RFP for Library Patron Experience Navigator Services.pdf

OFFICE OF THE CITY ADMINISTRATOR

Elizabeth Lake, Interim City Administrator

REQUEST FOR PROPOSAL (RFP)

For

LIBRARY PATRON EXPERIENCE

NAVIGATOR SERVICES

Due Date: FRIDAY, SEPTEMBER 18, 2026 – 2:00 p.m., Pacific Time (PT) Voluntary Pre-Proposal Meeting: THURSDAY, SEPTEMBER 10, 2026 at 2:00 p.m., PT – via Teams at https://shorturl.at/FgLiY Meeting ID: 212 891 840 757 088 Passcode: LG3mH685 Dial in by Phone: +1 925-326-7518 Phone conference ID: 987 716 529# https://shorturl.at/FgLiY

Table of Contents

I. INTRODUCTION 1

II. SCOPE OF SERVICES 2

III. THE PROPOSAL 8

A. GENERAL INFORMATION 8

B. SUBMITTAL REQUIREMENTS 19

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT 20

D. REJECTION OF PROPOSAL ELEMENTS 22

E. EVALUATION OF PROPOSALS – SUBJECT TO CHANGE 23

F. INTERVIEWS OF SHORT-LISTED FIRMS 23

G. CONTRACT NEGOTIATIONS AND AWARD 24

IV. ATTACHMENTS 26

A. SAMPLE PROFESSIONAL SERVICE AGREEMENT 26

B. STAND ALONE SCHEDULES 49

C. CITY SCHEDULES AND POLICIES 65

The Combined Contract Schedules will be collected from the successful Proposer before a final decision is made and up to full contract execution. It may be viewed at: https://www.oaklandca.gov/files/assets/city/v/1/public-works/documents/ccd/combined-contract-schedules-rev-0623.pdf or you may request a copy by email from isupplier@oaklandca.gov.

https://www.oaklandca.gov/files/assets/city/v/1/public-works/documents/ccd/combined-contract-schedules-rev-0623.pdf https://www.oaklandca.gov/files/assets/city/v/1/public-works/documents/ccd/combined-contract-schedules-rev-0623.pdf mailto:isupplier@oaklandca.gov

REQUEST FOR PROPOSAL (RFP) – LIBRARY PATRON EXPERIENCE NAVIGATOR SERVICES

REV 05-2026

Finance Department | Contracts Administration

I. INTRODUCTION

This Request for Proposal (RFP) is being issued by the City of Oakland, Oakland Public Library (OPL). OPL seeks qualified organizations or firms to provide Library Patron Experience Navigators to work in tandem with library staff and contracted security officers. Navigators will act as supportive guides for individuals in our spaces, engaging staff or security when needed for enforcement.

The anticipated contract term is two (2) years with two (2) optional one (1)-year extensions.

The Contractor shall be required to comply with all applicable City programs and policies outlined in Attachment C. Details are presented in the project documents and will be discussed at the pre-proposal meeting. Discussions will include, but may not be limited to: ♦Equal Benefits for Registered Domestic Partners ♦Campaign Contribution ♦Post-project Contractor Evaluation ♦Prompt Payment ♦Arizona Boycott ♦ 0% L/SLBE ♦ Dispute Disclosure ♦Living Wage ♦Minimum Wage ♦ Border Wall Prohibition♦ Sanctuary City Contracting and Investment Ordinance

Pre-proposal Meeting Date and Time (Proposer Voluntary Attendance):

Thursday, September 10, 2026 at 2:00 p.m., PT – via Teams at:

https://shorturl.at/FgLiY

Meeting ID: 212 891 840 757 088 Passcode: LG3mH685 Dial in by Phone: +1 925-326-7518 Phone conference ID: 987 716 529#

Deadline for Questions: Thursday, September 10, 2026, by 5:00 p.m., PT via email to the Contract & Procurement Specialist, ContractAdmin@oaklandca.gov

Proposal Submittal Deadline Date and Time: Friday, September 18, 2026 no later than 2:00 p.m., PT.

Submit Proposals electronically to iSupplier: Please log on to iSupplier to submit your proposal before identified deadline. Questions regarding online submittal through iSupplier must be directed to isupplier@oaklandca.gov with “Library Patron Experience Navigator Services” in the subject line. [iSupplier User Guides | City of Oakland, CA].

