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Extracted from Consolidated Report
This investigation was originally published as part of a larger consolidated report containing multiple investigations. View the consolidated PDF for the complete document.
Score: -5
(11/4/16)
San Francisco County Grand Jury
• 2014-2015
2. Scope of This Report
1 pages
⚠️ Translation Notice: This content has been automatically translated. The original English text is the official version. Translation may contain errors.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
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Agency Responses 8
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.
▶
Board of Supervisors
November 04, 2015
• 9 responses
•
Score: -3
(+2, 1, -5)
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9 responses to findings and recommendations
F1
DPW should be commended for its adoption of the CMGC and design‐build structures in large‐scale projects and the Chapter 6 workgroup should be commended for working to streamline the construction contracting process in the City.
Response: Disagree
Score: -1
, the City has made significant commitments to strengthening the City's network infrastiucture through DT's "Fix the Network" project and other citywide efforts around maintenance, disaster recovery, and data center consolidation. As evidence of this commitment, the "Fix the Network" project was highlighted as high priority into the most recent ICT plan and funded with $4.3 tnillion in the Mayor's FY 2015-16 and 2016-17 budget- the largest single allocation from COIT's annual project allocation. Additionally, funding for DT's operational budget has continued to grow to support the ongoing capa...
F2
The current lowest bid‐contracting environment is not optimal for the City, since it increases costs due to additional project change orders, and it reduces the number of quality contractors willing to bid on City projects.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 17 wholly with Finding No. 2 for reasons as follows: The Board of Supervisor has no jurisdiction 18 over the hiring processes that OHR and OT have established and continue to update.
F3
The complexity of the contracting environment, especially as it relates to LBEs, reduces the pool of contractors willing to do business with the City, thereby limiting vendor selection.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 22 Finding No. 3; and, be it 23 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 24 partially with Finding No.
F4
Change orders are not managed uniformly across departments, which exposes the City to increased project costs.
Response: Unknown
Score: 0
, DT created a Business Engagement Office as part of its reorganization. The purpose of the Business Engagement Office is to utilize best practices for client engagement, service delivety, and vendor relationship management. The Office is currently staffed by an existing staff member with budget approval to add an additional staff member in the current fiscal year. The department intends to continually evaluate the needs of the team and consider adding additional resources in corning fiscal years. Page 6 of 6
R4
The Office of the Controller should implement a standardized change order management policy and require all City departments to adhere to the new change order policy.
Response: Will Not Implement
Scheduled: FY 2015
Score: -1
for more details on the implementation timeline of this initiative. Recommendation 4: The Office of the Controller should develop the skills invent01y capability in the eMerge PeopleSoft system to update IT employee skills by the end ofFY15-16. Recommendation has not been, but will be, implemented in the future. The Office of the Controller agrees with this recommendation. The Office of the Controller is advancing this capability through the eMerge PeopleSoft system which includes functionality to house a skills invento1y and link those skills to job classifications, positions, and employees- ...
F5
Construction contract close out procedures are not followed, which can result in the City not receiving the services it contracted to receive.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 4 Finding No. 5; and, be it 5 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 6 wholly with Finding No.
F6
The variety of construction projects in the City creates a mismatch between the design and engineering skills required for current projects and the skills of the staff, resulting in duplicate labor costs when outside firms are retained and excess capacity when there is a decline in construction activity.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 6 wholly with Finding No. 6 for reasons as follows: The Board of Supervisors has no jurisdiction 7 over the hiring processes that OHR and OT have established and continue to update; and, be 8 it 9 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 1O wholly with Finding No.
F7
The lack of integrated construction management systems and the failure to follow centralized construction management policies and procedures prevents the City from generating citywide construction reports.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 1O wholly with Finding No. 7 for reasons as follows: The Board of Supervisor has no jurisdiction 11 over the hiring processes that OHR and OT have established and continue to update; and, be 12 it 13 FURTHER RESOLVED, That the Board of Supervisors reports that Recommendation 14 No.
R7
The Mayor should allocate financial resources in the current City budget to fund the Department of Technology hiring a consulting firm with extensive construction management expertise to develop citywide system requirements for the implementation of a construction management system.
