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    Dennis Talking Points

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    Dennis Talking Points

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    Jeff Elder
    Dennis Talking Points

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    Dennis Talking Points What: * Behested Payments Exemption Ordinance (Exempting SIP from Behested Payment Regulations) © Sponsored by: Supervisors Peskin, Mar, Walton, Preston, Chan, Safai When: * Ethics Commission Meeting — July 27", 2022, TIME TBD — AWATING CONFIRMATION FROM ETHICS COMMISSION STAFF Talking Points: Good morming Commissioners, my name Is Dennis Herrera, and I'm the General Manager of the San Francisco Public Utilities Commission ! want te thank Supervisor Peskin for sponsoring this item and thank Supervisors Mar, Welton, Preston, Chan, and Safai for co-sponsoring it. | also want to thank Mayor Breed and her staff for their leadership, guidance, and concurrence on this item. Finally, I want to thank the Ethics Commission, Director Pelham, and her staff for their collaboration and direction. ''d like to start with sharing what the SIP program is and what it isn’t. And then Ill move into the steps we've taken to ensure that we're good stewards, transparent, and accountable. Here is what the SIP Program is: when we publicly advertise certain large contracts, which we do so by publicly pasting them on our webpage and emailing all firms so that everyone has the same information, we include a section in the solicitation which allows firms to voluntarily propose ways in which they can support the communities that are Impacted by the given project For example, firms could propose to volunteer in local public schools that are close to the project site, teaching kids about water, clean energy, and STEM. Or thay could propose, for example, to help with environmental issues in the project area, such as doing a beach clean-up. Firms submit these proposals completely independently, without any contact with, nor Involvement from, SFPUC or City staff, To be crystal clear, none of a firm’s proposed commitments, not a single dollar or volunteer hour, cen come to the City or the SFPUG, nor will the commitments be directed by City or SEPUC staff to go to any specific school or non-profit. The SIP proposals a firm makes in response to a Publicly noticed and advertised contract themselves become a public record as the firm submits Its proposal in response to the public solicitation, The firm's larger submittal, which also contains Its SIP commitments ifthe firm so Chooses to include them, goes through the solicitation review and selection process eletated by long-established City regulations and overseen by the City’s Contract Monitoring Division, SIP program staff are not allowed to be on the panel reviewing the Cree salsa all panel members must sign confcts of interest forms just oe every other panelist must do, affirming that they have no relationship with o- interest in any of the organizations involved in the Procurement. 'f, after the solicitation review and selection process, a firm is selected for the given contract, their propesed SIF. Commitments are included in the contract that is Sr eg na ate SIP Commitments, becomes @ public record for all to see on the SFPUC and Board of Supervisors websites. Firms then must deliver these SIP commitments during the term of the contract. As you may know, the Controller's Office conducted an aut of this program last year, That eudit made seven recommendations, all seven of which our agency has publicly ‘committed to implementing by the end of the year in 2022, {take the SFPUC’s Social Impact Partnership Program and the independent audit completed on it very seriously. As the General Manager of the SFPUC, 1am committed to transparency and accountability, and hold myself and my staff to the highest ethical standards, ‘We've made significant progress on addressing the audit Fecommendations. '"ve directed my staff to do everything recommended in the audit and more to ensure that we have a SIP program that is transparent and accountable, and has positive impacts for the communities that we serve. As Contracts Progress, and firms deliver their SIP commitments while completing the Given project, there are additional measures the SFPUC takes to ensine transparency and accountability. commitments, we have developed a publidy accessible dashboard on the SFPUC website that shows every contract, every firm, every school, and every non-profit, breaking down what the firms committed and have Gelivered to date, which schools and non-profits received SIP commitments, in which year the non-profits and schools received them, and the type of SIP commitment they received — volunteer hours or financial contributions, All of this information is posted publicly on our dashboard, and is updated as we receive info from the contractors as they submit their required bi-annual reports. ‘We've also included pages on our dashboard where we list all the contracts, both closed and active, and detail the firms’ performance in the delivery of their proposed $1? Commitments, which are included in their executed contract, Ifa firm is meeting or exceeding the delivery of their SIP commitments, they're listed on the dashboard in green. If they're at risk of failing to deliver their pleclged SIP commitments they're listed in