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(a) Local Hiring Plan for Large Projects. For Covered Projects estimated to cost more than $1,000,000, the Prime Contractor shall prepare and submit to the Awarding Department and OEWD for approval a local hiring plan for the project. The local hiring plan shall be a written plan for implementation of the requirements of this Policy, including an approximate time frame for hiring decisions of Subcontractors, a description of the hiring processes to be utilized by Subcontractors, an estimate of numbers of Targeted Workers needed from various referral sources, qualifications needed for such Targeted Workers, and a recruitment plan detailing an outreach strategy for candidates representative of local demographics. An Awarding Department shall not issue a Notice to Proceed (NTP) without receiving the local hiring plan. The Awarding Department may issue a NTP upon submittal of the plan, but in no case may any payment be made until such time as it has verified in writing that OEWD has approved the Prime Contractor’s local hiring plan.
(b) Referral Sources. Where a Contractor’s or Subcontractor’s preferred hiring or staffing procedures for a Covered Project do not enable that Contractor or Subcontractor to satisfy the Local Hiring Requirements of this Policy, the Contractor or Subcontractor shall use other procedures to identify and retain Targeted Workers. These procedures shall include requesting workers from CityBuild, San Francisco’s centralized referral program, and considering Targeted Workers who are referred by CityBuild within three business days of the request and who meet the qualifications described in the request. Such consideration shall include in-person interviews. Qualifications described in the request shall be limited to skills directly related to performance of job duties. When a Contractor or Subcontractor has taken these steps and a Local Resident or Disadvantaged Worker is not available, Contractor or Subcontractor may request a conditional waiver as described in subsection 82.5(b).
(c) Hiring Discretion. This Policy does not limit Contractors’ or Subcontractors’ ability to assess qualifications of prospective workers, and to make final hiring and retention decisions. No provision of this Policy shall be interpreted so as to require a Contractor or Subcontractor to employ a worker not qualified for the position in question, or to employ any particular worker.
(d) Subcontractor Compliance. Each Contractor and Subcontractor shall ensure that all Subcontractors agree to comply with applicable requirements of this Policy. All Subcontractors agree as a term of participation on a Covered Project that the City shall have third party beneficiary rights under all contracts under which Subcontractors are performing Project Work. Such third party beneficiary rights shall be limited to the right to enforce the requirements of this Policy directly against the Subcontractors. All Subcontractors on a Covered Project shall be responsible for complying with the recordkeeping and reporting requirements set forth in this Policy. Subcontractors with work in excess of the Threshold Amount shall be responsible for ensuring compliance with the Local Hiring Requirements set forth in Section 82.5 based on Project Work Hours performed under their Subcontracts, including Project Work Hours performed by lower tier Subcontractors with work less than the Threshold Amount.
(Added by Ord. 84-17, File No. 170004, App. 3/30/2017, Eff. 4/29/2017, Retro. 3/25/2017)
(Former Sec. 82.7 added by Ord. 148-99, File No. 990433, App. 6/2/99; repealed by Ord. 171-03. File No. 030422, App. 7/3/2003)