1 OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT WORKFORCE INVESTMENT BOARD 250 Frank Ogawa Plaza, Suite 3315 250 Frank Ogawa Plaza, Suite 3315 250 Frank Ogawa Plaza, Suite 3315 250 Frank Ogawa Plaza, Suite 3315 Oakland, CA 94612 Oakland, CA 94612 Oakland, CA 94612 Oakland, CA 94612 REQUEST FOR PROPOSALS (RFP) for WORKFORCE INVESTMENT AND OPPORTUNITY ACT (WIOA) ON-CALL YOUTH SERVICES FISCAL YEARS 2016-2018 Due Date: Tuesday, March 8, 2016, 2:00 PM Pacific JANUARY 27, 2016 Oakland Rising Together!
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REQUEST FOR PROPOSALS - Oakland, CaliforniaREQUEST FOR PROPOSALS – WIOA Youth Services 1 I. Introduction A. Overview of Application Requirements This Request for Proposals (RFP)
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OFFICE OF ECONOMIC AND WORKFORCE DEVELOPMENT
WORKFORCE INVESTMENT BOARD
250 Frank Ogawa Plaza, Suite 3315250 Frank Ogawa Plaza, Suite 3315250 Frank Ogawa Plaza, Suite 3315250 Frank Ogawa Plaza, Suite 3315
Oakland, CA 94612Oakland, CA 94612Oakland, CA 94612Oakland, CA 94612
REQUEST FOR PROPOSALS
(RFP)
for
WORKFORCE INVESTMENT AND OPPORTUNITY ACT (WIOA)
ON-CALL YOUTH SERVICES
FISCAL YEARS 2016-2018
Due Date: Tuesday, March 8, 2016, 2:00 PM Pacific
JANUARY 27, 2016
Oakland Rising Together!
REQUEST FOR PROPOSALS – WIOA Youth Services
TABLE OF CONTENTS
I. INTRODUCTION ...................................................................................... 1
A. Overview of Application Requirements ............................................ 1
B. Goals of the RFP ................................................................................. 2
C. Eligible Bidders ................................................................................... 2
D. Funding Availability and Duration of Contracts ................................ 2
E. Background Information .................................................................... 2
F. OWIB RFP Goals ................................................................................. 5
G. Priority Industry Sectors and Career Pathways ................................ 6
H. Stakeholder Engagement Informing the RFP ................................... 7
II. SCOPE OF SERVICES ................................................................................ 8
A. Overview of Solicited Services ........................................................... 8
B. Eligibility and Desired Qualifications of Bidders ............................... 8
C. Collaboration ...................................................................................... 9
D. Contract Period .................................................................................. 9
E. Funding Availability and Budget ........................................................ 9
F. Required Match and Leveraging of Resources ................................. 10
G. Scope of Services ............................................................................... 10
H. Populations to Be Served ................................................................... 14
I. Required and Recommended Partnerships ...................................... 15
J. Performance Measurement and Accountability .............................. 18
III. PROPOSAL REQUIREMENTS .................................................................... 19
A. General Information .......................................................................... 19
B. Proposal Review Process ................................................................... 28
C. Submittal Requirements ................................................................... 28
D. Required Proposal Elements and Format ......................................... 28
E. Rejection of Proposal Elements ........................................................ 31
F. Evaluation of Proposals ..................................................................... 31
G. Interviews of Short-listed Firms ........................................................ 33
H. RFP Timeline ....................................................................................... 34
I. Contract Negotiations and Award..................................................... 34
J. Appeals Process ................................................................................. 35
IV. APPENDICES
A. Required Proposal Checklist .............................................................. 37
B. Required Proposal Forms .................................................................. 38
C. Youth Eligibility Criteria ..................................................................... 48
D. Summary of WIOA Youth Program Design Requirements ............... 50
E. Definition of Required WIOA Youth Service Elements ..................... 51
REQUEST FOR PROPOSALS – WIOA Youth Services
F. OWIB Training Services – Policies and Procedures .......................... 54
G. Sample City of Oakland Professional or Specialized
htm (Schedule Q). A copy of the requirements are attached and incorporated herein by reference.
Liability insurance shall be provided in accordance with the requirements specified.
When providing the insurance, include the Project Name and Project Number on the ACORD form
in the section marked Description of Operations/Locations.
When providing the insurance, the “Certificate Holder” should be listed as: City of Oakland,
Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612.
15. City Contractor Performance Evaluation
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At the end of the project, the Project Manager will evaluate the Contractor’s Performance in
accordance with the City Contractor Performance Evaluation program.
16. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:
The City or Agency may, in their sole discretion, consider violations of any programs and policies
described or referenced in this Request for Proposal, a material breach and may take enforcement
action provided under the law, programs or policies, and/or terminate the contract, debar
contractors from further contracts with City and Agency and/or take any other action or invoke
any other remedy available under law or equity.
17. Contractor’s Qualifications
Contractor represents that Contractor has the qualifications and skills necessary to perform the
services under this Agreement in a competent and professional manner without the advice or
direction of the City. Contractor’s services will be performed in accordance with the generally
accepted principles and practices applicable to Contractor’s trade or profession. The Contractor
warrants that the Contractor, and the Contractor’s employees and sub-contractors are properly
licensed, registered, and/or certified as may be required under any applicable federal, state and
local laws, statutes, ordinances, rules and regulations relating to Contractor’s performance of the
Services. All Services provided pursuant to this Agreement shall comply with all applicable laws
and regulations. Contractor will promptly advise City of any change in the applicable laws,
regulations, or other conditions that may affect City’s program. This means Contractor is able to
fulfill the requirements of this Agreement. Failure to perform all of the services required under
this Agreement will constitute a material breach of the Agreement and may be cause for
termination of the Agreement. Contractor has complete and sole discretion for the manner in
which the work under this Agreement is performed. Prior to execution of this agreement,
Contractor shall complete the Independent Contractor Questionnaire, Part A, attached hereto.
18. All responses to the RFP become the property of the City. To withhold financial and proprietary
information, the bidder must label each page as "confidential" or "proprietary". Although a
document may be labeled "confidential" or "proprietary", information is still subject to disclosure
under the Public Records Act or Sunshine Ordinance, and is, at the City's discretion, based on the
potential impact of the public’s interests whether or not to disclose "confidential" or "proprietary"
information.
19. The RFP does not commit the City to award a contract or to pay any cost incurred in the
preparation of the proposal.
20. The City reserves the sole right to evaluate each proposal and to accept or reject any or all
proposals received as a result of the RFP process.
21. The City reserves the unqualified right to modify, suspend, or terminate at its sole discretion any
and all aspects of the RFP and/or RFP process, to obtain further information from any and all
Contractor teams and to waive any defects as to form or content of the RFP or any responses by
any contractor teams
22. The City may require a service provider to participate in negotiations and submit technical
information or other revisions to the service provider’s qualifications as may result from
negotiations.
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23. Once a final award is made, all RFP responses, except financial and proprietary information,
become a matter of public record and shall be regarded by the City as public records. The City
shall not in any way be liable or responsible for the disclosure of any such records or portions
thereof if the disclosure is made pursuant to a request under the Public Records Act or the City of
Oakland Sunshine Ordinance.
24. The Fair Political Practices Act and/or California Government Code Section 1090, among other
statutes and regulations may prohibit the City from contracting with a service provider if the
service provider or an employee, officer or director of the service providers’ firm, or any
immediate family of the preceding, or any subcontractors or contractor of the service provider, is
serving as a public official, elected official, employee, board or commission member of the City
who will award or influence the awarding of the contract or otherwise participate in the making of
the contract. The making of a contract includes actions that are preliminary or preparatory to the
selection of a Contractor such as, but not limited to, involvement in the reasoning, planning
and/or drafting of solicitations for bids and RFPs, feasibility studies, master plans or preliminary
discussions or negotiations.
B. Proposal Review Process
All proposals received will be screened initially for compliance with RFP requirements. Proposals that
are not received by the submission deadline; fail to follow the required format; or fail to include all
necessary information as requested will not proceed in the review process.
All proposals that pass the initial compliance screening will be evaluated based upon consistent
selection criteria. Only information submitted as part of this bid will be considered in the review
process. Proposals will be evaluated by an Independent Review Panel comprised of individuals with
relevant expertise from outside the Oakland area. Short-listed applicants may be invited to participate
in an in-person presentation/interview. OWIB staff will conduct reference checks on finalists. The
Independent Review Panel will score the proposals received and recommend the most qualified
bidder(s) to the full OWIB for a decision, and the Oakland City Council will give final approval of
contract awards.
C. Submittal Requirements
Proposals must be submitted both via e-mail and in hard copy. E-mail submissions should be sent to
[email protected] and must be sent no later than 2:00 PM on Tuesday, March 8, 2016. In
addition, proponents must submit six (6) hard copies of the proposal. Hard copies of proposals are
due on March 8, 2016 at the Department of Contracts and Compliance, Office of the City
Administrator, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 time stamped by no later
than 2:00 P.M.
All proposals submitted via U.S. Mail or common carrier must be delivered in a sealed package with
the project name, submittal date, time and location of the proposals on the outside of the package or
the documents.
D. Required Proposal Elements and Format
A proposal checklist is included as Appendix A. Bidders should refer to and organize the proposal
packet in the manner outlined in this checklist.
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1. Cover Sheet
The Cover Sheet form (Appendix B-1) must be completed by the bidder, signed by the bidder’s
authorized representative, and submitted as an attachment.
2. Proposal Narrative
The Proposal Narrative must provide a straightforward, concise delineation of the proponent’s ability
to satisfy the requirements of this RFP, with emphasis on conformance to the RFP instructions,
responsiveness to the RFP requirements, and completeness and clarity of content.
3. Workplan/Timeline
The Workplan/Timeline form (Appendix B-2) must be completed and submitted as an attachment.
