OFFICE OF THE CITY ADMINISTRATOR
Jestin Johnson, City Administrator
REQUEST FOR PROPOSALS (RFP)
For
THE OAKLAND CHILDREN’S INITIATIVE
2-YEAR EXTERNAL EVALUATION
Due Date: Friday, December 22, 2023 – 2:00 p.m. (Pacific) Voluntary Pre-Proposal Meeting: Tuesday, November 28, 2023 at 9:30 a.m. (Pacific) – via Zoom, please register in advance for this meeting https://us02web.zoom.us/meeting/register/tZAtd-2rrTwvHtM_B3cCHqMiclfMwp3nsexL
REQUEST FOR PROPOSAL (RFP) –The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________
Rev.10.03.2023
Table of Contents
I. INTRODUCTION 2
II. SCOPE OF SERVICES 3
III. THE PROPOSAL 11
A. GENERAL INFORMATION 11
B. SUBMITTAL REQUIREMENTS 25
C. REQUIRED PROPOSAL ELEMENTS AND FORMAT 25
D. REJECTION OF PROPOSAL ELEMENTS 27
E. EVALUATION OF PROPOSALS – SUBJECT TO CHANGE 28
F. INTERVIEWS OF SHORT LISTED FIRMS 28
G. CONTRACT NEGOTIATIONS AND AWARD 30
IV. ATTACHMENTS 31
A. SAMPLE PROFESSIONAL SERVICE AGREEMENT 31
B. STAND ALONE SCHEDULES 54
C. CITY SCHEDULES AND POLICIES 72
The Combined Contract Schedules will be collected from the successful proposer before a final decision is made and up to full contract execution. It may be viewed at:
https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and- schedules or at 150 Frank H. Ogawa Plaza Suite 6 213, Oakland, CA, Department of Finance, Contracts Unit. Also, request a copy by email from [email protected]
REQUEST FOR PROPOSAL (RFP) –The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________
Rev.10.03.2023
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 1 I. INTRODUCTION
The Oakland Children’s Initiative External Evaluation Request for Proposal (RFP) is being issued by the City of Oakland, Office of the City Administrator, Oakland Children’s Initiative.
Pre-proposal Meeting Date and Time (Voluntary): Tuesday, November 28, 2023 at 9:30 A M via Zoom (Pacific) – please register in advance for this meeting https://us02web.zoom.us/meeting/register/tZAtd-
2rrTwvHtM_B3cCHqMiclfMwp3nsexL
Deadline for Questions: 2:00 PM (Pacific), December 15, 2023 by email to the Project Manager Jennifer Cabán, [email protected]
.
Proposal Submittal Deadline Date and Time: Friday, December 22, 2023 at 2:00 PM (Pacific)
Submit Proposals electronically to iSupplier:
Please log on to iSupplier to submit your
proposal before the 2:00 P.M. deadline. Questions regarding online submittal through iSupplier must be directed to [email protected] to the attention of Finance Contracts Division.
Proposals Must Be Received in iSupplier portal by Department of Workplace and Employment Standards (DWES) Staff No Later Than - 2:00 P.M. iSupplier will not allow late submittals and therefore please allow time to log in, create a response, and upload your Proposal. Email submittals will not be accepted.
The Contractor shall be required to comply with all applicable City programs and policies outlined in Attachment C. Details are presented in the project documents and will be discussed at the pre-proposal meeting. Discussions will include, but may not be limited to: ♦Equal Benefits for Registered Domestic Partners ♦Campaign Contribution ♦Post-project Contractor Evaluation ♦Prompt Payment ♦Arizona Boycott ♦ 0% L/SLBE per the availability analysis dated October 27, 2023♦ Dispute Disclosure ♦Living Wage ♦Minimum Wage ♦ Border Wall Prohibition♦ Sanctuary City Contracting and Investment Ordinance
Contractors who wish to participate in the RFP/RFQ process are required to register in iSupplier to receive addenda, updates, announcements, and notifications of contracting opportunities. We recommend updating your firm’s primary email address regularly and periodically confirming that the “Products and Services” section fully represents the scope of products and services provided. I f you have any questions, please email [email protected]
.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 2 For further information and detailed iSupplier registration instructions, please visit the following link https://www.oaklandca.gov/services/register-with-isupplier
Free copies of the RFP/RFQ documents and Addenda are available in iSupplier. Hard copies will NOT be available for purchase from the City. Please consult the City website for the Plan Holder list.
1. iSupplier Registration/Login:
https://www.oaklandca.gov/services/register-with-isupplier New registrants can
email [email protected] for registration instructions. Allow 3 working days for approval to access bid documents through iSupplier
2. iSupplier user guides: https://www.oaklandca.gov/documents/isupplier-user-guides
3. iSupplier Plan Holders List:
https://www.oaklandca.gov/services/active-closed-opportunties
Contact Information: The following City staffs are available to answer questions regarding this RFP.
1. Project Manager: Jennifer Cabán at [email protected] or 510-238-6840
2. Contract Admin: [email protected] or (510) 238-3363
3. Contract Compliance Officer: Sophany Hang at [email protected] or (510) 238-2723
BACKGROUND
The Oakland Children’s Initiative (Measure AA), driven to the ballot by community advocacy, is a 2018 Charter Amendment passed by the residents of Oakland to deepen the early investment in children and further enhance support for youth through postsecondary graduation. It does so by dramatically enhancing and expanding access to high quality early childhood education and promoting postsecondary education completion by providing college access, mentorship, and scholarship supportive services for public school students to obtain 4- year, 2-year college or technical degrees. The City of Oakland projects it will leverage +$30 million in annual revenue to purposefully invest to meet these goals over the next 30 years.
In 2022, through a thorough request for proposals process, the City of Oakland selected First 5 Alameda County to serve as the Implementation Partner for the Early Education Fund and Oakland Promise as the Implementation Partner for the Oakland Promise Fund. The Implementation Partners were selected to manage their respective funds and intentionally execute on the 5-year Guidelines set forth in the City’s Charter. Subsequently First 5 Alameda County, as prioritized in the ordinance, has subcontracted with Oakland Unified School District and City of Oakland Head Start, to serve in alignment with the Early Education Fund requirements. Details on each fund, priority partnerships, and populations can be found here:
Article XVI – The Children’s Initiative of 2018
.
OVERVIEW
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 3 The City of Oakland is seeking an external evaluator to develop and implement the initial 2-year evaluation for the Oakland Children’s Initiative (OCI) and its selected Implementation Partners.
Bids are requested for estimated costs for services with a total not to exceed $700,000.00 annually. For transparency, funding f or the evaluation will be paid for through the Oversight, Accountability, and Evaluation Fund, a seven percent subset of the OCI funding. At least one - third (1/3) of the monies deposited in the Oversight, Accountability and Evaluation Fund are appropriated for independent, third-party evaluations. Allowable uses are specified in the voter- approved Charter amendment.
II. SCOPE OF SERVICES
The Oakland Children’s Initiative is a multi- generational cross-sector partnership which is one of the first cities in the State of California to leverage local funding and blaze a path towards ensuring expanded quality access to early childhood education and providing comprehensive college access, mentorship, and scholarship support services for Oakland children and youth by prioritizing our highest need families. The ordinance prescribes the initial parameters for the investment of these public funds via 5- year guidelines. They also provide the framework to inform the evolution of these guidelines across the length of the initiative.
In accordance with the ordinance, the City of Oakland is soliciting proposals from evaluation firms to develop and implement the initial 2 -year evaluation which shall focus on identifying how the Initiative can show collective impact, overall delivery of services in relation to each of the Implementation Partners; this includes strategies, sub -strategies, and activities to increase access and enhance quality early care and education and college access supports. It will be important to consider the impact of the initiative on broader community/population well -being as compared to how the evaluation will document program design and deployment. Based on performance in the initial evaluation phase, the City may consider a longer -term partnership to support the 2-year evaluation requirement set forth in the ordinance.
The evaluation should align and account for the Results Based Accountability (RBA) Measures required to be established, collected, and reported by the Implementation Partners. The RBA provides metrics that identify measures of how much, how well, and what will be better off as a result of investments of the Oakland Children’s Initiative. These measures provide the platform for the identification of important quantitative and/or qualita tive data that will be collected by each Implementation Partner to measure real-time progress of implementation.
The selected evaluation firm will be responsible for conducting a holistic impact evaluation which accomplishes the following:
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 4 A. Aids the City of Oakland to identify the impact of its investments and overall implementation,
B. Offers insights and suggestions that will inform the next iteration of 5-year Guidelines to better meet real-time community needs and will uplift areas of improvement to align the work, and/or
C. Enhance existing practices and RBA metrics.
This evaluation will not include an assessment of day -to-day programmatic components of the Implementation Partners. The evaluation is expected to inform the City of Oakland, the Children’s Initiative Oversight Commission, and its multiple stakeholders of the collective impact of OCI funded strategies and inform decision- makers about how to deepen collective impact in future years. Furthermore, the OCI identifies five primary principles for this evaluation that are explained in greater detail below (see page 6). The evaluation design and execution should:
1. Organize around a whole child, whole family, and whole community framework
2. Examine how existing and new funding sources are being leveraged
3. Employ a mixed methods approach to data collection
4. Analyze system stability and sustainability
5. Consider the cost of care, affordability for family and meeting family need
The selected firm will work closely with the Accountability Officer and designated stakeholders to plan, conduct, and carry out the evaluation. This will include agreed upon research questions, data collection methods and procedures, production of any formative, summative, and/or impact evaluation reports, as well as presentation of those reports and findings to the Children’s Initiative Oversight Commission and, as needed, other key stakeholders.
Required Services
The selected contractor will be expected to conduct an evaluation that uses mixed methods approach to fully assess the impact of OCI. Evaluation deliverables should be usable and accessible by the public, government stakeholders, and funded program providers. Anticipated deliverables will include:
● Regular, routine engagement with the Accountability Officer and designated stakeholders, as agreed upon;
● Regular progress evaluation reports that demonstrate the advancement in development and implementation;
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 5 ● Summative, monthly feedback reports from interviews and/or engaged partners in the prior month;
● Impact evaluation report for the Oakland Children’s Initiative including one final report for the two-year period;
● PDF report / PowerPoint presentation slides that accompany each process and impact evaluation report to use in communicating findings to community and partner audiences; and
● Presentation(s) of findings from each process and impact evaluation report to community and partner audiences, as needed.