yellow. If they're failing to deliver their pledged SIP commitments, they'te listed in red, By publicly posting this Information, it allows everyone, including the public, the firms, and the given contract's project manager to see how the firm is doing in terms of delivering their SIP commitments and, as required by the audit recornmendations, serve as another transpareney end public accountability measure, 'n addition to the public dashboard, we've also created a handbook, which includes many of the audit recommendations and showcases the program’s governance, administration, procedural requirements, data systems, and the roles and responsibilities of program staff all in one place for everyone to access, We will be publicly posting this handbook on our website for everyone to publicly access One final thing that we're doing, and this idea was developed after meeting with Director Pelham and her Ethics Commission staff, is we're creating a website for any non-profit and public education institution to register as an entity interested in partnering with firms through the SIP program. This publicly accessible list will include all interested non-profits and public education institutions and those that have Previously participated in the program, This public website will allow all of the firms, ‘non-profits, schools, and members of the public to all have the same information. it will bring down the walls of access to information, negate the need for any intermediaries, and not Involve SFPUC staf in the process of firms being able to see for themselves who are ALL of the public schools and non-profits that have requested to be listed publicly as interested in participating in this program. Everyone will have access to all of the same Publicly available information for themselves. Those are some of the goad government, transparency, and accountability measures ‘we've implemented in response to the audit recommendations, Since the passage of the original behested payments Ordinance, the Mayor's Office, six Supervisors, with Supervisor Peskin as the lead, have sponsored the legislation before YoU, Which states that the SIP program does not constitute behested payment. gam here todey, Commissioners, to respectfully sk that you concur with thase six Supervisors end Mayor Breed, and that we gain your approval so we can Proceed with obtaining Board of Supervisors approval to proceed with Implementing the SIP program with the highest ethical standards, good government, transparent, ane accountability measures that the communities we ‘Serve deserve, Thank you for your consideration. My staff and | are happy to answer any questions you may have, ‘SIP Program FAQs For Ethics Commission ‘SIP Program Overview * Behested payments are defined in the newly effective ordinance s when a department or Its staff direct or request that a firm, contractor, or individual provide funds or other resources to any other entity or organization. Ata high level, why doesn't SFPUC's SIP program constitute a behested payment? © Atits core, the SFPUC's SIP program does not require that any one firm, contractor, or individual provide funds or resources to any other specific entity or entities, © Rather, SIP is part of 2 contracting process that is publicly and widely advertised to any and ail interested contractors to voluntarily propose to deliver financial commitments and volunteer hours directly to any organizations or schools (not SFPUC or the City) that they (the proposing firm, not SFPUC) identify in their proposals, which are submitted through responses to RFPs/RFOs that are all public records. © As firms independently identify which programs and organizations/schools to make commitments to, SEPUC staff have no invelvement in who the firms Propose to make commitments to. (In fact, SIP staff do not even know which firms will ultimately submit proposals in response to the underlying RFPS/RFOs, inrespective of whether those firms choose to make SIP commitments or not.) © Additionally, at no point does SFPUC consider, evaluate or determine whether ‘one organization that firms may make a commitment to is in any way superior to another organization or recipient, or whether one type of program (sducational or environmental, for example) is better in any way than another. We don’t ever evaluate or say that giving any amount of money or time to organization A is in any way better than giving those same resources to organization B, or that volunteering time in public schools is any way better than volunteering that same time to an environmental cause. © The entire program is administered through a public procurement process and culminates in public review and approval of contracts at publicly-noticed SFPUC Commission meetings, and for certain contracts, Board of Supervisors meetings. This public process ensures transparency and accountability, © What does it mean that firms can “voluntarily propose” SIP commitments as part of a response to a solicitation? Is the SIP program not required? © Firms are not required to submit SIP commitments in their Proposals and, in Practice, some firms do not propose any SIP commitments in their responses to RFPs. The SIP Program constitutes 5% of the evaluation points for the contracts ‘that include the program. Firms who seek to pursue those 5% evaluation points, can voluntarily propose to deliver financial commitments and volunteer hours directly