Procurement Contract No. 24059
COUNTY OF ALAMEDA
STANDARD SERVICES AGREEMENT
This Agreement, dated as of July 1, 2022, is by and between the Alameda County Workforce Development Board (ACWDB), hereinafter referred to as the "County", and Oakland Private Industry Council, Inc., hereinafter referred to as the "Contractor".
WITNESSETH
Whereas, County desires to obtain workforce development services which are more fully described in Exhibit A hereto; and
Whereas, Contractor is professionally qualified to provide such services and is willing to provide same to County; and
Now, therefore it is agreed that County does hereby retain Contractor to provide Contracting Vendor Pay Agent and Employer of Record Services, and Contractor accepts such engagement, on the General Terms and Conditions hereinafter specified in this Agreement, the Additional Provisions attached hereto, and the following described exhibits, all of which are incorporated into this Agreement by this reference:
Exhibit A Definition of Services (Scope of Work)
Exhibit B Payment Terms
Exhibit B-1 Budget
Exhibit C Insurance Requirements
Exhibit D Debarment and Suspension Certification
Exhibit E Contract Compliance Reporting Requirements
Exhibit F Audit Requirements
Exhibit G WIOA Special Conditions
Exhibit G-1 Lobbying
Exhibit O Iran Contracting Act (ICA) of 2010
Attachment A Language Access
The term of this Agreement shall be from July 1, 2022 through June 30. 2026 The compensation payable to Contractor hereunder shall not exceed five million five hundred thousand dollars ($5,500,000) for the term of this Agreement.
Procurement Contract No. 24059
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.
COUNTY OF ALAMEDA OAKLAND PRIVATE INDUSTRY
COUNCIL, INC.
on Keith baron By Rayal Faulta
Signature Signature
Name: Keith Carson Name: Raymond Lankford
Title: President, Board of Supervisors Title: Chief Executive Officer Date: 7-7-2022
Approved as to Form:
Approved as to Form By signing above, signatory warrants and CONDAR. ZIEGLER, GOin Counsel represents that he/she executed this cuttin Agreement in his/her authorized capacity
By:_ VICTORIA WA and that by his/her signature on this
Print Name Agreement, he/she or the entity upor
County Counsel Signature
behalf of which he/she acted, executed this
Agreement.
Procurement Contract No. 24059
GENERAL TERMS AND CONDITIONS
INDEPENDENT CONTRACTOR: No relationship of employer and employee is created by this Agreement; it being understood and agreed that Contractor is an independent contractor. Contractor is not the agent or employee of the County in any capacity whatsoever, and County shall not be liable for any acts or omissions by Contractor nor for any obligations or liabilities incurred by Contractor.
Contractor shall have no claim under this Agreement or otherwise, for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance medical care, hospital care, retirement benefits, social security, disability, Workers' Compensation, or unemployment insurance benefits, civil service protection, or employee benefits of any kind
Contractor shall be solely liable for and obligated to pay directly all applicable payroll taxes (including federal and state income taxes) or contributions for unemployment insurance or old age pensions or annuities which are imposed by any governmental entity in connection with the labor used or which are measured by wages, salaries or other remuneration paid to its officers, agents or employees and agrees to indemnify and hold County harmless from any and all liability which County may incur because of Contractor's failure to pay such amounts.
In carrying out the work contemplated herein, Contractor shall comply with all applicable federal and state workers' compensation and liability laws and regulations with respect to the officers, agents and/or employees conducting and participating in the work; and agrees that such officers, agents, and/or employees will be considered as independent contractors and shall not be treated or considered in any way as officers, agents and/or employees of County.
Contractor does, by this Agreement, agree to perform his/her said work and functions at all times in strict accordance with currently approved methods and practices in his/her field and that the sole interest of County is to insure that said service shall be performed and rendered in a competent, efficient, timely and satisfactory manner and in accordance with the standards required by the County agency concerned.
Notwithstanding the foregoing, if the County determines that pursuant to state and federal law Contractor is an employee for purposes of income tax withholding, County may upon two week's notice to Contractor, withhold from payments to Contractor hereunder federal and state income taxes and pay said sums to the . federal and state governments.
Procurement Contract No. 24059
INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall hold harmless, defend and indemnify the County of Alameda, its Board of Supervisors, employees and agents from and against any and all claims, losses, damages, liabilities and expenses, including but not limited to attorneys' fees, arising out of or resulting from the performance of services under this Agreement, provided that any such claim, loss, damage, liability or expense is attributable to bodily injury, sickness, disease, death or to injury to or destruction of property, including the loss therefrom, or to any violation of federal, state or municipal law or regulation, which arises out of or is any way connected with the performance of this agreement (collectively "Liabilities") except where such Liabilities are caused solely by the negligence or willful misconduct of any indemnitee. The County may participate in the defense of any such claim without relieving Contractor of any obligation hereunder. The obligations of this indemnity shall be for the full amount of all damage to County, including defense costs, and shall not be limited by any insurance limits.
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction or the Alameda County Employees' Retirement Association (ACERA) or California Public Employees' Retirement System (PERS) to be eligible for enrollment in ACERA and PERS as an employee of County, Contractor shall indemnify, defend, and hold harmless County for the payment of any employee and/or employer contributions for ACERA and PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of County.
3. INSURANCE AND BOND: Contractor shall at all times during the term of the Agreement with the County maintain in force, at minimum, those insurance policies and bonds as designated in the attached Exhibit C, and will comply with all those requirements as stated therein. The County and all parties as set forth on Exhibit C' shall be considered an additional insured or loss payee if applicable. All of Contractor's available insurance coverage and proceeds in excess of the specified minimum limits shall be available to satisfy any and all claims of the County, including defense costs and damages. Any insurance limitations are independent of and shall not limit the indemnification terms of this Agreement.
Contractor's insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to County.
Contractor's excess and umbrella insurance shall also apply on a primary and non- contributory basis for the benefit of the County before County's own insurance policy or self-insurance shall be called upon to protect it as a named insured.
Procurement Contract No. 24059
4. PREVAILING WAGES: Pursuant to Labor Code Sections 1770 et seq., Contractor shall pay to persons performing labor in and about Work provided for in Contract not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Work is performed, and not less than the general prevailing rate of per diem wages for legal holiday and overtime work in said locality, which per diem wages shall not be less than the stipulated rates contained in a schedule thereof which has been ascertained and determined by the Director of the State Department of Industrial Relations to be the general prevailing rate of per diem wages for each craft or type of workman or mechanic needed to execute this contract.
5. WORKERS' COMPENSATION: Contractor shall provide Workers' Compensation insurance, as applicable, at Contractor's own cost and expense and further, neither the Contractor nor its carrier shall be entitled to recover from County any costs, settlements, or expenses of Workers' Compensation claims arising out of this Agreement.
6. CONFORMITY WITH LAW AND SAFETY:
a. In performing services under this Agreement, Contractor shall observe and comply with all applicable laws, ordinances, codes and regulations of governmental agencies, including federal, state, municipal, and local governing bodies, having jurisdiction over the scope of services, including all applicable provisions of the California Occupational Safety and Health Act. Contractor shall indemnify and hold County harmless from any and all liability, fines, penalties and consequences from any of Contractor's failures to comply with such laws, ordinances, codes and regulations.
Accidents: If a death, serious personal injury, or substantial property damage occurs in connection with Contractor's performance of this Agreement, Contractor shall immediately notify the Alameda County Risk Manager's Office by telephone. Contractor shall promptly submit to County a written report, in such form as may be required by County of all accidents which occur in connection with this Agreement. This report must include the following information: (1) name and address of the injured or deceased person(s); (2) name and address of Contractor's sub-Contractor, if any; (3) name and address of Contractor's liability insurance carrier; and (4) a detailed description of the accident and whether any of County's equipment, tools, material, or staff were involved.
C. Contractor further agrees to take all reasonable steps to preserve all physical evidence and information which may be relevant to the circumstances surrounding a potential claim, while maintaining public
Procurement Contract No. 24059
safety, and to grant to the County the opportunity to review and inspect such evidence, including the scene of the accident.
7. DEBARMENT AND SUSPENSION CERTIFICATION: (Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000).
a. By signing this agreement and Exhibit D, Debarment and Suspension Certification, Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
b. By signing this agreement, Contractor certifies to the best of its knowledge and belief, that it and its principals:
(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntary excluded by any federal department or agency;
(2) Shall not knowingly enter into any covered transaction with a person who is proposed for debarment under federal regulations, debarred, suspended, declared ineligible, or voluntarily excluded from participation in such transaction.
PAYMENT: For services performed in accordance with this Agreement, payment shall be made to Contractor as provided in Exhibit B hereto.
TRAVEL EXPENSES: Contractor shall not be allowed or paid travel expenses unless set forth in this Agreement.
10. TAXES: Payment of all applicable federal, state, and local taxes shall be the sole responsibility of the Contractor.
11. OWNERSHIP OF DOCUMENTS: Contractor hereby assigns to the County and its assignees all copyright and other use rights in any and all proposals, plans, specification, designs, drawings, sketches, renderings, models, reports and related documents (including computerized or electronic copies) respecting in any way the subject matter of this Agreement, whether prepared by the County, the Contractor, the Contractor's sub-Contractors or third parties at the request of the Contractor (collectively, "Documents and Materials"). This explicitly includes the electronic copies of all above stated documentation.
Procurement Contract No. 24059
Contractor also hereby assigns to the County and its assignees all copyright and other use rights in any Documents and Materials including electronic copies stored in Contractor's Information System, respecting in any way the subject matter of this Agreement.