The Workplan/Timeline should concisely detail the proposed activities and timeline related to start-
up, implementation and reporting, including roles and responsibilities of individual staff and
subcontractors.
4. Service Elements Delivery Plan
The Service Elements Delivery Plan form (Appendix B-3) must be completed and submitted as an
attachment.
The Service Elements Delivery Plan indicates which of the required service elements will be provided
directly by the bidder, or whom the bidder will partner with or subcontract to deliver these services.
The Plan also indicates whether a Letter of Commitment is included with the proposal as an
attachment.
5. Client Flow Chart
The bidder is asked to create and submit as an attachment a Client Flow Chart that illustrates the
sequence of services to be received by a Youth client.
6. Performance Outcomes Form
The Performance Outcomes Form (Appendix B-4) must be completed and submitted as an
attachment.
The Performance Outcomes Form indicates the bidder’s proposed one-year outcomes for each OWIB
outcome measure provided.
7. Proposal Budget Form
The Proposal Budget Form (Appendix B-5) must be completed by the bidder and by each
subcontractor and submitted as an attachment. Information in the Form should describe a one-year
program budget.
8. Budget Narrative
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The Budget Narrative must concisely and clearly describe all program costs for which OWIB funds are
requested, including proposed contractor and subcontractor costs. Each line item amount should be
described with clear and sufficient cost rationale, including the figures (number of hours, rates, %,
etc.) used to determine the cost. (For example, rationale for staff wages may be: 37.5 hours/week @
$26/hour for 41 weeks = $39,975. Rationale for benefits expenses may be: 32% of salaries, including
20% medical insurance, 7% disability, 5% dental.) Leveraged funds (such as the cash match
requirement of 15%) should also be described, including source, amount, proposed use, and whether
the funds are secured or proposed. This section should describe:
a. Other costs listed in the Budget Detail Form
b. Justification of the percent of total funds spent on participant expenses
c. Budget assumptions
d. Sources of other resources
e. In-kind resources
f. Other budget information you would like the review committee to know
9. Past/Current Contracts Form
The Past/Current Contracts Form (Appendix B-6) must be completed by the bidder and submitted as
an attachment.
The Past/Current Contracts Form provides information on up to four current and four past contracts
received by the bidder; the funders; amounts; dates; outcomes attained; and contact person.
Subcontractors are not required to provide past/current contract information.
10. Schedule E - Project Consultant Team
Schedule E (Appendix B-7) must be completed by the bidder and submitted as an attachment. An
interactive version of this form can be downloaded from the City of Oakland Contracts and
Compliance website:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm or a copy may be requested from Paula Peav at [email protected] or (510) 238-3190.
The Project Consultant Team listing must list the addresses, telephone numbers and areas of expertise
for each proposed subcontractor. It must identify which contractors are MBE, WBE, Local Business
Enterprises (LBE) and Small Local Business Enterprise (SLBE).
All LBEs/SLBEs, whether the bidder or a proposed subcontractor, must submit a copy of the current
business license and date established in Oakland.
11. Resumes/Job Descriptions
The bidder is required to submit a resume or job description for all key personnel, including staff of
the bidder and any proposed subcontractors. Each resume or job description must not exceed 2
pages.
12. Organizational Chart
The bidder is required to create an organizational chart that indicates all positions described in the
proposal; the relationships between these positions and the bidder’s organizational structure; and the
relationships between the bidder and subcontractors.
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13. Letters of Commitment/Memoranda of Understanding
The bidder is required to document the proposed relationship with each subcontractor by submitting
either a signed Letter of Commitment from each proposed subcontractor, or a Memorandum of
Understanding (MOU) signed by the bidder and the proposed subcontractor(s). The Letter of
Commitment or MOU must detail the roles, responsibilities and commitments of each partner.
General letters of support are not permitted.
14. Schedule O - Campaign Contribution Limits
Schedule O (Appendix B-8) must be completed by the bidder and submitted as an attachment. An
interactive version of this form can be downloaded from the City of Oakland Contracts and Compliance
• EDD Workforce Services Draft Directive WSDD-72 PURPOSE: This policy directive provides guidance on eligibility for training services, financial assistance towards training, and related procedures under the Workforce Investment Act (WIA) Programs. The Oakland WIB’s Strategic Plan supports the implementation of a sector-focused approach to the delivery of training services. The Oakland WIB also has a Supportive Services policy which requires the use of the Self-Sufficiency Standard to assist job seekers with training and employment goals. ELIGIBILITY FOR TRAINING:
Training Services under WIA may be established for an individual; that individual may then be referred to any number of training options. In Oakland, training services may be made available to employed and unemployed adults and dislocated workers who:
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• Have met the eligibility requirements for intensive services, have received at least one intensive service, and who have been determined to be unable to obtain or retain employment through such intensive services;
• Have been determined by the individual’s Case Manager or Workforce Counselor, after documented evaluation or assessment in the Individual Employment Plan, and case management services, to be in need of training services and to have the prerequisites to successfully participate in the selected program of training services;
• Have selected a program of training services that are directly linked to employment opportunities available in the local area, or in an area where the individuals receiving such services are willing to relocate;
• Are unable to obtain grant assistance from other sources to pay the costs of such training, including Federal Pell Grants, or who require WIA assistance in addition to other sources of grant assistance; and
• Are deemed eligible in accordance with Oakland's priority of services policies. TRAINING SERVICES OPTIONS
Training Services are defined as one or more courses or classes, or a structured regimen, that upon successful completion, leads to: (1) a certificate, associate degree or baccalaureate degree; or (2) the skills or competencies needed for a specific job or jobs, an occupation, occupational group, or generally, for many types of jobs or occupations, as recognized by employers and determined prior to training.
WIA-funded training services that may be provided to Adult or Dislocated Workers include:
• Occupational skills training, including training for non-traditional employment;
• Programs that combine workplace training with related instruction (which may include cooperative education programs);
• On-the Job Training;
• Training programs operated by the private sector;
• Skill upgrading and retraining;
• Entrepreneurial training;
• Job readiness training;
• Adult education and literacy activities provided in combination with the above training services; and
• Customized training conducted with a commitment by an employer or group of employers to employ an individual upon successful completion of the training.
Customized training, On-the-Job Training, and incumbent worker training do not require ETPL (Eligible Training Provider List) eligibility or the use of ITAs.
Inasmuch as possible, training services shall be directly linked to occupations that are in demand in the Oakland metropolitan area or in another area to which and adult or dislocated worker receiving training services is willing to relocate. One-Stop and affiliates are expected to abide by current or future policies regarding the expenditure of training funds for occupations determined by the Oakland WIB to be in sectors of the economy that have a high potential for sustained demand or growth in the Oakland metropolitan area and in meeting the goals for CA SB734. To the greatest extent possible, training should be linked to a career pathway in high growth sectors
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that have entry-level and mid-level occupations leading to self-sufficiency. Case managers will use the Self-Sufficiency Standard to assist in determining training and employment goals.
LIMITS ON TRAINING SERVICES
The Oakland Workforce Investment Board is required under the Workforce Investment Act to set policies for Adults and Dislocated Workers seeking training services funded under WIA. These policies must define time and cost limits (caps) to training activities under WIA. The following principles, initially established by EASTBAY Works, set the policies and procedures adopted by the Oakland One-Stop system:
Training subsidies will be capped/limited to $4,000 over a five-year period per program participant. Under special circumstances, on a case-by-case basis and with proper justification, a Career Counselor or Case Manager could request a waiver to exceed the $4,000 limit from the One-Stop Manager. The One-Stop Managers may approve waivers to amounts not to exceed $6,000. The Oakland WIB-designated representative must approve any waiver request that exceeds $6,000.
Individual Training Accounts and On-the-Job Training can be combined as long as the funding limit is not exceeded. INDIVIDUAL TRAINING ACCOUNTS (ITA)
The Workforce Investment Act requires that ITAs only be issued if WIA-enrolled individuals are unable to obtain other grant assistance for training services through Federal Pell Grants or any other grant assistance, including the possible funding for dislocated workers under the North American free Trade Agreement (NAFTA) or Trade Adjustment Assistance (TAA).
Individual Training account (ITA) Policy:
• Service providers must coordinate training funds available and make funding arrangements with One-Stop partners and other entities. Training providers must consider the availability of Pell Grants and other sources of grants to pay for training costs, so that WIA funds supplement other sources of training grants.
• A WIA participant may enroll in WIA-funded training while his/her application for a Pell Grant is pending as long as the One-Stop service provider has made arrangements with the training provider and the WIA participant regarding allocation of the Pell Grant, if it is subsequently awarded. In that case, the training provider must reimburse the One-Stop service provider the WIA funds used to underwrite the training for the amount the Pell Grant covers. Reimbursement is not required from the portion of Pell Grant assistance disbursed to the WIA participant for education-related expenses.
• If similar training (curricula and timeframes) are available at both public and private training institutions, the Oakland WIB would only pay up to the cost of the public training institution. (The WIA registrant could opt for the private school but would only receive an ITA for the amount equal to the Public School’s cost).
• Maximum length of training will be limited to two (2) years.
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• It is the policy of the Oakland WIB to fund training through the use of Individual Training Accounts only with those vendors listed on the State of California Eligible Training Providers List (ETPL).
• More than one course can be taken by a participant within the maximum ITA amount allowed as long as the training is with eligible training providers, and the trainings are consistent with the Individual Employment Plan.
• ITAs and OJTs can be combined as long as the total cost stays under the limits set above and under the exceptions established above.
o Consumer Choice (20 CFR 663.440) � Training services provider through ITAs must be provided in a manner that
maximizes informed consumer choice in selecting an eligible provider; � Each One-Stop center must make available to customers the State list of
eligible training providers (ETPL) and the performance and cost information about eligible providers of training services;
� An individual who has been determined eligible for training services may select a provider from the ETPL after consultation with a Case Manager. Unless the program has exhausted training funds for the program year, the operator must refer the individual to the selected provider and establish an ITA for the individual to pay for training.