Minimum Qualifications and Prior Experience
The selected contractor needs to demonstrate:
● Prior success in conducting evaluations with similar features to that of the OCI and what is described in this request for proposals;
● Demonstrated proficiency in one or more of the whole child, whole family, and whole community frameworks including its application in an evaluation design;
● Demonstrated capability to examine multiple funding sources across sectors and how they are assessed relative to impact of an initiative;
● Demonstrated capacity and capability to analyze system stability and sustainability as described in the principles below (see Principles section below);
● Understands and is familiar with the fundamentals of the local and/or statewide education landscape (i.e. ECE, college access, etc.) and rudiments of meaningful family, community and partner engagement; and
● Equity Centered - demonstrated knowledge of the local community, holistic understanding of the forces impacting economically vulnerable groups, etc.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 6 Tentative Evaluation Timeline
Dates and deliverables listed are subject to change in partnership with the Accountability Officer:
STEPS DATES
Discovery Period February - March 2024
Community & Stakeholder Engagement / Interviews March – June 2024 Draft Recommended Evaluation June 2024
Final & Approved Evaluation Framework / Template June - July 2024 Evaluation Implementation July - December 2024
Evaluation Report Due December 2024 - January 2025
Presentation to Children’s Initiative Oversight
Commission January 2025
Present to Other Stakeholders, as needed January - February 2025
For Further Consideration by Potential Candidates
Principles
Building upon the scope of services are principles which currently inform the work of the Initiative. It is important that the evaluator understands and is able to demonstrate how their organization has and will leverage these frameworks in the course of executing the evaluation.
A common thread from the RBA metrics through the evaluation is the holistic support for children, youth, and families. It will be important to consider the impact of the initiative on broader community well -being as compared to how the evaluation will document program design and deployment. These are different but have compliments to one another. This evaluation will also help to inform the next iteration of the 5- year guidelines which should be directly responsive to community needs.
1. Organize Around a Whole Child, Whole Family, and Whole Community Framework
Why
Leveraging the available frameworks across the education, early education, behavioral health, and social service sectors will help to build a more comprehensive evidence base that creates the context for measuring the impact of the OCI. This will support a n evaluation that incorporates the context of broader community conditions that contribute and/or hinder the success in addressing disparities for children, youth, and families in the Oakland community.
What
OCI is but one of multiple investments that public and community-based agencies in the City of Oakland are making to improve the lives of its community members, particularly children, youth and families. Explicitly the OCI intends to direct funds to support an equitable allocation of
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 7 resources that support equitable opportunity and access for OCI target populations. As such, OCI will use a frame of whole child, youth, and families to consider its impact in concert with its partners, e.g. Implementation Partners, Implementation Partner subcontractors, and local adjacent efforts such as RiseEast, etc. Some of the research-based frameworks that may be used includes:
● Social Determinants of Health1
● Whole Child Framework2
● Ecological Model of Human Development3
Each of these frameworks draws from di fferent social science disciplines yet achieve a tremendous amount of compliment in their documentation and organization of what science says about supporting child well-being. These disciplines include: health (including public, primary, mental/behavioral), early learning and care, Transitional Kindergarten - 12 education, and psychology. In the case of each of these frameworks it is not plausible for the OCI evaluation to document the impact the OCI has in each of these areas. However, ensuring that the e valuator builds an approach that uses methods, data collection instruments, analysis, and reporting templates that present the results through these frameworks is anticipated.
2. Examine How Funding Sources Are Being Leveraged
Why
This principle sets out the parameter to identify how various funding sources can be better aligned to quality service implementation that combine all sources (federal, state, local, non- governmental) as well as types of resources (time, collaboration, supplies and materials, facilities, etc.) The OCI is a single local funding stream that is contributing vital resources to at least two different social sector ecosystems: early learning and care and Transitional Kindergarten - 12 education. These ecosystems have other existing funding streams that are supporting programs, services, and activities in their context. Understanding the full range of resources available to Oakland communities in addition to OCI provides an important lens to understand what needs are able to be met with combinations of public resources.
What
1 Office of Disease Prevention and Health Promotion. Accessed July 2023. Social Determinants of Health. U.S.
Department of Health and Human Services. Washington, DC. 2 Centers for Disease Control and Prevention Health Schools. Accessed July 2023. Whole School, Whole Community, Whole Child. C DC. Washington, DC.
3 Antony, E. M. (2022). Framing Childhood Resilience Through Bronfenbrenner’s Ecological Systems Theory: A Discussion Paper. Cambridge Educational Research e-Journal, 9, 244-257. https://doi.org/10.17863/CAM.90564
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 8 This evaluation aims to provide information on the ability of the OCI to directly contribute to the holistic support for children, youth, and families in Oakland. As such, understanding and documenting how OCI resources are being leveraged towards this end in combination with other resources directed at the same or complimentary purpose is important. This will include how OCI is complemented by other investments to advance shared outcomes for youth, children, and families in Oakland. This would include understanding coordination with other local, state, federal, and philanthropic monies.
This initial analysis could then be scaffolded to look at how and where resources are flowing within the City of Oakland to support intended activities in which multiple funding streams are used to concentrate resource efforts. Here are some of the ways in which that analysis might look by segment:
● Geographic: Present resource contributions by zip code, neighborhood ● Demographic: Race, ethnicity, income
● Child / Student Type: Present resource contributions by age, grade, provider type ● Need: Present resource contributions by child/student with a disability or special need, English Language Learner (ELL), foster youth, unhoused, highly mobile, etc. ● Family Unit: Present resource contributions by support for both the child/student as well as the parent/guardian (see the Cost of Care, Affordability for Family, and Family need principle below)
Complementing the two former analyses, the suggested resource analysis shared below may also provide valuable insights into how OCI is combined with other funds to enhance quality and/or provide access to communities. This analysis would involve documenting more than merely the funding amounts but encompass other types of resources including: staff time for direct learning and student support (mentorship, behavioral skill building, therapy, etc.), organized time for collaboration and partnership across organizations, non- labor such as supplies and materials, facilities, etc. This analysis may be combined with previous cited data presentations to understand how certain communities (by zip code or neighborhood) are experiencing and potentially benefiting from increased investment.
3. Employ a Mixed Methods Approach to Data Collection
Why
Employing meaningfully combines both quantitative and qualitative methods throughout the evaluation. The quantitative data would build upon the RBA measures as a starting place that then builds to complement the qualitative measures. These qualitative measures will centralize the voice and experience of communities helping to avoid deficit -based perspective and embracing a participatory approach.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 9 What
Blending Methods to Create a Holistic Narrative
A mixed methods approach will use qualitative and quantitative data that complement and inform one another. It will be important not to assume that there is access to all the quantitative data initially and/or that it will effectively communicate the stor y about the impact of the OCI.
In particular this would signal that the RBA metrics alone will not be sufficient and that further data collection either secondarily and/or primarily will be required as a condition to capture meaningful quantitative data for the evaluation. Through this approach it will invite the use of qualitative data collection that might include, but is not limited to: narrative and stories that elucidate some of the trends and changes coming through the quantitative data, offer more nuanced explanation for patterns observed through RBA metrics, and deeper dive into the circumstances of the target population to inform future supports.
Community Voice as Central to Data Collection & Synthesis At the heart of the OCI, a participatory appr oach would reap many benefits. Community involvement, particularly of those most impacted, in the design can ensure that the evaluation is of value to the community, provides a platform for a strengths -based approach, encourages the uptake of recommendations, etc. Consideration must be taken that balances both their involvement in the process with the time that they may actually have available. It will be important to create clear parameters on the requests being made of community members, some of key questions to consider are:
● Will those most impacted be included in the design of the evaluation? ● What are the details of that process?
● How will they be involved?
● How they will be compensated for their time could provide greater clarity?
4. Analyze System Stability and Sustainability
Why
This encompasses both the programs, services, and support directly subsidized by the OCI as well as direct funding to build the infrastructure and capacity of complementary efforts to support children, youth, and families in the Oakland community. Important in this analysis will be defining the ecosystem.
What
OCI is currently measuring the change in the number of children served by the Implementation Partner’s subcontractors and not changes in capacity (defined in multiple facets). Another consideration is showing a path toward sustainability of the capacity that can be built over the
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 10 long-term. Consistent with this principle is also incorporating shifts and changes in the landscape that could enable conditional changes. For example, identifying ways in which to measure how systems are coordinating with one another may be a vitally important barometer to understand the sum of capacity across service delivery.
In this principle, capacity would still be an important element but can go further into how that capacity aligns with family's needs, whether families can pay to maintain that level of capacity, and whether providers can continue to supply the capacity. These items depend on how well OCI subsidizes operational costs/supports the right parts of ECE and how ECE integrates with other systems to help build out that safety net. The same can be said in the realm of college access, acceptance, retention, and degree attainment.
5. Cost of Care, Affordability for Family, and Meeting Family Need
Why
Taking advantage of information derived through previously stated principles, this principle enables a view into how children, youth, and families are experiencing directly the increased public tax contribution and its translation to economic, financial and service support.
What
The evaluation should be considerate of the entirety of the ecosystem the OCI intends to impact – both providers and recipients of support. To that end, the affordability and quality access of care for families in the 0 -18 year old continuum is an important factor. This will also include satisfaction measurements not only around impacts to money but also navigability and the more precious resource, time:
● How does the system meet the needs/preferences of families? ● What are the opportunities to do better?
● Are there pathways to bridge the cradle to career work?
Audiences
This work will also consider audiences in construction of the more detailed metrics and reporting parameters. Audiences will include:
A. Oakland Children’s Initiative Oversight Commission / Accountability Officer: The Commission has two key roles which are:
a. To review the performance appraisals of the implementation of the Early Education and Oakland Promise programs presented by the Accountability Officer; and
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 11 b. To review the external evaluations of the implementation of the Early Education and Oakland Promise programs presented by the Accountability Officer.
B. Implementation Partners and its Subcontractors: The evaluation and enhancement to RBAs will be significant in the direction and guidance to Implementation Partners and their subcontractors. The findings can serve as guides for what is important to focus on when implementing programs, supports, and services to targeted populations. Such metrics can help to initiate and sustain conversations about the quality of implementation, particularly when used in a continuous quality improvement setting.
C. Community Partners & General Public: Adjacent to the OCI Commission / Accountability Officer audience, community partners and the general public are critical constituents to provide transparency of the measure’s investments and collective in the City of Oakland.
D. Public Systems & Electeds: As noted earlier in this document, the Oakland Children’s Initiative is a multi- generational cross-sector partnership which is one of the first cities in the State of California to leverage local funding and blaze a path towards ensuring expanded quality access to early childhood education and providing comprehensive college access, mentorshi p, and scholarship support services for Oakland children and youth by prioritizing our highest need families. The evaluation hopes to inform public systems and electeds on the benefits and high impact of local investments and rethinking/reshaping policies.
III. THE PROPOSAL
A. GENERAL INFORMATION
1. The successful proposer selected for this service shall obtain or provide proof of having a current City of Oakland Business tax Certificate.