to organizations that the proposing firm identifies and selects to deliver commitments to during the term of the contract. Firms that voluntarily submit SIP proposals are then evaluated by an independent panel, whose members have no conflicts of interest, in orcer to receive up to the 596 of points allocated to the SIP Program, ‘* If proposing SIP Commitments is voluntary, is the delivery of the Proposed SIP commitments also voluntary? © Ro. While the decision to propose SiP commitments is completely voluntary and arte dlscration of each individual firm to determine whether o pursue the ope Of points allocated to SIP, once the firm Proposes SIP commitments and If they are awarded the contract, the specific SIP commitments that the firm voluntarily Proposed become a binding deliverable in their contract agreement, to be delivered during the term of the underlying contract. These contracts ore public records that are approved at publicly noticed meetings by the StPUC Comission, and for certain contracts, by the Board of Supervisors, * 's afirm allowed to make SIP Commitments to a City ‘agency? For example, volunteering hours at a loeal library? © No. SIP Commitments may not be made to any City agency, including the SEPUC. ASIP Commitments must be delivered directly to public education institutions (Such as SFUSD) or non-profit organizations located in the geographic area of the project. * Can a firm propose SIP commitments to a program that the SFPUIC or other City agencies may also ‘separately fund? © Yes Since firms independently identify which programs and organizations to make commitments to, and SFPUC staff have no involvement in who the figs soenge to make commitments to, SEPUC cannot prohibit ims from making srmmitments to programs that meet all of the programmatic criteria, including ‘hase that may have separately and independently recelved other City funds, * Could a private schoo! or institution receive SIP Commitments? What about a charter school? 2 No. SIP Commitments to educational institutions must be made to public schools or institutions. Charter schools may be eligible if affiliated with a lore! public school district, * Bo SIP commitments have to align withthe goals/mission ofthe SFPUC? Or could they 80 to an Initiative that is ‘totally unrelated to the SFPUC’s mission? © The SIP Commitments must be made in the categories publicized on ‘SFPUC'’s \website and throughout all of the contracting documents associated wih SIP, which have a nexus to ‘SFPUC's utility operations and policies (such asjob ‘exposure or internships related to utility- or STEM-related fields, small business SUPPOr, environmental stewardship, or education programs in public schools), * Ifa firm commits money to a school or non-profit, are there rules around what that money can be used to do? 2 SIP commitments must benefit the communities, neighborhoods, and/or residents served or impacted by the SFPUC. Commitments must be made directly to public schools or non-profits in the geographic area of the project and in the program areas/categories publicized on SFPUC’s website and throughout all of the contracting documents associated with SIP. Schools and nonprofits must report (to the firms that selected them) the impacts and metrics resulting from SIP commitments, and firms in turn report that information to the SFPUC, ‘* The SFPUC has facilities and projects throughout California, ranging from SF to ‘Yosemite; if a project is located outside of SF, where are the SIP commitments delivered? © SIP commitments must benefit the communities, neighborhoods, and/or residents served or impacted by the SFPUC. The SFPUC service area includes the following counties: Tuslurnne, Mariposa, Stanistaus, San Joaquin, San Francisco, Alameda, San Mateo, and Santa Clara. Firms must propose commitments to the specific community or neighborhood impacted by the project and as described in the underlying Request for Proposal/Offer. * When do firms have to deliver their SIP commitments? © Firms must detiver SIP commitments during the term of the agreement, after they receive Notice to Proceed (NTP). * Who decides which non-profits and schools receive SIP commitments? © Proposing firms must independently determine which organizations or schools to make SIP commitments to. No SFPUC or SIP staff are involved in identifying ‘the non-profits or schools that the firms voluntarily choose to make commitments to, © The SFPUC is creating an online too! for any non-profit and public education institution to register as an entity interested in partnering with firms through the SIP program. This public registry, which will live on the SIP website, will allow all of the firms, non-profits, schools, and members of the public to have access to the same information. it will bring down the walls of access to information, negate the need for any intermediaries, and allow firms and interested parties to see for themselves who are ALL of the public schools and non-profits that have registered themselves publicly as interested in participating in this program. Everyone will have access to all of the same publicly available information for themselves. The SFPUC also just launched a public SIP dashboard on the website that allows any interested party to see what schools or non-profit organizations have recelved financial or volunteer support through the SIP program, since the beginning of the program. REP