Under no circumstances should a One-Stop service provider be allowed to refer a client and establish ITAs with itself.
[WIA Directive WIAD06-17 specifically states: “Training vouchers. UI Code 14234 prohibits One-Stop operators that issue training vouchers from being a recipient of those vouchers without the approval of the local chief elected official and the California Workforce Investment Board. Approval would be given only in those instances in which there were no other potential One-Stop partners in the local area. [Cf. WIA 117(f)(1), and 20 CFR 663.400 and 663.505.]”]
ITA Payment and Payment Recapture Policy
Provided all conditions have been met to create a ratified ITA contract, contractors providing training services to WIA clients will receive one-half of the amounts due under the ITA upon the participant’s completion of 50% of the training. The remaining one-half of the amount due will be paid upon the client’s completion of the training program. Payment of either portion of the ITA is expressly conditioned upon:
• The vendor’s submission of the participant’s monthly attendance and progress reports, and
• The vendor’s submission of an invoice for each unit of training.
In the event that a participant withdraws from an ITA-funded training or does not complete the number of hours of training authorized under the ITA, the Oakland WIB or its training processing contractor, will, on the basis of “scheduled attendance”, pay only the proportional costs of the participant’s tuition for the portion of training that the participant had completed before withdrawing or exiting from the training. The vendor understands that a participant may
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choose to withdraw from training for any reason or no reason at all, and the vendor agrees to help the career counselor determine the actual number of hours the participant attended. The Oakland WIB will not seek recovery of funds used for the purchase of books and other training materials at the onset of training. ON-THE-JOB TRAINING
On-the-Job Training (OJT) is provided under a contract with an employer in the public, private non-profit, or private sector. Through the OJT contract, occupational training is provided for the WIA participant in exchange for the reimbursement of up to 50 percent of the wage rate or up to the rate allowable based on EDD guidance, to compensate for the employer’s extraordinary costs.
OJT and Customized Training opportunities are to be given preference over ITA classroom training in order to provide training services to the greatest number of eligible individuals.
However, the Oakland WIB will not accept contracts with an employer who has previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees who have worked a similar length of time and are doing the same type of work.
Participants in OJT must be compensated at the same rates, including periodic increases, as trainees or employees who are similarly situated in similar occupations by the same employer and who have similar training, experience and skills. All wage and hour laws, EEO provisions, and health and safety standards established under Federal, State or Local laws are applicable.
An OJT contract must be limited to the period of time required for a participant to become proficient in the occupation for which the training is being provided. In determining the appropriate length of the contract, consideration should be given to the skill requirements of the occupation, the academic and occupational skill level of the participant, prior work experience, and the participant’s individual employment plan.
OJT contracts may be written for eligible employed workers when:
• The employee is not earning a self-sufficient wage as determined by Local Board policy; and
• The OJT relates to the introduction of new technologies, introduction to new production or service procedures, upgrading to new jobs that require additional skills, workplace literacy, or other appropriate purposes identified by the Oakland WIB.
Regarding the conditions that govern OJT payments to employers, On-the-Job Training payments to employers are deemed to be compensation for the extraordinary costs associated with training participants and the costs associated with the lower productivity of the WIA participant. Employers may be reimbursed up to 50 percent of the wage rate of an OJT participant for the extraordinary costs of providing the training and additional supervision related to the OJT. Employers are not required to document such extraordinary costs.
Prohibitions on the use of OJTs
WIA funds may not be used or proposed to be used for:
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• Contracts with employers who have previously exhibited a pattern of failing to provide OJT participants with continued long-term employment with wages, benefits, and working conditions that are equal to those provided to regular employees;
• The encouragement or inducement of a business, or part of a business, to relocate from any location in the United States, if the relocation results in any employee losing his or her job at the original location;
• If the employer has a collective bargaining agreement, the OJT contract should not impair existing contracts for services or collective bargaining agreements;
• The use of OJT funds should not result in the full or partial displacement of employed workers;
• Customized training, skill training, or OJT or company-specific assessments of job applicants or employees of a business or a part of a business that has relocated from any location in the United States, until the company has operated at that location for 120 days, if the relocation has resulted in any employee losing his or her jobs at the original location;
• Funds provided to employers for OJT or customized training must not be used to directly or indirectly assist, promote or deter union organizing;
• WIA Title I funds, in general, may not be spent on the employment or training of participants in sectarian activities.
CUSTOMIZED TRAINING
Customized Training is training:
• That is designed to meet the special requirements of an employer (including a group of employers);
• That is conducted with a commitment by the employer to employ or, in the case of incumbent workers, continue to employ an individual on successful completion of the training; and
• For which the employer pays not less than 50 percent of the cost of the training.
Customized training of an eligible employed individual may be provided for an employer or a group of employers when:
• The employee is not earning a self-sufficient wage as determined by Oakland WIB policy;
• The customized training relates to the purposes identified by the Oakland WIB.
Priority in Training
In the event that funds allocated for adult or dislocated worker employment and training activities are limited, priority shall be given to recipients in accordance with the “Priority for Services” policy, as authorized and issued by the Oakland WIB. Due to limited WIA funds available for training activities, priority should be given to Oakland residents. LEVERAGED RESOURCES
Beginning in PY 2012-13 funding (grants with start dates in July 2012) all local boards are required to spend at least 25 percent of the combined total of their WIA Adult and Dislocated Worker formula fund allocations on workforce training services. The training expenditure requirement does not apply to Youth formula fund allocations. A portion of the minimum
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training expenditure requirement, (up to 10 percent of the combined total of the Adult and Dislocated Worker fund allocation) may be met by applying designated leveraged resources used for training services.
Beginning PY 2016-17 the minimum training expenditure requirement will increase from 25 percent to 30 percent.
For local boards to meet the minimum training expenditure requirement, formula funds and leveraged resources must be spent on WIA Adult or Dislocated Worker participants enrolled in a training activity in the EDD Job Training Automation (JTA) system, which is currently in migration to the EDD California Workforce Services Network (CWSN) system.
Formula funds and leveraged resources spent on WIA core, WIA intensive services, and supportive services may not be applied toward the minimum training expenditure requirement. Leveraged resources can be claimed to fulfill the requirements under SB 734 if the participant is enrolled in a training activity as defined in training services options above. What qualifies as Leveraged Resources?
It is the policy of the Oakland WIB to apply the following as leveraged resources used for training services toward meeting up to 10 percent of the minimum training expenditure requirement:
• Federal Pell Grants established under Title IV of the Higher Education Act of 1965
• Public programs authorized by the Workforce Investment Act of 1998 (e.g., Job Corps, Migrant Seasonal Farm Worker, Rapid Response, WIA Title II Adult Education and Literacy, national and state WIA discretionary grants, WIA youth program, etc.)
• Trade adjustment assistance
• Department of Labor National Emergency Grants
• Match funds from employers, industry, and industry associations (including the employer paid portion of on-the-job training and customized training)
• Match funds from joint labor-management trusts
• Employment training panel grants
• Rapid Response set-aside funds used for training services, particularly for long-term unemployed dislocated workers.
• Youth formula funds expended on training for individuals ages 18-21 if: 1) the individuals are co-enrolled in either the WIA Adult or Dislocated Worker
program, and 2) the training meets all requirements set forth in this policy directive.
All records of funds applied as leveraged resources must be kept for independent verification by the Employment Development Department (during monitoring visits). Some examples of documentation would include:
• A commitment letter or written agreement from an employer or training provider
• A training agreement with an employer detailing the employer’s contribution
• A copy of the Pell Grant award letter or relevant correspondence from the school
• An executed worksite agreement and participant time record
• A participant progress report and/or evidence of completion
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Costs arising from the recordkeeping required to demonstrate compliance with leveraged
resources requirements cannot be included towards fulfilling the 10 percent requirement. ACTION:
The Oakland WIB and its service providers shall follow this policy. This policy will remain in effect from the date of issue until such time that a revision is required. INQUIRIES:
Inquiries should be addressed to the Oakland WIB's Executive Director. APPROVED BY THE WIB: September 27, 2012
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Appendix G: Sample City of Oakland Grant Agreement
SAMPLE
OAKLAND WORKFORCE INVESTMENT SYSTEM
WIA GRANT AGREEMENT
This WIA Grant Agreement (the “Agreement”) is entered into effect _______________, _____, by and between the City of Oakland, a municipal corporation (the “City”), on behalf of itself and the Oakland Workforce Investment Board (the “Oakland WIB”), and _____________________, a California nonprofit public benefit corporation (“Grantee”), pursuant to City Council Resolution No._______ C.M.S.
RECITALS
A. The City receives funding as grant recipient under the federal Workforce Investment Act of 1998 and the Workforce Innovation and Opportunity Act of 2014 (together, “WIA”), codified at 29 USC §2801, et seq., to deliver workforce investment activities for the Oakland Local Workforce Investment Area. The Oakland WIB is the local workforce investment board and the Mayor of the City of Oakland is the chief elected official of the Oakland Local Workforce Investment Area as defined by WIA. The Mayor has designated the City Administrator to act on his or her behalf on all WIA administrative matters.
B. Grantee has been selected by the Oakland WIB and the Mayor to be a provider of employment services for [SPECIFY YOUTH, ADULTS, OTHER] within the Oakland workforce investment system.
C. The purpose of this Agreement is to set forth the role of Grantee in delivering services to the Oakland workforce investment system, and to provide for City grant funding of such work from WIA and other grant funds. This Agreement shall serve as the “Memorandum of Understanding” required between local WIBs and WIA service providers pursuant to Section 121(c) of WIA.
