Exhibit p Local and Small Business Program

8/8/2019 Exhibit p Local and Small Business Program

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P. Local and Small BusinessEnterprise Program


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EXHIBIT P

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TABLE OF CONTENTS

Part I. Local and Small Local Business Enterprise Program (LISLBE) ...... .............. 3 In.teD:ded Im.pacts ofth.e USLBE Program. ............................................................ ........... 3Defin:i:tiom ..................................... 3Program R e ~ e m ~ ..................................................................................................................... 6P r o ~ mceJJiives' ............ ; ...: . ......... ......................... ! ' . ~ ............ . " . , 7MaiJiWnin.g ParticiPation: .... ...... ................................ .......: ... .. : ~ . ' ~ ......:~ . ~ ........ ... .....: . ..: .. ..... .8.. SubstitUtion'ofListed Subcontractors ............. .......... . ' . ' ~ ' ~ ~ ' ~ ' . ~ ~ ' . ' " ' . ~ ' ' ' ' ' ' ' ' ' ~ ~ . ~ ' ' ' .... : .. : , ~ . : ........... 8 mergenCY COntxacts: .... .....:............... . . ~ . ~ ~ ...... . ~ : ~ ! ~ ~ ~ ~ ....... 9C6mpIiance:'Moilitotirig meLPenalties ......................... :.... ............. ............. .. .... .; ...... 9Prevailing Wages ................................ ................... ......... ~ . ~ ............... ................. ..: . ~ ~ ~ ....... 10Winning Compliance .................................................. ~ : ~ . _ ~ . ~ ................... ............ . ...... .'" 10Part IT. Certification ............................................. , ... o . . . . . . . . . . . . . . . . . . . . . ; ~ ~ : . ~ : '15. . .'. ,. . : ',:.' '. . : . . . . .'Certifi.ca..tion .Cnteiia .............. ... ...., ......................... ....................... ............ .................. 15. . .... . . . . : . ' . . ..C ~ c a t i o n ~ g t b i l i t y Standards ............................... ............... ...................... 0. . . . . . . . . . 16Size Standards for siDaII ~ $ s e s ......_ ............ .............. ........... .............., .......... 17LBElSLBB Certification Process .......................... ..... .................................... .............. 1701'HER CONSIDBRAllONS ................. ................. .................. ................. ................. ~ . ' " 18.. . ' .... '. .RE .CER.mICA.TlON . ..............................................................................................................19................................... ; ................................................................... : ................ ..: .......... 19Partm: Local. EmpIQy:tl1en.tProgram.............................................................. .. ... .....: ...... 20Program Objective ............................... ;................... ................................ 20D ...c-! . .G..LWl.tiODS.............................................................................. ~ . ; ~ ~ ~ . ~ ~ . ~ 1 1 1 . ~ ... ... 20Program Goals ................................................................ :;,. .... . .. ;..: . 21'. Gen.eral Fr-OWioDS ........ ,...w : . ~ ~ : . ~ . ; 22

'. .' i. .: ' . I ': WlDnlng CompIian.ce ..................................................... ................................, .......: .. .. ..... 22In.cen.tives and Pena1ties .......................................... ~ ~ ; . ~ ............... .. ... ~ . : . ~ ........... ~ : . . . . ~ .... , ; ~ ............. . 24Outrea.ch ................................. .. . ...: ................ .. .... ~ ~ . ; . . 24 DAft f t "" : -g . '. ........ 2S....~ ! " " . L UI.I. .................................................................... " . . . . . . . . &. . . . '. .. .MoDi:tOrmg . ... ........ .... .. 26Oth.er Conditions ..................................................... .................. ..... ... ... ..................... .. .. 26Program. ~ e n . d m e J 1 ' t S .................................................................... ..... . ...: ....... 26i : ! : i i ; : : : : : : : : : : : : ~ : : : : : . : : : : ~ : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : ::;::::::::::::::::::::::::::::::::::::::::::::::::::;:

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Part I. Local and Small Local Business Enterprise Program (L/SLBE}In order to provide economic opportunity for its residents and businesses, and stimulate economicdevelopment, the City of Oakland has developed and implemented various policies that directly impacthow'public funds are spent These policies are aimed at using the power of the public 'purse tostimulate economic development through the support and empowennent of the local community,especially those aspects of it that have been placed at a disadvantage in the past. The City hasdemonstrated leadersbip through various cutting edge policies and is in the vanguard nationally intenns of harnessing local resources to achieve local benefits. The major programs that were created toserve these respective groups are the Local and Small Local Business Enterprise (L/SLBE) Programand the Local Employment Program (LEP). Supporting and/or complementing these programs arepolicies regarding living wage, local construction employment referral program, prevailing wage,disadvantaged business enterprises, certifications, apprenticeship, and equal benefits for domesticpartners.The USLBE program supports policies that established a twenty percent (20%) participationreqUirement and aminimum bid discount of wo percent (2%) for meeting that requirement. Inaddition to bid discounts, the program provides for additional points in negotiated professional servicescontracts and increased points and discounts as the level of local and smalllocaI business participationincreases. Specifics of the new policies are detailed under "Program Guidelines".Intended Impacts of the L/SLBE Program.The intended hnpacts include: Increasing the number ofOakland certified businesses participating in City contracting andin developmentprojects; .

Increase the circulation ofcity dollars within the Oakland community and thus stimulate asaongerecononUcbase;and Promote the development of Oakland certified businesses through joint ventures, andmentor/protege relationships.

The new policies provide economic opportunity to local residents and businesses by supporting localeconomic development while paying competitive prices for goods and services. At the same time, theprogram does not obs1IUct efforts attract outside investments that are critical to the City's economicgrowth.Definitions

Availability .. The number of certified USLBE finns, by trade, ready and willing to compete for.work with the City of Oakland.2) Business S u p p J i e r s l P r e f a ~ r i c a t o r s .. .An i n d ~ v i d u a l or business entity makes available acertain commodity for meeting demand or for purchase at a givenprice.3) City- Reference to the City or City Council includes the Redevelopment Agency, and reference tothe City l'4anager includes the Agency Administrator.4) City Financial Assistance Recipient (CFAR) .. A business or i n ~ v i d u a l that receives a citysubsidy for a public works project.

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5) . Commerciany useful nnietioD -.The. business is directly respcmsible ~ o r p r o v i ~ the materials,eqUipment, supplies or .services to the City as require4 by t h ~ ~ o l i c i t a t i o r i Of request for quotes, bidsor proposals. LBEs and S ~ E ~ . tha:t engage mhe' business' of providing brokerage, refeIral ortemporary"eI)lployment services shall.not be deemed to perfopn a t1coImnercially useful tUnction"'unless the brokerage, r e f ~ or t ~ m p o r a r y employnient services are those required and soUght bythe City. . . '. , .C O D t r a c t o r / C o n s u l t a n t I V m i ~ o r - 'The i n d i v i d ~ , pattnership, c O x P o i a t i o ~ joint ventl.Jre or otherlegal entitY entering into.a qpntractual. agreement With the City .. . , ..

7) Dealer - A fum ~ t . OWDS, .: o p e r a t e ~ ~ or maintains a ~ r e ; ~ ~ o u s e . o ~ e r establishment inwhich .the materials or supplies r e q u i r ~ f o ~ the perfo.;ma.nce.of the contract ate bought, kept instock, and regularly sold to the public in the UsUal course ofbusiness. To be 'a regular dealer, thefirm must engage in, ,as its principal business, and in its own name, the purchase and sale of theproduct in question. A r e ~ ,dealer in. such bulk items as . s t e e ~ cement, gravel,. stone andpetroleum products need not keep such products in stock, if. it owris or o p ~ t e s distnoutionequipment. Brokers and pa.clcagers shall 'not b ~ ' - ~ ~ d . e 4 as m a n ~ s or regular dealers. .8) Developer - A person,' entity, or: b u s ~ ~ that prepares or deveiops real property fot newdevelopment or redevelOpment and receives a city subsidy.9) Emergency Work - A public works contract awarded because of Unminent danger (e.g. fires,floods, earthquakes) 'or immediate threat to health safety and welfare of Oakland residents andmeeting the City's requircmen1s for waiving nomw bidding procedures10) Fixed ~ m c ~ ' - A fixed'office is dedicated office space; oWned or leased.:hY the l ~ c a 1 business,. inan established, non-portable building where regular work pertinent to ,the contract is, cOnductedFor sma111oca1 businea. ,certifications, fixed.office shai1 be the primaty buSiness location of hebusiness. A reSidenCe may qualify as a fixed office provided that alI-the following' conditions' are_ (a) the business conducted in the residence complies with "o8kiand Zoning 'Regulationsrelating tp Home OccUPationS; .and (b) "the residence is.the' pxinWy b.usiness location of thebusiness', and contributes not'less ~ " 5 1% of the gross receipts ,of business .A fixed distributionpoint is 'a non-portable warehoUSe or an 'outside shiPPing yard owned or .leased by the loCalbusiness, where shipping, receiving and ft1e owner and employees regularly and exclusivelyconduct ~ t r i b u t i o n ofgoods and commodities on behalf of the business.1 1 ) I n f o r m ~ c O D B t r u C t i O ~ c o ~ t r a e t s - For purposes of establishing a threshold for determining thet application of the USLBE Program -OIily, informal consttuction contracts valued under$100,000. For informally bid construction contracts, 75% of the work must be awarded to local

finns.12) InforDud .professional senices contracts - For purposes of establishi:ng a threshold fordetermining the application of the USLBE Program only, informal professional 'servlCe contractsvalued under $50,000. For informal professional services contracts, 75% of the work must beawarded to local :firms. ' . .

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13) Local Business Enterprise (LBE) -.An Oakland business (a) with a substantial presence in thecity of Oakland's geographic boundaries (b) fully operational for 12 consecutive months and(c) avalid business tax certificate.14) Local Certified Trucker - A locally owned and operated business engaged in transporting goodson 1:Dlcks to or from a specified location and holds a valid certification as a 'trucking contractor.15) Manufacturer - A firm that operates or maintains a factory or establishment that produces on thepremises the materials or supplies purchased.

