FAIR WORKWEEK ORDINANCE IMPLEMENTATION

Agency:	City of Berkeley
State:	California
Type of Government:	State & Local
Category:	B - Special Studies and Analyses - Not R&D
Posted:	Oct 12, 2023
Due:	Nov 21, 2023
Solicitation No:	24-11623
Publication URL:	To access bid details, please log in.

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Finance Department

General Services Division

REQUEST FOR PROPOSALS (RFP)

Specification No. 24-11623

FOR

FAIR WORKWEEK ORDINANCE IMPLEMENTATION

PROPOSALS WILL NOT BE OPENED AND READ PUBLICLY

Dear Proposer:

The City of Berkeley is soliciting written proposals from qualified firms or individuals to develop guidelines that

establish procedures for ensuring fair, efficient and cost-effective implementation of the Fair Workweek Ordinance.

As a Request for Proposal (RFP) this is not an invitation to bid and although price is very important, other factors

will be taken into consideration.

The project scope, content of proposal, and vendor selection process are summarized in the RFP (attached). Proposals

must be received no later than 2:00 pm, onTuesday, November 21, 2023. Proposals are to be sent via email with

the “Specification No. 24-11623 and Fair Workweek Ordinance Implementation” clearly indicated in the subject

line of the email. Please submit one (1) PDF of the technical Proposal with the filename saved as, “Proposal Vendor

Name – 24-11623 Fair Workweek Ordinance Implementation Corresponding pricing proposal shall be submitted

as a separate document with the filename saved as, “Pricing Vendor Name – 24-11623 Fair Workweek Ordinance

Implementation.”

Email Proposals to:

City of Berkeley

Finance Department/General Services Division

purchasing@berkeleyca.gov

Proposals will not be accepted after the date and time stated above. Incomplete proposal or proposals that do not

conform to the requirements specified herein will not be considered. Issuance of the RFP does not obligate the City

to award a contract, nor is the City liable for any costs incurred by the proposer in the preparation and submittal of

proposals for the subject work. The City retains the right to award all or parts of this contract to several bidders, to

not select any bidders, and/or to re-solicit proposals. The act of submitting a proposal is a declaration that the proposer

has read the RFP and understands all the requirements and conditions.

For questions concerning the anticipated work, or scope of the project, please contact Emily Rose, Community

Development Project Coordinator, via email at erose@berkeleyca.gov no later than Friday, October 27, 2023.

Answers to questions will not be provided by telephone or email. Answers to all questions or any addenda will be

posted on the City of Berkeley’s site at Bid & Proposal Opportunities | City of Berkeley (berkeleyca.gov). It is the

vendor’s responsibility to check this site. For general questions concerning the submittal process, contact purchasing

at 510-981-7320.

We look forward to receiving and reviewing your proposal.

Sincerely,

Darryl Sweet

General Services Manager

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903

E-mail: purchasing@berkeleyca.org Website: cityofberkeley.info/finance/

City of Berkeley

Fair Workweek Ordinance Implementation

Specification No. 24-11623

BACKGROUND /SUMMARY/or INTRODUCTION

Page 2 of 20

Release Date 10/11/2023

On January 12, 2024, the Fair Workweek Employment Standards Ordinance (Berkeley Municipal Code (BMC)

13.102) becomes operative within the City of Berkeley. Many employers doing business in Berkeley will be obligated

to adjust their policies and scheduling practices in order to comply with requirements of the new ordinance. When

the Berkeley City Council adopted the Fair Workweek Ordinance, it also allocated funds for outreach to Berkeley

employers about their new obligations and Berkeley employees about their workplace rights.

II. SCOPE OF SERVICES

PROJECT SUMMARY

The City of Berkeley Health, Housing and Community Services (HHCS) Department is seeking to contract with a

single person, firm, or partnership to provide materials for outreach and education to Berkeley employers and

employees who are impacted by the Fair Workweek Ordinance. The successful applicant will work with City staff to

develop guidelines that establish procedures for ensuring fair, efficient and cost-effective implementation of the

ordinance, including supplementary procedures for helping to inform employees of their rights and for monitoring

the compliance of covered employers. Successful applicants will also work with City staff to develop products of

these guidelines and rules, including outreach materials, educational workshops and webinars, messaging strategy

and tools to help employers comply with the ordinance.

1. Guidelines and Rules to establish procedures for ensuring fair, efficient and cost-effective implementation of

the ordinance.

2. Outreach and Education to increase awareness among Berkeley employers and employees about the details of

the Fair Workweek Ordinance.

3. Available Funds for Services - $50,000

SCOPE OF WORK

1. Guidelines and Rules - Work with City staff to establish procedures that ensure a fair, efficient and cost-effective

implementation of the ordinance, including supplementary procedures for helping to inform employees of their

rights under the ordinance and for monitoring covered employer compliance with the ordinance. Developing

these guidelines and rules will inform the outreach and technical assistance to employers necessary for successful

implementation.

2. Technical Assistance - Work with City Labor Standards Enforcement staff to develop accounting tools that will

support them in processing employee complaints. These tools would help staff track employer scheduling

practices and calculate the appropriate “predictability pay.”

3. Outreach and Education - Work with City staff to develop and implement a messaging campaign to educate

Berkeley employers and employees about the Fair Workweek Ordinance.

• Create compelling graphics that help communicate the basics of the Fair Workweek Ordinance quickly and

to people with various degrees of literacy and English language proficiency.

• Develop flyers, and social media posts.

• Create slides, FAQs, and handouts for workshops and webinars

• Engage stakeholders to ensure high attendance at workshops

CORE COMPENTENCIES

The successful applicant will possess:

• Expertise in creating tools for helping employers comply with labor laws.