Overview: * How do panelists compare volunteer hours to financial contributions? Does the SFPUC. Provide guidance that one type of commitment is batter than the other? © Per direction from the Office of the City, ‘Attorney, volunteer hours are evaluated ta standard rate of $150 per hour. The total number ot hours volunteered arc (nultiolfed by this standard rate to determine the total value of the volurtce, hours committed. Financial contributions are evaluated as the total dolore Cammitted. The SIP Commitments Table which is included in ali procurements thet include the SIP Program, and which each firm ‘choosing to propose SIP commitments must submit, deteils exactly the types of commitments marie to each program area (L., jobs, small business, education, environment), whether the commitments are volunteer hours or financial contributions, and ene details {eeerding how proposals are evaluated and how many prints are attributed te each evaluation criteria, * How do you ensure there is no eonfitet of interest on SIP panels? © AIISIP Panelists must sign a confit of interest and confidentielity form under the penalty of perjury to indicate that they will be impartial, and ther they and their relatives do not have a relationship with any of the proposing lms or Proposed recipients of the SIP Commitments that would prevent the panelist from exercising fai and impartial judgment in the scoring process, including, but ot limited to: (I) having no financial interest in any of the prospective firms, (i) having no financial interest in eny of the proposed recipients of the sip Shan ament, and (ill not being employed by or sitting on the board of directors OF any non-profit organization or other entity proposed as a recipient or beneficiary of the SIP. commitments being scored by the panel, SFPUC collects all conflict of interest end confidentiality forms, and keeps them on te for record retention. * Area firm's proposed SIP Commitments included in the final Contract that is subsequently executed? Geliverable term of the agreement and are contractually binding. The fren exnutoct agreements are approved at publicly noticed meetings of the SFPUC Commission, and for certain contracts, the Board of Supervisors © Row do contracts that include SIP Commitments ultimately get authorized and executed? ©The Successful firs proposed SIP commitments are included in the draft Contract Agreement. The Contract is brought to the SEPUC Commission for suproval, Certaln contracts over $10M or over 10 years also requite Bosrd of Supervisors’ approval. The CAB Analyst submits the draft Contract. ‘Agreement to the City Attorney for review and approval, and the contract is executed by the City and County of San Francisco and the selected proposer. * What types of solicitations/contracts include SIP commitments? ©. The SIP program is included in professional services, alternative delivery construction (including design-build, construction manager/general contractor, or best value}, and power procurement solicitations with anticipated contract awards of $5 million and above, * Does including SIP in contracts require the SFPUC to waive or alter any of the City’s established contracting rules and regulations? © No. All of the City’s contracting laws and requirements continue to apply and must be separately complied with. + Who can be on a review panel for a solicitation that includes SIP? © Panels inchide the following representatives: 1) A SFFUC employee who has had no contact with the solicitation but is familiar with the SIP program; 2) A non- SFPUC City employee who has professional experience in positive community impact, related to direct service, grantmaking, community engagement, or other related areas; and 3) A non-conflicted community or labor union stakeholder representative who has experience in positive community impact, related to direct service, grantmaking, community engagement, or other related areas, Each panelist should have familiarity in one or more SIP program areas and/or ‘the SFPUC Community Benefits and Environmental Justice policies, in addressing needs for underserved communities, and/or is a current/former resident of or provider of services in the geographic region named in the RFP/RFO, ©. SIF Panelists are approved by the Contract Monitoring Division (CMD). CMD reviews the panels for the following criteria before approving * Panelists must be diverse in gender and race, * Atleast 50% of SIP panelists must be non-PUC staff. ©. SFPUC staff are currently developing a process by which interested parties will be able to apply to serve on a SIP evaluation panel via an online application process. This pracess will result in a pool af prospective panelists for all three identified seats (an SFPUC employee, a non-SFPUC City employee, and @ community/labor representative). * When reviewing and scoring @ SIP proposal, what criteria do panelists use and do SFPUC SIP program staff guide the panelists scoring SIP proposals? © SFPUC's Contracts Administration Bureau (CAB) hosts panel orientations for both technical and SIP Panels. The panel orientations are monitored and attended by a Contract Monitoring Division (CMD) officer to provide guidance to panelists on the process and procedures dictated by City law. CAB and CMO ensure that there is no undue influence on the panelists when SIP staff are communicating with panelists. © Panelists are not allowed to