Sec. 161.1. Definitions.
Sec. 161.2. Required Contract Provisions.
Sec. 161.3. Preemption.
Sec. 161.4. Severability.
*Editor’s Note:
Former Administrative Code Chapter 12O (“Earned Income Credit Information”) was redesignated as Labor and Employment Code Article 161 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.
As used in this Article the following capitalized words and phrases shall have the following meanings:
“City” shall mean the City and County of San Francisco.
“Contract” shall mean a Prime Contract or a Subcontract.
“Contract Amendment” shall mean an agreement pursuant to which a Contract entered into prior to the Effective Date is modified or supplemented in order to: (i) extend the term; (ii) increase the total amount of payments due to a Contractor; or (iii) increase the scope of work or services to be performed by a Contractor.
“Contractor” shall mean either (i) a Prime Contractor; or (ii) the person or entity that enters into a Subcontract with a Prime Contractor.
“Contracting Department” shall mean the department, office, commission or other City entity that enters into the applicable Contract on behalf of the City.
“Effective Date” shall mean January 1, 2000.
“EIC Forms” shall mean, at the time in question, any forms published by the Federal Internal Revenue Service for use in claiming all or any portion of the federal Earned Income Credit. For example, as of the Effective Date, such forms consist of IRS Form W-5 and IRS Schedule EIC.
“EIC Limit” shall mean, at the time in question, the highest income limit under which a person (assuming the highest number of qualifying children) could be eligible for the federal Earned Income Credit under federal laws, rules and regulations. For example, as of the Effective Date, such highest income limit is $30,580 per year.
“Eligible Employee” shall mean any employee of Contractor who is paid at a rate that, on an annualized basis, is not greater than the EIC Limit.
“Prime Contract” shall mean (a) either an agreement pursuant to which the City obtains public works or improvements or goods or services, at the City’s expense or from trust funds under the control of the City; or (b) an agreement pursuant to which the City grants funds to a third party, at the City’s expense or from trust funds under the control of the City. Notwithstanding the foregoing, the term “Prime Contract” shall exclude (i) agreements entered into prior to the Effective Date (unless and until a Contract Amendment is entered into); (ii) agreements entered into after the Effective Date (unless and until a Contract Amendment is entered into) pursuant to bid packages or requests for proposals advertised and made available to the public prior to the Effective Date, which bid packages or requests for proposals were not amended on or after the Effective Date; and (iii) agreements with a Contractor that is a public entity.
“Prime Contractor” shall mean the person or entity that enters into a Prime Contract with the City.
“Subcontract” shall mean an agreement pursuant to which a Prime Contractor obtains from a third party goods, services or labor to be used in the fulfillment of the Prime Contractor’s duties under the applicable Prime Contract.
(Added as Administrative Code Sec. 12O.1 by Ord. 245-99, File No. 991107, App. 9/30/99; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
Every Contract or Contract Amendment entered into on or after the Effective Date shall provide as follows:
(a) Contractor shall provide the EIC Forms to each Eligible Employee at each of the following times: (i) within thirty (30) days following the date on which the applicable Contract or Contract Amendment becomes effective (unless Contractor has already provided such EIC Forms at least once during the calendar year in question); (ii) promptly after any Eligible Employee is hired by Contractor; and (iii) annually between January 1 and January 31 of each calendar year during the term of the Contract.
(b) Failure to comply with the foregoing requirement shall constitute a material breach by Contractor of the terms of the Contract.
(c) If within thirty (30) days after the Contractor receives written notice of such a breach, Contractor fails to cure such breach or, if such breach cannot reasonably be cured within such period of thirty (30) days, Contractor fails to commence efforts to cure within such period, or thereafter fails to diligently pursue such cure to completion, the City may pursue any rights or remedies available under the terms of the Contract or under applicable law.
(Added as Administrative Code Sec. 12O.2 by Ord. 245-99, File No. 991107, App. 9/30/99; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
Nothing in this Article shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law.
(Added as Administrative Code Sec. 12O.3 by Ord. 245-99, File No. 991107, App. 9/30/99; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)
Loading...