2. The City Council reserves the right to reject any and all bids.
3. Local and Small Local Busin ess Enterprise Program (L/SLBE) - 0%
L/SLBE per the availability analysis dated October 27, 2023
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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 12 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.
4. The City’s Living Wage Ordinance
This Agreement is subject to the Oakland Living Wage Ordinance. The Living Wage Ordinance requires that nothing less than a prescribed minimum level of compensation (a living wage) be paid to employees of service Contractors (contractors) of the City and employees of CFARs (Ord. 12050 § 1, 1998). Oakland employers are also subject to the City of Oakland Minimum Wage law (see Section 5, below), and must pay employees wages and provide benefits consistent with the Minimum Wage law or Oakland Living Wage Ordinance, whichever are greater.
The Ordinance also requires submission of the Declaration of Compliance attached and incorporated herein as Declaration of Compliance – Living Wage Form; and made part of this Agreement, and, unless specific exemptions apply or a waiver is granted, the contractor must provide the following to its employees who perform services under or related to this Agreement:
a. Minimum compensation – Said employees shall be paid an initial hourly wage rate of $16.93 with health benefits or $ 19.44 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 13 Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor. Effective July 1st of each year, Contract shall pay adjusted wage rates.
b. Health benefits – Said full- time and part -time employees paid at the lower living wage rate shall be provided health benefits of at least $2.51 per hour . Contractor shall provide proof that health benefits are in effect for those employees no later than 30 days after execution of the contract or receipt of City financial assistance.
c. Compensated days off – Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full -time employment. Part-time employees shall accrue compensated days off in increments proportional to that accrued by full- time employees. Th e employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward provision of the required 12 compensated days off. Ten uncompensated days off shall be made available, as needed, for personal or immediate family illness after the employee has exhausted his or her accrued compensated days off for that year.
d. Federal Earned Income Credit (EIC) - To inform employees that he or she may be eligible for Earned Income Credit (EIC) and shall provide forms to apply for advance EIC payments to eligible employees. For more information, web sites include but are not limited to: (1) https://www.irs.gov/ and
https://www.irs.gov/credits-
deductions/individuals/earned-income-tax-credit
e. Contractor shall provide to all employees and to Department of Workplace and Employment Standards (DWES) written notice of its obligation to eligible employees under the City’s Living Wage requirements. Said notice shall be posted prominently in communal areas of the work site(s) and shall include the above -referenced information.
f. Contractor shall provide all written notices and forms required above in English, Spanish or other languages spoken by a significant number of employees within 30 days of employment under this Agreement. g. Reporting – Contractor shall maintain a listing of the name, address, hire date, occupation classification, rate of pay and benefits for each of its employees. Contractor shall provide a copy of said list to the Department of Workplace and Employment Standards (DWES), 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 14 five days of the due date will result in liquid ated damages of five hundred dollars ($500.00) for each day that the list remains outstanding.
Contractor shall maintain employee payroll and related records for a period of four (4) years after expiration of the compliance period. h. Contractor shall require subcontractors that provide services under or related to this Agreement to comply with the above Living Wage provisions. Contractor shall include the above-referenced sections in its subcontracts. Copies of said subcontracts shal l be submitted to Department of Workplace and Employment Standards (DWES).
5. Minimum Wage
Ordinance
Oakland employers are subject to Oakland’s Minimum Wage Law, whereby Oakland employees must be paid the current Minimum Wage rate. Employers must notify employees of the annually adjusted rates by each December 15
th and prominently display notices at the job site.
The law requires paid sick leave for employees and payment of service charges collected for their services. This contract is also subject to Oakland’s Living Wage Ordinance (see Section 4, above), and must pay employees wages and provide benefits consistent with the Living Wage Ordinance, whichever are greater.
For further information, please go to the following website:
https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service- charges
6. Equal Benefits Ordinance
This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City Contractors (contractors) between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. (Ord. 12394 (part), 2001)
The following contractors are subject to the Equal Benefits Ordinance:
Entities which enter into a "contract" with the City for an amount of twenty- five thousand dollars ($25,000.00) or more for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city; and Entities which enter into a "property contract"
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 15 pursuant to Section 2.32.020(D) with the City in an amount of twenty- five thousand dollars ($25,000.00) or more for the exclusive use of or occupancy (1) of real property owned or controlled by the city or (2) of real property owned by others for the city’s use or occupancy, for a term exceeding twenty-nine (29) days in any calendar year.
The Ordinance shall only apply to those portions of a Contractor’s operations that occur (1) within the City; (2 ) on real property outside the City if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the C ity; and (3) elsewhere in the United States where work related to a C ity contract is being performed. The requirements of this chapter shall not apply to subcontracts or sub-contractors.
The Equal Benefits Ordinance requires among other things, submission of the attached and incorporated herein as Schedule N-1, Equal Benefits- Declaration of Nondiscrimination form. For more information, see http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQ BEOR.html#TOPTITLE
7. Prompt Payment Ordinance OMC Section 2.06.070 Prompt Payment Terms Required in Notices Inviting Bids, Requests for Proposals/Qualifications and Purchase Contracts
This Agreement is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06. The Ordinance requires that, unless specific exemptions apply. Contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices unless the Contractor or its subcontractors notify the Liaison in writing within five (5) business days that there is a bona fide dispute between the Contractor or its subcontractor and claimant, in which case the Contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount.
Disputed payments are subject to investigation by the City of Oakland Liaison upon the filing of a compliant. Contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation.
If Contractor or its subcontractor fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Contractor progress payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 16 Contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. Contractor and its subcontractors shall be required to pass on to and pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, Contractor and its subcontractors, are required to file notice with the City of release of retention and payment of mobilization fees, within five (5) business days of such payment or release; and, Contractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each.
Contractor and its subcontractors shall include the same or similar provisions as those set forth above in this section in any contract with a contractor or subcontractor that delivers goods and/or services pursuant to or in connection with a City of Oakland purchase contract.
Prompt Payment invoice and claim forms are available at the following City of Oakland website:
https://www.oaklandca.gov/resources/prompt-
payment-forms o r at Department of Workplace and Employment Standards (DWES), 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612.
Invoice and claim inquiries should be directed to Vivian Inman, City of Oakland Prompt Pa yment Liaison, 510 -238-6261 or email [email protected].
8. Non-Discrimination/Equal Employment Practices
Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 17 b. Contractor and Contractor’s Sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired- Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.
c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein.
d. If applicable, Contractor will send to each labor union or representative of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. Contractor shall submit information concerning the ownership and workforce composition of Contractor’s firm as well as its sub-Contractors and suppliers, by completing the Ownership, Ethnicity and Gender Questionnaire.
f. The Project Contractor Team attached and incorporated herein and made a part of this Agreement, Exit Report and Affidavit, attached and incorporated herein and made a part of this Agreement.
g. All affirmative action efforts of Contractors are subject to tracking by the City. This information or data shall be used for statistical purposes only.
All Contractors are required to provide data regarding the make -up of their sub-Contractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question.
h. The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment.
i. In the recruitment of sub-Contractors , the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts,
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 18 which include outreach to minorities and women- owned businesses as well as other segments of Oakland’s business community. The City Administrator will track the City’s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS -Related Complex (ARC) or disability.
j. In the use of such recruitment, hiring and retention of employees or sub- Contractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland’s business community.
9. Arizona and Arizona-Based Businesses
Contractor agrees that in accordance with Resolution No. 82727 C.M.S., neither it nor any of its subsidiaries, affiliates or agents that will provide services under this agreement is currently headquartered in the State of Arizona, and shall not establish an Arizona business headquarters for the duration of this agreement with the City of Oakland or until Arizona rescinds SB 1070.
Contractor acknowledges its duty to notify Department of Purchasing, if it’s Business Entity or any of its subsidiaries affiliates or agents subsequently relocates its headquarters to the State of Arizona. Such relocation shall be a basis for termination of this agreement.
10. Sanctuary City Contracting and Investment Ordinance
Ordinance N.O. 13540 CMS was adopted by the Oakland City Council on June 4th, 2019 and prohibits the City from contracting with any person or entity 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 Services 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 requires that the City provide an annual report to the Privacy Advisory Commission on its enforcement.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 19 11. Border Wall Ordinance
T
his contract is subject to the Border Wall Ordinance of Oakland Municipal Code (Ordinance 13459 C.M.S, passed November 28, 2017) and effective immediately upon adoption. 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 of Oakland shall be 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" individual, firm, or financial institution who provides any services, goods, equipment or information technology or cloud - b
ased technology or
services, to the construction a wall along any part of the United States - Mexico border.
A
ll vendors seeking to do business with the City of Oakland must complete and sign “Schedule W” as a statement of compliance with Ordinance 13459 C.M.S,
12. Pending Dispute Disclosure Policy:
Contractors are required to disclose pending disputes with the City of Oakland when they are involved in submitting bids, proposals or applications for a City contract or transaction involving professional services. This includes contract amendments. Contractor agrees to disclose and has disclosed, any and all pending disputes to the City prior to the execution of this agreement. The City will provide a form for such disclosure upon Contractor’s request. Failure to disclose pending disputes prior to execution of this amendment shall be a basis for termination of this agreement.
13. City of Oakland Campaign Contribution Limits
This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implement ing regulations if it requires Council approval. The City of Oakland Campaign
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 20 Reform Act prohibits Contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. If this Agreement requires Council approval, Contractor must sign and date an Acknowledgment of Campaign Contribution Limits Form.
14. Nuclear Free Zone Disclosure
Contractor represents, pursuant to the combined form Nuclear Free Zone Disclosure Form that Contractor is in compliance with the City of Oakland’s restrictions on doing business with service providers considered nuclear weapons makers. Prior to execution of this agreement, Contractor shall complete the combined form, attached hereto.
15. SCOPE, OWNERSHIP AND USE OF CITY DATA
a. Scope of City Data
City data [“Data”] shall consist of any and all data disclosed or provided by the City to Contractor, or collected, developed or generated by Contractor, whether pursuant or incidental to the purposes of the Agreement
b. Ownership
All Data, shall be the exclusive property of and all ownership rights therein shall vest in the City. To the extent necessary, Contractor hereby assigns to the City any and all rights which arise out of, are developed in connection with, or are the results of the services Contractor provides under the Agreement. This provision shall not apply to Data defined as Exceptions under Section 123 (c) [“Proprietary or Confidential Information”].
c. Use of City Data
Contractor avers and covenants to not use City Data for any purpose whatsoever other than to fulfill its obligations to City under the Agreement. Contractor shall fully indemnify City for any claims against City resulting from Contractor’s use of City Data in violation of this provision.