Proposals Must Be Received in iSupplier portal by Finance, Contract Administration no later than the deadline identified. iSupplier will not allow late submittals and therefore please allow time to log in, create a response, and upload your Proposal. Email submittals will not be accepted.

https://shorturl.at/FgLiY mailto:ContractAdmin@oaklandca.gov mailto:isupplier@oaklandca.gov https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides

Contractors who wish to participate in the RFP process are required to register in iSupplier to receive addenda, updates, announcements, and notifications of contracting opportunities. We recommend updating your firm’s primary email address regularly and periodically confirming that the “Products and Services” section fully represents the scope of products and services provided. If you have any questions, please email isupplier@oaklandca.gov.

For further information and detailed iSupplier registration instructions, please visit the following link https://www.oaklandca.gov/Business/Doing-Business-with-the- City/Doing-Business-With-The-City-Register-with-iSupplier

Free copies of the RFP documents and Addenda are available in iSupplier. Hard copies will NOT be available for purchase from the City.

1. iSupplier Registration/Login:

https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing- Business-With-The-City-Register-with-iSupplier New registrants can email isupplier@oaklandca.gov for registration instructions. Allow 3 working days for approval to access bid documents through iSupplier

2. iSupplier user guides: https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User- Guides

Contact Information: The following City staff are available to answer questions regarding this RFP.

1. Contract Admin: contractadmin@oaklandca.gov

Oakland Public Library has served the community since 1878. The library system includes 16 neighborhood branches, the Main Library and the African American Museum and Library at Oakland. Oakland Public Library empowers all people to explore, connect and grow.

Oakland Public Library offers a wide range of resources, programs and services for residents of Oakland and throughout California. The library is supported by an active Friends of the Oakland Public Library organization, the Library Commission, and local Friends groups that advocate for and strengthen library services in neighborhoods across the city.

II. SCOPE OF SERVICES

mailto:isupplier@oaklandnet.com https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier mailto:isupplier@oaklandnet.com https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides https://www.oaklandca.gov/Business/Doing-Business-with-the-City/Doing-Business-With-The-City-Register-with-iSupplier/iSupplier-User-Guides

The Oakland Public Library (OPL) strives to provide a welcoming space where community members can comfortably access a wide array of services. Library users are expected to conduct themselves in a manner that supports and maintains this environment for the benefit of everyone.

Many OPL locations are experiencing an increase in reported incidents with adults who are experiencing impacts of homelessness, incarceration, substance abuse, or mental health concerns (the “affected community” targeted with this service). OPL staff believe that many of these incidents emerge from situations that could be supported or de-escalated at an earlier stage by someone who is trained, compassionate, knowledgeable about Oakland, and with lived peer experience.

OPL seeks Patron Experience Navigators to work in tandem with library staff and contracted security officers. Navigators will act as supportive guides for individuals in our spaces, engaging staff or security when needed for enforcement.

Desired outcomes:

• Decrease suspensions for infractions of Library Guidelines for Behavior

• Increase positive engagements with adults

A. Description of Services

Proposer shall provide the following services during the term of this award:

1. Program Management: Perform all required program, cost, and project management needs for a successful program, including but not limited to budgetary forecasting, cost and resource analysis, expense reporting, staff schedule projections, and contingency planning for all programmatic requirements.

2. Program Implementation:

a. Hire, train and deploy navigators, with priority from affected communities with similar lived experiences. OPL reserves the right to screen prospective navigators at any point to ensure appropriate fit with general role and specific assignments. Successful program implementation includes the navigator services and duties listed in B.

Patron Experience Navigator Services and Duties.

b. Provide thorough and comprehensive on-boarding and staff training tailored to meet the needs of the affected community, including but not limited to de-escalation, overdose reversal, bloodborne pathogens, customer service, OPL services and protocols, and coordination with City and County services.

c. Address performance and/or personnel issues as necessary, ensuring that standards meet expectations set forth by OPL. Support requests for additional training for navigators as needed to address areas of concern, improve skills and adhere to all procedures.

d. Provide navigators with equipment required to perform their duties and provide required reports.

3. Collaborate with OPL: Participate in regular collaboration meetings with OPL via daily and/or weekly meetings at which operational and deployment plans shall be discussed and agreed upon.

4. Reporting: Deployed Navigators will keep and submit daily incident and service logs to their supervisors at the conclusion of each shift, which shall be available to OPL upon request. Proposer will provide monthly reports to OPL within fifteen (15) calendar days of the conclusion of each month. Reports shall include but not be limited to deployment data including number of staff and total staff hours, outcome data for each of the above-listed navigator services, summaries of issues and/or challenges and how they were resolved, and notable events or engagements. Data shall be compiled for that corresponding month, plus cumulative totals since contract commencement. OPL reserves the right to add additional data points for collection at any time during this Agreement. All monthly reports must include data for Proposer plus any additional subcontractors associated with the Agreement.

