San Francisco County Municipal Code § 151.5 Administration

New Ordinance Notice Publisher's Note: This section has been AMENDED by new legislation (Ord. 99-26 , approved 5/29/2026, effective 6/29/2026). The text of the amendment will be incorporated under the new section number when the amending legislation is operative. (a) Administration of Article. (1) Office of Contract Administration. The Director of the Office of Contract Administration shall implement and administer the procurement requirements of this Article 151. The Director is authorized to create and maintain a prequalified list of Manufacturers that meet the requirements of this Article, and awarded Contractors using listed Manufacturers in performance of a Contract shall be deemed in compliance with this Article. The Director of Contract Administration may develop rules and regulations to implement such a prequalified list program. (2) Office of Labor Standards Enforcement. The Director of the Office of Labor Standards Enforcement shall monitor compliance with this Article 151 and work jointly with the Office of Contract Administration to make recommendations on the enforcement and remedies for violations of this Article. (3) Cooperative Implementation. The City may, subject to the Charter, including without limitation its budgetary and fiscal provisions, and the Municipal Code, enter into contracts with any entity and cooperative agreements or arrangements with any public entity for assistance in implementing, administering, or enforcing this Article 151, and shall explore efficient and cost-effective mechanisms for ensuring the compliance of Contractors. (b) Rules and Regulations. The Director of the Office of Contract Administration may promulgate rules and regulations for the implementation of the Article 151. (c) Enforcement. (1) Office of Labor Standards Enforcement. When allegations of violations of this Article 151 are brought to the attention of the Office of Labor Standards Enforcement, the Director of the Office of Labor Standards Enforcement shall promptly review the allegations and, if confirmed, recommend appropriate enforcement actions. (2) Use of External Sources of Information. When determining whether there is a violation of this Article 151, the Office of Labor Standards Enforcement shall take into consideration relevant and reliable information including, but not limited to, information provided by the Contractor on behalf of the Manufacturer, reports from reputable national and international organizations, documented media reports, and credible information from local groups and organizations. (3) City Departments to Cooperate with Agencies. Each City department, when requested by the Director of the Office of Contract Administration, shall cooperate in the implementation or administration of this Article 151, and when requested by the Director of the Office of Contract Administration or the Director of Office of Labor Standards Enforcement, shall cooperate with the enforcement of this Article by providing relevant information that is in the department's possession and control, and providing any other assistance that it is feasible for the department to provide. (4) Independent Monitor Cooperation. Each Contractor shall require from its Manufacturers and/or Factories that they cooperate fully with any investigation of the Director of the Office of Labor Standards Enforcement, the Director's designee or contractors, including without limitation any independent non-profit monitor, and other City employees and agents authorized to assist in the implementation, administration,. or enforcement of this Article 151. Such persons or entities shall, in the performance of their duties, have the right to engage in random inspections of any Factories where the Covered Goods are manufactured and have access to any Worker or any record required to be maintained in Section 151.4. (d) Remedies for Violations of this Article. If the Office of Labor Standards Enforcement determines that a Contractor or the Manufacturer or Factory from which it sources Covered Goods has violated this Article 151, or has not corrected within a reasonable timeframe, as defined by the Director of Office of Labor Standards Enforcement, a specific violation of this Article that the City discovers after award of the Contract, the Director of the Office of Labor Standards Enforcement may recommend that the awarding authority take some or all of the following measures: (1) Assess the Contractor with a statutory penalty equal to the greater of $1,000 or 20% of the value of the procured equipment, goods, supplies, or materials. (2) Terminate the Contract. (3) Commence debarment proceedings pursuant to Chapter 28 of the Administrative Code against the Contractor, Manufacturer, and/or Factory. (4) Withhold payments under the Contract until the Contractor or its Manufacturers or Factories are in full compliance with this Article.

(5) Require the Contractor, Manufacturer, or Factory, at its expense, to provide training and best practices guidelines to managers and employees at the facility or operation where the violation occurred, to ensure future compliance. Upon request by the Director of the Office of Labor Standards Enforcement or the Director's designee, the Contractor, Manufacturer, or Factory shall submit such materials for the City 's review and approval prior to distribution to managers and employees. (6) Inspect records and the facility or site where the violation occurred and interview Workers. (7) During the term of the Contract, but not more than once every 30 days, require the Contractor to provide a written report of the steps Contractor, Manufacturer, or Factory have taken to remedy the noncompliance and any difficulties encountered in curing the noncompliance. The request may require the response to be submitted under penalty of perjury. The Contractor shall provide the written report within the time period specified by the Director, the Office of Labor Standards Enforcement, or the Director's designee, which shall not be less than 14 days from receipt of the request. (8) Pursue any other remedies available to the City at law or in equity. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026; amended by Ord. 99-26, File No. 260217, App. 5/29/2026, Eff. 6/29/2026) (Former Sec. 151.5 added as Administrative Code Sec. 12U.5 by Ord. 223-05, File No. 051257, App. 9/16/2005; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024) Editor’s Note: Former Subsection 151.5(e) as added by Ord. 192-25 was redesignated as Administrative Code Sec. 5.10-1, Advisory Council, by Ord. 99-26.