Oakland RFP For Tow Services OPD PDF

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CITY OF OAKLAND
OAKLAND POLICE DEPARTMENT (OPD)
REQUEST FOR PROPOSAL

(RFP)
For
TOWING SERVICES
Due Date: June 25, 2015
2015
REQUEST FOR PROPOSAL (RFP) (Title)
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TABLE OF CONTENTS
I. INTRODUCTION........................................................................................1
II. SCOPE OF SERVICES ...............................................................................2
III. PROPOSAL ..................................................................................................32
A.
B.
C.
D.
E.
F.
G.
General information .....................................................................32

Submittal Requirements ..............................................................44
Required Proposal Elements and Format ..................................44
Rejection of Proposal Elements ...................................................46
Evaluation of Proposals ................................................................47
Interviews of Short-listed Firms ..................................................47
Contract Negotiations and Award ..............................................49
IV. ATTACHMENTS
1. Fee Bid Form .....................................................................................50
A.
B.
C.
Sample Professional Services Agreement ...................................51

Stand-Alone Schedules
1) Required with Proposal:
Schedule E - Project Consultant Team ...........................73
Schedule O - Campaign Contribution Limits.74
2) Required before full contract execution
Schedule E-2 Oakland Workforce Verification .............76
Schedule Q Insurance Requirements ..............................77
City Schedules and Policies.. 81
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:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/
index.htm or at 250 Frank H. Ogawa Plaza Suite 3341, Oakland, CA Contracts and
Compliance Division. Also request a copy by email from isupplier@oaklandnet.com
Revised 02/15
REQUEST FOR PROPOSAL (RFP) Towing Services
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1
I.
INTRODUCTION
This Request for Proposal (RFP) is being issued by the Oakland Police Department
(OPD), City of Oakland, Oakland, California.
MANDATORY Pre-proposal Meeting Date and Time: Friday, June 12, 2015, at
2:00 P.M., Hearing Room 2, 150 Frank H. Ogawa Plaza, 1st Floor, Oakland, CA 94612
Deadline for Questions: 5:00 P.M., June 17, 2015, by email to the Project Manager,
Kiona Suttle, ksuttle@oaklandnet.com
Due Date and Time: Thursday, June 25, 2015 at 2:00 P.M.
Deliver To: Office of the City Administrator, Contracts and Compliance Division,
250 Frank Ogawa Plaza 3rd Floor, Suite 3341, Oakland, Ca 94612
Phone: (510) 238-3190
Proposals Must Be Received and Time Stamped by Contracts and Compliance
Staff No Later Than - 2:00 P.M.
The Contractor shall be required to comply with all applicable City programs and
policies outlined in Attachment C. Details are presented in the project documents and
will be discussed at the pre-proposal meeting. Discussions will include, but may not be
limited to: Equal Benefits for Registered Domestic Partners Campaign Contribution
Post-project Contractor Evaluation Prompt Payment Arizona Boycott 50%
L/SLBE Dispute Disclosure and Living Wage
Contractors who wish to participate in the RFP/RFQ process are required to register in
iSupplier in order to receive addenda, updates, announcements and notifications of
contracting opportunities. We recommend updating your firms primary email address
regularly and periodically confirming that the Products and Services section fully
represents the scope of products and services provided. If you have any questions,
please email isupplier@oaklandnet.com.
For further information and detailed iSupplier registration instructions, please visit the
following link http://www2.oaklandnet.com/oakca1/groups/ contracting/documents
/webcontent/dowd021639.pdf.
Free copies of the RFP/RFQ documents and Addenda are available in iSupplier. Hard
copies will NOT be available for purchase from the City. Please consult the City
website for the Plan Holder list.
1. iSupplier Registration/Login:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/index.htm.
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New registrants can email isupplier@oaklandnet.com for registration instructions.
Allow 3 working days for approval to access bid documents through iSupplier
2. iSupplier Plan Holders List:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/Constructio
n/index.htm
Contact Information: The following City staffs are available to answer questions
regarding this RFP.
1. Project Manager: Kiona Suttle at ksuttle@oaklandnet.com or (510) 238-6886
2. Contract Admin: Paula Peav at ppeav@oaklandnet.com or (510) 238-3190
3. Contract Compliance: Deborah Barnes at dbarnes@oaklandnet.com
II.
SCOPEOF SERVICES
Background
The City of Oakland ("City") has the responsibility for maintaining clean, safe, and
functional streets for its citizens' use. The Oakland Police Department ("OPD") is
responsible for maximizing the amount of on-street parking in the City and for
providing congestion management functions. Efficiently controlling and removing
illegally parked and abandoned vehicles is critical to both mandates. The number of
police and City initiated tows averaged 8,883 annually over the previous five (5) years.
There shall be no obligation upon the City to provide the Contractor/winning bidder
with any minimum or maximum number of tows or number of vehicles for storage
during any time period.
The intent of this Request For Proposal (''RFP") is to meet the challenges of these
mandates by formulating a selection process that will result in awarding contracts for a
Tow Vehicle Management System (TVMS), towing, storage, and disposal of
abandoned, illegally parked and impounded vehicles and towing of City owned, nonoperational vehicles as directed by the City.
This RFP is divided into two (2) sections. Contractors may submit proposals for one or
both sections. Proposals for each section will be evaluated separately; therefore,
Contractors who wish to submit proposals for both sections must submit a separate
proposal for each section. All items specified in the Scope of Services, including the
referenced appendices, must be addressed in the proposal by individual section.
Proposers must expressly indicate that the Proposal satisfies and is fully capable of
providing each point listed in the scope of services and corresponding appendix by
individual section. Proposers shall provide responses to each paragraph in the same
order as the RFP, citing the heading and then their response. Simply providing Yes,
No, or Comply responses to stated specifications are insufficient. Rather, the
Proposers must describe in detail how the proposed products and/or services meet or
exceed the requirements of this RFP and Proposers shall state their understanding and
compliance. Proposers should also include any other information they feel may be of
benefit to the City.
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The scope of services contains two (2) distinct sections:
A. Tow Vehicle Management System (TVMS)
B. Tow Management - Impound Lot/Storage, Auction Services & Police Impound
(Evidence)
The following service requirements identified by the City are minimum standards the
Contractor shall be required to meet. Proposers may propose a higher or more stringent
standard for any or all requirements stated in this RFP. The amounts due the City of
Oakland for failure to meet particular requirements are not negotiable.
Responses to services requirements shall be presented in a narrative format, following
the number and outline structure of the RFP. Any exceptions taken to the services
requirements shall follow the responses to the services requirements and shall be
clearly marked "exception" in a narrative format with appropriate explanations.
The proposal must include descriptions detailing how the Proposer intends to meet each
minimum requirement listed below. Failure of the Proposer to address each material
requirement in the RFP will result in the proposal being deemed non-responsive and the
proposal will be rejected.
A.
Tow Vehicle Management System (TVMS)

The Tow Vehicle Management System ("TVMS") is a vendormaintained
infrastructure, platform, and software solution. The TVMS should reduce costs and
improve efficiencies through automation, reduced infrastructure, a more
configurable design, and stateoftheart integration. The most responsive and
responsible Proposer shall be fully responsible for implementation and
configuration of the solution, in compliance with all RFP specifications and
addenda and with subsequent vendor responses. This requirement shall include all
necessary integrations with existing software systems and any required data
migration. This can be accomplished either by utilizing vendor resources or through
subcontracting with a vendor certified third party integrator.
The TVMS shall have the ability to maintain detailed electronic records of each tow
in the TVMS. The TVMS shall assign a unique, system-generated Tow Request ID
to each Tow Request made during the term of this Agreement. All information
related to the towing, impoundment, and disposition of any vehicle currently
impounded or previously released, sold or disposed of, including
references/automation of manually written (paper) tow slips, shall be searchable in
the TVMS using the Tow Request ID. This system must be capable of providing the
Oakland Police Department (OPD) a daily record containing information including
the date of the Tow Request, the make, model, license plate number, and VIN of all
towed vehicles and the current status of all towed vehicles. Towed vehicle
information must be entered into the TVMS within two (2) hours of the tow. For
Dispatch Tows, information about vehicles that are dropped or not towed shall be
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recorded in the Contractor's TVMS but the Contractor shall not generate any record
for the purpose of assessing charges for these vehicles.
The TVMS Contractor will be responsible for the implementation of an automated,
real-time interface between the TVMS and the OPDs Records Division to identify
towed vehicles. In addition, this interface must ensure that agreed-upon updates to
a TVMS towed vehicle record are updated in real-time for any data element that is
inputted. If the Contractor identifies a more efficient, cost effective method, the
Contractor shall describe this process in detail.
The Contractor must provide accessible online data storage of all tow slip
information in the TVMS system.
1.
Records of Service
The TVMS shall maintain detailed records of service in electronic format
available for the City to inspect at any time. These records should be
available to download and accessible from the Contractors tow database
and should also be made available for analyses using Excel or similar
software. The Contractors database shall not, under any circumstances, be
maintained using proprietary software that will prevent such data
analyses/extraction.
The Contractor's database shall not, under any circumstances, use
proprietary software that will prevent data analyses/extraction by the City.
The Contractor will provide monthly, quarterly, and annual reports as
requested by the City. Ad-Hoc reports will also be available to the City. It
is preferred that all input fields have a query capability for ad hoc
reporting purposes. Reports will include, but will not be limited to, items
such as:
a) response time
b) number and type of tows
c) number of vehicles retrieved by 24-hour increments
d) number of vehicles lien sold by number of days in storage and value
e) number of vehicles crushed
f) number of vehicles purchased by the Contractor
g) number of vehicles at each storage facility
h) number of vehicles in storage by reason for tow by department
requesting tow by date towed
2.
Record Keeping
The TVMS shall prepare and maintain an accounting system approved by
the City in accordance with Generally Accepted Accounting Principles.
Such books of account shall be maintained at the Site.
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3.
Towed Vehicle Records

The TVMS shall maintain consecutively numbered invoices of each
transaction involving the removal, impoundment, and disposition of all
vehicles towed pursuant to the Agreement.
Each such invoice shall contain the following information:
a) date and time the Contractor is notified by the City to respond to a call
b) date, time and location of tow and identity of tow car operator
c) make, model, year and Vehicle Identification Number of vehicles
towed
d) name, address and telephone of registered owner of vehicle towed
e) inclusive dates of and charges for impoundment
f) date and manner of vehicle disposition and income received shall be
maintained at a site and in a manner approved by the City
4.
Access to Contract Records

The TVMS shall have the ability to make available to the City all of the
company's financial, administrative and any other records related to the
Contractor's performance under this Agreement, including but not limited
to all ledgers and all other journals related to the tow operation, cash
receipts and cash disbursements records, bank statements, cancelled
checks and deposit slips, all records related to vehicle lien sales and
auctions, payroll tax reports, sales tax reports, income tax reports,
hazardous materials reports and other reports filed with Federal, State and
local agencies or governments, all audit reports, inspections or studies of
the Contractor prepared by government agencies, records related to
pending audits, assessments, appeals and settlements involving payroll
taxes, sales taxes, income taxes and tax exemptions, records related to tax
delinquencies and collection status of such, records related to civil suits in
which the Contractor is a defendant, records related to pending audits,
assessments, appeals and settlements involving worker's compensation
claims, records related to insurance recovery matters, records related to
pending audits, assessments, appeals and settlements regarding
Department of Motor Vehicle compliance issues, records related to the
classification of service providers as independent contractors or
employees, and all agreements with third parties.
5.
Access to Third Party Records

Upon request, the TVMS shall be able to authorize third parties (financial
institutions, insurers, attorneys, accountants, etc.) to make available to the
City all records, including but not limited to bank accounts, loans,
investments, and insurance claims paid or received on behalf of the
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Contractor.
6.
Inspection of Books and Records/Right to Audit/Offset

During the term of this Agreement, and for a period of seven (7) years
after the termination of this Agreement, or two (2) years after the closure
of any disputed matter, whichever occurs later, (the "Audit Period"), the
TVMS shall maintain financial and operational records related to this
Agreement or to any other agreement with City.
7.
Web-Based Information
The TVMS Contractor shall within 90 days of contract award provide the
public access to general information, via web-based Internet interface, as
to whether or not a citizens vehicle has been towed. The system shall
allow inquiry by license plate, vehicle identification number (VIN) or
vehicle make with another factor(s) such as time or street location or date.
8.
Communications
The TVMS shall have the capability to do the following:
a) Voiceless Tow Dispatch
b) Electronically send tow requests to the contracted tow operators
c) Automatic Selection and Routing
d) Automatically select the tow operator responsible for the Tow District
and electronically route the request.
e) Automatic Acknowledgement and Electronic Estimated Time of
Arrival (ETA)
f) ETA and acknowledgement shall be electronically transmitted from
the tow operator to the Dispatch Center
9.
Complaint/Claim Tracking
Based on the information inputted by the Tow Management Contractor,
the TVMS shall provide a proposed formal customer complaint/claim
process and associated complaint/claim forms. This process and associated
pre-numbered forms shall be subject to approval by the City and shall
provide the City with sufficient information to document and account for
customer claims for damage, theft, or other complaints and show the status
or resolution of such complaints/claims. The TVMS Contractor will
describe in detail how customer complaints can be integrated within the
TVMS.
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B.
Tow Management - Impound Lot/Storage & Auction Services