, .16)Non-profit/Not for Profit Corporation - A nonprofit corporation is a cOtporation formed forpurposes other than generating a profit and in which no part of the organization's income isdistributed to its directors or officers. Nonprofit corporations are formed pursuant to state law,often under the Revised Model Non-Profit Corporation Act (1986). A nonprofit corporation can bea church or church association, school, charity, medical provider, legal aid society, volunteerservices organization, professional association, research institute, museum, or in some cases asports association. Nonprofit corporations must apply for tax-exempt status at both the federal andstate leveL

17) Public works contract - Any construction, alteration, demolition, or reparr work done undercontract and paid f o ~ in whole or in part with public funds, or by a developer who receives any typeofgovernmental subsidy.18)Size Standard -One metor used to determine a small business. For the City of Oakland, a smallbusiness is one with "three-year average gross receipts at or below thirty percent (30%) of theUnited States Small Business Administration's size standard19) Small Local Business Enterprise (SLBE) -A business with (a) a substantial presence in the city

of Oflldand's geographic boundaries' (b) a full operation conducting business for 12 consecutivemonths and (c) a valid business tax certificate, and (d) is an independent business headquartered inOakland '20) SubeontractorlSu})..consuitant .. The individual, partnership, corporation or other legal entity thatcon1racts perform part of or all of the o ~ l i g a t i o n s of another's contract.21) Subsidiary/Affiliate - Part ofa larger company with national offices located in other cities outsideOakland, and controlled by a home office or headquarters outside Oakland.22)'Subsidy .. A grant, loan, credit, tax rebate, or any other way that provides a measure ofvalue to thedeveloper from theCity. ' .23) Substantial Presence - A fixed and established place where work is carried on of a clerical,administrative, p r o f e s s i o ~ or production nature directly pertinent to the business being certified.A temporary location or movable property or one that was established to oversee a project such asa construction project office does not qualify. Businesses with offices both within and outside ofthe City that seek certification as a local business must demonstrate the existence of a bona fide,local office in accordance with the following criteria:

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,..a) .Independent.Office Site:.!he local office can and does function an i:ndependent office site.. T h ~ local Q f f i Q ~ : i s . n o t merely a sham operation 'set up by a:non-local busmess for the purpose

of gaining USLBE certifieation; .b) Fixtures and Equipment: The local office contains all fixtures and/or equipment, including but ..not limite4.to,. ~ . ~ r o p r i ~ , computer{s) s ~ f t w a r e , copy ~ e ( s ) , fumiture, vehicle(s),tools, .appliances and/or ~ b l n e r y ~ e c e s S a r y to operate the busmess for which the certificationis sought; ' . . . . . . . .c) Space: The local office .contains all ~ a c ~ necessmy to operate the business for whichcertification is sought, including bu t not limited to, as apprOpriate, office space, warehousespace, parking, yard area and/or shop area;

d) DedicatedPersonnel: The IQca). office must be themain office for assigned personnel whoconduct a full'range of he ~ e a . s . ' ~ t i e s out:of he lQcal office iIlcluding but not Jimitedto, as appropriate, p i o f e s ~ i o r i a l t clerical andlor administrative staffassigned and dedicated to. t h ~ .local office as n e c i e s s ~ to operate the b t 1 S ~ e s s for w h i c h . c e r t i f i c a t i ~ 'is sought; ...e) . Daily Function: ' ~ e ' l o c a l office f u n c t i ~ ~ . a daily b ~ i s , or.a teguhir.'ouis as' otherwiseappropIiate,:providing.aI1 semces to Operate b u s i n ~ s for which c ~ c a t i o n is sought.24) Tier':- T h ~ l ~ e f of the : ' ~ t i t 1 ~ between the 'prime contractor and subcontractors, or betweensubcontractors. .2S) W ~ v e r .. An intentional : a c t i ~ by City Council, ~ i n g a contractor or a depart:me:nt from (1)adhering to and/or complyingwiti:t Citypolicy. ' .Program RequirementsThere a 20% ~ u m p a r t i c i P a t i o ~ ~ q U . i ! ~ ~ ! o r . a l l construction contractS over $100,000 andallprofessional services contracts O V ~ $50,000. All construction. ~ t s below S100,'000 and all"professional services contIacts below $50,000 'must inclUde outreacli to certified local firms such that am;nimllW of hree local firms are included in the solicitation.. , . . .,The 20%19cal b u s i n ~ ~ s partlcipation requiIement must be met With a minimuin participation of 10%;for Local Business EnteIprises (LBE)/Local Not For Profit 'Business Enterprise (LNFPBE) and 10%for Small Local B u s ~ e s s Enterprises (SLBE)/Small LoCal Not For Profit Business Enterprise(SLNFPBE). SLBE and S ~ B ~ y . t h ~ . full' 20% requirement. In the case of constructionprojects where trucking is warranted, 20%.of the' tota11ruckmg dollars mUst be allotted' to certified .(Oakland) Local Truckers '. . . . . . . ' .B ~ e d on t h ~ "Rule of !kee", mt at1_ hree . C ? ~ e d b u s ~ s e s liSted in the industry,trade or profession J:hat constitutes a majQr category of work. I f at least three USLBEs ate notcertified, then requirenient.is.ei$er waived, or the 20% requirement may be set from 19 % to 0%.The awarding authority shall request ari'av8.ilability analysis i f there is reason to believe that theavailability of certified finDs will not satisfy the 20% requirement And the request mUst be made intime for completion prior to issuing an invitation (or bids, request for proposals or any othersolicnation. . . . " . . . .... .Contractors are required to. submit a completC'd Subcontractor Listing (Schedule R) as attached. TheSubcontractor L i ~ g prqvides. the buyer with a formal list of subcontractors, the trade or service areato be provided, bid amounts and certification status on for an profit and not-for profit businesses thatwill be used on the project . .

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Schedule R will be used to calculate the l ~ v e l of certified local business participation. Unless . arequirement is waived due to limited availability, the determination of responsive and responsible willinclude meeting the 20% minimum requirement. Each prime or lead con1ractor is urged to obtain, fromeach certified subcontractor, a copy of either the certification letter or certificate issued by the, City ofOakland, Office of the City Manager, Contract Compliance & Employment Services Division.. Thecertification letter and certificate include the certificationnumber and date. of expiration.Certifications must be current and valid prior to the submittal due date in order for the localparticipation to count toward meeting the 20% businesses participation requirement. Certification,status is confirmed during the compliance evaluation process.,Program IncentivesBid discounts are applied at a rate of one percent (1%) or one (1) preference point for every 10% ofcontract dollars attributable to certified firms. No more than five percent (5%) in bid discounts or five(5) preference points may be eamed.The three examples below demonstrate (#1) the 20% minimum requirement at a rate of 10% LBE and10% SLBE; (#2) additional bid discounts and preference point values when participation is above andbeyond the m i n i m ~ 20% requirement; and (#3) the maximum a 1 l o w a b ~ e bid discount and preferencepoints. The maximum allowable incentives are not designed to limit participation. To addressparticipation above and beyond the 50% maximum, for profit and not for profit entities may bank theparticipation (up to 2%) for future use.Example1: 200/0 M i n i m ~ Requirement

USLBEParticiDationReQuired 10% EamReQuired 10% EamTotal *200/0 Total

BidDiscounts1%1%2%

Preference Points112

*20% SLBB participationalso satisfies the 20%requirement

Participation over and above the 20% requirement eams additional bid discounts and points up to amaximum of a 5% bid discount and 5 preference points as long as the participation increases in equalincrements between LBB and SLBE or additional participation achieved with SLBBs.Example 2: Addit ional bid discounts and preference p o i n t s p ; . ; . ~ _____

USLBE Participation BidDiscounts PreferencePoints"':. ,'.:. : ~ " ' : ' . \ t LBE SLBE ollSLBE :' .: ' . ~ . I . : ~ " ; ~ I . \ I : t ~ , t : ~ ; ~ i l : t : ~ : f ~ : : : : ~ j ; ) ; : : " ~ , , : ~ { \

. ~ d d i t i o n a 1 5% 5% . ~ ~ . , 10% Earn 1% 1Additional 5% 5% ~ ; , 10% Bam 1% 1~ d i t i o n a 1 5% 5% t 10% Bam 1% 1

:..... :' *.' ." ":-': . : . \ ' : . '. ::;" : '::"::; ... :: . ';'.' ; . ~ : , , : " ~ . Total 15% is%' ~ ! { 30% trotal 3% 3

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'5% 5Bid Discomt Prerereate Polats

