SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer Urban Watershed Stewardship
Grant Program
Presented by Kelly Teter, SFPUC WWE
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer Green Infrastructure City-wide Strategy
Policies ProgramsProjects
Technical Assistance
Strategic Partnerships
2 SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer Green Infrastructure Citywide Strategy
San Francisco's impervious
area is made up of:
• Private Parcels (54%)
• Public Parcels (10%)
• Streets (35%)
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer Public Realm:
Watershed Stewardship Grant Program
New Development:
Stormwater Management Ordinance
Streets:
SFPUC Capital Projects
Residential Properties:
Residential GI Grant Program
Large Properties:
Green Infrastructure Grant Program
City-Wide Green Infrastructure Strategy
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer 5 Green Infrastructure Programs
• Three grant programs provide
funding for community-driven
green infrastructure at different
scales
• Stormwater Credit Program
provides incentive to reduce runoff
• Over $28M in grant funds awarded
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer 6 Watershed Stewardship Grant Program
Lawton Alternative School
Richmond Urban Gardens Far Out West Community GardenDolores Huerta Elementary School (after) Dolores Huerta Elementary (before)
Commodore Sloat Elementary
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer • Launched in 2009 as a pilot in partnership with
City Administrators Office in response to a SEP
• Partnered with Community Challenge Grant to
administer
• Project success led to establishment of permanent
grant program: the Urban Watershed Stewardship
Grant
• Funds community led public improvement projects
with a stormwater benefit
• $2.8 million in grant funds to 48 projects across
the city
• Program has developed strong partnerships with
SF's watershed stewards (non-profit & activist
community)
Watershed Stewardship Grant
Program History
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer Independence High School
Jefferson Elementary School
Fort Mason Center
17th St and Pennslyvania St
Grace Merchant Garden
Lyon Street Slow Streets
Far Out West Community Garden
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer Wastewater's Proposal to Bring Urban Watershed
Stewardship Grant Program In-House
• Community Challenge Grant administrator and SFPUC Wastewater opted to conclude partnership • Opportunity to refine and improve program for grantees & increase SFPUC oversite • Embarked on a program development work plan
- Analysis of existing program and processes
- Documented lessons learned over program lifetime
- Conducted case studies of other relevant programs at SFPUC, city-wide, & nation-wide
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer • Two program tracks: Infrastructure & Stewardship
- Infrastructure Track projects will provide a stormwater benefit in one of San Francisco’s 8 urban watersheds and result in a built project
- Stewardship Track projects will provide a stormwater focused service, program, and/or educational opportunity to CCSF residents and SFPUC ratepayers
• Technical green infrastructure guardrails
- Feasibility site visit required prior to application for all green infrastructure projects managing contributing area.
- Elevated team experience and review requirements for managing GI projects • Accessibility expansion
- Open to property owners, for-profit or non-profit entities, individuals, and governmental entities - Grant funds will cover 100% of eligible costs up to the grant award amount. - Infrastructure Projects will receive 50% of approved construction budget as an upfront payment - New project cap keeps up with inflation
Program Improvements Based On Study
SAN FRANCISCO PUBLIC UTILITIES COMMISSION | Water Power Sewer • Proposed Budget:
- Infrastructure project cap: $250K
- Stewardship project cap: $75K
Budget & Next steps
FY 26/27 FY 27/28
$400K budget $600K budget
• First annual grant cycle planned to open in July and
close in November
• Grants outreach strategy
- Integrated approach across programs
DEPARTMENT
Wastewater Enterprise
AGENDA NO.
11 MEETING DATE
June 23, 2026
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Calendar: Regular Calendar
Project Manager: Kelly Teter
Approve Urban Watershed Stewardship Grant Program for San Francisco Communities
Summary of Proposed
Commission Action:
Approve the Urban Watershed Stewardship Grant Program
Requirements and Terms ; and authorize the General
Manager of the San Francisco Public Utilities Commission to negotiate, award, and execute grant agreements of up to $250,000 each.
Background: Summary of Program History
In 2009, the San Francisco Public Utilities Commission (SFPUC) launched the Urban Watershed Stewardship Grant
Program (Program) as a pilot in partnership with the City Administrator’s Office (CAO) Community Challenge Grant Program to fund community -led projects that remove
impervious surfaces and replace them with climate -
appropriate plantings or install green stormwater
infrastructure such as rain gardens or rainwater harvesting systems. Example projects include removing concrete to install sidewalk gardens and installing rainwater -harvesting systems on school campuses to capture stormwater runoff from roofs to irrigate school gardens . The first year was successful in meeting the Program’s goals, so the SFPUC decided to establish a permanent Program in partnership with the CAO. The CAO administered the grant agreements awarded under the Program, and the SFPUC’s Urban
Watershed Planning Division managed the Program,
conducted outreach, ensured that grantees delivered
stormwater management projects, and provided technical
assistance to grantees. Since 2009, the Program has
awarded $2.8 million in grant funds to 48 projects,
transforming public spaces into sustainable stormwater
management projects with a strong educational focus. All projects were required to install educational signage.
In 2023, the SFPUC decided to examine the possibility of bringing the Program in- house. While grantees under
existing contracts moved forward, the SFPUC ceased
awarding new grants to have time to conduct an evaluation Agenda Item: Approve updated Urban Watershed Stewardship Grant Program Requirements and Terms Commission Meeting Date: June 23, 2026
of the Program’s performance. The evaluation included an in-depth analysis of 48 completed grant projects, interviews of previous grantees, and case studies of local and national grant program successes. The team documented successes
and lessons learned and identified areas for improvement.
This work has resulted in the
revised Urban Watershed
Stewardship Grant Program Requirements and Terms being
presented to the Commission for approval.
Summary of Grant Program
The goal of the Program is to make San Francisco more
permeable and resilient to storm events, and to educate the public about San Francisco’s urban watersheds and how to care for them.
If approved by the Commission, the updated, in -house
Program would continue its mission to provide grant funding to a property owner, a for -profit or non- profit entity, an individual, or a governmental entity that meet s grant
eligibility requirements to deliver multi -beneficial projects that manage stormwater, reduce impervious surfaces , and educate the public about the importance of sustainable
stormwater management.
The Program will award funds to two eligible project types:
(1) Infrastructure Projects and (2) Stewardship Projects.
Infrastructure Projects will result in physical installations that improve stormwater management in San Francisco’s urban
watersheds, such as the removal of impervious surfaces and replacement with drought tolerant plantings or the
implementation of g reen infrastructure (GI) to capture and treat stormwater. Stewardship Projects will result in delivery of educational programming related to San Francisco’s
watersheds, such as the development and delivery of place- based watershed curricul
um, a stormwater monitoring
project, or educational stormwater mural. Project s must meet the following eligibility criteria:
1. Local Stormwater Benefits
a. Infrastructure Track: The proposed project must
provide a stormwater benefit in one of the eight
urban watersheds of the City and County of San
Francisco (San Francisco or City ). Proposed
Infrastructure Projects must result in a built project
located in San Francisco and be either publicly
accessible or visible to the public from a public
place. Infrastructure Project s must remove
impervious surfaces and/or implement a
technology that manages stormwater.
Agenda Item: Approve updated Urban Watershed Stewardship Grant Program Requirements and Terms Commission Meeting Date: June 23, 2026
-OR-
b. Stewardship Track: The proposed project must
provide a stormwater focused service or program
and/or an educational opportunity to San
Francisco residents and SFPUC rate payers.
2. Project Team Qualifications: Technical GI projects
(i.e., projects that collect stormwater from adjacent
surfaces and infiltrate it into the ground) must include a licensed landscape architect or civil engineer
capable of assessing stormwater flows on site and
designing the proposed project to appropriately
manage flows. For projects located on City property,
the grantee must either be a tenant or hold the
appropriate contractor’s license.
3. Project Feasibility Assessment: All applicants for
Infrastructure Projects proposing to implement
Technical GI must complete a site visit with the
SFPUC Grant Manager and receive a site
assessment prior to application. All applicants for
Infrastructure Projects must attend a meeting with the
SFPUC Grant Manager prior to application.
4. Project Team Standing: All project team members
must individually and collectively be in good standing
on any active City grant-funded projects. “Good
standing” means that all active projects are on-
schedule, with timely submitted deliverables, and
compliant with all grant requirements.
5. Educational Signage: All Infrastructure projects must include a proposal for publicly visible signage that
explains the stormwater benefit of the project,
provides engaging watershed education for the
public, and contributes to the aesthetic quality of the site.
A project’s grant award is determined by the project scope and budget, with a maximum grant award of $75,000 for
Stewardship Track projects and $25 0,000 for Infrastructure Track projects.
Application Evaluation
The SFPUC will hold one annual application cycle . The
Grant solicitation will be published on the SFPUC website outlining eligibility criteria, application requirements , and scoring criteria. All applications will be reviewed and scored by a panel of at least three City employees
who are not
involved with the administration of the Program. Applications will be evaluated and ranked based on their proposed
Agenda Item: Approve updated Urban Watershed Stewardship Grant Program Requirements and Terms Commission Meeting Date: June 23, 2026
stormwater benefit s, proposed co -benefits (such as
greening, habitat creation, traffic calming, or educational benefits), and the overall quality of their application as measured against the scoring criteria . Grants will be
awarded on a competitive basis, subject to the availability of funding in each grant cycle.
Reporting Requirements
Grantees are required to submit quarterly reports for the duration of the grant project , from outreach, planning , and design through construction and completion . The quarterly reports must be submitted along with design submittals
and/or reimbursement requests. Before receiving the final grant reimbursement, the Grantee must submit a final report documenting final project information. The quarterly and final report template will be available on the Grant P rogram website. In addition to the reporting requirements,
Infrastructure Track Projects will be required to have a final inspection prior to project close out and f inal reimbursement payment.
Payment Structure
Grant funds are to be released on a reimbu rsement basis, with payment request processing available on a quarterly basis in alignment with reporting requirements. Infrastructure Projects can
receive an upfront payment of 50% of the
SFPUC approved construction bid based on the SFPUC
approved 100% Construction Drawings and all other
required documentation.
Grant Agreement: Description of the Grant Agreement:
The Grant Agreement (see attached template) sets forth the terms and conditions under which the SFPUC will provide financial assistance to Grantees.
Parties to
Agreement:
The SFPUC, Grantee(s), and
property owner (if different from the
SFPUC and Grantee)
Purpose: Implement sustainable stormwater
projects that are publicly visible/
accessible and/or provide
watershed or stormwater education
to San Francisco residents and
SFPUC ratepayers.
Location: City and County of San Francisco
Commencement
Date:
Upon execution of Grant
Agreement.
Length of Five years
Agenda Item: Approve updated Urban Watershed Stewardship Grant Program Requirements and Terms Commission Meeting Date: June 23, 2026
Agreement
Budget & Costs: Funding for the Program is available in the Wastewater Operating Budget within the Urban Watershed Planning
Division in the City Grants line item . The anticipated total amount is $425,000.00 but will depend upon grant
applications and other grant program needs.
Schedule: Pending Commission approval, t he Program is expected to begin accepting applications in July 2026. Each Grant
Agreement will have a five -year term, and the General
Manager’s authority to award and execute grant agreements under the Program will continue as long as funds are
available.
Environmental
Review:
This action does not constitute a project under the California Environmental Quality Act (CEQA) Guidelines Section
15378(b)(4) because it involves the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant impact on the environment.
Staff may disburse funds for tasks such as planning and design, which do not entail any physical changes in the environment, but will not disburse funds for construction until any necessary environmental review of the project(s) has been completed in conformance with the CEQA.
Attachment(s): 1. Urban Watershed Stewardship Grant Program Requirements and Terms
2. Urban Watershed Stewardship Grant Agreement
Template
3. Urban Watershed Stewardship Grant Program
Commission Presentation
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, Since 2009, the San Francisco Public Utilities Commission (SFPUC) has successfully run the Urban Watershed Stewar dship Grant Program (Grant Program) in partnership with the City Administrators Office; and
WHEREAS, The SFPUC has decided to update and relaunch the Grant Program to make necessary impr ovements and have more administrative oversight of the Grant Program; and
WHEREAS, The Grant Program will support projects that improve the City and County of San Francisco’s (San Francisco) ability to manage stormwater through impervious surface removal and green infrastructure implementation that enhances the function of the San Francisco’s combined sewer system by reducing the volume and rate of stormwater run- off into the system , helps protect our surrounding waterways , and provides education on significant watershed issues; and
WHEREAS, The SFPUC proposes to launch the Grant Program to provide grant funding to San Francisco communities to deliver multi -beneficial projects that manage stormwater, reduce impervious surface, and educate the public about the importance of sustainable stormwater management; and
WHEREAS, The Grant Program would be delivered through two program tracks, Infrastructure and Stewardship Tracks; Infrastructure Projects would result in a physical installation that improves urban watersheds , and Stewardship Projects would result in delivery of an educational programming and/or activation; and
WHEREAS, A maximum grant award of $75,000 would be available for Stewardship Track projects , and a maximum grant award of $250,000 would be available for Infrastructure Track projects; and
WHEREAS, The SFPUC has developed eligibility criteria for the Grant Program set forth in the attached Grant Program Requirements and Terms, including providing a local stormwater benefit in one of the eight urban watersheds of San Francisco and/or a stormwater based educational opportunity to San Francisco residents and ratepayers ; and
WHEREAS, All reimbursement payments are to be made on a quarterly basis , and Infrastructure Projects may receive 50% of the approved Construction budget as an upfront payment following the submittal of required documentation, and all Grantees are subject to quarterly reporting requirements; and
WHEREAS, Funding for the Program is available in the Wastewater Operating Budget within the Urban Watershed Planning Division, and t he anticipated total amount is $425,000.00, but will depend upon grant applications and other grant Program needs; and
WHEREAS, This action does not constitute a project under the California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(4) because it involves the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant impact on the environment and staff may disburse funds for tasks such as planning and design, which do not entail any physical changes in the environment, but will not disburse funds for construction until any necessary environmental review of the project(s) has been completed in conformance with the CEQA; and
WHEREAS, Copies of the proposed Grant Program Requirements and Terms and the proposed grant agreement template are on file with the Director of Commission Affairs and were presented to the Commission at its May 26, 2026 meeting; now, therefore, be it
RESOLVED, The Commission hereby approves the attached Urban Watershed Stewardship Grant Program Requirements and Terms, including the eligibility criteria set forth therein; and, be it
FURTHER RESOLVED, The Commission delegates to the General Manager the authority to negotiate, award, and execute grant agreements , in substantially the same form as the template on file with the Director of Commission Affairs , with a term of five years and a maximum grant amount of $75,000 for Stewardship Track projects and $250,000 for Infrastructure Track projects with grantees who meet the eligibility requirements under the Grant Program Requirements and Terms; and, be it
FURTHER RESOLVED, That this Commission hereby authorizes the SFPUC General Manager to enter into any amendments or modifications to the grant agreements that the General Manager determines, in consultation with the City Attorney, are in the best interest of the City , do not materially decrease the City’s rights or materially increase the obligations or liabilities of the City , are necessary or advisable to effectuate the purposes and intent of the grant agreements or this resolution , and are in compliance with all applicable laws, including the San Francisco Charter.