The City is seeking a well-managed, financially sound organization to operate its
vehicle towing and storage and disposal operation. The Citys primary goals are:
To provide a conveniently located, efficiently and courteously operated
storage facility for vehicles towed pursuant to the Oakland Municipal Code
and vehicles ordered towed by the City of Oakland.
To provide a well-managed and responsible operated towing service as
required for vehicles towed pursuant to provisions of the Oakland Municipal
Code or State law.
To provide a well-managed and responsible operated auction service and
disposal facility for abandoned vehicle towed pursuant to provisions of the
Oakland Municipal Code or State law.
To provide a segregated, secure area for Police Impound vehicles.
All open areas on the properties where storage facilities are located shall be
maintained in a clean, secure, neat, and visually presentable manner. The Contractor
shall maintain a 24-hour, camera-based security system with online, live access to
all camera views of the lobby and yards to the OPD Tow Officer.
The Storage Contractor shall have adequate facilities separate from the main storage
area to conduct lien sales and auctions. The Contractor shall also provide support
staff necessary to conduct the sales, and uniformed security guards for the auction.
Tow Rates
The maximum charges for services or materials furnished by the Contractor
engaged in tow-car business in connection with any vehicle tow following the
award of the contract shall be set and adjusted annually on July 1st to an amount not
to exceed the annually approved tow rates by either the State of California Highway
Patrol Tow Services Agreement for the Golden Gate Division Oakland Office or
by City Councils Resolution.
Compensation
Referral Fee
The Contractor will be required to pay the City of Oakland a referral fee of not less
than fifty four dollars ($54.00) per towed vehicle for the privilege of towing
vehicles in the City of Oakland. The referral fees shall not be owed and due to the
City for (a) vehicles owned by the City, or (b) vehicles held pursuant to a "Police
Evidence Hold," as defined in Section B 30, 31 below, or (c) if OPD has issued a
written waiver of referral fee. Referral fees shall be the same for every type of
vehicle and shall be adjusted annually (see Annual Adjustment section). Proposers
are required to list fees per towed vehicle in the response on the Fee Bid form in
Attachment 1.
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Gross Revenue Percentage Fee
The Contractor will be required to pay the City a gross revenue percent fee not less
than 0.32% percent of all annual gross revenue received from all fees and costs
collected under this contract.
Contract Administration Fee
The Contractor selected will be required to pay the City of Oakland one hundred
percent (100%) of the costs associated with the administration of the Agreement.
The costs are determined as follow:
1. The salary and benefits of one full-time employee of classification determined
by the City, but not to exceed the cost of one top-step police officer in
accordance with the salary identified in the current Memorandum of
Understanding between the City and the Oakland Police Officers Association.
The cost of one top-step police officer is defined as $187,745, or $15,645 a
month. The City reserves the right to rotate the person(s) in this position at any
time.
2. The salary and benefits of one full-time Police Records Specialist, including one
(1) workstation and printer. The cost of the full time Police Records Specialist is
defined as $107,373, or $8,948 a month.
Payment Due Dates
The Referral and Contract Administration fees are due no later than the 5th of the
month following the close of the preceding month.
The Gross Revenue Percentage Fee shall be due and paid annually based on the
Citys fiscal year. This fee will be calculated based on gross revenues for the
preceding twelve (12) month contract period. The first payment shall be due and
paid within 30 calendar days of the close of the first fiscal year of the contract.
Subsequent payments shall be due and paid within 30 calendar days of each
successive fiscal year of the contract.
Payment made to the City by the Contractor pursuant to this Agreement shall be in
addition to any other license fees, business license tax, or other fees or taxes
required by the City.
Late Charges
In the event the Contractor fails to make payment to the City for this contract on or
before the due dates as herein provided or as a result of deficiency assessment of the
required fees to be paid following an audit, the Contractor will pay as additional
consideration both of the following amounts:
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1. A sum of money equal to ten percent (10%) of the amount due. This
amount is required to defray those additional expenses and costs incurred
by the City by reason of delinquent payment, including but not limited to
the cost of administering, accounting and collecting said delinquent
payment and the cost of postponing services and projects necessitated by
the delay in receiving revenue.
2. A sum of money equal to one percent (1%) of the amount due per month as
interest and for loss of use of the money due.
Annual Adjustment
The annual adjustment for the Referral and the Contract Administration fees shall
be adjusted based on the increase or decrease in the US Department of Labor,
Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPIU) for the San Francisco, Oakland, San Jose region. The annual percentage change
shall be that of CPI-U for the month of April and goes in effect beginning July 1st
each contract year.
Computer Hardware
The Contractor shall provide a Computer terminal necessary for the Contractor to
access the database of towed vehicles at any time. Access shall be through the
TVMS web-based system.
Annual Audit
On or before each anniversary date of the Agreement award date, the Contractor
shall pay for agreement compliance/financial audit by the Citys Finance
Department or by an auditing firm approved by the Citys Finance Department.
The Audit shall include a report on all monies collected by the Contractor under the
contract, a review of all auction procedures, including compliance with the lien sale
process, and procedures to determine compliance with all requirements of the
contract. The auditor shall provide a negative assurance report on compliance
with the contract provisions. The Audit shall consist of approximately 200 hours of
auditing time to complete. The Contractor shall also provide the Citys Finance
Department with a copy of any DMV reports or audits of the Contractors practices
or performance of its responsibilities under contract that are in the Contractors
possession. If such reports are not in the Contractors possession, the Contractor
will sign a waiver authorizing DMV to share any such reports with the Citys
Finance Department.
Vehicle Auctioneer
The Contractor shall contract for the services of an independent auctioneer at
the Contractors expense. The Contractor shall replace a full-time auctioneer at
least once per year, except with the OPDs prior written approval. Upon the
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Contractors request, and with prior written approval by the OPD, an individual
who has served as a full-time auctioneer in the past, but not within the
preceding year, may again act as a full-time auctioneer. A full-time auctioneer
is defined as one who has performed more than 50% of the auctions within a
given contract year.
1. Vehicle Storage
The Storage Contractor shall provide facilities with storage space for a
minimum of three thousand (3,000) vehicles, including at least fifty
(50) large tractor-trailer/passenger bus size vehicles, at any given time
Additionally, the Contractor shall have indoor storage space for five
hundred (500) vehicles.
The storage location(s) may be one single location or broken into one
Primary location and one or more Secondary location(s). It is preferred
that all storage locations be accessible from within Oakland City
limits. Storage facilities within Oakland City limits will receive higher
scores for compliance. However, the City will accept proposals from
within two (2) to five (5) miles from the City limits of Oakland.
The Contractor shall control and restrict access to the storage area(s) to
employees and City personnel. The Contractor's storage facilities must
have the following:
a) A minimum of two (2) feet between the sides of vehicles is to be
maintained to facilitate entrance to the vehicle by owners and City
personnel without moving the vehicle.
b) Comply with all Federal, State and City codes and safety regulations
applicable to its proposed use.
c) Be clean and well maintained. The Contractor is responsible for the
disposal of all trash and debris associated with the facility and vehicles
towed under this contract.
d) Be screened from public view except for necessary gates. Gates shall
be at least eight (8) feet high. Screening and gates shall be maintained
in good condition at all times.
e) Be maintained so the parking/storage surface shall be either a paved or
concrete surface.
f) Be maintained to ensure the safe storage of vehicles and the contents
of such vehicles, including without limitation lighting throughout the
area for safety after dark.
g) Have adequate drop off-space so tow and transport trucks can quickly
and efficiently load and unload on the property. No loading,
unloading, parking or storage of vehicles will be permitted on the
surrounding public streets or right of ways.
h) Not be used for the sale of vehicle parts.
i) Meet all environmental requirements for handling and storage of
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hazardous materials required under Federal, State, and local laws for a
facility of this type.
j) Have 24 hour video surveillance.
k) Have on-site, 24-hour uniformed security guards.
l) Have regulations regarding access control to all areas.
2. Storage Business Hours
The storage location(s) will be open for business 24 hours per day, 7 days
per week, including holidays.
3. Right to Inspect
Any authorized City representative has the right to inspect the Contractor's
towing and storage facilities at all time for the purpose of evaluating the
Contractor's performance. City officials and inspectors may conduct
periodic site visits at any time to inspect for permit conformance and
customer service standards or to respond to customer complaints. The
Contractor must provide the City with unrestricted access to all of the
storage facilities.
4. Protection of Vehicle Contents
The Contractor must operate storage facilities and operations in such a
manner as to prevent damage to vehicles and to the contents thereof. It is
the responsibility of the Contractor to provide locked and secure storage
for any personal property contained in the towed vehicle that has been
placed in storage. The Contractor is responsible for the removal,
recording, and proper marking of personal property to be stored in a
secure area for easy and safe retrieval at time of vehicle release.
When assigning custody of the vehicle, the Contractor will inventory the
contents of the vehicle, including property in unlocked storage
compartments. This inventory will be on forms approved by the City.
Notation will be made of any locked compartment. Inventory will be
signed with clear name and the Contractor's employee ID numbers. The
tow inventory slip shall be made immediately available to the person
retrieving the vehicle at no charge.
5. Dispatch Office
The Contractor will maintain dispatch operation that will operate 24 hours
per day, 7 days per week including holidays. Dispatch operators will be
available to take radio calls from the City at all times within six rings and
will keep accurate records of all requests and responses for towing. Record
keeping, at a minimum, should include the time initial call was logged,
time truck arrived on scene and time truck arrived at a storage facility. The
Contractor shall also provide two dedicated telephone lines to be used for
calls between the Contractor's dispatch center and OPDs dispatch center at
no cost to the City. The Contractor shall provide equipment that will
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automatically record with time and date stamp and notice parties of
recording in progress. In addition the computer system utilized by the
Contractor for all operations shall include the following:
a) Name, address, and phone number of person whose vehicle was towed
b) Vehicle Identification Number, license plate number, make, year,
model, and color of each vehicle towed
c) Date and time request for tow received
d) Location from which vehicle was towed and name or number of driver
assigned to said tow
e) Reason for tow
f) Current storage location of towed vehicle
g) Agency and badge number of person at site of tow
h) Any holds on vehicle by the City with audits to prevent release without
entry of release information
i) Date and time of release for each vehicle
j) Name of party to whom the vehicle was released, including the ID
number presented and address given
k) All fees or charges connected with said tow, showing specifically tow,
storage, and lien sale date in addition to the total of such charges or
fees.
6. Dispatch Hours of Service and Method
Tow Management Contractor must have sufficient dispatcher staff on duty
at all times to receive calls from the OPD. When OPD calls the
Contractor's dispatch office, the call must be answered within six (6) rings
and never a busy signal. The Contractor must dispatch equipment used in
the performance of towing services through one central dispatching
facility that is acceptable to the City. Tow Operators must respond at all
times and the Contractor must ensure that:
a) Tow requests phone calls from Central Dispatch must be answered
within 30 seconds or less with no busy signal for 95% of the calls and
within 90 seconds for the remaining 5% of the calls during a given
calendar month.
b) Tow requests must be assigned to a subcontractor towing firm within
five minutes or directly to a tow operator within ten minutes.
c) The Tow Dispatch Center is responsible for the relaying of the tow
request to the appropriately assigned tow company, not to exceed five
(5) minutes from time of receipt of tow request.
d) Failure to respond to required tow requests and/or repeated failures to
meet maximum response time requirements shall constitute failure to
comply with the terms and conditions of this contract.
7. Maintenance
The Contractor must demonstrate the capacity to dispose of approximately
1,500 vehicles monthly to a licensed dismantler and/or licensed metal
recycler and hazardous waste disposal facility.
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8. Computer Hardware and Software
The Contractor shall provide all computer hardware and software
necessary for the Contractor to access the database of towed vehicles at
any time. Access shall be through the TVMS web-based system.
9. Hours of Service
The Contractor must respond to all tow service calls with sufficient
operational equipment to handle all towing services required at all times,
24-hours per day, seven days per week, including all holidays.
10. Communications Equipment
Within 30 days of the Notice to Proceed, the Contractor shall provide a
dedicated telephone line to be used exclusively for communication
between Central Dispatch and the OPD, and a minimum of two (2) twoway radios or equivalent equipment to be used as an alternative
communications method.
a) Audio Recordings
b) The Contractor shall provide equipment and software that will create
an audio recording with a time/date stamp of all tow requests
communications between the OPD, the Tow Desk and the Contractor's
Central Dispatch Facility. The Contractor shall maintain such audio
recordings for a minimum of 120 days. Upon the OPDs request, the
Contractor shall provide OPD access to the audio recordings within 24
hours for the purpose of reviewing or copying the recordings.
c) Tow Dispatch
d) Communication between the Tow Desk and Central Dispatch shall be
accomplished by cell phone, radio, electronic two-way data terminals
or by landline. Any other method of communication to be used
between Central Dispatch and Tow Car operators must be approved by
the OPD in writing.
11. Tow Types and Required Response Times
a) Routine Towing Requests
The Contractor shall respond with the appropriate equipment to the
designated point of tow within 35 minutes during peak towing hours
(Monday through Friday, 7AM-9AM & 3PM7PM) and within 25
minutes at all other times, or within 10 minutes of the time designated
for initiation of a scheduled tow.
a. The Contractor shall require all tow trucks to be equipped with
GPS tracking and the appropriate software to monitor the realtime location at any given time of any vehicle assigned a tow.
This monitoring system shall be made available to OPD within
30 days of the Notice to Proceed. The Contractor may provide
this using either the OPDs wide area network or by allowing
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access through the TVMS, both of which the Contractor is
responsible for coordinating access and software licenses as
required.
b) Expedited Tows
a. The Contractor shall respond to Expedited Tow requests within
30 minutes of OPD notifying the Contractors Central
Dispatch. The OPD dispatcher will determine the need for
expedited tows. The Contractor may notify the City that it is
requesting an extension of time up to 15 minutes to process an
Expedited Tow request for reasons beyond the Contractors
control, which are defined reasons as traffic congestion or
travel distance, and the City shall inform the Contractor if the
request for extension of time shall be denied or accepted. The
Contractor shall respond within the applicable time limit for
100% of the Expedited Tows performed in a given calendar
month.
c) Commute Tows and Regional Sweeps
a. Upon issuance of the Notice to Proceed, The OPD
Enforcement Division will provide the Contractor with a
schedule of ongoing commuter peak time tow sweeps that the
Contractor must accommodate. The OPD will provide any
changes to the scheduled tows to the Contractor at least fortyeight (48) hours prior to the needed change. The Contractor is
not obligated to carry out requested changes that occur within
less than 48 hours of notification.
b. The Contractor shall participate in Regional Sweeps requested
by OPD as a part of its regular towing services. OPD shall
notify the Contractor at least forty-eight (48) hours in advance
(with seventy-two (72) hours advance written notice provided
when possible) of the date for a Regional Sweep, and shall
inform the Contractor of the number of Tow Cars required, the
location, and the time that tows are to begin. The City reserves
the right to modify and/or expand Regional Sweep programs,
and shall notify the Contractor of these modifications and/or
expansions no later than forty-eight (48) hours in advance of
the date of a Regional Sweep. Regional Sweeps are subject to
the performance standards of Scheduled Tows under this
Agreement.
c. The OPD may make Expedited Tow Sweep requests that have
advance notification of less than seventy-two (72) hours, such
as in the case of a terrorist threat, natural disaster or visiting
dignitary (e.g. President). The OPD requests the Contractor
make every effort to assist in these cases, but will not hold the
Contractor responsible for any restrictions on assistance the
short timeline creates.
d) City-Owned Vehicles
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a. At the request of the City, the Contractor, at no cost to the City,
will remove any City owned/leased vehicle or render road
service, limited to starting stalled vehicles and changing flat
tires. These requests for tow roadside assistance must be
provided within 30 minutes of the call. The Contractor will not
pass the cost of this service on to the subcontractors. Requests
for vehicles disabled outside the City is limited to 150 miles
from the City of Oakland Corporate Yard located at 7101
Edgewater Drive or 5050 Coliseum Way for heavy equipment.
The Contractor may elect to use the services of another tow
service when assistance is requested outside of the City in
order to expedite the return of the vehicle to the City.
e) Relocation Tows
a. At the request of an authorized City Agency, the Contractor
shall relocate vehicles as directed. Examples of this include
moving vehicles or parts of vehicles near a crash site, or due to
some other immediate public safety need.
12. Error Tows
An error tow is defined as a vehicle towed by the City of Oakland, OPD,
when law or policy is not followed by Departmental personnel. An
example of this would be if a vehicle was towed for five or more unpaid
parking citations and it was determined at the time of tow there were less
than five citations associated with the vehicle AND the OPD employee
responsible for towing the vehicle had access to this information, this will
be deemed an error tow. If a vehicle was towed for five or more unpaid
parking citations and the registered owner previously paid the citations,
but the DMV database shows the citations were outstanding at the time of
tow, this will not be deemed an error tow because OPD does not enter or
update the information in State databases relied upon to tow a vehicle.
13. Boot Return
The Contractor is required to accept all boot returns from the public. The
Contractor must store boots in a secure location. OPD personnel will
retrieve boots from the Contractor.
14. Drop of Vehicle
A drop of a vehicle shall be made and no charges shall be assessed
provided a police officer is at the scene and the driver of a vehicle appears
to claim the car before a tow truck driver has completely attached the hook
of the tow truck to the vehicle and/or completely loaded the vehicle on the
tow truck.
Failure to drop the vehicle shall result in fees in the amount of the
Administrative and Referral Fees and the Contractor will reimburse the
driver of the vehicle the cost of the tow plus one hour of the hourly rate of
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the tow truck cost to the Contractor.
15. Tow Release Procedures
Towed vehicles shall be released by the Contractor from Impoundment in
accordance with Section 22850.3 of the California Vehicle Code, and such
rules and regulations as the City of Oakland shall implement.
The Contractor shall have one telephone number the public may call for
information on vehicles towed per an order of the City. Sufficient
telephone lines, equipment, and personnel shall be provided to answer all
calls. The Contractors' personnel answering the phones shall be courteous
and provide complete information and directions regarding the location of
the vehicle, the method of securing the vehicles release, documentation
required, charges to be assessed and terms of payment.
When a person arrives at the primary office and storage location:
a) The Contractor's personnel shall identify the requested vehicle from
the records by license number, Vehicle Identification Number, vehicle
make, date, and location of tow or from other information provided by
claimant.
b) Claimant will be required to provide evidence satisfactory to the
Contractor's personnel that she/he is the person entitled to receive the
vehicle. This shall include, but is not limited to, an official Numbered
Vehicle Release provided to the Registered Owner or his/her agent by
the OPD, a key to the vehicle and a valid drivers license. The
Contractor shall be liable for and hold the City harmless from all
claims out of the improper release of a vehicle. When necessary, the
Police Department shall provide assistance in verifying vehicle
registration information. Responsibility for release of the vehicle to a
person without such evidence devolves fully on the Contractor.
c) When the Contractor's personnel is satisfied the Claimant is entitled to
the vehicle, the Contractor will record the identity of the person, photo
copy the driver' s license, obtain the person's signature, collect the
appropriate fees from the Claimant and then promptly release the
vehicle. The vehicle shall be released to the Claimant within a
maximum of one (1) hour from the time the Claimant begins the
release procedure with the Contractor. If the vehicle is stored at a
Secondary storage facility, customer transportation from the Primary
storage facility to the Secondary storage facility shall be provided by
the Contractor at no charge to the customer. The vehicle may be
transferred from the Secondary storage facility to the Primary storage
facility within the one hour period; however, the Contractor may
charge a vehicle owner a transfer fee for this service.
d) In the event the towed vehicle has been identified as having a Police
Hold (this means the Police have communicated in writing that the
vehicle is to be placed on hold until released in writing), the
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Contractor shall not release the vehicle without designated
authorization from the Police Department.
e) The Contractor's personnel may issue a "personal property release" if
they are satisfied the Claimant is entitled to access to the vehicle and
its contents. The Contractor will inventory what was removed and
have the citizen sign a statement stating the item(s) they removed.
Under no circumstances shall a personal property release be issued if
there is a police hold on the vehicle, unless there is designated OPD
authorization. A personal property release allows the Claimant to enter
the vehicle with supervision and obtain property from the towed
vehicle.
16. Customer Service
The Contractor's employees and subcontractors and the Contractor's
employees and subcontractors shall meet the highest levels of customer
service when interacting with towed vehicle owners at the point of tow,
storage facility, and release areas. Tow Proposers and Storage Proposers
shall submit a customer service plan with the proposal that must include,
but is not limited to the following:
a) Customer service training for all personnel, including subcontractors
b) Method for and dissemination of customer information relative to
reasons for being towed, better parking habits, etc.
c) Customer waiting area layout and system for service ("take number,"
etc.)
d) Standards for cleanliness and safety
e) Prepaid questionnaires for citizens to fill out and mail back. An
electronic system shall include the ability for the Contractor to input
citizens feedback. The Contractor shall respond to feedback where
appropriate and generate monthly and annual reports as well as
graphical representation of the information and certain trends.
f) Adequate customer service staffing, including telephone operators,
window staff and customer service representatives. The City will
check customer service response lines on periodic basis and hold the
Contractor to the standards set forth in Sections 16 a - f.
When OPD requests changes or clarification to the customer service plan,
the Contractor shall have ten (10) working days to return the plan with the
requested changes or clarification.
17. Method of payment and transfer of fees to the City of Oakland.
The Contractor shall accept all forms of payment from the public,
including cash, and with a valid form of identification, cashiers checks,
credit/debit cards (including but not limited to MasterCard, Visa, and
American Express), and ATM cards for all towing fees, storage charges,
and for all City of Oakland Administrative Fees.
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All fees incurred by or loss to the Contractor resulting from the use of
credit/debit or ATM cards shall be considered a normal business expense
and is a cost to the Contractor. All fees due to the City of Oakland shall be
transferred to the City of Oakland in a manner and in a method prescribed
by negotiated agreement between the Contractor and the City of Oakland.
A daily deposit that includes an automated transfer of funds is preferred.
A reconciliation report shall be provided to support the monies deposited
with audit capabilities to verify the fees collected. There shall be ad hoc
revenue reporting capabilities available to City personal at any time to
verify and audit fees collected.
18. Interim Financial Statements
No later than forty-five (45) days after the end of each quarter the
Contractor shall provide to the Citys Finance Department, a financial
statement prepared in accordance with Generally Accepted Accounting
Principles.
19. Interactive Voice Response Venter (IVR)
The Contractor shall have an IVR that has a menu selection, which offers
basic information to the public in English, Spanish, Cantonese, Mandarin,
Vietnamese and any future languages required by the City. The Contractor
shall describe the capability to expand the phone system to include
additional languages. The IVR shall have the ability to queue calls after
the caller requests a live operator and have an alarm system to alert office
staff when a call has been on hold for more than the approved time. The
Contractor shall demonstrate to the City that it has installed the necessary
lines, instruments, hardware, software, and overflow safeguards have been
installed to handle peak workloads.
The Contractors message center shall provide summary reports that
measure:
a) The total number of calls per hour
b) Response time to calls (i.e., number of rings before calls are picked
up)
c) The number of calls that are put through to each menu option
d) Languages accessed
e) The average call wait time with minimums and maximums
f) The number of operators logged in to take calls
Reports will be submitted to the City for approval prior to implementation.
Reports will be submitted to the City and will be due each month no later
than the 5th of the following month.
20. Customer Receipts
The Contractor shall post the entire detailed list of charges on the
following statement "You have 30 days to request a tow hearing from the
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City of Oakland by calling (510) 238-3024." The City may request
changes to the information provided on customer notices at any time.
When demanding payment from a former vehicle owner for deficiency
claims as defined in the California Vehicle Code arising from the disposal
of towed vehicles, the Contractor shall provide the former owner with an
itemized bill.
21. Complaint/Claim Tracking
a) Claims Procedure
The Contractor shall establish a procedure by which customers whose
vehicles have been towed and/or stored may file a Claim against the
Contractor. The Contractor shall respond to all Claims within fourteen
(14 days) of receipt of Claim, either to accept, deny or request further
information for investigation. The Contractor shall plan to resolve each
Claim within 90 days of receipt from Customer, and shall resolve all
Claims within six months unless: Such Claim is abandoned by the
Customers failure to respond to the Contractors communication for a
period of thirty (30) days, or The Claim is filed in court.
The Contractor shall in all cases endeavor to resolve Claims fairly and
expeditiously. The Contractor shall designate a Claims Manager who
shall supervise the Contractor's Claims procedures and shall be
available during regular business hours to discuss Claims with
Customers in person or by telephone. The Contractor shall maintain
records and an audit trail of all Claims filed and of all correspondence
with Customers, denials of Claims, settlement offers and amounts paid
on Claims.
b) Complaint Procedures
The Contractor shall establish a procedure by which Customers may
submit Complaints about the Contractor's performance of the services
under this Agreement. The Contractor shall make available to
Customers a Complaint Form available in English, Spanish,
Cantonese, Mandarin, Vietnamese and any future languages required
by the City. This complaint form shall include a self-addressed prepaid postage envelope. The Contractors Complaint procedures shall
allow Complaints to be submitted by mail, fax or internet. Customers
shall be able to request a Complaint Form by telephone, fax, in person
or by email. The Contractor shall record the name, telephone number,
and address of each Complainant and the details of each Complaint.
The Contractor shall respond to all Complaints, regardless of origin of
request for service (by mail, phone, in person or by internet) within
seven (7) days of receipt of Complaint.
c) Claims/Complaint Status Reports
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The Contractor shall submit a monthly Claims/Complaint Status
Report that contains the following information:
a. Claim/Complaint tracking number
b. Name of Customer/Complainant
c. Date Claim/Complaint received
d. Name of Employee who processed Claim/Complaint
e. Brief description of Claim/Complaint
f. Estimated value of Claim, when available
g. Verified amount of Claim
h. Status of Claim/Complaint
i. Average Claim/Complaint resolution time
j. Brief description of Claim/Complaint resolution
k. Date of resolution of Claim/Complaint
The Contractor shall deliver reports regarding Claims and Complaints
to the City in accordance with the reporting requirements of the Scope
of Services. The Contractor also shall retain any supporting documents
submitted with a Claim or Complaint in accordance with Record
retention requirements of this Agreement. The Contractor shall
respond to City requests to review Records related to Claims and
Complaints within seven days. The Contractor shall track Complaints
and Claims using both paper forms and electronic records. Using
electronic records, the Contractor shall provide the City with
supplemental, specialized reports regarding any Complaint or Claim
upon request within seven (7) days.
d) Claims/Complaint Processing Plan
The Contractor shall provide the City with its Claims/Complaint
Processing Plan, along with the form of Complaint and Claim forms to
be used under this Agreement, within 45 days of the Effective Date of
this Agreement. This plan shall be approved and adopted as part of the
Operations Plan.
The City may establish or modify requirements for such
Complaint/Claim processes. A request for a change or clarification to
the Contractors plan must be responded to within 10 working days.
22. Posting Required
The following documents, which must be printed in Times, New Roman,
14-point bold type, shall be posted by the Contractor at each storage
facility in a conspicuous location easily visible to the public. Actual
signage, multiple languages required, wording, methods of display shall be
approved by the City in advance of posting.
a) A statement that a complete copy of the tow Agreement is available
for review or may be obtained from the City Clerk at a cost per page
b) The name and address of the Contractor's insurance broker handling
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c)
d)
e)
f)
g)
the insurance and bond coverage required by this contract