Contractor shall be permitted to retain copies, including reproducible copies and computerized copies, of said Documents and Materials. Contractor agrees to take such further steps as may be reasonably requested by County to implement the aforesaid assignment. If for any reason said assignment is not effective, Contractor hereby grants the County and any assignee of the County an express royalty - free license to retain and use said Documents and Materials. The County's rights under this paragraph shall apply regardless of the degree of completion of the Documents and Materials and whether or not Contractor's services as set forth in Exhibit "A" of this Agreement have been fully performed or paid for.
In Contractor's contracts with other Contractors, Contractor shall expressly obligate its Sub-Contractors to grant the County the aforesaid assignment and license rights as to that Contractor's Documents and Materials. Contractor agrees to defend, indemnify, and hold the County harmless from any damage caused by a failure of the Contractor to obtain such rights from its Contractors and/or Sub- Contractors.
Contractor shall pay all royalties and license fees which may be due for any patented or copyrighted materials, methods or systems selected by the Contractor and incorporated into the work as set forth in Exhibit "A", and shall defend, indemnify and hold the County harmless from any claims for infringement of patent or copyright arising out of such selection. The County's rights under this Paragraph 11 shall not extend to any computer software used to create such Documents and Materials.
12. CONFLICT OF INTEREST; CONFIDENTIALITY: The Contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of services required under this Agreement. Without limitation, Contractor represents to and agrees with the County that Contractor has no present, and will have no future, conflict of interest between providing the County services hereunder and any other person or entity (including but not limited to any federal or state wildlife, environmental or regulatory agency) which has any interest adverse or potentially adverse to the County, as determined in the reasonable judgment of the Board of Supervisors of the County.
The Contractor agrees that any information, whether proprietary or not, made known to or discovered by it during the performance of or in connection with this
Procurement Contract No. 24059
Agreement for the County will be kept confidential and not be disclosed to any other person. The Contractor agrees to immediately notify the County by notices provided in accordance with Paragraph 13 of this Agreement, if it is requested to disclose any information made known to or discovered by it during the performance of or in connection with this Agreement. These conflict of interest and future service provisions and limitations shall remain fully effective five (5) years after termination of services to the County hereunder.
13. NOTICES: All notices, requests, demands, or other communications under this Agreement shall be in writing. Notices shall be given for all purposes as follows:
Personal delivery: When personally delivered to the recipient, notices are effective on delivery.
First Class Mail: When mailed first class to the last address of the recipient known to the party giving notice, notice is effective three (3) mail delivery days after deposit in a United States Postal Service office or mailbox. Certified Mail:
When mailed certified mail, return receipt requested, notice is effective on receipt, if delivery is confirmed by a return receipt.
Overnight Delivery: When delivered by overnight delivery (Federal Express/Airborne/United Parcel Service/DHL WorldWide Express) with charges prepaid or charged to the sender's account, notice is effective on delivery, if delivery is confirmed by the delivery service. Telex or facsimile transmission:
When sent by telex or facsimile to the last telex or facsimile number of the recipient known to the party giving notice, notice is effective on receipt, provided that (a) a duplicate copy of the notice is promptly given by first-class or certified mail or by overnight delivery, or (b) the receiving party delivers a written confirmation of receipt. Any notice given by telex or facsimile shall be deemed received on the next business day if it is received after 5:00 p.m. (recipient's time) or on a non-business day.
Addresses for purpose of giving notice are as follows:
To County: Alameda County Workforce Development Board
24100 Amador Street - Room 610C
Hayward, California 94544
Attention: Rhonda Boykin
To Contractor: Oakland Private Industry Council, Inc.
268 Grand Ave
Oakland, CA 94610
Attention: Raymond Lankford
Procurement Contract No. 24059
Any correctly addressed notice that is refused, unclaimed, or undeliverable because of an act or omission of the party to be notified shall be deemed effective as of the first date that said notice was refused, unclaimed, or deemed undeliverable by the postal authorities, messenger, or overnight delivery service.
Any party may change its address or telex or facsimile number by giving the other party notice of the change in any manner permitted by this Agreement.
14. USE OF COUNTY PROPERTY: Contractor shall not use County property (including equipment, instruments and supplies) or personnel for any purpose other than in the performance of his/her obligations under this Agreement.
15. EQUAL EMPLOYMENT OPPORTUNITY PRACTICES PROVISIONS:
Contractor assures that he/she/it will comply with Title VII of the Civil Rights Act of 1964 and that no person shall, on the grounds of race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement.
a. Contractor shall, in all solicitations or advertisements for applicants for employment placed as a result of this Agreement, state that it is an "Equal Opportunity Employer" or that all qualified applicants will receive consideration for employment without regard to their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor.
Contractor shall, if requested to so do by the County, certify that it has not, in the performance of this Agreement, discriminated against applicants or employees because of their race, creed, color, disability, sex, sexual orientation, national origin, age, religion, Vietnam era Veteran's status, political affiliation, or any other non-merit factor.
c. If requested to do so by the County, Contractor shall provide the County with access to copies of all of its records pertaining or relating to its employment practices, except to the extent such records or portions of such records are confidential or privileged under state or federal law. d. Contractor shall recruit vigorously and encourage minority - and women- owned businesses to bid its subcontracts.
e. Nothing contained in this Agreement shall be construed in any manner so as to require or permit any act, which is prohibited by law.
Procurement Contract No. 24059
f. The Contractor shall include the provisions set forth in paragraphs A through E (above) in each of its subcontracts.
16. DRUG-FREE WORKPLACE: Contractor and Contractor's employees shall comply with the County's policy of maintaining a drug-free workplace. Neither Contractor nor Contractor's employees shall unlawfully manufacture, distribute, dispense, possess or use controlled substances, as defined in 21 U.S. Code § 812, including, but not limited to, marijuana, heroin, cocaine, and amphetamines, at any County facility or work site. If Contractor or any employee of Contractor is convicted or pleads nolo contendere to a criminal drug statute violation occurring at a County facility or work site, the Contractor within five days thereafter shall notify the head of the County department/agency for which the contract services are performed. Violation of this provision shall constitute a material breach of this Agreement.
17. AUDITS; ACCESS TO RECORDS: The Contractor shall make available to the County, its authorized agents, officers, or employees, for examination any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the expenditures and disbursements charged to the County, and shall furnish to the County, its authorized agents, officers or employees such other evidence or information as the County may require with regard to any such expenditure or disbursement charged by the Contractor.
The Contractor shall maintain full and adequate records in accordance with County requirements to show the actual costs incurred by the Contractor in the performance of this Agreement. If such books and records are not kept and maintained by Contractor within the County of Alameda, California, Contractor shall, upon request of the County, make such books and records available to the County for inspection at a location within County or Contractor shall pay to the County the reasonable, and necessary costs incurred by the County in inspecting Contractor's books and records, including, but not limited to, travel, lodging and subsistence costs. Contractor shall provide such assistance as may be reasonably required in the course of such inspection. The County further reserves the right to examine and reexamine said books, records and data during the three (3) year period following termination of this Agreement or completion of all work hereunder, as evidenced in writing by the County, and the Contractor shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any manner whatsoever for three (3) years after the County makes the final or last payment or within three (3) years after any pending issues between the County and Contractor with respect to this Agreement are closed, whichever is later.
18. DOCUMENTS AND MATERIALS: Contractor shall maintain and make available to County for its inspection and use during the term of this Agreement,
Procurement Contract No. 24059
all Documents and Materials, as defined in Paragraph 11 of this Agreement.
Contractor's obligations under the preceding sentence shall continue for three (3) years following termination or expiration of this Agreement or the completion of all work hereunder (as evidenced in writing by County), and Contractor shall in no event dispose of, destroy, alter or mutilate said Documents and Materials, for three (3) years following the County's last payment to Contractor under this Agreement.
19. TIME OF ESSENCE: Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a party of the benefits of any grace or use period allowed in this Agreement.
20. TERMINATION: The County has and reserves the right to suspend, terminate, or abandon the execution of any work by the Contractor without cause at any time upon giving to the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor's work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment. Said payment shall be computed in accordance with Exhibit B hereto, provided that the maximum amount payable to Contractor for its workforce development services shall not exceed five million five hundred thousand dollars ($5,500,000) in payment for services provided hereunder prior to the effective date of said suspension, termination or abandonment.
21. SMALL, LOCAL AND EMERGING BUSINESS (SLEB) PARTICIPATION:
Contractor has been approved by County to participate in contract without SLEB participation (Federal Funds Waiver number F2001-A). As a result, there is no requirement to subcontract with another business in order to satisfy the County's Small and Emerging Locally owned Business provision.
However, if circumstances or the terms of the contract should change, Contractor may be required to immediately comply with the County's Small and Emerging Local Business provisions, including but not limited to:
a. Contractor must be a certified small or emerging local business or subcontract a minimum 20% with a certified small or emerging local business.
b. SLEB subcontractors) is independently owned and operated (i.e., is not owned or operated in any way by Prime), nor do any employees of either entity work for the other.
C. Small and/or Emerging Local Business participation and current SLEB certification status must be maintained for the term of the contract.
Procurement Contract No. 24059
Contractor shall ensure that their own certification status and/or that of participating subcontractors (as is applicable) are maintained in compliance with the SLEB Program.
d. Contractor shall not substitute or add any small and/or emerging local business(s) listed in this agreement without prior written approval from the County. Said requests to substitute or add a small and/or emerging local business shall be submitted in writing to the County department contract representative identified under Item #13 above. Contractor will not be able to substitute the subcontractor without prior written approval from the Alameda County Auditor-Controller's Office of Contract Compliance and Reporting (OCČR).
e. All SLEB participation, except for SLEB prime contractor, must be tracked and monitored utilizing the Elation compliance System.
