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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)
(a) Regarding applicants or potential applicants for employment, or employees, a Contractor or Subcontractor shall not, at any time or by any means, inquire about, require disclosure of, or if such information is received base an Adverse Action in whole or in part on:
(1) An Arrest not leading to a Conviction, excepting under circumstances identified in this Section an Unresolved Arrest;
(2) Participation in or completion of a diversion or a deferral of judgment program;
(3) A Conviction that has been judicially dismissed, expunged, voided, invalidated, or otherwise rendered inoperative, by way of example but not limitation, under California Penal Code Sections 1203.4, 1203.4a, or 1203.41;
(4) A Conviction or any other determination or adjudication in the juvenile justice system, or information regarding a matter considered in or processed through the juvenile justice system;
(5) A Conviction that is more than seven years old, the date of Conviction being the date of sentencing;
(6) Information pertaining to an offense other than a felony or misdemeanor, such as an infraction, except that a Contractor or Subcontractor may inquire about, require disclosure of, base an Adverse Action on, or otherwise consider an infraction or infractions contained in an applicant or employee’s driving record if driving is more than a de minimis element of the employment in question; or
(7) A Conviction that arises out of conduct that has been decriminalized since the date of the Conviction, the date of the Conviction being the date of sentencing. Examples of statutes that have decriminalized particular conduct include but are not limited to California Health and Safety Code Sections 11362.1 and 11362.2.
Accordingly, the matters identified in this subsection (a) may not be considered in any manner by the Contractor or Subcontractor.
(b) A Contractor or Subcontractor shall not require applicants or potential applicants for employment or employees to disclose on any employment application the fact or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(7). Nor shall the Contractor or Subcontractor inquire on any employment application about the fact or details of any Conviction History, any Unresolved Arrest, or any matter identified in subsections (a)(1)-(7). A Contractor or Subcontractor may ask on an employment application for an applicant, potential applicant, or employee’s written consent for a Background Check so long as the application includes a clear and conspicuous statement that the Contractor or Subcontractor will not itself conduct or obtain from a third party the Background Check until after a conditional offer of employment in accordance with subsection (c) of this Section 142.4.
(c) A Contractor or Subcontractor shall not require applicants or potential applicants for employment, or employees, to disclose, and shall not inquire into or discuss, their Conviction History or an Unresolved Arrest until after a conditional offer of employment. A Contractor or Subcontractor may not itself conduct or obtain from a third party a Background Check until after a conditional offer of employment.
(d) Prior to any Conviction History inquiry, the Contractor or Subcontractor shall provide a copy of the notice described in Section 142.5(b) to the applicant or employee.
(e) Prior to obtaining a copy of a Background Check Report, the Contractor or Subcontractor shall comply with all state and federal requirements including but not limited to California Investigative Consumer Reporting Agencies Act (ICRAA), California Civil Code sections 1786 et seq., and the Federal Consumer Reporting Act (FCRA), 15 United States Code sections 1681 et seq., to provide notice to the applicant or employee that such a report is being sought.
(f) In making an employment decision based on an applicant’s or employee’s Conviction History, a Contractor or Subcontractor shall conduct an individualized assessment, considering only Directly-Related Convictions, the time that has elapsed since the Conviction or Unresolved Arrest, and any evidence of inaccuracy or Evidence of Rehabilitation or Other Mitigating Factors.
(g) If a Contractor or Subcontractor intends to base an Adverse Action on an item or items in the applicant or employee’s Conviction History, prior to taking any Adverse Action the Contractor or Subcontractor shall provide the applicant or employee with a copy of the Background Check Report, and shall notify the applicant or employee of the prospective Adverse Action and the item or items forming the basis for the prospective Adverse Action.
(h) If, within seven days of the date that the notice described in subsection (g) is provided by the Contractor or Subcontractor to the applicant or employee, the applicant or employee gives the Contractor or Subcontractor notice, orally or in writing, of evidence of the inaccuracy of the item or items of Conviction History or any Evidence of Rehabilitation or Other Mitigating Factors, the Contractor or Subcontractor shall delay any Adverse Action for a reasonable period after receipt of the information and during that time shall reconsider the prospective Adverse Action in light of the information.