Schedule of all approved towing, storage and additional charges
specified in this contract or by the City
A notice explaining the procedure by which all unclaimed vehicles are
sold at public auction, including the location of such auctions and
publications in which such auctions are advertised and stating that all
in attendance at such auction shall have an equal opportunity to bid
A notice explaining the conditions under which and the procedure by
which a tow hearing may be requested from City
Notice of vehicle impound rights and obligations of owners under
California Vehicle Code Section 22852
Notice of procedures for filing a claim for damages against the City
and the Contractor for vehicle or vehicle contents damage or loss
resulting from a tow or while in storage
23. Vehicle Auctioneer

The Contractor shall contract for the services of an independent auctioneer
at the Contractors expense. The Contractor shall replace a full-time
auctioneer at least once per year except with the OPDs prior written
approval. Upon the Contractors request, and with prior written approval
by the OPD, an individual who has served as a full-time auctioneer in the
past, but not within the preceding year, may again act as a full-time
auctioneer. A full-time auctioneer is defined as one who has performed
more than 50% of the auctions within a given contract year.
24. Records of Lien Sale or Auction Purchase
The Contractor shall require all persons who purchase vehicles at auction
to show two pieces of identification with current address, one of which
must be a California drivers license or other valid form of photo
identification. The Contractor shall maintain records of each purchaser's
name, address and telephone number for the entire term of this contract
and extensions, if any. The information shall be maintained in the
electronic TVMS database and shall be linked to the vehicle purchased.
The database shall be accessible to the Oakland Police Tow Officer via a
secure internet connection.
25. Vehicle Lien Sale or Auction
The Contractor shall, within forty eight (48) hours of the completion of a
lien sale, by fax or email, provide a list to the OPD and Financial Services
Agency Parking Enforcement Division of all vehicles sold at auction, with
the following information; the sale price, all Contractor costs and fees
collected and any funds collected over and above the Contractor's costs.
The notice shall identify the vehicles by description, Vehicle Identification
Number and (if available) license plate. Within three (3) business days, the
City shall assess the vehicle for outstanding parking fees and shall notify
the Contractor of any such outstanding fees. The Contractor shall remit all
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outstanding parking violation fees prior to sending any surplus funds to
the State Department of Motor Vehicles (DMV). The Contractor must
comply with all California laws and regulations applicable to vehicle lien
sales and auctions, including but not limited to California Department of
Motor Vehicle statutes and regulations and California Civil Code Sections
3071 and 3072.
The Contractor shall have the ability to dispose of vehicles that do not sell
at auction.
26. Staffing Requirements
If the City, at any time, reasonably determines that Contractor is
employing an insufficient number of employees, the Contractor shall hire
such additional employees as the City determines is reasonably necessary
to render the services required under the Agreement.
a) Telephone Operators
The Contractor shall ensure adequate live telephone operators are
available at all times to respond to calls from the public about towed
vehicles. All calls shall be answered and responded to by a live or
automated operator within six rings and without any busy signal.
Caller shall not be put on hold for more than two minutes 98% of the
time. The successful Contractor must comply with the customer
service response time standards set forth within this Section.
During peak hour (Monday through Friday 8:00AM to 5:00PM), there
must be sufficient incoming phone lines to insure on average 97% of
the time a caller will reach an operator within three minutes.
b) Window Staff
During peak tow hours, the Contractor will have sufficient trained staff
to ensure wait time in the customer lobby will be no longer than ten
(10) minutes. The Contractor shall describe the type of system that will
be instituted to monitor wait time and window staffing requirements.
All window staff shall also be available to answer calls from the public
if they are not attending to a customer. The Contractor's telephone
system shall be set up to automatically roll to the next available
operator when calls come in.
c) Customer Service Requirements
The Contractor will have on duty during the following hours - 6am
through 8pm, Monday through Friday, excluding Holidays - at least
one customer service representative to handle customer questions and
out of the ordinary matters in person. Said customer service
representative is in addition to window and management staff and shall
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not be included in that count.
d) Tow Truck Operators
All new tow driver applicants must have a valid California driver's
license and provide proof of attending a tow truck driver school
certified by the California Tow Truck Association (CTTA) upon
applying for the permit. All tow truck operators must be CHP
approved tow truck operators. All tow truck operators and businesses
used by the Contractor shall agree to allow the City to conduct a
background check of all criminal records (compliant with CHP
regulations) at the Citys discretion. The Contractor shall reimburse
the City for the costs associated with the background checks.
The Contractor shall maintain an online database that is accessible by
OPD, which includes current tow truck operator information and
relevant contact information.
e) Subcontractors
The Contractor may subcontract with one or more tow truck operators
for the provision of towing services to the Contractor in accordance
with the Agreement.
All agreements entered into by the Contractor with subcontractors
shall be forwarded to the OPD Tow Detail within five days of signing.
Included with this documentation shall be the required proof of
insurance documents.
f) Licenses and Permits
The Contractor will have and maintain at all times valid city licenses
and permits and shall require the same of any subcontractors. The
Contractor will, at a minimum, audit quarterly all tow truck operators
and businesses to ensure all licenses and permits are up to date and
valid. The City shall reserve the right to direct the Contractor to
perform more frequent audits. The Contractor is responsible for any
and all claims arising out of the failure to maintain current permits and
licenses.
g) Uniforms
All Contractors personnel or subcontractors engaging in the
performance of City impoundment services shall be neat in appearance
and courteous to the public. The Contractor will require tow drivers to
display on their shirt, their City approved Photo ID Badges with them
at all times.
h) Training
The Contractor shall submit a copy of its Employee Training Manual
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with this proposal. The Contractor will schedule every existing or
new employee for 24 hours of outside professional job training
specializing in customer service and approved by the City in advance.
The Contractor will schedule every employee for a minimum of eight
(8) hours of City approved outside professional customer service
training annually thereafter. The Contractor will require certificates of
completion for each employee and shall file these certificates in the
employee personnel files with copies sent to the OPD Tow Detail
within five (5) working days of completion.
These requirements also pertain to subcontracted employees and the
costs shall be borne by the Contractor. The Contractor and all tow
operators hired by the Contractor must be able to obtain a licensed
Vehicle Identification Number (VIN) verification, to find hidden
VINs and to verify title on vehicles where the title is in question.
i) Policy and Procedure Manual
The Contractor shall submit a copy of its Policy and Procedure Manual
with the proposal. The Policy and Procedure manual, at a minimum,
will cover all operational and functional units of the Contractor's
operations including subcontractors. It shall include all forms used
with revision dates. City will review and request changes to the
manual as necessary to ensure compliance with Policies and
Procedures required by City. The Contractor will be responsible for
development and distribution of the Citys approved revisions.
j) Staffing and Management
The Contractor must provide staffing that is able to meet all service
and performance requirements. The Contractor shall maintain an
adequate fleet of tow vehicles and qualified drivers to tow up to
approximately 200 vehicles per day and approximately 1,400 vehicles
per week. The Contractor shall explain how its proposed staffing is
sufficient to provide customer service to meet requested standards and
support defined in this and other sections of the RFP. Staffing based
on the approved plan shall be maintained throughout the Agreement,
including peak periods.
The Contractor must submit a staffing plan with the proposal
indicating the number of people, number of positions and the names,
titles and time allocation percentage of dedication to the proposed
Agreement.
If the City, at any time, reasonably determines the Contractor is
employing an insufficient number of employees, the Contractor shall
hire such additional employees as City determines is reasonably
necessary to render the services required under the Agreement.
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If the City requests any changes to the plan then the Contractor must
resubmit the plan within 10 working days with requested changes
incorporated in the plan.
The Contractor will provide updates for City approval prior to any
changes or substitutions to personnel. The City can request a change or
reject any substitution. The Contractor must notify the City within five
days of the occurrence, any terminations, or resignations by
employees.
k) Manager
The Contractor will have on duty or available by phone, within 10
minutes, at all times, a Manager with the authority to make decisions
relative to Agreement issues. The Contractor will submit a name(s)
and phone numbers (including cell phone) to the City indicating the
person(s) with this authority and their schedule and keep this contact
information up to date.
27. Equipment Requirements
a) Tow Trucks
The Contractor will have adequate regular duty and heavy-duty tow
trucks available to tow all vehicles ordered by the City to be removed
from any public street or highway within the City in accordance with
the State Vehicle Code and the Oakland Municipal Code. Tow trucks
will be in good operating condition and equipped and prepared to
provide expeditious movement of all types of vehicles, including:
a. towing of large and oversized vehicles
b. towing from off-load areas
c. towing in an underground garage
d. recovery services
e. vehicles involved in collisions
f. clean up of vehicle parts
g. vehicles with anti-theft locking devices
All tow trucks used in the performance of City tow services shall be
well maintained and clean on the interior and exterior.
The Contractor shall be in compliance with all California Vehicle
Code requirements pertaining to the operation and maintenance of tow
trucks and operation of its business, including all auxiliary equipment
specified on the California Highway Patrol Form number 234 "Annual
Tow Car Inspection Report". All tow truck operators shall be fully
trained on how to use the equipment, how to properly tow a vehicle
and how to enter all types of vehicles if such vehicles are locked and
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access is needed in order to tow. Damaged tow vehicles must be
repaired within thirty (30) days. Vehicles may be removed from
service at the discretion of the City and may not be returned to service
until these vehicles have passed an inspection by the City. All trucks
shall be subject to City inspections and approvals to be demonstrated
by permits. The Contractor shall pay all permit fees in accordance with
the City fee schedule to be determined.
All tow vehicles used by subcontractors or by the Contractor for the
provision of towing services must bear a sign stating the Contractors/
Subcontractor's trade name, address and telephone number in
characters at least 1 inches high on both sides of the tow vehicle.
All tow vehicles shall bear an identifying number in characters at least
three (3) inches high on both sides of the vehicle. Detachable magnetic
signs may not be used for this purpose. Tow truck operators are not to
be paid on a commission basis per tow.
All tow trucks shall have a California Highway Patrol (CHP)
Inspection (Scales) thirty (30) days prior to their annual inspection by
the OPD Tow Officer.
The Contractor shall maintain an adequate number of forklifts
equipped with wheel lift mechanisms to expedite the timely release of
vehicles.
28. Tow dollies
Tow dollies are only to be used when truly needed on an as required
basis. Examples of when a tow dolly is needed are when towing:
a) Hybrid vehicles
b) Vehicles with an emergency break engaged
c) All-wheel drive and four wheel drive vehicles
Any outstanding circumstances of when a tow dolly should be utilized
must be outlined by the Tow Management Company.
29. Electronic Storing and Retrieval of Tow Inventory Slips
The Contractor shall file tow slips in the TVMS electronically within two
(2) hours of a vehicle being towed. If the tow slips are manually written
then the electronic storage must be by imaging the information and shall
be online retrievable by the City.
30. Police Evidence Holds
At the request of the OPD, the Contractor, at no cost to the City, shall tow
vehicles designated as a "Police Evidence Hold." The Contractor shall
store up to 150 Police Evidence Hold vehicles at any given time at no cost
to the City. The Contractor shall be reimbursed for Police Evidence Hold
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vehicles in excess of 150 vehicles as outlined in Section 31. Nothing
herein prevents the Contractor from collecting tow and storage fees from
the vehicles owner unless such fees are specifically waived by the OPD.
31. Police Evidence Hold Vehicles
The Oakland Police Department may authorize and request the Contractor
to tow and store up to 150 vehicles in connection with law enforcement
matters at any given time. The Contractor shall respond to such requests
promptly and store such vehicles in a clean, well-lit, high security storage
facility. In addition to the segregated area, a high security area shall be
capable of holding 25 vehicles. This area is to be marked as the "Police
Evidence Hold" area and will be secured to the Citys satisfaction. The
area shall be properly illuminated, the surface shall be flat and paved, and
the area shall be kept dry.
The Contractor will further provide the following in the segregated Police
Evidence Hold area:
a) Vehicle hoist/lift
b) Running water
c) Electricity
d) Chemical emergency wash-down system
e) Air compressor
f) Basic tools
g) Lighting to adequately illuminate every vehicle for nighttime
inspection and safety purposes
h) Automatic fire suppression system
i) Working phone jack, installed at the Contractor's expense, with dial
tone for local calls and toll free numbers
j) Industrial first aid kit
The Contractor shall allow authorized City personnel to dismantle and
remove parts from any OPD hold vehicle. All vehicles with no viable
Vehicle Identification Number shall be impounded under a NO ID number
and stored in the Police Evidence Hold Area and will be automatically
held for the OPD Criminal Investigations Division regardless of who
towed the vehicle.
The entry, exit, movement and release of any vehicle from the Police
Evidence Hold area shall be governed by regulations communicated in
writing to the Contractor from the OPD. The Contractor shall neither
charge nor receive any fee or other reimbursement from the City for the
towing or storage of any Police Evidence Hold vehicle provided that the
number of vehicles does not exceed 150 at any given time. In the event
that the number of Police Evidence Hold vehicles held in storage by the
Contractor on any day exceeds the police hold limit, defined as 150
vehicles, the City shall pay the Contractor a daily storage fee equal to ten
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dollars ($10) multiplied by the vehicles held in excess of the police hold
maximum.
The Contractor will be required to record all Police Evidence Holds within
the TVMS. In addition to the Citys access to Police Evidence Hold
information within the TVMS, at the end of each month the Contractor
shall submit to the City a list of all Police Evidence Hold vehicles then
stored by the Contractor. Within fourteen (14) days of receipt of such list,
the City shall inform the Contractor, in writing, of which Police Hold
vehicles on the list may be released from Police hold. If, after the passage
of such fourteen (14) day period, the number of Police Hold vehicles not
authorized for release by OPD exceeds the Police Hold maximum limit,
the Contractor shall submit to the City an invoice for storage fees for such
excess based on the formula set forth above. The bill shall be paid by the
City directly and cannot be deducted from any funds owed to the City
under the Agreement.
The Contractor will be required to move a vehicle out of the no ID area
within 24 hours of a request to do so by the City.
The Contractor will be required to remove or relocate vehicles within or
out of the Police Evidence Hold area within 2 hours of a request by the
City, Monday through Friday, from 6am to 6pm.
32. Transition Plan
The Contractor shall submit a comprehensive description of the
operational and staffing plan for the transfer of the Operations from the
previous operator. This plan shall include:
a) A demonstration of the Contractors understanding of the transfer
process;
b) A demonstration of the Contractors capability of performing in good
faith the transfer from the previous operator
c) A plan for the disposition of any vehicles previously towed and stored
by the previous operator within the timeframe outlined
As per Civil Code Section 3067-3074, the Contractor may file a lien
against a vehicle after seventy two (72) hours. All vehicles towed within
seventy two (72) hours of the new contract implementation by the
previous Contractor shall be transferred to the new Contractors Storage
facility at the new Contractors expense. All vehicles towed outside of the
seventy two (72) hour window by the previous Contractor may be retained
by the previous Contractor. All standard contract terms remain in place.
Data Transfer upon Termination or Expiration
28
_____________________________________________________________
Upon termination or expiration of this Agreement, the Contractor will
ensure all City and End User Data are securely transferred to the City, or a
Third Party designated by the City, within thirty (30) calendar days. The
Contractor will ensure such migration must use facilities and methods that
are compatible with the relevant systems of the City, and that the City will
have access to City and End User Data during the transition. In the event
that it is not possible to transfer the aforementioned data to the City in a
format that does not require proprietary software to access the data, the
Contractor shall provide the City with a perpetual license, unlimited use,
to any proprietary software necessary in order to gain access to the data.
The Contractor will provide the City with no less than ninety (90) calendar
days notice of impending cessation of its business or that of any
Contractors subcontractor and any contingency plans in the event notice
is provided of such cessation. This includes immediate transfer of any
previously escrowed assets and Data as well as providing the City access
to the Contractors facilities to remove and destroy City-owned assets and
Data.
In conjunction with the notice described above, the Contractor will
provide a fully documented service description and perform and document
a gap analysis by examining any differences between its Services and
those to be provided by its successor.
The Contractor will provide a full inventory and configuration of servers,
routers, as well as other hardware and software, involved in service
delivery. Furthermore, the Contractor will submit all supporting
documentation, indicating which, if any of these are owned by or
dedicated to the City.
The Contractor shall implement its contingency and/or exit plans and take
all necessary actions to provide for an effective and efficient transition of
service with minimal disruption to the City. The Contractor will work
closely with its successor to ensure a successful transition to the new
service and/or equipment, with minimal Downtime and effect on the City.
All such work is to be coordinated and performed no less than ninety (90)
calendar days in advance of the formal, final transition date.
33. Liquidated Damages
a) If the Contractor does not meet the Implementation Date for any of the
Dates outlined within this document, the Contractor will pay to the
City Liquidated Damages in the amount of five hundred dollars
($500.00) per day. Only one five hundred dollar ($500.00) liquidated
damages amount will be imposed per day, even if the Contractor does
not meet the Implementation Date for more than one of such
milestones. Liquidated Damages for failing to meet Implementation
29
_____________________________________________________________
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
l)
Dates shall be waived if the Contractor was unable to meet the