County will be under no obligation to pay contractor for the percent committed to a SLEB (whether SLEB is a prime or subcontractor) if the work is not performed by the listed small and/or emerging local business.
For further information regarding the Small Local Emerging Business participation requirements and utilization of the Alameda County Contract Compliance System contact OCCR via e-mail at [email protected].
22. FIRST SOURCE PROGRAM: For contracts over $100,000, Contractor shall provide County ten (10) working days to refer to Contractor, potential candidates to be considered by Contractor to fill any new or vacant positions that are necessary to fulfill their contractual obligations to the County that Contractor has available during the contract term before advertising to the general public.
23. CHOICE OF LAW: This Agreement shall be governed by the laws of the State of California.
24. WAIVER: No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this Agreement shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
25. ENTIRE AGREEMENT: This Agreement, including all attachments, exhibits, and any other documents specifically incorporated into this Agreement, shall constitute the entire agreement between County and Contractor relating to the subject matter of this Agreement. As used herein, Agreement refers to and
Procurement Contract No. 24059
includes any documents incorporated herein by reference and any exhibits or attachments. This Agreement supersedes and merges all previous understandings, and all other agreements, written or oral, between the parties and sets forth the entire understanding of the parties regarding the subject matter thereof. The Agreement may not be modified except by a written document signed by both parties.
26. HEADINGS herein are for convenience of reference only and shall in no way affect interpretation of the Agreement.
27. ADVERTISING OR PUBLICITY: Contractor shall not use the name of County, its officers, directors, employees or agents, in advertising or publicity releases or otherwise without securing the prior written consent of County in each instance.
28. MODIFICATION OF AGREEMENT: This Agreement may be supplemented, amended, or modified only by the mutual agreement of the parties. No supplement, amendment, or modification of this Agreement shall be binding unless it is in writing and signed by authorized representatives of both parties.
29. ASSURANCE OF PERFORMANCE: If at any time County believes Contractor may not be adequately performing its obligations under this Agreement or that Contractor may fail to complete the Services as required by this Agreement, County may request from Contractor prompt written assurances of performance and a written plan acceptable to County, to correct the observed deficiencies in Contractor's performance. Contractor shall provide such written assurances and written plan within ten (10) calendar days of its receipt of County's request and shall thereafter diligently commence and fully perform such written plan.
Contractor acknowledges and agrees that any failure to provide such written assurances and written plan within the required time is a material breach under this Agreement.
30. SUBCONTRACTING/ASSIGNMENT: Contractor shall not subcontract, assign, or delegate any portion of this Agreement or any duties or obligations hereunder without the County's prior written approval.
a. Neither party shall, on the basis of this Agreement, contract on behalf of or in the name of the other party. Any agreement that violates this Section shall confer no rights on any party and shall be null and void.
Contractor shall use the subcontractors identified in Exhibit A and shall not substitute subcontractors without County's prior written approval. c. Contractor shall require all subcontractors to comply with all indemnification and insurance requirements of this agreement, including,
Procurement Contract No. 24059
without limitation, Exhibit C. Contractor shall verify subcontractor's compliance.
d. Contractor shall remain fully responsible for compliance by its subcontractors with all the terms of this Agreement, regardless of the terms of any agreement between Contractor and its subcontractors.
31. SURVIVAL: The obligations of this Agreement, which by their nature would continue beyond the termination on expiration of the Agreement, including without limitation, the obligations regarding Indemnification (Paragraph 2), Ownership of Documents (Paragraph 11), and Conflict of Interest (Paragraph 12), shall survive termination or expiration.
32. SEVERABILITY: If a court of competent jurisdiction holds any provision of this Agreement to be illegal, unenforceable, or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions, or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable, or invalid provision.
33. PATENT AND COPYRIGHT INDEMNITY: Contractor represents that it knows of no allegations, claims, or threatened claims that the materials, services, hardware or software ("Contractor Products") provided to County under this Agreement infringe any patent, copyright or other proprietary right. Contractor shall defend, indemnify and hold harmless County of, from and against all losses, claims, damages, liabilities, costs expenses and amounts (collectively, "Losses") arsing out of or in connection with an assertion that any Contractor Products or the use thereof, infringe any patent, copyright or other proprietary right of any third party. County will: (1) notify Contractor promptly of such claim, suit, or assertion; (2) permit Contractor to defend, compromise, or settle the claim; and, (3) provide, on a reasonable basis, information to enable Contractor to do so.
Contractor shall not agree without County's prior written consent, to any settlement, which would require County to pay money or perform some affirmative act in order to continue using the Contractor Products. a. If Contractor is obligated to defend County pursuant to this Section 33 and fails to do so after reasonable notice from County, County may defend itself and/or settle such proceeding, and Contractor shall pay to County any and all losses, damages and expenses (including attorney's fees and costs) incurred in relationship with County's defense and/or settlement of such proceeding.
b. In the case of any such claim of infringement, Contractor shall either, at its option, (1) procure for County the right to continue using the Contractor
Procurement Contract No. 24059
Products; or (2) replace or modify the Contractor Products so that that they become non-infringing, but equivalent in functionality and performance.
C. Notwithstanding this Section 33, County retains the right and ability to defend itself, at its own expense, against any claims that Contractor Products infringe any patent, copyright, or other intellectual property right.
34. OTHER AGENCIES: Other tax supported agencies within the State of California who have not contracted for their own requirements may desire to participate in this contract. The Contractor is requested to service these agencies and will be given the opportunity to accept or reject the additional requirements. If the Contractor elects to supply other agencies, orders will be placed directly by the agency and payments made directly by the agency.
35. EXTENSION: This agreement may be extended for up to two additional years by mutual agreement of the County and Contractor.
36. SIGNATORY: By signing this agreement, signatory warrants and represents that he/she executed this Agreement in his/her authorized capacity and that by his/her signature on this Agreement, he/she or the entity upon behalf of which he/she acted, executed this Agreement
[END OF GENERAL TERMS AND CONDITIONS]
Procurement Contract No. 24059
ADDITIONAL PROVISIONS
Delete #35, General Terms and Conditions, and replace with the following:
35. RENEWAL: This Agreement may be renewed for up to three additional years dependent upon successful performance results and availability of WIOA formula funding.
County Counsel Signature: Lictoriate
Oakland Private Industry Council, Inc.
Contracting/Vendor Pay Agent and Employer of Record Services Procurement Contract No.: 24059
EXHIBIT A
STATEMENT OF WORK
Oakland Private Industry Council, Inc., hereinafter referred to as "CONTRACTOR" shall, ursuant to the provisions of this Contract and the Workforce Innovation & Opportunity Ac rovide Contracting/Vendor Pay Agent and Employer of Record Services on behalf of th Alameda County Workforce Development Board (ACWDB).
PROGRAM OVERVIEW:
ACWDB is the administrative entity for Workforce Innovation and Opportunities Act (WIOA) programs in the local workforce area. These programs provide the framework for a unique national workforce preparation and employment system designed to be customer-focused in meeting both the needs of businesses for skilled workers and assisting individuals in easily accessing information and services needed to begin and manage their careers. ACWDB is charged with developing and maintaining a workforce development system in the local workforce area. The Alameda County local workforce area includes all of Alameda County outside the city of Oakland.
ACWDB administers a broad range of programs and services that make up the workforce development system in Alameda County. ACWDB maintains a strong partnership with the private sector, providing locally defined programs to meet the needs of employers and job-seekers. In an effort to streamline processes, reduce duplication, and manage similar services, ACWDB is an active member of EASTBAY Works, a regional collaboration between the Workforce Development Boards (WDB) of Alameda County, Contra Costa County, the city of Oakland and the city of Richmond.
Under this Agreement, Contractor will act as Contracting/Vendor Pay Agent and Employer of Record to many different organizations and/or individuals. Contractor will serve as the fiscal intermediary between ACWDB and various contractors and employers in an agency capacity only and will have no direct authority to contract with, pay, or employ any organization or individual on behalf of ACWDB without the prior written consent of ACWDB.
II. CONTRACTOR OBLIGATIONS:
Contractor will act as Contracting/Vendor Pay Agent and Employer of Record to many different organizations and/or individuals.
A. Contracting/Vendor Pay Agent. Contractor will develop and oversee various types of contracts with many different types of organizations.
Contracting/Vendor Pay Agent services will be provided in accordance with the EASTBAYWorks ITA/OJT Counselor's Workflow Handbook, applicable ETPL application processes, and ACWDB policy. At a OPIC PY 2022-2023 Page 1 of 6
Contracting/Vendor Pay Agent and Employer of Record
Oakland Private Industry Council, Inc.
Contracting/ Vendor Pay Agent and Employer of Record Services Procurement Contract No.: 24059
minimum, Contractor will provide the following contracting/vendor pay agent services:
1. Individual Training Accounts (ITAs). ITAs are contract agreements for a specitic individual to attend an approved training program provided by a specific training provider.
a. Contractor will enter into agreements with eligible training providers on behalf of ACWDB and its approved
customers. ACWDB estimates that there will be
approximately one hundred seventy-five (175) individual ITAs issued to eligible training providers during PY 2022-
23. This number may increase or decrease based upon a
variety of factors.
b. Contractor will make reasonable and necessary payments to approved providers and which have been authorized by
ACWDB on behalf of the ACWDB client. In most cases,
tA, ayenis vail at sund trach individual participant
2. On-the-Job Training (OTs). OJT agreements offer a wage and benefit subsidy to an employer for providing a program participant with an opportunity to work.
a. Contractor will enter into agreements with approved
employers on behalf of ACWDB and its approved
customers. ACWDB estimates that there will be
approximately twenty-five (25) individual clients placed in subsidized employment positions during PY 2022-23.
