(a) Reporting.
(1) The SFPUC shall establish regular reporting procedures for Contractors to follow for the purpose of monitoring compliance with this Chapter 21F. All records submitted by the Contractor for this purpose shall be accompanied by a statement of compliance signed by an authorized representative of the Contractor indicating that the records are correct and complete.
(2) The SFPUC shall publish and maintain a publicly available website dashboard reporting information about Covered Contracts and the performance of associated Social Impact Commitments.
(b) Monitoring. The SFPUC shall monitor the Contractor’s compliance with fulfilling its Social Impact Commitment.
(1) The SFPUC shall establish by Rules and Regulations an administrative procedure to monitor compliance with this Chapter 21F and to address allegations of noncompliance. All Contractors shall cooperate fully with the SFPUC in monitoring and compliance activities regarding the Covered Contract.
(2) SFPUC shall issue a report for each Covered Contract before final payment is issued to confirm compliance with the Social Impact Commitment contract requirements.
(c) Enforcement. The SFPUC shall establish by Rules and Regulations the procedures for enforcement of Covered Contract Social Impact Commitments requirements, including informal resolution and formal notice and action.
(d) Appeals. The Contractor may seek administrative appeal from the SFPUC’s imposition of a remedy for violation of the Social Impact Commitment. The SFPUC Rules and Regulations shall provide for the administrative procedures for such appeals, with a final determination to be made by a hearing officer appointed by the SFPUC General Manager who has not been involved in the solicitation, award, administration, or management of the Covered Contract.
(e) No Third Party Beneficiaries. Only the City may enforce a Covered Contract and the Social Impact Partnership Program requirements. A Beneficiary shall not be considered a third party beneficiary under any Covered Contract; no party shall have a private right of action against the City under this Chapter 21F.
(f) Distribution of Damages. If the SFPUC imposes actual or liquidated damages as a remedy against a Contractor for non-compliance, the Controller shall withhold the damages assessed until such time as either the Contractor has conceded to or acquiesced in the assessment or, in the event of an appeal, there is a determination no longer subject to judicial review. The Controller shall then deposit the amount withheld into a special account which shall be created for the sole purpose of receiving such funds. The funds deposited into this account shall be distributed by the Controller in accordance with the original Social Impact Commitments and by the process set forth in the SFPUC Social Impact Partnership Rules and Regulations.
(Added by Ord. 261-22, File No. 221126, App. 12/22/2022, Eff. 1/22/2023, Oper. 4/22/2023)
(Former Sec. 21F.6 added by Ord. 121-99, File No. 990405, App. 5/21/99; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)