I hereby certify that the foregoing resolution was adopted by the San Francisco Public Utilities Commission at its meeting of June 23, 2026.
Director of Commission Affairs
San Francisco Public Utilities Commission
San Francisco Public Utilities Commission
Requirements and Terms
Implementing the Urban Watershed
Stewardship Grant Program
Daniel Laurie, Mayor
COMMISSIONERS
Joshua Arce, President
Stephen E. Leveroni, Vice President
Avni Jamdar
Kate H. Stacy
Meghan Thurlow
Adopted: [DATE], by Commission Resolution No. [XXXXXX]
Effective: [DATE]
City and County of San Francisco Public Utilities Commission URBAN WATERSHED STEWARDSHIP GRANT PROGRAM REQUIREMENTS AND TERMS i Adopted: [DATE]
Effective: [DATE]
THE URBAN WATERSHED STEWARDSHIP GRANT PROGRAM
The purpose of the Urban Watershed Stewardship Grant Program is to empower watershed stewards across San Francisco to deliver multi-beneficial projects that manage stormwater, reduce impervious surfaces, and educate the public about the importance of caring for our city’s urban watersheds.
City and County of San Francisco Public Utilities Commission URBAN WATERSHED STEWARDSHIP GRANT PROGRAM REQUIREMENTS AND TERMS ii Adopted: [DATE]
Effective: [DATE]
TABLE OF CONTENTS
TABLE OF CONTENTS .......................................................................................................................... ii ARTICLE 1.0 - DEFINITIONS .................................................................................................................1 ARTICLE 2.0 - ELIGIBILITY CRITERIA .....................................................................................................1
2.1 ELIGIBLE APPLICANTS .................................................................................................................. 1
2.2 PROJECT ELIGIBILITY CRITERIA ................................................................................................... 2
2.3 ELIGIBLE EXPENSES ..................................................................................................................... 2 ARTICLE 3.0 - APPLICATION PROCESS ..................................................................................................4
3.1 SOLICITATION .............................................................................................................................. 4
3.2 APPLICATION TEMPLATE AND ATTACHMENTS .......................................................................... 4
3.3 IMPORTANT INFORMATION ....................................................................................................... 7 ARTICLE 4.0 - APPLICATION EVALUATION AND AWARD .......................................................................8
4.1 EVALUATION CRITERIA AND REVIEW PROCESS ......................................................................... 8
4.2 AWARD LETTER ........................................................................................................................... 9
4.3 GRANT AGREEMENT ................................................................................................................. 10 ARTICLE 5.0 - IMPLEMENTATION ...................................................................................................... 10
5.1 REPORTING ................................................................................................................................ 10
5.2 DESIGN REVIEW ........................................................................................................................ 10
5.3 CONTRACTOR/BID SELECTIONS ................................................................................................ 10
5.4 CONSTRUCTION ........................................................................................................................ 10
5.5 INTERPRETIVE SIGNAGE ................................................................................................................... 11
5.6 FINAL SITE VISIT ................................................................................................................................ 11
5.7 CRITERIA FOR GRANT AMENDMENTS ............................................................................................. 11 ARTICE 6.0 - POST CONSTRUCTION OF INFRASTRUCTURE PROJECTS .................................................. 11
6.1 MAINTENANCE ................................................................................................................................. 11
URBAN WATERSHED STEWARDSHIP GRANT REQUIREMENTS AND TERMS Page 1 of 15 Adopted: [DATE]
Effective: [DATE]
ARTICLE 1.0 - DEFINITIONS
Unless the context otherwise requires, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
City: The City and County of San Francisco.
Grant Program: The Urban Watershed Stewardship Grant Program.
Grantee: Awarded recipient of a grant under the Urban Watershed Stewardship Grant Program.
Technical GI: Green Infrastructure that will be designed to capture stormwater from a drainage management area.
Infrastructure Project: Projects that will result in physical instillations that improve urban watersheds, such as removal of impervious surfaces and replacing with drought tolerant plantings, implementation of Technical GI to capture and treat stormwater.
Stewardship Project: Projects that will result in delivery of educational programming and activation related to urban watersheds, such as the development and delivery of place-based watershed curriculum, a stormwater monitoring project, an educational stormwater mural.
ARTICLE 2.0 - ELIGIBILITY CRITERIA
The purpose of the Grant Program is to fund community-centered projects that contribute to SFPUC watershed planning goals through infrastructure and stewardship initiatives. Projects will provide a stormwater benefit in one of San Francisco’s eight urban watersheds through physical improvements, public education about stormwater management, or stewardship activities that will benefit the City’s combined sewer system and urban watersheds. Applicants can achieve these outcomes through one of two grant tracks: Infrastructure or Stewardship.
Infrastructure Projects will result in physical improvements, such as removal of impervious surfaces and replacing with drought tolerant plantings and implementation of Technical GI to capture and treat stormwater. Stewardship Projects will result in delivery of educational programming or activation of a place or program, such as the development and delivery of place-based watershed curriculum or a stormwater monitoring project.
2.1 ELIGIBLE APPLICANTS
To receive funding under the Grant Program, an applicant must satisfy the Grant Program’s eligibility criteria, as set forth below.
A Grantee may be a property owner, a for-profit or non-profit entity, an individual, or a governmental entity. All Grantees (other than government entities) must be registered to do business in the State of California and the City and County of San Francisco.
URBAN WATERSHED STEWARDSHIP GRANT REQUIREMENTS AND TERMS Page 2 of 15 Adopted: [DATE]
Effective: [DATE]
2.2 PROJECT ELIGIBILITY CRITERIA
Applicants that meet all the following criteria are eligible and their applications will be evaluated competitively during the grant application review process:
1. Local Stormwater Benefits
a. Infrastructure Track: The proposed project must provide a stormwater benefit in one of the eight urban watersheds of the City and County of San Francisco. Proposed Infrastructure Projects will result in a built project located in the City & County of SF and be publicly accessible or visible. Infrastructure Projects must remove impervious surfaces and/or implement a type of technology that helps manage stormwater. -OR-
b. Stewardship Track: The proposed project must provide a stormwater focused service or program and/or an educational opportunity to San Francisco residents and SFPUC rate payers.
2. Project Feasibility Assessment: All applicants for Infrastructure Projects proposing to implement Technical GI must complete a site visit with the SFPUC grant manager and receive a site assessment prior to application.
3. Project Team Standing: All project team members must individually and collectively be in good standing on any active City grant-funded projects. ‘Good standing’ means that all active projects are on-schedule, regularly submitted deliverables are on-time, and are not delinquent on grant requirements.
4. Project Team Qualifications: Technical GI projects that collect stormwater from adjacent surfaces and infiltrate it into the ground will need to have a licensed landscape architect or civil engineer of staff that can assess stormwater flows on site and designing the proposed project to appropriately manage flows. For all Infrastructure Projects on City property, the Grantee must either hold the applicable California contractor’s license to perform the work or be a tenant on the improved premises.
5. Educational Signage: Infrastructure projects will include a proposal for publicly visible signage that explains the stormwater benefit of the project, provides engaging watershed education for the public, and contributes to the aesthetic quality of the site.
2.3 ELIGIBLE EXPENSES
Grant funds can only be used to cover project costs related to the planning, design, construction/implementation, and outreach/activation of the project. All project costs must be related to the implementation of the approved grant project. Grant funds cannot be used to pay for non-stormwater-related elements of the project such as food and beverage, ongoing maintenance costs, etc. Project budgets shall adhere to the approved budget categories.
Variances from the budget categories can be evaluated on a case-by-case basis with approval by the Grant Program administrator.
Infrastructure Projects shall adhere to the budget categories listed below. At least 50% of the proposed project budget for Infrastructure Projects must go to construction costs. Project management and administration costs shall be no more than 15% of project budget.
URBAN WATERSHED STEWARDSHIP GRANT REQUIREMENTS AND TERMS Page 3 of 15 Adopted: [DATE]
Effective: [DATE]
Infrastructure Budget Categories Example Eligible Expenses Project
Management/Administration
Project management
Administration
Planning & Design Planning
Design
Construction design drawings
Geotechnical analysis
Permitting and environmental review
Structural investigations
Engineering surveys
Other environmental investigations as needed
Construction Materials: plants, soils, trees, concrete, excavation, grading, underdrains, cisterns, irrigation, etc.
Replacement in-kind of existing site facilities
impacted by construction, if applicable
Impervious surface removal and replacement
with new permeable surfaces
Labor related to the above listed items
Outreach & Engagement /
Activation
Flyers
Poster boards
Activation materials
Event supplies
Signage design and fabrication
Stewardship Projects shall adhere to the budget categories listed below. At least 50% of the proposed project budget for Stewardship Projects must go to implementation and activation costs. Project management and administration costs shall be no more than 15% of project budget.
Stewardship Budget Categories Example Eligible Expenses Project
Management/Administration
Project management
Administration
Planning & Materials Development Curriculum development Monitoring plan development
Case studies
Surveys
Signage design and fabrication
Implementation/Outreach &
Engagement / Activation
Site visits
Event staff hours
Activation materials
URBAN WATERSHED STEWARDSHIP GRANT REQUIREMENTS AND TERMS Page 4 of 15 Adopted: [DATE]
Effective: [DATE]
Event supplies
Flyers
Curriculum delivery
ARTICLE 3.0 - APPLICATION PROCESS
3.1 SOLICITATION
The SFPUC will accept applications and award grants through an open and competitive solicitation process. Applications will be solicited in accordance with the Competitive Solicitation requirements of the City Administrative Code Chapter 21G, subject to the availability of funds and all city budgetary requirements. Each application solicitation will include a clear statement of the process and deadlines for submitting applications and for evaluating applications, including the specific evaluation and scoring criteria the SFPUC will use to rank applications. Applications will be made available on the SFPUC website.
3.2 APPLICATION TEMPLATE AND ATTACHMENTS
The grant application will include a combination of fill-in sections and required attachments that must be included in the grant application submission. Below is a list of the typical sections of the grant application, but it may include other items as relevant to the project.
Infrastructure Projects
Infrastructure Application
Section
Description of section
Project Application Form General information about the proposed project, including the location, proposed project team, and the total amount of funds requested. This form also includes a checklist of the deliverables that must be included with the application submittal.
Projective Narrative Project narrative that describes the proposed project, including the stormwater benefit and the community involvement to date.
Grant Team Experience Project team’s background, experience and capacity to deliver the project proposed.
Concept Design A 10% conceptual design to show existing conditions and proposed project site plan. This concept design must show an understanding of existing site conditions including utilities and soil conditions as well as how stormwater moves onsite. Concept design guidance will be included in the grant solicitation.
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Site Photographs Photographs showing the existing conditions of key locations on the property, focusing on proposed location of project facilities.
Project Budget A grant budget template will be provided as part of the grant application. Applicants must use the provide budget template and complete all section of the template.
Project Schedule The proposed project schedule must include grant administration, stakeholder engagement, design, and
construction milestones. The schedule should assume that SFPUC will take a maximum of 30 days to review each design deliverable. The schedule must propose starting construction of the project within 18 months of execution of the Grant Agreement.
Community Engagement Plan Applicant will identify the project location, describe the surrounding area, and how the project will address the needs of the community. Applicant will outline the Community Engagement Plan to be implemented if awarded a grant. The Community Engagement Plan will list key stakeholders and outline how these stakeholders will be involved in the project development/delivery.
This plan should include a detailed community engagement strategy that includes workshops, community events, and/or other efforts to integrate the community into the project.
Maintenance Plan The maintenance plan will outline the five-year maintenance and stewardship activities for the completed project. The plan should list the maintenance activities, their frequency, and who is responsible. Applicants can refer to the Annual Self Certification checklists for guidance on which maintenance activities are needed for specific green infrastructure types: Stormwater Management Requirements.
Letter(s) of support Include two letters of project support. For projects on property for which the Grantee is not the property owner, one letter of support must come from the property owner. If on property that is owned by San Francisco Unified School District (SFUSD), the letter of support must come from the SFUSD District Architect. If on property owned by the City, the letter of support must come from the City department with jurisdiction over the project area. The other letter(s) of support should come from community members or organizations impacted by the project.
Stewardship Projects
URBAN WATERSHED STEWARDSHIP GRANT REQUIREMENTS AND TERMS Page 6 of 15 Adopted: [DATE]
Effective: [DATE]
Stewardship Application
Template
Description
Project Application Form General information about the proposed project, including the proposed project team and the total amount of funds requested. This form also includes a checklist of the
deliverables that must be included with the application submittal.
Project Narrative Project narrative that describes the proposed project, including the watershed benefit and the community
involvement in the proposed project thus far. This section shall include the project scope of work and all deliverables that will be developed if the project is awarded grant funds.
Grant Team Experience Project team’s background, experience and capacity to deliver the proposed project.
Project Budget A grant budget template will be provided as part of the grant application. Applicants must use the provided budget
template and complete all sections of the template.
Project Schedule The proposed project schedule must include major grant administration, stakeholder engagement,
design/development, and implementation milestones.
Community Engagement Plan Applicant must identify the project location, describe the surrounding area, and how the project will address the needs of the community. Applicant will outline the plan for
community engagement to be implemented if awarded a
grant. The Community Engagement Plan will list key
stakeholders and outline how these stakeholders will be involved in the project development/delivery. This plan should include a detailed community engagement strategy that includes workshops, community events, and/or other effort to integrate the community into the project.
Longevity Plan This section will outline the long-term impact the project will have on the community and watershed, beyond the grant
timeline. This should outline any plans beyond the project scope to continue this work into the future.
