RFQ for Homelessness Services 2026-2028.pdf

OFFICE OF THE CITY ADMINISTRATOR

Elizabeth Lake, Interim City Administrator

REQUEST FOR QUALIFICATIONS (RFQ)

For

Homelessness Services for 2026-2028

Due Date: TUESDAY, OCTOBER 13, 2026 – 2:00 p.m., Pacific Time (PT) Voluntary Pre-Submittal Meeting: THURSDAY, SEPTEMBER 17, 2026 at 11:00 a.m., PT – via Teams at: https://shorturl.at/wh1ng Meeting ID: 261 503 098 129 764 Passcode: Gp7aS6uv Dial in by Phone: +1 925-326-7518, 407885829# Phone conference ID: 407 885 829# https://shorturl.at/wh1ng

RFQ FOR HOMELESSNESS SERVICES FOR 2026-2028

REV 05-2024

Finance Department | Contract Administration

Table of Contents

I. INTRODUCTION 1

II. SCOPE OF SERVICES 4

III. THE PROPOSAL 9

A. GENERAL INFORMATION 9

B. SUBMITTAL REQUIREMENTS 20

C. REQUIRED PROPOSAL ELEMENTS AND FORMAT 20

D. REJECTION OF PROPOSAL ELEMENTS 24

E. EVALUATION OF QUALIFICATIONS FOR CATEGORIES A-H 25

F. EVALUATION OF QUALIFICATIONS FOR CATEGORY I 27

G. INTERVIEWS OF SHORT-LISTED FIRMS 28

H. CONTRACT NEGOTIATIONS AND AWARD 29

IV. ATTACHMENTS 31

A. RELEVANT EXPERIENCE 31

B. SAMPLE PROFESSIONAL SERVICE AGREEMENT 33

C. STAND ALONE SCHEDULES 56

D. CITY SCHEDULES AND POLICIES 72

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

REV 02-2024

Finance Department | Contracts Administration

I. INTRODUCTION

This Request for Qualifications (RFQ) is being issued by the City of Oakland, Office of the Human Services Department, Community Homelessness Services Division, to identify qualified firms, agencies, project teams or individuals to provide homeless and housing services. This RFQ will create a list of qualified candidates who can complete implementation tasks related to Homelessness Services throughout 2026 – 2028.

The Contractor shall be required to comply with all applicable City programs and policies outlined in Attachment D, as may be amended up until the time of contract execution, and only to the extent applicable to each funding source and permitted by federal law.

Details are presented in the project documents and will be discussed at the pre-submittal meeting. Discussions will include, but may not be limited to the applicability of: ♦Equal Benefits for Registered Domestic Partners ♦Campaign Contribution ♦Post-project Contractor Evaluation ♦Prompt Payment ♦Arizona Boycott ♦ L/SLBE Participation ♦ Dispute Disclosure ♦Living Wage ♦Minimum Wage ♦ Border Wall Prohibition♦ Sanctuary City Contracting and Investment Ordinance

Pre-submittal Meeting Date and Time (Voluntary Attendance):

Thursday, September 17, 2026, at 11:00AM, PT via Teams at:

https://shorturl.at/wh1ng Meeting ID: 261 503 098 129 764 Passcode: Gp7aS6uv Dial in by Phone: +1 925-326-7518, 407885829# Phone conference ID: 407 885 829#

Deadline for Questions: Friday, September 18, 2026, by 2:00 p.m., PT via e-mail to the Contract & Procurement Specialist, ContractAdmin@oaklandca.gov, Qualifications Submittal Deadline Date and Time: Tuesday, October 13, 2026 no later than 2:00 p.m., PT.

Submit Qualifications electronically to iSupplier: Please log on to iSupplier to submit your qualifications before identified deadline. Questions regarding online submittal through iSupplier must be directed to isupplier@oaklandca.gov with RFx name in subject line.

[iSupplier User Guides | City of Oakland, CA].

Qualifications 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 Qualifications. E-mail submittals will not be accepted.

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

Finance Department | Contracts Administration

Contractors who wish to participate in the RFQ process are required to register in iSupplier to receive addenda, updates, announcements, and notifications of contracting opportunities. We recommend updating your firm’s primary e-mail 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 e-mail 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 RFQ 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 e-mail 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 staffs are available to answer questions regarding this RFQ.