communicate with each other or SFPUC staff, other than the Contract Analyst, during the review period, © Panelists are not allowed to use information outside of the written SIP Submittals to complete their scoring, © Any questions that panelists have must be submitted to the CAB Contract Analyst, who may consult with SIP staff as needed. Answers to the questions are Provided to all panelists so that all panelists have the same information. © Panelists are provided a standardized scoring rubric with the following evaluation criteria, as outlined in the RFP/REO: Work Approach; the SIP Commitments Table; Project Team; and Performance Measures, Accountability and Deliverables, * During the scoring for SIP proposals, how de firms receive tonus points for ‘their SIP Proposals and how many bonus points can a firm receive? © Firms may receive up to five percent (5%) of the total points allocated to the sim aniving technical pertion of the RFP ay bonus pomnts Tor their SIP proposels. © SIP panelists review each firm's SIP Submittal from the proposal and submit the Scores to the CAB Contract Analyst. Panelists utilize a standardized scoring rubric Provided in advance to all praposers in the procurement documents and Publicized publicly on SFPUC’s wobsite, © Each proposal that includes 1P commitments is eveluated on that pre- determined point systern, which permits the application of bonus points at each stage of the selection process, in a fair and objective fashion, © The SFPUC adds any SiP Bonus Points to the total score. Final Rankings are then also posted publicly and available on the SFBid website and the highest ranked firms are recommended for award. nce: Do SFPUC SIP program staff meet with firms that are in the process of Proposing SIP ‘commitments in response to a solicitation? © No. The public Pre-Bid Submittal Conference that CAB hosts, which can be attended by all interested parties, includes a representative from the SIP Progrem who presents an overview of the program to all potential bidders about SIP requirements in the RFP/RFO. This meeting happens prior to firms beginning the process of proposing SIP commitments, © SIP staff cannot communicate with potential proposers during the Restricted Communications Period (ska cone of sence) after the RFP/RFO is advertised or Published on the Contract Advertisement Report and before SFPUC has awarded the contract or has otherwise terminated the competitive proces © Firms may submit questions regarding the solicitation through SFBid or to the CAB Contract Analyst. The Contract Analyst works with relevant staf to geta written answer. CAB posts the written answers to SFBid so that all potential firms have access to the same information. if firms contact any SFPUC staff, including SIP staff, about an active solicitation during the Restricted Communications Period, firms are prompted to send th questions directly to the CAB Contract Analyst. ‘* What if a firm doesn’t know any schools or non-profits in the area that their project is located? © The SFPUC is creating en online tool for any non-profit and public education institution to register as an entity interested in partnering with firms through the SIP program. This public registry, which will ive on the SIP website, will allow all of the firms, non-profits, schools, and members of the public to have access to. the same information. It will bring down the walls of access to information, negate the need for any intermediaries, and allow firms and interested parties to see for themselves who are ALL of the public schools and non-profits that have registered themselves publicly as interested in participating in this program Everyone will have access to all of the same publicly available information for themselves, The SFPUC also just launched a public SIP dashboard on the website that allows any interested party to see what schools or non-profit organizations have received financial or volunteer support through the SIP program, since the beginning of the program. © When do SFPUC SIP program staff meet with firms? What do they discuss at these meetings? © The public Pre-Bid Submittal Conference that CAB hosts, which can be attended by all interested parties, includes a representative from the SIP program who presents an overview of the program to all potential bidders about SIP requirements in the RFP/RFO. © SIP staff cannot communicate with potential firms during the Restricted ‘Communications Period (aka cone of silence) after the RFP/RFO is advertised or Published on the Contract Advertisement Report and before SEPUC has awarded the contract or has otherwise terminated the competitive process, © Within 3 months of Notice to Proceed or Notice of Contract Award, SIP staff meet with the awarded Firm for a kick-off meeting to provide an overview of the SIP program, program policies and procedures, and reporting requirements as outlined in the contract agreement. ©. SIP staff may schedule en annual meeting with each Firm to review annual benchmarks fron their SIP Plan and Timeline and ensure SIP commitment delivery progress. © Other meetings/convenings may be scheduled for the following reasons: * All Firms’ Convening for the SIP program to review program updates, policies and procedures, * ifthere are staffing changes for the SFPUC or the Firm elated to the contract, introductory meetings may ke scheduled to make introductions, review SIP Plan