Dollars and hours attributable to subcontracting with Oakland for profit and ~ o t ..for profit bUsinessesand the of Oakland residents beyond 50% of the' cOntract amount or beyond the 50%e m p l o y t n ~ and new hire work,hours ~ Q l d , may, be and applied ~ ~ p . r : o j e ~ within a 12month period following Completion of heproject on which the extra was' eamed. ,Maintaining Participation ,Incentives are earned based on the level of participation proposed prior to the award of a pontract.Once a project begins, it is iD;lportant to achieve and maintain, the participation fOJ; which incentives 'were earned. Prime Contractors and consulta.I$ must maintain, the L l S L B E ' , p e r C ~ t a g e s hidicated at 'the time of a contract award and throughout the term of he contract. ' , " , " . ' . : ' , 'Should the prime contractor fail to IDalntam the USLBE p a r t i ~ a t i o n listed 8:t time the contract isawarded, the City may 'impose a:penalty. equal' to the . a m o ~ t s h ~ W d have been' awarded toUSLBE, 8l1dIormay stop the work. ' .I f the City modifies the original scope of work, the contIactor must make reasOnable efforts tomaintain the IJSLBE participation for which incentives were eamed. I fChange c;n-ders affect only onediscipline, staffmay use their discretion to allow adjustments to USLBE percentages for the changeorder portion of hework. Upon'request, City staffwill help fhms to determine. methods ofmaintainingp e r c e i l t a g e s ~ , . . ,Should the prime cOntractor fail to maintain t h ~ USLBE participation listed at the time the contract isthe City may impose a penalty equal to the amount that should h a ~ e ''been: awarded toUSLBB, and/ormay stop the work upon approval by the fullCitY Council or a designee approved byat least thrie Cmmcil Members of which. one include the C o u n ~ i l Member .representing :district in which the.work is being p e r f o r m e ~ , ,.'. Substitution of,Llsted SubcontractorsPrime consultants or contractors who have e n ~ i n t ~ a contract ~ g r e e m e n t With ~ e , City cannotsubstitute a listed subcontractor or sub-consultant without prior approvalof he City.The City will grant substitUtion 'of'a listed Subcontractor9l consultant on $e folloVring cimditionS: .1 Awritten statement from 'the liSted sub const4tant agreeing to the substitution,z. When the listed sub consultant has been giVen a, reasommle ' o p p ~ r t u n i t y to execute a contract, yet

fails to7 or refuses to exeCute l.,wnlteIi c ~ t r a c t when such written c ~ n t r a c t is based upon the City'sconditions and scope ofwolk, , .3. When a listed sub consultant becomes insolvent, ,4. When the listed sub c o n s u l ~ t fails or refuses to satisfy contractual agreements, .S. When the listed sub consultant fails to meet contract insurance requirements, or '6. When the City or the duly authorized officer detemrlnes'that the work performed' bY the listedSub consultant is substantially unsatisfactory. or not in accordance with the contract,agreement orthat the sub consultant is substantially delaying or disrupting the progress of he work

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Prior to the approval of the prime consultant's request for substitution, the City.shall give notice, inwriting, to the listed sub consultant, of he prime consultant's request for substitution and/or the reasonfor such request Such notice shall be served by certified or registered mail to the last lmown addressof the sub consultant. The sub consultant who has been so notified shall have five (5) working days inwhich to submit to the City written objections to the substitution. Failure to file such written objectionshall constitute the sub consultants consent to the substitution.Ifwritten objectipns are filed, the City shall give written notice of a hearing date to the prime and subconsultant within five (5) worlcing days. At the hearing, the'prime and sub consultant will present theircases and the Hearing Officer will make a determination.Emergency ContractsLgcal businesses will be given first priority in the performance of emergency work as defined inOrdinance 7937 CMS, which fonnulates and establishes procedures for bidding, contracting, andpurchasing goods services.The City established a goal wherein 75% ofemergency contract dollars must be spent with local firms.Of that amount, at least two thirds must be spent with smalliocal businesses. User agencies arerequired to solicit from certified local firms for all informally bid emergency work whenever feasible.Compliance Monitoring and PenaltiesTo ensure compHance with the program., the contractor or consultant shall provide records upon. request (within ten calendar days) md permit the City to review all pertinent records and documents ofthe contractor and subcontractors. The contractor or consultant shall provide a copy of allsubcontractor agreements, purchase orders and/or other verification of the total amount to be paid toeach subcontractor, s u p p l i e ~ , etc., prior to commencement ofwork. A penalty of one percent (1%) ofthe contract amount or one thousand dollars ($1,000) per day (whichever is less) may be applied i frecords or documents are not provided within the specified time. The City shall deem such refusal amaterial breach of contract, in which case the City may tenninate the contract and/or stop the workuntil compliance is met. In addition, the con1ractor or subcontractors may be debmed fromparticipating in future City contracts for a period of six months to five years, and may losecertification. 'The subcontractor's progress payment report must be submitted with each progress payment in orderfor the progress payment to be processed. Also, prime c9ntractors andlor prime oonsultants willprovide the City and Redevelopment Agency with executed copies of its subcontractor/sub consultantagreements to verify dollar amounts stated for all U SLBEs. Contractors must also providei:bformation with each progress payment indicating payments made to. LlSLBEs in order to receivesubsequent progress payments. An Exit Report and Affidavit form should be attached to the finalp r o g r e s ~ p a y m e n ~ application. ..or construction contracts pursuant to Public Contracts Code Section 4107, et seq., no substitution ofthe listed USLBE subcontractors can be made without the approval of the City. Contractors arerequired to contact the Contract Compliance Office to request a substitution hearing.

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Prevailing Wages. . ..State p ' r e ~ ~ g ~ a g e ~ t ~ apply to . ~ l plJ,blic ~ o ~ contracts as set'forth in LaborCode 'Sections ... '1720, 1720.2, 1720.3, 1720.4, and 1771. Workers employed on conStruction,'altetation or.demolitionp r o j ~ jn Califom1a:that use public are pai4 the pIevailing ~ g e J , w h i c h is the basio hourly ratethemajority ofworkers in particular or C _ ~ C ~ O i l eam. Theprevailing:wage also isbased on .the locality and ne8rest labormarket 1'lie Califomia D e p a r t m ~ t of nduStrial Relations, (Divisions ofLabor Statistics andResearch) annUally determines pfevailing wages and may be reached at,www.dir.ca.govIDLSRlPWD.. .'

~ . . I,

The C ~ n 1 r a . c t o r shall ensure that an 'workers perlOmung c o ~ ~ ~ t i o n work for the' project ~ p l o y e d by the Contractor and shall include in its contracts with its contri1ctors, requirements that itsContractors' employees and their subcontractors' employees shall be compensated in an amount no lessthaD. the .general prevailing. wage rate of per diem wages pursuant to the Califorilia.. Labor. CodeS e c t i ~ n s 1770, et ~ e q . The Con:tractor shall comply with, and shall include in its conttacts with its contractors; r e ~ e n t s that its c o n ~ and 1;heir s u b c ~ t r a c t o r s shall 'ensure that its contractors and subcontractors complywith ali reporting ~ d ' record keePing ~ t s of the applicable preva.ilirig wage statutes and.r e ~ o n S , . The Con1Iactor is aware of and sh8I1 comply' with the provisions of the City of Oaklandand Redevelopment.Agency's preV8ilirig wage 'Iequirements containedin Resolution No. 874 CMSpassed on January 20,'1987 or Resolution 57103 CMS, passed March 28, 1978. Copies are on filewith:the'Division ofContract' C ~ l i a n c e and ,Employment Services.

, 'The pievaiI#lg wage reqWrement will ~ e , momtored and enforced by the City of Oa.1daD.d andRedevelOpment A g e n ~ . In addition my otItcr rights provid.ed by California law to recoverc o m p , ~ ~ a' w o r k ~ tha;t ltas 'been'pfrld-' less tb8.n the Prevailing wage tates shall have a right to, ~ c e an ac:tion o r ' p ~ c e e d i n g againSt the employer of tha worker for the differeD:ce between the. prevailing wage rates., and the amount pad to sUch worker fot each calendar day or portion.therepf forwhich the worker paid less' than the COIl1PeI1Sation required'to be' paid under the provisioD$ of 1$ ,a g r e ~ Winidng CompHiulceLocal.SubcontraCting Outreach , , 'To fun ~ s c ; : l o s u r e of contracting subcontracting opportunitieS available through the' City ofOakland, each aw8.iding City agenC?y, department and 'cijvision mtiSt post city funded contracting. .o ~ ~ t i e s , o ~ the C i t y ' ~ , ~ e b s i t e . , , " ' , ' , . 0 ' "',," 0'":. ' ".01 " ". .J II

The CiiY Qf Oaklaild, Office;ofContract ComplianCe & 'Employment Services', maintains a list of forprofit and not-for profit businesses and' organizatiorls. The list is divided by' trade or profession andincludes, contact information as and i f he certification type is eitherLocal ~ u s i n e s s ,Enterprise' (LBB)or, a Small Local Business Enterprise (SLBE). Each agency is required to solicit responses :fromc e r t i f i ~ . ~ apPropri8.te to the n B . ~ ~ and scope of the particular solicitation. Upon request, majJjllglists ofcertified fiIms Will oe provic;led to using agencies a.D.d coniractoISIconsultants. '. "Mentor Protege Agreements

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The City of Oakland strongly supports "Mentor-Protege" relationships because they help to buildcapacity in underotilized service areas. Typically! prime contractors and consultants help develop thetechnical and business capabilities of local and small local as well as disadvantaged businesses(pursuant to DOT requirements). On a case-by-case basis, the City will allow a 5% preference forMentor - Protege teams on construction and professional services contracts.I f a prime contractor or prime consultant is able to develop a "Mentor-Protege" relationship with acertified LBE or SLBE, the mentor will enjoy the benefit of credits against City goals particularlyunder cin?umstances where availability is zero, In order.to eam credit for Mentor-Protege relationships,the Mentor-Protege Agreement must be submitted for approval to Contract Compliance andEmployment Services prior to the project bid date for construction, and by proposal due date forprofessional services contracts.A written mentor-protege agreement must be completed by both parties and executed before a notarypublic. The agreement must delineate the rights and responsibilities of each mentor and protege. Theparties must agree to enter into the relationship for the life of the projectDuring the duration of the contract both the mentor and: protege must each provide the Division ofContract Compliance and Employment Services with a monthly report of the kinds of mentor skillsprovided to the protege, which shall include butnot limited to: -

Number ofhours expended in the fulfillment of he projectby each partner; Managerial assistance provided (e.g. bookkeeping s.ervices, personnel, payroll, etc); Technological assistance provided (e.g. computer hardware/software, training, etc.; Bonding assistance provided.; . . Number ofprivate sector projects bid on by the mentor-protege team; Number ofprivate sector contracts awarded to the mentor-protege team; and Financial assistance provided.No officer, director, employee or member of the mentor-protege team shall be allowed to bid orotherwise participate independently on a city contract where the mentor-protege team is bidding orotherwise participating. Each party is prohibited from submitting multiple bids on city contracts.The protege must be able to denlonstrate that it is an independent business operation prior 10 submittalof a mentor-protege agreement and throughout the term of the agreement Unless specifically defint;das one of the benefits to the protege and spelled out in the agreement, the mentor and protege mustmaintain separate office spaces while the mentor-protege agreement is in effect. -Jbint Venture Agreements'Abusiness that is bidding or competing for City contracts may associate with a certified LBE or SLBBbusiness to compete for contracts as a joint venture. A joint venture should be between two entitieswith the same discipline or license as required by the awarding department. Joint ventures receive biddiscounts dependlng upon the LBE or SLBE percentage ofparticipation as set forth in the Ordinance.The parties must agree to enter into the relationship for at least the life of he project