deadlines while using commercially reasonable efforts and presents
reasons for the delay that were outside of the control of the Contractor.
Liquidated Damages may be imposed in the amount of seven hundred
fifty dollars ($750) for any month for which the Contractor, on a
cumulative basis, fails to meet any of the L/SLBE participation
requirements.
Liquidated Damages may be imposed for the Contractor failing to
meet response time standards during any given month. The Contractor
may be assessed liquidated damages of five hundred dollars ($500)
and an additional two hundred fifty dollars ($250) for each percentage
point by which the Contractor fails to meet the response time standards
in a given month.
Liquidated Damages may be imposed in the amount of two hundred
fifty dollars ($250) per occurrence for failure of the Contractor to
allow the owner of an impounded vehicle to take possession of the
vehicle within sixty (60) minutes after such owner has presented all
necessary documentation and paid all relevant charges or to allow the
owner of an impounded vehicle to remove personal property from the
vehicle.
Liquidated Damages may be imposed in the amount of fifty dollars
($50) per occurrence for failure of the Contractor to clean an accident
scene.
fifty dollars ($250) per occurrence for the Contractor arriving at the
scene of an accident for the purposes of securing a tow without being
first summoned to that location.
fifty dollars ($250) per occurrence for the Contractor disposing of
and/or removing a vehicle from the storage facility prior to
authorization.
fifty dollars ($250) per occurrence for the Contractor failing to leave
the scene of a cancelled tow.
($50) per occurrence for the Contractor failing to allow access to any
business records.
Liquidated Damages may be imposed in the amount of one hundred
dollars ($100) per occurrence for the Contractor failing to provide any
required reports, including consistently inaccurate reports.
($50) per occurrence for the Contractor failing to consistently provide
accurate information to customers.
fifty dollars ($250) per occurrence for the Contractor failing to comply
with property release provisions.
30
_____________________________________________________________
m) Liquidated Damages will be added to the Contractors monthly
contract payments. The City must notify the Contractor of any other
Liquidated Damages assessed within forty-five (45) days of the event
for which Liquidated Damages are imposed. Once the Contractor is
notified of a Liquidated Damages assessment, such assessment will be
included in the Contractors next regular contract payment.
n) The Contractor and the City agree that the damages for such breaches
of the Agreement as are identified herein are difficult or impossible to
determine at the time of contracting, and the Contractor and the City
agree that the agreed-upon Liquidated Damages are reasonable
estimates of such damages. The Contractor and the City further agree
that such Liquidated Damages will not be construed as a penalty.
31
_____________________________________________________________
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)
a) Requirement For Professional Services, 50% Local and Small
Local Business Enterprise Program (L/SLBE): there is a 50%
minimum participation requirement for all professional services
contracts over $50,000. Consultant status as an Oakland certified local
or small local firm and subcontractor/subconsultant status as an
Oakland certified local or small local firm are taken into account in the
calculation. The requirement may be satisfied by a certified prime
consultant and/or sub-consultant(s). A business must be certified by
the City of Oakland in order to earn credit toward meeting the fifty
percent requirement. The City has waived small local business
enterprise (SLBE) subcontracting requirements for Oakland certified
local businesses that apply for professional services contracts as the
prime consultant with the City. The SLBE requirements still applies
for non-certified LBEs and non-local business enterprises.
b) Good Faith Effort - In light of the fifty percent requirement, good faith
effort documentation is not necessary.
c) Preference Points Preference points are earned based on the level of
participation proposed prior to the award of a contract. Upon satisfying
the minimum fifty percent requirement, a consultant will earn two (2)
preference points. Three additional preference points may be earned at
a rate of one point for every additional ten percent participation up to
eighty percent participation of the total contract dollars spent with
local Oakland certified firms.
d) A firm may earn up to five (5) preference points for local Oakland
business participation and additional preference points for being a long
term certified business in Oakland regardless of size and for having an
Oakland workforce.
e) In those instances where Very Small Local Business Enterprise
(VSLBE) participation is evident, the level of participation will be
32
_____________________________________________________________
double-counted towards meeting the requirement.
f) Additional Preference Points for Request for Proposals (RFP) and
Request for Qualifications (RFQ) may be earned for having an
Oakland resident workforce. Prime consultants seeking additional
preference points for having an Oakland resident workforce must
submit a completed Schedule E-2 titled the Oakland Workforce
Verification Form no more than 4 days after the proposal due
date.
A
copy
of
Schedule
E-2
is
found
on
http://www2.oaklandnet.com/Government/o/CityAdministration/d
/CP/s/FormsSchedules/index.htm.
g) Earning extra preference points for having an existing work force that
includes Oakland residents is considered added value. The Request for
Proposal evaluation process allows for additional preference points
over and above the number of points earned for technical expertise.
Typically 100 points may be earned for the technical elements of the
RFP. Preference points are awarded over and above the potential 100
points.
h) The Exit Report and Affidavit (ERA) This report declares the level
of participation achieved and will be used to calculate banked credits.
The prime consultant must complete the Schedule F, Exit Report and
Affidavit for, and have it executed by, each L/SLBE sub consultant
and submitted to the Office of the City Administrator, Contracts and
Compliance Unit, along with a copy of the final progress payment
application.
i) Joint Venture and Mentor Protg Agreements. If a prime contractor
or prime consultant is able to develop a Joint Venture or MentorProtg relationship with a certified LBE or SLBE, the mentor or
Joint Venture partners will enjoy the benefit of credits against the
participation requirement. In order to earn credit for Joint Venture or
Mentor-Protg relationships, the Agreement must be submitted for
approval to the Office of the City Administrator, Contracts and
Compliance Unit, prior to the project bid date for construction, and by
proposal due date for professional services contracts. Joint Venture
Applications and elements of City approved Mentor Protg relation
are available upon request.
j) Contractor shall submit information concerning the ownership and
workforce composition of Contractors firm as well as its
subcontractors and suppliers, by completing Schedule D, Ownership,
Ethnicity, and Gender Questionnaire, and Schedule E, Project
Consultant Team, attached and incorporated herein and made a part of
this Agreement.
33
_____________________________________________________________
k) All affirmative action efforts of Contractor 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 makeup of their subcontractors 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.
l) In the recruitment of subcontractors, 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 Oaklands business community. The City
Administrator will track the Citys 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.
m) In the use of such recruitment, hiring and retention of employees or
subcontractors, 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
Oaklands business community.
4. The Citys Living Wage Ordinance
This Agreement is subject to the Oakland Living Wage Ordinance. The
Living Wage Ordinance requires that nothing less than a prescribed
minimum level of compensation (a living wage) be paid to employees of
service Contractors (contractors) of the City and employees of CFARs
(Ord. 12050 1, 1998). The Ordinance also requires submission of the
Declaration of Compliance attached and incorporated herein as
Declaration of Compliance Living Wage Form; and made part of this
Agreement, and, unless specific exemptions apply or a waiver is granted,
the contractor must provide the following to its employees who perform
services under or related to this Agreement:
a. Minimum compensation Said employees shall be paid an initial
hourly wage rate of $12.27 with health benefits or $14.10 without
health benefits. These initial rates shall be upwardly adjusted each
year no later than April 1 in proportion to the increase at the
immediately preceding December 31 over the year earlier level of the
Bay Region Consumer Price Index as published by the Bureau of
Labor Statistics, U.S. Department of Labor. Effective July 1, 2015,
Contractor shall pay adjusted wage rates of $12.53 with benefits,
and $14.40 without benefits.
34
_____________________________________________________________
b. Health benefits Said full-time and part-time employees paid at the
lower living wage rate shall be provided health benefits of at least
$1.83 per hour. Contractor shall provide proof that health benefits are
in effect for those employees no later than 30 days after execution of
the contract or receipt of City financial assistance.
c. Compensated days off Said employees shall be entitled to twelve
compensated days off per year for sick leave, vacation or personal
necessity at the employee's request, and ten uncompensated days off
per year for sick leave. Employees shall accrue one compensated day
off per month of full time employment. Part-time employees shall
accrue compensated days off in increments proportional to that
accrued by full-time employees. The employees shall be eligible to
use accrued days off after the first six months of employment or
consistent with company policy, whichever is sooner. Paid holidays,
consistent with established employer policy, may be counted toward
provision of the required 12 compensated days off.
Ten
uncompensated days off shall be made available, as needed, for
personal or immediate family illness after the employee has exhausted
his or her accrued compensated days off for that year.
d. Federal Earned Income Credit (EIC) - To inform employees that he or
she may be eligible for Earned Income Credit (EIC) and shall provide
forms to apply for advance EIC payments to eligible employees. For
more information, web sites include but are not limited to: (1)
http://www.irs.gov
and
http://www.irs.gov/individuals/article/0,,id=96466,00.html
e. Contractor shall provide to all employees and to Contracts and
Compliance, written notice of its obligation to eligible employees
under the Citys Living Wage requirements. Said notice shall be
posted prominently in communal areas of the work site(s) and shall
include the above-referenced information.
f. Contractor shall provide all written notices and forms required above
in English, Spanish or other languages spoken by a significant number
of employees within 30 days of employment under this Agreement.
g. Reporting Contractor shall maintain a listing of the name, address,
hire date, occupation classification, rate of pay and benefits for each of
its employees. Contractor shall provide a copy of said list to the
Office of the City Administrator, Contracts and Compliance Unit, on a
quarterly basis, by March 31, June 30, September 30 and December 31
for the applicable compliance period. Failure to provide said list
within five days of the due date will result in liquidated damages of
five hundred dollars ($500.00) for each day that the list remains
outstanding. Contractor shall maintain employee payroll and related
records for a period of four (4) years after expiration of the compliance
period.
35
_____________________________________________________________
h. Contractor shall require subcontractors that provide services under or
related to this Agreement to comply with the above Living Wage
provisions. Contractor shall include the above-referenced sections in
its subcontracts. Copies of said subcontracts shall be submitted to
Contracts and Compliance.
5. Minimum Wage Ordinance
Pursuant to the Oakland Municipal Code Chapter 5.92, the New Minimum
Wage Law Takes Effect March 2, 2015.
Oakland employers are subject to the federal, state and Oakland minimum
wage laws. When there are conflicting requirements in the laws, the
employer must follow the stricter standard. In the case of minimum wage,
Oakland employers must pay employees the rate that is most beneficial to
the employee. Thus, since Oaklands current law requires a higher
minimum wage rate than does the state and federal law, all employers that
have employees who perform work in Oakland who are subject to the laws
must pay at least the Citys minimum wage rate.
The Measure: (1) establishes a $12.25 per hour minimum wage, (2)
requires paid sick leave and (3) requires payment of service charges to
hospitality workers.
For further information, please go to the following website:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWag
e/OAK051451
6. Equal Benefits Ordinance