• Demonstrated ability to effectively create guidelines and rules for new municipal codes.

• Expertise in creating culturally responsive outreach materials.

RFP Revised Nov2022

City of Berkeley

Fair Workweek Ordinance Implementation

Specification No. 24-11623

Page 3 of 20

Release Date 10/11/2023

• Demonstrated capacity to work collaboratively with various stakeholders.

• Successful history of working with local municipalities.

• Proficiency in developing successful targeted messaging strategies/campaigns.

DELIVERABLES

• Development of accounting tools to help employers demonstrate compliance with the ordinance.

• Efficient guidelines to implement and sustain compliance with the ordinance.

• Compelling messaging themes that can be adapted for varying communities.

• Adaptable messaging toolkits for raising awareness about the ordinance among employers and employees,

for various stakeholders.

• Development of media content for various platforms (Twitter, Facebook, neighborhood newsletters and

media, etc.)

TERM

• The contract work is anticipated to commence on January 1, 2024 and end on March 31, 2024

• Services can be provided locally or remotely.

• The full scope of work must be completed by March 31, 2024

III. SUBMISSION REQUIREMENTS

All proposals shall include the following information, organized as separate sections of the proposal. The proposal

should be concise and to the point.

1. Contractor Identification

Provide the name of the firm, the firm's principal place of business (see section VII, F. – Local Vendor

Preference), the name and telephone number of the contact person and company tax identification number.

2. Client References

Provide a minimum of three (3) client references. References should be California cities or other large public

sector entities. Provide the designated person's name, title, organization, address, telephone number, and the

project(s) that were completed under that client’s direction.

3. Price Proposal

The proposal shall include pricing for all services. Pricing shall be all inclusive unless indicated otherwise. Pricing

proposals shall be a separate document. The Proposal shall itemize all services, including hourly rates for all

professional, technical and support personnel, and all other charges related to completion of the work shall be

itemized. Evaluation of price proposals are subject to the local vendor business preference (see section VII.F.)

RFP Revised Nov2022

City of Berkeley

Fair Workweek Ordinance Implementation

Specification No. 24-11623

Page 4 of 20

Release Date 10/11/2023

4. Contract Terminations

If your organization has had a contract terminated in the last five (5) years, describe such incident.

Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor

performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor,

or (b) litigated and such litigation determined that the vendor was in default.

Submit full details of the terms for default including the other party’s name, address, and phone number. Present

the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the

proposal on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so

indicate.

IV. SELECTION CRITERIA

The following criteria will be considered, although not exclusively, in determining which firm is hired.

1. Project Approach

40%

2. Expertise & References

30%

3. Approach to Community Engagement 20%

4. Costs*

10%

* Effective 1/1/2022. Local Vendor Preference. For the purposes of comparing pricing as part of this competitive

RFP for goods up to $100,000 or non-professional services up to $250,000, 5% shall be deducted from the bid price

proposal from any local Berkeley vendor.

A selection panel will be convened of staff to evaluate and score submittals.

V. PAYMENT

Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit.

Invoices must be accompanied by receipt for services in order for payment to be processed. Email invoices to

Accounts Payable and cc’ erose@berkeleyca.gov; (List on invoice, Attn: Emily Rose/HHCS) and reference the

contract number.

City of Berkeley

Accounts Payable

P.O. Box 700

Berkeley, CA 94710-700

Email: AccountsPayable@berkeleyca.gov

Phone: 510-981-7310

Payments: The City will make payment to the vendor within 30 days of receipt of a correct, approved and complete

invoice.

RFP Revised Nov2022

City of Berkeley

Fair Workweek Ordinance Implementation

Specification No. 24-11623

Page 5 of 20

Release Date 10/11/2023

VI. CITY REQUIREMENTS

A. Non-Discrimination Requirements

Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids

for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses

with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)

Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have discriminated

to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This

applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that

all contracts with the City contain a non-discrimination clause, in which the contractor agrees not to discriminate

and allows the City access to records necessary to monitor compliance. This section also applies to all contracts

and all consultants.

Bidders must submit the attached Non-Discrimination Disclosure Form with their proposal.

B. Nuclear Free Berkeley Disclosure Form

Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that

knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council

determines that no reasonable alternative exists to doing business with a company that engages in nuclear

weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature

of such work.

Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.

C. Oppressive States

The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified

Countries. This contracting prohibition may be waived if the City Council determines that no reasonable

alternative exists to doing business with a company that is covered by City Council Resolution Nos. 59,853-N.S.,

60,382-N.S., and 70,606-N.S. If your company or any subsidiary is covered, explain on the Disclosure Form the

nature of such work.

Bidders must submit the attached Oppressive States Disclosure Form with their proposal.

D. Sanctuary City Contracting Ordinance

Chapter 13.105 of the Berkeley Municipal Code prohibits the City from granting and or retaining contracts with

any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs

Enforcement Division of the United States Department of Homeland Security (“ICE”).

Bidders must submit the attached Sanctuary City Compliance Statement with their proposal.

E. Conflict of Interest

In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of

interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's

firm, or any immediate family member of the preceding, has served as an elected official, employee, board or

commission member of the City who influences the making of the contract or has a direct or indirect interest in

the contract.

Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may

be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict

of interest.

RFP Revised Nov2022

This is the opportunity summary page. You are currently viewing an overview of this opportunity and a preview of the attached documentation. For more information, please visit the Publication URL Web page.

FAIR WORKWEEK ORDINANCE IMPLEMENTATION

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