Letter(s) of support Include two letters of project support. For projects on property for which the Grantee is not the property owner, one letter of support must come from the property owner. If on property that is owned by SFUSD, the letter of support must come from the SFUSD District Architect. If on property owned by the City, the letter of support must come from the
URBAN WATERSHED STEWARDSHIP GRANT REQUIREMENTS AND TERMS Page 7 of 15 Adopted: [DATE]
Effective: [DATE]
City department with jurisdiction over the project area. The other letter(s) of support should come from community
members or organizations impacted by the project.
Complete applications for the Grant Program must be submitted to SFPUC by the deadline identified on the grant solicitation. Applicants will receive a confirmation email with the date and time of the application submittal.
3.3 IMPORTANT INFORMATION
Grant Disbursement
All grant funds are released on a reimbursement basis. Additionally, Infrastructure Projects will receive an upfront payment of 50% of the SFPUC approved construction bid upon the completion of required documentation. Requirements for payment are outlined below:
Payment Type Required for Payment
Quarterly
Reimbursement
Payments
1. Signed grant agreement
2. City Bidder Number
3. Proof of required insurance
4. Completed request for funds
5. Invoices & proof of payment (including on any
previous disbursement payment)
6. Accompanied report with work plan milestones
accomplished
Infrastructure
Track Only:
50% Upfront
Construction
Payment
1. SFPUC approved 100% construction drawings
2. SFPUC-approved contractor bid
3. Proof of contractor insurance and Department of
Industrial Relations registration
4. Construction schedule
5. City Bidder Number
6. Proof of required insurance
7. Completed First Source Hiring Worksheet
8. California Environmental Quality Act (CEQA)
Documentation
9. Approved permits for construction and Building
Permit Application Number
10. Completed request for funds
11. Accompanied report with work plan milestones
accomplished
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Final
Reimbursement
Payment
1. SFPUC final inspection for Infrastructure Projects
2. SFPUC written approval of project completion
3. Completed request for funds
4. Invoices & proof of payment
5. Accompanied final report with full project summary
Taxes and Insurance
A grant counts as income and therefore may be taxable. It is the responsibility of the Grantee to determine whether a tax liability exists. The designated Grantee will receive a 1099-Misc tax form from the city the February after award of the grant. By issuing a 1099-Misc, the City is fulfilling its legal obligation for tax reporting. To issue a 1099-Misc, SFPUC will request relevant tax information from a designated Grantee through a W-9 IRS tax form, which must be completed and returned before a grant disbursement will be made.
The City requires evidence of insurance for all funded activities. Prior to beginning work on an activity, the Grantee or their identified subcontractor must produce a Certificate of General Liability Insurance, as well as proof of Worker’s Compensation Insurance and any other insurance coverage that the Grant Agreement requires. The Grantee’s insurance policy shall name the City and County of San Francisco, the San Francisco Public Utilities Commission, its board members and commissions, and all authorized agents and representatives, and members, directors, officers, trustees, agents and employees as additional insureds, as the Grant Agreement requires.
The Grant Agreement contains additional requirements related to taxes, insurance, and other matters.
Permits and Environmental Review
All projects must comply with applicable local, state, and federal permit requirements. Funds for construction of Infrastructure Projects will not be issued until the project has undergone environmental review in compliance with CEQA and San Francisco Administrative Code Chapter 31 and received all applicable permits.
ARTICLE 4.0 - APPLICATION EVALUATION AND AWARD
4.1 EVALUATION CRITERIA AND REVIEW PROCESS
Applications will be evaluated on the eligibility criteria and documentation requirements identified under Rule 2.0 Eligibility Criteria. The SFPUC will review applications to determine whether the application meets all minimum eligibility requirements. Incomplete applications or applications that do not meet the eligibility requirements will not be evaluated further and will
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not receive grant funding. Applications that meet the eligibility requirements will move on to the evaluation process. The evaluation process will be conducted by a panel of at least three CCSF employees who are not involved with the administration of the Program and projects will be ranked based on the following evaluation criteria:
All Projects:
Stormwater Benefit: Applications will be evaluated based on the stormwater benefit the project provides, either through physical improvements and/or services and educating of San Francisco residents and SFPUC rate payers.
Community Benefit: Application will be evaluated based on the project’s involvement of the community served and its ability to deliver a needed improvement/service to this community. Proposed Budget: Applications will be evaluated based on the completeness and accuracy of the associated project budget.
Infrastructure Projects:
Proposed Concept & Design: Applicants will be evaluated based on the quality of the project concept and design, as well as feasibility of delivery. Maintenance Plan: Applications will be evaluated based on the completeness and quality of the Maintenance Plan.
Stewardship Projects:
Scope of Work: Applicants will be evaluated based on the quality and impact of the proposed project, scoped deliverables, as well as feasibility of delivery. Longevity Plan: Applicants will be evaluated based on the projects long-term impact and plans for ongoing engagement.
4.2 AWARD LETTER
Upon selection of an application, the SFPUC will issue the Grantee an award letter confirming the amount of grant funds reserved for the project. SFPUC may provide partial award of requested grant funds based on review of the project’s proposed concept, budget, and eligible cost items. An Award Letter is provisional and subject to execution of the required Grant Program agreement and the Grantee’s submission to the SFPUC of the documentation required for funding disbursements. The Grantee has six months from the date of the Award Letter to execute the required Grant Agreement, submit a W-9 tax form, provide a valid copy of insurance documentation, and become an approved Bidder and Supplier with the City and County of San Francisco.
If the Grantee does not complete the above requirements within six months, the SFPUC reserves the right to rescind the grant award. The Grantee may request an extension of the grant reservation. The SFPUC, in its sole discretion, may grant such an extension. To be effective, the SFPUC’s approval of any extension of a grant reservation must be made in writing.
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4.3 GRANT AGREEMENT
The Grant Program agreement cannot exceed a term of five years. The Grantee must comply with the project schedule outlined in the grant agreement unless an extension is requested and approved by the Grant Program administrator.
ARTICLE 5.0 - IMPLEMENTATION
5.1 REPORTING
Grantees are required to submit quarterly reports for the duration of the grant project. The quarterly reports must be submitted along with any design submittals and/or reimbursement requests. Before receiving the final grant reimbursement, the Grantee must submit a final report documenting final project information. The quarterly and final report template will be available on the program website.
5.2 DESIGN REVIEW
All Infrastructure Projects are required to submit 35/65/95% designs for SFPUC review and feedback. The Design Submittal Checklists accessible on the grant website will include the requirements for these design submittals. The Grantee must submit the final design documents to the Grant Program administrator via e-mail. The Grant Program administrator will then issue final approval of the design to the Grantee. Once the Grant Program administrator has issued final approval of the design, the Grantee may select a contractor.
5.3 CONTRACTOR/BID SELECTIONS
The Grantee will be responsible for procuring a licensed contractor to complete the construction of the project. The Grantee must ensure that all contractors and subcontractors comply with City insurance and prevailing wage requirements.
5.4 CONSTRUCTION
During construction of Infrastructure Projects, the SFPUC reserves the right to enter the construction site and inspect the project at any time. The Grantee must ensure that the SFPUC has access to the site upon reasonable notice. SFPUC will provide Grantee with a summary of critical construction milestones. The Grantee is responsible for alerting the Grant Program administrator of critical construction milestones related to the installation of the specific
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stormwater management features proposed at the site. All project elements must be built in accordance with the approved 100% construction drawings which will be verified at the time of the final site visit.
5.5 INTERPRETIVE SIGNAGE
All Infrastructure Projects must include interpretive signage that clearly describes the stormwater benefit of the project and provides engaging watershed education for the public.
The interpretive signage shall include the SFPUC logo. All signage must be submitted to the Grant Program administrator as part of the 95% design package with time for implementation of feedback prior to fabrication. The interpretive signage must be installed at the time of the final site visit to receive final grant reimbursement.
5.6 FINAL SITE VISIT
For Infrastructure Projects the final site visit shall take place after construction is complete, and interpretative signage is installed and prior to submittal of the final report and final reimbursement submittal. The final site visit is to be scheduled by the Grantee with the Grant Program administrator at the project site. The Grantee shall walk the project site with the Grant Program administrator answering any questions and noting any changes that need to be implemented prior to project close out. If the project is determined to be complete, the Grant Program administrator will issue a written approval of completion notification to the Grantee.
5.7 CRITERIA FOR GRANT AMENDMENTS
A Grantee may request a grant amendment to accommodate unforeseen challenges in project delivery, including changes to the project scope, budget, or contract end date. This request shall be provided in writing with a clear explanation of why the amendment was requested and with all required supporting documentation included. Unforeseen conditions may include but are not limited to rejection of permit(s), inability to find contractor bids within budget, or delays to project schedule due to permitting, utility conflicts, or conflicts with other projects.
The approval of the grant amendment is at the SFPUC’s discretion.
ARTICE 6.0 - POST CONSTRUCTION OF INFRASTRUCTURE PROJECTS
6.1 MAINTENANCE
Infrastructure Project must include a maintenance plan as part of the grant application, and it must identify the parties responsible for maintenance of the project for at least five years
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following project completion. The SFPUC may require additional appropriate maintenance tasks dependent on final project design. The maintenance plan must be included in the final report with any changes or updates that have resulted through the construction of the project. The SFPUC holds the right to perform as needed inspections of the final project to check on maintenance status throughout the grant contract period.
G-100 (4-19) 1 of 31 [revise as necessary] [agreement date]
GRANT AGREEMENT
between
CITY AND COUNTY OF SAN FRANCISCO
acting by and through its Public Utilities Commission
and
[GRANTEE]
THIS GRANT AGREEMENT (“Agreement”) dated for reference purposes only as of [DATE], is made in the City and County of San Francisco, State of California, by and between [NAME OF GRANTEE] (“Grantee”) and the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation (“City”) acting by and through its Public Utilities Commission (“Department” or “SFPUC”).
RECITALS
This Agreement is made with reference to the following facts and objectives:
A. Grantee submitted to the SFPUC Application Documents seeking a grant from the SFPUC’s Urban Watershed Stewardship Grant Program for the purpose of funding the [DESCRIPTION OF PROJECT ] and
B. The City has reviewed and competitively scored Grantee’s Application Documents pursuant to San Francisco Administrative Code Chapter 21G and determined that Grantee’s proposed Project satisfies the eligibility requirements to receive a grant under the SFPUC Green Infrastructure Grant Program and has determined to award Grantee such a grant on the terms and conditions set forth herein; and
C . Pursuant to the authority granted to the SFPUC General Manager under SFPUC Resolution No._____ and Board of Supervisors Ordinance No. ____, the SFPUC General Manager approved by letter, dated XX, the award of this grant to Grantee; and
NOW, THEREFORE, in consideration of the premises and the mutual covenants contained in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is acknowledged, the parties agree as follows:
G-100 (4-19) 2 of 31 [revise as necessary] [agreement date]
ARTICLE 1
DEFINITIONS
1.1 Specific Terms. Unless the context otherwise requires, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
(a) “ ADA” shall mean the Americans with Disabilities Act (including all rules and regulations thereunder) and all other applicable federal, state, and local disability rights legislation, as the same may be amended, modified, or supplemented from time to time.
(b) “ Application Documents” shall mean collectively: (i) the grant application submitted by Grantee, including all exhibits, schedules, appendices, and attachments; (ii) all documents, correspondence, and other written materials submitted with respect to the grant application; and (iii) all amendments, modifications, or supplements to any of the foregoing approved in writing by SFPUC, attached as Appendix A.
(c) “Approved Contractor Bid for Construction” shall mean the construction bid amount included in the first construction payment request and approved by the SFPUC in the Approval Letter of Contractor Bid, which consists of grant funds contributed by the SFPUC for construction of the Project.
(d) “ Budget” shall mean the budget included in the Application Documents and approved by the SFPUC, which consists of grant funds contributed by the SFPUC and Grantee’s contribution of funding, if any.
(e) “ Charter” shall mean the Charter of City.
(f) “ Contractor” shall have the meaning as “Grantee” if used in this Agreement, as certain City contracting requirements also apply to grants of the City of San Francisco.
(g) “ Controller” shall mean the Controller of City.
(h) “Effective Date” is defined in Section 3.1.
(i) “ Eligible Expenses” shall mean those costs described as “Eligible Costs” in the San Francisco Public Utilities Commission Requirements and Terms Implementing the Urban Watershed Stewardship Grant Program.
(j) “ Event of Default” shall have the meaning set forth in Section 11.1.
(k) “ Final Report” shall mean the final report submitted to the SFPUC Grant Manager to receive the final payment disbursement.
(l) “ Final Walkthrough” shall mean the final inspection of the site conducted by SFPUC Grant Manager and the Grantee.
(m) “Fiscal Year” shall mean each period of twelve (12) calendar months commencing on July 1 and ending on June 30 during which all or any portion of this Agreement is in effect.
(n) “ Funding Request” shall have the meaning set forth in Section 5.3(a).
G-100 (4-19) 3 of 31 [revise as necessary] [agreement date]
(o) “ General Manager” shall mean the General Manager of the SFPUC or their delegate.
(p) “ Grantee’s Contractor” shall mean the contractor(s) hired by Grantee to deliver the Project.
(q) “Grant” shall mean this Agreement.
(r) “ Grant Funds” shall mean any and all funds allocated or disbursed to Grantee under this Agreement.
(s) “Grant Requirements and Terms” shall mean the document published by SFPUC titled San Francisco Public Utilities Commission Requirements and Terms Implementing the Urban Watershed Stewardship Grant Program, a copy of which is attached to this Agreement as Appendix B, as it may be amended from time to time by the SFPUC.
(t) “ Indemnified Parties” shall mean: (i) City, including the Department and all commissions, departments, agencies, and other subdivisions of City; (ii) City’s elected officials, directors, officers, employees, agents, successors, and assigns; and (iii) all persons or entities acting on behalf of any of the foregoing.
(u) “ Losses” shall mean any and all liabilities, obligations, losses, damages, penalties, claims, actions, suits, judgments, fees, expenses, and costs of whatsoever kind and nature (including legal fees and expenses and costs of investigation, of prosecuting or defending any Loss described above) whether or not such Loss be founded or unfounded, of whatsoever kind and nature.
(v) “ Project” shall mean the design and completed project features described in the approved Application Documents.
(w) “Project Completion Date” shall mean the date of the SFPUC’s final disbursement of Grant Funds, as described in Section 5.3, upon completion of the Project, the SFPUC’s issuance of the Final Walkthrough, and the Grantee’s submission of the Final Report.