16. SECURITY OF CITY DATA
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 21 a. City Data is highly sensitive, confidential and is of paramount importance to the City because unauthorized disclosures of the Data could seriously harm City and possibly third parties. Contractor acknowledges that City, in entering into this Agreement with Contractor, is relying upon Contractor’s professional expertise, know - how, judgment, experience and its representations in its System Security Plan [Exhibit 2] that the integrity of the security, availability and processing of its System protects and preserves the confidentiality and privacy of the Data. Further, Contractor represents that, at all times, its System will maintain and ensure that the Data remains secure and does not through any of Contractor’s actions or lack of thereof become vulnerable to unauthorized access by third parties. Contractor further warrants that its System has been accredited under currently recognized industry recognized standards.
b. Notwithstanding as may be otherwise provided in this Agreement and with the exception of those instances for which City is responsible, Contractor avers and covenants to be solely responsible for restoring and correcting any corruption to City Data that occur by reason of Contractor’s actions or lack thereof, including ransomware attacks upon Contractor, and to fully indemnify City for any claims against City resulting from corruption of City Data and other injuries ensuing from, but not limited to, the herein forestated events.
17. INDEPENDENT CONTRACTOR
Rights and Responsibilities. City shall have no authority over or responsibility for employees and subcontractors of Contractor. 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 complete and sole discretion for the manner in which the Work and Services under this Agreement is performed. Contractor will determine the method, details and means of performing the Services described in the SOW.
Contractor acknowledges and agrees that (i) Contractor’s employees and subcontractors are under Contractor’s sole supervision, direction and full control. of Contractor; and, (ii) that Contractor controls 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.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 22 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.
Non-Exclusive Relationship Contractor may perform services for, and contract with, as many additional clients, persons or companies as Contractor, in his or her sole discretion, sees fit.
Cooperation of the City The City agrees to comply wi th all reasonable requests of Contractor necessary to the performance of Contractor’s duties under this Agreement.
Extra Work Contractor will do no extra work under this Agreement without first receiving prior written authorization from the City.
18. Sample Professional Service Agreement
This Agreement is subject to the attached Sample Professional Service Agreement.
19. Insurance Requirements
The Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of the Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute grounds for rescission of the contract award.
The Contractor shall name the City of Oakland, its Council members, directors, officers, agents, employees and volunteers as additional insured in its Comprehensive Commercial General Liability and Automobile Liability policies. If Contractor submits the ACORD Insurance Certificate, the additional insured endorsement must be set forth on a CG20 10 11 85 form and/or CA 20 48 - Designated Insured Form (for business auto insurance).
Please Note: A statement of additional insured endorsement on the ACORD insurance certificate is insufficient and will be rejected as proof of the additional insured requirement.
Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at
https://www.oaklandca.gov/documents/contracts-and-compliance-forms-
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 23 and-schedules (Schedule Q). A copy of the requirements is attached and incorporated herein by reference. Liability insurance shall be provided in accordance with the requirements specified.
When providing the insurance, include the Project Name and Project Number on the ACORD form in the section marked Description of Operations/Locations.
When providing the insurance, the “Certificate Holder” should be listed as:
City of Oakland, Finance Department, 150 Frank H. Ogawa Plaza, Suite 6213, Oakland, CA 94612.
20. City Contractor Performance Evaluation
At the end of the project, the Project Manager will evaluate the Contractor’s Performance in accordance with the City Contractor P erformance Evaluation program.
21. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:
The City or Agency may, in their sole discretion, consider violations of any programs and policies described or referenced in this Request for Proposal, a material breach and may take enforcement action provided under the law, programs or policies, and/or terminate the contract, debar contractors from further contracts with City and Agency and/or take any other action or invoke any other remedy available under law or equity.
22. 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 t he City.
Contractor’s services will be performed in accordance with the generally accepted principles and practices applicable to Contractor’s trade o r profession. The Contractor warrants that the Contractor, and the Contractor’s employees and sub- contractors are properly licensed, registered, and/or certified as may be required under any applicable federal, state, and local laws, statutes, ordinances, rules, and regulations relating to Contractor’s performance of the Services. All Services provided pursuant to this Agreement shall comply with all applicable laws and regulations.
Contractor will promptly advise City of any change in the applicable law s, regulations, or other conditions that may affect City’s program. This means Contractor is able to fulfill the requirements of this Agreement. Failure to perform all of the services required under this Agreement will constitute a material breach of the Agreement and may be cause for termination of the Agreement. Contractor has complete and sole discretion for the manner in
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 24 which the work under this Agreement is performed. Prior to the execution of this agreement, Contractor shall complete the Independent Contractor Questionnaire, Part A, attached hereto.
23. All responses to the RFQ become the property of the City.
24. The RFQ does not commit the City to award a contract or to pay any cost incurred in the preparation of the proposal.
25. The City reserves the sole right to evaluate each proposal and to accept or reject any or all proposals received as a result of the RFQ process.
26. The City reserves the unqualified right to modify, suspend, or terminate at its sole discretion any and all aspects of the RFQ and/or RFQ process, to obtain further information from any and all Contractor teams and to waive any defects as to form or content of the RFQ or any responses by any contractor teams
27. The City may require a service provider to participate in negotiations and submit technical information or other revisions to the service provider’s qualifications as may result from negotiations.
28. All documents and information submitted to the City of Oakland in response to an RFP are public records pursuant to California Government Code, Sections 6254, et seq. and City of Oakland Sunshine Ordinance, Oakland Municipal Code Chapter 2.20. The City shall disclose such documents and information upon request by any member of the public, absent a mandatory duty to withhold or a discretionary exemption that the City may choose to exercise. The City shall not in any way be liable or responsible for any disclosures of documents or information made pursuant to a request under the Public Records Act or the City of Oakland Sunshine Ordinance.
29. The Fair Political Practices Act and/or California Government Code Section 1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any sub-contractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and RFQs , feasibility studies, master plans or preliminary discussions or negotiations.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 25 B. SUBMITTAL REQUIREMENTS
Submit Proposals electronically to iSupplier: Please log on to iSupplier to submit your proposal before the 2:00 P.M. deadline. Questions regarding online submittal through iSupplier must be directed to [email protected] with the heading of “RFP Assistance” or refer to the iSupplier userguide at https://www.youtube.com/watch?v=DMLb2hFLd0Y
All proposals must include the project name, submittal date, and time the proposals are due on the documents.
C. REQUIRED PROPOSAL ELEMENTS AND FORMAT
1. Transmittal Letter
a. For the transmittal letter, only. Addressed to Jestin Johnson, City Administrator, Office of the City Administrator, City Hall, 1 Frank Ogawa Plaza, 3rd Floor, Oakland, California, 94612. (Please do not submit proposals to this address or forward proposals to this address.)
b. Signed by an officer of the consultant. In case of a joint venture or other joint-prime relationship, an officer of each venture partner shall sign.
2. Project Team
a. In response to this RFP, the prime contractor shall be a qualified consulting firm.
b. Sub-Consultants (if used): list addresses, telephone numbers, and areas of expertise of each. Briefly describe the project responsibility of each team member. Identify which contractors are MBE, WBE, Local Business Enterprises (LBE) , and Small Local Business Enterprise (SLBE).
3. Project Personnel
a. Prime(s): Provide a detailed resume of the proposed principal-in- charge, lead person and the project manager(s). The Project Manager(s) shall be a full-time employee of the prime(s). Clearly identify experience.
b. Sub- Consultants : Provide a detailed resume of the proposed project manager, who shall be a full -time employee of each sub -
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 26 contractor for this project. Clearly identify relevant experience.
He/she shall be a professional currently licensed in the State of California.
4. Relevant Experience
a. Describe experiences performing similar functions in three local government operations to include a brief description of recommendations and outcomes.
b. If the team has worked together collaboratively, please include a description of this work.
c. Describe experiences and ability to work effectively with City staff, community groups, and other stakeholders.
5. Project Approach and Organization
a. Present your concept of the approach and organization required for this project. Indicate your understanding of the critical project elements.
b. Describe how you intend to interface with City staff and the community.
6. References
a. Prime Consultant(s): Three business related references, giving name, company, address, telephone number and business
relationship.
b. Proposed Project Manager(s): Two business related references, giving name, company, address, telephone number and business relationship to project manager.
7. Billing Rates
a. Provide a complete list of all staff hourly rates by category, i.e., Principal, Project Manager, Proj ect Professional, Technician, Clerical, etc. Hourly rates shall be all -inclusive, i.e., base salary, fringe benefits, overhead, profit, etc.
b. Shall be all-inclusive, i.e., base salary, fringe benefits, overhead, profit, etc.
8. Submittals are validated using the following RFQ Checklist.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 27 a Schedules (Required with submission)
1. Schedule E - Project Consultant Team
2. Schedule I – Sanctuary City Contracting and
Investment Ordinance
3. Schedule O - Campaign Contribution Limits
4. Schedule W – Border Wall Prohibition
9. Other schedules must be submitted prior to full contract execution and are available at https://www.oaklandca.gov/documents/contracts-and- compliance-forms-and-schedules
10. Addenda - Proposal and Acknowledgment of all Addenda – if issued, please provide signed addenda and submit with proposal.
11. Proprietary Information: All responses to the RFQ become the property of the City. To withhold financial and proprietary information, please label each page as "confidential" or "proprietary".
12. Public Records Act or Sunshine Ordinance: Although a document may be labeled "confidential" or "proprietary", information is still subject to disclosure under the Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on the potential impact of the public’s interests whether to disclose "confidential" or "proprietary" information.
D. REJECTION OF PROPOSAL ELEMENTS
The City reserves the right to reject any or all proposals, whether minimum qualifications are met, and to modify, postpone, or cancel this RFQ without liability, obligation, or commitment to any party, firm, or organization. The City reserves the right to request and obtain additional information from any candidate submitting a proposal. A proposal may be rejected for any of the following reasons:
Proposal received after designated time and date.
Proposal not in compliance with the City of Oakland Local/Small Local Business Enterprise Program.
Proposal not containing the required elements, exhibits, nor organized in the required format.
Proposal considered not fully responsive to this RFQ.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 28 E. EVALUATION OF PROPOSALS – SUBJECT TO CHANGE
1) Relevant Experience …………………… 30 points
• Past, recently completed, or on- going local government projects to substantiate experience.
• Experience on at least three (3) projects providing services like those described in this RFQ.
• Prior experience and ability to work with City staff, community groups, and other stakeholders.
2) Qualifications ……………………………… 25 points
• Professional background and qualifi cations of team members and firms comprising the team.
3) Organization ………………………………… 20 points
• Current workload, available staff and resources.
• Capacity and flexibility to meet schedules, including any unexpected work.
• Ability to perform on short notice and under time constraints. • Cost control procedures in design and construction.
• Ability to perform numerous projects at the same time.