1. Contract Admin: contractadmin@oaklandca.gov

REQUEST FOR QUALIFICATIONS SUMMARY

This Request for Qualifications (RFQ) is being issued by the City of Oakland to identify qualified firms, agencies, project teams or individuals to provide homeless and housing services. Awards may be made after the RFQ closes.

This Request for Qualifications (RFQ) will create a list of qualified candidates who can complete implementation tasks related to Homelessness Services throughout 2026 - 2028, as described in Section II below.

The City is seeking service providers and consultants that can assist the City in meeting its goal to significantly reduce homelessness, and in order to do so, can:

• Demonstrate experience in successfully transitioning people experiencing homelessness into permanent housing in a cost effective and efficient manner with respect and sensitivity.

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

Finance Department | Contracts Administration

• Demonstrate experience in delivering a robust array of services designed to meet the individual needs of program participants in a culturally competent manner.

• Design and implement innovative programs, practices and strategies that will advance the City’s efforts to end homelessness across communities.

Whether a submission in response to this RFQ meets the City’s qualifications requirements will be determined through a review and selection process. All responses will be scored and ranked for each service category for which qualifications are submitted.

As funding allows, the City of Oakland, Department of Human Services, Community Homelessness Division intends to enter into one or more “as needed” grant agreements or professional service agreements to provide the program services outlined below in Section II, with terms and conditions to be determined based on the specific program or project being funded.

A timely submittal to this RFQ is the first step to contracting with the City for such services. A service provider that has (1) submitted a complete response to this RFQ (2) meets the City’s threshold requirements, and (3) has attained a minimum point score for a service category will become a “Qualified Service Provider” eligible to receive subsequent contracting opportunities and/or requests to submit bids for projects or services to be funded by the City for one of the service categories listed in Section II.

below. As projects arise, awards shall be competitively procured from the qualified pool through an informal RFP process, and contracts shall be awarded to individuals or firms based on the proposal quality. The scope of services, terms, and cost may be further negotiated between the City and the contractor(s) prior to award of contract. In the case of subsequent request for proposals for professional service agreements, the Community Homelessness Division will select a Qualified Service Provider to recommend for such contract among those that have timely responded with a bid and all other information requested by the City. Contracts may ultimately require approval by the City Council.

No respondent shall have any legal or equitable right or obligation to enter into a contract or to perform work on behalf of the City as a result of being deemed qualified.

Funding

Depending on availability, funds may be provided from various federal, state, private and local sources. Funds awarded for programs and projects may be renewable annually, depending on the availability of funds, successful performance of contract obligations, and compliance with City of Oakland mandates. Annual funding may increase or decrease depending on availability of funding and program performance.

Finance Department | Contracts Administration

Statement of Need

The City of Oakland, along with many other communities in this country, is facing a humanitarian crisis of neighbors who find themselves homeless. On a single night in January 2024, more than 5,000 people were experiencing homelessness in Oakland.

Nearly four out of five of the people experiencing homelessness in Oakland are unsheltered and live outdoors or in tents or vehicles, often along the city’s streets and in our parks. Street homelessness, thought to be a thing of the past, continues to be prevalent in the City of Oakland. These numbers account for only a fraction of the people who become homeless over the course of a year.

To successfully reduce, prevent and end Oakland’s trend of escalating homelessness, City leaders and community partners must have a shared understanding of the drivers of homelessness. The main drivers of homelessness in Oakland include:

• Insufficient controls on the rental housing market that create vulnerability and housing instability for tenants.

• Insufficient housing units that are affordable to households with the lowest incomes, including particularly those whose incomes are below 20% of Area Median Income (AMI).

• Systemic barriers that often prevent residents who are returning home from incarceration from living with family members and/or accessing both public and private rental housing and employment opportunities.

• Inadequate pay and benefits for many of the jobs that are available in the community, and insufficient access to quality employment opportunities that pay wages that meet the cost of housing.