Response: Implemented
Score: 0
, presented to the public COIT body in their September 19'h, 2013 meeting and updated the group on January 29'", 2015. The taskforce will continue to present updates and proposals to the public COIT body in the future. Recommendation 9: DT needs a recruiter dedicated exclusively to DT and other IT units' staffing needs. Recommendation has not been, but will be, implemented in the future. As part of the larger departmental reorganization, DT has prioritized existing resources in the current fiscal year to support the existing efforts to improve IT recruitment through DHR. The department is in t...
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Board of Supervisors
October 22, 2015
•
18 pages
• 7 responses
•
Score: -4
(+1, 1, -5)
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7 responses to findings and recommendations
F2
The current lowest bid‐contracting environment is not optimal for the City, since it increases costs due to additional project change orders, and it reduces the number of quality contractors willing to bid on City projects.
Response: Disagree Partially
Score: 0
the Board of Supervisors reports that they disagree partially with 12 Finding No. 2 for reasons as follows: The City has to balance its responsibility to the 13 taxpayers with a clear timeline and stricter oversight on project delivery and cost control; and, 14 15 be it ٠.
F3
The complexity of the contracting environment, especially as it relates to LBEs, reduces the pool of contractors willing to do business with the City, thereby limiting vendor selection.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 16 partially with Finding No. 3 for reasons as follows: The Board of Supervisors passed 17 Legislation amending Chapter 6 of the Administrative Code which took effect August 1, 2015.
F5
Construction contract close out procedures are not followed, which can result in the City not receiving the services it contracted to receive.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree
FURTHER RESOLVED, That the Board of Supervisors reports that they agree with 1 Finding No. 5 for reasons as follows: When the Controller's City Services Auditor (CSA) 2 conducted an audit of the closeout procedures it found a number of shortcomings including 3 lack of sufficient documentation, adequate review or verification, and adherence to existing 4 policies and procedures; and, be it 5 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 6 partially with Finding No.
F6
The variety of construction projects in the City creates a mismatch between the design and engineering skills required for current projects and the skills of the staff, resulting in duplicate labor costs when outside firms are retained and excess capacity when there is a decline in construction activity.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 6 partially with Finding No. 6 for reasons as follows: In addition to the wide variety of skills the 7 department has in-house, the use of consultants gives the department flexibility to meet the 8 needs of other departments and meet peak demands without the need to increase its staff, 9 departmental budgets and overall project costs; and, be it 10 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 11 partially with Finding No.
F7
The lack of integrated construction management systems and the failure to follow centralized construction management policies and procedures prevents the City from generating citywide construction reports.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 11 partially with Finding No. 7 for reasons as follows: The Civil Grand Jury is correct that there is 12 not an integrated citywide construction management system.
F8
The City does not have an independent management group reviewing citywide construction performance reports and monitoring adherence to change orders and construction contract close out policies and procedures.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 17 partially with Finding No. 8 for reasons as follows: The Jury is correct that there is not an 18 independent management group that monitors construction; However the Board of 19 Supervisors is represented on the Capital Planning Committee which monitors and prioritizes 20 infrastructure investments.
F9
San Francisco City departments do not issue final reports on construction projects that are readily available to its citizens.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 1 Finding No. 9 for reasons as follows: While some reports are posted online and publicly 2 available, City departments do not issue final reports when construction projects are 3 completed; and, be it 4 FURTHER RESOLVED, That the Board of Supervisors reports that Recommendation 5 No.
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Board of Supervisors
October 22, 2015
•
18 pages
• 5 responses
•
Score: +1
(+3, 0, -2)
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5 responses to findings and recommendations
F1
DPW should be commended for its adoption of the CMGC and design‐build structures in large‐scale projects and the Chapter 6 workgroup should be commended for working to streamline the construction contracting process in the City.
Response: Agree
Score: +1
the Presiding Judge of the 13 Superior Court that they agree with Finding No. 1 for reasons as follows: 30-60 megawatts is 14 a modest size for launch, and the Board of Supervisors will work with the SFPUC to expand 15 CleanPower San Francisco (CPSF) as quickly as possible, mindful that moving to 100% clean 16 energy is the single most important thing San Francisco can do to combat climate change; 17 and, be it 18 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 19 partially with Finding No.
F2
The current lowest bid‐contracting environment is not optimal for the City, since it increases costs due to additional project change orders, and it reduces the number of quality contractors willing to bid on City projects.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 19 partially with Finding No. 2 for reasons as follows: The Board of Supervisors recently 20 approved language regarding the use of unbundled Renewable Energy Certificates (RECs), 21 saying they "shall be limited to the extent deemed feasible by the SFPUC, consistent with the
supports having two product offerings under CPSF: one with 100% green power and another 1 with less than 100% but more than what PG&E offers; and, be it 2 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 3 partially with Finding No.
