ESG-CV and HOPWA- CV as authorized by Oakland City Council Resolution No. 88202 and 88135 C.M.S.; WHEREAS, updates to the first tranche HOPWA-CV program descriptions have been made to include rental assistance to people living with AIDS (PLWA) transitioning to permanent housing from Homekey Motel Room programs; and WHEREAS, pursuant to Title 24 of the Catalogue of Federal Regulations Part
91.505 (24 CFR 91.505) the City as a grantee of CDBG funds is required to submit an Amendment to its Annual Action Plan (AAP) whenever the decision is made (1) to make a change in its allocation priorities or a change in the method of distribution of funds; (2) to carry out an activity, using funds from any program covered by the AAP, not previously described in the AAP; or (3) to change the purpose, scope, location, or beneficiaries of an activity; and
WHEREAS, the City’s Citizen Participation Plan defines a substantial amendment to the AAP as (1) a change in the use of CDBG funding from one activity to another; (2) funding of an activity type not described in the Annual Action Plan; (3) changing the priorities contained in the Five-Year Strategy; and (4) increasing or reducing the amount allocated to an activity by more than 25 percent; and
WHEREAS, in order to add program descriptions and funding for ESG-CV2 and CDBG-CV3 and to update HOPWA-CV program descriptions, the City of Oakland must prepare and submit to HUD for review and approval, a Second Substantial Amendment To The City’s FY 2019/20 Consolidated Annual Action Plan (AAP); and WHEREAS, Title 24, section 91.105 of the Code of Federal Regulations (24 CFR
91.105) requires that recipients provide a period of 30 calendars days for public comment on the proposed FY 2019-2020 AAP and/or Amendments thereto; and Page | 2
WHEREAS, a HUD Memorandum released April 2, 2020 waives the 30-day public comment period for substantial amendments, provided that no less than 5 days are provided for public comments on each substantial amendment until the end of FY 2020/21; and
WHEREAS, a public hearing will be held on December 1, 2020 on the Second Substantial Amendment to the FY 2019/20 AAP; now, therefore be it RESOLVED: That the City of Oakland accepts and appropriates CARES Act funds awarded to the City of Oakland under ESG-CV2 and CDBG-CV3 in the amount of Nineteen Million, Two Hundred Eighty-Eight Thousand, One Hundred Seventy-Five Dollars ($19,288,175) and Three Million, Seven Hundred Twelve Thousand, Five Hundred Twenty-Nine Dollars ($3,712,694) respectively; and be it FURTHER RESOLVED: That the CARES Act funds awarded under ESG-CV2 shall be appropriated to Fund 2103, Organization 78411, Account 54912, Project “To Be Determined ESG-CV2”; and be it
FURTHER RESOLVED: That the CARES Act funds awarded under CDBG-CV3 shall be appropriated to Fund 2108, Organization 89949, Account 54912, Project 1005682; and be it
FURTHER RESOVED: That the City will provide a public comment period for the Substantial Amendment to the 2019/20 of not less than five days; and be it FURTHER RESOLVED: That the City Council hereby authorizes and directs the City Administrator or designee, to prepare and submit to HUD the Second Substantial Amendment to the FY 2019-2020 AAP and related documents, and to review and consider all public comments regarding said amended AAP; and be it FURTHER RESOLVED: That the City Council authorizes the City Administrator to award agreements to third-party contractors and sub recipients to be determined, for projects and activities as set forth in Exhibit A attached hereto and included in the City’s Second Substantial Amendment to the FY 2019-2020 AAP subject to compliance with any applicable ESG-CV2, CDBG-CV3 and HOPWA-CV City competitive bidding requirements, without returning to Council; and be it
FURTHER RESOLVED: That the City Administrator or designee is hereby authorized to approve any amendments to the Annual Action Plan, and any amendments, modifications or extensions of FY 2019-2020 agreements, and take any other action with respect to the agreements consistent with this Resolution and its basic purpose; and be it
FURTHER RESOLVED: That the City Council hereby authorizes the City Administrator or designee to conduct negotiations, execute documents, and take any other action with respect to the projects and the allocation of CDBG funds consistent with this Resolution and its basic purpose; and be it
Page|3
FURTHER RESOLVED: That prior to execution, all agreements shall be reviewed and approved as to form and legality by the City Attorney; and be it FURTHER RESOLVED: That executed copies of all agreements shall be filed with the City Clerk.
2998493v1
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - FORTUNATO BAS, GALLO, GIBSON-MCELHANEY, KALB, REID, TAYLOR, THAO AND PRESIDENT KAPLAN „
rNOES- 0
ABSENT -0
ABSTENTION -
pr
ATTEST:
ASHA REED
g City Clerk and Clerk of the Council
of the City of Oakland, CA
Actin
Page|4
Exhibit A
Activities below will be funded up to the amounts indicated for each category, not to exceed each grant award for H0PWA-CV2, ESG-CV2, and CDBG-CV3.
Housing Opportunities for Persons With AIDS CARES Act (HOPWA-CV) Updated Planned Activities in italics
Services, housing and activities to prevent,
prepare for and respond to COVID19 impacts
for persons living with AIDS.
Oakland EMSA under the HOPWA program
to provide Information and Referral for
PLWA, housing and support services for
people living with HIV/AIDS and their family
members; Housing Assistance, Short-Term
Rent Mortgage and Utility (STRMU)
assistance (Up to $122,467)
Rental Assistance to homeless people with
HIV/AIDS that are transitioning to permanent
housing, out of Operation Homekey Motel
Rooms (Up to $281,648)
Administration - $43,856
Funds will be allocated between Alameda County and Contra Costa County for the Oakland Eligible Metropolitan Statistical Area (EMSA) __________________________ ____ Round 2 CARES ACT EMERGENCY SOLUTIONS GRANT (ESG-CV2 ) Planned Activities Increase of services, housing and resources
to prevent, prepare for, and respond to
COVID19 impacts among individuals and
families who are homeless or receiving
homeless assistance; and to support
additional homeless assistance and
homelessness prevention activities to
mitigate the impacts of COVID-19.
Administration and planning
(Up to $1,900,000)
Emergency shelter services and operations
(Up to $10,000,000)
Rapid Rehousing & Prevention Services
(Up to $11,000,000)
Landlord incentives, and training.
(Up to $200,000) __________________
Hygiene (portable toilets and wash stations
on the street)
(Up to $1,500,000)________________
Outreach
(Up to $500,000)
Funds will be allocated through the City’s Rolling Request For Qualifications (RFQ) Process for Homeless Services.
Round 3 CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG-CV3) Planned Activities
Housing Stabilization activities; Affordable Housing Operations Support, Supportive and Homeless Housing, and Policy & Advocacy; each, in relation to the housing activities to prepare for, prevent and respond to COVID19 impacts to households most at risk for transmission and risk of eviction.
Housing Stabilization Rent & Mortgage Assistance
Eviction moratorium and outreach coordination
Mortgage counseling & assistance for low income and
senior homeowners
Education outreach campaign re: eviction moratorium and other non-RAP tenant protection laws
Legal services for African American and immigrant
communities experiencing rental instability.
Data analysis and support to identify and track affected communities
(Up to $1million)____________________________
Non-profit affordable housing providers, working capital, resident services.
(Up to $1 million)_________________________;__
Affordable Housing Operations
Support
Acquisition and Rehabilitation of
Affordable Housing
Acquisition of property to be rehabilitated for housing. (up to $1.5 million)
Production & Preservation of
Affordable Housing
Leverage permanent affordable housing strategies.
Permanent Supportive Housing/Low-to moderate income
projects for people experiencing homelessness and in
need of supportive services; Short to long term affordable housing strategies for people with special needs
(Up to $1.5 million)____________________________
https://files.hudexchanae.info/resources/documents/Quick-Other CDBG Activities current identified by HUD as eligible and
future HUD determinations of
“CDBG Eligible Activities to
Support Corona Virus and Other
Infectious Disease Response”
Guide-CDBG-lnfectious-Disease-Response.pdf
(Up to $500,000)
Administration and Planning Grant administration, lead, coordinate and participate, local and regional response for COVID 19.
(Up to $742,518) ____________________
Funds for Housing Stabilization activities will be allocated through the City’s Rolling Request For Qualifications (RFQ) Process for Housing and Public Services for low- and moderate- income residents of Oakland, particularly those most at risk of eviction.