4) Approach …………………………………… 20 points
• Understanding of the nature and extent of the services required. • A specific outline of how the work will be performed. • Awareness of potential problems and providing possible solutions. • Special resources the team offers that are relevant to the successful completion of the project.
5) Other Factors………………………………… 10 points
• Presentation, completeness, clarity, organization, and responsiveness of proposal.
F. INTERVIEWS OF SHORT-LISTED FIRMS – SUBJECT TO CHANGE
Interviews of short-listed qualified candidates may be held if a selection is not made from the evaluation phase.
1) It is anticipated that approximately three teams will be invited to interview.
The selected teams will be notified in writing, and will be required to submit
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 29 a detailed work scope, work schedule, and labor distribution spreadsheet (estimated hours by task by staff) the day before the interview. It is presently anticipated that the interviews will be conducted within five (5) working days of notification.
2) The interviews will last approximately 60 minutes, with the time allocated equally between the team’s presentation and a question -and-answer period.
The teams should be prepared to discuss at the interview their specific experience providing services like those described in the RFP, pr oject approach, estimated work effort, available resources, and other pertinent areas that would distinguish them. Interviews will be held at a City of Oakland office (exact location to be determined).
3) Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms:
a) Presentation:……………………………………..40 points (Scoring
criteria is like that of the proposal criteria.)
Relevant Experience
Qualifications.
Organization.
Approach.
Other Factors
b) Request for Proposal Submittal:………………………….25 points
• Total points from the initial review of proposals will be allocated proportionally based on a maximum allowance of 20 points
c) Interview / Questions:…………………………………35 points
Overall Rating Criteria: The following specific criteria and the points for each criterion, for a total of 100 points, will be used in evaluating and rating the short-listed firms The City anticipates the tentative schedule of events to be as follows:
Only those contractors meeting the relevant experience and submit the SOQ will be invited for interviews.
4) The City anticipates the tentative schedule of events to be as follows:
Distribution of RFP/RFQ 9AM , November 17, 2023 Pre-proposal Meeting 930AM, November 28, 2023
Submission of RFP/RFQ 2PM, December 22, 2023
Evaluation of Rankings December 29, 2023
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 30 Notification of Interviews January 3, 2024 Interviews January 18 -26, 2024
Contract Negotiations February 2024
Contract Documentation Distribution February 2024
Contract Award March 2024
G. CONTRACT NEGOTIATIONS AND AWARD- SUBJECT TO CHANGE
1. The completion of this evaluation process will result in the c ontractor being numerically ranked. The contractor ranked first will be invited to participate in contract negotiations. Should the City and the first ranked contractor not be able to reach an agreement as to the contract terms within a reasonable timeframe, the City may terminate the negotiations and begin negotiations with the contractor that is next in line.
2. The contract amount (including reimbursements) shall be a not to exceed amount, to be established based upon a mutually agreeable Scope of Services and fee schedule.
3. The City will withhold the final 10% of contract amount pending successful completion of work.
4. Upon successful completion of the negotiat ions, the City Administrator will award the contract to the selected contractor.
5. A sample City standard professional services agreement is included in the RFQ as referenced as Attachment A “ Sample Agreement ”. The selected contractor will be required to enter into a contract that contains similar terms and conditions as in the standard agreement. Please not e that the City Attorney’s Office is typically not inclined to make any modifications to the standard agreement terms and provisions.
6. Upon award the City will issue a Notice to proceed.
7. The selected contractor and its other members will be required to maintain auditable records, documents, and papers for inspection by authorized local, state and federal representati ves. Therefore, the contractor and its other members may be required to undergo an evaluation to demonstrate that the contractor uses recognized accounting and financial procedures.
END OF RFQ
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 31 ATTACHMENT A
SAMPLE ONLY
PROFESSIONAL SERVICE AGREEMENT
BETWEEN THE CITY OF OAKLAND
AND
NAME OF CONTRACTOR
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 [CONTRACTOR’s FULL LEGAL NAME] (“Contractor”) (collectively the “Parties”) and shall be effective on the date the Agreement is executed by all Parties (“Effective Date”).
RECITALS
A. The City wishes to [insert short description of services required].
B. This Agreement was competitively procured as required by Oakland Municipal Code Chapter 2.04. [or state the exception to competitive procurement and how waiver granted].
C. The City Council approved this Agreement by Resolution No. [] C.M.S. on [DATE].
D. The City Administrator has determined that this Agreement is for services that are professional, scientific, or technical and temporary in nature and that this Agreement will not result in the loss of employment or salary by any person having permanent status in the competitive service.
E. This Agreement is being funded in whole or in part by [ State/Federal Funding] from the [Entity] (Funding ID, or exact name of the Award).
F. Funds are available for this Agreement in [ insert Department Name] Fund ( insert fund number), [insert Project Number, if applicable].
NOW, THEREFORE, the Parties to this Agreement covenant as follows:
AGREEMENT PROVISIONS
2. Scope of Services
Contractor agrees to perform the services specified in Schedule A, Scope of Services attached to this Agreement and incorporated herein by reference.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 32 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 Project Manager.
3. Time of Performance
The time for performance under this Agreement (“Term”) shall begin on Month, Day, Year and shall end Month, Day, Year.
4. 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 Contractor in the performance of the services under this Agreement but shall be capped so as not to exceed $[Insert Amount] (“Capped Amount”). The maximum amount paid for the performance of services under this Agreement 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.
5. Independent Contractor
a. Rights and Responsibilities
It is expressly agreed that in the performance of the servic es 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 33 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.
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 m anner without the advice or direction of the 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 the 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 and submit Schedule M, Part A, 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 34 The City agrees to comply with all reasonable reques ts of Contractor necessary to the performance of Contractor’s duties under this Agreement.
g. Extra Work
Contractor will do no extra work under this Agreement without first receiving prior written authorization from the City.
6. 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 of which to third parties may be damaging to the City. Contractor agrees that all information received from the City, or collected on behalf of the City, including personal identifying data, shall be held in confidence and used only in the performance of the Agreement. Contractor shall exercise the same standard of care to protect such information as a reasonably prudent contractor would use to protect its own proprietary data.
7. 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.
8. 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.
9. 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.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 35 In addition to the above, Contractor agrees to comply with all audit, inspection, recordkeeping, and fiscal reporting requirements incorporated by reference.
10. 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.
11. 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.
12. 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 n ot limited to flyers, press releases, posters, brochures, public service announcements, interviews, and newspaper articles.
City staff will be available whenever possible at the request of 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.
13. 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, maint enance, 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 36 equipment, the Contractor shall immediately notify the Police Department, 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 sale of any real or personal property acquired with City funds.
14. 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.
15. Indemnification
a. Notwithstanding any other provision of this Agreement, Contractor shall indemnify and hold harmless (and at City’s request, defend) Ci ty, 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 liabilities, 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 Contr actor under this Agreement;
(iv) The use or occupancy of City property by Contractor, including but not limited to nuisance claims, claims by an invitee regarding claimed tenancy on City property, or claims related to habitability or tenantability of City property;
(v) 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;
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 37 (vi) Unauthorized use or disclosure by Contractor of Confidential Information as provided in the Proprietary or Confidential Information of the City section above; and
(vii) Claim of infringement or alleged violation of any United States patent right or copyright, trade secret, trademark, 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 the 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 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 the payment of Contractor in accord to the terms and conditions under this Agreement and shall exclude any liability whatsoever for consequential or indirect damages even if such damages are foreseeable.
16. Right to Offset Claims for Money
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 38 All claims for money due or to become due from City shall be subject to deduction or offset by City from any monies due Contractor by reason of any claim or counterclaim arising out of: a) this Agreement; b) any purchase order; or c) any other transaction with Contractor.
17. Prompt Payment Ordinance
Contractor shall comply with 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 receipt 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 investigation 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 Contractor or its sub contractor 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 the 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. The affidavit shall provide the names and addresses 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 pai d 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 is 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 39 payments for late payment under the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity.
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 Vivian Inman, City of Oakland Prompt Payment Liaison, 510-238-6261, or email
[email protected].
18. Arizona and Arizona-Based Businesses
Contractor confirms that it has read and understood City Resolution No. 82727 C.M.S., which urges City Departments to the extent practicable and in instances where there is no significant additional cost to the City of conflict with the law, to refrain fro m entering into new or amended contracts to purchase goods or services from any company that is headquartered in Arizona, and urges companies to also boycott the State of Arizona and Arizona-based businesses until Arizona repeals SB 1070. Contractor agrees , in accordance with City Resolution No. 82727 C.M.S., that Contractor is not 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.
19. Sanctuary City Contracting and Investment Ordinance
Contractor confirms that it has read and understood Oakland Municipal Code Chapter 2.23, Sanctuary City Contracting and Investment Ordinance, which prohibits the City from contracting with any person or entity that provides the United States Immigration and Customs Enforcement (ICE), the United States Customs and Border Protection (CBP) Customs and Border Protection (CBP), or the Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) with any “data broker,” “extreme vetting,” or “detention facilities” services (as defined in Oakland Municipal Code Section 2.23.020) unless the prohibition is waived.
Contractor certifies that it has completed a Declaration of Compliance with the Sa nctuary City Contracting and Investment Ordinance ( Schedule I ) to secure this Agreement, incorporated herein, and agrees, as a material condition of this Agreement, that Contractor and its agents or subcontractors that provide goods or services to or for the City under this Agreement have not been contracted to provide ICE, CBP, or the HHS/ORR with data broker, extreme vetting, or immigration detention facilities services, and that the City, in its sole discretion shall determine such failure.
20. Border Wall Ordinance
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 40 Contractor confirms that it has read and understood Oakland Municipal Code Chapter 2.22, Border Wall Ordinance, which prohibits the City 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 provides any services, goods, equipment or information technology or cloud- based technology or services, to construction of a wall along any part of the United States-Mexico border unless the prohibition is waived.
Contractor certifies that it has completed a Declaration of Compliance with the Border Wall Ordinance (Schedule W) to secure this Agreement, incorporated herein, and agrees, as a material condition of this Agreement, that Contractor and its agents or subcontractors that provide goods or services to or for the City under this Agreement have not been hired to provide services, goods, products, equipment, or information or cyber technology, construction, architectural, engineering, or any professional services for the construction of the Border Wall, or any Border Wall Work or provide such services for the duration this Agreement. Contractor stipulates that failure to comply with the requirements of Oakland Municipal Code Chapter 2.22 shall constitute a material breach by Contractor of this Agreement. The City in its sole discretion shall determine such failure.
21. Dispute Disclosure
Contractors are required to disclose pending disputes with the City of Oakland. Contractor agrees to disclose and has disclosed, any and all pending disputes with the City in writing to the Project Manager. Failure to disclose pending disputes prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.
