San Francisco County Municipal Code § 151.2 Scope of Article

(a) Authority. This Article 151 governs the obligations of a person or entity entering into an agreement with the City 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 of or collected by the City, or agreements for the exclusive use of City-owned property. (b) Agreements Subject to this Article. Except as stated in subsection (c), the requirements of this Article 151 apply to agreements entered into under Chapter 21 of the Administrative Code valued above the Minimum Competitive Amount as defined in Section 6.40(a) of the Administrative Code. (c) Agreements not Subject to this Article. Notwithstanding subsection (b), an agreement is exempt from all requirements of this Article 151 under one or more of the following circumstances: (1) Government Entity. This Article shall not apply where the prospective contractor is a Government Entity, as defined in Administrative Code Section 1.25(d). (2) Employee Benefits. This Article shall not apply to agreements where the services are related to employee benefits, including, without limitation, health plans, retirement or deferred compensation benefits, insurance and flexible accounts, provided by or through the San Francisco Health Service System, the Retirement Board, or the Retiree Health Care Trust Fund. (3) Legal Services. This Article shall not apply to agreements entered into pursuant to settlement of legal proceedings; or to agreements for urgent or specialized advice, consultation, or litigation services for the City Attorney’s Office. (4) Finance. This Article shall not apply to agreements entered into for purposes of issuing or causing the issuance of bonds, notes, bond anticipation notes, commercial paper, certificates of participation or other obligations for borrowed money including without limitation any lease, installment purchase or sale agreement, or other similar financing agreements or ancillary arrangements including, but not limited to, Issue and Paying Agent agreements, Trustee agreements, Forward Purchase and Sale agreements, and Interest Rate Swap agreements. (5) Emergency. This Article shall not apply to agreements entered into pursuant to an emergency as declared under the authority of Charter Section 3.100 (14), Administrative Code Section 6.60, or Administrative Code Section 21.15. (6) Real Property. This Article shall not apply to: (A) an agreement that gives a public entity or public utility the right to use or occupy real property owned or controlled by the City; (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) a regulatory permit, authorization, or approval, or franchise agreement; (D) an agreement to use 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) an agreement for activities which are primarily recreational in nature, unless the user engages in a for-profit activity on the City property; (F) an easement, month-to-month Lease, or revocable Lease; or (G) a Lease for 1,000 square feet or less of property owned or controlled by the City. (d) Subcontracts. The requirements of this Article 151 do not apply to subcontractors except to the extent that the requirements are imposed upon the Contractor. (e) Amendment. If an agreement is amended to increase the compensation in a manner that the cumulative new value exceeds the applicability thresholds in subsection (b), the new agreement as modified will be subject to this Article 151 unless otherwise exempted under subsection (c). (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 151.2 added as Administrative Code Sec. 12U.2 by Ord. 223-05, File No. 051257, App. 9/16/2005; Ord. 265-07, File No. 071369, App. 11/14/2007; redesignated by Ord. 221- 23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)