Individual contracts will last for up six (6) months.
b. Contractor will make reasonable and necessary payments to participating employers who pay wages to ACWDB clients.
Benefits eligible for reimbursement include FICA,
Unemployment Insurance, and Workers Compensation as
well as the cost of medical and dental insurance.
c. Other responsibilities include but are not limited to the following:
• Receive wage related reimbursement-billing forms
from the employers.
• Maintain a schedule that guarantees employers will be reimbursed in a timely manner once each month.
OPIC PY 2022-2023 Page 2 of 6
Contracting/Vendor Pay Agent and Employer of Record
Oakland Private Industry Council, Inc.
Contracting/Vendor Pay Agent and Employer of Record Services Procurement Contract No.: 24059
• Prepare and issue 1099s to all participating Employers (For-profit entities - only).
Eligible Training Providers. Contractor will manage the ETPL procurement, application and maintenance process on behalf of ACWDB for the local Workforce Development Area. This includes monitoring of eligible training providers for compliance with WIOA Section 188 and 29 CFR Part 38. All training providers who receive contract agreements for ITAs must be approved for the State Eligible Training Providers List (ETPL), except as allowed by applicable funding sources.
4. Goods and Services. Contractor will enter into other contracts for goods and services, as directed, on behalf of ACWDB. This may include: contracts for Customized Training projects with local education agencies; systems support for the WIOA provider network, common activities, computer support, technical assistance consultant and/or training for system providers; or, enhancements to the community services information that is accessible through the WIOA workforce system. Contractor agrees to issue goods and services contracts within ten (10) business days of receiving an approved scope of work and budget from ACWDB.
Emplover of Record. Contractor will carry out all common payroll functions as the Employer of Record for individuals who fall under the employer of record function. All employees, excluding participant interns, subsidized employment and temporary employees, selected under this function will be eligible for the same benefits offered to the Contractor's regular employees.
Contractor will be expected to act as employer of record for no more than eight (8) employees on behalf of ACWDB at any given time, excluding internships/short-term employment for
Contractor will be responsible for ensuring the timely submission f all required employment related documentation that includes bi not limited to the followins
• New Hire Documentation - Processes, completes and
maintains all new hire IRS W-4, W-5 and other new hire
related documentation prior to participants starting their work assignment at ACWDB.
• Timesheets - Coordinates with ACWDB to ensure that
timesheet information is submitted in time for payroll
OPIC PY 2022-2023 Page 3 of 6
Contracting/Vendor Pay Agent and Employer of Record
Oakland Private Industry Council, Inc.
Contracting/Vendor Pay Agent and Employer of Record Services Procurement Contract No.: 24059
processing prior to the due date of the payroll schedule for each pay period.
Payroll Schedule - Issues biweekly payroll.
Direct Deposit - provide as an option for Electronic Funds Transfer (EFT) services that will automatically transfer payroll funds to an individual employee's checking or savings
accounts at a participating bank, savings and loan association or credit union.
• Payroll Deductions - Responsible for making sure that FICA, Unemployment Insurance, Workers Compensation Insurance, Social Security, as well as all other standard payroll deductions are properly deducted in accordance with Federal, State and local laws.
• Emergency Manual Checks - On an as-needed basis manual checks will be produced upon request by ACWDB. Manual
checks should be exceptions.
• W-2s - Responsible for providing W-2s of the preceding calendar year by January 20 each year.
• Wage Garnishments - The Employer of Record wil
administer wage garnishments as required.
• 1099s - Prepare and issue 1099s to participating For-Profit entities - only.
• Submit monthly detailed expenditure reports to ACWDB
financial staff.
3. Contractor will be responsible for managing the following functions in addition to direct payroll processing:
• Governmental reporting
• Processing payroll taxes
• Workers' compensation and claims
• Unemployment claims and hearings
Wage garnishments
Medical leave of absences
Determine eligibility to work in the US
C. Deliverables/Reporting. Contractor will submit the following information to ACWDB in the form of a monthly written report:
Number of IT'As processed each month, including client name, training provider, type of training, funding source, and amounts paid;
2. Number of OJTs processed each month, including client name, employer information, job title, funding source, and amounts paid; OPIC PY 2022-2023 Page 4 of 6
Contracting/Vendor Pay Agent and Employer of Record
Oakland Private Industry Council, Inc.
Contracting/Vendor Pay Agent and Employer of Record Services Procurement Contract No.: 24059
Summary of contracts and payments issued for any other goods and services authorized by ACWDB;
Payroll reports for employer of record services;
Revenue and expenditure reports;
6. Other information as requested.
III. ACWDB OBLIGATIONS:
A. ACWDB will provide written notice authorizing Contractor to contract with, pay, or employ organizations or individuals on behalf of ACWDB.
B. ACWDB will conduct all procurement activities related to Goods and Services contracts under this Agreement.
ACWDB will be responsible for recruitment, interviewing and selection of individuals who fall under the Employer of Record function.
ACWDB will provide Contractor with all relevant policies and procedures to enable Contractor to administer ACWDB's funding in accordance with such policies. ACWDB agrees that Contractor may rely on such policies and procedures in providing services under this Agreement. In the event that Contractor receives written authorization from ACWDB to proceed with an activity under this Agreement, such authorization will be deemed compliance with ACWDB policies and procedures and ACWDB will indemnify and hold harmless the Contractor from any liability on account of any such authorized IV. SPECIFIC REQUIRMENTS
A. This Exhibit A was drafted to include the requirements contained in the Request for Proposal (RFP No. 2021-ACWDB-CVPER) and the proposal response of the Contractor (Response), and additional services that ACWDB obtained through negotiations, if any. In the event of any conflict (direct or indirect) among any of the exhibits, RFP No. 2021-ACWDB-CVPER and the Response, the more stringent requirements providing ACWDB with the broader scope of services shall have precedence, such that this Exhibit A including all attachments, the scope of work described in RFP No. 2021-ACWDB-CVPER and the scope of work described in Contractor's proposal shall be performed to the greatest extent feasible.
RFP No. 2021-ACWDB-CVPER and Response may be relied upon to interpret this Contract and shall be applied in such a manner so that the obligations of the Contractor are to provide ACWDB with the broadest scope of services for the best value.
OPIC PY 2022-2023 Page 5 of 6
Contracting/Vendor Pay Agent and Employer of Record
Oakland Private Industry Council, Inc.
Contracting/Vendor Pay Agent and Employer of Record Services Procurement Contract No.: 24059
B. Contractor project team will consist of the following Key Personnel and subcontractors as applicable during the contract term:
• Raymond Lankford, Chief Executive Officer
Contractor agrees that it shall not transfer or reassign the individuals identified above as Key Personnel or substitute subcontractors without the express written agreement of ACWDB, which agreement shall not be unreasonably withheld.
Should such individual or individuals in the employ of Contractor no longer be employed by Contractor during the term of this Agreement, Contractor shall make a good faith effort to present to County an individual with greater or equal qualifications as a replacement subject to ACWDB's approval, which approval shall not be unreasonably withheld.
The approval of ACWDB to a requested change shall not release Contractor from its obligations under this Agreement.
OPIC PY 2022-2023 Page 6 of 6
Contracting/Vendor Pay Agent and Employer of Record
EXHIBIT B
PAYMENT TERMS
County will use its best efforts to make payment to Contractor upon successful completion and acceptance of the following services listed within thirty (30) days upon receipt and approval of invoice.
In addition to all terms of payment described in the General Terms and Conditions and any relevant exhibits and attachments, the parties to this Agreement shall abide by the following terms of payment:
Budget
Contractor shall use all payments solely in support of the program budget, set forth as follows:
A. Exhibit B-1: WIOA Grants
II. Terms and Conditions of Payment
A. Contract Amount/Maximum
Total payments to Contractor under this Agreement will not exceed the contract total detailed in Exhibit B-1.
Expenditures under this Agreement will tie to identified line-times included in Exhibit B-1; no other line-item costs will be allowed.
Expenditures under this Agreement will support allowable activities described in Exhibit A. No services or activities outside the scope of this Agreement will be reimbursed.
An approved indirect cost rate from a cognizant agency must be submitted if indirect costs are charged under this Agreement.
B. Budget Revision Procedures
No budget revision/modification request may increase the contract amount/maximum.
2. Contractor may adjust the approved budget by no more than 10% of any line-item without prior approval from ACWDB; any adjustment to the budget that exceeds this 10% line-item allowance requires written prior approval from ACWDB.
Contractor may request a budget revision/modification, in writing, at any time during the term of this Agreement. Requests for budget revision/modifications, including a revised line-item budget and justification should be submitted in writing to the appropriate ACWDB program staff identified in Section III of this Exhibit.
Approved budget revision/modifications will be formalized through an administrative amendment to this Agreement.
Exhibit B Page 1 of 3
C. Cost Settlement/Final Payment Provisions
The final invoice submitted after the termination of this Agreement shall include all costs incurred in the last month of the contract period and any minor adjustments necessary to account for any previously unreimbursed expenditure.
This provision regarding closeout invoices shall not relieve Contractor of its obligation to report all know adjustments on each monthly invoice, and County shall not be liable for any adjustments that were not reported timely.
Conditions of withholding payment
Payment of invoices by the County is conditional upon receipt of adequate funds from the State of California. County reserves the right to reduce the contract amount/maximum if it does not receive adequate funds from the State of California.