This Agreement is subject to the Equal Benefits Ordinance of Chapter
2.32 of the Oakland Municipal Code and its implementing regulations.
The purpose of this Ordinance is to protect and further the public, health,
safety, convenience, comfort, property and general welfare by requiring
that public funds be expended in a manner so as to prohibit discrimination
in the provision of employee benefits by City Contractors (contractors)
between employees with spouses and employees with domestic partners,
and/or between domestic partners and spouses of such employees. (Ord.
12394 (part), 2001)
The following contractors are subject to the Equal Benefits Ordinance:
Entities which enter into a "contract" with the City for an amount of
twenty-five thousand dollars ($25,000.00) 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
36
_____________________________________________________________
of or collected by the city; and Entities which enter into a "property
contract" pursuant to Section 2.32.020(D) with the City in an amount of
twenty-five thousand dollars ($25,000.00) or more for the exclusive use of
or occupancy (1) of real property owned or controlled by the city or (2) of
real property owned by others for the citys use or occupancy, for a term
exceeding twenty-nine (29) days in any calendar year.
The Ordinance shall only apply to those portions of a Contractors
operations that occur (1) within the City; (2) on real property outside the
City if the property is owned by the City or if the City has a right to
occupy the property, and if the contracts presence at that location is
connected to a contract with the City; and (3) elsewhere in the United
States where work related to a City contract is being performed. The
requirements of this chapter shall not apply to subcontracts or subcontractors.
The Equal Benefits Ordinance requires among other things, submission of
the attached and incorporated herein as Schedule N-1, Equal BenefitsDeclaration of Nondiscrimination form. For more information, see
http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQ
BEOR.html#TOPTITLE
7. Prompt Payment Ordinance OMC Section 2.06.070 Prompt Payment
Terms Required in Notices Inviting Bids, Requests for
Proposals/Qualifications and Purchase Contracts
This Agreement is subject to the Prompt Payment Ordinance of Oakland
Municipal Code, Title 2, Chapter 2.06. The Ordinance requires that, unless
specific exemptions apply. Contractor and its subcontractors shall pay
undisputed invoices of their subcontractors for goods and/or services
within twenty (20) business days of submission of invoices unless the
Contractor or its subcontractors notify the Liaison in writing within five
(5) business days that there is a bona fide dispute between the Contractor
or its subcontractor and claimant, in which 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 City of Oakland
Liaison upon the filing of a compliant. 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 Contractor or its subcontractor fails or refuses to deposit
security, the City will withhold an amount sufficient to cover the claim
from the next Contractor progress payment. The City, upon a
determination that an undisputed invoice or payment is late, will release
security deposits or withholds directly to claimants for valid claims.
37
_____________________________________________________________
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. Contractor and its
subcontractors shall be required to pass on to and 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, Contractor and
its subcontractors, are required to file notice with the City of release of
retention and payment of mobilization fees, within five (5) business days
of such payment or release; and, Contractors are required to file an
affidavit, under penalty of perjury, that he or she has paid all
subcontractors, within five (5) business days following receipt of payment
from the City, The affidavit shall provide the names and address of all
subcontractors and the amount paid to each.
Contractor and its subcontractors shall include the same or similar
provisions as those set forth above in this section in any contract with a
contractor or subcontractor that delivers goods and/or services pursuant to
or in connection with a City of Oakland purchase contract.
Prompt Payment invoice and claim forms are available at the following
City of Oakland website: http://www2.oaklandnet.com/Government/o/City
Administration/d/CP/s/FormsSchedules/index.htm or at Contracts and
Compliance, 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612.
Invoice and claim inquiries should be directed to Vivian Inman, City of
Oakland Prompt Payment Liaison, 510-238-6261 or email
vinman@oaklandnet.com.
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 Contractors 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
38
_____________________________________________________________
compensation, and selection for training, including apprenticeship.
b. Contractor and Contractors 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 Contractors commitments under this
nondiscrimination clause and shall post copies of the notice in
conspicuous places available to employees and applicants for
employment.
e. Contractor shall submit information concerning the ownership and
workforce composition of Contractors 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.
39
_____________________________________________________________
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 Oaklands business community. The City
Administrator will track the Citys 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
Oaklands business community.
9. Arizona and Arizona-Based Businesses
Contractor agrees that in accordance with Resolution No. 82727 C.M.S.,
neither it nor any of its subsidiaries, affiliates or agents that will provide
services under this agreement is currently headquartered in the State of
Arizona, and shall not establish an Arizona business headquarters for the
duration of this agreement with the City of Oakland or until Arizona
rescinds SB 1070.
Contractor acknowledges its duty to notify Contracts and Compliance
Division, Office of the City Administrator if its 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. Pending Dispute Disclosure Policy:
Contractors are required to disclose pending disputes with the City of
Oakland or Redevelopment Agency when they are involved in submitting
bids, proposals or applications for a City or Agency 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 execution of this agreement. The City will
provide a form for such disclosure upon Contractors request. Failure to
disclose pending disputes prior to execution of this amendment shall be a
basis for termination of this agreement.
11. City of Oakland Campaign Contribution Limits
40
_____________________________________________________________
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.
12. 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 Oaklands
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.
13. Sample Professional Service Agreement
This Agreement is subject to the attached Sample Professional Service
Agreement.
14. 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
Contractors 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 Citys Risk Manager,
Contractors
must
provide
the
insurance
as
found
at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/F
ormsSchedules/index.htm (Schedule Q). A copy of the requirements are
41
_____________________________________________________________
attached and incorporated herein by reference. Liability insurance shall be
provided in accordance with the requirements specified.
When providing the insurance, include the Project Name and Project
Number on the ACORD form in the section marked Description of
Operations/Locations.
When providing the insurance, the Certificate Holder should be listed
as: City of Oakland, Contracts and Compliance, 250 Frank H. Ogawa
Plaza, Suite 3341, Oakland, CA 94612.
15. City Contractor Performance Evaluation
At the end of the project, the Project Manager will evaluate the
Contractors Performance in accordance with the City Contractor
Performance Evaluation program.
16. Violation Of Federal, State, City/Agency Laws, Programs Or Policies:
The City or Agency may, in their sole discretion, consider violations of
any programs and policies described or referenced in this Request for
Proposal, a material breach and may take enforcement action provided
under the law, programs or policies, and/or terminate the contract, debar
contractors from further contracts with City and Agency and/or take any
other action or invoke any other remedy available under law or equity.
17. Contractors 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.
Contractors services will be performed in accordance with the generally
accepted principles and practices applicable to Contractors trade or
profession. The Contractor warrants that the Contractor, and the
Contractors 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 Contractors 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 Citys
program. This means Contractor is able to fulfill the requirements of this
Agreement. Failure to perform all of the services required under this
Agreement will constitute a material breach of the Agreement and may be
cause for termination of the Agreement. Contractor has complete and sole
discretion for the manner in which the work under this Agreement is
performed. Prior to execution of this agreement, Contractor shall complete
the Independent Contractor Questionnaire, Part A, attached hereto.
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18. The following City staff are available to answer questions:
RFP and Project related issues:
Project Manager: Kiona Suttle, (510) 238-6886
Contract Analyst: Paula Peav, (510) 238-3190
Compliance: Deborah Barnes, dbarnes@oaklandnet.com
19. All responses to the RFP become the property of the City.
20. The RFP does not commit the City to award a contract or to pay any cost
incurred in the preparation of the proposal.
21. The City reserves the sole right to evaluate each proposal and to accept or
reject any or all proposals received as a result of the RFP process.
22. The City reserves the unqualified right to modify, suspend, or terminate
at its sole discretion any and all aspects of the RFP and/or RFP process,
to obtain further information from any and all Contractor teams and to
waive any defects as to form or content of the RFP or any responses by
any contractor teams.
23. The City may require a service provider to participate in negotiations and
submit technical information or other revisions to the service providers
qualifications as may result from negotiations.
24.
Once a final award is made, all RFP responses, except financial and
proprietary information, become a matter of public record and shall be
regarded by the City as public records. The City shall not in any way be
liable or responsible for the disclosure of any such records or portions
thereof if the disclosure is made pursuant to a request under the Public
Records Act or the City of Oakland Sunshine Ordinance.
25.
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.
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B.
SUBMITTAL REQUIREMENTS
Submit six (6) copies of proposal. The proposals are due at the Department
of Contracts and Compliance, Office of the City Administrator, 250 Frank
H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 time stamped by no later
than 2:00 P.M. June 25, 2015.
All proposals submitted via US Mail or common carrier must be delivered in a
sealed package with the project name, submittal date, time and location of the
proposals on the outside of the package or the documents.
C.
REQUIRED PROPOSAL ELEMENTS AND FORMAT

1. Transmittal Letter
a.
Addressed to John Flores, City Administrator, Office of the City

Administrator, City Hall, 1 Frank Ogawa Plaza, 3rd Floor,
Oakland, California, 94612. (Please do not submit proposals to
this address).
b.
Signed by an officer of the consultant. In case of joint venture or

other joint-prime relationship, an officer of each venture partner
shall sign.
2. Project Team
a.
In response to this RFP, the prime contractor shall be qualified

consulting firm. For LBEs/SLBEs, submit a copy of current
business license and date established in Oakland.
b.
Sub-Consultants (if used): list addresses, telephone numbers and

areas of expertise of each. Briefly describe the project
responsibility of each team member. Identify which contractors
are MBE, WBE, Local Business Enterprises (LBE) and Small
Local Business Enterprise (SLBE). Additionally, for
LBEs/SLBEs, submit a copy of current business license and date
established in Oakland.
3. Project Personnel
a.
Prime(s): Provide a detailed resume of the proposed principalin-charge, lead person and the project manager(s). The Project
Manager(s) shall be a full-time employee of the prime(s).
Clearly identify experience.
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b.
Sub- Consultants: Provide a detailed resume of the proposed

project manager, who shall be a full-time employee of each subcontractor for this project. Clearly identify relevant experience.
He/she shall be a professional currently licensed in the State of
California.
4. Relevant Experience
a.
Describe experiences performing similar functions in three local

government operations to include a brief description of
recommendations and outcomes.
b.
If the team has worked together collaboratively, please include a

description of this work.
c.
Describe experiences and ability to work effectively with City

staff, community groups, and other stakeholders.
5. Project Approach and Organization

a.
Present your concept of the approach and organization required

for this project. Indicate your understanding of the critical
project elements.
b.
Describe how you intend to interface with City staff and the
community.
6. References
a.
Prime Consultant(s): Three business related references, giving

name, company, address, telephone number and business
relationship.
b.
Proposed Project Manager(s): Two business related references,

giving name, company, address, telephone number and business
relationship to project manager.
7. Billing Rates
a.
Provide a complete list of all staff hourly rates by category, i.e.,

Principal, Project Manager, Project Professional, Technician,
Clerical, etc. Hourly rates shall be all-inclusive, i.e., base salary,
fringe benefits, overhead, profit, etc.
b.
Shall be all-inclusive, i.e., base salary, fringe benefits, overhead,

profit, etc.
8. Submittals are validated using the following RFQ Checklist.

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a
Schedules (Required with submission)

1. Schedule E - Project Consultant Team
2. Schedule O - Campaign Contribution Limits
9. Other schedules must be submitted prior to full contract execution and are
available at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/For
msSchedules/index.htm
10. Addenda - Proposal and Acknowledgment of all Addenda if issued, please
provide signed addenda and submit with proposal.
11. Proprietary Information: All responses to the RFQ become the property of
the City. To withhold financial and proprietary information, please label
each page as "confidential" or "proprietary".
12. Public Records Act or Sunshine Ordinance: Although a document may be
labeled "confidential" or "proprietary", information is still subject to
disclosure under the Public Records Act or Sunshine Ordinance, and is, at
the City's discretion, based on the potential impact of the publics interests
whether or not to disclose "confidential" or "proprietary" information.
D.
REJECTION OF PROPOSAL ELEMENTS

The City reserves the right to reject any or all proposals, whether or not
minimum qualifications are met, and to modify, postpone, or cancel this RFP
without liability, obligation, or commitment to any party, firm, or organization.
The City reserves the right to request and obtain additional information from
any candidate submitting a proposal. A proposal may be rejected for any of the
following reasons:
Proposal received after designated time and date.
Proposal not in compliance with the City of Oakland Local/Small Local

Business Enterprise Program.
Proposal not containing the required elements, exhibits, nor organized in the
required format.
Proposal considered not fully responsive to this RFP.
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E.
EVALUATION OF PROPOSALS This process is subject to change.

The following sample of criteria and the points for each criterion, for a total of
110 points, may be used in evaluating and rating the proposals:
1) Relevant Experience ..30 points
Past, recently completed, or on-going local government projects to
substantiate experience.
Experience on at least three (3) projects providing services similar to
those described in this RFQ.
Prior experience and ability to work with City staff, community groups,
and other stakeholders.
2) Qualifications .25 points
Professional background and qualifications of team members and firms
comprising the team.
3) Organization .20 points
Current workload, available staff and resources.
Capacity and flexibility to meet schedules, including any unexpected
work.
Ability to perform on short notice and under time constraints.
Cost control procedures in design and construction.
Ability to perform numerous projects at the same time.
4) Approach .20 points
Understanding of the nature and extent of the services required.
A specific outline of how the work will be performed.
Awareness of potential problems and providing possible solutions.
Special resources the team offers that are relevant to the successful
completion of the project.
5) L/SLBE Certified Business Participation ............................2-5 Points

6) Other Factors..10 points
Presentation, completeness, clarity, organization, and responsiveness
of proposal.
F.
INTERVIEWS OF SHORT-LISTED FIRMS This process is subject to

change.
Interviews of short-listed qualified candidates may be held if a selection is not
made from the evaluation phase.
1) It is anticipated that approximately three teams will be invited to interview.
The selected teams will be notified in writing, and will be required to submit
a detailed work scope, work schedule, and labor distribution spreadsheet
(estimated hours by task by staff) the day before the interview. It is
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presently anticipated that the interviews will be conducted within five (5)
working days of notification.
2) The interviews will last approximately 60 minutes, with the time allocated
equally between the teams presentation and a question-and-answer period.
The teams should be prepared to discuss at the interview their specific
experience providing services similar to those described in the RFP, project
approach, estimated work effort, available resources, and other pertinent
areas that would distinguish them. Interviews will be held at a City of
Oakland office (exact location to be determined).
3) Overall Rating Criteria: The following specific criteria and the points for
each criterion, for a total of 100 points, will be used in evaluating and rating
the short-listed firms:
a) Presentation:..40 points
(Scoring criteria is similar to that of the proposal criteria.)
Relevant Experience
Qualifications.
Organization.
Approach.
Other Factors
b) Request for Proposal Submittal:.25 points
Total points from the initial review of proposals will be
allocated proportionally based on a maximum allowance of
20 points
c) Interview / Questions:35 points
Overall Rating Criteria: The following specific criteria and the points for
each criterion, for a total of 100 points, will be used in evaluating and rating
the short-listed firms The City anticipates the tentative schedule of events to
be as follows:
Only those contractors meeting the relevant experience and submit the SOQ
will be invited for interviews.
4) The City anticipates the tentative schedule of events to be as follows:
Distribution of RFP/RFQ
June 6, 2015
Pre-proposal Meeting
2:00 P.M., June 12, 2015
Submission of RFP/RFQ
2:00 P.M., June 25, 2015
Evaluation of Rankings
2:00 P.M., July 3-6, 2015
Notification of Interviews
July 6, 2015
Interviews
July 8, 2015
Contract Negotiations
TBD
Contract Documentation Distribution
TBD
Contract Award
TBD
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G.
CONTRACT NEGOTIATIONS AND AWARD- SUBJECT OT CHANGE

1. The completion of this evaluation process will result in the contractor being
numerically ranked. The contractor ranked first will be invited to participate
in contract negotiations. Should the City and the first ranked contractor not
be able to reach an agreement as to the contract terms within a reasonable
timeframe, the City may terminate the negotiations and begin negotiations
with the contractor that is next in line.
2. The contract amount (including reimbursements) shall be a not to exceed
amount, to be established based upon a mutually agreeable Scope of
Services and fee schedule.
3. The City will withhold the final 10% of contract amount pending successful
completion of work.
4. Upon successful completion of the negotiations, the City Administrator will
award the contract to the selected contractor.
5. A sample City standard professional services agreement is included in the
RFQ as referenced as Attachment A Sample Agreement. The selected
contractor will be required to enter into a contract that contains similar terms
and conditions as in the standard agreement. Please note that the City
Attorneys Office is typically not inclined to make any modifications to the
standard agreement terms and provisions.
6. Upon award the City will issue a Notice to proceed.
7. The selected contractor and its other members will be required to maintain
auditable records, documents, and papers for inspection by authorized local,
state and federal representatives. Therefore, the contractor and its other
members may be required to undergo an evaluation to demonstrate that the
contractor uses recognized accounting and financial procedures.
END OF RFP
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ATTACHMENT 1
FEE BID FORM
Proposers are asked to complete this form for Tow Vehicle Management Services. The
City reserves the right to accept a proposal other than the highest priced offer and to reject
any proposals that are not responsive to this request
Total quoted pricing must be inclusive of all required hardware, software, licensing,
deliverables, project management, system analysis and design, training and knowledge
transfer, required interfaces, system testing and tuning, documentation, data conversion,
customizations, and other products or professional services required to fully implement the
solution offered.
PROPOSAL: Tow Vehicle Management Services (TVMS)
A. Proposer TVMS Fee per vehicle towed ___________
PROPOSAL: Tow Management - Impound Lot/Storage & Auction Services
A. Proposer Referral Fee per vehicle towed (not to be less than $104.58)____________
B. Proposer Gross Revenue Percentage Fee (not to be less than 0.32%) ____________
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ATTACHMENT A
SAMPLE
PROFESSIONAL OR SPECIALIZED SERVICE AGREEMENT
BETWEEN THE CITY OF OAKLAND
AND
Name of Contractor
Whereas, the City Council has authorized the City Administrator to enter into contracts for
professional or specialized services if the mandates of Oakland City Charter Section 902(e) have
been met.
Now therefore the parties to this Agreement covenant as follows:
1. Parties and Effective Date
This Agreement is made and entered into as of Month, date, year between the City of
Oakland, a municipal corporation, (City), One Frank H. Ogawa Plaza, Oakland,
California 94612, and
Name of Contractor (Contractor)
2. Scope of Services
Contractor agrees to perform the services specified in Schedule A, Scope of Services
attached to this Agreement and incorporated herein by reference. Contractor shall
designate an individual who shall be responsible for communications with the City for
the duration of this Agreement. Schedule A includes the manner of payment. The
Project Manager for the City shall be Project Manager.
3. Time of Performance
Contractors services shall begin on Month, Date, Year and shall be completed Month,
Date, Year.
4. Compensation and Method of Payment
Contractor will be paid for performance of the scope of services an amount that will be
based upon actual costs but that will be Capped so as not to exceed $Amount, based
upon the scope of services in Schedule A and the budget by deliverable task and billing
rates in Schedule B. The maximum that will be charged for the entire scope of work will
not exceed the Capped amount, even if the Contractors actual costs exceed the Capped
amount. Invoices shall state a description of the deliverable completed and the amount
due. Payment will be due upon completion and acceptance of the deliverables as specified
in the Scope of Services.
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In the aggregate, progress payments will not exceed ninety percent (90%) of the total
amount of the contract, with the balance to be paid upon satisfactory completion of the
contract. Progress, or other payments, will be based on at least equivalent services
rendered, and will not be made in advance of services rendered.
In computing the amount of any progress payment (this includes any partial payment of
the contract price during the progress of the work, even though the work is broken
down into clearly identifiable stages, or separate tasks), the City will determine the
amount that the contractor has earned during the period for which payment is being
made, on the basis of the contract terms. The City will retain out of such earnings an
amount at least equal to ten percent (10%), pending satisfactory completion of the
entire contract.
5. Independent Contractor
a.
Rights and Responsibilities

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 and shall retain the right to exercise full
control and supervision of the services, and full control over the employment,
direction, compensation and discharge of all persons assisting Contractor in the
performance of Contractors 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
Contractors subordinates and employees. Contractor will determine the method,
details and means of performing the services described in Schedule A.
b.
Contractors 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. The Contractor warrants that
the Contractor, and the Contractors employees and sub-consultants 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 Contractors 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 Citys 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
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Agreement is performed. Prior to execution of this agreement, Contractor shall
complete Schedule M, Independent Contractor Questionnaire, attached hereto.
c.
Payment of Income Taxes