5. Ramp-Down Planning: As requested by OPL and with thirty (30) days’ notice, provide a strategic transition plan providing recommendations for OPL’s transition away from, or a reduction in the number of Proposer's navigator services.

B. Patron Experience Navigator Services and Duties

1. Positive Engagements: Navigators shall:

a) Consistently engage with community members, provide friendly greetings and model respectful, nonjudgmental interactions that support a welcoming and safe space for all.

b) Conduct foot patrols in designated areas of the library facility, restrooms and grounds to monitor safety, deter drug use, and support vulnerable individuals. Navigators may also provide stationary monitoring inside multi-stall restrooms.

c) Assist the affected community in navigating basic library resources such as restrooms and charging outlets.

2. Basic Interventions: Navigators shall:

a) Make a good faith effort to redirect negative behavior in the library and grounds including but not limited to littering, eating in non-designated areas, bathing in restrooms, drug use, bringing in oversized belongings, and general disturbances.

b) Engage individuals presenting hygiene issues or strong odors to connect them with services outside the library and invite them to return.

c) Proactively check in with patrons who may show signs of distress, disorientation, unmet basic needs, or escalating frustration, responding early to developing conflicts using empathy, calm tone, and redirection to prevent escalation.

d) Alert staff and security (and local authorities if needed) for activities that may endanger the staff and public.

3. De-Escalation Interventions: Navigators shall:

a) Intervene to help contain escalating disruptions, so long as it does not endanger Navigators.

b) Support library staff and security officers during incidents by managing crowd flow and helping maintain a calm environment.

4. Establish a Safe and Clean Environment: Navigators shall:

a) Clean-up and dispose of debris and trash as needed to help with and model community maintenance of a welcoming space.

b) Contact library staff to request custodial assistance for more significant sanitation needs.

5. Communications and Library Staff Support: Navigators shall:

a) Use two-way radios to ensure rapid communication and safety response. (Proposer will supply radios).

b) Assist staff during emergencies following established protocols.

c) Support staff on request with daily programs, events, presentations or other activities that increase positive engagement.

d) Participate in daily or shift-based check-ins with library staff and security.

e) Following incidents, provide verbal or written accounts to lead library staff promptly in order to ensure OPL incident reporting and follow up, in addition to submit a report to supervisor.

f) Maintain confidentiality.

C. Minimum Qualifications

• Three years’ experience providing services similar to those described in the

RFP.

• At least one current project/program offering support or services to people experiencing homelessness, recovery from substance use, and/or involvement with the justice system

• Clearly articulated strategy for hiring people with relevant lived experience for this project.

D. Preferred Qualification

The City prefers that the contractor ensure that at least of 70% of staff employed under this contract possess relevant lived experience, including but not limited to homelessness, recovery from substance use, involvement with the justice system, or comparable circumstances. Compliance shall be documented through staff self-disclosure or employer verification and reported to the City on a quarterly basis.

E. Patron Experience Navigator Requirements

1. Demonstrate ability and willingness to engage proactively with diverse patron groups including the affected community (adults who are experiencing impacts of homelessness, incarceration, substance abuse, or mental health concerns) to ensure positive outcomes.

2. Knowledge of how homelessness can impact patron behavior, and ability to employ a trauma-informed approach.

3. Demonstrate knowledge of applicable resources in Oakland, and barriers and challenges facing the affected community.

4. Demonstrate ability to communicate clearly and effectively in both written and oral English.

5. Possess a degree of physical fitness necessary to safely and capably patrol and engage. Tasks may include but are not limited to walking and standing for extended periods, climbing multiple flights of stairs, moving quickly when needed and physically intervening when appropriate to respond to escalating disruptions.

6. Possess strong de-escalation skills and the emotional intelligence required to remain calm and confident when engaging with disruptive, non-compliant and/or hostile individuals.

7. Ability to engage in a warm, genuinely empathic manner while maintaining strong personal and professional boundaries.

8. Demonstrate ability and willingness to engage with diverse populations (including children, teens, youth, City officials, visitors and residents) in a courteous and helpful manner.

9. Demonstrate ability to use and learn necessary technology such as two-way radios, apps and online communication platforms, etc.

10. Drive their own vehicle between sites for branch-roving assignments.

F. Service Hours and Schedules

Service hours and schedule are subject to change based on OPL’s need. Services are not needed on City of Oakland holidays.

