§ 12K.1. DEFINITIONS.

As used in this Chapter 12K, 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 Chapter 12K, 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 Chapter 12K, 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.

(Added by Ord. , File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)

(Former 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 Sec. 33A.1 by Ord. , File No. 170350, App. 7/19/2017, Eff. 8/18/2017, Oper. 7/1/2018)