In Oakland, homelessness disproportionately impacts the African American community which, due to historic red lining and employment discrimination, are most vulnerable to losing their homes. Approximately 70 percent of individuals who are homeless in Oakland are African American, while representing less than 30 percent of the City’s population. The work must be defined by what works for historically underserved and/or under resourced communities in order to reduce homelessness in Oakland.

II. SCOPE OF SERVICES

The City is seeking agencies that are qualified to assist in this work, as defined by the service categories listed below. Respondents may submit qualifications in response to each service category listed below or may select specific services to respond to.

Successful respondents are not required to submit qualifications for all services described below.

Finance Department | Contracts Administration

Threshold Experience Requirements for Service Categories A. – H.:

• Five years’ experience providing homelessness services described in RFQ submission.

• At least three projects or programs similar to those described in RFQ submission.

• At least two years’ experience with Coordinated Entry.

• Clearly articulated strategy for addressing homelessness in historically underserved or under-resourced communities.

• Provide case management and housing navigation services to people who have been experiencing homelessness.

Preferences for Service Categories A – H:

• Demonstrated experience working in Alameda County.

• Evidence of assisting people experiencing homelessness to transition to permanent housing solutions.

• Demonstrated utilization of innovative programs, practices and strategies.

Threshold Experience Requirements for Service Category I.:

Acquisition & Rehab-specific qualifications and requirements: The City of Oakland Housing and Community Development Department (City) seeks qualified firm(s) or individual(s) (Consultant) with a minimum of three (3) years of experience in construction monitoring and/ or related fields, such as multifamily architecture, general contracting, or similar disciplines. At least one (1) of these years must include work performed within the following counties: San Francisco, San Mateo, Santa Clara, Contra Costa or Alameda. The City is seeking a consultant with demonstrated experience providing services to government agencies, with the capacity to deliver comprehensive construction risk management services.

A. Emergency Shelter and Interim Housing Interventions

Intervention Types Program Details Priorities

• Emergency Shelter

• Interim Shelter

• Community Cabins

• Safe Parking Sites

• Management of low-barrier programs that provide temporary shelter and stabilization services.

• Storage space is required to accompany this service.

• Supplemental onsite services (pet services, meals, navigation, health supports) that meet the needs of the target population are required.

• Programs that move people into permanent housing efficiently and effectively.

• Programs targeting the needs of those residing in RVs or cars.

• Temporary shelter that is safe, decent, and sustainable over the long term.

B. Transitional and Rapid Rehousing

Finance Department | Contracts Administration

• Transitional Housing / Rapid Rehousing (Families and Single Adults)

• Transitional Housing / Rapid Rehousing (TAY)

• Oakland PATH Rehousing Initiative

(OPRI)

• Medium-term housing interventions that bridge individuals and families into permanent housing.

• Includes rental subsidies, case management, and housing stability supports.

• Provision of robust services that are tailored to the needs of residents/clients.

• Programs that can demonstrate success in moving participants into permanent housing solutions as expeditiously as possible.

C. Permanent Supportive Housing (PSH) Operations and Services

• Supportive Services

• Property Operations

• Permanent housing accompanied by strong property management and delivery of appropriate supportive services.

• Ongoing tenancy support to help residents remain stably housed.

• May entail provision of supportive services within an existing, or soon to be developed, PSH property.

• Services that focus on training and employment, benefits advocacy,

• Housing and services targeting people exiting the criminal justice system.

D. Supplemental and Clinical Services

• Legal Services

• Health Services

• Translation/Interpretation

• Clinical Services (Mental

Health)

• Behavioral Health, Substance Use)

• Specialized supports that improve stability and housing outcomes.

• Services that address legal, physical, and behavioral health barriers to housing stability.

• Integrated, trauma-informed, and culturally responsive clinical and supportive services that improve housing readiness, housing retention and overall well-being.

E. Outreach and Engagement

• Outreach Services

• Clinical Outreach (Mental

Health, Behavioral Health, Substance Use, Treatment Linkage)

• Street and community-based engagement connecting

• Low-barrier, relationship-based outreach that prioritizes engagement with highly vulnerable unsheltered populations.

Finance Department | Contracts Administration unsheltered people to housing and services.

• Includes assessments, referrals, and document readiness support.

• Coordination with the Coordinated Entry System (CES) to ensure timely access to housing and services.