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 Contractors failure to comply with this provision.
d.
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.
e.
Tools, Materials and Equipment

Contractor will supply all tools, materials and equipment required to perform the
services under this Agreement.
f.
Cooperation of the City

The City agrees to comply with all reasonable requests of Contractor necessary to
the performance of Contractors duties under this Agreement.
g.
Extra Work
Contractor will do no extra work under this Agreement without first receiving
prior written authorization from the City.
6. Proprietary or Confidential Information of the City

Contractor understands and agrees that, in the performance of the work or services
under this Agreement or in contemplation thereof, Contractor may have access to
private or confidential information which may be owned or controlled by the City and
that such information may contain proprietary or confidential details, the disclosure of
which to third parties may be damaging to the City. Contractor agrees that all
information disclosed by the City to Contractor shall be held in confidence and used
only in performance of the Agreement. Contractor shall exercise the same standard of
care to protect such information as a reasonably prudent contractor would use to protect
its own proprietary data.
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7. Ownership of Results
Any interest of Contractor or its Subcontractors, in specifications, studies, reports,
memoranda, computation documents prepared by Contractor or its Subcontractors in
drawings, plans, sheets or other connection with services to be performed under this
Agreement shall be assigned and transmitted to the City. However, Contractor may
retain and use copies for reference and as documentation of its experience and
capabilities.
8. Copyright
Contractor shall execute appropriate documents to assign to the City the copyright to
works created pursuant to this Agreement.
9. Audit
Contractor shall maintain (a) a full set of accounting records in accordance with generally
accepted accounting principles and procedures for all funds received under this
Agreement; and (b) full and complete documentation of performance related matters such
as benchmarks and deliverables associated with this Agreement.
Contractor shall (a) permit the City to have access to those records for the purpose of
making an audit, examination or review of financial and performance data pertaining to
this Agreement; and (b) maintain such records for a period of four years following the last
fiscal year during which the City paid an invoice to Contractor under this Agreement.
In addition to the above, Contractor agrees to comply with all audit, inspection,
recordkeeping and fiscal reporting requirements incorporated by reference.
10. Agents/Brokers
Contractor warrants that Contractor has not employed or retained any subcontractor,
agent, company or person other than bona fide, full-time employees of Contractor working
solely for Contractor, to solicit or secure this Agreement, and that Contractor has not paid
or agreed to pay any subcontractor, agent, company or persons other than bona fide
employees any fee, commission, percentage, gifts or any other consideration, contingent
upon or resulting from the award of this Agreement. For breach or violation of this
warranty, the City shall have the right to rescind this Agreement without liability or, in its
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage or gift.
11. Assignment
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Contractor shall not assign or otherwise transfer any rights, duties, obligations or interest
in this Agreement or arising hereunder to any person, persons, entity or entities
whatsoever without the prior written consent of the City and any attempt to assign or
transfer without such prior written consent shall be void. Consent to any single
assignment or transfer shall not constitute consent to any further assignment or transfer.
12. Publicity
Any publicity generated by Contractor for the project funded pursuant to this Agreement,
during the term of this Agreement or for one year thereafter, will make reference to the
contribution of the City of Oakland in making the project possible. The words City of
Oakland will be explicitly stated in all pieces of publicity, including but not limited to
flyers, press releases, posters, brochures, public service announcements, interviews and
newspaper articles.
City staff will be available whenever possible at the request of Contractor to assist
Contractor in generating publicity for the project funded pursuant to this Agreement.
Contractor further agrees to cooperate with authorized City officials and staff in any Citygenerated publicity or promotional activities undertaken with respect to this project.
13. Title of Property
Title to all property, real and personal, acquired by the Contractor from City funds shall
vest in the name of the City of Oakland and shall be accounted for by means of a formal
set of property records. Contractor acknowledges it is responsible for the protection,
maintenance and preservation of all such property held in custody for the City during the
term of the Agreement. The Contractor shall, upon expiration of termination of this
Agreement, deliver to the City all of said property and documents evidencing title to same.
In the case of lost or stolen items or equipment, the Contractor shall immediately notify
the Police Department, obtain a written police report and notify the City in accordance
with Notice section of this Agreement.
Contractor shall provide to the City Auditor all property-related audit and other reports
required under this Agreement. In the case of lost or stolen items or equipment, the
Contractor shall immediately notify the Police Department, obtain a written police report
and notify the City in accordance with the Notice section of this Agreement.
Prior to the disposition or sale of any real or personal property acquired with City
funds, Contractor shall obtain approval by the City Council and City Administrator in
accord with the requirements for disposal or sale of real or personal surplus property set
forth in the Oakland City Charter and/or Oakland Municipal Code Title 2.04, Chapter
2.04.120. Surplus supplies and equipment Disposal or Destruction.
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14. Insurance
Unless a written waiver is obtained from the Citys Risk Manager, Contractor must
provide the insurance listed in Schedule Q, Insurance Requirements. Schedule Q is
attached at the end of this sample agreement and incorporated herein by reference.
15. Indemnification
a. Notwithstanding any other provision of this Agreement, Contractor shall indemnify
and hold harmless (and at Citys request, defend) City, and each of their respective
Councilmembers, officers, partners, agents, and employees (each of which persons
and organizations are referred to collectively herein as "Indemnitees" or
individually as "Indemnitee") from and against any and all liabilities, claims,
lawsuits, losses, damages, demands, debts, liens, costs, judgments, obligations,
administrative or regulatory fines or penalties, actions or causes of action, and
expenses (including reasonable attorneys' fees) caused by or arising out of any:
(i)
Breach of Contractor's obligations, representations or warranties under this

Agreement;
(ii) Act or failure to act in the course of performance by Contractor under this
Agreement;
(iii) Negligent or willful acts or omissions in the course of performance by
Contractor under this Agreement;
(iv)
(v)
Claim for personal injury (including death) or property damage to the extent
based on the strict liability or caused by any negligent act, error or omission
of Contractor;
Unauthorized use or disclosure by Contractor of Confidential Information as
provided in Section 6 Proprietary of Confidential Information of the City
above; and
(vi) Claim of infringement or alleged violation of any United States patent right or
copyright, trade secret, trademark, or service mark or other proprietary or
intellectual property rights of any third party.
b. For purposes of the preceding Subsections (i) through (vi), the term Contractor
includes Contractor, its officers, directors, employees, representatives, agents,
servants, sub-consultants and subcontractors.
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c. City shall give Contractor prompt written notice of any such claim of loss or
damage and shall cooperate with Contractor, in the defense and all related
settlement negotiations to the extent that cooperation does not conflict with City's
interests.
d. Notwithstanding the foregoing, City shall have the right if Contractor fails or
refuses to defend City with Counsel acceptable to City to engage its own counsel
for the purposes of participating in the defense. In addition, City shall have the right
to withhold any payments due Contractor in the amount of anticipated defense costs
plus additional reasonable amounts as security for Contractor's obligations under
this Section 15. In no event shall Contractor agree to the settlement of any claim
described herein without the prior written consent of City.
e. Contractor acknowledges and agrees that it has an immediate and independent
obligation to indemnify and defend Indemnitees from any action or claim which
potentially falls within this indemnification provision, which obligation shall arise
at the time any action or claim is tendered to Contractor by City and continues at all
times thereafter, without regard to any alleged or actual contributory negligence of
any Indemnitee. Notwithstanding anything to the contrary contained herein,
Contractors liability under this Agreement shall not apply to any action or claim
arising from the sole negligence, active negligence or willful misconduct of an
Indemnitee.
f. All of Contractors obligations under this Section 15 are intended to apply to the
fullest extent permitted by law (including, without limitation, California Civil Code
Section 2782) and shall survive the expiration or sooner termination of this
Agreement.
g. The indemnity set forth in this Section 15 shall not be limited by the Citys
insurance requirements contained in Schedule Q hereof, or by any other provision
of this Agreement. Citys liability under this Agreement shall be limited to
payment of Contractor in accord to the terms and conditions under this Agreement
and shall exclude any liability whatsoever for consequential or indirect damages
even if such damages are foreseeable.
16.
Right to Offset Claims for Money

All claims for money due or to become due from City shall be subject to deduction or
offset by City from any monies due Contractor by reason of any claim or counterclaim
arising out of: i) this Agreement, or ii) any purchase order, or iii) any other transaction
with Contractor.
17.
Prompt Payment Ordinance

This contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code,
Title 2, Chapter 2.06 (Ordinance 12857 C.M.S, passed January 15, 2008 and effective
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February 1, 2008). The Ordinance requires that, unless specific exemptions apply, the
Contractor and its subcontractors shall pay undisputed invoices of their subcontractors
for goods and/or services within twenty (20) business days of submission of invoices
unless the Contractor or its subcontractors notify the Liaison in writing within five (5)
business days that there is a bona fide dispute between the Contractor or its
subcontractor and claimant, in which case the Contractor or its subcontractor may
withhold the disputed amount but shall pay the undisputed amount.
Disputed late payments are subject to investigation by the City of Oakland Liaison,
Division of Contracts and Compliance upon the filing of a complaint. 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
Contractor or its subcontractor fails or refuses to deposit security, the City will
withhold an amount sufficient to cover the claim from the next Contractor progress
payment. The City, upon a determination that an undisputed invoice or payment is late,
will release security deposits or withholds directly to claimants for valid claims.
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.
Contractor and its subcontractors shall be required to pass on to and 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, Contractor and its subcontractors, are
required to file notice with the City of release of retention and payment of mobilization
fees, within five (5) business days of such payment or release; and, Contractor is
required to file an affidavit, under penalty of perjury, that he or she has paid all
subcontractors, within five (5) business days following receipt of payment from the
City. The affidavit shall provide the names and address of all subcontractors and the
amount paid to each.
If any amount due by a prime contractor or subcontractor to any claimant for goods
and/or services rendered in connection with a purchase contract is not timely paid in
accordance the Prompt Payment ordinance, the prime Contractor or subcontractor shall
owe and pay to the claimant interest penalty in the amount of ten percent (10%) of the
improperly withheld amount per year for every month that payment is not made,
provided the claimant agrees to release the prime contractor or subcontractor from any
and all further interest penalty that may be claimed or collected on the amount paid.
Claimants that receive interest payments for late payment Prompt Payment ordinance
may not seek further interest penalties on the same late payment in law or equity.
Contractor and its subcontractors shall include the same or similar provisions as those
set forth above in this section in any contract with another contractor or subcontractor
that delivers goods and/or services pursuant to or in connection with this City of
Oakland purchase contract.
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Prompt Payment invoice and claim forms are available at the following City of Oakland
website:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedule
s/index.htm or at Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341,
Oakland, CA 94612. Invoice and claim inquiries should be directed to Vivian Inman,
City of Oakland Prompt Payment Liaison, 510-238-6261 or email
vinman@oaklandnet.com.
18.
Arizona and Arizona-Based Businesses

Contractor agrees that in accordance with Resolution No. 82727 C.M.S., neither it nor
any of its subsidiaries, affiliates or agents that will provide services under this
agreement is currently headquartered in the State of Arizona, and shall not establish an
Arizona business headquarters for the duration of this agreement with the City of
Oakland or until Arizona rescinds SB 1070.
Contractor acknowledges its duty to notify the Purchasing Department if its 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.
19.
Dispute Disclosure
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 or Agency
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 execution of this agreement. The City will provide a form
for such disclosure upon Contractors request. Failure to disclose pending disputes
prior to execution of this amendment shall be a basis for termination of this agreement.
20.
Termination on Notice
The City may terminate this Agreement immediately for cause or without cause upon
giving (30) calendar days written notice to Contractor. Unless otherwise terminated as
provided in this Agreement, this Agreement will terminate on month date year.
21.
Conflict of Interest
a.
Contractor
The following protections against conflict of interest will be upheld:
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i.
Contractor certifies that no member of, or delegate to the Congress of the

United States shall be permitted to share or take part in this Agreement or
in any benefit arising therefrom.
ii.
Contractor certifies that no member, officer, or employee of the City or its

designees or agents, and no other public official of the City who exercises
any functions or responsibilities with respect to the programs or projects
covered by this Agreement, shall have any interest, direct or indirect in this
Agreement, or in its proceeds during his/her tenure or for one year
thereafter.
iii.
Contractor shall immediately notify the City of any real or possible conflict
of interest between work performed for the City and for other clients
served by Contractor.
iv.
Contractor warrants and represents, to the best of its present knowledge,

that no public official or employee of City who has been involved in the
making of this Agreement, or who is a member of a City board or
commission which has been involved in the making of this Agreement
whether in an advisory or decision-making capacity, has or will receive
a direct or indirect financial interest in this Agreement in violation of the
rules contained in California Government Code Section 1090 et seq.,
pertaining to conflicts of interest in public contracting. Contractor shall
exercise due diligence to ensure that no such official will receive such an
interest.
v.
Contractor further warrants and represents, to the best of its present

knowledge and excepting any written disclosures as to these matters
already made by Contractor to City, that (1) no public official of City
who has participated in decision-making concerning this Agreement or
has used his or her official position to influence decisions regarding this
Agreement, has an economic interest in Contractor or this Agreement,
and (2) this Agreement will not have a direct or indirect financial effect
on said official, the officials spouse or dependent children, or any of the
officials economic interests. For purposes of this paragraph, an official
is deemed to have an economic interest in any (a) for-profit business
entity in which the official has a direct or indirect investment worth
$2,000 or more, (b) any real property in which the official has a direct or
indirect interest worth $2,000 or more, (c) any for-profit business entity
in which the official is a director, officer, partner, trustee, employee or
manager, or (d) any source of income or donors of gifts to the official
(including nonprofit entities) if the income or value of the gift totaled
more than $500 the previous year. Contractor agrees to promptly
disclose to City in writing any information it may receive concerning
any such potential conflict of interest. Contractors attention is directed
to the conflict of interest rules applicable to governmental decision60
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making contained in the Political Reform Act (California Government
Code Section 87100 et seq.) and its implementing regulations
(California Code of Regulations, Title 2, Section 18700 et seq.).
b.
vi.
Contractor understands that in some cases Contractor or persons

associated with Contractor may be deemed a city officer or public
official for purposes of the conflict of interest provisions of
Government Code Section 1090 and/or the Political Reform Act.
Contractor further understands that, as a public officer or official,
Contractor or persons associated with Contractor may be disqualified
from future City contracts to the extent that Contractor is involved in
any aspect of the making of that future contract (including preparing
plans and specifications or performing design work or feasibility studies
for that contract) through its work under this Agreement.
vii.
Contractor shall incorporate or cause to be incorporated into all

subcontracts for work to be performed under this Agreement a provision
governing conflict of interest in substantially the same form set forth
herein.
No Waiver
Nothing herein is intended to waive any applicable federal, state or local
conflict of interest law or regulation
c.
Remedies and Sanctions

In addition to the rights and remedies otherwise available to the City under this
Agreement and under federal, state and local law, Contractor understands and
agrees that, if the City reasonably determines that Contractor has failed to make
a good faith effort to avoid an improper conflict of interest situation or is
responsible for the conflict situation, the City may (1) suspend payments under
this Agreement, (2) terminate this Agreement, (3) require reimbursement by
Contractor to the City of any amounts disbursed under this Agreement. In
addition, the City may suspend payments or terminate this Agreement whether
or not Contractor is responsible for the conflict of interest situation.
22.
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 Contractors subcontractors, if any, shall not discriminate against

any employee or applicant for employment because of age, marital status, religion,
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gender, sexual orientation, gender identity, race, creed, color, national origin,
Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC)
or disability. This nondiscrimination policy shall include, but not be limited to, the
following: employment, upgrading, failure to promote, demotion or transfer,
recruitment advertising, layoffs, termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship.
23.
b.
Contractor and Contractors Subcontractors 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 orientation, gender identity, race, creed,
color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDSRelated 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 Schedule C-1, 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
Contractors commitments under this nondiscrimination clause and shall post
copies of the notice in conspicuous places available to employees and applicants
for employment.
Local and Small Local Business Enterprise Program (L/SLBE)

a. Requirement For Professional Services, 50% Local and Small Local Business
Enterprise Program (L/SLBE): there is a 50% minimum participation
requirement for all professional services contracts over $50,000. Consultant status
as an Oakland certified local or small local firm and subcontractor/subconsultant
status as an Oakland certified local or small local firm are taken into account in the
calculation. The requirement may be satisfied by a certified prime consultant and/or
sub-consultant(s). A business must be certified by the City of Oakland in order to
earn credit toward meeting the fifty percent requirement. The City has waived small
local business enterprise (SLBE) subcontracting requirements for Oakland certified
local businesses that apply for professional services contracts as the prime
consultant with the City. The SLBE requirements still applies for non-certified
LBEs and non-local business enterprises.
b. Good Faith Effort - In light of the fifty percent requirement, good faith effort
documentation is not necessary.
c. Preference Points Preference points are earned based on the level of participation
proposed prior to the award of a contract. Upon satisfying the minimum fifty
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percent requirement, a consultant will earn two (2) preference points. Three
additional preference points may be earned at a rate of one point for every
additional ten percent participation up to eighty percent participation of the total
contract dollars spent with local Oakland certified firms.
d. A firm may earn up to five (5) preference points for local Oakland business
participation and additional preference points for being a long term certified
business in Oakland regardless of size and for having an Oakland workforce.
e. In those instances where VSLBE participation is evident, the level of participation
will be double-counted towards meeting the requirement.
f. Additional Preference Points. For Request for Proposal (RFP) and Request for
Qualifications (RFQ), additional Preference Points may be earned for having an
Oakland workforce on Non-Construction Contracts
g. Earning extra preference points for having an existing work force that includes
Oakland residents is considered added value. The Request for Proposal evaluation
process allows for additional preference points over and above the number of points
earned for technical expertise. Typically 100 points may be earned for the technical
elements of the RFP. Preference points are awarded over and above the potential
100 points.
h. The Exit Report and Affidavit (ERA) This report declares the level of
participation achieved and will be used to calculate banked credits. The prime
consultant must complete the Schedule F, Exit Report and Affidavit for, and have it
executed by, each L/SLBE sub consultant and submitted to the Office of the City
Administrator, Contracts and Compliance Unit, along with a copy of the final
progress payment application.
i. Joint Venture and Mentor Protg Agreements. If a prime contractor or prime
consultant is able to develop a Joint Venture or Mentor-Protg relationship with
a certified LBE or SLBE, the mentor or Joint Venture partners will enjoy the benefit
of credits against the participation requirement. In order to earn credit for Joint
Venture or Mentor-Protg relationships, the Agreement must be submitted for
approval to the Office of the City Administrator, Contracts and Compliance Unit,
prior to the project bid date for construction, and by proposal due date for
professional services contracts. Joint Venture Applications and elements of City
approved Mentor Protg relation are available upon request.
j. Contractor shall submit information concerning the ownership and workforce
composition of Contractors firm as well as its subcontractors and suppliers, by
completing Schedule D, Ownership, Ethnicity, and Gender Questionnaire, and
Schedule E, Project Consultant Team, attached and incorporated herein and made a
part of this Agreement.
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k. All affirmative action efforts of Contractor 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 subcontractors 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.
l. In the recruitment of subcontractors, 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 Oaklands
business community. The City Administrator will track the Citys 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.
m. In the use of such recruitment, hiring and retention of employees or subcontractors,
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 Oaklands business community.
24.
Living Wage Ordinance

