San Francisco County Municipal Code Ch. 12F Implementing the Macbride Principles – Northern

IRELAND Sec. 12F.1. General Provisions. Sec. 12F.2. Scope of Chapter. Sec. 12F.3. Definitions. Sec. 12F.4. Requirements and Obligations. Sec. 12F.5. Administration and Remedies. Sec. 12F.6. Waivers and Exceptions. Sec. 12F.7. Superseding Authority. Sec. 12F.8. Severability. Sec. 12F.9. Operative Date and Sunset. *Editor’s Note: Chapter 12F, “Implementing the Macbride Principles – Northern Ireland”, was added by Ord. 107-89, approved April 7, 1989. It was subsequently replaced with a new Chapter 12F, consisting of Secs. 12F.1 through 12F.9 that incorporate parts of the previous Chapter 12F, by Ord. 192-25, File No. 250192, approved October 16, 2025, effective November 16, 2025, and operative January 1, 2026.

(a) Name of Chapter. This Chapter 12F shall be known as the “MacBride Principles Ordinance.” (b) Findings. (1) The people of the City and County of San Francisco recognize the moral responsibility of communities to continually take political steps toward ensuring that full human rights are obtained for all people and that religious discrimination is abolished. (2) The internationally recognized MacBride Principles are aimed at reducing employment discrimination in companies doing business in Northern Ireland. These MacBride Principles have been formally adopted by numerous state and local governments. (3) The MacBride Principles were endorsed by Dr. Sean MacBride, distinguished Irish statesman, Nobel Peace Prize laureate and founder of Amnesty International.

(4) The City has a tradition of regulating the use of public moneys to ensure that purchases, deposits, and investments are made consistent with moral standards in a manner that promotes public welfare. (5) In keeping with this tradition, the Board of Supervisors seeks, through City policy, to influence those who do business in Northern Ireland. (6) This Chapter 12F should not be construed to discourage future investment in Northern Ireland. (7) This Chapter 12F is enacted to accomplish the following objectives: to declare the City’s opposition to any form of religious discrimination; to influence any discriminatory practices of American corporations doing business in Northern Ireland; and to support efforts to effect peaceful change with regard to the situation in Northern Ireland by means that are prudent and responsible. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 12F.1 added by Ord. 107-89, App. 4/7/89; replaced by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

(a) Authority. This Chapter 12F 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 Chapter. Except as stated in subsection (c), the requirements of this Chapter 12F apply to the following: (1) Agreements entered into under Chapter 6 of the Administrative Code valued above the Minimum Competitive Amount as defined in Section 6.40(a) of the Administrative Code. (2) 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. (3) Agreements entered into under Chapter 21G of the Administrative Code valued above the Minimum Competitive Amount as defined in Section 6.40(a) of the Administrative Code. (4) A Lease, as defined in Section 23.2 of the Administrative Code, for the exclusive use of City property for more than 29 consecutive calendar days. (c) Agreements not Subject to this Chapter. Notwithstanding subsection (b), an agreement is exempt from all requirements of this Chapter 12F under one or more of the following circumstances: (1) Government Entity. This Chapter shall not apply where the prospective contractor is a Government Entity, as defined in Administrative Code Section 1.25(d). (2) Employee Benefits. This Chapter 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 Chapter 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 Chapter 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 Chapter 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 Chapter 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. Where a single Subcontractor is compensated to directly perform greater than 50% of the value for the Contract, they are subject to the requirements of this Chapter 12F, even when phrased as requirements applicable to “Contractors.” If a Property Contract involves a sublease of more than 50% of the area, the that sublessee is a Subcontractor and subject to the requirements of this Chapter. (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 Chapter 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. 12F.2 added by Ord. 107-89, App. 4/7/89; revised and incorporated into Sec. 12F.1 by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