Housing Consortium of the East Bay Page 1 of 25 3109539v1
PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF OAKLAND
AND
Housing Consortium of the East Bay (HCEB)
PARTIES AND EFFECTIVE DATE
This Professional Service Agreement (“Agreement” or “Contract”) is made by and between the CITY OF OAKLAND, a municipal corporation (“City“) and Housing Consortium of the East Bay (HCEB), a California nonprofit benefit corporation (“Contractor”) (collectively the “Parties”) and shall be ef fective on the date the Agreement is executed by all Parties (“Effective Date”).
RECITALS
WHEREAS, on December 1, 2020 the Oakland City Council passed Resolution No. 88416 C.M.S., which, among other things, accepted and appropriated Nineteen Million, Two Hundred Eighty -Eight Thousand, One Hundred Seventy -Five Dollars ($19,288,175) in Emergency Solutions Grant (ESG-CV) funds awarded to the City by the U.S. Department of Housing and Urban Development under the CARES Act to prevent, prepare for and respond to the coronavirus, and
WHEREAS, Resolution 88416 C.M.S. also authorized the City Administrator to award agreements to third-party contractors and sub recipients to be determined, for projects and activities including the increase of services, housing a nd resources to respond to the negative impact of the coronavirus on individuals and families who are homeless or receiving homeless assistance and to support additional homeless assistance and homelessness prevention activities to mitigate the negative impacts, and
WHEREAS, the City now wishes to enter into this agreement with Contractor to provide emergency interim housing sites identified by the City, and
WHEREAS funds are available for this Agreement in Fund ESG-CV 1005315.
NOW, THEREFORE, the Parties to this Agreement covenant as follows:
AGREEMENT PROVISIONS
1. Scope of Services
Contractor agrees to perform the services specified in Schedule A, Scope of Se rvices attached to this Agreement and incorporated herein by reference.
Housing Consortium of the East Bay Page 2 of 25 3109539v1
Contractor shall designate an individual who shall be responsible for communications with the City for the duration of this Agreement. The Project Manager for the City shall be Talia Y. Rubin, Program Analyst III.
2. Time of Performance
The time for performance under this Agreement (“Term”) shall begin on July 1, 2021 and shall end June 30, 2022.
3. Compensation and Method of Payment
Contractor shall be paid for the performance of services set forth in Schedule A during the Agreement Term in accordance with Schedule B, Budget, attached hereto and incorporated herein. Payments shall be based on actual eligible costs incurred by Contrac tor in the performance of the services under this Agreement but shall be capped so as not to exceed $850,000 (“Capped Amount”). The maximum that will be paid for the performance of services in Schedule A shall not exceed the Capped Amount, even if the Contractor’s actual costs exceed the Capped Amount. All invoices submitted for payment shall identify the completed deliverable(s) and the billable amount for each deliverable along with any supporting documentation (i.e. receipts). Payments shall be due upon completion and acceptance of the services or as otherwise specified in Schedule A or Schedule B.
In the aggregate, progress payments will not exceed ninety percent (90%) of the total amount of the Contract, with the balance to be paid upon satisfactory completion of the entire Contract. Progress, or other payments, will be based on services rendered, and will not be made in advance of services rendered.
In computing the amount of any progress payment (this includes any partial payment of the contract price during the progress of the work, even though the work is broken down into clearly identifiable stages, or separate tasks), the City will determine the amount that the Contractor has earned during the period for which payment is being made, on the basis of the Contract terms.
4. Independent Contractor
a. Rights and Responsibilities
It is expressly agreed that in the performance of the services necessary to carry out this Agreement, Contractor shall be, and is, an independent contractor, and is not an employee of the City. Contractor has and shall retain the right to exercise full control and supervision of the services, and full control over the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of Contractor’s services hereunder. Contractor shall be solely responsible for all matters relating to the payment of his/her employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for Contractor's own acts and those of Contractor’s subordinates and employees. Contractor will determine the method, details and means of performing the services described in Schedule A.
Housing Consortium of the East Bay Page 3 of 25 3109539v1
b. 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 City. Contractor warrants that the Contractor, and the Contractor’s employees and sub -consultants 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.
Failure to perform all of the Services required under this Agreement will constitute a material breach of the Agreement and may be cause for City’s 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 an d submit Schedule M, Independent Contractor Questionnaire, which shall be attached hereto and incorporated herein.
c. Payment of Income Taxes
Contractor is responsible for paying, when due, all income taxes, including estimated taxes, incurred as a result of the compensation paid by the City to Contractor for services under this Agreement. On request, Contractor will provide the City with proof of timely payment. Contractor agrees to indemnify the City for any claims, costs, losses, fees, penalties, interest or damages suffered by the City resulting from Contractor’s failure to comply with this provision.
d. Non-Exclusive Relationship
Contractor may perform services for, and contract with, as many additional clients, persons or companies as Contractor, in Contractor’s sole discretion, sees fit.
e. Tools, Materials and Equipment
Contractor will supply all tools, materials and equipment required to perform the services under this Agreement.
f. Cooperation of the City
The City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor’s duties under this Agreement.
Housing Consortium of the East Bay Page 4 of 25 3109539v1
g. Extra Work
Contractor will do no extra work under this Agreement without first receiving prior written authorization from the City.
5. Proprietary or Confidential Information of the City
Contractor understands and agrees that, in the performance of the work or services under this Agreement or in contemplation thereof, Contractor may have access to private or confidential information which may be owned or controlled by the City and that such information may contain proprietary or confidential details, the disclosure o f which to third parties may be damaging to the City. Contractor agrees that all information disclosed by the City to Contractor shall be held in confidence and used only in performance of the Agreement. Contractor shall exercise the same standard of car e to protect such information as a reasonably prudent contractor would use to protect its own proprietary data.
6. Ownership of Results
Any interest of Contractor or its Subcontractors, in specifications, studies, reports, memoranda, computations, drawings, plans, sheets or other documents prepared by Contractor or its Subcontractors in connection with services to be performed under this Agreement shall be assigned and transmitted to the City. However, Contractor may retain and use copies for reference and as documentation of its experience and capabilities.
7. Copyright
Contractor shall timely execute and provide to the City all necessary documents to assign to the City the copyright to works created pursuant to this Agreement.
8. Audit
Contractor shall maintain (a) a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement; and (b) full and complete documentation of performance related matters such as benchmarks and deliverables associated with this Agreement.
Contractor shall (a) permit the City to have access to those records for the purpose of making an audit, examination or review of financial and performance data pertaining to this Agreement; and (b) maintain such records for a period of four years following the last fiscal year during which the City paid an invoice to Contractor under this Agreement.
In addition to the above, Contractor agrees to comply with all audit, inspection, recordkeeping, and fiscal reporting requirements incorporated by reference.
Housing Consortium of the East Bay Page 5 of 25 3109539v1
9. Agents/Brokers
Contractor warrants that Contractor has not employed or retained any subcontractor, agent, company or person other than bona fide, full-time employees of Contractor working solely for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any subcontractor, agent, company or persons other than bona fide employees any fee, commission, percentage, gifts or any other consideration, contingent upon or resulting from the award of this Agreement. For breach or violation of this warranty, the City shall have the right to immediately terminate this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage or gift.
10. Assignment
Contractor shall not assign or otherwise transfer any rights, duties, obligations or interest in this Agreement or arising hereunder to any person, persons, entity or entities whatsoever without the prior written consent of the City and any attempt to assign or transfer without such prior written consent shall be void. Consent to any single assignment or transfer shall not constitute City’s consent to any further assignment or transfer.
11. Publicity
Any publicity generated by Contractor for the project funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, will make reference to the contribution of the City of Oakland in making the project possible. The words “City of Oakland” will 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 possib le at the request of Contractor to assist Contractor in generating publicity for the project funded pursuant to this Agreement.
Contractor further agrees to cooperate with authorized City officials and staff in any City- generated publicity or promotional activities undertaken with respect to this project.
