§ 12T.1. DEFINITIONS.  


Latest version.
  • For the purposes of this Chapter 12T, 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 by Ord. , File No. 131192, App. 2/14/2014, Eff. 3/16/2014, Oper. 8/13/2014; amended by Ord. , File No. 140878, App. 12/17/2014, Eff. 1/16/2015; Ord. , File No. 171170, App. 4/13/2018, Eff. 5/14/2018, Oper. 10/1/2018)
    (Former 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)