Basic Elements o(the Joint Venture Agreement:A Joint Venture must submit a Joint Venture Management Plan andlor a Joint Venture'Agreement two weeks prior to the bid due date. Copies oftbe N applications are availablePage 11 of30

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upon request'to thEi'Cbntract compliance & B t n p l o y m e n t \ S ~ C ? e s J?ivision ( ~ ~ Q ) 238-3970.EaCh agreement ormanagement plan must include; but n o ~ limited to the; following:1 " Detailed explanation of he financial cOlltnnuti9n qf each partner,' , ! , '. 2. List of he persoimel and equipment used by partner;3. Detailed breakdown of he r e s p o n s i b ~ l i t i e s of each partner;4. Bxplanation ofhow the profits and losses will be distributed;,S. DesCription of he bonding'capacity ofeach p a r t n ~ and' , ':' ~ . 'Management or i n . C e I 1 t i v ~ fees ~ v a i l a b l e for any q ~ e of he p a r t r i ~ (i fany).'Commereiti11y UsefulFunctions Performed kY J o ~ t Venture pafiiters: : , ' ," Each)IV,parb1er Di1lSt perform a " c o m : D : i ~ a l l y use 1;unction" ~ , t b a : ~ term is , d ~ ~ e d herein:A. 'LBB or SLBE that relies on the resources and personnel of a non-LBE or SLBE :firm 'Yillnot 'be deemed to perform. a,ucommertrlallyuseful :function ' . " I I . ;

'Joint .Venture License ,.RegyirementS:, Each. j ' ~ > i n t venture ' p ~ e r mmt, pqssess i i c ~ e s appropriate for the discipline for which. a p I ' 9 p o s ~ is, ',being, s U b m i ~ d : - " if'a jQmt v e n ~ isb i d d ~ c;n a single trade project, at the time of bid submittal, each of he joint venture partners~ ~ t 'hoid't joint ,Venture Lioense and posses:s the ~ q u i s j t e s p e ~ t y ~ c e n s e for t b a . ~ trade bid

, ..Delineationof oint Venture Work: .The LBE or SLBB partner must clearly define the portion of the work to be performed duringthe project '!his work must be of he sinillar type. of ~ o r k the :r;J3E SL!3E performsin the ttounal course of its business. The Joint V ~ ~ P ~ q i p a t i o n Form must s p e ~ i f y theproject bid items. 10 be'performed by each individual joint ventUre partner. Lump Sum jointventure participation is not acceptable. ' .R.qpqnsibiliti=es ofth'e,LBEor SLBEJomt v.enture Partners: ,1. The LBE or SLBE partner must share in the ownership, cOntrol, managementresponsibilities, risks, and profits of the joint venture in proportion with level of, p a r t i c ~ a t i 0 n in the .project; , ' " :, ', " , ,2 ~ ' The L B E l S L B ~ partnermust perform,work that is COIIJIIlmlS1lI' With ~ t s experience. ,3. -The' LBPJSLBE'partner'must:use its own e m p ~ o y e ~ s , equipnient to perform. its p o r t i ~ n "of heproject., ", :.

" ,4 . For 'coIiS1:iuCtion:contracts olily, t h ~ joint venture as awhole, tm;lSt perform bid item work. ..' that" e q ~ or exceeds twenty-five percent (25%) ,of the t o ~ ' value 'of the contract,,explUding the cost of , m a n ) 1 f a c t u r ~ d items, in order, to be eligible' fOr, a oint ' v ~ t u r e ' discount. " 'I ;.

Application orBw'Discounts For Joint Venture A.greements ,to be eiigible fur 'a'bid discount, at the time, of bid Sbmittal, each joint :venture partner must

, : hold, a. Joint Venture License and each must have the, license that is appropriate for the project,,' 'as i'eqtiii'ed in ,the contract document of the contract a w a r ~ f ~ t h ~ t Y . . I U ~ ~ s perinission is. granted 'by 'the City Manager or his designee for good cause shown, b ~ e d on sudden andUnexpected neCessity, the following actions are not permitted: i) ~ ' n o n - ~ E l S L B B partnerperforming work for the LBFJSLBE partner; ii) l e ~ i n g of equipment or property by the'LBElSLBB partner from the n o n ~ L B E l S L B E ' p a r t n e r ; and iii) the hiring of the non-LBFJSLBEpartners einployeesby the LBFlSLBE P a $ ~ . '

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Other Joint Venture ConditionsThe City Manager or designee must first approve the LBElSLBE Joint VentureAgreementIManagement Plan before the joint venture is eligible for bid discounts. Anychanges must also receive the prior approval of the City Manager or designee. In addition toany other information required by conditions specified herein, each LBElSLBE joint venturemust provide upon request, cancelled checks and any other financial records to the City.

Earning Credits (BankingDollars)In order to increase the level of self-sufficiency of Oaldand based firms, the City will allow contractorsto .accumulate credits for hiring local businesses and small local businesses on non-city fundedprojects, and to earn credits for the participation of local businesses beyond the fifty percent (50%)threshold on city funded projects. Prime contractors will be allowed to bank extra credit based ondollars paid to certified local firms on non-city funded projects prior to the notice to proceed and oncitY f u n ~ e d projects, when at project end, there is proof of participation exceeding the fifty percent(50%) threshold. A maximum of2% banked credits will count toward achieving the requirement ona City contract.In order to receive bid discounts above the two percent (2%) minimum requirement the bidder~ u s t allocate additional dollars at a 5% LBE and 5% SLBE split. The ability of rums to bankhours on non-Oty projects will n ~ t be retroactive. Firms will only have one year to credit thesehours.City -Assisted Private DevelopmentsFor City .assisted private developments (e.g. Disposition and Development Agreements, affordablehousing projects, and loans for construction projects) prime contractors are required to seekcompetitive bids from subcontractors and comply with the program goals and objectives as set forth inthis document. Prime contractors must give SLBE contractors a 5% bid discount and LBE contractorsa 2% bid discount. Prime contractors are required to award to the lowest responsible bidder.Incentives for Supporting Local Business Participation on City ContractsEach year, the City Manager will award a certificate of achievement to the city agency that reacheS thehighest level of support to local businesses.

Q!Iw:Prime contractors shall not impose any unreasonable additional criteria on subcontractors that are notrequired by the City. Any demand on the subcontractors that would change the way the subcontractormay do business will be deemed unreasonable. The prime contractor shall not selectively imposecriteria upon local certified b u s i n e s s ~ s that are not applied to other business in similar contractualrelationships with the prime. .In addition to any other documents required by the bid specifications, the contractor shall submit theCompliance Commitment Agreement as attached.All bids submitted shall be made available to the public upon bid opening as required by the Sunshine .Ordinance, including all bids prepared by subcontractors.

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Attached ,herein are ' c o n s t r u c t i o ~ .forms identified as (Schedule R-Subcontractor I S u p p l i e r r r I \ W ~ g Listing;, Schedule U-Compliance Corimrltment SChedule w-Bid Confirmation (lowest :bidder musts u b m i ~ ,this form 48 ' h o ~ , a:tter bid o P ~ g . -,

','

r '

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Part n. CertificationCertification CriteriaThe City of Oakland now certifies both for-profit and not-for-profits operations. Certification criteriaapply to both for profit and not .for .profit organizations.

1. An established operation located and doing business or operating within the geographicalboundaries of the City ofOakland.2. Fully operational for at least twelve (12) consecutive months prior to applying forcertification.3. Avalid City of Oakland Business Tax certificate issued 'no less than twelve (12) monthsprior to applying for certification. All payments must be current and the certificate mustreflect the address of the local business.4. A fixed office that reflects a substantial presence in the geographical boundaries of he City

of Oakland. P o ~ Office boxes, t e m p o ~ locations, and moveable work sites will notestablish status as a local business. In the case of trucking firms, the truck inventory mustbe located within the city limits. A fixed office is a dedicated office space, owned or leasedby the local business, in an established, non-portable building where regular work pertinentto the contract is conducted. For staE certification, the fixed office shall be the primarybusiness location of the business. A residence may qualify as a fixed office provided thefollowing conditions are met: (a) the business c o n ~ u c t e d in the residence complies withOakland Zoning Regulations relating to Home Occupations; and (b) the residence is theprimary business location of the business and contributes not less than 51% of the gross. receipts of business. A fixed distribution point is a non-portable warehouse or an outsideshipping yard owned or leased by the local business, where shipping, receiving and theowner and employees regularly and exclusively conduct distribution of goods andcommodities on behalf of he business.

5. The owner or employees (person hired and paid directly by the local business to conductwork solely on behalf of the business at its fixed office or distribution point) shall beavailable during Donna! operating hours.6. A LBE/SLBE must comply with all applicable Federal, State and local regulations,inchuijng, but not limited to the City of Oakland Zoning Regulations.7. All taxes, fees, permit fees, and fines shall be current.8. Upon request by the City's certifying officer, a LBElSLBE must possess and makeavailable for inspection the following documentation citing the Oakland business streetaddress:

a. Executed (i.e. signed by all parties) copies ofpastlcunent contracts;b. Oakland Business Tax Certificate and federal tax. identification number;. 'c. Executed lease or other wntten agreement for occupancy of the Oaldand office;Page IS Qf30

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Where the actual management of the finn is contracted out to individuals other than the owners,those persons who have the ultimate power to hire and fire the managers are, for the purposes ofthis part, considered controlling the business. The contribution of capital or expertise by the local owner(s) to acquire their interests in the finnshall be real and substantial. Newly fanned :finns and fums whose ownership andlor control has changed since the date of theadvertisement of the c o ~ t r a c t are closely scrutinized to determine the reasons for the timing of theformation of or change in the firm. A previous and/or continuing employer-employee relationship between or among present ownersare carefully reviewed to ensure that the employee-owner'has management responsibilities andcapabilities. Any relationship between a SLBE and non . SLBE, which has an interest in the SLBB, is carefullyreviewed to determine i f the interest of the non-SLBE conflicts with the ownership and controlrequirements. SLBEs will be considered bona fide i f he ownership interests are real and continuin& and notcreated solely to meet the City goals for SLBBs participation. The SLBEs included in the contractmust perfoIm commercially useful services and/or supplies and not merely act as a passive conduit.In the event the City has reason to question the ownership of SLBEs, the burden ofproof is on theclaimant and/or contractor to provide documentation to substantiate the S ~ ~ E business enterprisestatus.