As used in this Chapter 12F, the following words and phrases shall have the meanings indicated herein: “City” means the City and County of San Francisco. “Contract” means an agreement subject to this Chapter as stated in Section 12F.2. “Contracting Department” or “Department” means the City department, office, commission, or other City entity that enters into the applicable Contract on behalf of the City. “Contracting Officer” means the City official or employee who is authorized to execute a contract, either as a Department Head or as a designee appointed in writing by the Department Head, board, or commission as having the authority to sign contracts for the Department. “Contractor” means any person or persons, firm, partnership, corporation, or combination thereof that enters into a contract or property contract with a Department Head or officer empowered by law to enter into contracts or property contracts on behalf of the City. “Department Head” means the duly appointed General Manager, Director, or Executive Director of a City department having charge and management of said department. “MacBride Principles” means a set of nine equal opportunity guidelines for corporations operating in Northern Ireland, fully stated in Section 12F.4(c). “Property Contract” means a written agreement for the exclusive use or occupancy of real property for a term exceeding 29 consecutive days in any calendar year, whether by singular or cumulative instrument, for the operation or use by others of real property owned or controlled by the City for the operation of a business, social, or other establishment or organization, including leases, concessions, franchises, and easements subject to this Chapter as stated in Section 12F.2. “Subcontract” means an agreement to (1) 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 a Contractor’s obligations arising from a Contract with the City, or (2) 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, and which in either case is subject to the provisions of this Chapter 12F pursuant to Section 12F.2(d). “Subcontractor” means any person or persons, firm, partnership, corporation, or any combination thereof, that enters into a Subcontract with a Contractor that is subject to the provisions of this Chapter pursuant to Section 12F.2(d). (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 12F.3 added by Ord. 107-89, App. 4/7/89; revised and incorporated into Sec. 12F.4 by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

(a) City Contracting Departments. All Contracts awarded by the City shall contain a statement urging companies doing business in Northern Ireland to move toward resolving employment inequities, and encouraging them to abide by the MacBride Principles. Each of these statements shall also urge San Francisco companies to do business with corporations that abide by the MacBride Principles.

(b) Obligations of City Contractors. Contractors must acknowledge that they have read and understood the City’s statement urging companies doing business in Northern Ireland to move toward resolving employment inequities, encouraging compliance with the MacBride Principles, and urging San Francisco companies to do business with corporations that abide by the MacBride Principles. (c) MacBride Principles. The MacBride Principles call for affirmative action to be taken by institutions and companies doing business in Northern Ireland, by: (1) Increasing the representation of individuals from underrepresented religious groups in the work force, including managerial, supervisory, administrative, clerical, and technical jobs. A work force that is severely unbalanced may indicate prima facie that full equality of opportunity is not being afforded all segments of the community in Northern Ireland. Each signatory to the MacBride Principles must make every reasonable, lawful effort to increase the representation of underrepresented religious groups at all levels of its operations in Northern Ireland. (2) Providing adequate security for the protection of minority employees both at the workplace and while traveling to and from work. While total security can not be guaranteed in Northern Ireland, each signatory to the MacBride Principles must make reasonable, good-faith efforts to protect workers against intimidation and physical abuse at the workplace. Signatories must also make reasonable, good-faith efforts to ensure that applicants are not deterred from seeking employment because of fear for personal safety at the workplace or while traveling to and from work. (3) Banning provocative or religious or political emblems from the workplace. Each signatory to the MacBride Principles must make reasonable, good-faith efforts to prevent the display of provocative sectarian emblems at their plants in Northern Ireland. (4) Publicly advertising all job openings and making special recruitment efforts to attract applicants from underrepresented religious groups. Signatories to the MacBride Principles must exert special efforts to attract employment applications from the sectarian community that is substantially underrepresented in the work force. This should not be construed to imply a diminution of opportunity for other applications. (5) Providing that layoff, recall, and termination procedures should not, in practice, favor particular religious groups. Each signatory to the MacBride Principles must make reasonable, good-faith efforts to ensure that layoff, recall, and termination procedures do not penalize a particular religious group disproportionately. Layoff and termination practices that involve seniority solely can result in discrimination against a particular religious group if the bulk of employees with greatest seniority are disproportionately from another religious group. (6) Abolishing job reservations, apprenticeship restrictions, and differential employment criteria which discriminate on the basis of religious or ethnic origin. Signatories to the MacBride Principles must make reasonable, good-faith efforts to abolish all differential employment criteria whose effect is discrimination on the basis of religion. For example, job reservations and apprenticeship regulations that favor relatives of current or former employees can, in practice, promote religious discrimination if the company’s work force has historically been disproportionately drawn from another religious group. (7) Developing training programs that will prepare substantial numbers of current minority employees for skilled jobs, including the expansion of existing programs and the creation of new programs to train, upgrade, and improve the skills of minority employees. This does not imply that such programs should not be open to all members of the work force equally. (8) Establishing procedures to assess, identify, and actively recruit minority employees with potential for further advancement. This does not imply that such procedures should not apply to all employees equally. (9) Appointing a senior management staff member to oversee the company’s affirmative action efforts and the setting up of timetables to carry out affirmative action principles. In addition to the above nine principles, each signatory to the MacBride Principles is required to report annually to an independent monitoring agency on its progress in the implementation of these principles. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 12F.4 added by Ord. 107-89, App. 4/7/89; removed by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