OPL may request additional hours outside of these standard schedules in order for navigators to participate in OPL meetings.

Schedules will be approved to OPL in writing.

Main Library Two (2) navigators per service hour for the Main Library (7 days a week). This may include roving and stationary assignments in restrooms, and ideal staffing includes one male- and one female navigator.

Service Hours for the Main Library:

Saturday : 9:30am-5:30pm Sunday : 9:30am-5:30pm Monday : 9:30am-8:00pm

Tuesday : 9:30am-8:00pm Wednesday : 9:30am-8:00pm Thursday : 9:30am-8:00pm Friday : 12 noon-5:30pm

One (1) navigator per service hour for a roving-branch assignment based primarily at the Martin Luther King Jr. Branch Library

Service Hours for Branch Libraries:

Saturday : 9:30am-5:30pm Sunday : 9:30am-5:30pm (81st Avenue and Fruitvale Branches only) Monday : 9:30am-8:00pm Tuesday : 9:30am-8:00pm Wednesday : 9:30am-5:30pm Thursday : 9:30am-5:30pm Friday : 12 noon-5:30pm

G. Data and Reporting

Proposer will provide data on practitioner and patron interactions through interaction logs. These interactions will focus on de-escalating incidents, assisting patrons accessing the library, and interactions with staff (security and librarians) to provide statistics on effectiveness of the pilot. They will include summaries of issues and/or challenges and how they were resolved

Reporting Requirements Proposer will submit reports by the 15th of the following month. Monthly reports shall include, but not be limited to, the following:

1. Summary of monthly performance by Proposer and, as relevant, summary of monthly performance by all active subcontracts for service under this grant, including all the below listed metrics and related invoice reporting metrics.

2. Navigator staff totals for:

a. Hours logged, including itemization for hours spent deployed in the community and hours spent performing administrative work and reports.

b. Locations served.

c. Monthly full-time equivalent staff and part-time staff assigned to work under the grant.

3. Total output/outcome numbers for the following navigator activities:

a. Number and nature of basic interventions, including outcomes.

b. Number and nature of de-escalation interventions, including outcomes.

c. Any unusual or significant incident in the Service Area occurring during any navigator shift.

d. Specific outcome metrics based on navigator deployment and associated outputs as determined by City.

4. Additional details:

a. Any issues/challenges relating to scope of services, operational or budget changes, performance, and quality control, and how the issues/challenges are being addressed.

b. Training accomplishments, including progress of required and/or voluntary training for Proposer’s staff.

c. Communications matters and press interactions, including but not limited to, events, inquiries, interviews, articles written and/or published by Proposer and/or media directly or indirectly naming Proposer and its work under the scope of this agreement.

5. Contractor will provide ad hoc reports as required by the City.

6. Close-Out Report: Contractor shall provide a Close-Out Report to the City within twenty-one (21) calendar days after the end of contract term. The Close- Out Report is a comprehensive and cumulative snapshot of program impact through the final day of service. The report shall include accomplishments and challenges encountered by the Proposer. The report shall include cumulative outputs of all Proposer's services provided over the course of this Agreement as well as performance metrics, status of all active subcontracts for service under the grant, and recommendations for continuing the program beyond contract term should funding become available.

III. THE PROPOSAL

A. GENERAL INFORMATION

1. The successful proposer selected for this service shall obtain or provide proof of having a current City of Oakland Business tax Certificate.

2. The City Council reserves the right to reject any and all bids.

3. Local and Small Local Business Enterprise Program (L/SLBE)

In general, there is a 50% local business participation requirement on all construction contracts at or over $100,000; all professional services contracts at or over $50,000; and all purchases of commodities, goods and associated services at or over $50,000. This participation must be met with a minimum participation of 25% for Local Business Enterprises (LBE)/Local Not for Profit Business Enterprise (L/NFPBE) and 25% for Small Local Business Enterprises (SLBE)/Small Local Not for Profit Business Enterprise (S/LNFPBE). SLBE and SLNFPBE may meet the full 50% requirement. Where Very Small Local Business Enterprises (VSLBE) participation is evident, the level of participation will be double-counted towards meeting the requirement. The participation requirements may be adjusted if there are not at least three L/SLBEs in a major category of work.

The participation requirement for this scope of work has been adjusted to 0%.

The City’s current L/SLBE Program guidelines may be accessed at the City of Oakland website: https://www.oaklandca.gov/departments/workplace-employment-standards

4. The City’s Living Wage Ordinance

The selected proposer will be required to agree to comply fully with and be bound by the Living Wage Ordinance as set forth by the Oakland Municipal Code (OMC), Chapter 2.28. Generally, the ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers contracted to provide services amounting to or exceeding $25,000, shall provide nothing less than a prescribed minimum level of compensation (a living wage), as well as the provision of at least twelve

(12) days off per year for sick leave.