Size Standards for Small BusinessesThe City has established a size limit in order to set forth criteria and define small local businesses. Inmaking the deteImination relative to size, the City will use thirty percent (30%) of1he United StatesSmall Business Administration's Small Business Size standards. Size is based on gross revenuesrealized by the firm for the three most recent fiscal years that the :fum is doing business.. .LBE/SLBE Certification ProcessStep 1 - The Application: Down load Applications from the web site maintained by ContractGompliance & Employment Services (CC & BS). From Oaklandnet.com, select Contract Complianceon the "go to" link. Requests for certification applications can be made by phone, facsimile,electronic mail, in writing or in person. When submitting the application, remember to attach a copyof the most recent Business Tax Certificate and have the application notarized. I fyou are applying asa small business, attach the last three most recent business tax returns.Step 2 - The Review Process: The City of Oakland employs a three-tier certification process asstandard operating procedure. This process is used to detennine the degree of difficulty and timenecessary to complete the review.

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v' Tier I .- The ~ p p U c a t i o n , ~ ~ n review by' staft is complete and accurate, and requires no furtheraction. ~ y s i s , recoIIJInendition and' notification as to the status of the application to . c ~ r t i f y .ordeny certification will be conductedWithiD.I0 workirig days. Tier rapplications are typically LBB .ze.certilications. . '' Tier 11- The applicatiOn, Upon'review'by staff, requires additional.infommtion ( ~ . g . applicationinfommtion is incomplete or requires clarification, supporting documents I n i ~ ~ i n g t etc.) .If. the .application is i n ~ l e t e , additional documentation will be requested and ~ u s t be submittedwithin 10 'working recOmmendation and notificationas to .. s ~ t u s .o f theapplication to certify or deny'certification will be' conducted within 10 w o r ~ g days. .

v' Tier m - The application, upon review by staB: necessitates a desk audit and site visit. The deskaudit and visit Will be cOIi.d1ictediwitlrln. 15 working days. All. parties are ~ e d cooperatefully with the investigation. . F,ailure or refusal to furnish requested informat:ion 'or tocooperate voids the application. I f he audit and review results in a satisfactory cietennir-a;tion,analysis, r e c o m t n ~ d a t i o n and notification as to the status of the application to certify or deny'certification will Qe conducted within 10 working days' after.the site visit,: . ~ : ' . ' " : .' . . . . . : , : :. . . .During the process of certifipation, the City may review any documentation or infomiatiOIi it deemsnecessary todetemrlne whether the applicant meets the definition of a local business set fOrth in thesection2.010ftbis'document '

To complete. and accurate determination' in a timely fashion, it is requested that potentUdLBElSLBE participants' submit an application for certification a minimum of three (3) weeks prior to abid opemng or submittal of a proposal. In order to receive LBE or ~ L B ~ credit for listedsubcontractors and suppliers certifications must be complete and existing at the date and time ofbidopening or submittal due dates. 'Certification with another agency does not constitute certification with the Ci1;y of Oakland. The CityreserVes ~ e " i i ~ to:'approve' LBE/SLBE status frODl. other government or City ~ ~ c i e s . FimiS or"individUa1s Who knowingly 'Submit false information c o n c ~ g their LBP/SLBJ; b u s ~ s ~ t a s atesubject to action or actions for fraud under the State and Fedeml False Claims will be debarred ,.from bidding on future City work for a.period of hree (3) y,ears. 'Other ConsiderationsIn addition to the above the City shall give special consideration to the following circumstances indetennining. eligibility: . .... ~ e w l Y fanned :fitms and:films whose ownership a n d l ~ r cQntI:ol bas' changed since tbe date of theadvertisemeilt of the contract ate closely scrutinized to detennine reasons for the timing.of theformation of or change in the firm. . .. ~ ' : , : . . ... PreVious andlor continuing employer-employee relationships between or among present owners HIecarefully reviewed to ensure the employee-owner has matiagement responsibilities andcapaBilities. .

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Any relationship between an LBElSLBE and a business that is not an LBElSLBE, which has aninterest in the LBE, is carefully reviewed to determine i f he interest of the non .LBE conflicts withthe ownership and control requirements.

A joint venture is eligible for certification if the LBE/SLBE partner of the joint venture meets thestandards for an eligible LBE. The LBE partner is responsible for a clearly defined portion of thework to be performed and shares in the ownership, control, management responsibilities, risks andprofits of he joint venture. The City Attomey's office must approve joint venture agreements. The mentor and protege must be certified prior to the submittal of a mentor-protege agreement forapproval. .Re-CertificationA City of Oakland certification is valid for a period of two years, unless otherwise specified. At theend of the certification period (October and April) the business may apply for re-certitication.Notwithstanding the above, the City may require re-submittal of current documentationinformation in the event a LBElSLBE certification is challenged.AppealAny firm that believes that it has been wrongfully denied certification as an LBElSLBE or jointventure may file an appeal in writing. The written appeal must be signed and dated.The appeal shall be filed no later than 30 days after the date of denial The City may extend the timefor filing, or waive the time limit in the interest of ustice. The City may specify in writing the reason~ o r so doing.Third parties, who have reason to believe that another finn has been wrongfully denied or grantedcertification as an LBElSLBB or joint venture, may advise the City in writing. This information is notconsidered an appeal.The City ensures a prompt investigation, and may at its discretion; decertify the LBE/SLBE or jointventure pending the outcome of the investigation. .

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Partm:'Local E!DplovmentProgram' ~ . ' J 1.

Program Objective . . .The objective of he Local Employment Program for public works and s u b s l ~ e d c o ~ ~ o n p r o j ~ c t s is to cause the liiriIig 'of Oakland residents. onas many,Prevailing Wage jobs as p o s s i b l ~ , and toenco1ira.ge buSiriesses to hire lOG& residents fornon-City..fUnded wode. . . 'Definitions .1. . l \ p p r ~ ~ e e - An inrliyidual who is registei'ed with an a p p r e n t i c ~ program approved by theDivision ofApprenticeshiP Staridards (DAS). . . :.. .2. Apprenticeship Coordinator - An individual who Supervises apprenticeship-training ~ v i t i e s . " .3. Apprentice Work Hours - The work hOllIS apprentices are ~ q u i r e d to work On public worksnm;ects, " . , . ..,.' .

r " " J . . . :4. Bay ~ ~ . Constr:ucUon Sedor' IDterveJition Collaborative (BACSIC) - 'A coalition of .'coDlJlllin1ty baSed oIganizations, 'uniOn r e p r e s ~ ~ e s and apprenticeship coordinators partnering

to provide necessary support services to assist job seekers in obtaining e m p l o y m ~ in the .construction industry.5: a ty - The City ofOakland, including t}1e RedevelpPDlent Agem;y. Reference to the City Managtrincludes the Redevelopment Agency .Adm.ioistrator. . . .' . :6. e ty ~ c i a I Assistance Recipient - .An entity or individual that receives a City subsidy for a

p u b l i ~ w ~ ~ project ,7. C o ~ ~ t Y Based OrganiZation (CBO) - A non-goverinnent agency created to provide traiIiingor employment assistance to job seekers.8. Contract'- The written agreement to provide services established between the City (or developer)

.' and the general contractor. ,.9. Contractor - An individual, partneIsbip, corporation, joint venture or other legal entity"enteringinto a contract (or J1 ~ C O J l ~ ofwhatever tier) for a public works project (as such projects aredefined in this policy). The geneIa1 contractOr is the entitY. that enters ~ t o the contract directlywith. the City or Developer; a' Subcontractor is an entitY tliat enters mtO a Contract with :the .GeneralContractor or a Subcontractor ofwhatever tier.10. Core Employee - An appi:entice or journey level employee who: possesses any license required by

state or federal law for the project work to be perfor:tned; has worked a total of at least 1000 hoursin the construction craft the prior three years; was on t h ~ Contractor's active payroll for at\ least 60 out of the 180'calendar days' prior to the cOntract award; and bas the ability to performsafely the basic functions of he applicable traOe.11. C r a f t ~ b y - C r a f t - Measuring the hours worked by an apprentice or journey person with regard toeaCh 9I8ft, as defined in the Fedem1 and State Wage Determination. .12. Developer - A person or entity that prepares or develops real property for development orredevelopment and receives a City subsidy. .13. Division of Apprenticeship Standards (DAS) - The agency responsible for apprenticeship in thestate ofCalifornia. .

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.

14. Emergency Work - A public works contract awarded because of imminent danger (i.e. 'fires,floods, earthquakes) or threat to the health, safety and welfare of Oakland residents and meetingthe City's requirements for waiving normal bidding procedures.15. Local Construction Employment Referral Program (LCERP) - The Employment Services Unit

of the Office of the City Manager created to identify Oakland residents for employment on City ofOakland and Oakland Redevelopment Agency construction projects.16. Monitoring - The system established to measure compliance with the Local Employment ProgramPolicy and the 15% Apprenticeship Utilization Policy. This system includes tracking theemployment status (as reported by certified payrolls) on all public w o r ~ projects: Monitoringoccurs for:a. Payment ofprevailing wagesb. Resident workforce hours c. Apprenticeship Hoursd.NewHires

17. New Hire - Any employee of a contractor who is not listed on the contractor's quarterly taxstatements for the tax period been hired prior to the commencement ofwork, unless the employeequalifies as a Core Employee.