County retains the right to suspend financial assistance, in whole or in part, to protect the integrity of the funds or to ensure proper operation f the program. Failure to meet planned contract performance and/o xpenditure goals may result in a reduction of the contrac amount/maximum, in accordance with ACWDB policy.
Failure to comply with timely audit report submission to ACWDB, as required and described in Exhibit F, may result in suspension of payment to Contractor until all required audit submissions are received by ACWDB.
III. Invoicing Procedures
A.
Social Services Agency (SSA) Finance Department has established a centralized Payments Unit. Please send all invoices and all payment questions to [email protected]. This unit will be your point of contact for all payment and invoicing matters. If you need additional assistance, please contact Beverly Warren, Financial Services Officer, at 510 271-9132 or [email protected].
Invoices must contain the following elements:
1. Must be on company letterhead that includes name, address, and contact For Community Based Organizations, must be signed by the head of the organization, i.e., Executive Director, CEO, etc.
Document must contain the title Invoice.
4. The date of the invoice.
5. A description of services.
The date range for services provided.
7. If needed, itemization of any sales tax and delivery/postage charges.
Exhibit B Page 2 of 3
The Purchase Order (PO) number provided by the County.
9. The total amount owed.
10. Remittance instructions/address.
11. A cc indication at the bottom of the invoice with names of people who received courtesy copies.
The CEO or Executive Director must be included in the cc.
13. All data as required by your contract.
IV. Funding and Reporting Requirements
Payment to Contractor is contingent upon timely receipt of invoice documents and any reporting requirements as described in Exhibit A.
V. Additional Terms and Conditions of Payment
Contractor agrees to the following supplemental Terms and Conditions attached to this Exhibit B.
A. Invoices will be reviewed for approval by the County, within 10 days of receipt from Contractor.
B. Total payment under the terms of this Agreement will not exceed the total contract amount/maximum detailed in Exhibit B-1. This cost includes all taxes and all other charges.
Provisional payments may be provided under this Agreement at the sole discretion of the County. Contractor will ensure that no provisional payments made under this Agreement are commingled with any other funds in the possession of or vested in Contractor or to which Contractor is entitled. Any interest earned on said provisional payments shall be treated as program income.
All program income shall remain with Contractor and may be expended under this Agreement until such time as no further program activities are planned by Contractor, at which time any unexpended program income will be returned to County.
D. Upon award of this Agreement by County, County and Contractor shall forthwith jointly create a schedule governing the timely performance of Contractor's services hereunder. The agreed upon schedule shall be incorporated into this Agreement upon its adoption by the parties and thereafter Contractor shall perform all services under this Agreement in conformance with the schedule.
Exhibit B Page 3 of 3
Exhibit B-1
WORKFORCE INNOVATION & OPPORTUNITY ACT (WIOA) Grants
GRANT SOURCE / LINE ITEM BUDGET / QUARTERLY PLAN -- PY 2022-23 Contract Period:
Contractor: Oakland Private Industry Council 7/1/22 - 6/30/23 Activities: Training Accounts - WIOA Projects, Goods & Services A. SOURCE of FUNDS for CONTRACT CFDA
1. WIOA - Adult Programs 17.258 $400,000
2. WIOA - Dislocated Workers 17.278 $500,000
3. WIOA - Youth Programs 17.259 $10,000
4. ACWDB Discretionary Grants $490,000
ALLOCATION for CONTRACT PERIOD $1,400,000
B. LINE ITEMS for COST REIMBURSEMENT
ITA / OJT Payment Pool - Adults/DW/Youth $450,000
2. Customized & Other Training Projects $30,000
3. EASTBAY Works Systems (EBWS) Project $5,000
4. Business Services Resources (BSR) Project $400,000
5. WIOA Goods & Services $305,000
6. Staff costs for fiscal / admin - Operating Costs $160,000
7. Special Project Grant $50,000
8. 9.
10. TOTAL of Line Items for Cost Reimbursement $1,400,000 C. EXPENDITURE PLAN (cumulative)
1. 1st Quarter / July - September 2022 $325,000
2. 2nd Quarter / October - December 2022 $665,000
3. 3rd Quarter / January - March 2023 $929,000
4. 4th Quarter / April - June 2023 $1,400,000
2021-22 OPIC WDB Approval
STAFF SALARY WORKSHEET II ACWIB Vendor Pay & Employer of Record Oakland Private Industry Council, Inc. Contract Period: 7-1-22 thru 6-30-23 Total Hours
Hourly 7/1/20 to
Staff Position Rate 6/30/21 Salary Benefits TOTAL
1. Chief Executive Officer 41.03 288.0 $11,816.64 $2,977.79 $14,794.43
2. Chief Financial Officer 37.30 350.0 $13,055.00 $3,289.86 $16,344.86
3. Accounting Specialist I!! 25.79 822.0 $21,199.38 $5,342.24 $26,541.62
4. Payroll/Benefits Specialist 24.71 1,125.0 $27,798.75 $7,005.29 $34,804.04
5. MIS Specialist 23.60 177.3 $4,184.28 $1,054.44 $5,238.72
6. Accounting Specialist I 22.33 1,095.0 $24,451.35 $6,161.74 $30,613.09
7. Office Manager 21.00 205.0 $4,305.00 $1,084.86 $5,389.86 2 of 2 |/ EXHIBIT B-2
Total - Salaries / Benefits $106,810.40 $26,916.22 $133,727.00 Non-Personnel Costs
Cost Allocation % Total
1 Office Supplies $2,986.00 11.37% $2,986.00
2 Telephone / Communications $4,223.00 16.07% $4,223.00 3 Rent & Utilities $14,912.00 56.76% $14,912.00
4 Equipment $952.00 3.62% $952.00
5 Audit & Consultants $3,200.00 12.18% $3,200.00
Total - Non-Personnel costs 26,273.0 $26,273.00
TOTAL ADMIN/ SERVICES COSTS: $160,000.00
EXHIBIT C-5d
COUNTY OF ALAMEDA MINIMUM INSURANCE REQUIREMENTS
Without limiting any other obligation or liability under this Agreement, the Contractor, at its sole cost and expense, shall secure and keep in force during the entire term of the Agreement or longer, as may be specified below, the following minimum insurance coverage, limits and endorsements:
TYPE OF INSURANCE COVERAGES MINIMUM LIMITS
A Commercial General Liability $1,000,000 per occurrence (CSL) Premises Liability; Products and Completed Operations; Contractual Liability; Bodily Injury and Property Damage Personal Injury and Advertising Liability, Abuse, Molestation, Sexual Actions, and Assault and Battery
B Commercial or Business Automobile Liability $1,000,000 per occurrence (CSL) All owned vehicles, hired or leased vehicles, non-owned, borrowed and Any Auto permissive uses. Personal Automobile Liability is acceptable for individual Bodily Injury and Property Damage contractors with no transportation or hauling related activities C Workers' Compensation (WC) and Employers Liability (EL) WC: Statutory Limits Required for all contractors with employees EL: $100,000 per accident for bodily injury or disease D Directors and Officers Liability $1,000,000 per occurrence Including Employment Practices Liability
E Employee Dishonesty (ED) and Crime (C) (ED) Minimum of 75% of the Funding (ED) Required only if a significant amount of funding is advanced to contractor. (C) Minimum daily amount kept on premises (C) Required only if contractor keeps significant sums of money at premises F Endorsements and Conditions:
1. ADDITIONAL INSURED: All insurance required above with the exception of Personal Automobile Liability, Workers' Compensation and Employers Liability, shall be endorsed to name as additional insured: County of Alameda, its Board of Supervisors, the individual members thereof, and all County officers, agents, employees, volunteers, and representatives. The Additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.
2. DURATION OF COVERAGE: All required insurance shall be maintained during the entire term of the Agreement. In addition, Insurance policies and coverage(s) written on a claims-made basis shall be maintained during the entire term of the Agreement and until 3 years following the later of termination of the Agreement and acceptance of all work provided under the Agreement, with the retroactive date of said insurance (as may be applicable) concurrent with the commencement of activities pursuant to this Agreement.
3. REDUCTION OR LIMIT OF OBLIGATION: All insurance policies, including excess and umbrella insurance policies, shall include an endorsement and be primary and non-contributory and will not seek contribution from any other insurance (or self-insurance) available to the County. The primary and non-contributory endorsement shall be at least as broad as ISO Form 20 01 04 13. Pursuant to the provisions of this Agreement insurance effected or procured by the Contractor shall not reduce or limit Contractor's contractual obligation to indemnify and defend the Indemnified Parties.
4. INSURER FINANCIAL RATING: Insurance shall be maintained through an insurer with a A.M. Best Rating of no less than A:VIl or equivalent, shall be admitted to the State of California unless otherwise waived by Risk Management, and with deductible amounts acceptable to the County. Acceptance of Contractor's insurance by County shall not relieve or decrease the liability of Contractor hereunder.
Any deductible or self-insured retention amount or other similar obligation under the policies shall be the sole responsibility of the Contractor.
5. SUBCONTRACTORS: Contractor shall include all subcontractors as an insured (covered party) under its policies or shall verify that the subcontractor, under its own policies and endorsements, has complied with the insurance requirements in this Agreement, including this Exhibit. The additional Insured endorsement shall be at least as broad as ISO Form Number CG 20 38 04 13.
6. JOINT VENTURES: If Contractor is an association, partnership or other joint business venture, required insurance shall be provided by one of the following methods:
- Separate insurance policies issued for each individual entity, with each entity included as a "Named Insured" (covered party), or at minimum named as an "Additional Insured" on the other's policies. Coverage shall be at least as broad as in the ISO Forms named above.