(x) “ Project Year” means each consecutive 12-month period during the Term as described in this paragraph. The first Project Year shall commence on the Project Completion Date and shall end on the day before the one-year anniversary of the Project Completion Date. A new Project Year shall commence on each successive anniversary of the Project Completion Date; however, the final Project Year shall end on the date the Term expires or terminates, whether or not consisting of twelve (12) full months.
(y) “ Publication” shall mean any report, article, educational material, handbook, brochure, pamphlet, press release, public service announcement, web page, audio or visual material, or other communication for public dissemination, which relates to all or any portion of the Project or is paid for in whole or in part using Grant Funds.
(z) “ Term” is defined in Section 3.2.
1.2 Additional Terms. The terms “as directed,” “as required,” or “as permitted” and similar terms shall refer to the direction, requirement, or permission of the Department. The terms “sufficient,” “necessary,” or “proper” and similar terms shall mean sufficient, necessary, or proper in the sole judgment of the Department. The terms “approval,” “acceptable,” or “satisfactory” or similar terms shall mean approved by, or acceptable to, or satisfactory to the Department. The terms “include,” “included,”
G-100 (4-19) 4 of 31 [revise as necessary] [agreement date] or “including” and similar terms shall be deemed to be followed by the words “without limitation.” The use of the term “subcontractor,” “successor,” or “assign” herein refers only to a subcontractor (“subgrantee”), successor, or assign expressly permitted under Article 13.
1.3 References to this Agreement. References to this Agreement include: (a) any and all appendices, exhibits, schedules, attachments hereto; (b) any and all statutes, ordinances, regulations, or other documents expressly incorporated by reference herein; and (c) any and all amendments, modifications, or supplements hereto made in accordance with Section 17.2. References to articles, sections, subsections, or appendices refer to articles, sections, or subsections of or appendices to this Agreement, unless otherwise expressly stated. Terms such as “hereunder,” “herein,” or “hereto” refer to this Agreement as a whole.
ARTICLE 2
APPROPRIATION AND CERTIFICATION OF GRANT FUNDS;
LIMITATIONS ON CITY’S OBLIGATIONS
2.1 Risk of Non-Appropriation of Grant Funds. This Agreement is subject to the budget and fiscal provisions of the Charter. City shall have no obligation to make appropriations for this Agreement in lieu of appropriations for new or other agreements. Grantee acknowledges that City budget decisions are subject to the discretion of its Mayor and Board of Supervisors. Grantee assumes all risk of possible non- appropriation or non-certification of funds, and such assumption is part of the consideration for this Agreement.
2.2 Certification of Controller. Charges will accrue only after prior written authorization certified by the Controller, and the amount of City’s obligation shall not at any time exceed the amount certified for the purpose and period stated in such advance authorization.
2.3 Automatic Termination for Nonappropriation of Funds. This Agreement shall automatically terminate without notice and without penalty, liability, or expense of any kind to City, at the end of any Fiscal Year if funds are not appropriated for the next succeeding Fiscal Year. If funds are appropriated for a portion of any Fiscal Year, this Agreement shall likewise automatically terminate without notice and without penalty, liability, or expense of any kind to City, at the end of such portion of the Fiscal Year.
2.4 SUPERSEDURE OF CONFLICTING PROVISIONS. IN THE EVENT OF ANY CONFLICT BETWEEN ANY OF THE PROVISIONS OF THIS ARTICLE 2 AND ANY OTHER PROVISION OF
THIS AGREEMENT, THE APPLICATION DOCUMENTS, OR ANY OTHER DOCUMENT OR COMMUNICATION RELATING TO THIS AGREEMENT, THE TERMS OF THIS ARTICLE 2 SHALL GOVERN.
2.5 Maximum Costs. Except as may be provided by City ordinances governing emergency conditions, City and its employees and officers are not authorized to request Grantee to perform services or to provide materials, equipment, and supplies that would result in Grantee performing services or providing materials, equipment, and supplies that are beyond the scope of the services, materials, equipment, and supplies specified in this Agreement unless this Agreement is amended in writing and approved as required by law to authorize the additional services, materials, equipment, or supplies. City is not required to pay Grantee for services, materials, equipment, or supplies provided by Grantee that are beyond the scope of the services, materials, equipment, and supplies agreed upon herein and not approved by a written amendment to this Agreement lawfully executed by City. City and its employees and officers are not authorized to offer or promise to Grantee additional funding for this Agreement that exceeds the maximum amount of funding provided for herein. Additional funding for this Agreement in excess of the maximum provided herein shall require lawful approval and certification by the Controller.
G-100 (4-19) 5 of 31 [revise as necessary] [agreement date] City is not required to honor any offered or promised additional funding which exceeds the maximum provided in this Agreement which requires lawful approval and certification of the Controller when the lawful approval and certification by the Controller has not been obtained. The Controller is not authorized to make payments on any agreement for which funds have not been certified as available in the budget or by supplemental appropriation.
ARTICLE 3
TERM
3.1 Effective Date. This Agreement shall become effective on the date on which the last of the following occurs (the “Effective Date”): (a) this Agreement shall have been executed and delivered by the parties after receiving all approvals required by law and the parties’ respective authorization protocols and; (b) the City’s Controller shall have certified that funds are available under this Agreement, as set forth in Section 2.2, and the SFPUC shall have notified Grantee thereof in writing.
3.2 Duration of Term. The Term of this Agreement shall commence on the Effective Date, as specified in Section 3.1. The Term of this Agreement shall be five (5) years.
ARTICLE 4
IMPLEMENTATION OF APPROVED
PROJECT
4.1 Implementation of Project; Cooperation with Monitoring. Grantee shall diligently and in good faith implement the Project on the terms and conditions set forth in this Agreement. Grantee shall not materially change the nature or scope of the Project during the term of this Agreement without the prior written consent of City. Grantee shall promptly comply with all standards, specifications, and formats of City, as they may from time to time exist, related to evaluation, planning, and monitoring of the Project and shall cooperate in good faith with City in any evaluation, planning, or monitoring activities conducted or authorized by City.
4.2 Grantee’s Personnel. The Project shall be implemented only by competent personnel under the direction and supervision of Grantee.
4.3 Prevailing Wage. Grantee acknowledges that this section applies to the Agreement if the Project falls within the definition of “public works” under California Labor Code section 1720 and is a “Public Works or Improvement” for purposes of prevailing wages under Chapter 6 of the City’s Administrative Code. Grantee acknowledges that persons performing work or labor on the Project may be performing work or labor subject to California or City prevailing wage requirements (“Covered Work”). In connection with the Project, Grantee shall comply with, and require that Grantee’s Contractor and all subcontractors comply with, all applicable California and City prevailing wage requirements.
It is hereby understood and agreed that sections 1720, et seq., and 1770, et seq., of the California Labor Code, sections 6.22(e) and 6.22(f) of the City’s Administrative Code, and Articles 101 to 107 of the City’s Labor and Employment Code are terms of this Agreement, and that Grantee shall include such requirements in its agreement with Grantee’s Contractor, and require Grantee’s Contractor to pass through all such requirements to all Project subcontractors. Such requirements include without limitation:
1. Grantee’s Contractor shall pay to all persons performing Covered Work on the Project not less than the highest general prevailing rate of wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work.
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2. Grantee’s Contractor shall insert in every subcontract or other arrangement that it may make for the performance of Covered Work on the Project a provision that said subcontractor shall pay to all persons performing Covered Work the highest general prevailing rate of wages determined as set forth herein for the respective crafts and employments, including such wages for holiday and over-time work.
3. Grantee’s Contractor shall keep or cause to be kept complete and accurate payroll records for all persons performing Covered Work. Such records shall include the name, address, and social security number of each worker who provided labor, including apprentices, their classification, a general description of the services each worker performed each day, the rate of pay (including rates of contributions for, or costs assumed to provide fringe benefits), daily and weekly number of hours worked, deductions made, and actual wages paid. Every subcontractor who shall undertake the performance of any part of the Project work herein required shall keep a like record of each person engaged in the execution of the subcontract. All such records shall at all times be available for inspection of and examination by the City and its authorized representatives or the California Department of Industrial Relations (“DIR”). Grantee’s Contractor shall submit payroll records to the State of California as California law requires and to the San Francisco Office of Labor Standards Enforcement (“OLSE”) as City law or OLSE requires.
4. Should Grantee’s Contractor, or any subcontractor who shall undertake the performance of any part of the Project work, fail or neglect to pay to the persons who perform Covered Work on the Project the highest general prevailing rate of wages as herein specified, Grantee’s Contractor shall forfeit, and in the case of any subcontractor so failing or neglecting to pay said wage, Grantee’s Contractor and the subcontractor shall jointly and severally forfeit, back wages due plus the penalties set forth in Labor Code section 1775, but not less than $50 per worker per day.
5. No person performing labor or rendering service in the performance of the Project shall perform labor for a longer period than five days (Monday-Friday) per calendar week of eight hours each (with two 10-minute breaks per eight-hour day), except in those crafts in which a different work day or week now prevails by agreement in private employment. Any person working hours in addition to the above shall be compensated in accordance with the prevailing overtime standard and rates. If Grantee’s Contractor or any subcontractor violates this provision, it shall forfeit back wages due plus the penalties set forth in Labor Code section 1775, but not less than $50 per worker per day.
6. All Project work is subject to compliance monitoring or enforcement of prevailing wage requirements by the DIR or the OLSE.
7. Grantee’s Contractor shall post job site notices prescribed by the DIR at all job sites where Project work is to be performed.
8. Grantee’s Contractor must be registered with the DIR at the time of the execution of the agreement between Grantee and Grantee’s Contractor and before Grantee’s Contractor performs any work. All Project subcontractors must be registered with the DIR prior to performing Project work.
The most current highest prevailing wage rate determinations made at the time of the agreement between Grantee and Grantee’s Contractor shall at that time, and without further agreement by the City or Grantee, become a term of this Agreement, and Grantee shall incorporate the same rates into its agreement with Grantee’s Contractor. For all Covered Work, Grantee shall require that payments by Grantee’s Contractor or a subcontractor to a craft or classification not shown on the prevailing rate
G-100 (4-19) 7 of 31 [revise as necessary] [agreement date] determinations shall comply with the rate of the craft or classification most closely related to it. An increase or decrease in prevailing wage rates shall not entitle Grantee to an adjustment in the amounts of the Grant Funds. Information regarding prevailing wage rates is available through OLSE’s website, and at the time of this Agreement, some such information may be found here:
https://sfgov.org/olse/prevailing-wage
Grantee agrees that it is not a department, board, authority, officer, or agent of the City, but pursuant to this Agreement is an “awarding body” under California Labor Code section 1722. Grantee agrees to comply with an awarding body’s responsibilities as the California Labor Code requires. Among other things, Grantee shall register the Project with DIR prior to the start of Project work.
4.4 Compliance with Other Laws and Applicable Safety and Performance Standards. Grantee shall keep itself fully informed of City’s Charter, codes, ordinances, and regulations and all state and federal laws, rules, and regulations affecting the performance of this Agreement, and shall at all times comply with such Charter, codes, ordinances, and regulations, rules, and laws. In addition, all work on the Project must meet all applicable safety and performance standards established by local, state, and federal laws.
4.5 RESERVED
4.6 RESERVED
4.7 Ownership of Results. Any interest of Grantee or any subgrantee, in drawings, plans, specifications, studies, reports, memoranda, computation sheets, the contents of computer diskettes, or other documents or Publications prepared by Grantee or any subgrantee in connection with this Agreement or the implementation of the Projector the services to be performed under this Agreement, shall become the property of and be promptly transmitted to City. Notwithstanding the foregoing, Grantee may retain and use copies for reference and as documentation of its/ experience and capabilities.
4.8 Works for Hire. If, in connection with this Agreement or the implementation of the Project, Grantee or any subgrantee creates artwork, copy, posters, billboards, photographs, videotapes, audiotapes, systems designs, software, reports, diagrams, surveys, source codes, or any other original works of authorship or Publications, such creations shall be works for hire as defined under Title 17 of the United States Code, and all copyrights in such creations shall be the property of City. If it is ever determined that any such creations are not works for hire under applicable law, Grantee hereby assigns all copyrights thereto to City, and agrees to provide any material, execute such documents, and take such other actions as may be necessary or desirable to effect such assignment. With the prior written approval of City, Grantee may retain and use copies of such creations for reference and as documentation of its/ experience and capabilities. Grantee shall obtain all releases, assignments, or other agreements from subgrantees or other persons or entities implementing the Project to ensure that City obtains the rights set forth in this Grant.
4.9 Publications and Work Product.
(a) Grantee understands and agrees that City has the right to review, approve, disapprove, or conditionally approve, in its sole discretion, the work and property funded in whole or part with the Grant Funds, whether those elements are written, oral, or in any other medium. Grantee has the burden of demonstrating to City that each element of work or property funded in whole or part with the Grant Funds is directly and integrally related to the Project as approved by City. City shall have the sole and final discretion to determine whether Grantee has met this burden. The SFPUC has the right to inspect from
G-100 (4-19) 8 of 31 [revise as necessary] [agreement date] time to time the administration by Grantee or any of its Contractors of any work, including construction, maintenance, and repair work, to ensure that Grantee is performing such elements of the Project, or causing such elements of the Project to be performed, consistent with the terms and conditions of this Agreement. Grantee shall provide SFPUC with reasonable access for the purpose of conducting such inspection.
(b) Without limiting the obligations of Grantee set forth in subsection (a) above, Grantee shall submit to City for City’s prior written approval any Publication, and Grantee shall not disseminate any such Publication unless and until it receives City’s consent. In addition, Grantee shall submit to City for approval, if City so requests, any other program material or form that Grantee uses or proposes to use in furtherance of the Project, and shall promptly provide to City one copy of all such materials or forms within two (2) days following City’s request. The City’s approval of any material hereunder shall not be deemed an endorsement of, or agreement with, the contents of such material, and the City shall have no liability or responsibility for any such contents. The City reserves the right to disapprove any material covered by this section at any time, notwithstanding a prior approval by the City of such material.
Grantee shall not charge for the use or distribution of any Publication funded all or in part with the Grant Funds, without first obtaining City’s written consent, which City may give or withhold in its sole discretion.
(c) Grantee shall distribute any Publication solely within San Francisco, unless City otherwise gives its prior written consent, which City may give or withhold in its sole discretion. In addition, Grantee shall furnish any services funded in whole or part with the Grant Funds under this Agreement solely within San Francisco, unless City otherwise gives its prior written consent, which City may give or withhold in its sole discretion.