(i) Upon taking any final Adverse Action based upon the Conviction History of an applicant or employee, a Contractor or Subcontractor shall notify the applicant or employee of the final Adverse Action.
(j) A Contractor or Subcontractor shall not engage in any communication that is intended and reasonably likely to reach persons who are reasonably likely to seek employment to be performed under a Contract or Property Contract and that expresses, directly or indirectly, that any person with an Arrest or Conviction will not be considered for employment or may not apply for employment. For purposes of this subsection (j), engaging in a communication includes but is not limited to making a verbal statement or producing or disseminating any solicitation, advertisement, or signage.
(k) Nothing in this Section 142.4 shall be construed to prohibit a Contractor or Subcontractor from observing the conditions of a seniority system or an employee benefit plan, provided such systems or plans are not a subterfuge to evade the purposes or requirements of this Article.
(Added as Administrative Code Sec. 12T.4 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.4 added by Ord. 3-02, File No. 011796, App. 1/18/2002; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
(a) The Contractor or Subcontractor shall state in all solicitations or advertisements for employees that are reasonably likely to reach persons who are reasonably likely to seek employment to be performed under a Contract or Property Contract, that the Contractor or Subcontractor will consider for employment qualified applicants with criminal histories in a manner consistent with the requirements of this Article.
(b) The OLSE shall, by the operative date of this Article, publish and make available to Contractors and Subcontractors, in English, Spanish, Chinese, and all languages spoken by more than 5% of the San Francisco workforce, a notice substantially similar in form and content to the notice described in Police Code Section 4905(b). However, the notice shall cite this Article rather than Police Code Article 49 as the applicable legal authority for the rights and obligations described therein.
(c) Contractors and Subcontractors shall post the notice described in subsection (b) in a conspicuous place at every workplace, job site, or other location under the Contractor or Subcontractor’s control at which work is being done or will be done in furtherance of performing a Contract or Property Contract with the City. The notice shall be posted in English, Spanish, Chinese, and any language spoken by at least 5% of the employees at the workplace, job site, or other location at which it is posted.
(Former Administrative Code Sec. 12T.5 added by Ord. 3-02, File No. 011796, App. 1/18/2002; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
(a) The OLSE is authorized to take appropriate steps to enforce and coordinate enforcement of this Article 142, including the investigation of possible violations of this Article. The OLSE shall not find a violation based on a Contractor or Subcontractor’s decision that an applicant or employee’s Conviction History is Directly-Related, but otherwise may find a violation of this Article, including if the Contractor or Subcontractor failed to conduct the individualized assessment as required under Section 142.4(f).
(b) An employee, applicant or other person may report to the OLSE any suspected violation of this Article 142. The OLSE shall encourage reporting pursuant to this subsection (b) by keeping confidential, to the maximum extent permitted by applicable laws, the name and other identifying information of the employee or person reporting the violation; provided, however, that with the authorization of such person, the OLSE may disclose his or her name and identifying information as necessary to enforce this Article or for other appropriate purposes.
(c) A Contractor or Subcontractor shall be deemed to have breached the provisions regarding the procedures for use of Conviction History in employment upon a finding by the OLSE that the Contractor or Subcontractor has willfully violated these provisions except as provided in the second sentence of subsection (f) of this Section 142.6.
(d) The Director of the OLSE shall establish rules governing the administrative process for determining and appealing violations of this Article 142. The rules shall include procedures for:
(1) providing the Contractor or Subcontractor with notice that it may have violated this Article;
(2) providing the Contractor or Subcontractor with a right to respond to the notice;
(3) providing the Contractor or Subcontractor with notice of the OLSE’s determination of a violation;
(4) providing the Contractor with an opportunity to appeal the OLSE’s determination to a hearing officer, who is appointed by the City Controller or his or her designee.
(e) If there is an appeal of the OLSE’s determination of a violation, the hearing before the hearing officer shall be conducted in a manner that satisfies the requirements of due process. In any such hearing, the OLSE’s determination of a violation shall be considered prima facie evidence of a violation, and the Contractor or Subcontractor shall have the burden of proving, by a preponderance of the evidence, that the OLSE’s determination of a violation is incorrect. The hearing officer’s decision of the appeal shall constitute the City’s final decision.
(f) This subsection (f) applies to violations occurring during the term of a Contract entered into prior to the effective date of the ordinance in Board of Supervisors File No. 171170 amending this Article 142. For a first violation, or for any violation during the first twelve months following the operative date of this Article, the OLSE must issue warnings and notices to correct, and offer the Contractor or Subcontractor technical assistance on how to comply with the requirements of this Article. Upon a subsequent finding of a violation of this Article, the awarding authority shall notify the Contractor or Subcontractor that unless the Contractor or Subcontractor demonstrates to the satisfaction of the OLSE within such reasonable period as the OLSE shall determine, that the violation has been corrected, action will be taken as set forth in this subsection (f) and subsections (h) through (j) of this Section 142.6. For a second violation, the awarding authority may deduct from the amount payable to the Contractor or Subcontractor by the City under any Contract subject to this Article, or the OLSE may impose upon the Contractor or Subcontractor, a penalty of $50 for each employee, applicant or other person as to whom the violation occurred or continued. Thereafter, for subsequent violations, the penalty may increase to no more than $100, for each employee or applicant whose rights were, or continue to be, violated. Such funds shall be allocated to the OLSE and used to offset the costs of implementing and enforcing this Article. If multiple employees or applicants are impacted by the same procedural violation at the same time (e.g. all applicants for a certain job opening are asked for their conviction history on the initial application), the violation shall be treated as a single violation rather than multiple violations.
(g) This subsection (g) applies to violations occurring during the term of a Contract entered into on or after the effective date of the ordinance in Board of Supervisors File No. 171170 amending this Article 142. For a first violation, the awarding authority may deduct from the amount payable to the Contractor or Subcontractor by the City under any Contract subject to this Article, or the OLSE may impose upon the Contractor or Subcontractor, a penalty of $500 for each employee, applicant or other person as to whom the violation occurred or continued. For a second violation, the awarding authority may deduct from the amount payable to the Contractor or Subcontractor by the City under any Contract subject to this Article, or the OLSE may impose upon the Contractor or Subcontractor, a penalty of no more than $1,000 for each employee, applicant or other person as to whom the violation occurred or continued. Thereafter, for subsequent violations, the awarding authority may deduct from the amount payable to the Contractor or Subcontractor by the City under any Contract subject to this Article, or the OLSE may impose upon the Contractor or Subcontractor, a penalty of no more than $2,000, for each employee or applicant whose rights were, or continue to be, violated. The administrative penalties for each violation shall be paid to the employee or applicant as to whom the violation occurred or continued. If multiple employees or applicants are impacted by the same procedural violation at the same time (e.g. all applicants for a certain job opening are asked for their Conviction History on the initial application), the violation shall be treated as one violation for each impacted employee or applicant.
(h) In addition to any other penalties provided for the violation of this Article, the Contract or Property Contract may be terminated or suspended, in whole or in part, by the awarding authority upon the basis of a finding under this Section 142.6 that the Contractor or Subcontractor has violated the provisions of this Article, and all moneys due or to become due hereunder may be forfeited to, and retained by, the City.
(i) A violation of the provisions of this Article during the performance of a Contract or Property Contract shall be deemed by the City to be a material breach of contract and the basis for determination by the awarding authority that the Contractor or Subcontractor is an irresponsible bidder as to all future contracts for which such Contractor or Subcontractor may submit bids. Such Contractor or Subcontractor shall not for a period of up to two years thereafter, be allowed to act as a Contractor or Subcontractor under any Contract or Property Contract. This subsection (i) shall be governed by the procedures set forth in Chapter 28.
(j) Nothing contained in this Article shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law, equity or under any Contract or Property Contract.
(k) The Director of OLSE shall have authority to adopt regulations or guidelines that implement the provisions of this Article. Regulations or guidelines shall be adopted only after consultation with the Director of OCA. Regulations or guidelines that relate to provisions of general import or applicability in Police Code Article 49 shall be adopted only after consultation with the Director of HRC and the Mayor’s Office of Housing and Community Development. A designee of the Director of OLSE shall not have the authority to adopt regulations or guidelines under the first sentence of this subsection (k); but at the discretion of the Director of OLSE a designee of the Director of OLSE shall have the authority to conduct hearings leading to the adoption of regulations or guidelines, and to consult with the Director of HRC, the Mayor’s Office of Housing and Community Development, and the Director of OCA as specified in this subsection (k).
(l) OLSE shall maintain a record of the number and types of complaints it receives alleging a violation of this Article, and the resolution of those complaints. This information shall be compiled on an annual calendar year basis and reported to the Board of Supervisors by January 31 of each year.
(Added as Administrative Code Sec. 12T.6 by Ord. 17-14, File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by 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.6 added by Ord. 3-02, File No. 011796, App. 1/18/2002; repealed by Ord. 171-03, File No. 030422, App. 7/3/2003)
(a) All Contractors and Subcontractors shall be subject to the same requirements for access to and maintenance of employment records as described in Police Code Section 4910. In no event shall OLSE require a Contractor or Subcontractor to provide any information or documents the disclosure of which would violate state or federal law.
(b) A Contractor or Subcontractor shall provide to the OLSE, or the OLSE’s designee, such information on an annual basis as may be required to verify the Contractor or Subcontractor’s compliance with this Article.
(c) Where a Contractor or Subcontractor does not maintain or retain adequate records documenting compliance with this Article and does not allow OLSE reasonable access to such records, it shall be presumed that the Contractor or Subcontractor did not comply with this Article 142, absent clear and convincing evidence otherwise. The Office of Treasurer and Tax Collector shall have the authority to provide any and all nonfinancial information to OLSE necessary to fulfill OLSE’s responsibilities as the enforcing agency under this Article. With regard to all such information provided by the Office of Treasurer and Tax Collector. OLSE shall be subject to the confidentiality provisions of Section 6.22-1 of the San Francisco Business and Tax Regulations Code.
(a) The Director of OCA shall waive the requirements of this Article under the following circumstances:
(1) Whenever the Director of OCA finds, upon the advice of the awarding authority, that there is only one prospective Contractor willing to enter into a Contract with the City, or a Property Contract with the City for use of City property on the terms and conditions established by the City, or that the needed goods, services, construction services for a public work or improvement, or interest in or right to use real property are available only from a sole source, and the prospective Contractor is not currently disqualified from doing business with the City, or from doing business with any governmental agency based on any contract compliance requirements;
(2) If the contracting department, board or commission certifies in writing to the OCA that pursuant to Administrative Code and Labor and Employment Code provisions the Contract or Property Contract is necessary to respond to an emergency which endangers the public health or safety and no entity which complies with the requirements of this Article capable of responding to the emergency is immediately available; provided that such certification must be made prior to the Controller’s contract certification;
(3) Where the City Attorney certifies in writing to the OCA that the contract involves specialized litigation requirements such that it would be in the best interests of the City to waive the requirements of this Article.
(b) This Article shall not apply where the prospective Contractor is a public entity and the Director of OCA finds that goods, services, construction services for a public work or improvement or interest in or right to use real property of comparable quality or accessibility as are available under the proposed Contract or Property Contract are not available from another source, or that the proposed Contract or Property Contract is necessary to serve a substantial public interest.
(c) This Article shall not apply where the Director of OCA finds that the requirements of this Article 142 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 Article.