NOW, THEREFORE, the City and Grantee agree as follows: 1. GRANT Subject to the terms and conditions of this Agreement, the City agrees to provide a grant of funds to Grantee (the “Grant”) in the amount of $_________________. The Grant amount is broken down as follows:
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• Program dollars: $__________________
• Participant support services dollars: $________________
• Participant wages: $________________
This Agreement is based on the allocation of WIA formula funds and other funds for Fiscal Year _____________ as approved and authorized by the City for Grantee’s work under this Agreement. Budget allocations are subject to modifications based upon the mid-year budget review processes of the Oakland WIB and the Oakland City Council. 2. SCOPE OF WORK
As a condition of this Grant, Grantee must diligently and in good faith perform the program services and other work (the “Work”) specified in that Scope of Work attached hereto as Exhibit A incorporated herein by reference. 3. AGREEMENT DOCUMENTS AND PROVISIONS
Grantee shall perform or arrange for the performance of Work under this Agreement in accordance with conditions of this Agreement including the attached Scope of Work in addition to City of Oakland rules, regulations and policies and applicable federal and state laws. 4. TIME OF PERFORMANCE The initial term of this Agreement shall be from ______________, until _____________. The term of this Agreement may be extended in writing for up to two additional years with the mutual agreement of the parties. The Grant amounts for those additional years shall be as budgeted and approved by the City. In addition, with the mutual agreement of the parties, the term of this Agreement may be extended in writing with no additional funding allocation from the City for the extension period as may be necessary for Grantee to complete performance of the Scope of Work and meet performance benchmarks, exit outcomes, and follow-up services for the preceding year. 5. METHOD OF PAYMENT Grantee shall perform the Work under this Agreement and receive reimbursement payments, under the payment terms and disbursement process further set forth below, and, for amounts designed above as program dollars, in accordance with that budget detailed as Exhibit B to this Agreement (the “Budget”), incorporated herein by reference. For the Grant amount specified above as program dollars, Grantee will be reimbursed for meeting the performance benchmarks set forth in Exhibit A, but only for costs set forth in the Budget. Each request for payment must include a status report detailing the
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activities undertaken under the Scope of Work to meet performance standards set forth in this Agreement, and otherwise meet requirements set forth in Exhibit A. For the Grant amount specified above as participant support services dollars and participant wages, if any, Grantee will be reimbursed on a cost reimbursement basis for WIA-enrolled clients specific to this Agreement. Grantee must develop a system to track expenditures to ensure that there is no overspending of these dollars, and that they have been separately allocated from program dollars. Disbursements must be in accordance with the federal allowable cost principles set forth in OMB Circular No. A-122, as well as in accordance with this Agreement. The City will disburse funds only for costs actually incurred by Grantee. Costs incurred before or after the term of this Agreement shall not be reimbursed and shall be the sole responsibility of Grantee. Reimbursements for indirect costs, such as costs of operating, maintaining or leasing facilities or equipment, depreciation or use allowances, administrative or executive salaries, and other general administrative expenses, must be in accordance with OMB Circular No. A-122 and must be supported by documents that either (1) demonstrate current approval by the US Department of Labor or the California Employment Development Department of Grantee’s indirect cost rate calculation and method by which this rate is applied to WIA funds, or (2) set forth a cost allocation plan, with a full explanation of the indirect cost rate calculation and method of proration of revenues, satisfactory to the City.
In order to receive disbursements, all payment requests must be supported by documentation reasonably sufficient in the City’s determination to support payment. Grantee must submit payment requests to the City within 60 calendar days following the end of the term of this Agreement, as such term may be extended. No payment requests submitted after the 60-day period shall be binding on the City for reimbursement. Any costs above the amount of this Grant necessary for the completion of the work shall be the sole responsibility of Grantee. The payment of all costs incurred in the performance of this Agreement shall be the sole responsibility of, and be borne by, Grantee. Funding is contingent on the availability of federal and state funds, and the parties agree that this Agreement shall be subject to modification or termination in the event that the contemplated funding is not available. 6. PROMPT PAYMENT This Agreement is subject to the Prompt Payment Ordinance codified in Chapter 2.06 of the Oakland Municipal Code. Under said Ordinance, the City must disburse Grant funds to Grantee within 20 business days after receipt of an undisputed request for payment. An undisputed request for payment is a request for payment that is not a “disputed invoice” within the meaning of the Prompt Payment Ordinance. Under the Ordinance, a “disputed invoice” is an invoice or request for payment that is either (1) improperly executed by Grantee, (2) contains errors, (3) requires additional evidence to determine
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its validity, and/or (4) contains expenditures or proposed expenditures that are ineligible or that do not otherwise comply with reimbursement or disbursal requirements of the City or another grant funding source, such as the California Employment Development Department or the US Department of Labor. If a request for payment is “disputed”, the payment/disbursal shall not be subject to late penalties until the dispute is resolved. In the event a request for payment is disputed, the City shall notify Grantee and the City’s Liaison (as defined in the Prompt Payment Ordinance) in writing within five business days of receiving the disputed request for payment that there is a bona fide dispute, in which case the City shall withhold the disputed amount and may withhold the full amount if either the California Employment Development Department or the US Department of Labor requires that the disputed expenditures be fully resolved prior to any disbursement of Grant funds. If either the California Employment Development Department or the US Department of Labor requires its review and approval before payments are made to Grantee, the 20-day prompt payment period shall be suspended for any period of review by said agency. If any amount due by the City to be disbursed to Grantee pursuant to this Agreement is not timely paid in accordance with the Prompt Payment Ordinance, Grantee is entitled to interest penalty in the amount of 10% of the improperly withheld amount per year for every month that payment is not made, provided that Grantee agrees to release the City from any and all further claims for interest penalties that may be claimed or collected on the amount due and paid. Grantees that receive interest penalties for late payment pursuant to the Prompt Payment Ordinance may not seek further interest penalties on the same late payment in law or equity. The Prompt Payment Ordinance further requires that, unless specific exemptions apply, Grantee shall pay undisputed invoices of its subcontractors for goods and/or services within 20 business days of submission of invoices unless Grantee notifies the City’s Liaison in writing within five business days that there is a bona fide dispute between Grantee and claimant, in which case Grantee may withhold the disputed amount but shall pay the undisputed amount. Disputed payments are subject to investigation by the City’s Liaison, and, upon the filing of a complaint, Grantee, if opposing payment, shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If Grantee fails or refuses to deposit security, the City will withhold an amount sufficient to cover the claim from the next Grant payment. The City, upon a determination that an undisputed invoice or payment is late, will release security deposits or withholds directly to claimants for valid claims. Grantee is not allowed to retain monies from subcontractor payments for goods as project retention, and is required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five business days of payment. For the purpose of posting on the City's website, Grantee is required to file notice with the City of release of retention and payment of mobilization fees within five business days of such payment or release; and Grantee is required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five business days following receipt of payment from the City. The affidavit shall provide the names and address of all subcontractors and the amount paid to each.
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7. PROGRAM INCOME
Any funds received as return of costs or as income generated from activities funded by this Agreement are the property of the City and must be transmitted to the City promptly.
8. DESIGNATION OF GRANTEE AS SERVICE PROVIDER
Grantee agrees to take on the role and responsibility of being a service provider for the Oakland Local Workforce Investment Area during the term of this Agreement. 9. COMPLETION REQUIREMENTS It shall be the responsibility of Grantee to coordinate and schedule the Work to be performed so that commencement and completion will take place in accordance with the provisions of this Agreement. The City may extend the time for completion of the Work in writing, if it determines that delay in the progress of the Work is not attributable to the negligence of Grantee and that such delay was due to causes beyond the control of Grantee. Any time extension granted to Grantee to enable Grantee to complete the Work shall not constitute a waiver of rights the City may have under this Agreement. 10. PERFORMANCE STANDARDS Grantee shall be held accountable for the performance of the Work as required by the US Department of Labor, the California Employment Development Department, and the City. Failure to meet the performance standards set by the US Department of Labor, the California Employment Development Department, or the City may result in termination of this Agreement. Grantee’s performance will be analyzed on a monthly and quarterly basis. For each reporting period that Grantee submits a report showing poor implementation of the Work, the City may require Grantee to submit an analysis of the causes for poor performance and appropriate corrective actions to be taken within specified time frames. The City will meet with Grantee to explore corrective measures. If Grantee does not carry out the required corrective action within the specified time frame, the City may apply sanctions and pursue remedies set forth herein. If the problem persists, City staff reserves the right to inform the WIB and others of the deficiency and take further action as authorized in this Agreement. 11. REPORTING Grantee must gather data and submit program performance reports in accordance with the requirements of the US Department of Labor, the California Employment Development Department, and the City. Reporting requirements are further set forth in the Scope of Work and are subject to change. Grantee must maintain and submit records to the City within five business days of the City’s request which clearly
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document Grantee’s performance under each requirement of this Agreement. Grantee must supply promptly, upon the City’s reasonable request, any information or documentation pertaining to the Work under this Agreement and must cooperate with the City’s representatives on matters related to program monitoring and evaluation. 12. RECORDS Grantee must maintain records that fully and accurately show the date, amount, purpose, and payee of all expenditures drawn from funds provided under this Agreement, and must maintain full and complete documentation of performance-related matters such as benchmarks and deliverables associated with this Agreement. Grantee must keep all estimates, invoices, receipts, and other documents related to such fund expenditures and documentation of performance-related matters for at least five years after completion of the term of this Agreement. Grantee must maintain a full set of accounting records in accordance with generally accepted accounting principles and procedures for all funds received under this Agreement. Grantee must maintain such accounting records for a period of four years following the last fiscal year during which the City made a payment to Grantee under this Agreement. All records must be kept accurate and up-to-date. The City shall notify Grantee of any records it deems in its reasonable judgment to be insufficient. Grantee shall have 15 calendar days from such notice to correct any specified deficiency in the records, or, if more than 15 days shall be reasonably necessary to correct the deficiency, Grantee shall begin to correct the deficiency within 15 days and correct the deficiency as soon as reasonably possible. 13. AUDITS Grantee agrees to comply with all audit, inspection, record-keeping and fiscal reporting requirements mandated by the City, and all state and/or federal audit requirements applicable to the funding sources of the Grant. Grantee must make available at Grantee’s office for examination at reasonable intervals and during normal business hours to the City’s representatives, as well as representatives of the US Department of Labor and the California Employment Development Department, all books, accounts, reports, files, financial records, and other papers or property with respect to all matters covered by this Agreement, including the financial condition of Grantee in general, and shall permit these representatives to audit, examine, and make copies, excerpts or transcripts from such records. The City’s representatives, as well as representatives of the US Department of Labor and the California Employment Development Department, may make audits of any conditions relating to this Agreement, as well as the general financial condition and organizational condition of Grantee, throughout the term of this Agreement and for three years following the expiration of the term of this Agreement. Notwithstanding anything to the contrary above, Grantee must also comply with the applicable provisions of Office of Management and Budget (“OMB”) Circular No. A-133 with respect to audit requirements.