(d) City may disapprove any element of work or property funded in whole or part by the Grant Funds that City determines, in its sole discretion, has any of the following characteristics: is divisive or discriminatory; undermines the purpose of the Project; discourages otherwise qualified potential employees or volunteers or any clients from participating in activities covered under the Project; undermines the effective delivery of services to clients of Grantee; hinders the achievement of any other purpose of City in making the Grant under this Agreement; or violates any other provision of this Agreement or applicable law. If City disapproves any element of the Project as implemented, or requires any change to it, Grantee shall immediately eliminate the disapproved portions and make the required changes. If City disapproves any materials, activities or services provided by third parties, Grantee shall immediately cease using the materials and terminate the activities or services and shall, at City’s request, require that Grantee obtain the return of materials from recipients or deliver such materials to City or destroy them.
(e) City has the right to monitor from time to time the administration by Grantee or any of its subcontractors of any programs or other work, including, without limitation, educational programs or trainings, funded in whole or part by the Grant Funds, to ensure that Grantee is performing such element of the Project, or causing such element of the Project to be performed, consistent with the terms and conditions of this Agreement.
(f) Grantee shall acknowledge City’s funding under this Agreement in all Publications. Such acknowledgment shall conspicuously state that the activities are sponsored in whole or in part through a grant from the Department. Except as set forth in this subsection, Grantee shall not use the name of the Department or City (as a reference to the municipal corporation as opposed to location) in any Publication without prior written approval of City.
G-100 (4-19) 9 of 31 [revise as necessary] [agreement date] ARTICLE 5
USE AND DISBURSEMENT OF GRANT FUNDS
5.1 Maximum Amount of Grant Funds. In no event shall the amount of Grant Funds disbursed under this Agreement exceed <<INSERT DOLLAR AMOUNT>> Dollars ($<<INSERT AMOUNT>>). A Grant awarded under this Agreement is intended to defray the costs of undertaking the Project up to the amount awarded in the Grant.
5.2 Use of Grant Funds. Grantee shall use the Grant Funds only for Eligible Expenses, as defined in Section 1.1, and for no other purpose. Grantee shall expend the Grant Funds in accordance with the Budget and shall obtain the prior approval of City before transferring expenditures from one line item to another within the Budget.
5.3 Disbursement Procedures. Grant Funds shall be disbursed to Grantee as follows:
(a) City shall remit Grant Funds only as reimbursement of approved Eligible Expenses. To receive Grant Funds, Grantee may submit reimbursement requests on a quarterly basis to the Department for approval, in the manner specified for notices pursuant to Article 15, a document (a “Funding Request”) substantially in the form attached as Appendix C. Quarterly reimbursement requests, if any, shall accompany a complete quarterly report. Approval of funding for planning and design activities for the Project does not constitute a project under the California Environmental Quality Act (“CEQA”) Guidelines section 15378.
(b) For Infrastructure Projects only, Grantee may submit a funding disbursement request for 50% of approved construction budget. The following quarterly reimbursement request shall include expenditures for construction funding disbursement. The SFPUC will disburse grant funds only following the SFPUC’s review and consideration of the completed review of the Project under CEQA. The City retains sole and absolute discretion to, among other things, (1) modify the Project to mitigate significant environmental impacts or (2) determine not to proceed with the disbursement of grant funds for construction of the project based upon information generated by the environmental review process. The SFPUC, in executing this Agreement, is not approving the Project.
If Grantee fails to implement the Project, Grantee shall reimburse the SFPUC the entirety of the funds, including any Disbursements.
Requirements for each payment are documented as follows:
Payment Type Required for Payment
Quarterly
Reimbursement
Payments
Signed grant agreement
City Bidder Number
Proof of required insurance
Completed request for funds
Invoices & proof of payment (including on any
previous disbursement payment)
Accompanied report with work plan milestones
accomplished
One time 50%
Construction
Disbursement
1. SFPUC approved 100% construction drawings
2. SFPUC approved contractor bid
3. Proof of contractor insurance and Department of
Industrial Relations registration
G-100 (4-19) 10 of 31 [revise as necessary] [agreement date] (Infrastructure
Track Only)
4. Construction schedule
5. City Bidder Number
6. Proof of required insurance
7. Completed First Source Hiring Worksheet
8. California Environmental Quality Act (CEQA)
Documentation
9. Approved permits for construction and Building
Permit Application Number
10. Completed request for funds
11. Accompanied report with work plan milestones
accomplished
Final
Reimbursement
Payment
1. SFPUC final inspection for Infrastructure Projects
2. SFPUC written approval of project completion
3. Completed request for funds
4. Invoices & proof of payment
5. Accompanied final report with full project summary
(c) Based on the Budget submitted to the SFPUC as outlined in the Application Documents and the Approved Contractor Bid for Construction submitted for the construction phase, the Grantee shall submit a Funding Request for Eligible Expenses as specified in Section 5.3(b). All payment requests submitted to the SFPUC shall certify all necessary supporting documentation has been submitted by the Grantee. Any Funding Request that is submitted and not approved shall be returned by the SFPUC to Grantee with a brief, reasonably detailed statement of the reason for the SFPUC’s rejection of such request. If any such rejection relates only to a portion of Eligible Expenses itemized in such request, the SFPUC shall have no obligation to disburse any Grant Funds for any other Eligible Expenses itemized in such request unless and until Grantee submits a request that is in all respects acceptable to the SFPUC.
The Grantee shall maintain records of charges incurred and reconcile those charges with SFPUC funds received. Grantee must reimburse SFPUC for any overpayment of Grant Funds within thirty (30) days after the final project payment.
(d) The Department shall make all disbursements of Grant Funds pursuant to this Section through electronic payment or by check payable to Grantee sent via U.S. mail in accordance with Article 15, unless the Department otherwise agrees in writing, in its sole discretion. For electronic payment, City vendors receiving new contracts, contract renewals, or contract extensions must sign up to receive electronic payments through the City’s Automated Clearing House payments service/provider.
Electronic payments are processed every business day and are safe and secure. To sign up for electronic payments, visit www.sfgov.org/ach. The Department shall make disbursements of Grant Funds no more than once during each Phase or Subphase as described in Section 5.3(b).
5.4 Not Applicable (State or Federal Funds).
ARTICLE 6
REPORTING REQUIREMENTS; AUDITS;
PENALTIES FOR FALSE CLAIMS
6.1 Regular Reports. Grantee shall provide quarterly reports for the length of the agreement until final completion including invoices and proof of payment, in form and substance satisfactory to the Department.
G-100 (4-19) 11 of 31 [revise as necessary] [agreement date]
6.2 Organizational Documents. If requested by City, Grantee shall provide to City the names of its current officers and directors and certified copies of its Articles of Incorporation and Bylaws as well as satisfactory evidence of the valid nonprofit status described in Section 8.1, if applicable.
6.3 Notification of Defaults or Changes in Circumstances. Grantee shall notify City immediately of (a) any Event of Default or event that, with the passage of time, would constitute an Event of Default and (b) any change of circumstances that would cause any of the representations and warranties contained in Article 8 to be false or misleading at any time during the term of this Agreement.
6.4 Financial Statements. Pursuant to San Francisco Administrative Code Section 67.32 and Controller requirements, if requested, within sixty (60) days following the end of each Fiscal Year, Grantee shall deliver to City an unaudited balance sheet and the related statement of income and cash flows for such Fiscal Year, all in reasonable detail acceptable to City, certified by an appropriate financial officer of Grantee as accurately presenting the financial position of Grantee. If requested by City, Grantee shall also deliver to City, no later than one hundred twenty (120) days following the end of any Fiscal Year, an audited balance sheet and the related statement of income and cash flows for such Fiscal Year, certified by a reputable accounting firm as accurately presenting the financial position of Grantee.
6.5 Books and Records. Grantee shall establish and maintain accurate files and records of all aspects of the Project and the matters funded in whole or in part with Grant Funds during the term of this Agreement. Without limiting the scope of the foregoing, Grantee shall establish and maintain accurate financial books and accounting records relating to Eligible Expenses incurred and Grant Funds received and expended under this Agreement, together with all invoices, documents, payrolls, time records, and other data related to the matters covered by this Agreement, whether funded in whole or in part with Grant Funds. Grantee shall maintain all of the files, records, books, invoices, documents, payrolls, and other data required to be maintained under this Section in a readily accessible location and condition for a period of not less than five (5) years after final payment under this Agreement or until any final audit has been fully completed, whichever is later.
6.6 Inspection and Audit. Grantee shall make available to City, its employees, and authorized representatives, during regular business hours all of the files, records, books, invoices, documents, payrolls, and other data required to be established and maintained by Grantee under Section 6.5. Grantee shall permit City, its employees, and authorized representatives to inspect, audit, examine, and make excerpts and transcripts from any of the foregoing. The rights of City pursuant to this Section shall remain in effect so long as Grantee has the obligation to maintain such files, records, books, invoices, documents, payrolls, and other data under this Article 6.
6.7 Submitting False Claims. Grantee shall at all times deal in good faith with the City, shall only submit a Funding Request to the City upon a good faith and honest determination that the funds sought are for Eligible Expenses under the Grant, and shall only use Grant Funds for payment of Eligible Expenses as defined by Section 1.1. Any Grantee who commits any of the following false acts shall be liable to the City for three times the amount of damages the City sustains because of the Grantee’s act. A Grantee will be deemed to have submitted a false claim to the City if the Grantee: (a) knowingly presents or causes to be presented to an officer or employee of the City a false Funding Request; (b) knowingly disburses Grants Funds for expenses that are not Eligible Expenses; (c) knowingly makes, uses, or causes to be made or used a false record or statement to get a false Funding Request paid or approved by the City; (d) conspires to defraud the City by getting a false Funding Request allowed or paid by the City; or (e) is a beneficiary of an inadvertent submission of a false claim to the City, subsequently discovers the falsity of the claim, and fails to disclose the false claim to the City within a reasonable time after discovery of the false claim.
G-100 (4-19) 12 of 31 [revise as necessary] [agreement date]
6.8 Grantee’s Board of Directors. If Grantee is a nonprofit, it shall at all times be governed by a legally constituted and fiscally responsible board of directors. Such board of directors shall meet regularly and maintain appropriate membership, as established in Grantee’s bylaws and other governing documents, and shall adhere to applicable provisions of federal, state, and local laws governing nonprofit corporations. Grantee’s board of directors shall exercise such oversight responsibility with regard to this Agreement as is necessary to ensure full and prompt performance by Grantee of its obligations under this Agreement.
ARTICLE 7
TAXES
7.1 Grantee to Pay All Taxes. Grantee shall pay to the appropriate governmental authority, as and when due, any and all taxes, fees, assessments or other governmental charges, including possessory interest taxes and California sales and use taxes, levied upon or in connection with this Agreement, the Project, the Grant Funds or any of the activities contemplated by this Agreement.
7.2 Use of City Real Property. If at any time this Agreement entitles Grantee to the possession, occupancy or use of City real property for private gain, the following provisions shall apply:
(a) Grantee, on behalf of itself and any subgrantees, successors and assigns, recognizes and understands that this Agreement may create a possessory interest subject to property taxation and Grantee, and any subgrantee, successor or assign, may be subject to the payment of such taxes.
(b) Grantee, on behalf of itself and any subgrantees, successors and assigns, further recognizes and understands that any assignment permitted hereunder and any exercise of any option to renew or other extension of this Agreement may constitute a change in ownership for purposes of property taxation and therefore may result in a revaluation of any possessory interest created hereunder. Grantee shall report any assignment or other transfer of any interest in this Agreement or any renewal or extension thereof to the County Assessor within sixty (60) days after such assignment, transfer, renewal or extension.
(c) Grantee shall provide such other information as may be requested by City to enable City to comply with any reporting requirements under applicable law with respect to possessory interests.
7.3 Withholding. Grantee agrees that it is obligated to pay all amounts due to the City under the San Francisco Business and Tax Regulations Code during the term of this Agreement. Pursuant to Section
6.10-2 of the San Francisco Business and Tax Regulations Code, Grantee further acknowledges and agrees that City may withhold any payments due to Grantee under this Agreement if Grantee is delinquent in the payment of any amount required to be paid to the City under the San Francisco Business and Tax Regulations Code. Any payments withheld under this paragraph shall be made to Grantee, without interest, upon Grantee coming back into compliance with its obligations.
G-100 (4-19) 13 of 31 [revise as necessary] [agreement date] ARTICLE 8
REPRESENTATIONS AND WARRANTIES
Grantee Representations and Warranties
Grantee represents and warrants each of the following as of the date of this Agreement and at all times throughout the term of this Agreement:
8.1 Organization; Authorization. This section applies if the Grantee is a nonprofit corporation.
Grantee must be duly organized and validly existing and in good standing under the laws of the jurisdiction in which it was formed. Grantee has established and maintains valid nonprofit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section. Grantee has duly authorized by all necessary action the execution, delivery, and performance of this Agreement. Grantee has duly executed and delivered this Agreement, and this Agreement constitutes a legal, valid, and binding obligation of Grantee, enforceable against Grantee in accordance with the terms hereof.
8.2 Location. Grantee’s operations, offices, and headquarters are located at the address for notices set forth in Section 15. All aspects of the Project will be implemented at the geographic location(s), if any, specified in this Agreement.
8.3 No Misstatements. No document furnished or to be furnished by Grantee to City in connection with the Application Documents, this Agreement, any Funding Request or any other document relating to any of the foregoing, contains or will contain any untrue statement of material fact or omits or will omit a material fact necessary to make the statements contained therein not misleading, under the circumstances under which any such statement shall have been made.
8.4 Conflict of Interest.
(a) Through its execution of this Agreement, Grantee acknowledges that it is familiar with the provision of Section 15.103 of the City's Charter, Article III, Chapter 2 of the City’s Campaign and Governmental Conduct Code, and Section 87100, et seq., and Section 1090, et seq., of the Government Code of the State of California, and certifies that it does not know of any facts which constitutes a violation of said provisions and agrees that it will immediately notify the City if it becomes aware of any such fact during the term of this Agreement.
(b) Not more than one member of an immediate family serves or will serve as an officer, director, or employee of Grantee, without the prior written consent of City. For purposes of this subsection, “immediate family” shall include husband, wife, domestic partners, brothers, sisters, children, and parents (both legal parents and step-parents).