18. Owner Operator - a con1ractor, who operates their own, leased or rented equipment and uses thatequipment on the public works project, and hires no other employees.19. Post Award - The meeting held between the City and contractors after the award of a publicworks project and before the issuance of a notice to proceed Post award meetings occur at therequest of either the using agency or contractor/consultant.20. Public works project (project) - Any construction, alteration, demolition, or repair work doneunder contract and paid for in whole or in part out ofpublic funds or by a developer who receives aCity subsidy for the project.21. Resident - Any person whose primary residence is in Oakland. This individual must haveestablished residency at least two weeks prior to commencement ofwork by the contractor.22. Subcontract - A contract that exists between the g e n e ~ contractor and a subcontractor orbetween subcontractors ofany tier. '23. Subsidy - A grant, loan, credit, tax rebate or any other instrument' or means that provides ameasure ofvalue to the developer from the City. .24 . Tier - The level of relationship to the prime contractor of a subcontractor who enters into acontract under a prime or another subcontractor to perfonn a portion of he work on a project.Program Goals ..For any constmction contract or development agreement with the City this policy establishes a goal forOakland-resident employment on public works projects (as such projects are defined in this policy).Specifically, for work performed at the construction site, this policy establishes a goal of 50% of thework hours, which must be performed by Oakland residents on a craft-by-craft basis. In addition, aminimum of 50% of all new hires on the project (on a craft .by .craft basis) must be Oakland residents,and the first new hire must be an Oakland resident A contractor or developer must achieve the goalsor seCure an exemption from the City.

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I .

Apprentice:ship. is an e s s e D . t i a l . p ~ * w a y to p r ~ d u c t i v ~ c a r e ~ in the c o n s t r u c t ! ~ ~ t:mdes. ~ ~ f o r e this .'policyrecognizesthat i m p l e m e n ~ 1 ; i o n of he 15% O ~ a n d : A p p ~ t i c e ~ h i p u : t ; i ~ a t i < ? n p o ~ c y on publicworks projects is important to achieve the .goals of. this policy. 'thiS pO.liey will' 'include'additionalincentives to both highlight and fmther encourage the 'use of Oakland' apP.tentices. 'Utilization ofO a k l a n ~ ~ p ~ e n t i c ' e s Will 'coimt toward the 50% new goals and the 50% w o r k f ~ r c e . h o u r goals.General ProvisionsThe CitY shall require its developers and'contractors to abide. by the LQciU Emplayment Program. The,Ci1 shall also require'that the ~ e l o p e r s and contractors enforce the provisions of the Program on anyand aU parties with whom the developers and contractors intend to enter i n t ~ a con.trac1; to perform anyportion ofsaid work. ' ,The Local Employment Program reciuired by the City will be incoIporated in all'coD.trlct specificationsas well as Dispositions and Development Agreements (DDA) for s u b s i ~ e d projeCts and contractspecifications. The developer or cO$'actor shall cause this Program. to be a part of all subcontracts,regardiess of Tier or phase under the eontract The goals set forth must be maiIJtained for the duration.oftbe prOjectThe LEP applies when t h ~ pI:oject iricludes the purchase of ~ o n s t r n c t i . 9 n serviCes either by the City asbuyer or by a City Financial Assistatice ReCipient (CFAA); either the City jS the buyer and thedollar amount of the project exceedS $50,000.00 dollars; or the project exceeds 30 d i t . y s ~ or new hiresare needed to perform: the work on the project. " " ,The LBP'does not apply when the contract or subcontract is performed by an owner!operator; or theprojet:requires less than 40 hours of.work; ,or the ,project is perfmmed as ~ g ~ c y work; or a jobrequires no more than two craft-persons to p e r f 9 ~ the ctuties of the ~ ~ ~ project;. QI' a' contractor'score workforce includes 50% Oakland residents, and no additional euiployees,wiIl pe hired

.J

Prior to r e ~ i p t of the Notice'to Proceed (NTP), the d e ~ l o p e r or contractor md. Conttact Compliance '& Employment Services st8:fftogether' will create a project-specific plan'to comply with1the LEP goalson a cntft-by-craft basis for all work forces,andfoI: p ~ e d new hires. ,The p r ~ j e c t - s p e c i f i c . p 1 a n willrecognize the lawful hiring hall rules of the union hiring halls wllere_a p p l i c a b l e ~ Ibe AnticipatedP r o j ~ t Wodd"orce FOIID. may l)e USed in the development ofa l?roject specific comPIi8.nce pIan.'

; . .

Wmning Compliance " ' .The D e v e ~ o p e r or'Contractor-must meet or exceed the 50% work: force and DeW hire requirements in ,order for the following progi'am criteria to apply: "

Exemptions' H o ~ :of work perfopned by employees of a subcontractor on a LEP-covered project may notbe assessed againstthe,Gon.mt.ctors,LEP goals, i f he s u ~ c o n t r a c t w i l l . be: " ,1. ,Perfonned by an Owner Operator; '.2. Perfumed in less, than 40 hours; . ' ., 3.. The Subcontractor's, core work force includes 50% O a k . l ~ d employees, .and S:dditionalemployees will be hired; or , " , , . _ ' , ' . . ",4. No more than two craft persons B:Ie required to 'perform the work' o,f the subcontract, theSubcontractor hires no new employee to perform the work and 'the SubcontraCtor is a SinaIl,Business within the meaning of City policies.

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",

When the Conmctor has taken the steps and an Oakland resident is not available the City shall issue anexemption.Conditional ExemptionsThe Developer or Contractor's project manager must submit a request for conditional exemption to theContract Compliance & Employment Service staff. They must detennine whether to grant theexemption prior to issuance of the contract The request is reviewed based on conditions (cited byDeveloper or project manager) that make compliance unfeasible. Examples of such conditions includebut are not limited to:

1. Permanent core workforce perfonns short-tenn (five days) work.2. Intermittent service by one trade throughout the life of he project3. Overall project time is ~ d e r three months.4. Owner Operator perfonns the work.I f circumstances arise subsequent to the issuance of the contract, the results of which the Con1ractoJ"believes wi)l prevent attaining the local-hlre goals, the contractor will immediately notify ContractCompliance & Employment Services staffby requesting a conditional exemption. Staff shall meet withthe applicant as necessary and issue a decision within five days, including a detennina.tion as to anyretroactive liability for failure to achieve the goals for work undertaken prior to the application for sucha conditional exemption.Local Construction Employment Referral Program (LCERP) - The Local ConstructionEmployment Referral Program is a one-stop employment service for Oakland residents. The on siteJob Developer evaluates the skill levels ofOakland residents seeking work as skilled or un-skilledworkers on construction projects. Names, contact information and skill levels are maintained in aLCERP Data Bank. In order to satisfy the fifty percent (50%) new hire goal when employmentvacancies occur on ajob site, each contractor must follow the steps outlined below.Referrals and DispatchingOakland Residents:1. For Open Shop - in the absence of a collective bargaining agreement the Contractor shall:

a. Contact Con1ract Compliance & Employment Services (CC&ES) to request arefenal from the Local Construction Employment Referral data bank; andb. Submit a completed "Job Request & Referral Form" by fax or e-mail.c. The CC&ES will refer an Oakland resident (matching the qualifications identified bythe contractor on the Job Request & Referral fonn) to the Contractor within threebusiness days.

2. For Union Shop - contractors working under a collective bargaining agreement shall:a. Contact local union hall to request an Oakland resident; andh. I f an Oakland resident is not available for dispatch, contact CC&ES to request areferral from the Local Construction Employment Referral data bank; andc, Submit a completed "Job Request & ~ e f e n a l Fonn" (Attachment -..0 by fax or e

o mail to CC&ES.d. The CC&ES will refer an Oakland resident (matching the qualifications defined bythe contractor) to the local union hall and that resident will be dispatched withlnthree business days in accordance with the lawful hiring hall rules of the Union.Page 23 0[30

(' 0


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Incentives and Penalties. Incentives (credit or bankingofhours) ,. To encourage lOJ)g-tenn retention and early hiring of Oakland residents as employees of contracto1'$doing businessin .Oakland, the City will give a COl)tractor c r e ~ t towards 'Ule LEP t o ~ wheii the .. contractor employs craft p e r s ~ , : s u p e r i n t e n d e n ~ , 8 . n d ' f o r e m ~ that.are.Q.akland residents. Bai:uced.or credited hours may only be ~ a p p l i e d toward meeting' SO%' .o( thei' reqtj.irement: Contractorsmay. receive credit for' hours perfoJ:Dled.by these O a l d a n d - : ~ s i d e r i t e i i l p l ~ y ~ e s in the ' fonowingcircumstances: ., ' . . . ' .. .

, I.

1. When a contractor exceeds t h ~ w o r k f o ~ c e hOur goal'on an ~ t i n g project, thosesurplus hours will be banked for application on:aS 1 : 1 b s e q t i ~ t CitY project.2. When a contractor employs Oakland residents on non-City projects during t h ~ year prior toissuance ofa notice to proceed on the City contract, ttiose hours will apply toward the 50%.workforce hottr r e q u i r e m ~ .. . .:3. When a C ~ n t r a c t o r employs Oakland r e s i ~ ~ ~ l l non-City p r o j e ~ t s 'during six monthsfollowing completion of a .Ci1y or Subcontract, those hoUrs will be batiked for.application ona subsequent City p ~ j e c t '. ...... ." .... ' ' . ' . ' .4. The general c o ~ o r , may utilize. the.'hOuIs performed by ~ a n d ..resident ep:1ployeesthat exceed LEP goalS to'meet the LEP goals ofa' Subcontractor that fails to acmeve its OW,nLEP goals . However, the ,City may designate a contractor as ineligible' to receive 'excesshQUl's credit under this.section for ~ O I l $ t r a t e d prior n o n ~ 1 i a n c e , . . ' ..Contractors may fully avail.tb.eIns.elves of other credits for local that .be available in othel' .City programs and policies (slichas credits) without to credits that they may receiVe .under the LEP policy for their use ofOakland-resdent ~ l o y e e s . The' LEP is in no way designed .to reduce or otherwise compromise those availablelncentiyes. , ..... '

Penalties , .. ' . ;,Any penalty imposed lindertbis policy for C o n t r a c ~ o r ' s failure to achieve the LEP goals beimplemented under a system of progressive implementation. The City assess mctois such as, the degree of failure; the effo$ updertakell.to achieve the goals, the presence Or absence ofrepeated failure to achieve the goals. in ~ t e r m j n i x i g what leVel of p . ~ t y would be appropriatewithin the penalty range avail8.ble 4\Article VI. . ' . ' .. ., . .When a Con,tractor finishes its contract without meeting the LEP r e ~ n t s ~ . ~ a penalty iswmanted, the City will withhold from final payment up to 150% of the wages for the deficienthours of the non-comPlying Contractor's C O l i ~ The Contractor will have one year to work offthe hour's ,owed by working ,Oakland r e s i ~ ~ o ~ . ~ o n - C i t y projects. I(,at the ~ n d of this period all

the deficient hours have not beeDt,eUminated, Contra.ctor will f o r f e i ~ 1 5 ~ ~ oftb.e wages for anyremaining deficieilt ~ o u r s to the City.as a fine.. ". I I I ,""j.,'. Repeated failure to comply wjth the LEP could lead. to debannent under City contracting policies.