12. Title of Property
Title to all property, real and personal, acquired by the Contractor from City funds shall vest in the name of the City of Oakland and shall be accounted for by means of a formal set of property records. Contractor acknowledges it is responsible for the protection, maintenance and preservation of all such property held in custody for the City during the term of the Agreement. The Contractor shall, upon expiration of termination of this Agreement, deliver to the City all of said property and documents evidencing title to same. In the case of lost or stolen items or equipment, the Contractor shall immediately notify the Police Department,
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obtain a written police report and notify the City in accordance with “Notice” section of this Agreement.
Contractor shall provide to the City Auditor all property -related audit and other reports required under this Agreement.
Contractor shall obtain the City’s approval prior to the disposition or s ale of any real or personal property acquired with City funds.
13. Insurance
Unless a written waiver is obtained from the City’s Risk Manager, Contractor must acquire and maintain for the duration of this Agreement, the policies of insurance identified in Schedule Q, Insurance Requirements, attached hereto and incorporated herein. Contractor must submit proof of insurance, which shall be attached hereto and incorporated herein.
14. Indemnification
a. Notwithstanding any other provision of this Agreement, Contractor shall indemnify and hold harmless (and at City’s request, defend) City, and each of their respective Councilmembers, officers, partners, agents, and employees (each of which persons and organizations are referred to collectively herein as "Indemnitees" or individually as "Indemnitee") from and against any and all liabil ities, claims, lawsuits, losses, damages, demands, debts, liens, costs, judgments, obligations, administrative or regulatory fines or penalties, actions or causes of action, and expenses (including reasonable attorneys' fees) caused by or arising out of any:
(i) Breach of Contractor's obligations, representations or warranties under this Agreement;
(ii) Act or failure to act in the course of performance by Contractor under this Agreement;
(iii) Negligent or willful acts or omissions in the course of performance by Contractor under this Agreement;
(iv) Claim for personal injury (including death) or property damage to the extent based on the strict liability or caused by any negligent act, error or omission of Contractor;
(v) Unauthorized use or disclosure by Contractor of Confidential Information as provided in Section 6 Proprietary of Confidential Information of the City above; and
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(vi) Claim of infringement or alleged violation of any United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
b. For purposes of the preceding Subsections (i) through (vi), the term “Contractor” includes Contractor, its officers, directors, employees, representatives, agents, servants, sub-consultants and subcontractors.
c. City shall give Contractor prompt written notice of any such claim of loss or damage and shall cooperate with Contractor, in the defense and all related settlement negotiations to the extent that cooperation does not conflict with City's interests.
d. Notwithstanding the foregoing, City shall have the right if Contractor fails or refuses to defend City with Counsel acceptable to City to engage its own counsel for the purposes of participating in the defense. In addition, City shall have the right to withhold any payments due Contractor in the amount of anticipated defense costs plus additional reasonable amounts as security for Contractor's obligations under this Section 15. In no event shall Contractor agree to the settlement of any claim described herein without the prior written consent of City.
e. Contractor acknowledges and agrees that it has an immediate and independent obligation to indemnify and defend Indemnitees from any action or claim which potentially falls within this indemnification provision, which obligation shall arise at the time any action or claim is tendered to Contractor by City and continues at all times thereafter, without regard to any alleged or actual contributory negligence of any Indemnitee. Notwithstanding anything to the contrary contained herein, Contractor’s liability under this Agreement shall not apply to any action or claim arising from the sole negligence, active negligence or willful misconduct of an Indemnitee.
f. All of Contractor’s obligations under this Section 15 are intended to apply to the fullest extent permitted by law (including, without limitation, California Civil Code Section 2782) and shall survive the expiration or sooner termination of this Agreement.
g. Contractor’s indemnification obligations set forth above shall not be limited by the City’s insurance requirements contained in Schedule Q hereof, nor by any other provision of this Agreement. City’s liability under this Agreement shall be limited to payment of Contractor in accord to the terms and condit ions under this Agreement and shall exclude any liability whatsoever for consequential or indirect damages even if such damages are foreseeable.
15. Right to Offset Claims for Money
All claims for money due or to become due from City shall be subject to de duction or offset by City from any monies due Contractor by reason of any claim or counterclaim
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arising out of: a) this Agreement; b) any purchase order; or c) any other transaction with Contractor.
16. Prompt Payment Ordinance
This Contract is subject to the City’s Prompt Payment Ordinance, Title 2, Chapter 2.06 of the Oakland Municipal Code. The Ordinance requires that, unless specific exemptions apply, the Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices unless the Contractor or its subcontractors notify the City of Oakland Liaison within the Department of Workplace and Employment Standards (“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 in vestigation by the Liaison upon the filing of a complaint. 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 Contrac tor 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, Contractor is required to file an affidavit, under penalty of perjury, that Contractor has paid all subcontractors, within five (5) business days following receipt of payment from the City. Th e affidavit shall provide the names and address of all subcontractors and the amount paid to each.
If any amount due by a prime contractor or subcontractor to any claimant for goods and/or services rendered in connection with a purchase contract is not timely paid in accordance with the Prompt Payment ordinance, the prime Contractor or subcontractor shall owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the improperly withheld amount per year for every month that payment i s not made, provided the claimant agrees to release the prime contractor or subcontractor from any and all further interest penalty that may be claimed or collected on the amount paid. Claimants that receive interest payments for late payment under the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity.
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Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with another contractor or subcontractor that delivers goods and/or services pursuant to or in connection with this Agreement.
Prompt Payment invoice and claim forms are available at the following City of Oakland website: https://www.oaklandca.gov/resources/prompt-payment-forms or in the Department of Workplace and Employment Standards, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612. Invoice and claim inquiries should be directed to Viv ian Inman, City of Oakland Prompt Payment Liaison, 510 -238-6261 or email [email protected].
17. Arizona and Arizona-Based Businesses
Contractor agrees that in accordance with City Resolution No. 82727 C.M.S., neither it nor any of its subsidiaries, affiliates or agents that provide services under this Agreement is currently headquartered in the State of Arizona, and shall not establish an Arizona business headquarters for the duration of this Agreement or until Arizona rescinds SB 1070. Contraction shall complete and submit Schedule B-1, Declaration of Compliance with the Arizona Resolution 82727, which shall be attached hereto and inco rporated herein.
Contractor acknowledges its duty to notify the City’s Department of Workplace and Employment Standards if Contractor 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.
18. Sanctuary City Contracting and Investment Ordinance
Ordinance No. 13540 C.M.S., adopted by the Oakland City Council on June 4th, 2019, prohibits the City from contracting with any person or e ntity that provides the United States Immigration and Customs Enforcement (ICE) services or goods for data collection or with the United States Customs and Border Protection (CBP) Customs and Border Protection (CBP), or the Department of Health and Human S ervices Office of Refugee Resettlement (HHS/ORR) to support immigration detention facilities. These contractors are not to be used unless the City Council makes a specific determination that no reasonable alternative exists. The Ordinance also prohibits the City from investing in any of these companies and requires the City to include notice of these prohibitions in any Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and any construction or other contracting bids. The Ordinance also requi res that the City provide an annual report to the Privacy Advisory Commission on its enforcement.
Contractor must complete and submit Schedule I, Sanctuary City Contracting and Investment Ordinance, which shall be attached hereto and incorporated herein.
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19. Border Wall Ordinance
This Contract is subject to the Border Wall Ordinance, Title 2, Chapter 2.22 of the Oakland Municipal Code. The purpose of the ordinance is to mandate and direct the City Administrator - in instances where there is no significant additional cost, to be defined in regulations, or conflict with law - to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S. -Mexico border wall.
The City is prohibited from entering into any contractual agreement for the purchase of services, goods, equipment, cyber network or cloud computing, internet, or cloud -based computer technology or services with any "BORDER WALL ENTITY" (as defined by Section 2.22.020 of the Oakland Municipal Code), individual, firm, or financial institution who prov ides any services, goods, equipment or information technology or cloud¬ based technology or services, to construction of the a wall along any part of the United States - Mexico border.
Contractor must complete and submit Schedule W, Border Wall Prohibition, which shall be attached hereto and incorporated herein.
20. Dispute Disclosure
Contractors are required to disclose pending disputes with the City of Oakland when submitting bids, proposals or applications for a City contract or transaction involving professional services, including contract amendments. Contractor agrees to disclose, and has disclosed, in Schedule K, Pending Dispute Disclosure, attached hereto and incorporated herein, any and all pending disputes with the City. Failure to disclose pending disputes prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.
