Office of Labor Standards Enforcement

Office of Labor Standards Enforcement

[If your Department is intending to procure goods and/or services using federal, state, or special funds, you may need to modify this form. You must make sure that the terms set forth in this agreement are in full compliance with all applicable terms and requirements of the federal, state or special fund (i.e., there are no conflicting city requirements with your funding source, such as, geographical preferences). Your Department is responsible for making the required changes to this form so that their terms are in compliance with the relevant fund requirements.]

City and County of San Francisco

Request for Proposals for Independent Organization or Collaborative of Organizations to Provide Employee Education and Outreach Services on San Francisco Labor Laws

Date issued: September 25, 2007

Mandatory pre-proposal conference: 10:00 a.m., October 10, 2007

Proposal due:5:00 p.m., October 24, 2007

P-590 (3-07)Page 1 of 14 [revise as necessary]

Request for Proposals forEmployee Outreach Program on San Francisco Labor Laws

Table of Contents

Page

I.Introduction...... 1

II.Scope of Work...... 3

III.Submission Requirements...... 5

IV.Evaluation and Selection Criteria...... 8

V.Schedule...... 10

VI.Terms and Conditions for Receipt of Proposals...... 11

VII.City Contract Requirements...... 17

VIII. Protest Procedures...... 19

Appendices:

A.HRC Attachment 2: Requirements for Architecture, Engineering and

Professional Services Contracts, for contacts $29,000 and over

(separate document). Proposers must submit the following forms:

Form 2AHRC Contract Participation form

Form 2B HRC “Good Faith” Outreach Requirements form

Form 3HRC Non-discrimination Affidavit

Form 5 HRC Employment form

The following form may be required, depending on the circumstances:

Form 4 Joint Venture Participation Schedule

B.Standard Forms: Listing and Internet addresses of Forms related to B-1

Taxpayer Identification Number and Certification, to Business Tax

Declaration, and to Chapters 12B and 12C, and 14B of the

S.F. Administrative Code.

C.Agreement for Professional Services (form P-500) – separate document

P-590 (4-07)i9/25/07

RFP for Employee Outreach Program on San Francisco Labor Laws

I. Introduction

Over the past four years the City of San Francisco has enacted two labor laws applicable to every employee that performs work within the City: the San Francisco Minimum Wage Ordinance and the San Francisco Paid Sick Leave Ordinance. The City is seeking to ensure that San Francisco employees understand their rights and obligations under these labor laws.

San Francisco Minimum Wage Ordinance

In November, 2003, San Francisco voters adopted the San Francisco Minimum Wage Ordinance, now codified as Section 12R of the San Francisco Administrative Code. Effective February 23, 2004, the Ordinance established a minimum wage of $8.50 per hour for work performed within San Francisco. The rate is adjusted annually based upon changes in the consumer price index for urban wage earners and clerical workers for the San Francisco-Oakland-San Jose metropolitan area. Effective January 1, 2007, the City’s minimum wage rate is $9.14 per hour.

The Minimum Wage Ordinance finds that in order to safeguard the public welfare, health, safety and prosperity of San Francisco, it is essential that all persons working in the City earn wages that ensure a decent and healthy life for them and their families. Given the high cost of living in the San Francisco Bay Area, low-wage earners often must work long hours and multiple jobs, causing hardship for their families, preventing them from pursuing further education, and preventing their participation in the civic and cultural life of the community. In addition, when businesses do not pay a livable wage, the surrounding community and the taxpayers bear many of the associated costs in the form of increased demand for taxpayer-funded services including homeless shelters, soup kitchens, and healthcare for the uninsured.

In July, 2006, the Board of Supervisors passed the Minimum Wage Implementation and Enforcement Ordinance which, among other provisions, directed the City’s Office of Labor Standards Enforcement (OLSE) to establish a community-based outreach program to conduct education and outreach to San Francisco employees.

Recent research supports the Board of Supervisors’ directive to establish community-based outreach, particularly to minority communities. A 2003 study by U.C. Berkeley economists commissioned by the San Francisco Board of Supervisors, Raising Pay in a High Income Economy: The Economics of a San Francisco Minimum Wage, Reich & Laitinen (2003), found that minority workers are disproportionately represented among SanFrancisco low-wage workers. Among full-time workers, Hispanics and African-Americans aretwice as numerous among workers earning less than $9 per hour than they are in the workforce,while Asian-Americans are over-represented by one-fifth. Among part-time workers, while Asian-American workers account for 36 percent of the workforce in San Francisco, they make up nearlyhalf of the low-paid part-timers.

San Francisco Paid Sick Leave Ordinance

In November, 2006, San Francisco voters adopted the San Francisco Paid Sick Leave Ordinance, Section 12W of the San Francisco Administrative Code. The ordinance, effective on February 5, 2007, requires employers to provide paid sick leave to all employees who perform work in San Francisco.