(a) Administration of Chapter. Departments shall implement the requirements of this Chapter 12F independently. The City Attorney shall assist with drafting a Contract clause to effectuate this Chapter. (b) Enforcement and Remedies. Other than reading and acknowledging the City’s statement in Section 12F.4(a), the obligations of this Chapter 12F are hortatory. Contractors are urged to implement the MacBride Principles but are not obligated to do so. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 12F.5 added by Ord. 107-89, App. 4/7/89; revised and incorporated into Sec. 12F.4 by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

(a) Waivers by Department. The Contracting Officer may waive in whole or in part the requirements of this Chapter 12F in the following circumstances: (1) Sole Source. When the Contracting Officer finds, upon the advice of the awarding authority, that needed goods, services, construction services for a public work or improvement, or interest in or right to use real property are available only from a sole source. (2) Only One Qualified Bidder. When the Contracting Officer finds, upon the advice of the awarding authority, that there is only one qualified, responsive bidder or proposer who can perform under the proposed agreement and who is not at that time disqualified from doing business with the City. (3) No Compliant Bidders. When the Contracting Officer finds, upon the advice of the awarding authority, that there are no qualified responsive bidders or prospective contractors who could be certified as being in compliance with the requirements of this Chapter 12F. (4) Adverse Impact on Services. Where the Contracting Officer determines that the public interest warrants the granting of a waiver because application of this Chapter 12F would have an adverse impact on services or a substantial adverse financial impact on the City; or would circumvent the purposes of this Chapter. (5) Cooperative Purchasing. When an agreement has been procured under Administrative Code Sections 6.77 or 21.16, and the Contracting Officer finds that application of this Chapter 12F would mean (A) a purchase under such arrangement would substantially reduce the City’s cost of purchasing such services; (B) a purchase under such an arrangement is in the best interest of the City; and (C) adherence to the requirements of this Chapter 12F would prevent the awarding agency from entering into such an agreement. (b) Waiver by Treasurer for Investments. This Chapter 12F shall not apply to the following; (1) the investment of trust moneys or agreements relating to the management of trust assets, (2) City moneys invested in the City’s investment pool, or (3) the investment of City moneys, where the Treasurer finds that: (A) No person, entity, or financial institution doing business in the City that is in compliance with this Chapter is capable of performing the desired transaction(s); or (B) Applying this Chapter would, in the opinion of the Treasurer, violate the Treasurer’s fiduciary duties. (c) Waiver by Public Utilities Commission. The General Manager of the Public Utilities Commission may waive the requirements of this Chapter 12F where the Contractor is providing wholesale or bulk water, power, or natural gas, the conveyance or transmission of same, or ancillary services such as spinning reserve, voltage control, or loading scheduling, as required for assuring reliable services in accordance with good utility practice, to or on behalf of the San Francisco Public Utilities Commission; provided, that the purchase of same may not practically be accomplished through the City’s standard competitive bidding procedures; and further provided, that this exemption shall not apply to Contractors or franchisees providing direct, retail services to end users within the City. (d) Documentation. All proposed waivers must set forth the reasons the Contracting Officer is requesting the waiver. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 12F.6 added by Ord. 107-89, App. 4/7/89; removed by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

(a) Federal or State Law Preemption. The requirements of this Chapter 12F shall not be in effect in the event they conflict with federal or State laws, or the City Attorney determines they are reasonably likely to do so. Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or State law. (b) Grant or Subvention. If the requirements of this Chapter 12F would violate or are inconsistent with the terms or conditions of a grant, subvention, or agreement with a public agency or the instructions of an authorized representative of any such agency with respect to any such grant, subvention, or agreement, the requirements of this Chapter shall not be in effect. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026) (Former Sec. 12F.7 added by Ord. 107-89, App. 4/7/89; revised and incorporated into Sec. 12F.8 by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

If any section, subsection, sentence, clause, phrase, or word of this Chapter 12F, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Chapter. The Board of Supervisors hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)

(a) Operative Date. This Chapter 12F shall become operative on January 1, 2026 and shall have prospective effect only. (b) Sunset. Unless extended by ordinance, this Chapter 12F shall expire by operation of law on January 1, 2036. After the expiration, the City Attorney shall be authorized to cause this Chapter to be removed from the Administrative Code. (Added by Ord. 192-25, File No. 250192, App. 10/16/2025, Eff. 11/16/2025, Oper. 1/1/2026)