21. Termination on Notice
The City may terminate this Agreement immediately with or without cause upon giving thirty (30) calendar days’ written notice to Contractor. Unless otherwise terminated as provided in this Agreement, this Agreement will terminate on June 30, 2022
22. Conflict of Interest
a. Contractor
The following protections against conflict of interest will be upheld:
i. Contractor certifies that no member of, or delegate to the Congress of the United States shall be permitted to share or take part in this Agreement or in any benefit arising therefrom.
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ii. Contractor certifies that no member, officer, or employee of the City or its designees or agents, and no other public official of the City who exercises any functions or responsibilities with respect to the programs or projects covered by this Agreement, shall have any interest, direct or indirect, in this Agreement, or in its proceeds during his/her tenure and for one year thereafter.
iii. Contractor shall immediately notify the City of any real or possible conflict of interest between work performed for the City and for other clients served by Contractor.
iv. Contractor warrants and represents, to the best of its present knowledge, that no public official or employee of City who has been involved in the making of this Agreement, or who is a member of a City board or commission which has bee n involved in the making of this Agreement, whether in an advisory or decision - making capacity, 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.
Contractor shall exercise due diligence to ensure that no such official or employee will receive such an interest.
v. Contractor further warrants and represents, to the best of its present kn owledge and excepting any written disclosures as to these matters already made by Contractor to City, that (1) no public official of City who has participated in decision-making concerning this Agreement or has used his or her official position to influenc e decisions regarding this Agreement, has an economic interest in Contractor 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. For purposes of this paragraph, an official is deemed to have an “economic interest” in any (a) for-profit business entity in which the official has a direct or indirect investment worth $2,000 or more, (b) any real property in which the official has a direct or indirect interest worth $2,000 or more, (c) any for-profit business entity in which the official is a director, officer, partner, trustee, employee or manager, or (d) any source of income or donors of gifts to the official (including nonprofit entities) if the income or value of the gift totaled more than $500 the previous year.
Contractor agrees to promptly disclose to City in writing any information it may receive concerning any such potential conflict of interest. Contractor’s attention is directed to the conflict of interest rules applicable to governmental decision - making contained in the Political Reform Act (California Government Code Section 87100 et seq.) and it’s implement ing regulations (California Code of Regulations, Title 2, Section 18700 et seq.).
vi. Contractor understands that in some cases Contractor or persons associated with Contractor may be deemed a “city officer” or “public official” for purposes of the conflict of interest provisions of Government Code Section 1090 and/or the Political Reform Act. Contractor further understands that, as a public officer or official, Contractor or persons associated with Contractor may be disqualified from future City contracts to the extent that Contractor is involved in any aspect of the making of that future contract (including preparing plans and specifications or performing design work or feasibility studies for that contract) through its work under this Agreement.
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vii. Contractor shall incorporate or cause to be incorporated into all subcontracts for work to be performed under this Agreement a provision governing conflict of interest in substantially the same form set forth herein.
b. No Waiver
Nothing herein is intended to waive any applicable federal, state or local conflict of interest law or regulation.
c. Remedies and Sanctions
In addition to the rights and remedies otherwise available to the City under this Agreement and under federal, state and local law, Contractor understands and agrees that, if the City reasonably determines that Contractor has failed to make a good faith effort to avoid an improper conflict of interest situation or is responsible for the conflict situation, the City may (1) suspend pa yments under this Agreement, (2) terminate this Agreement, and/or (3) require reimbursement by Contractor to the City of any amounts disbursed under this Agreement. In addition, the City may suspend payments or terminate this Agreement whether or not Cont ractor is responsible for the conflict of interest situation.
23. 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. Contractor shall complete and submit Schedule V, Affidavit of Non-Disciplinary or Investigatory Action, which shall be attached hereto and incorporated herein. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor and Contractor’s subcontractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, mental or physical disability (including but not limited to Acquired-Immune Deficiency Syndrome (AIDS), and AIDS-Related Complex (ARC)), military or military veteran status, or any other legally-protected class. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, promotion or 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 Subcontractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, mental or physical disab ility (including by not limited to AIDS, and ARC), military or military veteran status, or any other legally-protected class.
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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 Schedule C -1, 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.
24. Local and Small Local Business Enterprise Program (L/SLBE) The City of Oakland has adopted a Local and Small Local Business Enterprise Program (L/SLBE). The City’s current L/SLBE Program guidelines may be accessed via the following link:
https://cao-94612.s3.amazonaws.com/documents/LSLBE-Program- Guidelines_Revised.5.4.21.pdf
Contractor understands and agrees to the following:
a. Preference Points – Preference points are awarded based on the level of local, small local and very small local business participation that is proposed by contractors during the competitive solicitation process.
b. Maintaining Participation – As a condition of award of this Contract, Contractor must achieve and maintain the levels of local, small local or very small local business participation for which preference points were earned during the competitive solicitation process or the levels of participation agreed upon by the Parties during negotiation of this Agreement. Failure to achieve and maintain the proposed levels of participation may result in the imposition of penalties as set forth in the above - reference Local and Small Local Business Enterprise Program guidelines.
c. 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, which shall be attached hereto and incorporated herein.
25. Living Wage Ordinance
If the contract amount of this Agreement is equal to or greater than $25,000 annually, Contractor must comply with the Oakland Living Wage Ordinance, Title 2, Chapter 2.28 of the Oakland Municipal Code. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to, among others, employees of service contractors (consultants) of the City. Oakland employers are also subject to the City of Oakland Minimum Wage law (see Section 26, below), and must pay employees wages and provide benefits consistent with the Minimum Wage law or Oakland Living Wage Ordinance, whichever are greater.
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The Ordinance also requires Contractor’s submission of the completed Declaration of Compliance attached hereto and incorporated herein as Schedule N, and, unless specific exemptions apply or a waiver is granted, Contractor must provide the following to its employees who perform services under or related to this Agreement:
a. Minimum compensation – Said employees shall be paid an initial hourly wage rate of $15.30 with health benefits or $17.56 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 . Effect ive July 1 st of each year, Contractor shall pay adjusted Living 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 $2.26 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.
c. Compensated days off – Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal nece ssity 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 t hat 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 b e 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 - 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. There are several websites and other sources available to assist Contractor. Web sites include but are not limited to:
http://www.irs.gov for current guidelines as prescribed by the Internal Revenue Service.
e. Contractor shall provide to all employees and to the Division o f 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 of the above required written notices and forms in English, Spanish or other languages spoken by a significant number of employees within 30 days of each employee’s start of work under or related to this Agreement.
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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 Division of Contracts and Compliance, 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 a penalty of five hundred dollars ($500.00) for each day that the list remain s outstanding (OMC Section 2.28.110.C). 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 relat ed to this Agreement to comply with all of the foregoing Living Wage provisions. Contractor shall include the above -referenced provisions in its subcontracts and by signature confirms subcontractor compliance.
26. Minimum Wage Ordinance
Oakland employers are subject to Oakland’s Minimum Wage Law, Chapter 5.92 of the Oakland Municipal Code, whereby Oakland employees must be paid the City’s 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 also requires paid sick leave for employees and payment of service charges collected for their services.
Contractor agrees to provide the attestation regarding the City’s Minimum Wage Law in the City’s Combined Contract Schedules, by initialing, where indicated therein, which are attached hereto and incorporated herein. This contract is also subject to Oakland’s Living Wage Ordinance (see Section 25, above), and must pay employees wages and provide benefits consistent with the City’s Living Wage Ordinance or the Minimum Wage Law, whichever are greater. For further information, please visit the following website: https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges
27. Equal Benefits Ordinance
This Agreement is subject to the City’s Equal Benefits Ordinance, Title 2, Chapter 2.32 of the Oakland Municipal Code (“EBO”) and its implementing regulations. The purpose of the EBO 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 benefi ts by City contractors between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees.
The following contractors are subject to the EBO: Entities which enter into a "contract" with the City for an amount of twenty -five thousand dollars ($25,000.00) or more for, among other things, goods or services to be purchased 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.
The EBO only applies to those portions of a contractor’s operations that occur (1) within the City of Oakland; (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 p roperty, and if the contractor’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United
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States where work related to a city contract is being performed. The requirements of the EBO shall not apply to subcontracts or subcontractors of any contractor
The EBO requires, among other things, submission of a completed Schedule N-1, Equal Benefits-Declaration of Nondiscrimination, which shall be attached hereto and incorporated herein.