and Timeline, and assess progress, © Firms may contact the SIP Program with inquiries at any time, by emalling SlP@stweter.org. Proposal? Are they allowed to modi of the contract? Firm, Firms may net deviate from the total value of SIP Comrnitmente originally Included in the proposal and contract agreement. f direct financial commitment was made, that commitment must be fuiflled tn cnet original commitment type an¢ may not be fulfilled through an equivalent value in volunteer hours. The geography outtined in a contracts not eligible for requested modifications. Modifications that may be considered include: program area; commitment type (changing volunteer hours to financial); or beneficiary. What is the process for a firm to modify its SIP commitments? © All firms must submit modifications request via the SIP Program’s online portal and ensure completeness. © Requests for modifications must meet the SFPUC’s modification criteria (only allowed when impossible or impracticable to deliver prior commitments for easons beyond the control of the firm). © Modifications will be reviewed and considered for approval by four parties: si Pivatem Manager; Director of Community Benefits; the SFPUC Contract or frolect Manager, and the Firm SIP Executive in Charge. All parties shall sign the final approval. This process is in alignment with other existing agency Procedures, such as for change orders. © Requested modifications will receive a response within 30 days. What measures does SFPUC have to ensure that firms deliver the Sip commitments they proposed? © Firms must provide descriptions of accountability methods that the ‘SFPUC may use to measure actual delivery of the Firm's SIP Commitments, To maximize ‘ransparency and accountability, Fitms must propose a process or mechanism by which the SFPUC can independently verify that the Firms actually delivered sip. commitments. © Additionally, the SFPUC has launched a publicly posted dashooard on the SFPUC website where we list all of the contracts, both closed and active, end detail the firms’ performance in the delivery of their proposed SIP Commitments, which are included in their executed contract. © By publicly posting this information, it allows everyone, including the public, the firms, and the given contract's project manager to see how the firm is doing in terms of delivering their SIP commitments and, as required by the audit recommendations, serve as another transparency and public accountability measure, © The SIP team Is also proactively monitoring each contract, ensuring strong communication with SFPUC contract/project managers and firms, and requiring corrective action as needed to ensure the fitm keeps pace with, and ultimately delivers, the SIP commitments in their contract. © Ifa firm fails to deliver the SIP Commitments in their contract, the firm Is deemed non-compliant and to have breached their contract. The firm would then be liable for liquidated damages in an amount equal to 110% of the total volve of undelivered SiP Commitments, * How many SFPUC staff work on the SIP program? © There is currently only one staff person (the SIP Manager) dedicated to managing the progrern. In the current phiase of responding to the aul, drafting legal contractual language with the City Attorney's Office, making technical systems upgrades, developing the dashboard, etc., a cross-functional team beyond the core SIP team has been convened to be responsive to all of the audit recommendations and to make additional changes to the program. © Historically, in adcition to the SIP Program Manager, two additional positions are assigned to the program (2 Coordinator/Analyst and @ 9922 Public Service Aide): * Social Impact Partnership Manager: Day-to-day program oversight and management, including strategy development * Social Impact Partnership Coordinator/Analyst: Program reporting, compliance monitoring, and database management. * Social impact Partnership 9922 Public Service Aide: Program administration, data input, and quality control. * What are the SFPUC's reporting requirements for firms implementing SIP commitments? What kind of documentation is a firm required to produce? © Firms must submit bi-annual reports and an annual newsletter that summarize the commitments delivered, detailing the name of the program, the nonprofit or educational partners, and the geographic areas served. © Firms much also include additional required documentation, such as: = _Aletter from the non-profit or educational organization acknowledging receipt of the SIP commitments, volunteer timesheets, receipts, MOUs, check stubs or proof of electronic funds transfer, sign in sheets, agendas and presentations, * Does the SFPUC review the reports/documents submitted by fms? Does SFPUC ever make changes to those reports/dacuments? What happens if there is a mistake in tem reporting or missing documentation? © Yes, SFPUC staff review all reports and documents submitted by firms to ensure they are complete and provide all required information © SFPUC staff do not make changes to the reports or documents, ©. Ifthere isa firm entry error or missing documentation, SFPUC staff. Proactively contact firms providing details on the error and/or missing documentation requiring immediate updates. no updates are provided, the report is Considered incomplete and may be deemed a material breach, * What happens if a firm doesn’t deliver the SIP