I '.

OutreachThe Ci1 may hold a post-award meetillg to . ~ ~ the contractors ~ t h the LEP requirements aswen as with the requirements' of thelS% Apprenticeship P r o ~ I f eqUested by the contractor the

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, - - ----------


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City shall hold such a meeting within 10 business days. Post award meetings are most advantageous tocontractors that wish to become more familiar with these programs and may also be held upon requestof the contractor throughout the life of the project. Attendance at a post-award meeting will contributeto the contractor's ability to comply with the LEP and apprentice utilization policies. To the extentallowable by law, the meeting will be open to stakeholders.A post-award meeting will include instructions on when and how to prepare" and submit the followingforms:

Certified payroll reports Anticipated Project Workforce Job Request and Referral Apprentice Utilization Plan Certified Trucking Roster Quarterly Wage & Witbholding Reports (DE-6) Progress Payment

A post-award meeting should also provide,' when possible, information to support the contractors'success, and may include: California Labor Code relating to Apprentices on public works projects CertificationApplication Work Opportunityand Welfare-to-Work. Tax. Credit Construction & Demolition (C&D) Debris Recycling Prevailing Wages Apprenticeship Program

The City Manager's Office, Contract Compliance & Employment Services Division will conduct atleast three "Winning Compliance" Workshops per year. Contractors are encouraged to attend at leastone such workshop. Fonns and information listed above under post award meeting will be the majortopics of discussion. Attendance at these workshops will assist the contractor in complying with theLEP and apprentice utilization policies. .ReportingThe developer or contractor must submit reports for compliance with the LEP as required by the City.These reports may include weeldy certified payroll records for all crafts covered under these Programprovisions within fifteen working days of the end of each payroll period. In addition to the weeklycertified payroll records, the CiW may require a weekly or monthly summary of the information thatwould be obtainable from the certified payroll regarding local-hire by craft. These reports must showtke person-hours on a craft-by-craft basis and, in the case of certified payroll records, identify theaddress, Social Security number, new hire, ethnicity, gender and trade and status Goumeyperson orapprentice) of all employees on the project. All reports must have an original signature and be signedby an authorized o:fficer of the company under penalty of perjury. The City will make a copy ofrequired forms available to Contractors. These forms will be available in hard copy or digitally.Nothing in this Policy is intended to eliminate the requirement of a contractor to maintain certifiedpayrolls, .or of the subcontractors to provide certified payrolls to the prime Contractor, or for any. contractor to provide certified payrolls to any party that requests them, as required in State law.

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M . o n i ~ o r i D g , . J ' .The City will J ] l ~ n i t o r .LEP. m,ld: ~ t i c e - U . t i o n c ~ l i ~ c e , via m e ~ such as d e ~ reViews or .on-site . m o n i t o t i u g ~ . City . e m p l o y e e ~ conducti:r;lg on-site ~ o J l i t o r l n g are a ~ t h O J ; i z e d to visit City- . .subsidjzed 'projects and cu:e c o ~ d .)lllder the City of ' oaidands insuraUce policy. Full-scale.investigations ofnon-compliances or violations willbe OJ;l an a s - n e ~ ~ basis. .The City.shaIl p : n ~ v i d e a g e n ~ a 1 ~ Q n t r a c t o r w i t h an audit ofa subcontractor's LEP c o ~ p l i a n c e within45 days of the request, so long as the General Contractor provides the City with the infonnationrequired by the City to make such an audit.Audits of compliance may require the review of docmnents such as certified payroJIs, 'ApprentiCeshipUtilization Form, Request & Referial FoIDl, Certification of Compliance HonIs FonD.., cancelled'checks, progress payments, or Quarterly Wage and Withholding Reports (DE-6); among others. .A Developer or Contractor that fails to provide requested docttments ormisreptesents material facts in .such doCuments shall be deemed to be non .compliant with the LBP.Other ConditioilS' : . :. . 0' .Developers or contractor will Q ~ l y with the appropriate provisions of the Ca.1lfoma S1B.te ~ o t Code regarding the required ratio of apprentices to jOumeypersoDB to be e l n p ~ o y e d on the job site. 0ProgramAmendmentsThe City Manager may make changes as necessary to implement and achieve the goals of the LocalEmployment Progmm. .

Conflictso The provisions' of this progIaUl.may not be enfQrced to the extent that such . e n f o ~ e n i e n . t . r e ~ t s in aDeveloper or Contractor violating a consent 4ecree or juQicial or a.d.n$llS1Iative order or astatutoI}' or regulatory provision. . .

Severability 0In the event any provision of this'Program is deemed illegal or invalid for anyn-.on, said. illegality orinvalidity win n()t affect .the remaining ~ a r t s of the Program but the sameshall be C O l l 8 ~ e d enforced as i f said illegal or invalid provision had never been inserted ~ i : n , and the Ordinance Willbe interpreted'ina; inanller that best gives effect to its .initial u n d e r s t a n d i n g ~ , .' ,

.. .End ofDocument

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29/68

Schedule GP R O G R E S S P A ~ N T F O R ] d

FOR PRIME CONTR1\CTORSlCONSULTANTS,SUBCONTRACTORSISUBCONSULTANTS AND SUPPLffiRSISERVICESName Name ofPrime Contractor/Consultant

Number Address.....

PhoneSubcontractors/SubconsuItants& Original Change " Total Total Payment for Balance

S ~ p p l l e r s / S e r v l c e s Contract OrderS Contract Payment to tblsperiod RemainingAmount Amounts Amount date ii i Project"

...

.. .. , ' .. ' ':',

:,.

. .

L ...

. .Under penalty ofperjury the undersigned agrees that the forgoing information is true and correct.Nu=mmTIDe_______________________________________________ Date----------

Copy mustbe forwarded to Contract C o m p ~

Sbmdardized Contracting Procedures Revision Date 712D100TO BBUSED BY T.HE CONTRACTOR WHEN REQUESTING PAYMENT.

- - .-_.- - . - - - -


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CXtT 01' 0AlCtJUmLOCAL AND SHILL ltOCAL BtJsnrBSS D' l . 'DPUUEXIT REPORT AND AFFIDAVl:T!r.he Pr:bne Contractor/Consul tant must complete th is form for, and have .i executed by,eacb LBE/SLBB subcontractor/SuhconBultant (incl. lower t i e r LBE/SLBBsubcontractors/subconsultants), su.ppliers aDd t ruckers . This for.m must be submit tedto ;h e C i ~ Manager's Office of Contract Compliance Employment Services with thef inal progress payment application. (Please complete a L/SLBB Bxit Repor t fo r eac:.hl i s ted L/SLBE subcontractor/SubcODsultant).~ S M I T T A L To: Contract Compliance Officer:From: Contractor______________________~ D a t e Transmitted:SBCTXON I . Reporting Date: _____________________ Project Name:

Name of L/SLBE: Portion of Work (Trade)Original L/SLe! Contract Amount: ____Change Orders, Amendments,Modifications: _______________Fina l L/SLBE Contract Amount: __________ ~ A m o u n t of Progress Payments Paid to Date :Amount owing including a l l Change Orders, Amendments and Modifications:Please include a detailed written explanat ion on Page 2 of this form i f the f ina lcontract amount for th is LBE/SLBE i s less than the or igina l cont rac t amount.EXecution by LBE/SLBE:I agree with the information on th is form. ,Note: I f aE/SLBB i s in. disagreement, itshould be not signed below but instead re turn this form with an explanation of, an dreasons for, the disagreement in th e space provided on Page 2 of th is form:Signature of OWner/Authorized Representative of LEE/SLaE:(Name and t i t le : please print) Phone DatesmC'lION Xl:.I/We declare, under penalty of perjury under the laws of the ~ ~ a t e of California,that the information on this form is complete, tha t the tabulated amounts paid todate are accurate an d correct, an d that the tabulated amounts owing wil l be paidwithin a reasonable time after the date of the City's f inal payment under theContract.Pr:.me Contractor, i.ncludJ.Jlg eacb j o in t venture partner , must sign t:l1:Ls form (uBeadditional sheets if necassar.y)Owner/Authorized Representative (Signature),Signature)Name (please pr1nt/type)

Tit le ' p l e a s ~ print/type) Dateprint/type) Date

Firm Name()Telephone

ExitReportPax

Owner/Authorized Representative

Name (pleas,e print/ type)

Tit le (please

Firm Name) -'------

Telephone Pax

Page 1 of2


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City of Oal4andContractor Exit Report and Affidavi t. .B X p l a n a t 1 ~ ' b Y contractor if the f inal c o n ~ r a c t a m c u n ~ fo r th i s L/SLBB .i s 1ess thaDthe o r i ~ . c ~ t r a c t amcrtmt.:

' B x p l a n a ~ c m by .L/sLBB i f it i s in disagreememt with the above e x p ~ a n a t : i . o n , or wi ththe info:maticm em thef 1 ~ s t pags' of this for.m: .