28. City of Oakland Campaign Contribution Limits
This Agreement, if it requires Council approval, is subject to the City’s Campaign Reform Act, Title 3, Chapter 3.12 of the Oakland Municipal Code, and its implementing regulations.
The City of Oakland Campaign Reform Act prohibits contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. Further, if this Agreement is subject to the Campaign Reform Act, Contractor must complete and submit Schedule O, Acknowledgment of Campaign Contribution Limits, which shall be attached hereto and incorporated herein.
29. Nuclear Free Zone Disclosure
Contractor represents that Contractor is in compliance with the City’s restrictions on doing business with service providers considered nuclear weapons makers. Contractor must complete and submit Schedule P, Nuclear Free Zone Disclosure Form, which shall be attached hereto and incorporated herein.
30. Political Prohibition
Subject to applicable State and Federal laws, Contractor agree that moneys paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, nor for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government.
31. Religious Prohibition
Contractor agrees that there shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Agreement.
32. Incorporation of Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards
Contractor agrees to comply with all applicable provisions in Attachment 1, Additional Provisions for Contracts Under Federal Award , to this Contract. Contractor also understands and agrees that all applicable provisions in Attachment 1 are hereby incorporated as if fully set forth herein.
Contractor must complete and submit Schedule Z , Certification of Debarment and Suspension, which shall be attached hereto and incorporated herein.
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33. Business Tax Certificate
Contractor shall obtain and provide proof of a valid City business tax certificate. Said certificate must remain valid during the duration of this Agreement.
34. Abandonment/Termination of Project
The City may abandon or indefinitely postpone the project or the services for any or a ll of the project under this Agreement at any time. In such event, the City shall give Contractor thirty (30) days written notice of such abandonment and termination of Agreement. In the event of abandonment prior to completion of the final drawings, if applicable, and cost estimates, Contractor shall have the right to expend a reasonable amount of additional time to assemble work in progress for the purpose of proper filing and closing the job. Prior to expending said time, Contractor shall present to t he City a complete report of said proposed job closure and its costs, and the City may approve or reject all or any part of said proposed costs. Such additional time shall not exceed ten percent (10%) of the total time expended to the date of notice of termination. All charges thus incurred and approved by the City, together with any other charges outstanding at the time of termination, shall be payable by the City within thirty (30) days following submission of a final statement by Contractor.
Should the project or any portion thereof be abandoned, the City shall pay the Contractor for all services performed up to the effective date of termination due to abandonment in accordance with the terms of this Agreement.
35. Validity of Contracts
This Agreement shall not be binding or of any force or effect until it is: a) approved by resolution of the City Council as required by the Oakland City Charter, Oakland Municipal Code Title 2.04 and Oakland City Council Rules of Procedure, b) approved as to form and legality by the Office of the City Attorney, and c) signed by the City Administrator or his or her authorized designee.
36. Governing Law
This Agreement shall be governed by the laws of the State of California.
37. Notice
If either party shall desire or be required to give notice to the other, such notice shall be given in writing, via facsimile and concurrently by prepaid U.S. certified or registered mail, addressed to recipient as follows:
City of Oakland Housing Consortium of the East Bay
Human Services Department 410 7th St., Suite 203
150 Frank Ogawa Plaza, Suite 4330 Oakland CA 94607
Oakland, CA 94612 Attn: Darin Lounds
Attn: Talia Y. Rubin
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Any party to this Agreement may change the name or address of representatives for purpose of this Notice Section by providing written notice to all other parties ten (10) business days before the change is deemed effective.
38. Entire Agreement of the Parties
This Agreement supersedes any and all agreements, either oral or written, between the parties with respect to the rendering of services by Contractor for the City and contains all of the representations, covenants and agreements between the parties with respect to the rendering of those services. Each party to this Agreement acknowledges th at no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any parties, which are not contained in this Agreement, and that no other agreement, statement or promise not contai ned in this Agreement will be valid or binding.
39. Modification
Any modification of this Agreement will be effective only if it is in a writing signed by all parties to this Agreement.
40. Severability/Partial Invalidity
If any term or provision of this Agreement, or the application of any term or provision of this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then notwithstanding such determination, such term or provision shall remain in force and effect to the extent allowed by such ruling and all other terms and provisions of this Agreement or the application of this Agreement to other situation shall remain in full force and effect.
Notwithstanding the foregoing, if any material term or provision of this Agreement or the application of such material term or condition to a particular situation is finally found to be void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the Parties hereto agree to work in good faith and fully cooperate with each other to amend this Agreement to carry out its intent.
41. Time of the Essence
Contractor agrees that time is of the essence in the performance of this Agreement.
42. Commencement, Completion and Close out
It shall be the responsibility of the Contractor to coordinate and schedule the work to be performed so that commencement and completion take place in accordance with the provisions of this Agreement.
Any time extension granted to Contractor to enable Contractor to complete the work must be in writing by the City and shall not constitute a waiver of rights the City may have under this Agreement.
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If Contractor fails to complete the work by the scheduled date or by an extended date, the City shall be released from all of its obligations under this Agreement.
Within thirty (30) days of completion of the performance under this Agreement, Contractor shall make a determination of any and all final costs due under this Agreement and shall submit a requisition to the City for such final and complete payment (including without limitations any and all claims relating to or arising from this Agreement). Co ntractor’s failure to timely submit a complete and accurate requisition for final payment shall relieve the City of any further obligations under this Agreement, including, without limitation, any obligation for payment of work performed or payment of claims by Contractor.
43. Counterpart Signatures.
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Contract. The partie s shall be entitled to electronically sign and transmit this Contract (whether by facsimile, PDF or other email transmission), which signature shall be binding on the signing party or the party on whose behalf the document has been signed. Any party provi ding an electronic signature agrees to promptly execute and deliver to the other parties an original signed Contract upon request.
44. Authority
The persons signing below represent and warrant that they have authority to bind their respective party, and all necessary approvals to sign on behalf of their respective party have been obtained.
45. Inconsistency
If there is any inconsistency between this Agreement and the attachments/exhibits hereto, the text of this main Agreement shall prevail.
[SIGNATURES ON NEXT PAGE]
Housing Consortium of the East Bay Page 20 of 25 3109539v1
City:
CITY OF OAKLAND,
a California municipal corporation
END OF PROFESSIONAL SERVICES AGREEMENT
Contractor:
Housing Consortium of the East Bay,
a California nonprofit benefit corporation
C2071343
___________________________________
Signature (Date)
___________________________________
Print Name
___________________________________
Title
_______________________________
City AdminisWUDWRU¶V2IILFH
'DWH
_______________________________
Department Head (Date)
Approved for form and legality:
_______________________________
&LW\$WWRUQH\¶V2IILFH
'DWH
City Resolution No. 88416__
Account No.:
Business License No. :
Jennifer Logue (Jan 4, 2022 09:27 PST)
Jennifer Logue
Sara Bedford (Jan 4, 2022 09:28 PST)
Deborah Lusk-Barnes 1/10/22 (Jan 10, 2022 09:26 PST) Deborah Lusk-Barnes 1/10/22
Housing Consortium of the East Bay Page 21 of 25
3091036v1
Schedule Q
INSURANCE
REQUIREMENTS
(Revised 09/12/2019)
a. General Liability, $XWRPRELOH:RUNHUV¶&RPSHQVDWLRQDQGProfessional Liability
Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Contractor shall provide the City with copies of all insurance policies. The insurance shall at a minimum include:
i. Commercial General Liability insurance shall cover bodily injury, property damage and personal injury liability for premises operations, independent contractors, products-completed operations personal & advertising injury and contractual liability. Coverage shall be on an occurrence basis and at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01)
Limits of liability: Contractor shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability Insurance. Contractor shall maintain automobile liability insurance for bodily injury and property damage liability with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired, and non- owned autos). Coverage shall be at least as broad as Insurance Services Office Form Number CA 0001.
