For purposes of this Chapter 21F, the following terms have the following meanings:
“Beneficiary” means an organization that is eligible to receive a Social Impact Commitment. A Beneficiary may be: (1) a nonprofit corporation that has established and maintains valid nonprofit status under Internal Revenue Code Section 501(c)(3), as amended, and all rules and regulations promulgated under that section; (2) an organization that has a fiscal agent that is a nonprofit corporation that has established and maintains valid nonprofit status under Internal Revenue Code section 501(c)(3), as amended, and all rules and regulations promulgated under said section and which provides that organization with fiduciary oversight, financial management, and administrative services related to its operation; or (3) a public school, which may include a public school district, County Office of Education, and/or a public college or university. The following are not eligible Beneficiaries: any (1) City department, office, board, commission, or other entity, or (2) City official or employee or Relative of a City official or employee, unless the resulting benefit is incidental to and not unique to the City official or employee or Relative, but rather benefits the general public or a particular community that is the focus or target of the Social Impact Commitment.
“Bonus” means a downward adjustment of the total bid price or upward adjustment of the total rating score of a proposal, as applicable to the competitive process.
“City” means the City and County of San Francisco.
“Contractor” means any private person or entity that enters into a direct contract with the SFPUC for a Covered Contract. Public entities shall not be considered Contractors.
“Covered Contract” means one or more of the following types of contracts: (1) professional services contracts, procured under Chapters 6 and 21 of the Administrative Code, with an award value of $5 million or greater; (2) power procurement contracts, procured under Chapter 21 of the Administrative Code, with an award value of $5 million or greater, which includes (a) purchases from projects constructed in San Francisco or on property owned by the City, (b) new projects where the Contractor identifies an intent to construct a project, or add construction to an existing project, to supply the product purchased under the contract, or (c) existing projects located in California where the contract identifies a specific project that will supply the product being purchased and the purchase does not support construction of a new project; and (3) public work or improvement contracts procured under Chapter 6 of the Administrative Code with an award value of $25 million or greater, including but not limited to competitively bid (§ 6.20), design-build (§ 6.61), construction manager/general contractor (§ 6.68), and best value (§6.74) procurements.
“Financial Interest” has the meaning set forth in the California Political Reform Act, California Government Code Section 87103, and its implementing regulations.
“Relative” has the meaning set forth in Campaign and Governmental Conduct Code Section 3.610, as amended from time to time.
“Social Impact Commitment” means a Contractor’s commitment, as proposed by the Contractor in response to a solicitation for a Covered Contract, to provide either volunteer hours or direct financial contributions to one or more Beneficiaries during the term of the Covered Contract. For the purposes of this Chapter 21F, a direct financial contribution is a monetary payment made to a Beneficiary and to no other person or entity. An in-kind donation with potential monetary value, other than volunteer hours, is not eligible as a Social Impact Commitment for any Covered Contract awarded after the enactment of this Chapter 21F.
(Added by Ord. 261-22, File No. 221126, App. 12/22/2022, Eff. 1/22/2023, Oper. 4/22/2023)
(Former Sec. 21F.2 added by Ord. 121-99, File No. 990405, App. 5/21/99; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)