If the contract amount of this Agreement is equal to or greater than $25,000 annually,
then Contractor must comply with the Oakland Living Wage Ordinance. The Living
Wage Ordinance requires that nothing less than a prescribed minimum level of
compensation (a living wage) be paid to employees of service contractors (consultants)
of the City and employees of CFARs (Ord. 12050 1, 1998). The Ordinance also
requires submission of the Declaration of Compliance attached and incorporated herein
as Schedule N and made part of this Agreement, and, unless specific exemptions apply
or a waiver is granted, the consultant must provide the following to its employees who
perform services under or related to this Agreement:
a. Minimum compensation Said employees shall be paid an initial hourly wage rate
of $12.27 with health benefits or $14.10 without health benefits. These initial
rates shall be upwardly adjusted each year no later than April 1 in proportion to the
increase at the immediately preceding December 31 over the year earlier level of
the Bay Region Consumer Price Index as published by the Bureau of Labor
Statistics, U.S. Department of Labor. Effective July 1, 2015, Contractor shall pay
adjusted wage rates of $12.53 with benefits, and $14.40 without benefits.
b. Health benefits Said full-time and part-time employees paid at the lower living
wage rate shall be provided health benefits of at least $1.83 per hour. Contractor
shall provide proof that health benefits are in effect for those employees no later
than 30 days after execution of the contract or receipt of City financial assistance.
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c. Compensated days off Said employees shall be entitled to twelve compensated
days off per year for sick leave, vacation or personal necessity at the employee's
request, and ten uncompensated days off per year for sick leave. Employees shall
accrue one compensated day off per month of full time employment. Part-time
employees shall accrue compensated days off in increments proportional to that
accrued by full-time employees. The employees shall be eligible to use accrued
days off after the first six months of employment or consistent with company
policy, whichever is sooner. Paid holidays, consistent with established employer
policy, may be counted toward provision of the required 12 compensated days off.
Ten uncompensated days off shall be made available, as needed, for personal or
immediate family illness after the employee has exhausted his or her accrued
compensated days off for that year.
d. Federal Earned Income Credit (EIC) - To inform employees that he or she may be
eligible for Earned Income Credit (EIC) and shall provide forms to apply for
advance EIC payments to eligible employees. There are several websites and other
sources available to assist you. Web sites include but are not limited to: (1)
http://www.irs.gov for current guidelines as prescribed by the Internal Revenue
Service.
e. Contractor shall provide to all employees and to the Division of Contracts and
Compliance, written notice of its obligation to eligible employees under the Citys
Living Wage requirements. Said notice shall be posted prominently in communal
areas of the work site(s) and shall include the above-referenced information.
f. Contractor shall provide all written notices and forms required above in English,
Spanish or other languages spoken by a significant number of employees within 30
days of employment under this Agreement.
g. Reporting Contractor shall maintain a listing of the name, address, hire date,
occupation classification, rate of pay and benefits for each of its employees.
Contractor shall provide a copy of said list to the Division of Contracts and
Compliance, on a quarterly basis, by March 31, June 30, September 30 and
December 31 for the applicable compliance period. Failure to provide said list
within five days of the due date will result in liquidated damages of five hundred
dollars ($500.00) for each day that the list remains outstanding. Contractor shall
maintain employee payroll and related records for a period of four (4) years after
expiration of the compliance period.
h. Contractor shall require subcontractors that provide services under or related to this
Agreement to comply with the above Living Wage provisions. Contractor shall
include the above-referenced sections in its subcontracts. Copies of said
subcontracts shall be submitted to the Division of Contracts and Compliance.
25.
Minimum Wage Ordinance

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Pursuant to the Oakland Municipal Code Chapter 5.92, the New Minimum
Wage Law Takes Effect March 2, 2015.
Oakland employers are subject to the federal, state and Oakland minimum wage
laws. When there are conflicting requirements in the laws, the employer must
follow the stricter standard. In the case of minimum wage, Oakland employers
must pay employees the rate that is most beneficial to the employee. Thus, since
Oaklands current law requires a higher minimum wage rate than does the state
and federal law, all employers that have employees who perform work in
Oakland who are subject to the laws must pay at least the Citys minimum wage
rate.
The Measure: (1) establishes a $12.25 per hour minimum wage, (2) requires
paid sick leave and (3) requires payment of service charges to hospitality
workers.
For further information, please go to the following website:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/MinimumWage/OA
K051451
26.
Equal Benefits Ordinance

This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the
Oakland Municipal Code and its implementing regulations. The purpose of this
Ordinance is to protect and further the public, health, safety, convenience, comfort,
property and general welfare by requiring that public funds be expended in a manner
so as to prohibit discrimination in the provision of employee benefits by City
contractors (consultants) between employees with spouses and employees with
domestic partners, and/or between domestic partners and spouses of such employees.
(Ord. 12394 (part), 2001)
The following contractors are subject to the Equal Benefits Ordinance: Entities which
enter into a "contract" with the City for an amount of twenty-five thousand dollars
($25,000.00) 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; and Entities which enter into a "property contract" pursuant to
Section 2.32.020(D) with the City in an amount of twenty-five thousand dollars
($25,000.00) or more for the exclusive use of or occupancy (1) of real property owned
or controlled by the city or (2) of real property owned by others for the citys use or
occupancy, for a term exceeding twenty-nine (29) days in any calendar year.
The Ordinance shall only apply to those portions of a contractors operations that occur
(1) within the city; (2) on real property outside the city if the property is owned by the
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city or if the city has a right to occupy the property, and if the contracts presence at
that location is connected to a contract with the city; and (3) elsewhere in the United
States where work related to a city contract is being performed. The requirements of
this chapter shall not apply to subcontracts or subcontractors of any contract or
contractor
The Equal Benefits Ordinance requires among other things, submission of the attached
and incorporated herein as Schedule N-1, Equal Benefits-Declaration of
Nondiscrimination.
27.
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 attached hereto and
incorporated herein as Schedule O.
28.
Nuclear Free Zone Disclosure

Contractor represents, pursuant to Schedule P, Nuclear Free Zone Disclosure Form, that
Contractor is in compliance with the City of Oaklands restrictions on doing business with
service providers considered nuclear weapons makers. Prior to execution of this
agreement, Contractor shall complete Schedule P, attached hereto.
29.
Political Prohibition
Subject to applicable State and Federal laws, moneys paid pursuant to this Agreement
shall not be used for political purposes, sponsoring or conducting candidate's meetings,
engaging in voter registration activity, nor for publicity or propaganda purposes designed
to support or defeat legislation pending before federal, state or local government.
30.
Religious Prohibition
There shall be no religious worship, instruction, or proselytization as part of, or in
connection with the performance of the Agreement.
31.
Business Tax Certificate
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Contractor shall obtain and provide proof of a valid City business tax certificate. Said
certificate must remain valid during the duration of this Agreement.
32.
Abandonment of Project
The City may abandon or indefinitely postpone the project or the services for any or all
of the project at any time. In such event, the City shall give thirty (30) days written
notice of such abandonment. In the event of abandonment prior to completion of the
final drawings, if applicable, and cost estimates, Contractor shall have the right to
expend a reasonable amount of additional time to assemble work in progress for the
purpose of proper filing and closing the job. Prior to expending said time, Contractor
shall present to the City a complete report of said proposed job closure and its costs,
and the City may approve all or any part of said expense. Such additional time shall
not exceed ten percent (10%) of the total time expended to the date of notice of
termination. All charges thus incurred and approved by the City, together with any
other charges outstanding at the time of termination, shall be payable by the City within
thirty (30) days following submission of a final statement by Contractor.
Should the project or any portion thereof be abandoned, the City shall pay the
Contractor for all services performed thereto in accordance with the terms of this
Agreement.
33.
Validity of Contracts
This Agreement shall not be binding or of any force or effect until it is: i) approved by
resolution of the City Council as required by the Oakland City Charter, Oakland
Municipal Code Title 2.04 and Oakland City Council Rules of Procedure, ii) approved for
form and legality by the Office of the City Attorney, and iii) signed by the City
Administrator or his or her designee.
34.
Governing Law
This Agreement shall be governed by the laws of the State of California.
35.
Notice
If either party shall desire or be required to give notice to the other, such notice shall be
given in writing, via facsimile and concurrently by prepaid U.S. certified or registered
postage, addressed to recipient as follows:
(City of Oakland)
Name of Contractor
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Agency/Department
Address
Oakland, CA
Attn: Project Manager
Address
City State Zip
Attn: Project Manager
Any party to this Agreement may change the name or address of representatives for
purpose of this Notice paragraph by providing written notice to all other parties ten (10)
business days before the change is effective.
36.
Entire Agreement of the Parties

This Agreement supersedes any and all agreements, either oral or written, between the
parties with respect to the rendering of services by Contractor for the City and contains all
of the representations, covenants and agreements between the parties with respect to the
rendering of those services. Each party to this Agreement acknowledges that no
representations, inducements, promises or agreements, orally or otherwise, have been
made by any party, or anyone acting on behalf of any party, which are not contained in
this Agreement, and that no other agreement, statement or promise not contained in this
Agreement will be valid or binding.
37.
Modification
Any modification of this Agreement will be effective only if it is in a writing signed by
all parties to this Agreement.
38.
Severability/Partial Invalidity
If any term or provision of this Agreement, or the application of any term or provision of
this Agreement to a particular situation, shall be finally found to be void, invalid, illegal or
unenforceable by a court of competent jurisdiction, then notwithstanding such
determination, such term or provision shall remain in force and effect to the extent
allowed by such ruling and all other terms and provisions of this Agreement or the
application of this Agreement to other situation shall remain in full force and effect.
Notwithstanding the foregoing, if any material term or provision of this Agreement or the
application of such material term or condition to a particular situation is finally found to be
void, invalid, illegal or unenforceable by a court of competent jurisdiction, then the Parties
hereto agree to work in good faith and fully cooperate with each other to amend this
Agreement to carry out its intent.
39.
Time of the Essence

Time is of the essence in the performance of this Agreement.
40.
Commencement, Completion and Close out

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It shall be the responsibility of the Contractor to coordinate and schedule the work to be
performed so that commencement and completion take place in accordance with the
provisions of this Agreement.
Any time extension granted to Contractor to enable Contractor to complete the work must
be in writing and shall not constitute a waiver of rights the City may have under this
Agreement.
Should the Contractor not complete the work by the scheduled date or by an extended
date, the City shall be released from all of its obligations under this Agreement.
Within thirty (30) days of completion of the performance under this Agreement, the
Contractor shall make a determination of any and all final costs due under this Agreement
and shall submit a requisition for such final and complete payment (including without
limitations any and all claims relating to or arising from this Agreement) to the City.
Failure of the Contractor to timely submit a complete and accurate requisition for final
payment shall relieve the City of any further obligations under this Agreement, including
without limitation any obligation for payment of work performed or payment of claims by
Contractor.
41.
Approval
If the terms of this Agreement are acceptable to Contractor and the City, sign and date
below.
42.
Inconsistency
If there is any inconsistency between the main agreement and the attachments/exhibits, the
text of the main agreement shall prevail.
City of Oakland,
a municipal corporation
Name of Contractor
__________________________________
___________________________
(City Administrators Office) (Date)
(Signature)
____________________________________
(Agency Directors Signature)
(Date)
__________________________
Business Tax Certificate No.
70
(Date)
_____________________________________________________________
Date of Expiration
Approved as to form and legality:
________________________
Resolution Number
_______________________
Accounting Number
(City Attorneys Office Signature) (Date)
END OF PROFESSIONAL SERVICES CONTRACT SAMPLE
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ATTACHMENT B1
(Stand-Alone Schedules Required with Proposal)
SCHEDULE E
(PROJECT CONSULTANT TEAM LISTING)
An interactive version of this form can be downloaded from Contract s and Compliance website
http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023379.pdf or
request for a copy from Paula Peav at ppeav@oaklandnet.com or phone number 510-238-3190
AND
SCHEDULE O
(CAMPAIGN CONTRIBUTION LIMITS)
http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023287.pdf or
request for a copy from Paula Peav at ppeav@oaklandnet.com or phone number 510-238-3190
72
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73
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74
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ATTACHMENT B2
(Stand-Alone Schedules Required Prior to Contract Award)
SCHEDULE E-2
(OAKLAND WORKFORCE VERIFCATION)
http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023379.pdf or request
for a copy from Paula Peav at ppeav@oaklandnet.com or phone number 510-238-3190
AND
SCHEDULE Q
(INSURANCE REQUIREMENTS)
http://www2.oaklandnet.com/oakca1/groups/contracting/documents/form/oak023287.pdf or request
for a copy from Paula Peav at ppeav@oaklandnet.com or phone number 510-238-3190
75
_____________________________________________________________
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Schedule Q
INSURANCE REQUIREMENTS
(Revised 07/01/14)
a.
General Liability, Automobile, Workers Compensation and Professional Liability

Contractor shall procure, prior to commencement of service, and keep in force for the term
of this contract, at Contractor's own cost and expense, the following policies of insurance or
certificates or binders as necessary to represent that coverage as specified below is in place
with companies doing business in California and acceptable to the City. If requested,
Contractor shall provide the City with copies of all insurance policies. The insurance shall at
a minimum include:
i.
Commercial General Liability insurance shall cover bodily injury, property

damage and personal injury liability for premises operations, independent
contractors, products-completed operations personal & advertising injury and
contractual liability. Coverage shall be at least as broad as Insurance Services
Office Commercial General Liability coverage (occurrence Form CG 00 01)
Limits of liability: Contractor shall maintain commercial general liability
(CGL) and, if necessary, commercial umbrella insurance with a limit of
not less than $2,000,000 each occurrence. If such CGL insurance contains
a general aggregate limit, either the general aggregate limit shall apply
separately to this project/location or the general aggregate limit shall be twice the
required occurrence limit.
ii.
Automobile Liability Insurance. Contractor shall maintain automobile liability

insurance for bodily injury and property damage liability with a limit of not less
than $1,000,000 each accident. Such insurance shall cover liability arising out of
any auto (including owned, hired, and non-owned autos). Coverage shall be at
least as broad as Insurance Services Office Form Number CA 0001.
iii.
Worker's Compensation insurance as required by the laws of the State of

California, with statutory limits, and statutory coverage may include Employers
Liability coverage, with limits not less than $1,000,000 each accident, $1,000,000
policy limit bodily injury by disease, and $1,000,000 each employee bodily injury
by disease. The Contractor certifies that he/she is aware of the provisions of section
3700 of the California Labor Code, which requires every employer to provide
Workers' Compensation coverage, or to undertake self-insurance in accordance with
the provisions of that Code. The Contractor shall comply with the provisions of
section 3700 of the California Labor Code before commencing performance of the
work under this Agreement and thereafter as required by that code.
iv.
Professional Liability/ Errors and Omissions insurance, if determined to be

required by HRM/RBD, appropriate to the contractors profession with limits not
77
_____________________________________________________________
less than __________ each claim and __________ aggregate. If the professional
liability/errors and omissions insurance is written on a claims made form:
a. The retroactive date must be shown and must be before the date of the contract
or the beginning of work.
b. Insurance must be maintained and evidence of insurance must be provided for at
least three (3) years after completion of the contract work.
c. If coverage is cancelled or non-renewed and not replaced with another claims
made policy form with a retroactive date prior to the contract effective date, the
contractor must purchase extended period coverage for a minimum of three (3)
years after completion of work.
b.
Terms Conditions and Endorsements