iii. :RUNHUV¶Compensation insurance as required by the laws of the State of California, with statutory limits, and statutory coverage may include (PSOR\HUV¶ Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease. The Contractor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The Contractor shall comply with the provisions
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of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code. iv. Professional Liability/ Errors and Omissions insurance, if determined to be required by HRM/RMD, appropriate to the FRQWUDFWRU¶VSURIHVVLRQwith limits not less than $ each claim and $ aggregate. If the
professional liability/errors and omissions insurance is written on a claims- made form:
a. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
b. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract work.
c. If coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the contract effective date, the contractor must purchase extended period coverage for a minimum of three (3) years after completion of work.
v. &RQWUDFWRU¶V3ROOXWLRQLiability Insurance: If the Contractor is engaged in:
environmental remediation, emergency response, hazmat cleanup or pickup, liquid waste remediation, tank and pump cleaning, repair or installation, fire or water restoration or fuel storage dispensing, then for small jobs (projects less than $500,000), the Contractor must PDLQWDLQ&RQWUDFWRU¶VPollution Liability Insurance of at least $500,000 for each occurrence and in the aggregate. If the Contractor is engaged in environmental sampling or underground testing, then Contractor must also maintain Errors and Omissions (Professional Liability) of $500,000 per occurrence and in the aggregate.
vi. Sexual/Abuse insurance. If Contractor will have contact with persons under the age of 18 years, or provides services to persons with $O]KHLPHU¶Vor Dementia, or provides Case Management services, or provides Housing services to vulnerable groups (i.e., homeless persons) Contractor shall maintain sexual/molestation/abuse insurance with a limit of not less than $1,000,000 each occurrence and $1,000,000 in the aggregate.
Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract work.
vii. Technology Professional Liability (Errors and Omissions) OR Cyber Liability Insurance, if determined to be required by HRM/RMD, DSSURSULDWHWRWKH&RQVXOWDQW¶VSURIHVVLRQZLWKOLPLWVQRWOHVV than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Consultant in this agreement and shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The
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3091036v1
policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well as credit monitoring expenses with limits sufficient to respond to these obligations.
b. Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following conditions:
i. Insured Status (Additional Insured): Contractor shall provide insured status naming the City of Oakland, its Councilmembers, directors, officers, agents, employees and volunteers as insureds under the Commercial General Liability policy. General Liability coverage can be provided in the form of an endorsement to the &RQWUDFWRU¶Vinsurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later revisions used). If Contractor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on an ISO form CG 20 10 (or equivalent). A STATEMENT OF
ADDITIONAL INSURED STATUS ON THE ACORD INSURANCE
CERTIFICATE FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and
ii. Coverage afforded on behalf of the City, Councilmembers, directors, officers, agents, employees and volunteers shall be primary insurance. Any other insurance available to the City Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Agreement); and
iii. Cancellation Notice: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity; and
iv. The :RUNHUV¶&RPSHQVDWLRQpolicy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the contractor, its employees, agents and subcontractors; and
v. Certificate holder is to be the same person and address as indicated in the ³1RWLFHV´VHFWLRQof this Agreement; and
vi. Insurer shall carry insurance from admitted companies with an A.M. Best Rating of A VII, or better.
c. Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Contractor,
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3091036v1
such insurance in the name of Contractor as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement.
d. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.
e. Proof of Insurance
Contractor will be required to provide proof of all insurance required for the ZRUNSULRUWRH[HFXWLRQRIWKHFRQWUDFWLQFOXGLQJFRSLHVRI&RQWUDFWRU¶V insurance policies if, and when, requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the contract award.
f. Subcontractors
Should the Contractor subcontract out the work required under this agreement, they shall include all subcontractors as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, the Contractor may require all subcontractors to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City of Oakland and the Contractor shall be named as additional insured under the VXEFRQWUDFWRU¶V*HQHUDOLiability policy. All coverages for subcontractors shall be subject to all the requirements stated herein.
The City reserves the right to perform an insurance audit during the project to verify compliance with requirements.
g. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
h. Waiver of Subrogation
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3091036v1
Contractor waives all rights against the City of Oakland and its Councilmembers, officers, directors, employees and volunteers for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.
i. Evaluation of Adequacy of Coverage
The City of Oakland maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice.
j. Higher Limits of Insurance
If the contractor maintains higher limits than the minimums shown above, The City shall be entitled to coverage for the higher limits maintained by the contractor.
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
Attachment 1
Contract Provisions for Contracts under Federal Awards
1.0 Compliance with Federal Law, Regulations and Executive Orders:
Contractor acknowledges and understands that Federal Emergency Management Agency (FEMA) or other Federal financial assistance may be used to fund all or a portion of this Contract. Contractor agrees to comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives.
2.0 No Obligation by Federal Government:
The Parties agree that the Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
3.0 Program Fraud and False or Fraudulent Statements or Acts:
Contractor acknowledges and agrees that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the ContracWRU¶V actions pertaining to this contract.
4.0 DHS Seal, Logo and Flags:
Contractor agrees that Contractor shall not use the Department of Homeland Security (DHS) seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA preapproval.
5.0 Non-Discrimination.
During the performance of this Contract, Contractor agrees as follows:
5.1 Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
5.2 Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
5.3 Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
5.4 Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
5.5 Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
5.6 In the event of Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
5.7 Contractor will include the portion of the sentence immediately preceding paragraph (5.1) and the provisions of paragraphs (5.1) through (5.7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Contractor will take such action with respect to any
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:
Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.
6.0 Davis-Bacon Act.
If this Contract is a prime construction contract for an amount in excess of $2,000, Contractor agrees that:
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
6.1 All transactions regarding this Contract shall be done in compliance with the Davis- Bacon Act (40 U.S.C. 3141- 3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. Contractor shall comply with 40 U.S.C. 3141- 3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5, as applicable.
6.2 Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
6.3 Additionally, contractors are required to pay wages not less than once a week.
7.0 &RSHODQG³$QWL-.LFNEDFN´$FW.
If this is a Contract for construction or repair work in excess of $2000 to which the Davis- Bacon Act also applies, Contractor agrees that:
7.1 Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3, as may be applicable, which are incorporated by reference into this contract.
7.2 Contractor or subcontractor shall insert in any subcontracts the clause above and VXFKRWKHUFODXVHVDVWKH)HGHUDO(PHUJHQF\0DQDJHPHQW$JHQF\ ³)(0$´
PD\
by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
7.3 Breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
8.0 Contract Work Hours and Safety Standards Act.
If this Contract is for an amount in excess of $100,000 and involves the employment of mechanics or laborers1, Contractor agrees as follows:
8.1 Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate 1 Section 8.0 does not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
8.2 Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 8.1 of this section Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph
8.1 of this section, in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph 8.1 of this section.
8.3 Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 8.1 of this section.
8.4 Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs 8.1 through 8.4 of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 8.1 through 8.4 of this section.
9.0 Clean Air Act.
If the amount of this Contract exceeds $150,000, Contractor agrees as follows:
9.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
Contractor further agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
9.2 Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
F(0$DQGWKHDSSURSULDWH(QYLURQPHQWDO3URWHFWLRQ$JHQF\ ³(3$´
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Office.
9.3 Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
10.0 Federal Water Pollution Control Act.
If the amount of this Contract exceeds $150,000, Contractor agrees as follows:
10.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
10.2 Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to FEMA, and the appropriate EPA Regional Office.
10.3 Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.
11.0 Debarment and Suspension.
Contractor agrees that:
11.1 This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, Contractor is required to verify that none of ContractRU¶V principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
11.2 Contractor must comply with 2 C.F.R. pt. 180, subpart C and2 C.F.R.pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
11.3 This certification is a material representation of fact relied upon by the City. If it is later determined that Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
11.4 The bidder or proposer (or Contractor) agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract (including this Contract) that may arise from this offer. The bidder or proposer (or Contractor) further agrees to include a provision requiring such compliance in its lower tier covered transactions.
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
12.0 Byrd Anti-Lobbying Amendment, 31 U.S.C. Section 1352, as Amended.
12.1 Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.
12.2 If the amount of this Contract exceeds $100,000, Contractor shall sign and submit along with this Contract the CERTIFICATION REGARDING LOBBYING ± APPENDIX A, 44 C.F.R. PART 18 on page 9 of this Attachment 1.