F. Health, Hygiene, and Basic Needs

• Hygiene Interventions

(Showers, Restrooms, Laundry)

• Storage Programs

• Meal or Basic Needs

Services

• Programs that meet immediate needs, improve health and safety, and serve as an entry point into housing.

• Services that are accessible, low-barrier, and strategically located to reach unsheltered populations.

• Programs that intentionally link participants to housing navigation, outreach, or longer-term supportive services.

G. Innovation

• Mitigating and resolving vehicular homelessness

• Outreach

• Supportive services designed to address issues that are specific to households residing in a car or RV.

• Program model that can ensure safety and security for those residing in vehicles, coupled with housing navigation services.

• Prevention

• Rapid diversion

• Flexible assistance in the form of direct services, financial support, legal aid, etc. to prevent displacement.

• Housing and services for households that don’t qualify for PSH (per CES).

• Services to focus on (but not be limited

to) training and employment,

• Keeping residents housed before they are displaced and connecting to ongoing support that sustains housing.

• Rapid diversion strategies to limit the tenure of homelessness.

• Program models that can demonstrate a track record of success.

Finance Department | Contracts Administration benefits advocacy, and issues impacting the formerly incarcerated.

• Leveraging CalAIM resources • Utilization of CalAIM to cover the cost of providing supportive services to residents in housing.

• Program models that can demonstrate a track of success.

• Ability to blend CalAIM resources with other sources of funding.

H. Technical Assistance/Program Consultation

• Training / Technical

Assistance for Providers or City Staff

• Data & HMIS Capacity Building

• Design of Innovative or Pilot Programs

• Other (please describe)

• Programs that strengthen provider or city staff capacity, improve system quality, or test new approaches.

• Capacity-building efforts that improve program effectiveness, data quality, compliance, and outcomes.

• Technical assistance that supports system alignment, scalability, and continuous quality improvement.

I. Management Services to Oversee the Acquisition & Rehab of Appropriate Buildings to Serve Homeless Individuals

Acquisition & Rehab-specific qualifications and requirements: The City of Oakland Housing and Community Development Department (City) seeks qualified firm(s) or individual(s) (Consultant) with a minimum of three (3) years of experience in construction monitoring and/ or related fields, such as multifamily architecture, general contracting, or similar disciplines. At least one (1) of these years must include work performed within the following counties: San Francisco, San Mateo, Santa Clara, Contra Costa or Alameda. The City is seeking a consultant with demonstrated experience providing services to government agencies, with the capacity to deliver comprehensive construction risk management services.

Intervention Types Program Details Priorities

• Management services to oversee acquisition and rehabilitation of appropriate buildings to serve homeless individuals

• Management services to oversee new construction for homeless services programming

• Management services to oversee site improvements of existing structures that serve the homeless community

• Provision of property management and/or project management services related to the acquisition, rehabilitation, or construction of facilities that provide housing or services for people experiencing homelessness

• Ability to facilitate the timely creation of new housing through effective oversight of acquisition/rehab or new construction activities

• Demonstrated track record of managing capital projects and improving existing facilities in a manner that extends long-term viability

Finance Department | Contracts Administration

• Oversight and coordination of subcontractors responsible for construction, rehabilitation, or physical improvements

• Management of capital improvement projects for buildings where housing and/or services to formerly homeless people are being provided

• Experience overseeing subcontractors and ensuring compliance with requirements of public funding sources used for capital projects

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 professional services contracts at or over $50,000, unless adjusted by an Availability Analysis or waived by City Council action. Grants are not subject to these requirements.

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.

https://www.oaklandca.gov/departments/workplace-employment-standards

Finance Department | Contracts Administration

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

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

Finance Department | Contracts Administration 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

Finance Department | Contracts Administration 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 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.

mailto:DWES@Oaklandca.gov

Finance Department | Contracts Administration

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

Finance Department | Contracts Administration

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, Finance Department | Contracts Administration 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

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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

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This Agreement is subject to the attached Sample Professional Service Agreement. This RFQ may also result in Grant Agreements, which will not use this form and will not require compliance with the L/SLBE Program.

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.

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

Finance Department | Contracts Administration 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.

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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 user guide 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,…