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14. FRAUD, WASTE, AND ABUSE Grantee must immediately inform the City’s Workforce Investment Executive Director, as well as the US Department of Labor, the California Employment Development Department, and other agencies as required under WIA regulations, of any information or complaints involving criminal fraud, waste, abuse, or other criminal activity in connection with the Work. 15. COMPLIANCE WITH FEDERAL STANDARDS Grantee shall be responsible for complying with the terms, conditions, and requirements set forth in WIA, WIA regulations codified at 20 CFR Part 660, et seq., applicable OMB circulars, state WIA regulations, and other applicable federal and state laws with respect to federal grants. These include, but are not limited to, the following:
(A) Grantee shall comply with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. §1857 (h)), Section 508 of the Clean Water Act (33 U.S.C. §1368), Executive Order 11738, and US Environmental Protection Agency regulations (40 CFR Part 15, revised as of July 1, 1989), and with all applicable standards, orders, and requirements issued relating to energy efficiency which are contained in the California energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871).
(B) By signing this Agreement, Grantee hereby assures and certifies to the
lobbying restrictions which are codified in US Department of Labor regulations at 29 CFR Part 93:
1) No federal appropriated funds have been paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress, in connection with this Agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying” in accordance with its instructions.
3) The undersigned shall require that the language of the lobbying restrictions be included in the award documents for subgrant agreement transactions over $100,000 (per OMB) at all tiers (including subgrant agreements, contracts and subcontracts, under
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grants, loan, or cooperative agreements), and that all subrecipients shall certify and disclose accordingly.
4) This certification is a material representation of fact upon which reliance is placed when this transaction is executed. Submission of the Lobbying Certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, and the US Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure.\
(C) Grantee is prohibited from discriminating on the ground of race, color,
religion, sex, sexual preference, national origin, age, disability, or political affiliation or belief, in admission or access to, opportunity or treatment in, or employment in the administration of, or in connection with, any program or activity funded under this Agreement. As a condition to the award of financial payment under this program, Grantee assures, with respect to operation of this funded program or activity and all agreements or arrangements to carry out this program or activity, that it will comply fully with all nondiscrimination and equal opportunity statutes and regulations including, but not limited to, the following: Section 188 of the Workforce Investment Act of 1998;Title VI and VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990; Section 504 of the Rehabilitation Act of 1973; Title IX of the Education Amendments of 1972; the Age Discrimination Act of 1975, as amended; the California Fair Employment and Housing Act, Government Code Sections 12900 et seq.; California Labor Code Sections 1101, 1102, and 1102.1; and with all applicable requirements imposed by or pursuant to regulations implementing those laws. The federal government, state government, and the City shall have the right to seek judicial enforcement of this nondiscrimination requirement.
(D) Grantee agrees to grant the City, Federal, and State governments, a
royalty-free, nonexclusive and irrevocable license to publish, copy, translate or use, now and hereafter, all materials, data, films, tapes, etc., developed under this Agreement. The City, federal and state governments reserve the right to authorize others to use or reproduce such materials. Further, the City, federal, and state governments shall have access to any report, preliminary findings or data assembled by Grantee under this Agreement and shall retain ownership and patent rights to any discovery or invention under this Agreement.
(E) By signing this Agreement, Grantee hereby certifies under penalty of perjury
that it will comply with the requirements of the government-wide requirements for a drug-free workplace codified in US Department of Labor regulations, including, but not limited to, 29 CFR §98.600 and 29 CFR §98.630 and the State of California’s Drug-Free Workplace Act of 1990
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(Government Code §8350, et seq.) and will provide a drug-free workplace by taking the following actions:
• Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code §8350(a).
• Establish a Drug-Free Awareness Program as required by Government Code §8355(b) to inform employees about all of the following:
o The dangers of drug abuse in the workplace. o Grantee’s policy of maintaining a drug-free workplace. o Any available counseling, rehabilitation and employee
assistance programs. o Penalties that may be imposed upon employees for drug
abuse violations. • Provide, as required by Government Code §8355(c), that every
employee who works on this Agreement: o Will receive a copy of Grantee’s drug-free policy statement;
and o Will agree to abide by the terms of Grantee’s statement as a
condition of employment. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of future agreements if the City determines that any of the following has occurred:
• False certification; or • Violation of the certification by failing to carry out the requirements
as noted above.
(F) Grantee certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(G) For funds provided under this Agreement that are used for construction or
repair, Grantee shall comply with, and ensure that any of its grantees or subgrantees comply with, the following federal requirements, as applicable: (1) Executive Order 11246 (“Equal Employment Opportunity”) as amended by Executive Order 11375 and as supplemented by Department of Labor regulations (41 CFR Chapter 60); (2) the Copeland “Anti-Kickback” Act (18 USC §874) as supplemented by Department of Labor regulations (29 CFR Part 3); (3) the Davis-Bacon Act (40 USC §§256a to 276a-7) as supplemented by Department of Labor regulations (29 CFR Part 5); and (4) Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC §§327-330) as supplemented by Department of Labor regulations (29 CFR Part 5).
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16. CONFIDENTIALITY Grantee shall maintain the confidentiality and security of all participant files. No information may be divulged to any outside party (other than the City or other funding agency) without the express written permission of the participant, except as necessary for the purpose of performance monitoring or program evaluation, or except to the extent such disclosure is required by applicable law or court order. 17. GRIEVANCES Grantee shall establish and maintain a procedure for addressing grievances and complaints from program participants. Such procedure shall include a process for Grantee to conduct an informal resolution of the dispute and a hearing to be completed within 60 days of the filing of the grievance or complaint. The remedies that may be imposed as part of such procedure shall be as permitted under WIA regulations. Such procedure shall provide for an appeal to the designated Grantee, the City and the state for any party to the dispute who is dissatisfied with Grantee’s decision. For any grievances or complaints of Grantee filed against the City, the City shall conduct an informal resolution of the dispute and a hearing before a representative designated by the City to be completed within 60 days of the filing of the grievance or complaint. Grantee may appeal any decision by the City on such grievance or complaint to the state or federal government if permitted under WIA regulations. 18. COOPERATION Grantee and the City shall cooperate with each other and other agency participants, including the One-Stop Operator and One Stop Career Center Operator designated by the City, in furthering the operations of the Oakland workforce investment system. 19. LIVING WAGE Grantee is subject to the City’s Living Wage Ordinance codified in Chapter 2.28 of the Oakland Municipal Code and its implementing regulations as a “City Financial Assistance Recipient” or “CFAR.” The Ordinance requires among other things that, unless specific exemptions apply or a waiver is granted, all covered CFARs must pay a minimum level of compensation to their covered employees of at least $12.53 per hour if health benefits of at least $1.87 per hour are offered, or $14.40per hour if no health benefits are offered. This wage rate shall be adjusted annually pursuant to the terms of the Ordinance. Grantee and its agents agree to abide by the requirements of the Living Wage Ordinance to pay the specified minimum compensation to its covered employees, to offer the required compensated and uncompensated leave time to its covered employees, to provide the required notices to its covered employees, and to submit the required documentation to the City during the term of this Agreement. Grantee shall also include language in any service contract that it enters into related to this Agreement, if the amount of the service contract exceeds $25,000, requiring that the
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service contractor comply with Living Wage requirements for its covered employees. Grantee shall submit a copy of such service contracts to the City’s Office of Contract Compliance.
For purposes of this section, “covered employees” mean any natural person who performs services for the employer under this Agreement; but does not include managerial, supervisory, or confidential employees, independent contractors, volunteers, or those construction employees who are entitled to be paid at prevailing wages. Under the provisions of the Living Wage Ordinance, the City may, under appropriate circumstances, terminate this Agreement and seek other remedies as set forth therein for violations of the Ordinance.