8.5 No Other Agreements with City. Except as expressly itemized in Appendix D, neither Grantee nor any of Grantee’s affiliates, officers, directors, or employees has any interest, however remote, in any other agreement with City including any commission, department, or other subdivision of City.
8.6 Subcontracts. Except as may be permitted under Section 13.3, Grantee has not entered into any agreement, arrangement, or understanding with any other person or entity pursuant to which such person or entity will implement or assist in implementing all or any portion of the Project.
8.7 Not Applicable (Eligibility to Receive Federal Funds).
G-100 (4-19) 14 of 31 [revise as necessary] [agreement date]
ARTICLE 9
INDEMNIFICATION AND GENERAL LIABILITY
9.1 Indemnification. Grantee shall indemnify, protect, defend, and hold harmless each of the Indemnified Parties from and against any and all Losses arising from, relating to, or in connection with this Agreement, the Project, the Grant, or the use of Grant Funds, including without limitation: (a) any breach of this Agreement by Grantee .; (b) any breach of any representation or warranty of Grantee . contained in this Agreement; (c) any personal injury caused, directly or indirectly, by any act or omission of Grantee. or its employees, subgrantees, or agents; (d) any property damage caused, directly or indirectly, by any act or omission of Grantee. or its employees, subgrantees, or agents; (e) the use, misuse, or failure of any equipment, construction work, or facility used or performed by Grantee, or by any of Grantee’s employees, contractors, subcontractors, subgrantees, or agents, regardless of whether such equipment, construction work, or facility is furnished, rented, or loaned to Grantee by an Indemnified Party; (f) any tax, fee, assessment, or other charge for which Grantee is responsible under Article 7; (g) any construction work performed in whole or in part with any Grant Funds; or (h) any infringement of patent rights, copyright, trade secret, or any other proprietary right or trademark of any person or entity in consequence of the use by any Indemnified Party of any goods or services furnished to such Indemnified Party in connection with this Agreement. Grantee’s obligations under the immediately preceding sentence shall apply to any Loss that is caused in whole or in part by the active or passive negligence of any Indemnified Party, but shall exclude any Loss caused solely by the willful misconduct of the Indemnified Party. The foregoing indemnity shall include, without limitation, consultants and experts and related costs and City’s costs of investigating any claims against the City.
9.2 Duty to Defend; Notice of Loss. Grantee acknowledges and agrees that its obligation to defend the Indemnified Parties under Section 9.1: (a) is an immediate obligation, independent of its other obligations hereunder; (b) applies to any Loss which actually or potentially falls within the scope of Section 9.1, regardless of whether the allegations asserted in connection with such Loss are or may be groundless, false, or fraudulent; and (c) arises at the time the Loss is tendered to Grantee by the Indemnified Party and continues at all times thereafter. The Indemnified Party shall give Grantee prompt notice of any Loss under Section 9.1 and Grantee shall have the right to defend, settle, and compromise any such Loss; provided, however, that the Indemnified Party shall have the right to retain its own counsel at the expense of Grantee if representation of such Indemnified Party by the counsel retained by Grantee would be inappropriate due to conflicts of interest between such Indemnified Party and Grantee.
An Indemnified Party’s failure to notify Grantee promptly of any Loss shall not relieve Grantee of any liability to such Indemnified Party pursuant to Section 9.1, unless such failure materially impairs Grantee’s ability to defend such Loss. Grantee shall seek the Indemnified Party’s prior written consent to settle or compromise any Loss if Grantee contends that such Indemnified Party shares in liability with respect thereto.
9.3 Incidental and Consequential Damages. Losses covered under this Article 9 shall include any and all incidental and consequential damages resulting in whole or in part from Grantee’s acts or omissions. Nothing in this Agreement shall constitute a waiver or limitation of any rights that any Indemnified Party may have under applicable law with respect to such damages.
9.4 LIMITATION ON LIABILITY OF CITY. CITY’S OBLIGATIONS AND LIABILITIES
ARISING UNDER OR RELATED TO THIS AGREEMENT ARE LIMITED TO THE AGGREGATE AMOUNT OF GRANT FUNDS ACTUALLY DISBURSED UNDER THIS GRANT AGREEMENT.
NOTWITHSTANDING ANY OTHER PROVISION CONTAINED IN THIS AGREEMENT, THE
APPLICATION DOCUMENTS, OR ANY OTHER DOCUMENT OR COMMUNICATION
RELATING TO THIS AGREEMENT, IN NO EVENT SHALL CITY BE LIABLE, REGARDLESS OF
G-100 (4-19) 15 of 31 [revise as necessary] [agreement date]
WHETHER ANY CLAIM IS BASED ON CONTRACT OR TORT, FOR ANY DAMAGES,
INCLUDING WITHOUT LIMITATION SPECIAL, CONSEQUENTIAL, INDIRECT, OR
INCIDENTAL DAMAGES, LOST PROFITS, THE GRANT FUNDS, THE PROJECT, OR ANY ACTIVITIES PERFORMED IN CONNECTION WITH THIS AGREEMENT.
9.5 Release of City’s Liability. Grantee hereby waives and releases the City (including without limitation SFPUC) from any and all liability, obligations, claims, damages, or any other responsibility in any form arising from or related to this Agreement and/or the use of the Grant Funds, including without limitation: (i) breach of contract; (ii) payments for work on the Project, Property, and any structures or infrastructure; (iii) construction defects; (iv) damage to the Project, Property, and any structures or infrastructure; and/or (v) personal injury and/or death. The City (including without limitation SFPUC) shall have no liability for errors or omissions in construction or design. The City (including without limitation SFPUC) does not guarantee or warrant the performance or suitability of any contractor, design, recommendation, material, product, or device, or that the Project installation will be free of defects. The City (including without limitation SFPUC) is not responsible for any manufacturer and/or contractor warranties. The City (including without limitation SFPUC) does not guarantee or warrant the quality of the contractors’ or designers’ workmanship, or the suitability of the Property for the Project installation.
Grantee’s sole remedies shall be against the contractor and other persons and/or entities Grantee procured to design and/or construct the Facility. Grantee shall include this release of City’s liability in any contracts related to the Grant and/or the Project, so that the contractors are similarly releasing the City.
ARTICLE 10
INSURANCE
10.1 Types and Amounts of Coverage. Without in any way limiting Grantee’s liability pursuant to Article 9 of this Agreement, Grantee’s Contractor and the Project designer shall maintain, or cause to be maintained, until the Project Completion Date, the following types of insurance in the following amounts applicable to the Project:
(a) Workers’ Compensation, in statutory amounts, with Employers’ Liability Limits not less than one million dollars ($1,000,000) each accident, injury, or illness.
(b) Commercial General Liability Insurance with limits not less than one million dollars ($1,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations, and
(c) Commercial Automobile Liability Insurance with limits not less than one million dollars ($1,000,000) each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned and Hired auto coverage, as applicable.
(d) Professional liability insurance for negligent acts, errors or omission with respect to professional or technical services, if any, required in the performance of this Agreement with limits not less than one million dollars ($1,000,000) each claim.
10.2 Additional Requirements for General and Automobile Coverage. Commercial General Liability and Commercial Automobile Liability insurance policies shall:
(a) Name as additional insured City and its officers, agents and employees.
G-100 (4-19) 16 of 31 [revise as necessary] [agreement date] (b) Provide that such policies are primary insurance to any other insurance available to the Additional Insureds, with respect to any claims arising out of this Agreement, and that insurance applies separately to each insured against whom claim is made or suit is brought, except with respect to limits of liability.
10.3 Additional Requirements for All Policies. All policies shall be endorsed to provide at least thirty (30) days' advance written notice to City of cancellation of policy for any reason, nonrenewal or reduction in coverage and specific notice mailed to City's address for notices pursuant to Article 15.
10.4 Required Post-Expiration Coverage. Should any of the insurance required hereunder be provided under a claims-made form, Grantee shall maintain such coverage continuously throughout the term of this Agreement and, without lapse, for a period of three (3) years beyond the expiration or termination of this Agreement, to the effect that, should occurrences during the term hereof give rise to claims made after expiration or termination of the Agreement, such claims shall be covered by such claims-made policies.
10.5 General Annual Aggregate Limit/Inclusion of Claims Investigation or Legal Defense Costs.
Should any of the insurance required hereunder be provided under a form of coverage that includes a general annual aggregate limit or provides that claims investigation or legal defense costs be included in such general annual aggregate limit, such general annual aggregate limit shall be double the occurrence or claims limits specified above.
10.6 Evidence of Insurance. Before commencing any operations under this Agreement, Grantee shall furnish to City certificates of insurance, and additional insured policy endorsements, in form and with insurers satisfactory to City, evidencing all coverages set forth above, and shall furnish complete copies of policies promptly upon City's request. Before commencing any operations under this Agreement, Grantee shall furnish to City certificates of insurance and additional insured policy endorsements with insurers with ratings comparable to A-, VIII or higher, that are authorized to do business in the State of California, and that are satisfactory to City, in form evidencing all coverages set forth above. Failure to maintain insurance shall constitute a material breach of this Agreement.
10.7 Effect of Approval. Approval of any insurance by City shall not relieve or decrease the liability of Grantee or Owner hereunder.
10.8 Insurance for Subcontractors and Evidence of this Insurance. If a contractor and subcontractors will be used to complete any portion of this agreement, the grantee shall ensure that the subcontractor shall provide all necessary insurance and shall name the City and County of San Francisco, its officers, agents, and employees and the grantee listed as additional insureds.
10.9 Waiver of Subrogation. The insurance policies required under this Agreement, including without limitation the Workers’ Compensation policy(ies), shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Grantee’s Contractor, its employees, agents, subgrantees, and subcontractors.
G-100 (4-19) 17 of 31 [revise as necessary] [agreement date] ARTICLE 11
EVENTS OF DEFAULT AND REMEDIES
11.1 Events of Default. The occurrence of any one or more of the following events shall constitute an “Event of Default” under this Agreement:
(a) False Statement. Any statement, representation, or warranty contained in this Agreement, in the Application Documents, in any Funding Request, or in any other document submitted to City under this Agreement is found by City to be false or misleading.
(b) Failure to Provide Insurance. Grantee fails to provide or maintain in effect any policy of insurance required in Article 10.
(c) Failure to Comply with Representations and Warranties or Applicable Laws. Grantee fails to perform or breaches any of the terms or provisions of Article 8 or 16.
(d) Failure to Perform Other Covenants. Grantee fails to perform or breaches any other agreement or covenant of this Agreement to be performed or observed by Grantee as and when performance or observance is due and such failure or breach continues for a period of ten (10) days after the date on which such performance or observance is due.
(e) Cross Default. Grantee defaults under any other agreement between Grantee and City (after expiration of any grace period expressly stated in such agreement).
(f) Voluntary Insolvency. Grantee (i) is generally not paying its debts as they become due, (ii) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency, or other debtors’ relief law of any jurisdiction, (iii) makes an assignment for the benefit of its creditors, (iv) consents to the appointment of a custodian, receiver, trustee, or other officer with similar powers of Grantee or of any substantial part of Grantee’s property, or (v) takes action for the purpose of any of the foregoing.
(g) Involuntary Insolvency. Without consent by Grantee, a court or government authority enters an order, and such order is not vacated within ten (10) days, (i) appointing a custodian, receiver, trustee, or other officer with similar powers with respect to Grantee or with respect to any substantial part of Grantee’s property, (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency, or other debtors’ relief law of any jurisdiction or (iii) ordering the dissolution, winding-up, or liquidation of Grantee.
11.2 Remedies upon Event of Default. Upon and during the continuance of an Event of Default, City may do any of the following, individually or in combination with any other remedy:
(a) Termination. City may terminate this Agreement by giving a written termination notice to Grantee of the Event of Default and that, on the date specified in the notice, this Agreement shall terminate and all rights of Grantee hereunder shall be extinguished. In the sole discretion of the City, Grantee may be allowed ten (10) days to cure the default. In the event of termination for default, Grantee will be paid for Eligible Expenses in any Funding Request that was submitted and approved by City prior to the date of termination specified in such notice.
G-100 (4-19) 18 of 31 [revise as necessary] [agreement date] (b) Withholding of Grant Funds. City may withhold all or any portion of Grant Funds not yet disbursed hereunder, regardless of whether Grantee has previously submitted a Funding Request or whether City has approved the disbursement of the Grant Funds requested in any Funding Request. Any Grant Funds withheld pursuant to this Section and subsequently disbursed to Grantee after cure of applicable Events of Default, if granted by the City in its sole discretion, shall be disbursed without interest.
(c) Offset. City may offset against all or any portion of undisbursed Grant Funds hereunder or against any payments due to Grantee under any other agreement between Grantee and City the amount of any outstanding Loss incurred by any Indemnified Party, including any Loss incurred as a result of the Event of Default.
(d) Return of Grant Funds. City may demand the immediate return of any previously disbursed Grant Funds that have been claimed or expended by Grantee in breach of the terms of this Agreement, together with interest thereon from the date of disbursement at the maximum rate permitted under applicable law.
11.3 Termination for Convenience. City shall have the option, in its sole discretion, to terminate this Agreement and/or the Urban Watershed Stewardship Grant Program at any time for convenience and without cause. City shall exercise this option by giving Grantee written notice that specifies the effective date of termination. Upon receipt of the notice of termination, Grantee shall undertake with diligence all necessary actions to effect the termination of this Agreement on the date specified by City and minimize the liability of Grantee and City to third parties. Such actions by Grantee shall include, without limitation:
(a) Halting the performance of all work under this Agreement on the date(s) and in the manner specified by City;
(b) Terminating all existing orders and subcontracts, and not placing any further orders or subcontracts for materials, services, equipment, or other items; and
(c) Completing performance of any work that City designates to be completed prior to the date of termination specified by City.
If the City terminates the Urban Watershed Stewardship Grant Program, the City may, in its sole discretion, determine not to reimburse Grantee for Eligible Expenses, even if Grantee has already paid for the Eligible Expenses. GRANTEE UNDERSTANDS AND ACCEPTS THAT, IF THE CITY TERMINATES THE URBAN WATERSHED STEWARDSHIP GRANT PROGRAM: (1)
ELIGIBLE EXPENSES MAY NOT BE REIMBURSED, EVEN IF GRANTEE HAS ALREADY PAID FOR THE ELIGIBLE EXPENSES; AND (2) THIS RISK IS BARGAINED FOR
CONSIDERATION IN THIS AGREEMENT AND A CONDITION OF URBAN WATERSHED STEWARDSHIP GRANT PROGRAM. In no event shall City be liable for costs incurred by Grantee or any of its subcontractors after the termination date specified by City, except for those costs incurred at the request of City pursuant to this section.