CQ2llDlQD.ts OIl t:he above by the awa:ding department:

BxitReport ' P a g ~ 2 o f 2 .........

- _ .._---------


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ATTACHMENTS FOR THEPROPOSAL SECTION


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l i3UD' - -U l l I l n.I"t. ... 1un . ~ u r r " ' I " ' ' ' ! .. .vn,""Q . . . . . . . . . , . ~

The contractor herewith submits a complete list of al l subcontractors, suppliers and trucking to be used on the project. The contractor agrees that no changeswill be made In this list w l ~ o u t the approval of the City of Oakland.Nnte.:... PrlntlType Company Name:Ust all subcontractors with values greater than one" halfof one ---------------percent to be used on lIle proJecl Provide address, type ofwork. dollar amount. and check the box marked "S=Small & Sfgned:l=local"lf he firm '8 certified as USLBE by City of oaldand.

L..

B.cof Work Name Phona Number DollarAmount c1J

"pagels) If necessary.. Contractors ere requIred to Identify the elhniclty and gender of all subcontractors and suppliers. This Information will be used for tracking purposes only.

(Rev. 12.18.02)


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EqualBenefits eolaPatiODofloJldisclrimiDation I\tl1Equ .a . I .Access .,. ...

FYI R e s p o ~ s e s are pursuant to the Oakland Municipal Code. Chapter 2.32 -Equal Benefits Ordinance".(1) What is the Equal Benefits Ordinance (E80)?

o It is a aw requiring contractors on city contracts of $25,000 or more to provide employee benefitsto their employees with domestic partners equivalent to those provided to their employees withspouses.(2) What is a domestic partner"?

o Adomestic partner is any person who has acurrently registered domestic partnership with agovernmental body pursuant to state or local law authorizing such registration .. 3) What is the purpose of the Equal Benefits Ordinance and the effective date?

c The purpose is to prohibit discrimination in the provision of employee benefits by City contractors.o The effective date is July 1, 2002.(4) What legislation brought the EBC into being and can I get my own copy of that legislation? .

[J The enabling legislation is the Municipal Code Chapter 2.32 "Equal Benefits OrdinanceD Copiesare available through the City Clerk's Office at 238-3266.(5) Who is subject to the application of this Ordinance? .

a Entities which enter into a"contract" with the city for an amount of $25,000 or more for public worksor improvements to be performed, or for goods or services to be purchased or grants to beprovided at the expense of the city or to be paid out of moneys deposited in the treasury or out oftrust moneys under the control of or collected by the City.c Entities which enter into a"property contract' pursuant to Section 2.32 (0) with the City in anamount of $25,000 or more for the exclusive use of or occupancy (i) of reaJ property owned orcontrolled by the city or (ii) of real property owned by others for the city's use or occupancy. for atenn exceeding 29 days in any calendar year.

(6) My firm is international. Does the Ordinance apply to my entire operation?CI ESO requirements only apply to those portions of a c o n t r a c t o ~ s operations that occur (i) within theCity; (ii) on real property outside the City if the property is owned by the City or if the City has aright to occupy the property, and if elsewhere in the United States where work related to aCitycontract is being performed.[J The requirements shall not apply to subcontracts or subcontractors of any contract or contractor.

(7) Are there any exceptions?Q Yes. See Oakland Municipal Code, Chapter 2.32 "Equal Benefits Ordinancen Section 2.32.060 "Waiversand exemptionsll

Need Assistance? Call Contract Compliance &Employment Services, Office of the City Manger. (510) 238-6270.

ESOJuly 2002


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r . Schedule N-14IfI. 'ii\' '. ." . ' . . t ". ~ . . .... ".. . EqualBeneftil. ~ O l 1 o f l o m 1 i l c m n m a t i o n A ..6.... . AlC"lCIess ~ . 1 . Seellon A. Vendor I Con1raclDr I Consultant I *CFAR Infonnatlon.

1 Name ofCompany-------------------------------------------------------2 Name of C O m p ~ y C o n t a c t 3 Phone Number Fax Number4 \9ndor Number (IfKnown) '. '. FederallD orSoclal $ecurfty#-------------------5 ppproximats Number ofEmplo)98Sin the U.S.6. he anyof)Our employees c o v a r ~ byacollecti.V8 bargaining agreementor union trust fund? Y&s D No 0. . . . ." (.7 Union Name{s) ., .. '

Section B. Compli. . .e Questions '. ..': ". .... . . .'. ;.1'... . 1 Does)Our c o m p a n y ~ w d e or. ccess to any benefits to e m ~ Q } \ l e s w i t h sp_ci spoUses ~ f e m p l o ~ .

Yes 0 (Jf No D . please check ens) .2 Does )Ourcompanypro\4 de or bffer a c c ~ 10 anybeneiifs to emplo)98S with -*domestic partners ?

Yes 0 Or' No' 0 (pease check one)Section C. Compliance Questions '.3 Please check each benefit that applies to answers 1&2 abow and ilst as bother anyaddi60nal benefits not listed below.Some benefits O.e. b e r e a v a ~ e n f lea\e) are.pro\ided to emplo)geS b ~ a i J ~ they have a spouse or domestic partner.Other benefi1s ( .... . . .. ." . .

. .Y s, ti s ber1etit Is Yes. ti s berBtIs .: YfIS. lIS benefitis .Yes. daclinenfso, bendW' aTndfD to EmpJOfees . : i1iedb mpldJ8es is nataIiftd were sdmiled fir. andmr DcmeS&CEmpIcfees only a n d h i r S ~ this benefitBenefit Parfnas

8 Hedl 0 0 "D 0 0b Denal .0 0 0 0 00 VlSan 0 0 0 '0 ..0d R e t e m e n f ( P e n ~ n . 401(k), eb) '0 ' :: '0 .: O : O. 0e Bereavement D 0 .0 . . 0. I Df FarrIy Leave . .: 0 '0 .. 0 0 09 Parenlal Leave 0 0 0 0 0h EmpbYeeAssis2nC8Prorain' .. 0 0 0, . D 0I ReIocaion &TraveJ 0 D 0 D 0j CorrpanyDilmunt Facilifes &Evens 0 0 0 D . .0k CreditUnion 0 0 0 0 OI Child Care 0 0 0 0 0m Char 0 0 0 ' 0 0

* CFAR-Oli F l r a J : : J a J A s s f s t I t c e R e c ~ t i 1JomesIc Partner" - samea cpposfte sex coupfes wfth atcinnesic parfnErslip nVsIry.

,., ...__._-----_ ......_


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Schedule C-l

DECLARATION OF COMPLIANCE WITH THEAMERICANS WITH DISABILITIES ACTThe Americans with Disabilities Act (ADA) requires that private organizations serving thepublic make their goods, services and facilities accessible to people with disabilities.Furthermore, the City ofOakland requires that all of its Contractors comply with their ADAobligations and verify such compliance by signing this Declaration ofCompliance.The Contractor certifies that it will comply with the Americans with Disabilities Act by:

A. Adopting policies, practices and procedures that ensure non-discrimination and equalaccess to Contractor's goods, services and ~ a c i l i t i e s for people with disabilities;B. Providing goods, services and facilities to individuals with disabilities in an integratedsetting, except when separate programs are req1rired to ensure equal access;c. Making reasonable modifications in programs, activities and services when necessary toensure equal access to individuals with disabilities, unless fundamental alteration in thenature of the Contractor's program would result;D. Removing architectural barriers in existing facilities or providing alternative means ofdelivering goods and services when removal ofbarriers is cost-prolubitive;E. Furnishing auxiliary aids to ensure equally effective communication with persons withdisabilities; andF. I fcontractor provides transportation to the public, by providing equivalent accessibletransportation to people with disabilities.___________ ~ _ ~ ~ _ ~ ~ ~ _ ~ r _________

The undersigned authorized representative hereby obligates the applicant to the above Sttltedconditions underpenalty a/perjury.

Company Name Signature ofAuthorized Representative

Address Type or Print Name

Phone Date Type or Print Title

rev. 312912002


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AITENTION,: :'CONTRACTORS DOING BUSINESSWITH THE CITY' OF OAKLAND ' ,

IMPORTANT ,NOTICE OF 'CAMPAIGNCONTRIBUTION REPORTING R E Q U I R E ~ E N T S The OakJand Campaign Reform Act prohibits contractors doing business. orseeking to do business with the City of Oakland, tHe' Oakland RedevelopmentAgency or the" Oakland Unified School' District', from' 'making,' campaigncontributions to Oakland candidates between commencement of negotiatlonsand eithet 180 : ,days after" completlo'n of, ,or ,termination ofj' contractnegotiations. ' , , ,'",. ,: . " 'EffeCtiVe Jul.y 27, 1999, if you are a cOntractor doing business' with. or s u b m i t t i n ~ a proposal to :do business With, the City of Oakland or the' OakIanc:-'Redevelopment' Agency, you are required pursuant to 'the City's CampaignRefqrrn Act to sign an9 date the attached ACKNOWLEDGEMENT OFCAMPAIGN C O N T R I ~ l : J T J O N LIMITS F9RM at the time you. forma'ily submit abid, proposal, qualification or'contract ameridmertt.1 'The attached ACKNOWLEDGEMENT must be received at the same time,1he bid,proposal, qualification or contract amendment is submitted. Contracts may nottie awarded to any contractors Who have ndtsigned , t h i s c e r t l f l c a t i o ' n ~ ' Inaddition, failure to file this fonn with any proposal 'or submittal subject to section. 3.12.140 of the Oakland Campaign Reform Act, or filing a falseacknowledgement, shall subject you'10 the criminal and' civil enforcementprovisions contained in the Act. 'The Oakland Public Ethics Commission ischarged with' enforcement' of the"provisio'flS of theAct. ..

. . 'The City C l e ~ shall

Exhibit p Local and Small Business Program

Documents

Transcript of Exhibit p Local and Small Business Program