20. EQUAL BENEFITS Grantee and its agents must abide by the City of Oakland Equal Benefits Ordinance codified in Chapter 2.32 of the Oakland Municipal Code. Grantee and its agents warrant and represent that they do not discriminate in the provision of those benefits enumerated in the Ordinance between its employees with domestic partners and its employees with spouses, or between the domestic partners and spouses of its employees. Grantee must post written notice to its employees of their potential rights under the Equal Benefits Ordinance. Grantee and its agents must promptly provide to the City upon request documents and information verifying its compliance with the Equal Benefits Ordinance. Grantee understands that, in the event that it violates the Equal Benefits Ordinance, the City may suspend or terminate this Agreement, demand repayment of amounts disbursed under this Agreement, deem Grantee ineligible for future financial assistance, impose liquidated damages, seek attorneys’ fees and enforcement costs, or pursue any other remedy permitted under the Ordinance. 21. LOCAL/SMALL LOCAL ENTERPRISE PARTICIPATION
The City has established requirements for participation by local and small local enterprises, including local nonprofit organizations and small local nonprofit organizations, in publicly-supported projects. Grantee satisfies local and small local enterprise requirements. 22. NONDISCRIMINATION
Grantee may not discriminate against any employee or applicant for employment on the basis of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Grantee agrees to
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post in conspicuous places available to all employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. In providing services under this Agreement, Grantee may not discriminate against any program participant on the basis of age, marital status, religion, gender, sexual orientation, gender identity, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. Program activities shall be available to all eligible persons regardless of religious affiliation or non-affiliation. 23. POLITICAL PROHIBITION Funds paid pursuant to this Agreement shall not be used for political purposes, sponsoring or conducting candidate's meetings, engaging in voter registration activity, or for publicity or propaganda purposes designed to support or defeat legislation pending before federal, state or local government. 24. RELIGIOUS PROHIBITION
There shall be no religious worship, instruction, or proselytization as part of, or in connection with, the performance of the Agreement. 25. BUSINESS TAX CERTIFICATE OR EXEMPTION
Grantee shall obtain and provide proof of a valid City business tax certificate or business tax exemption certificate. Said certificate or exemption must remain valid during the duration of this Agreement. 26. INSURANCE COVERAGE Grantee must have or cause to have in full force and effect the insurance coverage specified in Exhibit C to this Agreement during the term of this Agreement. 27. NON-LIABILITY OF CITY No member, official, officer, director, employee, or agent of the City shall be liable to Grantee for any obligation created under the terms of this Agreement except in the case of actual fraud or willful misconduct by such person. 28. INDEMNITY Notwithstanding the insurance coverage required herein, Grantee hereby agrees to indemnify and hold the City of Oakland, and its members, officials (including Oakland WIB members), officers, directors, employees, and agents (collectively, the “Indemnified Parties”) harmless from any losses, damages, liabilities, claims, demands, judgments, actions, court costs, and legal or other expenses (including reasonable attorneys' fees)
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which an Indemnified Party may incur arising out of: (1) Grantee’s failure to perform any of its obligations as and when required by this Agreement; (2) a failure of any of Grantee’s representations or warranties to be true and complete in any material respect; or (3) any act or omission by Grantee or any contractor or subcontractor, with respect to the Work done under this Agreement, except to the extent that the loss is caused by the negligence or willful misconduct of the Indemnified Party. Grantee shall pay immediately upon the Indemnified Party’s demand any amounts owing under this indemnity provision. The duty of Grantee to indemnify includes the duty to defend the Indemnified Party in any court action, administrative action, or other proceeding brought by any third party arising from this Agreement, with counsel reasonably acceptable to the Indemnified Party. Grantee’s duty to indemnify the Indemnified Parties shall survive the term of this Agreement. 29. EVENTS OF DEFAULT
The occurrence of any of the following events shall be an "Event of Default" by Grantee under this Agreement:
(A) Failure to adequately perform the Work set forth in this Agreement; (B) Failure for any reason to fulfill in a timely and proper manner any of the
other obligations imposed by this Agreement on Grantee, including the obligation to comply with City, state and federal law;
(C) Breach by Grantee or its employees or agents of any term or condition set forth in this Agreement;
(D) Failure by Grantee to meet the performance standards contained in this Agreement;
(E) Breach by Grantee under any other agreement pertaining to the Oakland workforce development system, whether or not the City is a party to such agreement;
(F) Improper use or reporting of funds provided under this Agreement by Grantee or its employees or agents;
(G) A determination by the City in its reasonable judgment that any of Grantee’s representations or warranties made in this Agreement, any statements made to the City by Grantee, or any certificates, documents, or schedules supplied to the City by Grantee in connection with this Agreement were untrue in any material respect when made, or that Grantee concealed or failed to disclose a material fact from the City in connection with this Agreement; or
(H) Grantee’s (1) filing for bankruptcy, dissolution, or reorganization, or failure to obtain a full dismissal of any involuntary filing brought by another party under bankruptcy or similar laws before the earlier of final relief or 60 days after filing; (2) making a general assignment for the benefit of creditors; (3) applying for the appointment of a receiver, trustee, custodian, or liquidator, or failure to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or 60 days after the
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filing; (4) insolvency; or (5) failure, inability or admission in writing of its inability to pay its debts as they become due.
30. NOTICE OF DEFAULT AND CURE
The City shall give written notice to Grantee of any Event of Default on the part of Grantee. Said notice shall specify the nature of the act, omission, or deficiency giving rise to the Event of Default. In addition, if the Event of Default is curable, the notice shall also specify the action required to cure the default, and a reasonable date, which shall not be less than 30 calendar days from the mailing of the notice, by which Grantee must take or commence such action to cure. 31. REMEDIES Following any notice of an Event of Default, the City may suspend payments under this Agreement pending Grantee’s cure of the specified breach. Upon an Event of Default that has not been cured by Grantee, the City, in its discretion, may take any of the following actions:
(A) Terminate this Agreement in whole or in part; (B) Suspend payments under this Agreement; (C) Demand immediate reimbursement of any funds disbursed under this
Agreement; (D) Bring an action for equitable relief (a) seeking the specific performance by
Grantee of the terms and conditions of the Agreement, and/or (b) enjoining, abating, or preventing any violation of said terms and conditions, and/or (c) seeking declaratory relief;
(E) Bar Grantee from future funding by the City; and/or (F) Pursue any other remedy allowed at law or in equity.
32. TERMINATION OR MODIFICATION FOR LACK OF APPROPRIATION
The City’s obligations under this Agreement are contingent upon the availability of funds from WIA or other funding sources for the Grant. The City may terminate this Agreement on 30 days’ written notice to Grantee without further obligation if said funding is withdrawn or otherwise becomes unavailable for continued funding of the Work.
33. RELATIONSHIP OF PARTIES
The relationship of the City and Grantee is solely that of a grantor and grantee of funds, and should not be construed as a joint venture, equity venture, partnership, or any other relationship. The City does not undertake or assume any responsibility or duty to Grantee (except as provided for herein) or to any third party with respect to the work performed under this Agreement. Except as the City may specify in writing, Grantee has no authority to act as an agent of the City or to bind the City to any obligation.
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34. PUBLICITY
Any publicity generated by Grantee for the program funded pursuant to this Agreement, during the term of this Agreement or for one year thereafter, shall make reference to the contribution of the City in making the project possible. The words “City of Oakland” shall be explicitly stated in all pieces of publicity, including but not limited to flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. City staff will be available whenever possible at the request of Grantee to assist Grantee in generating publicity for the program funded pursuant to this Agreement. Grantee further agrees to cooperate with authorized City officials and staff in any City-generated publicity or promotional activities undertaken with respect to this program. 35. WARRANTIES
Grantee represents and warrants: (1) that it has access to professional advice and support to the extent necessary to enable Grantee to fully comply with the terms of this Agreement and otherwise carry out the Work required under this Agreement; (2) that it is duly organized, validly existing and in good standing under the laws of the State of California; (3) that it has the full power and authority to undertake the Work required under this Agreement; (4) that there are no pending of threatened actions or proceedings before any court or administrative agency which may substantially affect the financial condition or operation of Grantee, other than those already disclosed to the City; and (5) that the persons executing and delivering this Agreement are authorized to execute and deliver such document on behalf of Grantee. 36. LITIGATION AND PENDING DISPUTES Grantee must promptly give notice in writing to the City of any litigation pending or threatened against Grantee in which the amount claimed is in excess of $50,000. Grantee must disclose, and represents that it has disclosed, any and all pending disputes with the City prior to execution of this Agreement. The City will provide a form for such disclosure upon Grantee’s request. Failure to disclose pending disputes prior to execution of this Agreement shall be a basis for termination of this Agreement. 37. CONFLICTS OF INTEREST Grantee warrants and represents, to the best of its present knowledge, and agrees to exercise due diligence to ensure, that no "covered person" associated with the City (as defined below) has or will obtain a financial interest or benefit from this Agreement, or has or will obtain an interest in any contract, subcontract or agreement with respect to this Agreement or the proceeds thereunder, either for themselves or their immediate family members, business partners, or employing organization. A "covered person" for purposes of this paragraph includes any employee, agent, consultant, officer, or elected or appointed official of the City (including an Oakland WIB member) who participates in
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a decision making process with respect to this Agreement or the provision of services by Grantee. Grantee’s attention is directed to the federal conflict of interest rules set forth in WIA (29 USC §2832(g)), WIA regulations (20 CFR §667.200(a)(4)), and federal procurement regulations (29 CFR §97.36(b)(3)). Grantee warrants and represents, to the best of its present knowledge, that no public official of this City who has been involved in the making of this Agreement, or who or has participated in the decision to approve this Agreement as a member of a City board or commission (including the Oakland WIB), has or will receive a direct or indirect financial interest in this Agreement in violation of the rules contained in California Government Code Section 1090, et seq., pertaining to conflicts of interest in public contracting. Grantee warrants and represents, to the best of its present knowledge, that any such public official of the City who is a compensated employee or a compensated or non-compensated director or officer of said nonprofit corporation has disqualified himself or herself from participating in the City decision to make this Agreement.
Grantee further warrants and represents, to the best of its present knowledge and excepting any written disclosures as to these matter already made by Grantee to the City, that (1) no public official of the City who has participated in decision making concerning this Agreement, or has used his or her official position to influence decisions regarding this Agreement, has an economic interest in Grantee or this Agreement, and (2) this Agreement will not have a direct or indirect financial effect on said official, the official’s spouse or dependent children, or any of the official’s economic interests. Grantee agrees to promptly disclose to the City in writing any information it may receive concerning any such potential conflict of interest. Grantee’s attention is directed to the conflict of interest rules applicable to governmental decision making contained in the Political Reform Act (California Government Code §87100, et seq.) and its implementing regulations (California Code of Regulations, Title 2, §18700, et seq.).