11.4 Remedies Nonexclusive. Each of the remedies provided for in this Agreement may be exercised individually or in combination with any other available remedy or under applicable laws, rules, and regulations. The remedies contained herein are in addition to all other remedies available to City at law
G-100 (4-19) 19 of 31 [revise as necessary] [agreement date] or in equity by statute or otherwise and the exercise of any such remedy shall not preclude or in any way be deemed to waive any other remedy.
ARTICLE 12
DISCLOSURE OF INFORMATION AND DOCUMENTS
12.1 Proprietary or Confidential Information of City. Grantee understands and acknowledges that, in the performance of this Agreement or in contemplation thereof, Grantee may have access to private or confidential information that may be owned or controlled by City and that such information may contain proprietary or confidential information, the disclosure of which to third parties may be damaging to City.
Grantee agrees that all information disclosed by City to Grantee shall be held in confidence and used only in the performance of this Agreement. Grantee shall exercise the same standard of care to protect such information as a reasonably prudent nonprofit entity would use to protect its own proprietary or confidential data.
12.2 Sunshine Ordinance. Grantee acknowledges and agrees that this Agreement and the Application Documents are subject to Section 67.24(e) of the San Francisco Administrative Code, which provides that contracts, including this Agreement, Grantee’s bids, responses to Requests for Proposals and all other records of communications between City and persons or entities seeking contracts, shall be open to inspection immediately after a contract has been awarded. Nothing in Section 67.24(e) (as it exists on the date hereof) requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefit until and unless that person or organization is awarded the contract or benefit. All information provided by Grantees covered by Section 67.24(e) (as it may be amended from time to time) will be made available to the public upon request.
12.3 Financial Projections. Pursuant to San Francisco Administrative Code Section 67.32, Grantee agrees upon request to provide City with financial projections (including profit and loss figures) for the activities and/or projects contemplated by this Grant and annual audited financial statements thereafter.
Grantee agrees that all such projections and financial statements shall be public records that must be disclosed.
ARTICLE 13
ASSIGNMENTS AND SUBCONTRACTING
13.1 No Assignment by Grantee or Owner. Neither Grantee nor Owner may, either directly or indirectly, assign, transfer, hypothecate, subcontract, or delegate all or any portion of this Agreement or any rights, duties, or obligations of Grantee or Owner hereunder without the prior written consent of City.
This Agreement shall not, nor shall any interest herein, be assignable as to the interest of Grantee or Owner involuntarily or by operation of law without the prior written consent of City. A change of ownership or control of Grantee or Owner or a sale or transfer of substantially all of the assets of Grantee or Owner shall be deemed an assignment for purposes of this Agreement. Grantee shall satisfy the conditions of the Declaration of Deed Restrictions, if applicable, before City consents to any assignment.
13.2 Agreement Made in Violation of this Article. Any agreement made in violation of Section 13.1 shall confer no rights on any person or entity and shall automatically be null and void.
13.3 Not Applicable (Subcontracting).
13.4 Grantee Retains Responsibility. Grantee shall remain liable for the performance by any assignee or subgrantee of all of the covenants and terms and conditions contained in this Agreement.
G-100 (4-19) 20 of 31 [revise as necessary] [agreement date]
ARTICLE 14
INDEPENDENT CONTRACTOR STATUS
14.1 Nature of Agreement. Grantee shall be deemed at all times to be an independent contractor and is solely responsible for the manner in which Grantee implements the Project and uses the Grant Funds.
Grantee shall at all times remain solely liable for the acts and omissions of Grantee, its officers and directors, employees, and agents. Nothing in this Agreement shall be construed as creating a partnership, joint venture, employment, or agency relationship between City and Grantee.
14.2 Direction. Any terms in this Agreement referring to direction or instruction from the Department or City shall be construed as providing for direction as to policy and the result of Grantee’s work only, and not as to the means by which such a result is obtained.
14.3 Consequences of Recharacterization.
(a) Should City, in its discretion, or a relevant taxing authority such as the Internal Revenue Service or the State Employment Development Division, or both, determine that Grantee is an employee for purposes of collection of any employment taxes, the amounts payable under this Agreement shall be reduced by amounts equal to both the employee and employer portions of the tax due (and offsetting any credits for amounts already paid by Grantee which can be applied against this liability). City shall subsequently forward such amounts to the relevant taxing authority.
(b) Should a relevant taxing authority determine a liability for past services performed by Grantee for City, upon notification of such fact by City, Grantee shall promptly remit such amount due or arrange with City to have the amount due withheld from future payments to Grantee under this Agreement (again, offsetting any amounts already paid by Grantee which can be applied as a credit against such liability).
(c) A determination of employment status pursuant to either subsection (a) or (b) of this Section 14.3 shall be solely for the purposes of the particular tax in question, and for all other purposes of this Agreement, Grantee shall not be considered an employee of City. Notwithstanding the foregoing, if any court, arbitrator, or administrative authority determine that Grantee is an employee for any other purpose, Grantee agrees to a reduction in City's financial liability hereunder such that the aggregate amount of Grant Funds under this Agreement does not exceed what would have been the amount of such Grant Funds had the court, arbitrator, or administrative authority had not determined that Grantee was an employee.
ARTICLE 15
NOTICES AND OTHER COMMUNICATIONS
15.1 Requirements. Unless otherwise specifically provided herein, all notices, consents, directions, approvals, instructions, requests, and other communications hereunder shall be in writing, shall be
G-100 (4-19) 21 of 31 [revise as necessary] [agreement date] addressed to the person and address set forth below and may be sent by U.S. mail or e-mail, and shall be addressed as follows:
If to the City and SFPUC: To: San Francisco Public Utilities Commission Attn: Urban Watershed Stewardship Grant Program
525 Golden Gate Ave, 6th Floor
San Francisco, CA 94102
E-mail:
AND: San Francisco City Attorney’s Office
Attn: Public Utilities Commission Team
1390 Market Street, Suite 418
San Francisco, CA 94102
E-mail: @sfcityatty.org
If to Grantee: <<INSERT NAME OF GRANTEE>>
Attn: <<INSERT CONTACT NAME>>
<<INSERT ADDRESS>>
San Francisco, CA <<INSERT ZIP CODE>>
E-mail: <<INSERT EMAIL>>
Any notice of default must be sent by registered mail.
15.2 Effective Date. All communications sent in accordance with Section 15.1 shall become effective on the date of receipt
15.3 Change of Address. Any party hereto may designate a new address for purposes of this Article 15 by notice to the other party.
ARTICLE 16
COMPLIANCE
16.1 Local Business Enterprise Utilization. Grantee shall use good faith efforts to attempt to obtain at least three bids from Micro and/or Small Local Business Enterprises (LBEs), as those terms are defined in Section 14B.3(B) and (C) of the San Francisco Administrative Code, to serve as the prime contractor(s) for both the design and construction portions of the grant-funded Project. A list of the various certification categories is available here:
https://sfgov.org/cmd/sites/default/files/Images/Categories%202017_0_1_2.pdf
The City’s directory that provides the contact information for Micro and/or Small LBEs broken down by certification category is available here: http://mission.sfgov.org/hrc_certification/
If Grantee is unable to utilize an LBE as prime contractor for the design and/or construction of the Project, Grantee shall submit to the City a written explanation as to why it was unable to do so, as well as provide the firm names of the Micro and/or Small LBEs that Grantee has performed the aforementioned outreach to—in said cases, Grantee should provide proof of the Grantee’s outreach (e.g., copies of emails). Such written explanation shall be submitted to City prior to the commencement of design work
G-100 (4-19) 22 of 31 [revise as necessary] [agreement date] for the Project. In the event that Grantee already hired the design contractor prior to award of this Grant, the written explanation shall be submitted prior to commencement of construction.
If the Grantee has questions regarding the good faith efforts required by this Section 16.1, please contact Kate Svyatets at 415-551-4335. If you have questions regarding the various certification categories or how to access the Certification Directory, please contact the Certification Unit at 415-581-2310.
16.2 Nondiscrimination; Penalties.
(a) Grantee Shall Not Discriminate. In the performance of this Agreement, Grantee agrees not to discriminate against any employee, City and County employee working with such grantee or subgrantee, applicant for employment with such grantee or subgrantee, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.
(b) Subcontracts. Grantee shall incorporate by reference in all subcontracts the applicable provisions of Articles 131 and 132 of the San Francisco Labor and Employment Code and shall require all subgrantees to comply with such provisions. Grantee’s failure to comply with the obligations in this subsection shall constitute a material breach of this Agreement.
(c) Non-Discrimination in Benefits. Grantee does not as of the date of this Agreement and will not during the term of this Agreement, in any of its operations in San Francisco or where the work is being performed for the City or elsewhere within the United States, discriminate in the provision of bereavement leave, family medical leave, health benefits, membership or membership discounts, moving expenses, pension and retirement benefits or travel benefits, as well as any benefits other than the benefits specified above, between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of such employees, where the domestic partnership has been registered with a governmental entity pursuant to state or local law authorizing such registration, subject to the conditions set forth in Article 131 of the San Francisco Labor and Employment Code.
(d) Condition to Contract. As a condition to this Agreement, Grantee shall execute the “Chapter 12B Declaration: Nondiscrimination in Contracts and Benefits” form (Form CMD-12B-101) with supporting documentation and secure the approval of the form by the San Francisco Contract Monitoring Division.
(e) Incorporation of Code Provisions by Reference. The provisions of Articles 131 and 132 of the San Francisco Labor and Employment Code are incorporated in this Section by reference and made a part of this Agreement as though fully set forth herein. Grantee shall comply fully with and be bound by all of the provisions that apply to this Agreement under such Chapters of the Administrative Code, including the remedies provided in such Chapters. Without limiting the foregoing, Grantee understands that pursuant to Articles, a penalty of fifty dollars ($50) for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Agreement may be assessed against Grantee and/or deducted from any payments due Grantee.
16.3 Reserved.
G-100 (4-19) 23 of 31 [revise as necessary] [agreement date]
16.4 Tropical Hardwood and Virgin Redwood Ban. Pursuant to § 804(b) of the San Francisco Environment Code, City urges Grantee not to import, purchase, obtain, or use for any purpose, any tropical hardwood, tropical hardwood wood product, virgin redwood, or virgin redwood wood product.
16.5 Drug-Free Workplace Policy. Grantee acknowledges that pursuant to the Federal Drug-Free Workplace Act of 1989, the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited on City premises. Grantee and its employees, agents, or assigns shall comply with all terms and provisions of such Act and the rules and regulations promulgated thereunder.
16.6 Resource Conservation; Liquidated Damages. Chapter 5 of the San Francisco Environment Code (Resource Conservation) is incorporated herein by reference. Failure by Grantee to comply with any of the applicable requirements of Chapter 5 will be deemed a material breach of contract. If Grantee fails to comply in good faith with any of the provisions of Chapter 5, Grantee shall be liable for liquidated damages in an amount equal to Grantee’s net profit under this Agreement, or five percent (5%) of the total contract amount, whichever is greater. Grantee acknowledges and agrees that the liquidated damages assessed shall be payable to City upon demand and may be offset against any monies due to Grantee from any contract with City.
16.7 Compliance with ADA. Grantee acknowledges that, pursuant to the ADA, programs, services, and other activities provided by a public entity to the public, whether directly or through a grantee or contractor, must be accessible to the disabled public. Grantee shall not discriminate against any person protected under the ADA in connection with all or any portion of the Project and shall comply at all times with the provisions of the ADA.
16.8. Requiring Minimum Compensation for Employees. Grantee shall pay covered employees no less than the minimum compensation required by San Francisco Administrative Code Chapter 12P, including a minimum hourly gross compensation, compensated time off, and uncompensated time off.
Grantee is subject to the enforcement and penalty provisions in Chapter 12P. Information about and the text of the Chapter 12P is available on the web at http://sfgov.org/olse/mco. Grantee is required to comply with all of the applicable provisions of 12P, irrespective of the listing of obligations in this Section. By signing and executing this Agreement, Grantee certifies that it complies with Chapter 12P.
16.9 Limitations on Contributions. By executing this Agreement, Grantee acknowledges its obligations under section 1.126 of the City’s Campaign and Governmental Conduct Code, which prohibits any person who contracts with, or is seeking a contract with, any department of the City for the rendition of personal services, for the furnishing of any material, supplies or equipment, for the sale or lease of any land or building, for a grant, loan or loan guarantee, or for a development agreement, from making any campaign contribution to (i) a City elected official if the contract must be approved by that official, a board on which that official serves, or the board of a state agency on which an appointee of that official serves, (ii) a candidate for that City elective office, or (iii) a committee controlled by such elected official or a candidate for that office, at any time from the submission of a proposal for the contract until the later of either the termination of negotiations for such contract or twelve months after the date the City approves the contract. The prohibition on contributions applies to each prospective party to the contract; each member of Grantee’s board of directors; Grantee’s chairperson, chief executive officer, chief financial officer, and chief operating officer; any person with an ownership interest of more than 10 % in Grantee; any subcontractor listed in the bid or contract; and any committee that is sponsored or controlled by Grantee. Grantee certifies that it has informed each such person of the limitation on contributions imposed by Section 1.126 by the time it submitted a proposal for the grant, and has provided the names of the persons required to be informed to the City department with whom it is contracting.
G-100 (4-19) 24 of 31 [revise as necessary] [agreement date]
16.10 First Source Hiring Program. Contractor must comply with all of the provisions of the First Source Hiring Program, Chapter 83 of the San Francisco Administrative Code, that apply to this Agreement, and Contractor is subject to the enforcement and penalty provisions in Chapter 83.
16.11 Prohibition on Political Activity with City Funds. In accordance with San Francisco Administrative Code Chapter 12.G, no funds appropriated by the City and County of San Francisco for this Agreement may be expended for organizing, creating, funding, participating in, supporting, or attempting to influence any political campaign for a candidate or for a ballot measure (collectively, “Political Activity”). The terms of San Francisco Administrative Code Chapter 12.G are incorporated herein by this reference. Accordingly, an employee working in any position funded under this Agreement shall not engage in any Political Activity during the work hours funded hereunder, nor shall any equipment or resource funded by this Agreement be used for any Political Activity. In the event Grantee, or any staff member in association with Grantee, engages in any Political Activity, then (i) Grantee shall keep and maintain appropriate records to evidence compliance with this section and (ii) Grantee shall have the burden to prove that no funding from this Agreement has been used for such Political Activity.