- Joint insurance program with the association, partnership or other joint business venture included as a "Named Insured".
7. CANCELLATION OF INSURANCE: All insurance shall be required to provide thirty (30) days advance written notice to the County of cancellation.
CERTIFICATE OF INSURANCE: Before commencing operations under this Agreement, Contractor shall provide Certificates) of Insurance and applicable insurance endorsements, in form and satisfactory to County, evidencing that all required insurance coverage is in effect. The County reserves the rights to require the Contractor to provide complete, certified copies of all required insurance policies. The required certificate(s) and endorsements must be sent as set forth in the Notices provision:
Alameda County Workforce Development Board (ACWDB) & Additional Insured, County of Alameda and Board of Supervisors, thereof- Fiscal, 24100 Amador St. 6th Floor., Rm 610c, Hayward, CA 94544-1203 Exhibit C-5d Page 1 of 1 Form 2001-1 (Rev. 08/01/13)
OAKLPRI-01 KWHITE1
ACORDi DATE (MM/DDAYM
CERTIFICATE OF LIABILITY INSURANCE
3/14/2022
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements).
PRODUCER License # 0757776
HUB International Insurance Services Inc. PHONE FAC, No):
548 W Cromwell Avenue (A/C, No, Ext):
Suite 101 AMEss: [email protected]
Fresno, CA 93711
INSURERS) AFFORDING COVERAGE NAIC #
INSURER A : Philadelphia Indemnity Insurance Company 18058 INSURED INSURER B:
Oakland Private Industry Council INSURER C:
268 Grand Avenue INSURER D:
Oakland, CA 94610
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 CLAIMS-MADE X OCCUR x PHPK2374824 3/16/2022 3/16/2023 DAMAGE TO RENTED 1,000,000 PREMISES (Ea occurrence $
MED EXP (Any one person) $ 20,000
PERSONAL & ADV INJURY 1,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY | RC 2,000,000
LOC PRODUCTS - COMP/OP AGG $
OTHER: $
A AUTOMOBILE LIABILITY CO SEEn SINGLE LIMIT 1,000,000
$
ANY AUTO PHPK2374824 3/16/2022 3/16/2023 BODILY INJURY (Perperson) $ AUTOS ONLY BODILY INJURY (Per accident) $
X AIRES ONLY
A X UMBRELLA LIAB X OCCUR 3,000,000
EACH OCCURRENCE
EXCESS LIAB CLAIMS-MADE PHUB801856 3/16/2022 3/16/2023 3,000,000 AGGREGATE $
DED X RETENTIONS 10,000
Y/ N
N/ A E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE S
DES RIO OOPERATIONS below .E.L. DISEASE - POLICY LIMIT $ A Employment Practices PHSD1700235 3/16/2022 3/16/2023
A Crime PHPK2374824 3/16/2022 3/16/2023 Ded. $1,000 100,000 Re: Furing GERATIONS / LOCATIONS / VEHICLES (ACORD 101, Adional Remarks Schedule, may be attached if moro space is required) Endorsement Attached: CG2026 0413
County of Alameda, its Board of Supervisors, the individual members thereof, and all county officers, agents, employees and volunteers
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County of Alameda WIB- Fiscal ACCORDANCE WITH TAE POLICY PROVISIONS. WILL BE DELIVERED IN 24100 Amador St.
6th Floor
Hayward, CA 94544-1203 AUTHORIZED REPRESENTATIVE
ACORD 25(2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
POLICY NUMBER: PHPK2374824 COMMERCIAL GENERAL LIABILITY CG 20 26 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - DESIGNATED
PERSON OR ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name Of Additional Insured Person(s) Or Organization(s):
County of Alameda WIB- Fiscal, it
Council members, Directors, Officers,
Agents, Employeesand Volunteers
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
A. Section II - Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III - Limits Of Insurance:
with respect to liability for "bodily injury", ' "property damage" or "personal and advertising injury" If coverage provided to the additional insured is he ace or onsins of one a behalf of the additional insured is the on your behalf: 1. Required by the contract or agreement; or
1. In the performance of your ongoing operations;
or 2. Available under the applicable Limits of
Insurance shown in the Deciarations;
2. In connection with your premises owned by or whichever is less. rented to you.
However: This endorsement shall not increase the
applicable Limits of Insurance shown in the
• The insurance afforded to such addition Declarations. sured only applies to the extent permitted b
law; and
2. If coverage provided to the additional insured is
required by a contract or agreement, the
insurance afforded to such additional insured
will not be broader than that which you are
required by the contract or agreement to
CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 1 of 1
DATE (MM/DD/YYYY)
ACORD® CERTIFICATE OF LIABILITY INSURANCE
11/19/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
MPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed I SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement or this certificate does not confer rights to the certificate holder in lieu of such endorsements).
NAME: Automatic Data Processing Insurance Agency, Inc.
Automatic Data Processing Insurance Agency, Inc. AIC No, Ext): 1-800-524-7024 VC, No):
E-MAIL
ADDRESS:
1 Adp Boulevard INSURERS) AFFORDING COVERAGE NAIC #
Roseland NJ 07068 INSURER A : State Compensation Insurance Fund 35076 INSURED OAKLAND PRIVATE INDUSTRY COUNCIL, INC. INSURER B:
INSURER C:
DBA: OAKLAND PRIVATE INDUSTRY COUNCIL INC INSURER D:
268 GRAND AVE INSURER E:
Oakland CA 94610
INSURER F:
COVERAGES CERTIFICATE NUMBER: 2194973 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR ADDL SUBR LIMITS
LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER
COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $
DAMAGE TO RENTED
CLAIMS-MADE OCCUR PREMISES (Ea occurrence)
MED EXP (Any one person) $
PERSONAL & ADV INJURY
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE
POLICY LOC PRODUCTS - COMP/OP AGG
OTHER:
COMBINED SINGLE LIMIT
AUTOMOBILE LIABILITY (Ea accident)
ANY AUTO BODILY INJURY (Per person)
oWNED SCHEDULED BODILY INJURY (Per accident)
AUTOS ONLY AUTOS
HIRED NON-OWNED ROPERTY DAMAGI
AUTOS ONLY AUTOS ONLY Per accident
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCESS LIAB CLAIMS-MADE AGGREGATE $
DED RETENTIONS $
WORKERS COMPENSATION X STATUTE
AND EMPLOYERS' LIABILITY
Y/N E.L. EACH ACCIDENT $ 1,000,000
ANY PROPRIETOR/PARTNER/EXECUTI [Y N/A N 9125959-2021 07/01/2021 07/01/2022
FICER/MEMBER EXCLUDE
(Mandatory in NH) E.L. DISEASE - EA EMPLOYEES 1,000,000 DES RIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN County of Alameda WIB/Fiscal ACCORDANCE WITH THE POLICY PROVISIONS. 24100 Amador St. 6th Floor AUTHORIZED REPRESENTATIVE
Haward CA 94544 Name In. Main
© 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD
EXHIBIT D
COUNTY OF ALAMEDA
DEBARMENT AND SUSPENSION CERTIFICATION
(Applicable to all agreements funded in part or whole with federal funds and contracts over $25,000) The contractor, under penalty of perjury, certifies that, except as noted below, the contractor, its principals, and any named and unnamed subcontractor:
• Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency;
• Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past three years;
• Does not have a proposed debarment pending; and
• Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three years.
If there are any exceptions to this certification, insert the exceptions in the following space or attach an additional page.
Exceptions will not necessarily result in denial of award, but will be considered in determining contractor responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.
Notes: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the contracting process.
By signing this contract and Exhibit D, Debarment and Suspension Certification, the Contractor/Grantee agrees to comply with applicable federal suspension and debarment regulations, including but not limited to: 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR
66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549.
CONTRACTOR: (Agency name) Oakland Private Industry Council, Inc.
NAME: Raymond Lankford TITLE: Chief Executive Officer
SIGNATURE: Raymad Fantford DATE: 7-7-2022
Exhibit D Revised 8/2018
4/21/2022 SAM.gov | Search
An official website of the United States government
Here's how you know
You have 2 new alerts
Show / Hide Alerts
I SAM.GOV
All Words
Search :
e.g. 1606N020Q02
Search Results Saved Searches
Select Domain
Entity Information
All Entity Information
Entities
Disaster Response Registry
Exclusions
Filter By -
Keyword Search
For more information on how to use our keyword search, visit our help guide Any Words O
All Words i
Exact Phrase O
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%... 1/3 4/21/2022 SAM.gov | Search
e.g. 123456789, Smith Corp
"OAKLAND PRIVATE INDUSTRY COUNCIL, INC."
Classification
Excluded Individual
Excluded Entity
Federal Organizations
Exclusion Type
Exclusion Program V
Location
Dates
Reset O
No matches found
We couldn't find a match for your search criteria.
Please try another search or go back to previous results.
Go Back
Feedback
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active %5D=true&sfm%5BsimpleSearch%5D%….. 2/3 4/21/2022 SAM.gov | Search
Our Website
Our Partners
Policies
Customer Service
This is a U.S. General Services Administration
General Services Administration Federal Government computer system that is "FOR GSA OFFICIAL USE ONLY." This system is subject to
monitoring. Individuals found performing
unauthorized activities are subject to disciplinary
action including criminal prosecution.