If applicable, the selected proposer must agree to comply with the requirements and agree that it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of a Declaration of Compliance with the Living Wage Ordinance (Schedule N).

Oakland employers are also subject to the City of Oakland Minimum Wage law (Oakland Municipal Code section 5.92) and must pay employee wages and provide benefits consistent with the Minimum Wage law, Oakland Living Wage Ordinance, whichever are greater.

5. Minimum Wage Ordinance

Oakland employers are subject to Oakland’s Minimum Wage Law, whereby Oakland employees must be paid the current Minimum Wage rate. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site.

The law requires paid sick leave for employees and payment of service charges collected for their services. This contract is also subject to Oakland’s Living Wage Ordinance (see Section 4, above), and must pay employees wages and provide benefits consistent with the Living Wage Ordinance, whichever are greater.

For further information, please go to the following website:

https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges

6. Equal Benefits Ordinance https://www.oaklandca.gov/departments/workplace-employment-standards https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges https://www.oaklandca.gov/topics/minimum-wage-paid-leave-service-charges

The selected Proposer will be subject to the Equal Benefits Ordinance (OMC Chapter 2.32) and its implementing regulations if it receives $25,000 or more for public works or improvements to be performed or for goods or services to be purchased or grants to be provided at the expense of the city or to be paid out of moneys deposited in the treasury or out of trust moneys under the control of or collected by the city, unless specific exemptions apply or a waiver is granted. The Equal Benefits Ordinance prohibits the City from contracting with entities that discriminate in the provision of employee benefits between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees.

The Ordinance shall only apply to those portions of selected Proposer’s operations that occur (1) within the City of Oakland; (2) on real property outside the City of Oakland if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; and (3) elsewhere in the United States where work related to a City contract is being performed. The requirements shall not apply to subcontracts or subgrantees of the selected Proposer.

If applicable, the selected Bidder/Contractor must agree to comply with the requirements of OMC Chapter 2.32, and agree it has a duty to promptly provide the City with any documents and information requested verifying its compliance, including the completion and submission of Schedule N-1.

7. Prompt Payment Ordinance OMC Section 2.06.070

This Ordinance requires that the selected Bidder/Contractor and its subcontractors pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices, unless specific exemptions apply, or unless the contractor or its subcontractors notify the City’s Prompt Payment Liaison in writing within five (5) business days that there is a bona fide dispute between the contractor or its subcontractor and claimant. In this case the contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount.

Disputed payments are subject to investigation by the Liaison upon the filing of a complaint. The contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If the contractor or its subcontractor fails or refuses to deposit security, the Liaison will withhold an amount sufficient to cover the claim from the next contractor progress payment. Upon a determination that an undisputed invoice or payment is late, the Liaison will release security deposits or withholds directly to claimants for valid claims.

The contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. The contractor and its subcontractors shall be required to pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, the contractor and its subcontractors are required to file notice with the City of the release of retention and payment of mobilization fees within five (5) business days of such payment or release; and, the contractor and its subcontractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each.

The contractor and its subcontractors shall include the same or similar provisions as those set forth above in any contract with a subcontractor that delivers goods and/or services in connection with a City of Oakland contract. Invoice and claim inquiries should be directed to DWES@Oaklandca.gov.

8. Non-Discrimination/Equal Employment Practices

Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this Agreement, Contractor agrees as follows:

a. Contractor and Contractor’s sub-contractors, if any, shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

b. Contractor and Contractor’s Sub-contractors shall state in all solicitations or advertisements for employees placed by or on behalf of Contractor that all qualified applicants will receive consideration for employment without mailto:DWES@Oaklandca.gov regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

c. Contractor shall make its goods, services, and facilities accessible to people with disabilities and shall verify compliance with the Americans with Disabilities Act by executing Declaration of Compliance with the Americans with Disabilities Act, attached hereto and incorporated herein.

d. If applicable, Contractor will send to each labor union or representative of workers with whom Contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of Contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. Contractor shall submit information concerning the ownership and workforce composition of Contractor’s firm as well as its sub-Contractors and suppliers, by completing the Ownership, Ethnicity and Gender Questionnaire.

f. The Project Contractor Team attached and incorporated herein and made a part of this Agreement, Exit Report and Affidavit, attached and incorporated herein and made a part of this Agreement.

g. All affirmative action efforts of Contractors are subject to tracking by the

City. This information or data shall be used for statistical purposes only.