Grantee shall exercise due diligence to ensure that no proceeds under this Agreement are used in any self-dealing transaction, within the meaning of the California Corporations Code, involving a material financial interest of a director of Grantee; unless such transaction is expressly permitted or considered valid under the Corporations Code. 38. UNAVOIDABLE DELAY IN PERFORMANCE
The time for performance of provisions of this Agreement by either party shall be extended for a period equal to the period of any delay directly affecting this Agreement which is caused by: war; insurrection; strikes; lock-outs; riots; floods; earthquakes; fires; casualties; acts of God; acts of a public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; suits filed by third parties concerning or arising out of this Agreement; or unseasonable weather conditions. An extension of time for any of the above-specified causes will be deemed granted only if written notice by the party claiming such extension is sent to the other party within ten calendar days from the commencement of the cause. Times of performance under this Agreement
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may also be extended for any cause for any period of time by the mutual written agreement of the City and Grantee. 39. VALIDITY OF CONTRACTS
This Agreement shall not be binding or of any force or effect until it is approved for form and legality by the Office of the City Attorney and signed by the City Administrator or his or her designee. 40. GOVERNING LAW
This Agreement shall be interpreted under and be governed by the laws of the State of California, except for those provisions relating to choice of law or those provisions preempted by federal law or expressly governed by federal law. 41. STATUTORY REFERENCES
All references in this Agreement to particular statutes, regulations, ordinances, or resolutions of the United States, the State of California, or the City of Oakland shall be deemed to include the same statute, regulation, ordinance, or resolution as hereafter amended or renumbered, or if repealed, to such other provisions as may thereafter govern the same subject. 42. ATTORNEYS' FEES AND COSTS
In the event any legal or administrative action is brought to interpret or enforce the terms of this Agreement, the prevailing party shall be entitled to recover all reasonable attorneys' fees and costs incurred in such action. 43. TIME
Time is of the essence in the performance of this Agreement by the City and Grantee. 44. CONSENTS AND APPROVALS
Any consent or approval required under this Agreement may not be unreasonably withheld, delayed, or conditioned. 45. NOTICES, DEMANDS AND COMMUNICATIONS
Formal notices, demands and communications between Grantee and the City shall be given by registered or certified mail, postage prepaid, return receipt requested, or shall be delivered personally, to the principal offices of Grantee and the City as follows, or if any such office is relocated, to the new address specified by the relocated party:
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CITY: City of Oakland c/o: Community and Economic Development Agency 250 Frank Ogawa Plaza, 3rd Floor Oakland, CA 94612 Attn.: John Bailey, Executive Director, Workforce Investment Board Copy to: City of Oakland City Attorney’s Office One Frank Ogawa Plaza, 6th Floor Oakland, CA 94612 Attn: Daniel Rossi
GRANTEE: Attn: 46. ASSIGNMENT AND SUBCONTRACTING
Grantee may not assign or subcontract any of its interests or obligations under this Agreement to any other party without the prior written consent of the City. Any unauthorized assignment or subcontracting shall be void. 47. WAIVER Any waiver by the City of an obligation in this Agreement must be in writing and must be executed by an authorized agent of the City. No waiver should be implied from any delay or failure by the City to take action on any breach or Event of Default of Grantee or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Grantee to perform any obligation under this Agreement will not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Grantee should not be construed to be a consent to any other act or omission or to waive the requirement for the City’s written consent to future waivers. 48. INTEGRATION This Agreement contains the entire agreement of the parties with respect to the matters addressed herein, and supersedes any prior negotiations. All prior or contemporaneous agreements, understandings, representations, and statements are merged into this Agreement and are of no further force or effect.
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49. OTHER AGREEMENTS
Grantee represents that it has not entered into any agreements that are inconsistent with the terms of this Agreement. Grantee may not enter into any agreements that are inconsistent with the terms of this Agreement without an express written waiver by the City. 50. AMENDMENTS AND MODIFICATIONS
Any amendments or modifications to this Agreement must be in writing, and will be effective only if executed by both Grantee and the City. 51. SEVERABILITY
Every provision of this Agreement is intended to be severable. If any provision of this Agreement is held invalid, illegal, or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired.
52. COUNTERPARTS
This Agreement may be signed in multiple counterparts, which, when signed by all parties, will constitute a binding agreement. 53. EXHIBITS The following exhibits are attached to this Agreement and are hereby incorporated herein by reference:
Exhibit A: Scope of Work Exhibit B: Budget Exhibit C: Insurance Requirements Exhibit D: Payment Request Form
[SIGNATURE BLOCKS ON NEXT PAGE]
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In witness whereof, the City and Grantee have entered into this Grant Agreement effective as of the date first above written. “CITY” CITY OF OAKLAND, a municipal corporation By: ________________________________________
City Administrator
By: ________________________________________ Mark Sawicki, Director Department of Economic and Workforce Development
Approved for forwarding
By: ________________________________________ John R. Bailey Executive Director, Oakland Workforce Investment Board
Approved as to form and legality: By: ________________________________ Deputy City Attorney
“GRANTEE” [INSERT FULL LEGAL GRANTEE NAME HERE], a California nonprofit public benefit corporation By: __________________________________ Name: _______________________________ Title: _________________________________
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OAKLAND WORKFORCE INVESTMENT SYSTEM
WIA GRANT AGREEMENT
EXHIBIT A
SCOPE OF WORK
(attached)
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OAKLAND WORKFORCE INVESTMENT SYSTEM
WIA GRANT AGREEMENT
EXHIBIT B
BUDGET
(attached)
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OAKLAND WORKFORCE INVESTMENT SYSTEM
WIA GRANT AGREEMENT
EXHIBIT C
INSURANCE REQUIREMENTS A. General Liability, Automobile, Worker’s Compensation and Professional Liability
Grantee shall procure, prior to commencement of service, and keep in force for the term of this Agreement, at Grantee’s own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. If requested, Grantee shall provide the City with copies of all insurance policies. The insurance shall at a minimum include:
1. Commercial General Liability (“CGL”) insurance, shall cover liability arising
from premises, operations, independent contractors, products-completed operations, personal and advertising injury, Bodily Injury, Broad Form Property Damage, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract). If such CGL insurance contains a general aggregate limit, it shall apply separately to this agreement.
i. Coverage afforded on behalf of the City shall be primary insurance and
any other insurance available to the City under any other policies shall be excess insurance (over the insurance required by this Agreement).
ii. Limits of liability: Grantee shall maintain CGL insurance and, if
necessary, commercial umbrella insurance, with a limit of not less than $2,000,000 each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to the location of services provided under this Agreement.
iii. If the policy is a “claim made” type policy, the following should be
included as endorsements:
1) The retroactive date shall be the effective date of this Agreement or a prior date.
2) The extended reporting or discovery period shall not be less than thirty-six (36) months.
insurance with a limit of not less than $1,000,000 each accident. Such insurance shall cover liability arising out of any auto (including owned, hired,
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and non-owned autos). Coverage shall be written on ISO form CA 00 01, CA 00 05, CA 00 12, CA 00 20, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage equivalent to that provided in the 1990 and later editions of CA 00 01. In the event Grantee does not own vehicles, but utilizes non-owned and hired vehicles, evidence of such coverage is acceptable with a signed statement from Grantee stating that only non-owned and hired vehicles are used in the course of the Agreement.
3. Worker's Compensation insurance as required by the laws of the State of
California. Statutory coverage may include Employers Liability coverage with limits not less than $1,000,000. Grantee certifies that it is aware of the provisions of section 3700 of the California Labor Code, which requires every employer to provide Workers' Compensation coverage, or to undertake self-insurance in accordance with the provisions of that Code. Grantee shall comply with the provisions of section 3700 of the California Labor Code before commencing performance of the work under this Agreement and thereafter as required by that code.
B. Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following conditions:
1. Insured Status (Additional Insured): Grantee shall provide insured status using
ISO endorsement CG 20 10 or its equivalent naming the City of Oakland, its Councilmembers, directors, officers, agents and employees as insureds in its CGL policy. If Grantee submits the ACORD Insurance Certificate, the insured status endorsement must be set forth on a CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS ON THE ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS REQUIREMENT.
2. Cancellation Notice: 30-day prior written notice of termination or material
change in coverage and 10-day prior written notice of cancellation for non-payment.
3. Cross-liability coverage as provided under standard ISO forms’ separation of
insureds clause.
4. Certificate holder is to be the same person and address as indicated in the “Notices” section of this Agreement.
5. Insurer shall carry insurance from an admitted company with a Best Rating of A
VII or better.
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C. Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement, the City may, at the City's option, take out and maintain at the expense of Grantee, such insurance in the name of Grantee as is required pursuant to this Agreement, and may deduct the cost of taking out and maintaining such insurance from any sums which may be found or become due to Grantee under this Agreement.
D. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein shall have the meaning given such terms by the Insurance Services Office as of the date of this Agreement.
E. Proof of Insurance
Grantee will be required to provide proof of all insurance required for the work prior to execution of the Agreement, including copies of Grantee’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute ground for termination of the Agreement
F. Subcontractors
Should Grantee subcontract or subgrant out the work required under this Agreement, it shall include all subcontractors and subgrantees as insureds under its policies or shall maintain separate certificates and endorsements for each subcontractor. As an alternative, Grantee may require all subcontractors or subgrantees to provide at their own expense evidence of all the required coverages listed in this Schedule. If this option is exercised, both the City and Grantee shall be named as additional insured under the subcontractor’s or subgrantee’s General Liability policy. All coverages for subcontractors or subgrantees shall be subject to all the requirements stated herein. The City reserves the right to perform an insurance audit during the course of the project to verify compliance with requirements.