The aforementioned insurance shall be endorsed and have all the following conditions:
i.
Insured Status (Additional Insured): Contractor shall provide insured status naming
the City of Oakland, its Councilmembers, directors, officers, agents, employees and
volunteers as insureds under the Commercial General Liability policy. General
Liability coverage can be provided in the form of an endorsement to the Contractors
insurance (at least as broad as ISO Form CG 20 10 (11/85) or both CG 20 10 and
CG 20 37 forms, if later revisions used). If Contractor submits the ACORD
Insurance Certificate, the insured status endorsement must be set forth on an ISO
form CG 20 10 (or equivalent). A STATEMENT OF ADDITIONAL INSURED
STATUS ON THE ACORD INSURANCE CERTIFICATE FORM IS
INSUFFICIENT AND WILL BE REJECTED AS PROOF OF MEETING THIS
REQUIREMENT; and
ii.
Coverage afforded on behalf of the City, Councilmembers, directors,

officers, agents, employees and volunteers shall be primary insurance.
Any other insurance available to the City Councilmembers, directors,
officers, agents, employees and volunteers under any other policies shall
be excess insurance (over the insurance required by this Agreement); and
iii.
Cancellation Notice: Each insurance policy required by this clause shall provide
that coverage shall not be canceled, except with notice to the Entity; and
iv.
The Workers Compensation policy shall be endorsed with a waiver of subrogation

in favor of the City for all work performed by the contractor, its employees, agents
and subcontractors; and
v.
Certificate holder is to be the same person and address as indicated in the Notices
section of this Agreement; and
vi.
Insurer shall carry insurance from admitted companies with an A.M. Best Rating of
A VII, or better.
78
_____________________________________________________________
c.
Replacement of Coverage
In the case of the breach of any of the insurance provisions of this Agreement, the City may,
at the City's option, take out and maintain at the expense of Contractor, such insurance in the
name of Contractor as is required pursuant to this Agreement, and may deduct the cost of
taking out and maintaining such insurance from any sums which may be found or become
due to Contractor under this Agreement.
d.
Insurance Interpretation
All endorsements, certificates, forms, coverage and limits of liability referred to herein
shall have the meaning given such terms by the Insurance Services Office as of the date
of this Agreement.
e.
Proof of Insurance
Contractor will be required to provide proof of all insurance required for the work prior
to execution of the contract, including copies of Contractors insurance policies if and
when requested. Failure to provide the insurance proof requested or failure to do so in a
timely manner shall constitute ground for rescission of the contract award.
f.
Subcontractors
Should the Contractor subcontract out the work required under this agreement, they shall
include all subcontractors as insureds under its policies or shall maintain separate
certificates and endorsements for each subcontractor. As an alternative, the Contractor
may require all subcontractors to provide at their own expense evidence of all the
required coverages listed in this Schedule. If this option is exercised, both the City of
Oakland and the Contractor shall be named as additional insured under the
subcontractors General Liability policy. All coverages for subcontractors shall be
subject to all the requirements stated herein. The City reserves the right to perform an
insurance audit during the course of the project to verify compliance with requirements.
g.
Deductibles and Self-Insured Retentions

Any deductible or self-insured retention must be declared to and approved by the City. At
the option of the City, either: the insurer shall reduce or eliminate such deductible or selfinsured retentions as respects the City, its Councilmembers, directors, officers, agents,
employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory
to the City guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
h.
Waiver of Subrogation
79
_____________________________________________________________
Contractor waives all rights against the City of Oakland and its Councilmembers,
officers, directors, employees and volunteers for recovery of damages to the extent these
damages are covered by the forms of insurance coverage required above.
i.
Evaluation of Adequacy of Coverage

The City of Oakland maintains the rights to modify, delete, alter or change these
requirements, with reasonable notice, upon not less than ninety (90) days prior written
notice.
J.
Higher Limits of Insurance

If the contractor maintains higher limits than the minimums shown above, The City shall be
entitled to coverage for the higher limits maintained by the contractor.
END OF SCHEDULE Q INSURANCE REQUIREMENT
80
_____________________________________________________________
PLEASE READ CAREFULLY: It is the prospective primary proposers/bidders/grantees

responsibility to review all listed City Schedules, Ordinances and Resolutions.
If you have questions regarding any of the schedules, Ordinances or Resolutions, please contact
the assigned Contract Compliance Officer listed on the Request for Proposals (RFP), Notice
Inviting Bids (NIB), Request for Qualifications (RFQ) and Grant announcements.
By submitting a response to this RFP/Q, NIB, or Grant opportunities, to the City Of
Oakland the prospective primary participants authorized representative hereby certifies
that your firm or not-for profit entity has reviewed all listed City Schedules, Ordinances
and Resolutions and has responded appropriately.
Note: additional details are available on our website as follows:
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/policies/index.htm.
1. Schedule B-2 - (Arizona Resolution) Applies to all agreements and is part of the
Combined Contract Schedules.
i.
ii.
iii.
This Agreement is subject to Resolution No. 82727 C.M.S. For full details of the
Resolution please go to the Citys website
http://www2.oaklandnet.com/Government
/o/CityAdministration/d/CP/s/policies/index.htm.
Excerpt: (Resolution #82727) RESOLVED: That unless and until Arizona
rescinds SB 1070, the City of Oakland urges City departments to the extend
where practicable, and in instances where there is no significant additional cost to
the city or conflict with law, to refrain from entering into any new or amended
contracts to purchase goods or services from any company that is headquartered
in Arizona.
Prior to execution of this agreement and/or upon request, the contractor shall
complete the Schedule B-2 form and submit to the City. The form can be found
on our website at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/
s/FormsSchedules/index.htm (see Combined Schedules)
2. Schedule C-1 - (Declaration of Compliance with the Americans with Disabilities Act)
Applies to all agreements and is part of the Combined Contract Schedules.
i.
This Agreement is subject to the Americans with Disabilities Act (ADA). It

requires that private organizations serving the public make their goods, services
and facilities accessible to people with disabilities. Furthermore, the City of
Oakland requires that all of its Contractors comply with their ADA obligations
and verify such compliance by signing this Declaration of Compliance.
(1) You certify that you will comply with the Americans with Disabilities
81
_____________________________________________________________
ii.
Act by:
(2) Adopting policies, practices and procedures that ensure non-discrimination
and equal access to Contractors goods, services and facilities for people
with disabilities;
(3) Providing goods, services and facilities to individuals with disabilities in
an integrated setting, except when separate programs are required to
ensure equal access;
(4) Making reasonable modifications in programs, activities and services
when necessary to ensure equal access to individuals with disabilities,
unless fundamental alteration in the nature of the Contractors program
would result;
(5) Removing architectural barriers in existing facilities or providing
alternative means of delivering goods and services when removal of
barriers is cost-prohibitive;
(6) Furnishing auxiliary aids to ensure equally effective communication with
persons with disabilities;
(7) If contractor provides transportation to the public, by providing equivalent
accessible transportation to people with disabilities.
Prior to execution of this agreement and/or upon request, the contractor shall
complete the Schedule C-1 form and submit to the City. The form can be found
on our website at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/
s/FormsSchedules/index.htm (see Combined Schedules)
For Declaration of ADA compliance for facility and other special events agreements please
reference C-2 on the above web site.
3. Schedule D (Ownership, Ethnicity, and Gender Questionnaire) Applies to all
agreements and is part of the Combined Contract Schedules. Please be advised that
ethnicity and gender information will be used for reporting and tracking purposes ONLY.
This agreement is subject to the reporting of Ownership, Ethnicity and Gender questionnaire
form. Prior to execution of this agreement and/or upon request, the contractor shall complete
the Schedule D form and submit to the City. The form can be found on our website at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/ind
ex.htm (see Combined Schedules)
4. Schedule E (Project Consultant or Grant Team). Applies to Non-Construction
agreements and is a stand alone Schedule1 and must be submitted with proposal.
i.
ii.
This Agreement is subject to the attached hereto and incorporated herein as

Schedule E form, this form is required to be submitted with the proposal.
The form can also be found on our website at http://www2.oaklandnet.com/
Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm.
Stand Alone Schedule is not part of the Combined Schedule.
82
_____________________________________________________________
iii.
iv.
v.
This form is use for establishing level of certified local Oakland for profit and not
for profit participation and calculating compliance with councils 50% local
participation policy.
In response to this RFP/Q or grant opportunity, the prime shall be a qualified for
profit or not-for profit entity.
Sub-Consultants (if used) or sub-grantees must be listed to include: addresses,
telephone numbers and areas of expertise/trace category of each. Briefly describe
the project responsibility of each team member. Identify if contractors are
certified MBE, WBE, Local Business Enterprises (LBE) and Small Local
Business Enterprise (SLBE), Locally Produced Goods or Very Small Local
Business Enterprise. Additionally, for LBEs/SLBEs, please submit a copy of
current business license local business certificate and date established in Oakland.
5. Schedule E-2 (Oakland Workforce Verification Form) Referenced in Attachment B.

Applies to Non-Construction agreements and is a stand alone Schedule, and must be
submitted with proposal if seeking extra preference points for an Oakland Workforce.
i.
All prime consultants, contractors, or grantees seeking additional preference

points for employing an Oakland workforce must complete this form and submit
with "required attachments" to Contracts and Compliance no later than four (4)
days after the proposal due date. For questions, please contact the assigned
Compliance Officer named in the RFP/Q, NIB, and competitive grant
opportunity.
ii.
The Schedule E-2 form can be found on our website at

http://www2.oaklandnet.com/
Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm
6. Schedule F (Exit Report and Affidavit) Applies to all agreements and is a stand alone
Schedule.
i.
ii.
This Agreement is subject to the Exit Reporting and Affidavit form. The Schedule
F form can be found on our website at
http://www2.oaklandnet.com/Government/o/
CityAdministration/d/CP/s/FormsSchedules/index.htm.
The Prime Contractor/Consultant/Grantee must complete this form as part of the
close-out process. Each LBE/SLBE sub-contractor/sub-consultant and subgrantee (including lower tier LBE/SLBE sub-contractors/sub-consultants, subgrantees, suppliers and truckers). The Exit Report and Affidavit must be
submitted to Contracts and Compliance with the final progress payment
application. (Remember to please complete an L/SLBE Exit Report for each listed
L/SLBE sub-contractor/sub-consultant or sub-grantee).
7. Schedule G (Progress Payment Form) Applies to all agreements and is a stand alone
Schedule.
83
_____________________________________________________________
This Agreement is subject to the reporting of subcontractor progress payments on a monthly
basis. The Schedule G form can be found on our website at http://www2.oaklandnet.com/
8. Schedule K (Pending Dispute Disclosure Policy) Applies to all agreements and is part
of the Combined Contract Schedules.
i.
ii.
Prior to execution of this agreement and/or upon request the contractor shall
complete the Schedule K form and submit to the City. The form can be found on
our website at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSc
hedules/index.htm (see Combined Schedules)
Policy All entities are required to disclose pending disputes with the City of
Oakland when they submit bids, proposals or applications for a City contract,
contract amendments or transaction involving:
(1) The purchase of products, construction, non-professional or professional
services, Contracts with concessionaires, facility or program operators or
managers, Contracts with project developers, including Disposition and
Development Agreements, lease Disposition and Development Agreements
and other participation agreements Loans and grants, or acquisition, sale, lease
or other conveyance of real property, excluding licenses for rights of entry or
use of city facilities for a term less than thirty (30) consecutive calendar days.
(2) Disclosure is required at the time bids, proposals or applications are due for
any of the above-described contracts or transactions when an entity is
responding to a competitive solicitation and at the commencement of
negotiations when bids, proposals or applications are solicited by or submitted
to the City in a non-bid or otherwise non-competitive process.
(3) The disclosure requirement applies to pending disputes on other City and
Agency contracts or projects that: (1) have resulted in a claim or lawsuit
against the City of Oakland (2) could result in a new claim or new lawsuit
against the City of Oakland or (3) could result in a cross-complaint or any
other action to make the City of Oakland a party to an existing lawsuit.
Claim includes, but is not limited to, a pending administrative claim or a
claim or demand for additional compensation.
(4) Entities required to disclose under this Disclosure Policy include (1) any
principal owner or partner, (2) any business entity with principal owners or
partners that are owners or partners in a business entity, or any affiliate of
such a business entity, that is involved in a pending dispute against the City of
Oakland or Agency.
(5) Failure to timely disclose pending disputes required by this policy may result
in (1) a determination that a bid is non-responsive and non-responsible for
price-based awards, or (2) non-consideration of a bid or proposal for a
professional service contract or other qualification-based award. The City may
elect to terminate contracts with entities that failed to timely disclose pending
disputes and/or initiate debarment proceedings against such entities.
84
_____________________________________________________________
9. Schedule M (Independent Contractor Questionnaire, Part A). Applies to all agreements
and is part of the Combined Contract Schedules.
Prior to execution of this agreement and/or upon request, the contractor shall complete the
Schedule M form and submit to the City. The form can be found on our website at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/ind
ex.htm (see Combined Schedules)
10. Schedule N - (LWO - Living Wage Ordinance) Applies to Non-Construction agreements
and is part of the Combined Contract Schedules.
i.
ii.
This Agreement is subject to the Oakland Living Wage Ordinance. The full
details of the Living Wage Ordinance can be found on the Citys website
(https://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.28LIWAO
R.html#TOPTITLE).
complete the Schedule N form and submit to the City. The form can be found on
our website at
11. Schedule N-1 - (EBO - Equal Benefits Ordinance) Applies to Non-Construction

agreements over $25,000 and is part of the Combined Contract Schedules.
i.
This Agreement is subject to the Equal Benefits Ordinance of Chapter 2.32 of the
Oakland Municipal Code and its implementing regulations. The full details of the
Equal Benefits Ordinance can be found on the City website at
http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.
html#TOPTITLE.
ii.
complete the Schedule N-1 form and submit to the City. The form can be found
on our website at
12. Schedule O (City of Oakland Campaign Contribution Limits Form) - Applies to all
agreements and is a stand alone Schedule, and must be submitted with proposal.
i.
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
85
_____________________________________________________________
Contribution Limits Form attached hereto and incorporated herein as Schedule O.
ii.
The form is also available on our website at

hedules/index.htm
13. Schedule P (Nuclear Free Zone Disclosure) - Applies to all agreements and is part of the
Combined Contract Schedules.
i.
This agreement is subject to the Ordinance 11478 C.M.S. titled An Ordinance

Declaring the City of Oakland a Nuclear Free Zone and Regulating Nuclear
Weapons Work and City Contracts with and Investment in Nuclear Weapons
Makers. The full details of the Ordinance 111478 C.M.S. can be found on our
website at
http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/policies/ind
ex.htm.
ii.
complete the Schedule P form and submit to the City. The form can be found on
our website at
14. Schedule Q - (Insurance Requirements) - Applies to all agreements and is a stand alone
Schedule, and evidence of insurance must be provided.
i.

Schedule Q Insurance Requirements. Unless a written waiver is obtained from
the Citys Risk Manager, Contractors must provide the insurance as found at
hedules/index.htm Schedule Q.
ii.
A copy of the requirements are attached and incorporated herein by reference.

Liability insurance shall be provided in accordance with the requirements
specified.
iii.
When providing the insurance, include the Project Name and Project Number on
the ACORD form in the section marked Description of Operations/Locations.
When providing the insurance, the Certificate Holder should be listed as: City
of Oakland, Contracts and Compliance, 250 Frank H. Ogawa Plaza, Suite 3341,
Oakland, CA 94612.
iv.
15. Schedule R (Subcontractor, Supplier, Trucking Listing) applies to Construction

agreements only and is a stand alone Schedule.
i.

86
_____________________________________________________________
ii.
iii.
iv.
v.
Schedule R form. The form can also be found on our website at

http://www2.oaklandnet.com/
For establishing level of certified local Oakland for profit and not for profit
participation and calculating compliance with councils 50% local participation
policy.
In response to this Notice Inviting Bids (NIB) opportunity, the prime shall be a
qualified for profit or not-for profit entity.
The contractor herewith must list all subcontractors and suppliers with values in
excess of one-half of 1 percent of the prime contractors total bid or ten thousand
dollars ($10,000) whichever is greater regardless of tier and all trucking and
dollar amount regardless of tier to be used on the project. The contractor agrees
that no changes will be made in this list without the approval of the City of
Oakland. Provide the address, type of work, dollar amount and check all boxes
that apply. Bidders that do not list all subcontractors and suppliers with values
greater than one half of one percent and all truckers regardless of tier and dollar
amount shall be deemed non-responsive.
Identify if contractors are certified MBE, WBE, Local Business Enterprises
(LBE) and Small Local Business Enterprise (SLBE), Locally Produced Goods or
Very Small Local Business Enterprise.
16. Schedule V (Affidavit of Non-Disciplinary or Investigatory Action) - Applies to all

agreements is part of the Combined Contract Schedules.
This Agreement is subject to the Schedule V - Affidavit of Non-Disciplinary or Investigatory
Action. The form can be found on our website at
http://www2.oaklandnet.com/Government/o/
CityAdministration/d/CP/s/FormsSchedules/index.htm (see Combined Schedules)
PLEASE NOTE: By submitting an RFP/Q, NIB or Grants to the City Of Oakland the
prospective primary participants authorized representative hereby obligates the proposer(s)
to the stated conditions referenced in this document.
87

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REQUEST FOR PROPOSAL

REQUEST FOR PROPOSAL (RFP) (Title)

General information .....................................................................32

Sample Professional Services Agreement ...................................51

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

Tow Vehicle Management System (TVMS)

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

Towed Vehicle Records

Access to Contract Records

Access to Third Party Records

REQUEST FOR PROPOSAL (RFP) Towing Services

Inspection of Books and Records/Right to Audit/Offset

REQUEST FOR PROPOSAL (RFP) Towing Services

Tow Management - Impound Lot/Storage & Auction Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

the insurance and bond coverage required by this contract

23. Vehicle Auctioneer

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

Dates shall be waived if the Contractor was unable to meet the

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

6. Equal Benefits Ordinance

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUEST FOR PROPOSAL (RFP) Towing Services

The Fair Political Practices Act and/or California Government Code

REQUEST FOR PROPOSAL (RFP) Towing Services

REQUIRED PROPOSAL ELEMENTS AND FORMAT

Addressed to John Flores, City Administrator, Office of the City

Signed by an officer of the consultant. In case of joint venture or