Grantee agree to cooperate with any audit by the City or its designee in order to ensure compliance with this section. In the event Grantee violates the provisions of this section, the City may, in addition to any other rights or remedies available hereunder, (i) terminate this Agreement and any other agreements between Grantee and City, (ii) prohibit Grantee from bidding on or receiving any new City contract for a period of two (2) years, and (iii) obtain reimbursement of all funds previously disbursed to Grantee under this Agreement.
16.12 Preservative-treated Wood Containing Arsenic. Grantee may not purchase preservative-treated wood products containing arsenic in the performance of this Agreement unless an exemption from the requirements of Chapter 13 of the San Francisco Environment Code is obtained from the Department of the Environment under Section 1304 of the Code. The term “preservative-treated wood containing arsenic” shall mean wood treated with a preservative that contains arsenic, elemental arsenic, or an arsenic copper combination, including, but not limited to, chromated copper arsenate preservative, ammoniacal copper zinc arsenate preservative, or ammoniacal copper arsenate preservative. Grantee may purchase preservative-treated wood products on the list of environmentally preferable alternatives prepared and adopted by the Department of the Environment. This provision does not preclude Grantee from purchasing preservative-treated wood containing arsenic for saltwater immersion. The term “saltwater immersion” shall mean a pressure-treated wood that is used for construction purposes or facilities that are partially or totally immersed in saltwater.
16.13 Not applicable (Working with Minors)
16.14 Protection of Private Information. Grantee has read and agrees to the terms set forth in San Francisco Administrative Code Sections 12M.2, “Nondisclosure of Private Information,” and 12M.3, “Enforcement” of Administrative Code Chapter 12M, “Protection of Private Information,” which are incorporated here as if fully set forth. Grantee agrees that any failure of Grantee to comply with the requirements of Section 12M.2 of this Chapter shall be a material breach of the Agreement. In such an event, in addition to any other remedies available to it under equity or law, the City may terminate the Agreement, bring a false claim action against the Grantee pursuant to Chapter 6 or Chapter 21 of the Administrative Code, or debar the Grantee.
16.15 Public Access to Meetings and Records. If Grantee receives a cumulative total per year of at least $250,000 in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the San Francisco Administrative Code, Grantee shall comply with and be bound by all the applicable provisions of that Chapter. By executing this Agreement, Grantee agrees to open its meetings and records to the public in the manner set forth in Sections 12L.4 and 12L.5 of the Administrative Code.
G-100 (4-19) 25 of 31 [revise as necessary] [agreement date] Grantee further agrees to make good-faith efforts to promote community membership on its Board of Directors in the manner set forth in Section 12L.6 of the Administrative Code. Grantee acknowledges that its material failure to comply with any of the provisions of this paragraph shall constitute a material breach of this Agreement. Grantee further acknowledges that such material breach of the Agreement shall be grounds for the City to terminate and/or not renew the Agreement, partially or in its entirety.
16.16 Consideration of Criminal History in Hiring and Employment Decisions.
(a) Grantee agrees to comply fully with and be bound by all of the provisions of Chapter 12T, “City Contractor/Subcontractor Consideration of Criminal History in Hiring and Employment Decisions,” of the San Francisco Administrative Code (“Chapter 12T”), including the remedies provided, and implementing regulations, as may be amended from time to time. The provisions of Chapter 12T are incorporated by reference and made a part of this Agreement as though fully set forth herein. The text of the Chapter 12T is available on the web at http://sfgov.org/olse/fco. Grantee is required to comply with all of the applicable provisions of 12T, irrespective of the listing of obligations in this Section.
Capitalized terms used in this Section and not defined in this Agreement shall have the meanings assigned to such terms in Chapter 12T.
(b) The requirements of Chapter 12T shall only apply to a Grantee or Subcontractor’s operations to the extent those operations are in furtherance of the performance of this Agreement, shall apply only to applicants and employees who would be or are performing work in furtherance of this Agreement, and shall apply when the physical location of the employment or prospective employment of an individual is wholly or substantially within the City of San Francisco. Chapter 12T shall not apply when the application in a particular context would conflict with federal or state law or with a requirement of a government agency implementing federal or state law.
16.17 Food Service Waste Reduction Requirements. Grantee agrees to comply fully with and be bound by all of the provisions of the Food Service Waste Reduction Ordinance, as set forth in San Francisco Environment Code Chapter 16, including the remedies provided, and implementing guidelines and rules.
The provisions of Chapter 16 are incorporated herein by reference and made a part of this Agreement as though fully set forth. This provision is a material term of this Agreement. By entering into this Agreement, Grantee agrees that if it breaches this provision, City will suffer actual damages that will be impractical or extremely difficult to determine; further, Grantee agrees that the sum of one hundred dollars ($100) liquidated damages for the first breach, two hundred dollars ($200) liquidated damages for the second breach in the same year, and five hundred dollars ($500) liquidated damages for subsequent breaches in the same year is reasonable estimate of the damage that City will incur based on the violation, established in light of the circumstances existing at the time this Agreement was made. Such amount shall not be considered a penalty, but rather agreed monetary damages sustained by City because of Grantee’s failure to comply with this provision.
16.18 Not Applicable (Slavery Era Disclosure)
16.19 Distribution of Beverages and Water.
(a) Sugar-Sweetened Beverage Prohibition. Grantee agrees that it shall not sell, provide, or otherwise distribute Sugar-Sweetened Beverages, as defined by San Francisco Administrative Code Chapter 101, as part of its performance of this Agreement.
(b) Packaged Water Prohibition. Grantee agrees that it shall not sell, provide, or otherwise distribute Packaged Water, as defined by San Francisco Environment Code Chapter 24, as part of its performance of this Agreement.
G-100 (4-19) 26 of 31 [revise as necessary] [agreement date]
16.20 Reserved.
16.21 Compliance with Other Laws. Without limiting the scope of any of the preceding sections of this Article 16, Grantee shall keep itself fully informed of City’s Charter, codes, ordinances, and regulations, including the Non-Potable Ordinance (Health Code Article 12C) and Stormwater Management Ordinance (Public Works Code Sections 147 to 147.6), and shall at all times comply with such Charter codes, ordinances, and regulations rules and laws.
ARTICLE 17
MISCELLANEOUS
17.1 No Waiver. No waiver by the Department or City of any default or breach of this Agreement shall be implied from any failure by the Department or City to take action on account of such default if such default persists or is repeated. No express waiver by the Department or City shall affect any default other than the default specified in the waiver and shall be operative only for the time and to the extent therein stated. Waivers by City or the Department of any covenant, term or condition contained herein shall not be construed as a waiver of any subsequent breach of the same covenant, term, or condition. The consent or approval by the Department or City of any action requiring further consent or approval shall not be deemed to waive or render unnecessary the consent or approval to or of any subsequent similar act.
17.2 Modification. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved in the same manner as this Agreement.
17.3 Administrative Remedy for Agreement Interpretation. Should any question arise as to the meaning or intent of this Agreement, the question shall, prior to any other action or resort to any other legal remedy, be referred to Department Head, as the case may be, of the Department who shall decide the true meaning and intent of the Agreement. Such decision shall be final and conclusive.
17.4 Governing Law; Venue. The formation, interpretation, and performance of this Agreement shall be governed by the laws of the State of California, without regard to its conflict of laws principles. Venue for all litigation relative to the formation, interpretation, and performance of this Agreement shall be in San Francisco.
17.5 Headings. All article and section headings and captions contained in this Agreement are for reference only and shall not be considered in construing this Agreement.
17.6 Entire Agreement. This Agreement and the Application Documents set forth the entire Agreement between the parties, and supersede all other oral or written provisions. If there is any conflict between the terms of this Agreement and the Application Documents, the terms of this Agreement shall govern. The following appendices are attached to and a part of this Agreement:
Appendix A, Grant Application
Appendix B, Urban Watershed Stewardship Grant Requirements & Terms Appendix C, Form of Funding Request
17.7 Certified Resolution of Signatory Authority. Upon request of City, Grantee shall deliver to City a copy of the corporate resolution(s) authorizing the execution, delivery, and performance of this Agreement, certified as true, accurate, and complete by the secretary or assistant secretary of Grantee.
G-100 (4-19) 27 of 31 [revise as necessary] [agreement date]
17.8 Severability. Should the application of any provision of this Agreement to any particular facts or circumstances be found by a court of competent jurisdiction to be invalid or unenforceable, then (a) the validity of other provisions of this Agreement shall not be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties and shall be reformed without further action by the parties to the extent necessary to make such provision valid and enforceable.
17.9 Successors; No Third-Party Beneficiaries. Subject to the terms of Article 13, the terms of this Agreement shall be binding upon, and inure to the benefit of, the parties hereto and their successors and assigns. Nothing in this Agreement, whether express or implied, shall be construed to give any person or entity (other than the parties hereto and their respective successors and assigns and, in the case of Article 9, the Indemnified Parties) any legal or equitable right, remedy, or claim under or in respect of this Agreement or any covenants, conditions, or provisions contained herein.
17.10 Survival of Terms. The obligations of Grantee and the terms of the following provisions of this Agreement shall survive and continue following expiration or termination of this Agreement:
Section 4.7 Ownership of Results.
Section 6.4 Financial Statements.
Section 6.5 Books and Records.
Section 6.6 Inspection and Audit.
Section 6.7 Submitting False Claims
Article 7 Taxes
Article 8 Representations and Warranties
Article 9 Indemnification and General
Liability
Section 10.4 Required Post-Expiration
Coverage.
Article 12 Disclosure of Information and
Documents
Section 13.4 Grantee Retains
Responsibility.
Section 14.3 Consequences of
Recharacterization.
This Article 17 Miscellaneous
G-100 (4-19) [agreement date]
17.11 Further Assurances. From and after the date of this Agreement, Grantee agrees to do such things, perform such acts, and make, execute, acknowledge, and deliver such documents as may be reasonably necessary or proper and usual to complete the transactions contemplated by this Agreement and to carry out the purpose of this Agreement in accordance with this Agreement.
17.12 Cooperative Drafting. This Agreement has been drafted through a cooperative effort of both parties, and both parties have had an opportunity to have the Agreement reviewed and revised by legal counsel. No party shall be considered the drafter of this Agreement, and no presumption or rule that an ambiguity shall be construed against the party drafting the clause shall apply to the interpretation or enforcement of this Agreement.
17.13 MacBride Principles--Northern Ireland. Pursuant to San Francisco Administrative Code Section 12F.5, City urges companies doing business in Northern Ireland to move towards resolving employment inequities, and encourages such companies to abide by the MacBride Principles. City urges San Francisco companies to do business with corporations that abide by the MacBride Principles. By signing below, the person executing this agreement on behalf of Grantee acknowledges and agrees that they have read and understood this section.
G-100 (4-19) [agreement date]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first specified herein. The signatories to this Agreement warrant and represent that they have the authority to enter into this agreement on behalf of the respective parties and to bind them to the terms of this Agreement.
CITY GRANTEE:
CITY AND COUNTY OF SAN FRANCISCO,
a municipal corporation
By: _________________________________
DENNIS J. HERRERA
General Manager
San Francisco Public Utilities Commission
<<INSERT NAME OF GRANTEE IN ALL
CAPS>>
By:__________________________________
Print Name:___________________________
APPROVED AS TO FORM:
David Chiu
City Attorney
By: ______________________________
Tyson Arbuthnot
Deputy City Attorney
Title:________________________________
Federal Tax ID #: _____________________
City Supplier Number: __________________
G-100 (4-19) [agreement date]
Appendix A--Grant Application
G-100 (4-19) B-1 [agreement date]
Appendix B--Urban Watershed Stewardship Grant Requirements & Terms
G-100 (4-19) D-1 [agreement date]
Appendix C--Form of Funding Request
FUNDING REQUEST --<<SUPPLIER ID>><<PAYMENT NUMBER 1-4>>
<<DATE>>
<<INSERT NAME OF DEPARTMENT>>
<<INSERT ADDRESS OF DEPARTMENT>>
San Francisco, CA <<INSERT ZIP CODE>>
Re:
<<INSERT PROJECT NAME>>
Pursuant to Section 5.3 of the Grant Agreement (the “Grant Agreement”) dated as of <<INSERT DATE>>, between the undersigned (“Grantee”) and the City and County of San Francisco (all capitalized terms defined in the Grant Agreement shall have the same meaning when used herein), Grantee hereby requests a disbursement of Grant Funds as follows:
Total Amount Requested
in this Request:
$_______________
Maximum Amount of
Grant Funds Specified in
Section 5.1 of the Grant
Agreement:
$_______________
Total of All Grant Funds
Disbursed Prior to this
Request:
$_______________
Grantee certifies that:
(a) The total amount of Grant Funds requested pursuant to this Funding Request will be used to pay Eligible Expenses, which Eligible Expenses are set forth on the attached Schedule 1, to which is attached true and correct copies of all required documentation of such Eligible Expenses.
(b) After giving effect to the disbursement requested pursuant to this Funding Request, the Grant Funds disbursed as of the date of this disbursement will not exceed the maximum amount set forth in Section 5.1.
(c) The representations and warranties made in the Agreement are true and correct in all material respects as if made on the date hereof;
(d) No Event of Default has occurred and is continuing; and
G-100 (4-19) D-2 [agreement date]
(e) The undersigned is an officer of Grantee authorized to execute this Funding Request on behalf of Grantee.
Grantee:
By:
Print Name:
Title:
Date:
G-100 (4-19) D-3 [agreement date]
SCHEDULE 1 TO FUNDING REQUEST
The following is an itemized list of Eligible Expenses for which Grant Funds are requested:
Payee Amount Description
The following are attached as part of this Schedule 1:
(1) an invoice for each item of Eligible Expense for which Grant Funds are requested;
(2) the front and the back of canceled checks or other written evidence documenting the payment of each invoice;
(3) for Eligible Expenses which are wages or salaries, payroll registers containing a detailed breakdown of earnings and withholdings, together with both sides of canceled payroll checks evidencing payment thereof (unless payment has been made electronically).
G-100 (4-19) E-1 [agreement date]
Appendix D--Interests In Other City Contracts
City Department or Commission Date of Contract
Amount of
Contract
G-100 (4-19) G-1 [agreement date]