SWEATFREE PROCUREMENT ADVISORY GROUP

Minutes from the July 14, 2022 Meeting

 

MEMBERS PRESENT:  Conchita Lozano-Batista (Chair), Coyote Codornices Marin (Vice-Chair), Julienne Fisher, John Logan (joining late), Jason Oringer

MEMBERS EXCUSED: Joyce Kimotsuki

CITY STAFF PRESENT: Hallie Albert (OLSE), Pat Mulligan (OLSE), Shawn Peeters (OCA), Sailaja Kurella (OCA)

 

CALL TO ORDER/INTRODUCTIONS                         

                                                                                             

1. ADOPTION OF AGENDA                                                                                       

 

The order was switched as to items four and five and then the Agenda was approved unanimously.                          

2. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA          

         

There was no public comment

 

3.  APPROVAL OF MINUTES                                                                                        

                   

Motion to approve and approved unanimously.

 

4.  OCA UPDATE                                                                                                              

 

Shawn Peters reviewed the report and status on tracking down the 12-U-I forms and POs released.

Peters is working with Banner to collect the forms still owed to the City. Coyote Marin asked about the

ADS contract and if the City prefers contracting with more than two suppliers. Marin also

asked about the “Master contract.”

 

Peters explained that there is a large RFP process and the only suppliers who participated were Banner and

Muscatellos. Marin asked it a supplier is delinquent in producing the 12-U-I forms, can that be used to shift

procurement to a compliant supplier? Peters explained that 12-U-I forms are not a stick and cannot be

used that way.

 

Sailaja Kurella discussed the Master Agreement, which streamlines the process and clarifies the

application of SF laws to the contracts. A 12-U-C form is required anytime there is a “mini-solicitation” and if the vendor does not submit it, they are non-compliant and out of the running. Whereas a 12-U-I form is required before the final PO is issued and delay is common. There are no known instances when the form was never provided. Peters followed that the PO is at the time of release for that particular product and information gathering.

 

Marin asked why the monetary amounts were the same on the Master Agreement. Kurella answered that the NTE amounts are the upper limit and approvals are needed. As POs are issued for the department specific contracts on specific items, the Master Agreement number is drawn down.

 

 

 

 

5. CONTRACT RECOMMENDATIONS UPDATE                                                     

 

Jason Oringer spoke with Supervisors Mar’s and Chan’s staff. They wanted to know who the author of the legislation will be and what next steps are. Chan is open to sponsor, but defers to Mar. Julie Fisher said Chan is excited and she has not heard back from Supervisor Peskin’s office. Conchita Lozano-Batista offered to reach out to Peskin. Marin had no update from the last meeting.

 

Lozano-Batista said Corporate Accountability Lab (CAL) reached out to her and want to speak with the BOS directly. She asked CAL to prepare something and suggested the SPAG focus on the supervisors who expressed interest and connect them with CAL for a meeting.

 

Pat Mulligan said the SPAG can give advisory support but OLSE and OCA cannot assist. A majority of the BOS must support the legislation and they need a champion to advocate for it. A discussion ensued on whether to hold the meeting with the BOS members in person. Marin recommended Lozano-Batista and CAL draft the legislation. A discussion continued about how to draft the legislation. SPAG can present a draft or have a board member draft it. They can review 12U with the City Attorney.

 

Regarding doing a “temperature check of suppliers” regarding the proposed changes to the contract: Peters will draft a communication that OCA, SPAG and OLSE approve to send to all who may be affected, with an invitation to a SPAG meeting to address any concerns. Kurella said supplier feedback is important and should be received before going to the BOS with the legislation. With many requirements already burdening suppliers and the complexity of contracting with the City, having their input is important. Lozano-Batista will ask CAL if they have talking point for suppliers and forward to Peters if they do.

 

6.  OUTREACH Re: NEW SPAG MEMBERS UPDATE                                           

 

Hallie Albert updated the group on letter sent to numerous law schools and SF Labor Council and agreed to resend in September when schools are back in session.  

 

7.  POTENTIAL ITEMS FOR FUTURE AGENDAS                                                    

• Continue discussion of legislation.
• Check in from WRC.
• Sweatfree Purchasing Consortium (SPC) reached out to Oringer to discuss partnering with other cities. SPC is open to join a SPAG meeting to discuss.