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch %5D%... 4/21/2022 SAM.gov | Search
An official website of the United States government
Here's how you know
You have 2 new alerts
Show / Hide Alerts
- SAM, GOV®
All Words
Search :
e.g. 1606N020Q02
Search Results Saved Searches
Select Domain
Entity Information
All Entity Information
Entities
Disaster Response Registry
Exclusions
Filter By -
Keyword Search
For more information on how to use our keyword search, visit our help guide Any Words @
All Words O
) Exact Phrase O
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%.. 1/3 4/21/2022 SAM.gov | Search
e.g. 123456789, Smith Corp
"Raymond Lankford" X
Classification V
Excluded Individual ^
First Name
Middle Name
Last Name
SSN / TIN
Add Individual
Raymond Lankford
Excluded Entity
Federal Organizations
Exclusion Type
Exclusion Program <<<
Location
Dates
Reset C
No matches found
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%.. 2/3 4/21/2022 SAM.gov | Search
We couldn't find a match for your search criteria.
Please try another search or go back to previous results.
Go Back
Feedback
Our Website
Our Partners
Policies
Customer Service
This is a U.S. General Services Administration
General Services Administration Federal Government computer system that is "FOR GSA OFFICIAL USE ONLY." This system is subject to
monitoring. Individuals found performing
unauthorized activities are subject to disciplinary
action including criminal prosecution.
https://sam.gov/search/?index=ex&sort=-relevance&page=1&pageSize=25&sfm%5Bstatus%5D%5Bis_active%5D=true&sfm%5BsimpleSearch%5D%….. 3/3
EXHIBIT E
CONTRACT COMPLIANCE REPORTING REQUIREMENTS
County project managers will provide a special access code to contractors and subcontractors participating in this contract to allow use of the Elation Systems free of charge.
Upon receipt of signed contract documents, prime contractor shall immediately enter/assign subcontractors in the System, confirm payments received from the County within five business days in the System, immediately enter payments made to subcontractors, and ensure that subcontractors confirm they received payments within five business days in the System.
Subcontractors shall confirm their payments received from the prime contractor within five business days in the System.
Alameda County Contract Compliance System training and ongoing support are provided at no charge to contractors and participating sub-contractors awarded a contract as a result of this bid process for this project. Contractors having contracts with the County should schedule a representative from their office/company, along with each of their subcontractors, to attend training. For the training schedule, please call Elation Systems at (925) 924-0340.
It is the Contractor's responsibility to ensure that they and their subcontractors are registered and trained as required to utilize the Alameda County Contract Compliance System. Training sessions are approximately one hour and will be held periodically in a number of locations throughout Alameda County.
Exhibit E Page 1 of 1
Exhibit F
AUDIT REQUIREMENTS
The County contracts with various organizations to carry out programs mandated by the Federal and State governments or sponsored by the Board of Supervisors. Under the Single Audit Act Amendments of 1996 (31 U.S.C.A. §8 7501-7507) and Board policy, the County has the responsibility to determine hether organizations receiving funds through the County have spent them in accordance wi oplicable laws, regulations, contract terms, and grant agreements. To this end. effective with the fir
AUDIT REQUIREMENTS
•
A. Funds from Federal Sources:
1. Non-Federal entities which are determined to be sub-recipients by the supervising department according to 2 CFR § 200.330 and which expend annual Federal awards in the amount specified in 2 CFR § 200.501 are required to have a single audit performed in accordance with 2 CFR § 200.514.
2. When a non-Federal entity expends annual Federal awards in the amount specified in 2 CFR § 200.501(a) under only one Federal program (excluding R&D) and the Federal program's statutes, regulations, or terms and conditions of the Federal award do not require a financial statement audit of the auditee, the non-Federal entity may elect to have a program-specific audit conducted in accordance with 2 CFR § 200.507 (Program Specific Audits).
3. Non-Federal entities which expend annual Federal awards less than the amount specitied in 2 CFR § 200.501(d) are exempt from the single audit requirements for that year except that the County may require a limited-scope audit in accordance with 2 CFR § 200.503(c) .
B. Funds from All Sources:
Non-Federal entities which expend annual funds from any source (Federal, State, County, etc.) through the County in an amount of:
1. $100,000 or more must have a financial audit in accordance with the U.S.
Comptroller General's Generally Accepted Government Auditing Standards (GAGAS) covering all County programs.
2. Less than $100,000 are exempt from these audit requirements except as otherwise noted in the contract.
Non-Federal entities that are required to have or choose to do a single audit in accordance with 2 CFR Subpart F, Audit Requirements are not required to have a financial audit in the same year. However, Non-Federal entities that are required to have a financial audit may also be required to have a limited-scope audit in the same year.
Exhibit F Page 1 of 3 Revised 6/2018
C. General Requirements for All Audits:
1. All audits must be conducted in accordance with Generally Accepted Government Auditing Standards issued by the Comptroller General of the United States (GAGAS).
2. All audits must be conducted annually, except for biennial audits authorized by 2 CFR § 200.504 and where specifically allowed otherwise by laws, regulations, or County policy.
3. Thé audit report must contain a separate schedule that identifies all funds received trom or passed through the County that is covered by the audit. County programs must be identified by contract number, contract amount, contract period, and amount expended during the fiscal year by funding source. An exhibit number must be included when applicable.
4. If a funding source has more stringent and specific audit requirements, these requirements must prevail over those described above.
II. AUDIT REPORTS
For Single Audits
1. Within the earlier of 30 calendar days after receipt of the auditor's report or nine months after the end of the audit period, the auditee must electronically submit to the Federal Audit Clearinghouse (FAC) the data collection form described in 2 CFR § 200.512(b) and the reporting package described in 2 CFR § 200.512(c). The auditee and auditors must ensure that the reporting package does not include protected personally identifiable information. The FAC will make the reporting package and the data collection form available on a web site and all Federal agencies, pass-through entities and others interested in a reporting package and data collection form must obtain it by accessing the FAC. As required by 2 CFR § 200.512(a)(2), unless restricted by Federal statutes or regulations, the auditee must make copies available for public inspection.
2. A notice of the audit report issuance along with two copies of the management letter and corresponding responses to the County Auditor within one week of receipt.
B. For Audits other than Single Audits
At least two copies of the audit report package, including all attachments and any management letter with its corresponding response, should be sent to the County Super as spedipat me the dipin sie. the Count super or in departmeat responsibe for forwarding a copy of the audit report package to the County Auditor within one week Exhibit F Page 2 of 3 Revised 6/2018
In addition, one complete copy of the audit report package, including all attachments and any management letter with its corresponding response, should be sent to: Alameda County Workforce Development Board, attention Fiscal Manager - 24100 Amador Street, Suite 610C, Hayward, CA 94544.
ILL. AUDIT RESOLUTION
Within 30 days of issuance of the audit report, the entity must submit to its County supervising department a corrective action plan consistent with 2 CFR § 200.511(c) to address each audit finding included in the current year auditor's report. Questioned costs and disallowed costs must be resolved according to procedures established by the County in the Contract Administration Manual. The County supervising department will follow up on the implementation of the corrective action plan as it pertains to County programs.
IV. ADDITIONAL AUDIT WORK
The County, the State, or Federal agencies may conduct additional audits or reviews to carry out their regulatory responsibilities. To the extent possible, these audits and reviews will rely on the audit work already performed under the audit requirements listed above.
Exhibit F Page 3 of 3 Revised 6/2018
EXHIBIT G
ADDITIONAL CONTRACT PROVISIONS - FEDERAL PROVISION
Funds used for payment of this Contract may be from or subject to reimbursement by state and/or federal funds.
Some of these funding sources require additional contractual obligations and County and Contractor hereby agree to the following additional terms and conditions. The parties agree to each of these terms for reasons including, but not limited to, meeting all contracting requirements as set forth in 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II. These terms supplement the General Terms and Conditions.
I. General Provisions
A. Remedies. In the event of a breach by Contractor of any term or provision of this Agreement, he County shall have the right to pursue all available remedies at law or equity ncluding recovery of damages and specific performance of this Agreement. The partie hereto agree that monetary damages would not provide adequate compensation for any losses incurred by reason of a breach by Contractor of any of the provisions of this Agreement and hereby further agrees that, in the event of any action for specific performance in respect of such breach, Contractor shall waive the defense that a remedy at law would be adequate. Except as expressly provided elsewhere in this Agreement, each party's rights and remedies under this Agreement are cumulative and in addition to, not exclusive of or in substitution for, any rights or remedies otherwise available to that party.
B. Termination. The County may suspend, terminate, or abandon the execution of any work by the Contractor under this Contract with or without cause at any time upon giving the Contractor prior written notice. In the event that the County should abandon, terminate, or suspend the Contractor's work, the Contractor shall be entitled to payment for services provided hereunder prior to the effective date of said suspension, termination, or abandonment, but in no event shall Contractor be entitled to more than the not to exceed amount of the Contract, or if applicable, the portion of the Contract being terminated.
C. Equal Employment Opportunity. During the performance of this contract, Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include. but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
Exhibit G
Updated 3/18/22
3. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the labor union or workers' representatives of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965 and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to their books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
7. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
8. The Contractor will include the portion of the sentence immediately preceding paragraph 1 and the provisions of paragraphs 1 through 8 in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the County may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
Contractor further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted Exhibit G
Updated 3/18/22
construction work: Provided, that if the Contractor so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.
The Contractor agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.
The Contractor further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Contractor agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions:
Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such Contractor and refer the case to the Department of Justice for appropriate legal proceedings.
These provisions are included in addition to the Equal Employment Opportunity Practices Provisions in the General Terms and Conditions and Contractor shall abide by both provisions.
