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As used in this Article 141, the following terms have the following meanings:
“Applicant” shall mean a person applying for Employment to be performed on a Contract or Property Contract or in furtherance of a Contract or Property Contract, and whose application, in whole or part, will be solicited, received, processed or considered, whether or not through an
interview, in the City or on City property. “Applicant” shall not include a person applying for Employment with their current Employer.
“City” shall mean City and County of San Francisco.
“Contract” shall mean an agreement between a City department and any person or entity that provides, at the expense of the City, for public works or public improvements to be purchased under Chapter 6 of the Administrative Code, or for commodities or services to be purchased under Chapter 21 of the Administrative Code. “Contract” shall not include:
(a) Agreements for the investment of trust money or relating to the management of trust assets, agreements to invest City moneys in U.S. government securities, or agreements for the investment, deposit, or safekeeping of City moneys, where, for any such agreement, the Treasurer, as a fiduciary of the City, determines that entering into the agreement is in the interest of soundly investing public assets; or
(b) Agreements entered into for underwriting services for the purchase and sale of City bonds, notes, and other forms of indebtedness; or
(c) Agreements advertised, solicited, or initiated prior to the Operative Date of this Article 141, including amendments to existing Contracts; or
(d) Agreements for a cumulative amount of $10,000 or less per Contractor in each fiscal year; or
(e) Agreements with a public entity or public utility.
“Contractor” shall mean any person or persons, firm, partnership, corporation, or combination thereof who enters into a Contract or Property Contract with the City.
“Employer” shall mean any Contractor or Subcontractor, whether an individual, firm, corporation, partnership, labor organization, group of persons, association, or other organization however organized. “Employer” includes job placement and referral agencies and other employment agencies working on behalf of a Contractor or Subcontractor. “Employer” does not include any unit of local, state, or federal government. The physical location of the employment or prospective employment of an Applicant must be at least eight hours per week on City property.
“Employment” shall mean any occupation, vocation, job, or work, including but not limited to temporary or seasonal work, part-time work, contracted work, contingent work, work on commission, and work through the services of a temporary or other employment agency, for which the Applicant is to receive a Salary. Employment doesn’t include work as an independent contractor.
“Inquire” shall mean any direct or indirect statement, question, prompting, or other communication, orally or in writing, personally or through an agent, to gather information from or about an Applicant, using any mode of communication, including but not limited to application forms and interviews.
“OLSE” shall mean the Office of Labor Standards Enforcement or any successor department or office. The “Director” of OLSE shall mean the head of OLSE.
“Property Contract” shall mean a lease, permit, or license, through which the City gives to a person or entity the right to exclusively use or occupy real property owned or controlled by the City for a period of more than 29 days in any calendar year. “Property Contract” shall not mean:
(a) An agreement with a public entity or public utility;
(b) A revocable at-will permit regardless of the ultimate duration of such permit, unless the permittee engages in a for-profit activity on the City property;
(c) Regulatory permits, including street or public right of way construction, excavation and use permits;
(d) Agreements governing the use of City property which constitutes a public forum for activities that are primarily for the purpose of espousing or advocating causes or ideas and that are generally recognized as protected by the First Amendment to the U.S. Constitution;
(e) Agreements for activities which are primarily recreational in nature, unless the user engages in a for-profit activity on the City property; or
(f) Agreements advertised, solicited, or initiated prior to the Operative Date of this Article 141, including amendments to existing Contracts.
“Salary” shall mean an Applicant’s financial compensation in exchange for labor, including but not limited to wages, commissions, and any monetary emolument.
“Salary History” shall mean an Applicant’s current and past Salary in the Applicant’s current position, or in a prior position with the current Employer or a prior Employer.
“Subcontract” shall mean an agreement to (a) provide goods and/or services, including construction labor, materials or equipment, to a Contractor, if such goods or services are procured or used in the fulfillment of the Contractor’s obligations arising from a Contract with the City, or (b) to transfer the right to occupy or use all or a portion of a real property interest subject to a Property Contract to a Subcontractor and pursuant to which the Contractor remains obligated under the Property Contract.
“Subcontractor” shall mean any person or persons, firm, partnership, corporation or any combination thereof who enters into a Subcontract with a Contractor. Such term shall include any person or entity who enters into an agreement with any Subcontractor for the performance of 10% or more of any Subcontract.
(Former Administrative Code Sec. 12K.1 added by Ord. 128-98, App. 4/13/98; amended by Ord. 325-00, File No. 001920, App. 12/28/2000; redesignated as Administrative Code Sec. 33A.1 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)
The requirements of this Article 141 shall only apply to a Contractor’s or Subcontractor’s operations to the extent those operations are in furtherance of performing a Contract or Property Contract with the City. Accordingly, the protections of this Article apply only to applicants and employees who would be or are performing work in furtherance of performing a Contract or Property Contract with the City.