The Paid Sick Leave Ordinance finds that a large number of workers in San Francisco, particularly part-time employees and workers toward the lower end of the economic spectrum, do not have paid sick leave – or have an inadequate level of paid sick leave – available to them. The absence or inadequacy of paid sick leave among workers in San Francisco poses serious problems not only for affected workers but also their families, their employers, the health care system, and the community as a whole. Women and people of color in the San Francisco workforce are particularly hit hard, but no demographic or ethnic group is spared from hardship when sick leave is unavailable or inadequate.

Both the Minimum Wage Ordinance and the Paid Sick Leave Ordinance provide for OLSE to enforce the requirements of the ordinances. Further, recognizing the need for targeted outreach to low-wage San Francisco workers, the Board of Supervisors allocated funds in the 2006-2007 Fiscal Year, annualized by the Mayor in the 2007-2008 Fiscal Year budget, to fund the community-based outreach program to San Francisco employees provided for in the Minimum Wage Implementation and Enforcement Ordinance. As such, the City and County of San Francisco, Office of Labor Standards Enforcement, seeks to enter into a professional services contract with an independent organization, or collaborative of organizations, with expertise in San Francisco labor laws and low-wage minority communities to provide assistance with worker education and outreach.

Any contract entered into as a result of this RFP will have an original term of two years. The total maximum contract amount will not exceed $195,000 per year.

The City may require the contractor to conduct worker education and outreach not only on the Minimum Wage and Paid Sick Leave ordinances but also on other San Francisco labor laws. All funding is contingent upon the ongoing availability of funds, satisfactory contract performance, and demonstrated need for these services. Following the second year, the City shall have the option to extend the agreement for two additional two-year periods, which the City may exercise in its sole absolute discretion.

II. Scope of Work

Many low wageSan Francisco workers, particularly those from minority and immigrant communities, are unaware of their basic rights under San Francisco’s labor laws and/or are afraid to complain to a government agency. It is the City’s intent through this project to ensure that all San Francisco workers have a basic understanding of San Francisco’s labor laws and access to culturally competent, community-based assistance, which many workers need in order to bring a complaint to the City. A proactive, targeted program of worker education and outreach will improve enforcement of San Francisco labor laws by addressing the lack of knowledge, insufficient resources, and feelings of vulnerability that many workers currently face.

The City is committed to providing education and outreach to workers in minority and disadvantaged communities. OLSE publishes and makes available to employers a notice informing employees of their rights under the Minimum Wage and Paid Sick Leave ordinances; this notice is translated into Spanish, Chinese, Tagalog, Russian, and Vietnamese. The successful proposer will incorporate education and outreach to in as many of these communities languages, and to as many of the communities that speak these languages, as possible, given the resources made available through this project. In addition, the City welcomes submissions that include education and outreach to other minority or disadvantaged communities that would benefit from targeted community-based assistance. The City also welcomes submissions that organize the program in innovative ways (for example, through targeted low-wage industries).

The Scope of Work is to be used as a general guide and is not intended to be a complete list of all work necessary to complete the project.

The following are work tasks assumed necessary to conduct effective education and outreach to San Francisco workers on the City’s labor laws. Proposing teams may suggest a modified scope as part of their proposal.

1. Community Outreach: The successful proposer will conduct a community outreach program to San Francisco’s low-wage workers on San Francisco’s labor laws, which may include activities such as participation in community events, street fairs, meetings of neighborhood and community groups, and door-to-door outreach. While the outreach program may focus upon specific target communities, it should be citywide in scope, such that neighborhoods which have historically been underserved (for example, Bayview Hunters Point, Visitacion Valley, Excelsior) are afforded adequate services.

1. Worker Education: The successful proposer will conduct workshops and trainings designed to build the capacity of theeducate thelow-wage San Francisco workforceto educate co-workers on their rights under San Francisco labor laws and how to navigate the City’s enforcement system.

1. Counseling & Referral Services: The successful proposer will evaluate the validity of claims brought to its attention and, where appropriate, assist workers with filing a claim with OSLE.

1. Outreach Materials: Under the supervision of OLSE, the successful proposer will assist the City in developing multi-lingual and culturally competent outreach materials, such as brochures, flyers, posters and public service announcements to ensure that the project is adequately publicized. No funds should be used for paid advertising or mass mailings; in addition to utilizing the materials in direct outreach activities, the successful bidder may access media services available at no cost (e.g. free poster space for public service messages, free air time from local broadcasters). All proposed outreach materials are subject to review and approval by OLSE.

1. Program Monitoring and Evaluation: The successful proposer will meet regularly with OLSE to ensure successful implementation of the outreach and education program. In addition, the successful proposer will provide quarterly reports to OLSE detailing how contract goals have been met, and explanation and remediation plans for any unmet goals.