22. Events of Default and Remedies
A. The occurrence of any of the following shall const itute a material default and breach of this Agreement by Contractor:
k. Failure to adequately perform the Work set forth in the Scope of Work; l. The use or expenditure of funds, property, and/or information provided under this Agreement by Contractor in any manner that is not consistent with the purpose of this Agreement or in compliance with the Scope of Work attached hereto; m. Failure of Contractor to comply with any obligations under this Agreement, or to observe or perform any other material provision of this Agreement; or n. Contractor’s (a) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any such involuntary filing brought by another party before the earlier of final relief or 60 days after the filing; (b) making a general assig nment for the benefit of creditors; (c) applying for the appointment of a receiver, trustee,
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 41 custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or 60 days after the filing; (d) insolvency; or (e) failure, inability or admission in writing of its inability to pay its debts as they become due.
B. The City shall give written notice to Contractor of any default by specifying the nature of the event or deficiency giving rise to the default, the action required to cure the deficiency, if an action to cure is possible, and a date, which shall be not less than 30 calendar days from the mailing of the notice, by which such action to cure, if a cure is possible, must be undertaken. Contractor shall not be in default if Contractor cures such default within the specified cure period, or, if such default is not reasonably capable of cure within the specified period, Contractor begins to cure the default within the c ure period and thereafter diligently pursues the cure to completion. Following any notice of an event of default, the City may suspend payments under this Agreement pending Contractor’s cure of the specified breach. Upon an event of default that has not been cured by Contractor, the City, in its discretion, may take any of the following actions:
1. Terminate this Agreement in whole or in part;
2. Suspend payments under this Agreement;
3. Demand immediate reimbursement of any funds disbursed under this Agreement;
4. Bring an action for equitable relief (i) seeking the specific performance by Contractor of the terms and conditions of the Agreement, and/or (ii) enjoining, abating, or preventing any violation of said terms and conditions, and/or (iii) seeking declaratory relief;
5. Bar Contractor from future funding by the City; and/or
6. Pursue any other remedy available at law or in equity.
23. 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 Month, Day, Year.
24. Conflict of Interest
a. Contractor
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 42 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.
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 progr ams or projects covered by this Agreement, shall have any interest, direct or indirect in this Agreement, or in its proceeds during his/her tenure or 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 been 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 will receive such an interest.
v. Contractor further warrants and represents, to the best of its present knowledge 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 influence 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 43 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 its implementing 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 futu re contract (including preparing plans and specifications or performing design work or feasibility studies for that contract) through its work under this Agreement.
vii. Contractor represents and warrants to the best of its present knowledge, that in addition to the State statutes, regulations, local ordinances, municipal code, and Charter provisions referenced in this section, Contractor has read and is aware of the City of Oakland Government Ethics Act (Oakland Municipal Code Chapter 2.25), including, without limitation, the provisions prohibiting Conflicts of Interest and Personal Gain set forth at OMC 2.25.040, and those prohibiting (a) the influencing of contracts with former employers and (b) nepotism, as set forth in OMC
2.25.070. Contractor agrees and acknowledges that Contractor shall adhere to the City of Oakland Government Ethics Act, to the extent Contractor is deemed a Public Servant thereunder.
viii. 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
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 44 situation, the City may (1) suspend payments 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 Contractor is responsible for the conflict of interest situation.
25. Non-Discrimination/Equal Employment Practices
Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state, or local laws. During the performance of this Agreement, Contractor agrees as follows:
a. Contractor and Contrac tor’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 f ollowing: 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 disability (including by not limited to AIDS, and ARC), military or military veteran status, or any other legally-protected class.
c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall comply with the Americans with Disabilities Act and all other applicable federal, state, and local disability rights legislation.
d. If applicable, Contractor will send to each labor union or representative of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
e. Contractors are required to disclose any disciplinary or investigatory actions against the Contractor by the Equal Employment Opportunity Commission (EEOC), Department of Fair Employment & Housing (DFEH), or the Office of Federal Contract Compliance Programs (OFCCP). Contractor agrees to disclose and has disclosed, any and all such disciplinary or investigatory actions in writing to the Project Manager. Failure to disclose
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 45 such action prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.
26. Local and Small Local Business Enterprise Program (L/SLBE) Contractor shall comply with the City of Oakland’s 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 the 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 - referenced 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.
27. Living Wage Ordinance
If the contract amount of this Agreement is equal to or greater than $25,000, 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 pr escribed 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 next section) and must pay employees wages and provide benefits consistent with the Minimum Wage law or Oakland Living Wage Ordinance, whichever are greater.
If applicable, Contractor certifies that it has submitted a completed Declaration of Compliance with the Living Wage Ordinance (Schedule N) to secure this Agreement, which is incorporated herein, and, unless specific exemptions apply or a waiver is granted,
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 46 Contractor agrees that it must provide the following to its employees who perform services under or related to this Agreement:
a. Minimum compensation and Health Benefits – Effective July 1 st of each year, Contractor shall pay adjusted Living Wage rates , dependent on whether health benefits are included. The current Living Wage Rates for each year can be found at https://www.oaklandca.gov/departments/workplace-employment-standards.
Contractor agrees to pay the rates as 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. Contractor shall provide proof that health benefits are in effect for those employees at the lower living wage rate no later than 30 days after execution of the Contract.
b. Compensated days off – Said employees shall be entitled to twelve compensated days off per year for sick leave, vacation, or personal necessity at the employee's request, and ten uncompensated days off per year for sick leave. Employees shall accrue one compensated day off per month of full time employment. Part -time employees shall accrue compensated days off in increments proportional to that accrued by full-time employees.
The employees shall be eligible to use accrued days off after the first six months of employment or consistent with company policy, whichever is sooner. Paid holidays, consistent with established employer policy, may be counted toward the 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.
c. 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.
d. Contractor shall provide to all employees 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.
e. 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.
f. 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 Department of Workplace and Enforcement Standards, on a quarterly basis, by March 31, June 30, September 30, and December 31 for the
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 47 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 remains outstanding (OMC Section 2.28.110.C). Contractor shall maintain employee payroll and related records for a period of three (3) years after expiration of the compliance period.
g. Contractor shall require subcontractors that provide services under or related 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.
28. 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 15
th 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.
This contract is also subject to Oakland’s Living Wage Ordinance (see previous section) 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, visit the following website:
https://www.oaklandca.gov/topics/minimum-wage-
paid-leave-service-charges
29. Equal Benefits Ordinance
If the contract amount of this Agreement is equal to or greater than $25,000, this Agreement is subject to the City’s Equal Benefits Ordinance (“EBO”), Title 2, Chapter 2.32 of the Oakland Municipal Code and its implementing regulations, which prohibits the City from contracting with entities that discriminate in the provision of employe e benefits between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees.
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 property, and if the contractor’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United State s 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.
If applicable, Contractor agrees to comply with the requirements of Oakland Municipal Code, Chapter 2.32, and agrees it has a duty to promptly provide to the City documents and information verifying its compliance.
30. City of Oakland Campaign Contribution Limits
If this Agreement requires Council approval, it is subject to the City’s Campaign Reform Act, Title 3, Chapter 3.12 of the Oakland Municipal Code, and its implementing regulations. The
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 48 City of Oakland Campaign Reform Act prohibits contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of or termination of, contract negotiations. If applicable, Contractor certifies that it has completed a signed certification form (Schedule O, Acknowledgment of Campaign Contribution Limits) to secure this Agreement, incorporated herein, and agrees to comply with Oakland Municipal Code Chapter 2.32.
31. Nuclear Free Zone Ordinance
Contractor confirms that it has read and understood Ordinance No. 11478 C.M.S., titled “An Ordinance Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons Work and City Contracts with and Investment in Nuclear Weapons Makers,” which restricts the City from entering into professional service agreements with nuclear weapons makers unless an exemption applies. Under Ordinance No. 11478 C.M.S., it is the City’s policy to minimize the expenditure of City funds on goods and services produced by nuclear weapons makers and Contractor is urged to comply with this policy in making purchases and subcontracts. Contractor agrees to comply with Ordinance No. 11478 C.M.S. in the provision of services under this Agreement and certifies that it is not a nuclear weapons maker.
32. Slavery Era Disclosure
Contractor confirms that it has read and understood the Slavery Era Disclosure Ordinance, Oakland Municipal Code Chapter 9.60, which requires contractors providing (1) insurance services or (2) financial services to the city of Oakland (including, but not limited to, any bank in which the city deposits public funds and any investment managers), whether subject to a competitive bid or not, and (3) each textile, tobacco, railroad, shipping, rice and/or sugar company doing business with the city, including but not limited to, such businesses with a city franchise, to disclose information related to the legacy of slavery.
If applicable, Contractor certifies that it has completed a signed Slavery Era Disclosure Affidavit (Schedule S) to secure this Agreement, incorporated herein, and agrees to comply with Oakland Municipal Code Chapter 9.60.
33. 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.
34. Religious Prohibition
Contractor understands and agrees that there shall be no religious worship, instruction, or proselytization as part of, or in connection with the performance of this Agreement.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 49 35. Business Tax Certificate
Contractor shall obtain and provide proof of a valid City business tax certificate. Said certificate must remain valid for the duration of this Agreement.
36. Compliance with State and/or Federal Standards
The funding for this Agreement is provided in full or in part by a Federal or State Grant to the City. As part of the terms of receiving the funds, the City is required to incorporate some of the terms into this Agreement and include certain reporting requirements. The incorporated t erms and requirements are stated in Exhibit 1 to the Scope of Work , “State/Federal Funding Terms.”
By executing this Agreement, Contractor certifies that Contractor is not suspended, debarred, or otherwise excluded from participation in federal assistance programs. Contractor has submitted Schedule Z , Certification of Debarment and Suspension, attached hereto and incorporated by reference herein.
37. Abandonment/Termination of Project
The City may abandon or indefinitely postpone the project or the services for any or all of the projects 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 reasonabl e 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 the 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.
38. 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 if required by the Oakland City Charter, Oakland Municipal Code Title 2.04 or 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.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 50 39. Governing Law
This Agreement shall be governed by the laws of the State of California.
40. Notice
If either party shall desire or be required to give disclosures or notice to the other, such disclosure or notice shall be given in writing, via facsimile, email, or other electronic transmission and concurrently by prepaid U.S. certified or registered mail, addressed to the recipient as follows:
(City of Oakland) Name of Contractor
Agency/Department Address
Address City State Zip
Oakland, CA Attn: Project Manager
Attn: Project Manager
Any party to this Agreement may change the name or address of representatives for the purpose of this Notice Section by providing written notice to all other parties ten (10) business days before the change is deemed effective.
41. 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 that 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 contained in this Agreement will be valid or binding.