All Contractors are required to provide data regarding the make-up of their sub-Contractors and agents who will perform City contracts, including the race and gender of each employee and/or Contractor and his or her job title or function and the methodology used by Contractor to hire and/or contract with the individual or entity in question.

h. The City will immediately report evidence or instances of apparent discrimination in City or Agency contracts to the appropriate State and Federal agencies, and will take action against Contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including termination or debarment.

i. In the recruitment of sub-Contractors, the City of Oakland requires all

Contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland’s business community. The City Administrator will track the City’s MBE/WBE utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or disability.

j. In the use of such recruitment, hiring and retention of employees or sub-

Contractors, the City of Oakland requires all Contractors to undertake nondiscriminatory and equal outreach efforts which include outreach to minorities and women as well as other segments of Oakland’s business community.

9. Arizona and Arizona-Based Businesses

Contractor agrees that in accordance with Resolution No. 82727 C.M.S., neither it nor any of its subsidiaries, affiliates or agents that will provide services under this agreement is currently headquartered in the State of Arizona, and shall not establish an Arizona business headquarters for the duration of this agreement with the City of Oakland or until Arizona rescinds SB 1070.

Contractor acknowledges its duty to notify Department of Purchasing, if it’s Business Entity or any of its subsidiaries affiliates or agents subsequently relocates its headquarters to the State of Arizona. Such relocation shall be a basis for termination of this agreement.

10. Sanctuary City Contracting and Investment Ordinance

Ordinance N.O. 13540 CMS was adopted by the Oakland City Council on June 4th, 2019 and prohibits the City from contracting with any person or entity that provides the United States Immigration and Customs Enforcement (ICE) services or goods for data collection or with the United States Customs and Border Protection (CBP) Customs and Border Protection (CBP), or the Department of Health and Human Services Office of Refugee Resettlement (HHS/ORR) to support immigration detention facilities. These contractors are not to be used unless the City Council makes a specific determination that no reasonable alternative exists. The ordinance also prohibits the City from investing in any of these companies and requires the City to include notice of these prohibitions in any Requests for Proposals (RFPs), Requests for Qualifications (RFQs), and any construction or other contracting bids. The ordinance also requires that the City provide an annual report to the Privacy Advisory Commission on its enforcement.

11. Border Wall Ordinance

This contract is subject to the Border Wall Ordinance of Oakland Municipal Code (Ordinance 13459 C.M.S, passed November 28, 2017) and effective immediately upon adoption. The purpose of the ordinance is to mandate and direct the City Administrator- in instances where there is no significant additional cost, to be defined in regulations, or conflict with law- to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S.-Mexico border wall;

The City of Oakland shall be prohibited from entering into any contractual agreement for the purchase of services, goods, equipment, cyber network or cloud computing, internet, or cloud-based computer technology or services with any "BORDER WALL ENTITY" individual, firm, or financial institution who provides any services, goods, equipment or information technology or cloud based technology or services, to the construction a wall along any part of the United States

- Mexico border.

All vendors seeking to do business with the City of Oakland must complete and sign “Schedule W” as a statement of compliance with Ordinance 13459 C.M.S,

12. Pending Dispute Disclosure Policy:

Contractors are required to disclose pending disputes with the City of Oakland when they are involved in submitting bids, proposals or applications for a City contract or transaction involving professional services. This includes contract amendments. Contractor agrees to disclose and has disclosed, any and all pending disputes to the City prior to the execution of this agreement. The City will provide a form for such disclosure upon Contractor’s request. Failure to disclose pending disputes prior to execution of this amendment shall be a basis for termination of this agreement.

13. City of Oakland Campaign Contribution Limits

This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code and its implementing regulations if it requires Council approval. The City of Oakland Campaign Reform Act prohibits Contractors that are doing business or seeking to do business with the City of Oakland from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. If this Agreement requires Council approval, Contractor must sign and date an Acknowledgment of Campaign Contribution Limits Form.

14. Nuclear Free Zone Disclosure

Contractor represents, pursuant to the combined form Nuclear Free Zone Disclosure Form that Contractor is in compliance with the City of Oakland’s restrictions on doing business with service providers considered nuclear weapons makers. Prior to execution of this agreement, Contractor shall complete the combined form, attached hereto.