D. Rights to Inventions Made Under a Contract or Agreement. If this Contract is funded in whole or part by a Federal award of funds and the Contract and/or funding meets the definition of "funding agreement" under 37 CFR § 401.2 (a) and the Contractor (the "recipient or subrecipient") wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental or research work under that 'funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. This requirement applies to "funding agreements," but it does not apply to the Public Assistance, Hazard Mitigation Grant Program, Fire Management Assistance Grant Program, Crisis Counseling Assistance and Training Grant Program, Disaster Case Management Grant Program, and Federal Assistance to Individuals and Households - Other Needs Assistance Grant Program, as FEMA awards under these programs do not meet the definition of "funding agreement." E. Clean Air Act and the Federal Water Pollution Control Act. The following provisions apply for all contracts in excess of $150,000:
Clean Air Act (42 U.S.C. 7401-7671q).
Exhibit G
Updated 3/18/22
a. The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
b. The Contractor agrees to report each violation of the Clean Air Act to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
2. Federal Water Pollution Control Act (33 U.S.C. 1251-1387). a. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
b. The Contractor agrees to report each violation of the Federal Water Pollution Control Act to the County and understands and agrees that the County Will, In urn, report each violation as required to assure notitication to the federa mergency Management Agency, and the appropriate Environmental Protectio Agency Regional Office.
c. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.
Debarment and Suspension. In addition to the debarment and suspension requirements in the General Terms and Conditions and executed Debarment certificate, the following terms shall apply:
This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Contractor is required to verify that none of the contractor's principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).
The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters.
3. This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.
The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C throughout the period of the Contract. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered contracts.
Exhibit G
Updated 3/18/22
G. Conflict of Interest. By executing this Contract, Contractor certifies that it does not know of any fact which constitutes a violation of Section 66 of County's Charter; Title 9, Chapter 7 of the California Government Code (Section 87100 et seq.), or Title 1, Division 4, Chapter 1, Article 4 of the California Government Code (Section 1090 et seq.), and further agrees promptly to notify the County if it becomes aware of any such fact during the term of this Contract. In addition, Contractor shall be in full compliance with all other conflict of interest requirements, including those contained in 2 C.F.R. § 200.318.
H. Byrd Anti-Lobbying Amendment. For any contract of $100,000 or more, Contractor shall complete the required certification (included below) Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the County.
I. Procurement of recovered materials.
In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired.
a. Competitively within a timeframe providing for compliance with the Contract performance schedule;
Meeting Contract performance requirements; or
c. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.
The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.
Access to Records.
1. The Contractor agrees to provide the County, the Federal Awarding Agency, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.
Exhibit G
Updated 3/18/22
The Contractor agrees to provide the Federal Awarding Agency or its authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.
4. In compliance with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this Contract is intended to prohibit audits or internal reviews by the Federal Awarding Agency or the Comptroller General of the United States.
K. Changes. The cost of any change, modification, change order, or constructive change must be allowable, allocable, within the scope of a funding grant or cooperative agreement, and reasonable for the completion of project scope. Changes can be made by either party to alter the method, price, or schedule of the work without breaching the Contract by entering a written amendment executed by authorized representatives. The Contract may not be modified except by a written document signed by both parties. It is mutually understood and agreed that no alterations or variations of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto, and that no oral understanding or agreement not incorporated herein, shall be binding on any of the parties hereto.
L. Seal, Logo, And Flags. The Contractor shall not use the Department of Homeland Security, or any other Federal, state or local seals, logos, crests, or reproductions of flags or likenesses of agency officials without specific Federal Awarding Agency pre-approval.
M. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that Federal financial assistance may be used to fund all or a portion of the contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, Federal Awarding Agency policies, procedures, and directives.
N. No Obligation of Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the Contract.
0. Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chap, 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this Contract.
P. Local Preferences: To the extent that any local preferences are prohibited by funding, SLEB and other local preferences and policies have already been or are waived.
Q. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). For all contracts in excess of $100,000 that involve the employment of mechanics or laborers, the following provisions, from 29 C.F.R $5.5(b) shall apply:
Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
Exhibit G
Updated 3/18/22
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory, for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
Withholding for unpaid wages and liquidated damages. The County shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.
4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
R. Domestic Preferences for Procurements. As appropriate and to the extent consistent with law, the contractor and their subcontractor(s), to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).
The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:
1. "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
"Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
S. Prohibition on Contracting for Covered Telecommunications Equipment and Services.
Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Exhibit G
Updated 3/18/22
Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause-
2. Prohibitions.
a. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons.
b. Unless an exception in paragraph (3) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to:
(1) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (2) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system;
(3) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; (4) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.
3. Exceptions.
a. This clause does not prohibit contractors from providing. (1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or
b. By necessary implication and regulation, the prohibitions also do not apply to:
(1) Covered telecommunications equipment or services that:
(a) Are not used as a substantial or essential component of any system; and
(b) Are not used as critical technology of any system.
Exhibit G
Updated 3/18/22
(2) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services.
4. Reporting requirement.
a. In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (4)(b) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established The Contractor shall report the following information pursuant to paragraph (4)(a) of this clause:
(1) Within one business day from the date of such identification or notification: The contract number; the order number(s), it applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manutacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.
(2) Within 10 business days of submitting the information in paragraph (4)(b)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.
Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (5), in all subcontracts and other contractual instruments.
License and Delivery of Works Subject to Copyright and Data Rights. In order to comply with 2 C.F.R. § 200.315, Contractor grants to the County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works.
Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County.
Exhibit G
Updated 3/18/22
U. Affirmative Socioeconomic Steps for Subcontracts. As a condition for the approval of any subcontract, the prime contractor is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible.
Il. Construction and Repair Work. The following provisions apply to construction or repair work:
Compliance with the Davis-Bacon Act and Copeland "Anti-Kickback" Act. For all prime construction contracts in excess of $2,000 the following terms shall apply:
A. Davis-Bacon Act
1. All transactions regarding this Contract shall be done in compliance with the Davis- Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) and the requirements of 29 C.F.R. pt. 5 as may be applicable. The Contractor shall comply with 40 U.S.C. 3141-3144, and 3146-3148 and the requirements of 29 C.F.R. pt. 5 as applicable.
Contractors are required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
Additionally, contractors are required to pay wages not less than once a week.
B. Copeland "Anti-Kickback" Act
1. Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract.
The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the Federal Awarding Agency may by appropriate instructions require, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.
3. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
Exhibit G
Updated 3/18/22
Procurement Contract No. 24059
CALIFORNIA EXHIBIT G-1
Certification for Contracts, Grants, Loans, and Cooperative Agreements CERTIFICATION REGARDING LOBBYING (APPENDIX A, 44 C.F.R. PART 18) The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
Contractor, Oakland Private Industry Council, Inc., certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if any.
Raynd Loutford 7-7-2022
Signature of Contractor's Authorized Official Date
Raymond Lankford Chief Executive Officer
Name Title
Exhibit G-1
Updated 12/29/21
ATTACHMENT A
LANGUAGE ACCESS REQUIREMENTS FOR CONTRACTORS
I. The Alameda County Social Services Agency (SSA) has developed and adopted a A. Shall clearly disclose language access capabilities in relationship to the population served.
3. Shall have a plan in place—available for review upon request by County stati—for reterring clients whose language needs the contractor can't accommodate.
C. Shall permit County staff to conduct ongoing monitoring of contracted services for compliance with provisions of the County's Language Access Plan.
D. Shall provide the County with a list and copies of all printed contract-related marketing/promotional/education-related materials (including languages materials are printed in).
11. The SSA shall aid contracted CBOs in expanding language interpretation services through:
A. Providing CBOs/contractors with training, materials and instruction on how to effectively refer LEP clients to appropriate language resources.
B. Including service-marketing plan requirements in requests for proposals (RFPs) and contracts with CBOs that propose to offer language services (including appropriate outreach and notification of programs and services) to the LEP community and customers.
C. Developing a monitoring process of contracted services to ensure high-quality language accessible services are always provided to LEP clients.
D. Providing CBOs/contractors with access to Telephonic Interpreters, —a 24-hour, seven-day-a-week, 365-days-a-year telephone language interpretation service in over 100+ languagesto supplement on-site language access services.
Attachment A - Language Access Requirements
EXHIBIT O
COUNTY OF ALAMEDA
THE IRAN CONTRACTING ACT (ICA) OF 2010
For Procurements of $1,000,000 or more
The California Legislature adopted the Iran Contracting Act (ICA) to respond to policies of Tran in a uniform fashion (PCC § 2201(g)). The ICA prohibits persons engaged in investment activities in Iran from bidding on, submitting proposals for, or entering into or renewing contracts wit ublic entities for goods and services of one million dollars ($1,000,000) or more PCC § 2203(a)) À person who "engages in investment activities in Iran" is defined in either of two ways:
1. The person provides goods or services of twenty million dollars ($20,000,000) or more in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers, or products used to construct or maintain pipelines used to transport oil or liquefied natural gas, for the energy sector of Iran; or
2. The person is a financial institution (as that term is defined in 50 U.S.C. § 1701) that extends twenty million dollars ($20,000,000) or more in credit to another person, for 45 activities described in paragraph 1 above.
By signing below, I hereby certify that as of the time of bidding or proposing for a new contract or renewal of an existing contract, neither I nor the company I own or work for are identified on the DGS list of ineligible persons and neither I nor the company I own or work for are engaged in investment activities in Iran in violation of the Iran Contracting Act of 2010.
If either I or the company I own or work for are ineligible to bid or submit a proposal or to renew a contract, but I believe I or it qualifies for an exception listed in PCC § 2202(c), I have described in detail the nature of the exception: _
NAME: Oakland Private Industry Council, Inc.
PRINCIPAL: Raymond Lankford TITLE: Chief Executive Officer SIGNATURe: Rand Jenkfurl DATE: 7-19-20212
Exhibit O