G. Deductibles and Self-Insured Retentions
Any deductible or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductible or self-insured retentions as respects the City, its Councilmembers, directors, officers, agents, employees and volunteers; or Grantee shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
H. Waiver of Subrogation
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Grantee waives all rights against the City and its Councilmembers, officers, directors and employees for recovery of damages to the extent these damages are covered by the forms of insurance coverage required above.
I. Evaluation of Adequacy of Coverage
The City maintains the right to modify, delete, alter or change these requirements, with reasonable notice, upon not less than ninety (90) days prior written notice.
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OAKLAND WORKFORCE INVESTMENT SYSTEM
WIA GRANT AGREEMENT
EXHIBIT D
PAYMENT REQUEST FORM
(attached)
END OF GRANT AGREEMENT SAMPLE
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Appendix H: Sample Quarterly Program Report
Lead Agency:
Program Title:
Reporting Period:
In-School Youth
Out-of-School
Youth Total
Enrollment Goal 7/1/2015-6/30/2016
Carryover from PY 2014-15
Previously enrolled reported for this program year
New clients enrolled during this reporting period
Total enrolled Y-T-D
Completion of pre-emp/soft skills training
Completion of work experience
Y-T-D Exits from the Program
Y-T-D Entered Employment or Education
Y-T-D Attained Degree or Certificate
Y-T-D Literacy & Numeracy Gains (OSY)
Y-T-D Average Earnings
1) Describe accomplishment towards program goals and objectives achieved during the reporting period.
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2) Describe any program challenges or problems (particularly related to program performance) encountered during the
reporting period and how the agency plans to address them.
3) Describe any successes and highlights during the reporting period.
4) Please list any major fiscal, staffing and/or administrative changes during the reporting period.
5) Please describe any training or technical assistance needs.
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Appendix I: Stand-Alone Schedules Required Prior to Contract Award
SCHEDULE E-2
(OAKLAND WORKFORCE VERIFCATION)
An interactive version of this form can be downloaded from Contract s and Compliance website
http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023379.pdf or
request for a copy from Paula Peav at [email protected] or phone number 510-238-3190
AND
SCHEDULE Q
(INSURANCE REQUIREMENTS) An interactive version of this form can be downloaded from Contract s and Compliance website
http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023287.pdf or
request for a copy from Paula Peav at [email protected] or phone number 510-238-3190
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Schedule Q INSURANCE REQUIREMENTS
(Revised 07/08/15)
a. General Liability, Automobile, Workers’ Compensation and Professional Liability
Contractor shall procure, prior to commencement of service, and keep in force for the
term of this contract, at Contractor's own cost and expense, the following policies of
insurance or certificates or binders as necessary to represent that coverage as specified
below is in place with companies doing business in California and acceptable to the City. If
requested, Contractor shall provide the City with copies of all insurance policies. The
insurance shall at a minimum include:
i. Commercial General Liability insurance shall cover bodily injury, property
damage and personal injury liability for premises operations, independent
contractors, products-completed operations personal & advertising injury and
contractual liability. Coverage shall be at least as broad as Insurance Services
Office Commercial General Liability coverage (occurrence Form CG 00 01)
Limits of liability: Contractor shall maintain commercial general liability
(CGL) and, if necessary, commercial umbrella insurance with a limit of
not less than $2,000,000 each occurrence. If such CGL insurance contains
a general aggregate limit, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice
the required occurrence limit.
ii. Automobile Liability Insurance. Contractor shall maintain automobile liability
insurance for bodily injury and property damage liability with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising out of
any auto (including owned, hired, and non-owned autos). Coverage shall be at
least as broad as Insurance Services Office Form Number CA 0001.
iii. Worker's Compensation insurance as required by the laws of the State of
California, with statutory limits, and statutory coverage may include Employers’
Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000
policy limit bodily injury by disease, and $1,000,000 each employee bodily injury by
disease. The Contractor certifies that he/she is aware of the provisions of section
3700 of the California Labor Code, which requires every employer to provide
Workers' Compensation coverage, or to undertake self-insurance in accordance
with the provisions of that Code. The Contractor shall comply with the provisions
of section 3700 of the California Labor Code before commencing performance of
the work under this Agreement and thereafter as required by that code.
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iv. Professional Liability/ Errors and Omissions insurance, if determined to be
required by HRM/RBD, appropriate to the contractor’s profession with limits not
less than $________ each claim and $________ aggregate. If the professional
liability/errors and omissions insurance is written on a claims made form:
a. The retroactive date must be shown and must be before the date of the
contract or the beginning of work.
b. Insurance must be maintained and evidence of insurance must be provided for
at least three (3) years after completion of the contract work.
c. If coverage is cancelled or non-renewed and not replaced with another claims
made policy form with a retroactive date prior to the contract effective date,
the contractor must purchase extended period coverage for a minimum of
three (3) years after completion of work.
v. Contractor’s Pollution Liability Insurance: If the Contractor is engaged in:
environmental remediation, emergency response, hazmat cleanup or pickup, liquid
waste remediation, tank and pump cleaning, repair or installation, fire or water
restoration or fuel storage dispensing, then for small jobs (projects less than
$500,000), the Contractor must maintain Contractor’s Pollution Liability Insurance
of at least $500,000 for each occurrence and in the aggregate. If the Contractor is
engaged in environmental sampling or underground testing, then Contractor must
also maintain Errors and Omissions (Professional Liability) of $500,000 per
occurrence and in the aggregate.
b. Terms Conditions and Endorsements
The aforementioned insurance shall be endorsed and have all the following conditions:
i. Insured Status (Additional Insured): Contractor shall provide insured status naming
the City of Oakland, its Councilmembers, directors, officers, agents, employees and
volunteers as insured’s under the Commercial General Liability policy. General
Liability coverage can be provided in the form of an endorsement to the
Contractor’s insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG
20 10 and CG 20 37 forms, if later revisions used). If Contractor submits the ACORD
Insurance Certificate, the insured status endorsement must be set forth on an ISO
form CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED STATUS
ON THE ACORD INSURANCE CERTIFICATE FORM IS INSUFFICIENT AND WILL BE
REJECTED AS PROOF OF MEETING THIS REQUIREMENT; and
ii. Coverage afforded on behalf of the City, Councilmembers, directors,
officers, agents, employees and volunteers shall be primary insurance.
Any other insurance available to the City Councilmembers, directors,
officers, agents, employees and volunteers under any other policies shall
be excess insurance (over the insurance required by this Agreement); and
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iii. Cancellation Notice: Each insurance policy required by this clause shall provide
that coverage shall not be canceled, except with notice to the Entity; and
iv. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the City for all work performed by the contractor, its employees, agents
and subcontractors; and
v. Certificate holder is to be the same person and address as indicated in the
“Notices” section of this Agreement; and
vi. Insurer shall carry insurance from admitted companies with an A.M. Best Rating of
A VII, or better.
c. Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement, the City
may, at the City's option, take out and maintain at the expense of Contractor, such
insurance in the name of Contractor as is required pursuant to this Agreement, and may
deduct the cost of taking out and maintaining such insurance from any sums which may be
found or become due to Contractor under this Agreement.
d. Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein
shall have the meaning given such terms by the Insurance Services Office as of the date
of this Agreement.
e. Proof of Insurance
Contractor will be required to provide proof of all insurance required for the work prior
to execution of the contract, including copies of Contractor’s insurance policies if and
when requested. Failure to provide the insurance proof requested or failure to do so in
a timely manner shall constitute ground for rescission of the contract award.
f. Subcontractors
Should the Contractor subcontract out the work required under this agreement, they
shall include all subcontractors as insured’s under its policies or shall maintain separate
certificates and endorsements for each subcontractor. As an alternative, the Contractor
may require all subcontractors to provide at their own expense evidence of all the
required coverages listed in this Schedule. If this option is exercised, both the City of
Oakland and the Contractor shall be named as additional insured under the
subcontractor’s General Liability policy. All coverages for subcontractors shall be
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subject to all the requirements stated herein. The City reserves the right to perform an
insurance audit during the course of the project to verify compliance with requirements.
g. Deductibles and Self-Insured Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductible or self-
insured retentions as respects the City, its Councilmembers, directors, officers, agents,
employees and volunteers; or the Contractor shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
h. Waiver of Subrogation
Contractor waives all rights against the City of Oakland and its Councilmembers, officers,
directors, employees and volunteers for recovery of damages to the extent these
damages are covered by the forms of insurance coverage required above.
i. Evaluation of Adequacy of Coverage
The City of Oakland maintains the right to modify, delete, alter or change these
requirements, with reasonable notice, upon not less than ninety (90) days prior written
notice.
j. Higher Limits of Insurance
If the contractor maintains higher limits than the minimums shown above, The City shall be
entitled to coverage for the higher limits maintained by the contractor.
END OF SCHEDULE Q – INSURANCE REQUIREMENT
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Appendix J: City Schedules and Policies
PLEASE READ CAREFULLY: It is the prospective primary proposer’s/bidder’s/grantee’s
responsibility to review all listed City Schedules, Ordinances and Resolutions.
If you have questions regarding any of the schedules, Ordinances or Resolutions, please contact
the assigned Contract Compliance Officer listed on the Request for Proposals (RFP), Notice
Inviting Bids (NIB), Request for Qualifications (RFP) and Grant announcements.
By submitting a response to this RFP/Q, NIB, or Grant opportunities, to the City Of Oakland
the prospective primary participant’s authorized representative hereby certifies that your
firm or not-for profit entity has reviewed all listed City Schedules, Ordinances and Resolutions
and has responded appropriately.
Note: additional details are available on our website as follows: