Sec. 142.1. Definitions.
Sec. 142.2. Applicability of Article to Contractors and Subcontractors.
Sec. 142.3. All Contracts and Property Contracts to Include Provision Requiring Compliance with this Article.
Sec. 142.4. Procedures for Contractor and Subcontractor Use of Criminal History Information in Employment Decisions.
Sec. 142.5. Notice and Posting Requirements for Contractors and Subcontractors.
Sec. 142.6. Implementation and Enforcement.
Sec. 142.7. Contractor and Subcontractor Records.
Sec. 142.8. Nonapplicability, Exceptions, and Waivers.
Sec. 142.9. Preemption.
Sec. 142.10. Severability.
Sec. 142.11. Operative Date.
*Editor’s Notes:
Former Administrative Code Chapter 12T (“City Contractor/Subcontractor Consideration of Criminal History in Hiring and Employment Decisions”) was redesignated as Labor and Employment Code Article 142 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.
See also Police Code Art. 49, “Procedures for Considering Arrests and Convictions and Related Information in Employment and Housing Decisions.”
For the purposes of this Article 142, the following words and phrases shall mean and include:
“Adverse Action” shall have the same meaning as in Police Code Section 4903.
“Arrest” shall have the same meaning as in Police Code Section 4903.
“Background Check Report” shall have the same meaning as in Police Code Section 4903.
“Bid” shall mean a bid or proposal submitted to the City in response to an invitation for bids or a request for proposals. “Bid” shall also mean a response to a request for qualifications if no further ranking prior to Contractor selection is contemplated by the procurement process.
“City” shall mean the City and County of San Francisco.
“Contract” shall mean an agreement for public works or improvements to be performed, or for goods or services to be purchased or grants to be provided, at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control or collected by the City. “Contract” does not include (1) Property Contracts, (2) agreements entered into pursuant to settlement of legal proceedings, (3) contracts for urgent litigation expenses as determined by the City Attorney, or (4) contracts for a cumulative amount of $5,000 or less per vendor in each fiscal year.
“Contracting Officer” shall mean the department head or designee of the department head.
“Contractor” shall mean any person or persons, firm, partnership, corporation, or combination thereof who enters into a Contract or Property Contract with the City.
“Conviction” shall have the same meaning as in Police Code Section 4903.
“Conviction History” shall have the same meaning as in Police Code Section 4903.
“Directly-Related Conviction” shall have the same meaning as in Police Code Section 4903.
“Employment” shall have the same meaning as in Police Code Section 4903.
“Evidence of Rehabilitation or Other Mitigating Factors” shall have the same meaning as in Police Code Section 4903.
“HRC” and “Director of HRC” shall have the same meaning as in Police Code Section 4903.
“Inquire” shall have the same meaning as in Police Code Section 4903.
“OCA” shall mean the Office of Contract Administration or any successor department or office. The “Director” of OCA shall mean the head of the OCA.
“OLSE” and “Director of OLSE” shall have the same meaning as in Police Code Section 4903.
“Person” shall have the same meaning as in Police Code Section 4903.
“Property Contract” shall mean a written agreement, including 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, but excluding the following (collectively, “Excluded Property Contracts”): (1) an agreement through which the City gives the right to use or occupy real property owned or controlled by the City to a public entity or public utility; (2) 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; (3) regulatory permits, including street or public right of way construction, excavation, and use permits; (4) 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; or (5) agreements for activities which are primarily recreational in nature, unless the user engages in a for-profit activity on the City property.
“Subcontract” shall mean an agreement to (i) 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 (ii) 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 percent or more of any Subcontract.
“Unresolved Arrest” shall have the same meaning as in Police Code Section 4903.
(Added as Administrative Code Sec. 12T.1 by Ord. 17-14, File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. 249-14, File No. 140878, App. 12/17/2014, Eff. 1/16/2015; Ord. 54-18, File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
(Former Administrative Code Sec. 12T.1 added by Ord. 3-02, File No. 011796, App. 1/18/2002; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
The requirements of this Article 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. If there is a conflict between the requirements of this Article and any City law, rule or regulation existing as of the effective date of Ordinance No. 249-14 amending this Article, the requirements of this Article shall prevail.
(Former Administrative Code Sec. 12T.2 added by Ord. 3-02, File No. 011796, App. 1/18/2002; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
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 hereinafter executed or amended in any manner or as to any portion thereof, a provision requiring Contractor’s compliance with this Article 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. 12T.3 added by Ord. 3-02, File No. 011796, App. 1/18/2002; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
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