15. SCOPE, OWNERSHIP AND USE OF CITY DATA

a. Scope of City Data

City data [“Data”] shall consist of any and all data disclosed or provided by the City to Contractor, or collected, developed or generated by Contractor, whether pursuant or incidental to the purposes of the Agreement

b. Ownership

All Data, shall be the exclusive property of and all ownership rights therein shall vest in the City. To the extent necessary, Contractor hereby assigns to the City any and all rights which arise out of, are developed in connection with, or are the results of the services Contractor provides under the Agreement. This provision shall not apply to Data defined as Exceptions under Section 123 (c) [“Proprietary or Confidential Information”].

c. Use of City Data

Contractor avers and covenants to not use City Data for any purpose whatsoever other than to fulfill its obligations to City under the Agreement. Contractor shall fully indemnify City for any claims against City resulting from Contractor’s use of City Data in violation of this provision.

16. SECURITY OF CITY DATA

a. City Data is highly sensitive, confidential and is of paramount importance to the City because unauthorized disclosures of the Data could seriously harm City and possibly third parties. Contractor acknowledges that City, in entering into this Agreement with

Contractor, is relying upon Contractor’s professional expertise, know-how, judgment, experience and its representations in its System Security Plan [Exhibit 2] that the integrity of the security, availability and processing of its System protects and preserves the confidentiality and privacy of the Data. Further, Contractor represents that, at all times, its System will maintain and ensure that the Data remains secure and does not through any of Contractor’s actions or lack of thereof become vulnerable to unauthorized access by third parties. Contractor further warrants that its System has been accredited under currently recognized industry recognized standards.

b. Notwithstanding as may be otherwise provided in this Agreement and with the exception of those instances for which City is responsible, Contractor avers and covenants to be solely responsible for restoring and correcting any corruption to City Data that occur by reason of Contractor’s actions or lack thereof, including ransomware attacks upon Contractor, and to fully indemnify City for any claims against City resulting from corruption of City Data and other injuries ensuing from, but not limited to, the herein forestated events.

17. INDEPENDENT CONTRACTOR

Rights and Responsibilities. City shall have no authority over or responsibility for employees and subcontractors of Contractor. It is expressly agreed that, in the performance of the services necessary to carry out this Agreement, Contractor shall be, and is, an independent contractor, and is not an employee of the City. Contractor has complete and sole discretion for the manner in which the Work and Services under this Agreement is performed. Contractor will determine the method, details and means of performing the Services described in the SOW.

Contractor acknowledges and agrees that (i) Contractor’s employees and subcontractors are under Contractor’s sole supervision, direction and full control. of Contractor; and, (ii) that Contractor controls the employment, direction, compensation and discharge of all persons assisting Contractor in the performance of Contractor’s services hereunder. Contractor shall be solely responsible for all matters relating to the payment of his/her employees, including compliance with social security, withholding and all other regulations governing such matters, and shall be solely responsible for Contractor's own acts and those of Contractor’s subordinates and employees.

Contractor is responsible for paying, when due, all income taxes, including estimated taxes, incurred as a result of the compensation paid by the City to Contractor for services under this Agreement. On request, Contractor will provide the City with proof of timely payment. Contractor agrees to indemnify the City for any claims, costs, losses, fees, penalties, interest or damages suffered by the City resulting from Contractor’s failure to comply with this provision.

Non-Exclusive Relationship Contractor may perform services for, and contract with, as many additional clients, persons or companies as Contractor, in his or her sole discretion, sees fit.

Cooperation of the City The City agrees to comply with all reasonable requests of Contractor necessary to the performance of Contractor’s duties under this Agreement.

Extra Work Contractor will do no extra work under this Agreement without first receiving prior written authorization from the City.

18. Sample Professional Service Agreement

This Agreement is subject to the attached Sample Professional Service Agreement.

19. Insurance Requirements

The Contractor will be required to provide proof of all insurance required for the work prior to execution of the contract, including copies of the Contractor’s insurance policies if and when requested. Failure to provide the insurance proof requested or failure to do so in a timely manner shall constitute grounds for rescission of the contract award.

The Contractor shall name the City of Oakland, its Council members, directors, officers, agents, employees and volunteers as additional insured in its Comprehensive Commercial General Liability and Automobile Liability policies. If Contractor submits the ACORD Insurance Certificate, the additional insured endorsement must be set forth on a CG20 10 11 85 form and/or CA 20 48 - Designated Insured Form (for business auto insurance).

Please Note: A statement of additional insured endorsement on the ACORD insurance certificate is insufficient and will be rejected as proof of the additional insured requirement.

