1 South Van Ness Avenue, 3rd Floor San Francisco, CA 94103

1. Pre-Proposal MeetingContract No. SFMTA-2011/12-06Vendor Management Inventory (VMI) Services(CCO 12-1197)Chapter 14B: Local Business Enterprise RequirementsJune 20, 2012 1 South Van Ness Avenue, 3rd Floor San Francisco, CA 94103

2. Contract Compliance Office Maria Cordero SFMTA Contract Compliance Office One South Van Ness, 6th Floor San Francisco, CA 94103 Tel: (415) 701-5239 Fax: (415) 701-4347 2

3. Municipal Code, Chapter 14B 1) Prime Participation by Certified Local Firms. A certified LBE proposing as a Prime receives 10% bid bonus points added to their written and oral scores. Joint Venture Participation receives bid bonus points added to their score depending on their participation. 2) Sub-consulting Opportunities for Certified Local Firms. A 17% availability goal is set on this contract. Utilize only HRC Certified firms to meet the 17% goal. A prime proposer is also required to submit good faith efforts documentation (GFE). Proposers listing LBE certified firms to meet a total of 22.95% are not required to meet the Good Faith Efforts requirements.

4. HRC Forms Required to be Submitted with Proposal Forms attached to bid packet as Appendix A • Form 2A: HRC Contract Participation Form • Form 2B: HRC “Good Faith Outreach” Requirements Form: Please review and follow this form in detail. • Form 3: HRC Non-Discrimination Affidavit • Form 4: HRC Joint Venture Form • Form 5: HRC Employment Form • HRC 12B-101 Form: Equal Benefits(if needed)

5. Bonus Points Application • A 10% bonus point to a Small or Micro-LBE; or a joint venture between or among Small or Micro-LBEs; or • A 5% bonus point to a joint venture with Small or Micro-LBE participation that equals or exceeds 35%, but is under 40%; or • A 7.5% bonus point to a joint venture with Small or Micro-LBE participation that equals or exceeds 40%; or • A 10% bonus point to a certified non-profit entity.

6. Joint Venture/Prime Association • The LBE joint venture partner must be responsible for a clearly defined portion of the work to be performed • The ratings bonus is applied only when the LBE partner has sufficient skill, experience, and financial capacity to perform the portion of the work identified for the LBE • The joint venture partners must be of the same or similar discipline in order to be eligible for a rating bonus

7. Meeting the Established Goal and Good Faith Effort Requirements Two options: • Proposers meets the 17% goal and submits good faith effort form 2B, OR • Proposer exceeds the 17% goal by 35% or more for a total of 22.95% of the total amount of the bid and do not have to submit good faith documentation, just check the yes box on form 2B. • NOTE: A certified LBE or Micro LBE Prime proposer may count its own contract work toward meeting the 35% good faith effort exception, in this case the extra 5.95%.

8. STEPS FOR GOOD FAITHHRC Attachment 2: Form 2B • Attend any pre-solicitation or proposal meetings • Identify and select sub-consulting opportunities • Advertising for LBE sub-consultants • Contacting LBEs certified to perform work • Provide adequate information to LBEs • Negotiate in good faith; advising on requirements

9. Good Faith Efforts ExemptionExample: Responsive Non-LBE Solo Prime

10. Good Faith Efforts Exemption Example: Responsive Non-LBE/LBE JV Prime

11. Good Faith Efforts Exemption Example: Non-Responsive Non-LBE/LBE JV Prime

12. Good Faith Efforts RequirementsReview Process • Attending the pre-proposal meeting equals 15 points of the needed 80 points total. • Advertising no less than 10 calendar days from the due date allows a total of 10 points. • Identifying work types allows 10 points; the work types must be relevant to the scope of work.

13. Item (4) is the bulk of the allotted points. A total of 45 points will be given for contacting the LBE Certified firms listed on the HRC’s website at: http://mission.sfgov.org/hrc_certification/ If there are more than 25 firms certified in a given work type, contact 25, if less than 25 contact all. One point for each firm not contacted will be deducted.

14. Documentation is very important. • Item #5 allows a total of 20 points for submitted documentation, such as phone log, e-mails, faxes; follow-up information; written notes are acceptable. For each interested LBE firm that the proposer does not follow-up with, a point will be deducted. • 80 or more points must be achieved in order to meet the good faith efforts requirements. • Proposals which fail to comply with the material requirements of S.F. Administrative Code Section 14B.8 and 14B.9, HRC Attachment 2 and this RFP will be deemed non-responsive and will be rejected.

15. Proposals (including completed fee schedule) must be received by 4:00 PM PST, on July 23, 2012. Postmarks will not be considered in judging the timeliness of submissions. Proposals may be hand-delivered or mailed to the Contract Manager: Mikhael Hart SFMTA One South Van Ness Ave., 3rd Floor San Francisco, CA 94103

16. Equal Benefits Program Administered by the San Francisco Human Rights Commission

17. SF Human Rights Commission • The San Francisco Human Rights Commission enforces the City’s anti-discrimination ordinances including the Equal Benefits Ordinance contained in San Francisco Administrative Code Chapter 12B • The successful proposer will be required to agree to comply fully with and be bound by the provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally, Chapter 12B prohibits the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public accommodation.

18. The Equal Benefits Ordinance • City is prohibited from entering into contract with an entity that discriminates in the provision of benefits between employees with spouses and employees with domestic partners

19. Definition of Domestic Partner • Ordinance defines domestic partners as same or opposite sex couples registered with any state or local government domestic partner registry • CA domestic partner registry limits opposite gender domestic partner registration - one person must be over age 62 • Plans must define domestic partner consistent with Equal Benefits Ordinance

20. Compliance Process • Complete Form HRC-12B-101 “Declaration: Non-Discrimination in Contracts and Benefits” • Provide specific supporting documentation confirming equal coverage • letters from insurance providers / administrators • plan documents • employee handbook

21. Reassurance • California insurers must sell equal coverage under State law • No additional cost for covering domestic partners • Compliance must be in place at the time contract is signed • Ordinance does not mandate coverage, only equal coverage • Vendors who comply nationally remain compliant unless benefits have changed

22. Joint Venture • Each joint venture partner must be individually compliant • The joint venture must submit a Form 101 and will automatically become compliant when each partner of the joint venture is compliant

23. Assistance • Quick Reference Guide on www.sf-hrc.org website. • For additional information please contact the SFHRC at (415) 252-2500.