(a) Contract Requirements. Every Covered Contract that includes a Social Impact Commitment shall include provisions consistent with the following:
(1) The Contractor must save, keep, hold harmless, and fully indemnify the City and any of its officers or employees from all damages, costs, or expenses in law or equity, or claims for same, that may at any time arise from performance of Social Impact Commitments. The Contractor shall bear sole responsibility and liability, if any, for any breach of the Social Impact Partnership Program provisions of its Covered Contract or this Chapter 21F.
(2) Failure to comply with the requirements of this Chapter 21F shall constitute a material breach by the Contractor of the terms of the Covered Contract. The SFPUC in its sole discretion shall determine such failure.
(3) The SFPUC shall specify by Rule and Regulation and/or contract provision as appropriate, procedures and remedies for non-compliance with the Social Impact Partnership Program and for enforcement. Remedies may include but need not be limited to (A) revoke non-compliant Contractor’s eligibility for Social Impact Commitment Bonus on future Covered Contracts; (B) assess liquidated damages; (C) withhold progress payments; (D) withhold release of retention; and/or (E) suspend or terminate the Covered Contract.
(b) Modifications. The SFPUC Social Impact Partnership Program Rules and Regulations shall provide procedures and requirements for modifications of Social Impact Commitments within the following guidelines:
(1) Contract Amendments or Modifications. When the SFPUC modifies or amends a Covered Contract that includes a Social Impact Commitment that will result in an increase of the total value of the Covered Contract, the SFPUC shall require that the Contractor propose an increase to its Social Impact Commitment for the Covered Contract. Such increase shall (A) be proportional to the increase in contract value under the amendment or modification and (B) consistent with Section 21F.4, not increase the costs to the SFPUC.
(2) Modifications to Social Impact Commitments. In the event that fulfillment of Social Impact Commitments as provided in the Covered Contract becomes impossible or impracticable, the Contractor may request a modification to its Social Impact Commitments by documenting the impossibility or impracticability of proceeding with its existing Social Impact Commitments and proposing one or more alternatives subject to review and approval by the SFPUC as provided in the Covered Contract.
(Former Sec. 21F.5 added by Ord. 121-99, File No. 990405, App. 5/21/99; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)