(d) Subject to the requirements of subsection (e), upon the request of a potential Contractor or upon the Contracting Officer’s own initiative, after taking all reasonable measures to find an entity that complies with this Article 142, the Contracting Officer may propose a waiver of any or all of the requirements of this Article for any Contract, Property Contract or bid package advertised and made available to the public, or any competitive or sealed bids received by the City as of the operative date of this Article under the following circumstances:
(1) Where the Contracting Officer determines that there are no qualified responsive bidders or prospective Contractors who could be certified as being in compliance with the requirements of this Article and that the Contract or Property Contract is for goods, a service, or a project that is essential to the City or City residents; or
(2) Where the Contracting Officer determines that transactions entered into pursuant to bulk purchasing arrangements through federal, state or regional entities which actually reduce the City’s purchasing costs would be in the best interests of the City; or
(3) Where the Contracting Officer determines that the requirements of this Article would result in the City’s entering into a Contract with an entity that was set up, or is being used, for the purpose of evading the intent of this Article;
(e) The waiver authority granted to Contracting Officers in this Section 142.8 shall be subject to the requirement that:
(1) All proposed waivers must be submitted for approval to the Director of OCA. All proposed waivers must set forth the reasons the Contracting Officer is requesting the waiver, what steps were taken to find any entity that complies with this Article, and why the waiver does not defeat the intent of this Article, which is to prohibit the City from entering into Contracts and Property Contracts with persons that do not comply with the requirements of this Article to follow certain procedures when inquiring about and using criminal history information in employment decisions.
(2) The Director of OCA shall take action approving or denying a proposed waiver within 30 days of receiving a notification of the proposed waiver from a contracting officer. If after 30 days the Director of OCA has taken no action on the proposed waiver, the waiver shall be deemed approved.
(3) The Director of OCA or Contracting Officer shall report to the OLSE whenever such a waiver is granted within five days of granting the waiver.
(f) For any Contract or Property Contract subject to approval by the Board of Supervisors, the approving resolution shall state whether any waiver or exception under this Section 142.8 has been or is proposed to be granted for that contract.
(g) This Article 142 shall not apply to (i) the investment of trust moneys or agreements relating to the management of trust assets, (ii) City moneys invested in U.S. government securities or under pre-existing investment agreements, or (iii) the investment of City moneys where the Treasurer finds that:
(1) No person, entity or financial institution doing business in the City which is in compliance with this Article is capable of performing the desired transactions(s); or
(2) The City will incur a financial loss which in the opinion of the Treasurer would violate his or her fiduciary duties.
This subsection (g) shall be subject to the requirement that City moneys shall be withdrawn or divested at the earliest possible maturity date if deposited or invested with a person, entity or financial institution other than the U.S. government which does not comply with this Article.
(h) The General Manager of the Public Utilities Commission may waive the requirements of this Article 142 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 exemption shall not apply to Contractors or franchisees providing direct, retail services to end users within the City.
(i) OCA shall maintain a record of all instances in which the requirements of this Article have not been applicable to a Contract or Property Contract because of an exception or a waiver as recognized under this Section 142.8. This information shall be compiled on an annual fiscal year basis and reported to the Board of Supervisors upon written request by any member of the Board of Supervisors to the Purchaser.
(j) The Contracting Officer may waive the restriction in subsection (a)(5) of Section 142.4 and any limitations imposed in this Article based on subsection (a)(5) as to any Contract or Property Contract, including any grant, where the Contracting Officer certifies in writing that, in the performance of the agreement, the Contractor or grantee (1) is providing services to or has supervisory or disciplinary authority over a minor, (2) is providing services to or has supervisory authority over a “dependent adult,” as that phrase is defined in California Welfare and Institutions Code Section 15610.23 or any successor state law, or (3) is providing support services or care to or has supervisory authority over a person 65 years or older. The Contracting Officer shall report annually in writing to the Director of OCA all waivers that he or she grants pursuant to this subsection (j).
(k) Waivers granted to a Contractor pursuant to this Section 142.8 shall relieve that Contractor of any obligations it may have under Article 49 of the Police Code, but only with respect to work performed under the Contract or Property Contract for which the waiver was granted.
(Added as Administrative Code Sec. 12T.8 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; Ord. 164-23, File No. 230647, App. 7/28/2023, Eff. 8/28/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
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