San Francisco County Municipal Code § 131.5 Administration

(a) Administration of Article. The implementation and administration of this Article 131 shall be conducted by the San Francisco Human Rights Commission, its presiding officer and its Director. The Commission and Director may delegate the duties to the Contract Monitoring Division and its Director. Such delegation is revocable. (b) Rules and Regulations. The Commission, or Contract Monitoring Division if so delegated, shall promulgate rules and regulations for the implementation of this Article 131. (c) Enforcement. (1) Enforcement Relating to Nondiscrimination in Contracts. (A) Findings of Breach. The Contractor or Subcontractor shall be deemed to have breached the nondiscrimination provisions of this Article 131 upon a finding by the Director or such other official who may be designated by the Commission, that the Contractor or Subcontractor has willfully violated such nondiscrimination provisions; or a finding by the State of California that a contractor or subcontractor has violated any provision of the California Fair Employment and Housing Act. (B) Notice and Corrective Action. Upon such finding the awarding authority shall notify the Contractor or Subcontractor that, unless the Contractor or Subcontractor demonstrates to the satisfaction of the Director or other official designated by the Commission within such reasonable period as the Commission shall determine, the violation has been corrected, action will be taken as set forth in subsection (d)(1). (C) Appeals. A process for appeals of findings of breach may but need not be established in Rules and Regulations. (D) Reports. If a finding of discrimination is made by either the Director or the Commission, the contract awarding Department shall submit a report to the Board of Supervisors, the Mayor’s Office, and the Commission that provides details of what actions, if any, the contract awarding Department undertook under this Article 131 because of the finding. (2) Enforcement Relating to Provisions of Benefits. (A) Findings of Breach. The Contractor shall be deemed to have breached the equal benefits provisions of this Article 131 upon a finding by the Director that the Contractor has willfully violated such provisions. (B) Notice and Corrective Action. Upon such finding, the awarding authority shall notify the Contractor that unless the Contractor demonstrates to the satisfaction of the Director that the violation has been corrected, action will be taken as set forth in subsection (d)(2). (C) Appeals. The Director shall be the final arbiter of a Contractor’s compliance or substantial compliance with this Article 131 and the Director’s determination shall not be appealable to the Commission. (d) Remedies for Violations of this Article. (1) Damages and Termination. The awarding authority may deduct from the amount payable to the Contractor or Subcontractor by the City under any Contract or Property Contract subject to this Article 131, or may impose upon the Contractor or Subcontractor, a penalty of $50 for each person for each calendar day during which such person was discriminated against in violation of the provisions of this Article. In addition to any other penalties provided for the violation of the nondiscrimination provisions of this Article or for the failure of any Contractor or Subcontractor to abide by the rules and regulations of the Commission, the Contract, Property Contract, or Subcontract may be terminated or suspended, in whole or in part, by the awarding authority upon the basis of a finding as set forth in subsection (c)(1)(A) that the Contractor has discriminated contrary to the provisions of this Article, and all moneys due or to become due hereunder may be forfeited to, and retained by, the City. (2) Irresponsible Bidder. A breach of the nondiscrimination provisions in the performance of a Contract, Property Contract, or Subcontract 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 or Property 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, or until it shall establish and carry out a program in conformity with the nondiscrimination provisions of this Article, be allowed to act as a contractor or subcontractor under any contract or property contract for the City.

(3) Remedial Compliance. A process for remedial compliance actions may be established in rules and regulations. (4) Withholding. The City may withhold payments under the Contract until the Contractor is in full compliance with this Article 131. (5) Nonexclusive Remedies. Nothing contained in this Article 131 shall be construed in any manner so as to prevent the City from pursuing any other remedies that may be available at law or equity or under any Contract or Property Contract. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026) (Former Sec. 131.5 added as Administrative Code Sec. 12B.5; amended by Ord. 340-68, App. 12/6/68; Ord. 201-97, App. 5/27/97; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; replaced by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 4/1/2026)