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(a) Notwithstanding any other provision of this Chapter 21G, a Granting Agency may award a Grant without conducting an open and competitive process under Sections 21G.4, 21G.5, and 21G.6, in accordance with the Purchaser’s rules and regulations. For Granting Agencies under the jurisdiction of a commission or a board, the Granting Agency shall not award a Grant without conducting an open and competitive process unless the commission or board approves the Granting Agency’s recommendation that the Grant be awarded as a sole source. Before awarding such a Grant, the Granting Agency shall recommend to the commission or board concerned the approval and award of a Grant pursuant to this subsection (a) and such commission or board may then adopt a resolution approving the justification of the sole source and awarding the Grant.
(b) If the form of the Grant is recurring to the same recipient, a determination made pursuant to subsection (a) must be supported by either a formal or informal documented competitive process within the last five years demonstrating the lack of potential Grantees.
(c) Grants for the four City-owned community cultural centers may be awarded as sole source Grants under this Section 21G.8 without complying with subsections (a) or (b).
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.8 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
The Purchaser shall promulgate rules and regulations for effectively carrying out this Chapter 21G no later than December 31, 2021. These rules and regulations shall, among other things, permit sole source Grants when a competitive process is infeasible or impracticable, or when Public Purpose may reasonably be accomplished by one particular Grantee. The Purchaser may update these rules and regulations from time to time, as needed.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 9/4/2021)
(Former Sec. 21G.9 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03.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) Grants funded in whole or in part by a local, State, or federal governmental agency shall satisfy all applicable requirements of this Chapter 21G and of the funding agency. In the event of a conflict between the funding agency’s requirements and this Chapter 21G, the requirements of the funding agency shall prevail.
(b) Grants funded in whole or in part by private agencies shall satisfy all applicable requirements of this Chapter 21G and of the private agency.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.10 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Grantees shall be subject to the provisions and penalties contained in Administrative Code Chapter 28 (Administrative Debarment Procedures). Any order of debarment or suspension issued under Chapter 28 shall be a public record. The Controller shall maintain and publish on the City’s Internet website a current list of Grantees subject to orders of debarment or suspension and the expiration dates for the respective debarment or suspension terms. The Controller shall submit a semi-annual report by January 1 and July 1 of each year, commencing on July 1, 2022, to the Board of Supervisors that includes (a) the Grantees then subject to an order of debarment or suspension and the expiration dates for the respective debarment terms; (b) the status of any pending debarment or suspension matters; and (c) any order of debarment or suspension received by the Controller since the date of the last report.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Former Sec. 21G.11 added by Ord. 15-03, File No. 021791, App. 2/7/2003; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)
Departments administering rebate and/or incentive programs shall widely advertise the availability of rebates and/or incentives. Notices of available rebates and/or incentives shall be published in accordance with Section 2.98 of the Administrative Code. The Controller shall periodically audit rebate programs as provided in Appendix F of the Charter.
(Added by Ord. 110-21, File No. 201089, App. 8/4/2021, Eff. 9/4/2021, Oper. 1/1/2022)
(Added by Ord. 78-22, File No. 220392, App. 5/20/2022, Eff. 6/20/2022; expired 7/1/2023)
Editor’s Note:
Former Sec. 21G.13 (“Short-Term Grant Extensions”) expired on 7/1/2023 per the terms of its sunset clause and was removed from the Code at the direction of the Office of the City Attorney.
(a) When the City anticipates that the need for a Grant program will extend beyond a single fiscal year, subject to the budgetary and fiscal provisions of the Charter, it shall be the policy of the City that Granting Agencies shall enter into Grants with terms of multiple years. If the duration of the service is unknown at the time the agreement is executed, Granting Agencies shall enter into Grants that include options to extend the term of the Grant unless infeasible. The Granting Agencies shall promptly inform Grantees of planned renewals or extensions.
(b) In negotiation and development of multiple year Grants, Granting Agencies shall consider the cost of inflation in subsequent years of the Grant, as well as other necessary programmatic or operational changes in costs. The Controller shall provide guidance to Granting Agencies regarding cost topics such as inflation, the treatment of blended funding, exceptions to costs that might receive an increase, the treatment of new funding sources, and other concerns that relate to sustainable and appropriate funding structures.
(c) Before amendment, renewal, or extension, of a Grant, Granting Agencies and Grantees will negotiate and communicate regarding compensation relating to modified scopes of services.
(Added by Ord. 216-23, File No. 230483, App. 11/3/2023, Eff. 12/4/2023)