F3
The complexity of the contracting environment, especially as it relates to LBEs, reduces the pool of contractors willing to do business with the City, thereby limiting vendor selection.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 3 partially with Finding No. 3 for reasons as follows: Providing clean energy to San Franciscans 4 is the chief purpose of CPSF, but creating local jobs is an important and complementary 5 purpose that is not delaying the program; and, be it 6 FURTHER RESOLVED, That the Board of Supervisors reports that they agree with 7 Finding No.
F4
Change orders are not managed uniformly across departments, which exposes the City to increased project costs.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 7 Finding No. 4; and, be it 8 FURTHER RESOLVED, That the Board of Supervisors reports that they agree with 9 Finding No.
F5
Construction contract close out procedures are not followed, which can result in the City not receiving the services it contracted to receive.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 9 Finding No. 5 for reasons as follows: After 12 years of effort, the Board of Supervisors knows 10 this truth all-too-well, and is thankful to finally be collaborating with the Mayor and SFPUC to 11 launch CPSF as quickly as possible; and, be it 12 FURTHER RESOLVED, That the Board of Supervisors reports that Recommendation 13 No.
▶
Board of Supervisors
October 21, 2015
• 1 response
•
Score: +1
(+1, 0, 0)
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1 response to findings and recommendations
F2
The current lowest bid‐contracting environment is not optimal for the City, since it increases costs due to additional project change orders, and it reduces the number of quality contractors willing to bid on City projects.
Response: Agree
Score: +1
Agree/Oisagre-e)Use 1he drop down menu 2015 Re:sponseTat 21)14--15 San Francisco Fire f2.
▶
Board of Supervisors
September 24, 2015
• 6 responses
•
Score: -3
(+1, 1, -4)
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6 responses to findings and recommendations
F1
DPW should be commended for its adoption of the CMGC and design‐build structures in large‐scale projects and the Chapter 6 workgroup should be commended for working to streamline the construction contracting process in the City.
Response: Disagree Partially
Score: 0
the Presiding Judge of the 6 Superior Court that they disagree partially with Finding No. 1 for reasons as follows: the 7 confidentiality provisions for investigations are important as they protect both the complainant 8 and the respondent during the period when accusations are proved or disproved, but the 9 WPO does have limitations that could potentially be enhanced based on future 1O recommendations from the Ethics Commission; and, be it 11 FURTHER RESOLVED, That the Board of Supervisors reports that they disagree 12 partially with Finding No.
F2
The current lowest bid‐contracting environment is not optimal for the City, since it increases costs due to additional project change orders, and it reduces the number of quality contractors willing to bid on City projects.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree 12 partially with Finding No. 2 for reasons as follows: the WPO does fulfill the Charter mandate, 13 but could be improved; and, be it 14 FURTHER RESOLVED, That the Board of Supervisors reports that they agree with 15 Finding No.
F3
The complexity of the contracting environment, especially as it relates to LBEs, reduces the pool of contractors willing to do business with the City, thereby limiting vendor selection.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 15 Finding No. 3.
R3
The CGJ recommends that the proposed Chapter 6 amendment make past performance a construction award criterion for all future City construction contracts including LBE subcontracts.
Response: Will Not Implement
Score: -1
That amendments to the WPO provide a meaningful remedy for the effects of retaliation, by authorizing the Ethics Commission to order cancellation of a retaliatory job action, and increasing the limit of the civil penalty available under the W PO to an amount adequate to repay the financial losses that can result from such an action. Recommendation 3. May be implemented. The Commission believes these recommendations may well improve the WPO and will also take them into consideration. The Commission notes that Employment Law is not part of our mandate and is normally handled by other departments...
F4
Change orders are not managed uniformly across departments, which exposes the City to increased project costs.
Response: Disagree
Score: -1
the Board of Supervisors reports that they disagree with 19 Finding No. 4 for reasons as follows: there is no empirical data to support this finding and it 20 does not indicate the scope and nature of the problem nor the solution to deal with the 21 problem; and, be it 22 FURTHER RESOLVED, That the Board of Supervisors reports that Recommendation 23 No.
R4
The Office of the Controller should implement a standardized change order management policy and require all City departments to adhere to the new change order policy.