42. Modification
Any modification of this Agreement will be effective only if it is in writing and signed by all parties to this Agreement.
43. 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.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 51 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.
44. Time of the Essence
Contractor agrees that time is of the essence in the performance of this Agreement.
45. Commencement, Completion, and Closeout
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.
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). Contractor’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.
46. 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 parties 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 providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Contract upon request.
47. Authority
The pers ons 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.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 52 48. 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]
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 53 City:
CITY OF OAKLAND,
a California municipal corporation
END OF PROFESSIONAL SERVICES
AGREEMENT SAMPLE
Contractor:
INSERT NAME IN ALL CAPS,
a California corporation [CONFIRM
CORPORATE STATUS]
___________________________________
Signature (Date)
___________________________________
Print Name
___________________________________
Title
_______________________________
City Administrator’s Office (Date)
_______________________________
Department Head (Date)
Approved for form and legality:
_______________________________
City Attorney’s Office (Date)
City Resolution No. _________________
Account No.:
Business License No. :
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 54 ATTACHMENT B1
(Stand-Alone Schedules Required with Proposal)
SCHEDULE E
(PROJECT CONSULTANT TEAM LISTING)
AND
SCHEDULE I
(SANCTUARY CITY CONTRACTING AND
INVESTMENT ORDIANCE)
AND
SCHEDULE O
(CAMPAIGN CONTRIBUTION LIMITS)
AND
SCHEDULE W
(BORDER WALL PROHIBITION FORM)
AND
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 55 SCHEDULE S
(SLAVERY ERA DISCLOSURE AFFIDAVIT)
An interactive version of the forms can be downloaded from Contracts and Compliance website https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules or request for a copy from Contracts Unit at [email protected]
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________ 56 1 | P a g e
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________
United States Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), and Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) Prohibition.
This Schedule must be submitted with all proposals or bids by all contractors/Consultants and their sub-contractors/subconsultants, and all vendors seeking to do business with the City of Oakland.
Compliance must be established prior to full contract execution.
I, (name) , the undersigned, of
(Position/Title
(Business Entity) - hereinafter referred to as Business Entity and duly authorized to attest on behalf of the business Entity), declare the following:
1. Neither this Business Entity nor any of its subsidiaries, affiliates or agents are under contract with the United States Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), or the Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) to provide services or goods for data collection or immigration detention facilities. The term “data collection” includes the collection of information (such as personal information about consumers) for another purpose from that which it is ultimately used, datamining in large data bases for trends and information, threat-modeling to identify probable attackers to computer systems, predictive risk analysis to predict future events, and similar services. Additionally, this business entity does not anticipate a contract with ICE, CBP, or HHS/ORR for such work for the duration of a contract/contracts with the City of Oakland.
2. The appropriate individuals of authority are cognizant of their responsibility to notify the City’s Project Manager and invoice reviewer or the City Administrator’s Office, Chief Privacy Officer if any of this Business Entity’s subsidiaries, affiliates, or agents are under contract with ICE, CBP, or HHS/ORR for the purposes listed above.
3. To maintain compliance, upon review and approval of invoices, the contractors/vendors hereby agree to submit a declaration on company stationery attached to each invoice that the company remains in compliance with the ICE, CBP, and HHS/ORR Prohibition and will not seek or secure a contract with ICE, CBP, or HHS/ORR.
4. Upon close out or completion of deliverables and prior to issuance of final payment (while honoring the Prompt Payment Ordinance), this business entity agrees to submit a statement attached to the final invoice, under penalty of perjury, declaring full compliance with the ICE, CBP, and HHS/ORR Prohibition. I understand that an invoice is not declared fully complete and accepted unless and until the declaration of compliance is accepted.
5. If this business entity fails to disclose a contract with ICE, CBP, or HSS/ORR to provide services for data collection or immigration detention facilities, the relevant persons may be guilty of a misdemeanor and up to a $1,000 fine. Additionally, the City Administrator may to the extent permissible by law, remedy any such violations and may use all legal measures available to rescind, terminate, or void contracts in violation.
6. I declare under penalty of perjury that the above will not, have not, and do not plan to contract with ICE, CBP, or HHS/ORR to provide services or goods for data collection or immigration detention facilities.
Schedule I
“Sanctuary City Contracting and Investment Ordinance”
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
_____________________________________________________________
PLEASE COMPLETE AND SIGN
◻ I declare that I understand Ordinance #13540 C.MS. Based on my understanding the above is true and correct to the best of my knowledge. or
◻ I declare that I understand Ordinance # 13540 C.MS. Based on my understanding all or a portion of the above is not true and correct to the best of my knowledge.
(Printed Name and Signature of Business Owner) (Date)
(Name of Business Entity) (Street Address, City, State, and Zip Code )
(Name of Parent Company) (If applicable)
Contacts:
Office Phone: Cell Phone:
email: ______________________________
SCHEDULE I DB/DM 2019
Date
For Office Use Only:
Approved/Denied/Waived
(signed)
Authorized Representative
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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SCHEDULE W
BORDER WALL PROHIBITION
(This form is to be completed by Contractors and their sub-contractors, and all Vendors seeking to do business with the City of Oakland)
I, , the undersigned, a
(Name)
of
(Title) (Business Entity)
(hereinafter referred to as Business Entity am duly authorized to attest on behalf of the business Entity)
I. Neither this Business Entity nor any of its subsidiaries, affiliates or agents are under contract with any branch of the federal government to plan, design, build, support, repair and/or maintain any part of the border wall nor do we anticipate entering or competing for such work for the duration of a contract or contracts with the City of Oakland.
II. The appropriate individuals of authority are cognizant of their responsibility to notify the city contact person/Project Manager, invoice reviewer or the Department of Workplace and Employment Standards (DWES), if any of the identified above decide to compete, plan, design, build, support, repair and/or maintain any part of work or servicing the border wall.
III. To maintain compliance, upon review and approval of invoices, the contractors/vendors hereby agree to submit attached to each invoice, a declaration on company stationery that the company remains in compliance with the Border Wall Prohibition and will not seek or secure a contract related to all aspects of the Border Wall
IV. Upon close out or completion of deliverables and prior to issuance of final payment (while honoring the Prompt Payment Ordinance) I agree to submit a statement attached to the final invoice, under penalty of perjury, declaring full compliance with the Border Wall Prohibition. I understand that an invoice is not declared fully complete and accepted unless and until the declaration of compliance is accepted.
V. I declare under penalty of perjury that the above will not, have not and do not plan to participate in the building, servicing, maintenance of the operations of the so called “Border Wall”.
I declare that I understand Ordinance #13459 C.MS. Based on my understanding the above is true and correct to the best of my knowledge.
I declare that I understand Ordinance #13459 C.MS. Based on my understanding all or a portion of the above is not true and correct to the best of my knowledge.
(Printed
Name and Signature of Business Owner) (Date)
(Name of Business Entity) (Street Address City, State and Zip Code)
(Name of Parent Company)
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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ATTACHMENT B2
(Stand-Alone Schedules Required Prior to Contract Award)
SCHEDULE E-2
(OAKLAND WORKFORCE
VERIFICATION)
AND
SCHEDULE Q
(INSURANCE REQUIREMENTS)
An interactive version of the forms can be downloaded from Contract s and Compliance website
https://cao-94612.s3.amazonaws.com/documents/Schedule-Q-Standard-Contracts-rev- 091219.pdf or request for a copy from Contracts Unit at [email protected]
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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Schedule Q
INSURANCE REQUIREMENTS
(Revised 09/12/2019)
a. General Liability, Automobile, Workers’ Compensation and Professional Liability
Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Contractor shall provide the City with copies of all insurance policies. The insurance shall at a minimum include:
i. Commercial General Liability insurance shall cover bodily injury, property damage and personal injury liability for premises operations, independent contractors, products-completed operations personal & advertising injury and contractual liability. Coverage shall be 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. Workers’ Compensation insurance as required by the laws of the State of California, with statutory limits, and statutory coverage may include Employers’ Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by disease. The Contractor certifies that he/she is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. The Contractor shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code.
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iv. Professional Liability/ Errors and Omissions insurance, if determined to be required by HRM/RMD, appropriate to the contractor’s profession with limits not less than $ each claim and $ aggregate. If the professional liability/errors and omissions insurance is written on a claims- made form:
a. The retroactive date must be shown and must be before the date of the contract or the beginning of work.
b. Insurance must be maintained, and evidence of insurance must be provided for at least three (3) years after completion of the contract work.
c. If coverage is cancelled or non-renewed and not replaced with another claims made policy form with a retroactive date prior to the contract effective date, the contractor must purchase extended period coverage for a minimum of three (3) years after completion of work.
v. Contractor’s Pollution Liability Insurance: If the Contractor is engaged in: environmental remediation, emergency response, hazmat cleanup or pickup, liquid waste remediation, tank and pump cleaning, repair or installation, fire or water restoration or fuel storage dispensing, then for small jobs (projects less than $500,000), the Contractor must maintain Contractor’s Pollution Liability Insurance of at least $500,000 for each occurrence and in the aggregate. If the Contractor is engaged in environmental sampling or underground testing, then Contractor must also maintain Errors and Omissions (Professional Liability) of $500,000 per occurrence and in the aggregate.
vi. Sexual/Abuse insurance. If Contractor will have contact with persons under the age of 18 years, or provides services to persons with Alzheimer’s or 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, appropriate to the Consultant’s profession, with limits not less 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 policy shall provide coverage for breach response costs as well as regulatory fines and
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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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 Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and CG 20 37 forms, if later revisions used). If Contractor submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on an ISO form CG 20 10 (or equivalent). A
STATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORD
INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE
REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and
ii. Coverage afforded on behalf of the City, Councilmembers, directors, officers, agents, employees and volunteers shall be primary insurance. Any other insurance available to the City Councilmembers, directors, officers, agents, employees and volunteers under any other policies shall be excess insurance (over the insurance required by this Agreement); and
iii. Cancellation Notice: Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the Entity; and
iv. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the contractor, its employees, agents and subcontractors; and
v. Certificate holder is to be the same person and address as indicated in the “Notices” section of this Agreement; and
vi. Insurer shall carry insurance from admitted companies with an A.M. Best Rating of A VII, or better.
c. Replacement of Coverage
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In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Contractor, such insurance in the name of Contractor as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Contractor under this Agreement.
d. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.
e. Proof of Insurance
Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of Contractor’s insurance policies if, and when, requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for rescission of the contract award.
f. Subcontractors
Should the Contractor subcontract out the work required under this agreement, they shall include all subcontractors as 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 subcontractor’s General Liability policy. All coverages for subcontractors shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the 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.