III. Submission Requirements

A.Time and Place for Submission of Proposals

Proposals must be received by 5:00 p.m. on October 24, 2007. Postmarks will not be considered in judging the timeliness of submissions. Proposals may be delivered in person and left at the OLSE reception desk at City Hall Room 430, 1 Dr. Carlton B. Goodlett Place, or mailed to:

Office of Labor Standards Enforcement

City Hall Room 430

1 Carlton B. Goodlett Place

San Francisco, CA 94102

Proposersshall submit five (5) copies of the proposal and two (2) copies, separately bound, of required HRC Forms in a sealed envelope clearly marked San Francisco Labor Laws Employee Outreach Programto the above location. Proposals that are submitted by fax or email will not be accepted. Late submissions will not be considered.

B.Content

Firms Firms or organizations interested in responding to this RFP must submit the following information, in the order specified below:

1.Introduction and Executive Summary (up to2 pages)

Submit a letter of introduction and executive summary of the proposal. The letter must be signed by a person authorized by your firmorganization to obligate your firmorganization to perform the commitments contained in the proposal. Submission of the letter will constitute a representation by your firmorganization that your firmorganization is willing and able to perform the commitments contained in the proposal.

2.Project Approach (up to3 pages)

Describe the services and activities that your firmorganization proposes to provide to the City. Include the following information:

a.Detailed scope of work tasks, including frequency or amount of various proposed tasks; and

b.Schedule and ability to complete the work within the City’s required time frame; and

c.Assignment of work within your firmorganization’s work team.

3.FirmOrganization Qualifications (up to 5pages)

Provide information on your firmorganization’s background and qualifications which addresses the following:

a.Name, address, telephone number, and email address of a contact person; and

b.A brief description of your firmorganization, as well as how any joint venture or association would be structured; and

c.A description of not more than three projects similar in size and scope prepared by your firmorganization including client, reference and telephone numbers, staff members who worked on each project, budget, schedule and project summary. Descriptions should be limited to one page for each project. If joint consultants or subconsultants are proposed as part of a collaborative proposal, provide the above information for each.

4.Team Qualifications (up to5 pages)

a.Provide a list identifying: (1) each key person on the project team, (2) the project manager, (3) the role each will play in the project, and (4) a written assurance that the key individuals listed and identified will be performing the work and will not be substituted with other personnel or reassigned to another project without the City’s prior approval.

b.Provide a description of the experience and qualifications of the project team members, including brief resumes if necessary. Include any additional information relevant to demonstrate your firm's qualifications to perform the work.

5.References (up to 2 pages)

Provide references for the lead organization and all subcontractors, including the name, address, and telephone number of three recent clients (preferably other public agencies).

6.Fee Proposal

Provide a detailed statement of your fee proposal, including all costs and expenses, and the hourly rate of all employees for which you will seek compensation under the contract. The maximum amount available for this contract is $195,000 per year for two years, for a total amount of $390,000. The services will be compensated at an hourly rate plus authorized expenses. Please review Appendix C, the City's standard form professional services agreement, for eligible and ineligible expenses before submitting your fee proposal.

The City intends to enter into negotiations with the firmorganization that it considers will provide the best overall program services. The City reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request. Fee proposals should not exceed $195,000 per year.

Please provide a fee proposal in a sealed envelope that includes hourly rates for all team members. Hourly rates and itemized costs may be subjects of negotiation, and may be used to negotiate changes in the Scope of Work if necessary.

IV. Evaluation and Selection Criteria

A.Minimum Qualifications

Minimum experience and qualifications requirements for the independent organization or collaborative of organizations are as follows. Any proposal that does not demonstrate that the proposer meets these minimum requirements by the deadline for submittal of proposals may be considered non-responsive and ineligible for award of the contract in the City's reasonable discretion.

1. Proposers must provide evidence, such as an independent audit, that they are in good financial condition and must have the demonstrated organizational capabilities to administer public funds. To receive a contract award, proposers must be approved vendors with the City and County of San Francisco. This qualification may be satisfied after selection but before entering into the contract.

1. Staff with mMultilingual capabilities andexperience in outreach to diverse and minority and disadvantaged communities.

1. At least three years experience providing education and outreach to minority and disadvantaged communities. For proposers that are a collaborative of organizations, this minimum qualification is applicable only to the lead agency. However, subcontractors should also have demonstrated experience providing education and outreach to minority and disadvantaged communities.

1. Extensive knowledge of San Francisco labor laws, including the Minimum Wage Ordinance and the Paid Sick Leave Ordinance.

1. Experience with one-on-one counseling services on employment and/or workers rights under San Francisco labor laws.

4.At least three years experience providing education and outreach to minority and disadvantaged communities. For bidders that are a collaborative of organizations, this minimum qualification is applicable only to the lead agency. However, subcontractors should also have demonstrated experience providing education and outreach to minority and disadvantaged communities.

5.At least three years experience conducting workshops and trainings for minority and disadvantaged communities. For bidders that are a collaborative of organizations, this minimum qualification is applicable only to the lead agency. However, subcontractors should also have demonstrated experience conducting workshops and trainings for minority and disadvantaged communities.