Response: Will Not Implement
Score: -1
That amendments to the WPO include a revision of Subsection 4.115(b)(iii) providing that the burden of proof set forth therein does not apply during preliminary review and investigation of administrative complaints to the Commission. Recommendation 4. May be implemented. As stated above, the Commission will carefully consider these recommendations when considering amending the ordinance. The Commission believes that there needs to be some demonstratable basis for a complaint in order to justify an investigation.
OFFICE OF THE MAYOR EDWIN M. LEE SAN FRANCISCO August 7, 2015 The Honorable John ...
▶
Board of Supervisors
September 24, 2015
•
16 pages
• 7 responses
•
Score: +3
(+3, 1, 0)
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7 responses to findings and recommendations
F1
DPW should be commended for its adoption of the CMGC and design‐build structures in large‐scale projects and the Chapter 6 workgroup should be commended for working to streamline the construction contracting process in the City.
Response: Agree
Score: +1
Agree with the finding (if agree is chosen, no explanation is necessary) 2) Disagree with the finding, Wholly 3) Disagree with the finding, Partially Finding 1: The Office of Assessor- Recorder has made progress in clearing up the backlog, and as of February 2015, only 39 properties had exceeded the four-year statute of limitations.
F3
The complexity of the contracting environment, especially as it relates to LBEs, reduces the pool of contractors willing to do business with the City, thereby limiting vendor selection.
Response: Disagree Partially
Score: 0
the Presiding Judge of the 8 Superior Court that they partially disagree with Finding No. 3 for reasons as follows: the 9 SCAPP grant funding and matching funds are not likely to be sufficient to fully eliminate the 1O backlog; however, the Board of Supervisors approved additional funding and staffing in 11 FY2015-16 and will likely provide continued support in the future to reduce the backlog; and, 12 be it 13 FURTHER RESOLVED, That the Board of Supervisors reports that they agree with 14 Finding No.
F4
Change orders are not managed uniformly across departments, which exposes the City to increased project costs.
Response: Agree
Score: +1
the Board of Supervisors reports that they agree with 14 Finding No. 4; and, be it 15 FURTHER RESOLVED, That the Board of Supervisors reports that they partially 16 disagree with Finding No.
R4
The Office of the Controller should implement a standardized change order management policy and require all City departments to adhere to the new change order policy.
Response: Unknown
Score: 0
1, see response to
F5
Construction contract close out procedures are not followed, which can result in the City not receiving the services it contracted to receive.
Response: Unknown
Score: 0
The office's goal is to develop a long-term plan in FY 2015-I 6 and to continue refining that plan as more information is known about market conditions or resource changes. Recommendation 3. The City and County needs to provide General Fund money (from the expected increase in revenue from property taxes due to a more productive OAR) in the FY 15-I 6 budget to
Page4of4 support new funding for key administrative positions and on-going funding for OAR positions after the expiration of the three-year grant. Response: 1 & 2, the Board of Supervisors and the Mayor approved a $22 million General Fu...
F6
The variety of construction projects in the City creates a mismatch between the design and engineering skills required for current projects and the skills of the staff, resulting in duplicate labor costs when outside firms are retained and excess capacity when there is a decline in construction activity.
Response: Agree
Score: +1
Recommendation 5. The 2015 and on-going OAR Annual Reports need to be written in a more explicit, consumer-friendly, jargon-free fashion, highlighting and clearly defining any efforts made in reducing the backlog, discussing the financial implications for not doing so, and addressing any progress made, or obstacles encountered, in fulfilling the recommendations for office improvements. Response: 1, the Office of the Assessor-Recorder strives to make information on the functions of the office and requirements of the revenue and tax code assessable to taxpayers and looks forward to continuing to...
F7
The lack of integrated construction management systems and the failure to follow centralized construction management policies and procedures prevents the City from generating citywide construction reports.
Response: Unknown
Score: 0
2, Section 1.56 of the San Francisco Administrative Code requires City offices or departments to prepare an annual report describing its activities as part of the annual statement of purpose. The intent of the annual report is to share progress on key initiatives, inform the taxpayers of the general function and direction of the office, in addition to providing data on workload, challenges and achievements. Recommendations from previous Civil Grand Jury/Controller Reports and from previous Board of Equalization Assessment Surveys have also been addressed through the office's official responses...
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Mayor
August 07, 2015
•
4 pages
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SFFD Chief of Department
September 01, 2015
•
12 pages
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