13.0 Access to Records:
Contractor agrees that the following access to records requirements apply to this Contract:
13.1 Contractor agrees to provide the City of Oakland, any applicable Federal agency, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
13.2 Contractor agrees to permit any of the foregoing entities to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
13.3 Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
13.4 In compliance with the Disaster Recovery Act of 2018, the City of Oakland and Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.
14.0 Changes:
The Parties agree that any alteration of the method, price, or schedule of the work is subject to the CRQWUDFW¶VSURYLVLRQ
V
LIDQ\JRYHUQLQJDPHQGPHQWVDQGRUPRGLILFDWLRQVWRWKH Contract. Otherwise, the Parties agree that any modification of the Contract, including but
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
not limited to any alteration of the method, price, or schedule of the work, will be effective only if it is in a writing signed by all parties to this Agreement.
Attachment 1 ± Contract Provisions for Contracts under Federal Awards
CERTIFICATION REGARDING LOBBYING - APPENDIX A, 44 C.F.R. PART 18
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be 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 the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative 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, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, ³'LVFORVXUHForm to Report Lobbying´ in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. 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 $100,000 for each such failure.
The Contractor, , certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
________________________________________
6LJQDWXUHRI&RQWUDFWRU¶V$XWKRUL]HG2IILFLDO
________________________________________
1DPHDQG7LWOHRI&RQWUDFWRU¶V$XWKRUL]HG2IILFLDO
________________
Date
HCEB Schedule A - Scope of Work
3rd and Peralta 1
SCHEDULE A
SCOPE OF WORK
3RD AND PERALTA CO-GOVERNED PROGRAM
A. SERVICES TO BE PROVIDED
Contractor shall operate a Co-Governed Pallet Shelter Program at 3rd and Peralta, in 2DNODQG &DOLIRUQLD
WKH ³3URJUDP´
&RQWUDFWRU LV UHVSRQVLEOH IRU VLWH PDQDJHPHQW
services, working with community governance, coordinating site security services with site participants, coordination of site facilities maintenance, safety within the site, regular, quality engagement with site participants, and oversight of the day-to-day operations as described in this Scope of Work.
The Program will provide stability, safety, and linkages to critical services for approximately 60 individuals. The program is designed to serve clients who live near the Program site. The target population for this program are-identified residents living in encampments in Council District 3.
B. Planning:
a. Attend and support weekly meetings and group discussions on designing the operations of the space.
b. Further develop culture of participation, accountability, contribution, and conflict resolution.
c. Document meeting minutes and interviews with residents in sharable audio on website.
d. Coordinate with and be responsive to City of Oakland staff on progress and milestones within the planning process.
e. Support coordination with contractors, vendors and residents in the design and building out the facility as needed.
f. Navigate those uninterested or ineligible to other housing options.
C. Services Detail
1. Site Management Services
a. The program will operate as a homeless intervention on a City-controlled lot located at 3rd Street and Peralta.
b. Contractor will provide site management and coordinate site security and community self-governance.
c. Contractor shall comply with all state and local laws in operation of the program, including but not limited to, ensuring that all State and local health and safety standards, including requirements related to COVID-19, are complied with. d. The site must maintain proper lighting, fencing and entry/exit gate. e. The site will provide electrical power for staff and security offices and bathrooms.
HCEB Schedule A - Scope of Work
3rd and Peralta 2
f. Contractor shall facilitate and maintain community safety and security, including but not limited to maintaining designated emergency evacuation routes and procedures.
g. Site will be open to program participants 24 hours a day.
2. Outreach, Intake, Assessment
a. Contractor will coordinate with other community-based outreach activities led by &RXQFLOPHPEHU&DUUROO)LIH¶VRIILFH.
b. Contractor will work with community governance body to establish program guidelines and agreements and a program grievance policy. Contractor and Community Governance will establish the following documents to be signed by all participants:
x Program Agreement
x Code of Conduct and Safe Living Expectations
c. Contractor shall ensure that participants review and comply with all terms and conditions of the Program documents referenced in section 2b above. d. Contractor will manage the process of onboarding new participants as other participants exit the program to maintain a 90% occupancy rate e. Contractor will ensure that all program participants receive a Coordinated Entry System (CES) intake within the first 30 days of entry into the program.
3. Staffing/Program Oversight
a. Contractor staff will be on-site between the hours of 7:00am and 11:00pm, Monday-Friday.
b. Contractor shall ensure that an on-site Security Guard is on-duty 24 hours per day until site is stabilized; security shifts will decrease to 3rd shift Monday-Friday and 24/7 weekends.
c. Contractor shall assign each participant to a specific pallet shelter. d. Site Staff will ensure participants are residing in their assigned space and will ensure that pallet shelters are occupied by program participants only. e. Site Staff shall provide basic safety and security duties as well as resolve any issues as they occur.
f. 7KH 6LWH 0DQDJHU ZLOO EH WKH SURJUDP¶V SRLQW RI FRQWDFW WR &LW\ VWDII 7KH 6LWH Manager will be responsible for direct oversight of Site Management services and Site Monitoring services.
g. Contractor and its staff shall model positive attitudes and restorative approaches in its relationships with participants.
4. Engagement Services to be provided by the Contractor a. Build trusting relationships and develop a rapport that leads to acceptance and openness to receiving or seeking help.
b. Support community governance structure
c. Provide stipends for community members selected to serve as Community Safety Staff
d. Identify local, community-based groups to assist with participant leadership development and community building.
HCEB Schedule A - Scope of Work
3rd and Peralta 3
e. Inform participants of opportunities to receive homeless services. f. Site Manager will coordinate a weekly site meeting for participants to address any issues as they arise including facilities issues, conflict resolution, or reaching out to service providers on behalf of participants.
g. Create (with input from residents), maintain, and publicize a weekly calendar of service engagement opportunities and community building events available to participants.
h. Invite service providers to offer their services on-site to program participants (e.g. substance use groups, clean slate, workforce development, anger management, good tenancy workshops, etc.)
i. Meet regularly with City of Oakland staff and othe r service providers to communicate about participant needs, successes, progress, and challenges in order to collaboratively support participant success.
j. Manage flexible funds designed to assist clients with expenses related to document readiness and eligible housing costs.
5. Contractor shall provide the following Facilities services:
a. Contractor shall provide drinking water at a central water station. b. Contractor shall address any emergencies such as fire evacuation, police intervention, injury reports, etc.
c. Contractor shall manage and coordinate volunteers who want to participate in the project.
d. Contractor shall ensure all waste and garbage are disposed of in the site dumpster.
6. Site Security Services
a. Contractor shall provide the following Site Security services:
i. Security staff are responsible for addressing any safety and security concerns as they arise.
ii. Security staff will engage in de-escalating conflicts as they arise and call on emergency services (Fire, Ambulance, Police) on an as-needed basis. iii. Security will control access through the program site gate and ensure that only authorized people are on site.
iv. Security will ensure that quiet hours are maintained each day.
C. Service Objectives And Reporting
1. Contractor shall meet the following Outcome Objectives a. One hundred percent of program participants receive a Coordinated Entry Assessment b. Once site achieves initial occupancy, site always maintains 90% occupancy
2. Reporting
a. Reports shall be submitted by Contractor on a weekly basis, with electronic submissions due on Friday of each week.
b. Reports shall be submitted to City of Oakland Staff as assigned
HCEB Schedule A - Scope of Work
3rd and Peralta 4
c. Reports will include the following:
i. Total number of individuals residing at the site at the time of the report and cumulatively over the term of the program.
ii. Number of new participants since the last report.
iii. Number of participants who exited the program since the previous report, and cumulatively with outcomes for each and to where each exited. iv. Flex funds used, including amount and purpose.
v. Contractor shall provide a quarterly HMIS Demographic report and quarterly
HMIS APR
vi. Contractor will provide cumulative APRs in Q2 and Q4 vii. Reports shall be submitted by Grantee, with electronic submissions due on or before the tenth (10th) working day after the end of the quarter.
SCHEDULE B
BUDGET
HCEB
Schedule B
3rd and Peralta 1
1. Contractor shall comply with the attached Budget.
2. With prior written approval from City, Contractor may modify budget line items of up to ten (10%) percent of the indicated line item provided that the total compensation amount is not exceeded.
3. Budget line item modifications shall not alter any terms of this Agreement, including but not limited to the scope of services, time of performance, or compensation amount.