Unless a written waiver is obtained from the City’s Risk Manager, Contractors must provide the insurance as found at https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules (Schedule Q). A copy of the requirements is attached and incorporated herein by reference. Liability insurance shall be provided in accordance with the requirements specified.

https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules https://www.oaklandca.gov/documents/contracts-and-compliance-forms-and-schedules

When providing the insurance, include the Project Name and Project Number on the ACORD form in the section marked Description of Operations/Locations.

When providing the insurance, the “Certificate Holder” should be listed as:

City of Oakland, Finance Department, 150 Frank H. Ogawa Plaza, Suite 6213, Oakland, CA 94612.

20. City Contractor Performance Evaluation

At the end of the project, the Project Manager will evaluate the Contractor’s Performance in accordance with the City Contractor Performance Evaluation program.

21. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:

The City or Agency may, in their sole discretion, consider violations of any programs and policies described or referenced in this Request for Proposal, a material breach and may take enforcement action provided under the law, programs or policies, and/or terminate the contract, debar contractors from further contracts with City and Agency and/or take any other action or invoke any other remedy available under law or equity.

22. Contractor’s Qualifications

Contractor represents that Contractor has the qualifications and skills necessary to perform the services under this Agreement in a competent and professional manner without the advice or direction of 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 the execution of this agreement, Contractor shall complete the Independent Contractor Questionnaire, Part A, attached hereto.

23. All responses to the RFQ become the property of the City.

24. The RFQ does not commit the City to award a contract or to pay any cost incurred in the preparation of the proposal.

25. The City reserves the sole right to evaluate each proposal and to accept or reject any or all proposals received as a result of the RFQ process.

26. The City reserves the unqualified right to modify, suspend, or terminate at its sole discretion any and all aspects of the RFQ and/or RFQ process, to obtain further information from any and all Contractor teams and to waive any defects as to form or content of the RFQ or any responses by any contractor teams

27. The City may require a service provider to participate in negotiations and submit technical information or other revisions to the service provider’s qualifications as may result from negotiations.

28. All documents and information submitted to the City of Oakland in response to an RFP are public records pursuant to California Government Code, Sections 6254, et seq. and City of Oakland Sunshine Ordinance, Oakland Municipal Code Chapter 2.20. The City shall disclose such documents and information upon request by any member of the public, absent a mandatory duty to withhold or a discretionary exemption that the City may choose to exercise. The City shall not in any way be liable or responsible for any disclosures of documents or information made pursuant to a request under the Public Records Act or the City of Oakland Sunshine Ordinance.

29. The Fair Political Practices Act and/or California Government Code Section

1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any sub-contractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and RFQs, feasibility studies, master plans or preliminary discussions or negotiations.

B. SUBMITTAL REQUIREMENTS

Submit Proposals electronically to iSupplier: Please log on to iSupplier to submit your proposal before the 2:00 P.M. deadline. Questions regarding online submittal through iSupplier must be directed to isupplier@oaklandca.gov with the heading of “RFP Assistance” or refer to the iSupplier userguide at https://www.youtube.com/watch?v=DMLb2hFLd0Y

All proposals must include the project name, submittal date, and time the proposals are due on the documents.

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT

1. Transmittal Letter

a. For the transmittal letter, only. Addressed to Elizabeth Lake, Interim City Administrator, Office of the City Administrator, City Hall, 1 Frank Ogawa Plaza, 3rd Floor, Oakland, California, 94612. (Please do not submit proposals to this address or forward proposals to this address.)

b. Signed by an officer of the consultant. In case of a joint venture or other joint-prime relationship, an officer of each venture partner shall sign.

2. Project Team

a. In response to this RFP, the prime contractor shall be a qualified consulting firm. For LBEs/SLBEs, submit a copy of the current business license and date established in Oakland.

b. Sub-Consultants (if used): list addresses, telephone numbers, and areas of expertise of each. Briefly describe the project responsibility of each team member. Identify which contractors are MBE, WBE, Local Business Enterprises (LBE), and Small Local Business Enterprise (SLBE). Additionally, for LBEs/SLBEs, submit a copy of the current business license and date established in Oakland.

3. Project Personnel

a. Prime(s): Provide a detailed resume of the proposed principal-in-charge, lead person and the project manager(s). The Project Manager(s) shall be a full-time employee of the prime(s). Clearly identify experience.

b. Sub- Consultants: Provide a detailed resume of the proposed project manager, who shall be a full-time employee of each sub-https://www.youtube.com/watch?v=DMLb2hFLd0Y contractor for this project. Clearly identify relevant experience.

He/she shall be a professional currently licensed in the State of California.

4. Relevant Experience

a. Describe experiences…