(Former Administrative Code Sec. 12K.2 added by Ord. 325-00, File No. 001920, App. 12/28/2000; redesignated as Administrative Code Sec. 33A.2 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)
(Former Administrative Code Sec. 12K.2 added by Ord. 128-98, App. 4/13/98; renumbered as Administrative Code Sec. 12K.3 by Ord. 325-00; redesignated as Administrative Code Sec. 33A.3 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)
All contracting agencies of the City, or any department thereof, acting for or on behalf of the City, shall include in all Contracts and Property Contracts a provision requiring Contractor’s compliance with this Article 141 and shall require such Contractor to include a similar provision in all Subcontracts executed and amended thereunder, and failure to do so shall constitute a material breach of contract.
(Former Administrative Code Sec. 12K.3 added as Sec. 12K.2 by Ord. 128-98, App. 4/13/98; renumbered and amended by Ord. 325-00, File No. 001920, App. 12/28/2000; redesignated as Administrative Code Sec. 33A.3 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)
(a) An Employer shall not Inquire about an Applicant’s Salary History.
(b) An Employer shall not consider an applicant’s Salary History as a factor in determining whether to offer Employment or what Salary to offer an Applicant.
(c) An Employer shall not refuse to hire, or otherwise disfavor, injure, or retaliate against an Applicant for not disclosing his or her Salary History to the Employer.
(d) An Employer shall not release the Salary History of any current or former employee to that person’s Employer or prospective Employer without written authorization from the current or former employee unless the release of Salary History is required by law, is part of a publicly available record, or is subject to a collective bargaining agreement.
(e) Nothing in this Article 141 shall prohibit an Applicant from voluntarily and without prompting disclosing Salary History.
(f) Where an Applicant voluntarily and without prompting discloses Salary History to a prospective Employer, nothing in this Article 141 shall prohibit that Employer from considering that voluntarily disclosed Salary History in determining Salary for such Applicant or verifying such Applicant’s Salary History.
(g) An Employer may, without inquiring about Salary History, engage in discussion with the Applicant about the Applicant’s expectations with respect to Salary, including but not limited to unvested equity or deferred compensation or bonus that an Applicant would forfeit or have cancelled by virtue of the Applicant’s resignation from their current Employer.
(h) Nothing in this Article 141 shall prohibit an Employer from verifying non-Salary related information disclosed by the Applicant or from conducting a background check provided that when such verification or background check discloses the Applicant’s Salary History, the disclosed Salary History shall not be considered for purposes of determining the Salary to be offered to the Applicant during the hiring process.
(Former Administrative Code Sec. 12K.4 added as Sec. 12K.3 by Ord. 128-98, App. 4/13/98; renumbered and amended by Ord. 325-00, File No. 001920, App. 12/28/2000; redesignated as Administrative Code Sec. 33A.4 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)
(a) Section 141.4 shall not apply to Contracts, Subcontracts, or Property Contracts in the following circumstances:
(1) The contracting City department determines that needed services under the applicable Contract are available only from one source pursuant to applicable provisions of the Administrative Code and Labor and Employment Code; or
(2) The contracting City Department determines, pursuant to applicable provisions of the Administrative Code and Labor and Employment Code, that the Contract is necessary to respond to an emergency which endangers the public health or safety; and no entity that complies with Section 141.4 and is capable of responding to the emergency is immediately available to perform the required services; or
(3) The contracting City department determines that there are no qualified responsive bidders or prospective vendors that comply with the requirements of Section 141.4; and the Contract is for a service, project, or property that is essential to the City or the public; or
(4) The contracting City department determines that the public interest warrants the granting of a waiver because application of Section 141.4 would have an adverse impact on services or a substantial adverse financial impact on the City; or
(5) The contracting City department determines that the services to be purchased are available under a bulk purchasing arrangement with a federal, state, or local governmental entity or a group purchasing organization; purchase under such arrangement will substantially reduce the City’s cost of purchasing such services; and purchase under such an arrangement is in the best interest of the City; or
(6) The contracting City department determines that the requirements of Section 141.4 will violate or are inconsistent with the terms or conditions of a grant, subvention, or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or agreement, provided that the contracting officer has made a good faith attempt to change the terms or conditions of any such grant, subvention, or agreement to authorize application of this Section.
(b) The General Manager of the Public Utilities Commission may waive the requirements of Section 141.4 where the Contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of same, or ancillary services such as spinning reserve, voltage control, or loading scheduling, as required for assuring reliable services in accordance with good utility practice, to or on behalf of the San Francisco Public Utilities Commission; provided that the purchase of same may not practically be accomplished through the City’s standard competitive bidding procedures; and further provided that this waiver provision shall not apply to Contractors or franchisees providing direct, retail services to end users within the City.
(c) For any determination of nonapplicability, exception, or waiver pursuant to subsections (a) and (b), the contracting City department shall maintain a record documenting the basis for such decision. Each contracting City department that makes a determination of nonapplicability, exception, or waiver pursuant to subsections (a) and (b) shall submit a report to the City Administrator summarizing the Contract and the basis for inapplicability. Such reports shall be submitted annually within 30 days of the end of the fiscal year.
(Former Administrative Code Sec. 12K.5 added as Sec. 12K.4 by Ord. 128-98, App. 4/13/98; renumbered and amended by Ord. 325-00, File No. 001920, App. 12/28/2000; Ord. 16-03, File No. 021853, App 2/7/2003; redesignated as Administrative Code Sec. 33A.5 by Ord. 142-17, File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)
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