Scope of Chapter. | |
Definitions. | |
Competitive Solicitation. | |
Advertising Solicitations. | |
Invitations for Competitive Grant Proposals; Grant Agreements. | |
Cancellation, Rejection, Readvertising, and Amendments. | |
Grant Terms. | |
Sole Source Grants. | |
Rules and Regulations. | |
Requirements Based on Funding Source. | |
Administrative Debarment Procedure. | |
Multiple Year Grants. | |
(a) Chapter 21G governs Grants awarded by Granting Agencies.
(b) Grants awarded under Chapter 21G may not involve the contracting out of, or delegation of the responsibility for, any services (1) for the benefit of the Granting Agency, as opposed to the public, or (2) that are routinely performed by City employees.
(c) Chapter 21G applies to all Grants first advertised, solicited, or initiated if no advertisement or solicitation is required, on or after the operative date of the ordinance in Board File No. 201089 establishing Chapter 21G.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.1 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
As used in this Chapter 21G, the following terms shall have the following meanings:
“City” means the City and County of San Francisco.
“Grant” means an award of funds to a Grantee for, or in furtherance of, a Public Purpose, which is paid from monies deposited in the treasury of the City, and which is not required to be repaid except upon default by the Grantee. “Grant” does not include contracts (1) for public works or improvements under Administrative Code Chapter 6; (2) for the City purchase, sale, lease, use, or development of real property; (3) for the City purchase of Commodities or Services under Administrative Code Chapter 21; or (4) to provide financial assistance such as a loan or loan guarantee, an interest rate subsidy, tax relief, or tax credit. “Grant” also does not include grants or assistance (1) authorized under Administrative Code Section 2A.246, the Legacy Business Assistance Program, or (2) to individuals under City service or assistance programs, rebates, or incentives. Departments administering rebate or incentive programs must comply with Section 21G.12.
“Grant Agreement” means a written agreement between the Granting Agency and Grantee wherein the Granting Agency agrees to provide a Grant to the Grantee in return for work to be performed by the Grantee in furtherance of a Public Purpose.
“Grantee” means the party entering into a Grant Agreement with the City. A Grantee may be a for-profit or nonprofit entity, an individual, or a governmental entity. All Grantees (other than governmental entities) must be registered to do business in the State of California and the City and County of San Francisco.
“Granting Agency” means the City department or office that enters into a Grant Agreement.
“Grants Officer” means either the head of the Granting Agency or the head’s designee.
“Proposal” means a response to a Solicitation following guidelines outlined in the Solicitation.
“Proposer” means an entity or individual that submits a Proposal in response to a Solicitation.
“Public Purpose” means a benefit in the interest of one or more communities in the City or for the general good of the people of the City, as determined by the Granting Agency in its judgment.
“Purchaser” means the Director of the Office of Contract Administration of the City, or the Purchaser’s designee.
“Risk Manager” means the Director of the Risk Management Program of the General Services Agency.
“Solicitation” means an invitation to submit a Proposal to receive a Grant.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.2 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003; amended by Ord. 232-24, File No. 240470, App. 10/3/2024, Eff. 11/3/2024)
(a) Granting Agencies shall award all Grants through an open and competitive process under Sections 21G.4, 21G.5, and 21G.6, except for Grants (1) to a governmental entity for programs, activities, or services that can be practically performed only by that particular entity, (2) made to a specific entity as required to comply with applicable law or contract, or as a result of the requirements of the funding source, (3) made for improvement to property by a property owner, (4) awarded on a sole source basis pursuant to Section 21G.8, or (5) awarded for a Core Initiative as set forth in Administrative Code Chapter 21B.
(b) All Grants, including those excepted from competitive solicitation under subsection (a), shall comply with applicable rules and regulations made by the Purchaser.
(c) Each Granting Agency shall submit an annual report by June 1 of each year, commencing on June 1, 2023, to the Board of Supervisors, listing each Grant that the Granting Agency awarded during the preceding calendar year without following an open and competitive process, and with the exception relied on for making each such Grant without said process.
(Former Sec. 21G.3 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
(a) Notices of Solicitations shall be published in accordance with Section 2.98 of the Administrative Code.
(b) The deadline for Proposers to submit Proposals in response to a Solicitation shall be not less than 21 days following publication of the notice of Solicitation; provided, however, the Grants Officer shall have the discretion, for good cause, to shorten this time period to not less than five days following publication.
(c) The notice of Solicitation shall contain a general description of the Public Purpose of the proposed Grant, the deadline for submitting Proposals, a link to complete information about the Grant on the applicable City website, contact information for the Granting Agency, and such other information in the notice of Solicitation that the Granting Agency deems appropriate.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.4 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
(a) Evaluation Criteria. Each Solicitation shall include a clear statement of the process for submitting Proposals and for evaluating Proposals, including the evaluation criteria to be used by the Granting Agency for the ranking of Proposals and for awarding one or more Grants under the Solicitation. The Solicitation shall reserve the Granting Agency’s right to reject or cancel the Solicitation in whole or in part at any time before a Grant Agreement is entered into.
(b) Content of Proposals. A Solicitation shall specify the materials and information that must be included in each Proposal. A Granting Agency shall reject Proposals that do not meet the requirements of the Solicitation, except that it may waive nonmaterial defects or omissions in any Proposal, as determined by the Grants Officer.
(c) Negotiation. The Granting Agency may negotiate a Grant Agreement with one or more selected Proposers consistent with the Solicitation. If, in the judgment of the Grants Officer, an agreement cannot be reached with a selected Proposer, then the Granting Agency may terminate negotiations with that Proposer and begin negotiations with the next highest ranked Proposer. If there will be more than one Grantee, the Granting Agency may negotiate with multiple Proposers simultaneously. All Grantees must be capable of performing the work described in the Grant Agreement, as determined by the Granting Agency.
(d) Grant Agreement. All Grant funds shall be disbursed according to the terms of a Grant Agreement. The Grant Agreement shall be subject to the Controller’s certification of funds, and shall be subject to the City Attorney’s approval as to form.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.5 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
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