commitments in their contract? © Ifa firm fails to deliver the SIP Commitments in their contract, the firm is deemed non-compliant and to have breached thelr contract. The firm would then bs lable for liquidated damages in an amount equal to 110% of the total value of undelivered SIP Commitments. * Bo SFPUCSIP Program staff help firms develop thelr SIP Plan and Timeline after the contract has been awarded? © No. Firms develop their SIP Pan and Timeline Independently based on the SIP Commitments that they proposed and were subsequently included in theie executed contract. The SIP Plan and Timeline must be submitted to the SIP Program within 3 months of NTP or NCA, ® Does SFPUC vet the non-profits and schools that participate or went to participate in the SIP program? © No. Commitments must be made directly to public schools or non-profits inthe 8eographic area of the project and in the required program areas. © As firms independently identity which programs and organizations to make Commitments to, SFPUC staff have no involvement in who the firms propose to ‘make commitments to. © Additionally, the SFPUC does not place value upon which organizations or schools that the firms choose to meke commitments to, We don’t say that organization A is better than organization B, * Some of the articles on the program have detailed the use of intermediaries and “middle men” as part of the SIP program. Is this allowed? Can a firm bill the SFPUC for the use of an intermediary / middle men supporting the implementation of their SIP commitments? © Firms may utilize individuals to support them in the delivery of their SIP commitments; however, the firm cannot bill the SEPUC for hair use, Just like with the underiying contract, the SFPUC does not intervene in means and ¢ How does the SFPUC make sure that a firm doesn’t wi. methods; firms ultimately decide how they deliver the commitments included in their executed contract. ‘The SFPUC Is creating an online too! for any non-profit and public education Institution to register as an entity interested in partnering with firms through the ‘IP program. This public registry will allow all of the firms, non-profits, schools, and members of the public to all have the same information. It will bring down the walls of access to information, negate the need for any intermediaries, and allow firms and any interested parties to see for themselves who are ALL of the Public schools and non-profits that have registered themselves publicly as interested in participating in this program. Everyone will have access to all of the same publicly available information for themselves, until the very end of its contract to deliver its SIP commitments? ° Firms must develop and submit to the SEPUC a SIP Plan and Timeline within three months of Contrect award. The SIP Plan and Timeline must Provide details regerding expenditures, a schedule, and timelines for executing the Firm’s SIP Commitments. The SIP Plan and Timeline shall align to overall contract progress SFPUC staff are actively tracking the progress of the delivery of SIP commitments, proactively communicating with contract project managers and firms that are at risk of falling behind in the delivery of their SIP commitments, Additionally, SFPUC has launched a SIP. dashboard, where we list all of the contracts, both closed and active, and detail all firms’ performance in the delivery of their proposed SIP Commitments, whieh are included in their executed contract. The dashboard includes a color-coded system, indicating which contracts are falling behind In the delivery of commitments, and ensuring that early and timely interventions like corrective action plans cen be put into place if needed, By publicly posting this information, it allows everyone, including the public, the firms, and the given contract's project manager to see how the firm is doing in terms of delivering their SIP commitments and, as required by the audit recommendations, serve as another transparency and public accountability measure, If the SFPUC SIP Program Team determines that a Firm's delivery of SIP Commitments is 10% or more behind its SIP Plan and Timeline, the SFPUC may withhold subsequent payments owed to the Firm for its work on the Project, ithe Firm’s delivery of SIP Commitments is 10% or more behind the SIP Plan and Timeline, the firm shall be deemed to have materially breached their contract, + HWacontract is amended to a larger dollar amount, are the SIP commitments increased as well? © Wa contract is amended to increase by 10% or more, itis expected that Firms will increase their SIP Commitments proportionally to the increase in contract value under the amendment. A Firm's modified Commitments shail be submitted along with the final contract terms for approval at 2 Publicly noticed SFPUC Commission meeting, and for certain contract amendments, Board of Supervisors meeting. /er less SIP commitments? © AFirm, under very specific conditions, may request to have thelr SIP Commitments prorated. To consider such an appeal, the following conditions must be met: 2) the Firm is currently compliant and responsive to SIP eaulrements; and 2) the contract award Is below the $5 million threshold for Professional services, power procurement or alternative delivery contracts, An anneal fo Prorsta SIP Commitments shell ue made formally and Cutline why it Ts

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