4. All requests for budget line item modifications should be accompanied by a brief letter requesting and explaining the changes, including a description of the specific line items and the reasons for the requested change. The letter should be accompanied by a revised budget with a column for the original budget, a column for the modification amount by line item, and a final column listing the final budget with modification.
5. ADVANCE: Upon execution of this Agreement, City may provide an advance in the not to exceed 30% of the total contract amount . Advance payments shall be offset against subsequent payments to Grantee at the rate of one -twelfth (1/12th) of the advanced amount over the life of the Agreement.
PROFESSIONAL SERVICES BUDGET
July 2021 to June 2022; revised 12/15/21
Grantee Name: HCEB
Program 3rd and Peralta
60 Pallet Shelter,
Female-Identified
Co-Governed
Program
I. DIRECT COSTS
7.1.21-
6.30.22 A. PERSONNEL
Annual
Salary
% FTE on
project 7/1/2021-
6/30/2021
pro-rated Dec-
June
Site Manager $ 60,000 1.00 $ 60,000 $ 35,000 Sr. Site Coordinator $ 47,840 1.00 $ 47,840 $ 27,907 Housing Navigator $ 48,880 1.00 $ 48,880 $ 28,513 Site Coordinators $ 40,560 3.20 $ 129,792 $ 75,712 Community Builder $ 48,880 1.00 $ 48,880 $ 48,880 Maintenance Tech $ 40,560 1.00 $ 40,560 $ 23,660
Subtotal $ 375,952 $ 239,672
SCHEDULE B
BUDGET
HCEB
Schedule B
3rd and Peralta 2
Fringe Benefits &
Rate
rate: 33.00%
$ 124,064 $ 79,092
SUBTOTAL $ 500,016 $ 318,764
Operations
Site Security - First Month $ 20,000 $ 11,667 Site Security - 11
months $ 118,272 $ 68,992
Community Safety
Staff- Front Gate 2.00 $ 9,600 $ 5,600 Flex Funds for housing placement/employment
readiness $ 34,190 $ 34,190
Office Set up - $ 10,000 $ 5,833 Client shared space set up $ 10,000 $ 10,000 Client storage needs - Bins $ 7,500 $ 7,500 Carport - BBQ area $ 5,000 $ 5,000 Pallet Shelters Furnishing $ 60,000 $ 60,000 Office Expenses - Including Technology $ 20,000 $ 20,000 Security System $ 10,000 $ 10,000
Direct Client Expenses - Supplies,
transportation, etc. $ 12,000 $ 7,000 Maintenance and Operations $ 24,000 $ 24,000 Waste Removal
Temporary Power;
portable generator $ 150,000 $ 150,000 Health and Safety (smoke/CO detectors and fire
extinguishers) $ 14,000 $ 14,000
SUBTOTAL $ 504,562 $ 433,782
TOTAL DIRECT COSTS $ 1,004,578 $ 752,546
Admin Costs @ 12.95%
To be billed in equal monthly installments $ 130,093 $ 97,455 GRAND TOTAL $ 1,134,671 $ 850,000
Jennifer Logue (Jan 4, 2022 09:27 PST)
Jennifer Logue
HCEB is a CA registered non-profit corporation.
IS
PARTB:
SCHEDULEM
INDEPENDENT CONTRACTOR OUESTIONNAffiE TO BE COMPLETED
BY REQUESTING DEPARTMENT
Contracting Dept. or Agency Human Services Department
Dept. or Agency Liaison Talia Y. Rubin (Ext.6590
Name of Contractor Housing Consortium of the East Bay
Contractor EIN or SSN
)
------------------------
To be completed by the City Department or Agency, and attached in completed form with Part A (completed by the Contractor) and submitted for written approval to the City Attorney before submission of contract.
1. Briefly describe the work to be performed by the Contractor. Contractor shall provide case management, site support services, and site management at a City approved designated site serving up to 60 individuals.
2. Will this contract require the Contractor to personally perform all services or will the Contractor have the option of assigning duties to his or her own employees or assistants? yes
3. Do you intend to give the Contractor instructions on how to do the work under the contract? no
4. Briefly describe the extent to which you are planning to supervise or oversee the work of the Contractor. checking in on progress and collaborating on work performance and problem solving
5. Will the work of the Contractor end because this is a finite project or will it end because there are not funds to support the continuation of the Contractor's work beyond a date certain? it is a finite IJroJect
6. Describe the extent to which the Contractor will work on or at City facilities or sites (rather than in the Contractor's own offices). it will occur at a designated site
7. Are all services to be performed by the Contractor clearly distinguishable from the duties performed by any employee in any City of Oakland job classification? yes
8. If your response to No. 7 is "No", identify job classifications having material duties which are similar. (Verify with OPRM if uncertain.) _________________ _
9. Will the Contractor be paid on an hourly basis?· If yes, please state the amount per hour. see schedule A and B
Revised 7 /20/00
109344.1 Page 1 of2
PART B: INDEPENDENT CONTRACTOR QUESTIONNAIRE (Continued)
10. Will the Contractor be paid on a total project basis? And, if the Contractor will be paid on a basis other than hourly or by total project basis, please describe ____________ _ See schedule A and B
11. Over how long a period of time will services under this contract be performed? July 1, 2021 through June 30, 2022
12. Will the services require the Contractor's full-time attention for any give day (6 or more hours) or given week (30 or more hours) during the
duration of the contract?
----------------
If yes, please indicate
the approximate amount of time see schedule --------A and B
13. Describe the extent to which the City is requiring the Contractor to perform the services on fixed days of the week or at fixed hours. _C _o _n _tr_ac_ t_o_r _sh_ a_ll_ p_r _o_vi_d_e ___________ _ case management, site support services, and site management at a City approved designated site
14. Will the Contractor be asked to keep hourly records and report time spent on the project by the hour or portions thereof?
Monthly, see schedule B
15. Will the Contractor be reimbursed or expect reimbursement for expenses incurred in the performance of this contract?
The contractor will not expect reimbursement over or above the contract amount.
16. Is the City expecting the Contractor to put in a minimum number of hours per week on the project?
17. Will the Contractor be expected to attend meetings scheduled by the City? If so, describe the type and frequency of meetings. _ye_s_,_a_s _n_e_e_d_ed ________________ _
18. Is there is a reason why the City cannot or should not employ the person as a temporary civil-service-exempt employee? If there is such a reason, briefly explain below:
yes, short distinct specialized role.
I VERIFY THAT THE ABOVE RESPONSES ARE TRUE AND CORRJG-l'�T0.:{HE BEST OF MY KNOWLEDGE.
/_ _ (
..
Da
- Department or Agency \son
11/18/21 L��:k�eu,V(.
�--�/··~··-���,�------
109344.1 Page 2 of2
From: Bailey, Michael <[email protected]>
Sent: Friday, December 3, 2021 11:03 AM
To: Rubin, Talia Y. <[email protected]>
Cc: Tannenbaum, Lara <[email protected]>
Subject: RE: Housing Consortium of the East Bay (HCEB) 3rd and Peralta Parcel program Insurance Approval Requests
Hi Talia,
HCEB meets the City’s insurance requirements.
Thank you,
Michael Bailey
Administrative Analyst II
City of Oakland
Human Resources Management Department
Risk Management Division
150 Frank Ogawa Plaza, Suite 3332
Oakland, CA 94612
(510) 986-2898 (direct)
[email protected]
From: Rubin, Talia Y.
Sent: Wednesday, December 1, 2021 7:14 PM
To: Bailey, Michael <[email protected]>; Elliott, Greg <[email protected]> Cc: Tannenbaum, Lara <[email protected]>
Subject: Housing Consortium of the East Bay (HCEB) 3rd and Peralta Parcel program Insurance Approval Requests
Good Afternoon –
I am seeking approval for the attached insurance for the Housing Consortium of the East Bay (HCEB) to operate the upcoming emergency shelter program we are standing up in the new few weeks.
The contract will be a PSA (being finalized).
The Scope of work and Insurance are attached here for your review.
Thank you in advance,
Talia
Talia Yaffa Rubin, LCSW
Program Analyst III
Community Homelessness Services Division
City of Oakland Human Services Department
150 Frank H. Ogawa Plaza, Suite 4340
Oakland, CA 94612
510-238-6590 office
510-238-3661 fax
[email protected]