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h. Waiver of Subrogation
Contractor waives all rights against the City of Oakland and its Councilmembers, officers, directors, employees and volunteers for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above. i. Evaluation of Adequacy of Coverage
The City of Oakland maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice.
j. Higher Limits of Insurance
If the contractor maintains higher limits than the minimums shown above, The City shall be entitled to coverage for the higher limits maintained by the contractor.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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ATTACHMENT C: CITY SCHEDULES AND POLICIES
PLEASE READ CAREFULLY: It is the prospective primary proposer’s/bidder’s/grantee’s responsibility to review all listed City Schedules, Ordinances and Resolutions.
If you have questions regarding any of the schedules, Ordinances or Resolutions, please contact the assigned Contract Compliance Officer listed on the Request for Proposal s (RFP), Notice Inviting Bids (NIB), Notice To Bidders (NTB), Request for Qualifications (RFQ) and G rant announcements.
By submitting a response to this RFP/Q, NIB, NTB, or Grant opportunities, to the City of Oakland the prospective primary participant’s authorized representative hereby certifies that your firm or not-for profit entity has reviewed all listed City Schedules, Ordinances and Resolutions and has responded appropriately.
Note: additional details are available on our website as follows:
https://www.oaklandca.gov/documents/contracting-policies-and-legislation
1. Arizona and Arizona-Based Businesses - Applies to all agreements and is part of the “Contract”.
Contractor confirms that it has read and understood City Resolution No. 82727 C.M.S., which urges City Departments to the extent practicable and in instances where there is no significant additional cost to the City of conflict with the law, to refrain from entering into new or amended contracts to purchase goods or services from any company that is headquartered in Arizona, and urges companies to also boycott the State of Arizona and Arizona-based businesses until Arizona repeals SB 1070. Contractor agrees, in accordance with City Resolution No. 82727 C.M.S., that Contractor is not 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.
2. Declaration of Compliance with the Americans with Disabilities Act – Applies to all agreements and is part of the “Contract”.
i. This Agreement is subject to the Americans with Disabilities Act (ADA). It requires that private organizations serving the public make their goods, services and facilities accessible to people with disabilities. Furthermore, the City of Oakland requires that all its Contractors comply with their ADA obligations and verify such compliance by signing this Declaration of Compliance.
(1) You certify that you will comply with the Americans with Disabilities Act by:
(2) Adopting policies, practices and procedures that ensure non-discrimination and equal access to Contractor’s goods, services and facilities for people with disabilities;
(3) Providing goods, services and facilities to individuals with disabilities in an
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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integrated setting, except when separate programs are required to ensure equal access;
(4) Making reasonable modifications in programs, activities and services when necessary to ensure equal access to individuals with disabilities, unless fundamental alteration the Contractor’s program would result; (5) Removing architectural barriers in existing facilities or providing alternative means of delivering goods and services when removal of barriers is cost-prohibitive;
(6) Furnishing auxiliary aids to ensure equally effective communication with persons with disabilities;
(7) If contractor provides transportation to the public, by providing equivalent accessible transportation to people with disabilities.
ii. Prior to execution of this agreement and/or upon request, the contractor shall complete the Schedule C-1 form and submit to the City. The form can be found on our website at https://www.oaklandca.gov/documents/contracts-a nd- compliance-forms-and-schedules (see Combined Schedules)
For Declaration of ADA compliance for facility and other special events agreements please reference C-2 on the above web site.
3. Schedule D – (Ownership, Ethnicity, and Gender Questionnaire) – Applies to all agreements and is part of the “Combined Contract Schedules”. Please be advised that ethnicity and gender information will be used for reporting and tracking purposes ONLY.
This agreement is subject to the reporting of Ownership, Ethnicity and Gender questionnaire for
m. Prior to execution of this agreement and/or upon request, the contractor shall complete the Schedule D form and submit to the City. The form can be found on our website at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules (see Combined Schedules)
4. Schedule E – (Project Consultant or Grant Team). Applies to Non-Construction agreements and is a “stand alone Schedule4” and must be submitted with the proposal. i. This Agreement is subject to the attached hereto and incorporated herein as Schedule E form, this form is required to be submitted with the proposal. ii. The form can also be found on our website at
https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and- schedules.
iii. This form is use for establishing level of certified local Oakland for profit and not for profit participation and calculating compliance with council’s 50% local participation policy.
iv. In response to this RFP/Q or grant opportunity, the prime shall be a qualified for
4 Stand Alone Schedule is not part of the “Combined Schedule”.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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profit or not-for profit entity.
v. Sub-Consultants (if used) or sub-grantees must be listed to include: addresses, telephone numbers and areas of expertise/trace category of each. Briefly describe the project responsibility of each team member. Identify if contractors are certified MBE, WBE, Local Business Enterprises (LBE) and Small Local Business Enterprise (SLBE), Locally Produced Goods or Very Small Local Business Enterprise. Additionally, for LBEs/SLBEs, please submit a copy of current business license local business certificate and date established in Oakland.
5. Schedule E-2 (Oakland Workforce Verification Form) – Referenced in Attachment B.
Applies to Non-Construction agreements and is a “stand alone Schedule”, and must be submitted with proposal if seeking extra preference points for an Oakland Workforce. i. A ll prime consultants, contractors, or grantees seeking additional preference points for employing an Oakland workforce must complete this form and submit with "required attachments" to Department of Workplace and Employment Standards (DWES) no later than four (4) days after the proposal due date. For questions, please contact the assigned Compliance Officer named in the RFP/Q, NIB, and competitive grant opportunity.
ii. The Schedule E-2 form can be found on our website at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and- schedules
6. Schedule F – (Exit Report and Affidavit) – Applies to all agreements and is a “stand alone Schedule”.
i. T his Agreement is subject to the Exit Reporting and Affidavit form. The Schedule F form can be found on our website at
https://www.oaklandca.gov/documents/contracts-an
d-compliance-forms-and-
schedules.
ii. The Prime Contractor/Consultant/Grantee must complete this form as part of the close-out process. Each LBE/SLBE sub-contractor/sub-consultant and sub- grantee (including lower tier LBE/SLBE sub-contractors/sub-consultants, sub- grantees, suppliers and truckers). The Exit Report and Affidavit must be submitted to Department of Workplace and Employment Standards (DWES) with the final progress payment application. (Remember to please complete an L/SLBE Exit Report for each listed L/SLBE sub-contractor/sub-consultant or sub- grantee).
7. Schedule G – (Progress Payment Form) – Applies to all agreements and is a “stand alone Schedule”.
This Agreement is subject to the reporting of subcontractor progress payments monthly. The
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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Schedule G form can be found on our website at
https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules.
8. Pending Dispute Disclosure Policy – Applies to all agreements and is part of the “Contract”.
Contractors are required to disclose pending disputes with the City of Oakland. Contractor agrees to disclose and has disclosed, any and all pending disputes with the City in writing to the Project Manager. Failure to disclose pending disputes prior to execution of this Agreement or any subsequent amendment shall be a basis for termination of the Agreement.
9. Schedule M – (Independent Contractor Questionnaire, Part A). – Applies to all agreements and is part of the “Combined Contract Schedules”.
Prior to execution of this agreement and/or upon request, the contractor shall complete the S
chedule M form and submit to the City. The form can be found on our website at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules (see Combined Schedules)
10. Schedule N - (LWO - Living Wage Ordinance) – Applies to Non-Construction agreements and is a “stand alone Schedule”.
i. This Agreement is subject to the Oakland Living Wage Ordinance. The full details of the Living Wage Ordinance can be found on the City’s website (
https://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.28LIWAO R.html#TOPTITLE).
ii. Prior to execution of this agreement and/or upon request the contractor shall complete the Schedule N form and submit to the City. The form can be found on our website at
11. Schedule N-1 - (EBO - Equal Benefits Ordinance) – Applies to Non-Construction agreements over $25,000 and is a “stand alone Schedule”. i. This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The full details of the Equal Benefits Ordinance can be found on the City website at http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR. html#TOPTITLE.
ii. Prior to execution of this agreement and/or upon request the contractor shall complete the Schedule N-1 form and submit to the City. The form can be found on our website at
12. Schedule O – (City of Oakland Campaign Contribution Limits Form) - Applies to all agreements and is a “stand alone Schedule” and must be submitted with the proposal.
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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i. This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implementing regulations if it requires Council approval. The City of Oakland Campaign Reform Act prohibits Contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. If this Agreement requires Council approval, Contractor must sign and date an Acknowledgment of Campaign Contribution Limits Form attached hereto and incorporated herein as Schedule O.
ii. The form is also available on our website at
https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and- schedules
13. Nuclear Free Zone Ordinance - Applies to all agreements and is part of the “Contract”.
Contractor confirms that it has read and understood Ordinance No. 11478 C.M.S., titled “An Ordinance Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear Weapons Work and City Contracts with and Investment in Nuclear Weapons Makers,” which restricts the City from entering into professional service agreements with nuclear weapons makers unless an exemption applies. Under Ordinance No. 11478 C.M.S., it is the City’s policy to minimize the expenditure of City funds on goods and services produced by nuclear weapons makers and Contractor is urged to comply with this policy in making purchases and subcontracts. Contractor agrees to comply with Ordinance No. 11478 C.M.S. in the provision of services under this Agreement and certifies that it is not a nuclear weapons maker.
14. Schedule Q - (Insurance Requirements) - Applies to all agreements and is a “stand alone Schedule”, and evidence of insurance must be provided.
i. This Agreement is subject to the attached hereto and incorporated herein as Schedule Q Insurance Requirements. Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and- schedules Schedule Q.
ii. A copy of the requirements is attached and incorporated herein by reference.
Liability insurance shall be provided in accordance with the requirements specified.
iii. When providing the insurance, include the Project Name and Project Number on the ACORD form in the section marked Description of Operations/Locations. iv. When providing the insurance, the “Certificate Holder” should be listed as: City of Oakland, Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612.
15. Affidavit of Non-Disciplinary or Investigatory Action - Applies to all agreements is part
REQUEST FOR PROPOSAL (RFP) – The Oakland Children’s Initiative 2-Year External Evaluation
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of the “Contract”.
This Agreement is subject to the Schedule V - Affidavit of Non-Disciplinary or Investigatory Action. The form can be found on our website at
16. Schedule W – (Border Wall Prohibition )- Applies to all agreements and is a “stand alone Schedule”, and must be submitted with the proposal.
This Agreement is subject to the Ordinance #13459 C.M.S. and its implementing regulations.
The full details of the Border Wall Ordinance are located on the City website at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules
PLEASE NOTE: By submitting an RFP/Q, NIB, NTB, or Grants to the City of Oakland the prospective primary participant’s authorized representative hereby obligates the proposer(s) to the stated conditions referenced in this document.