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Nothing in this Chapter shall be interpreted to interfere with, or prohibit existing labor agreements, nondiscrimination programs, workforce training programs and agreements, economically disadvantaged hiring and retention goals. This Chapter is to be implemented a manner that does not conflict with applicable federal or State laws.
Nothing in this Chapter shall be interpreted in a manner that would displace an employer's existing workers.
The FSHA may reach agreements with other governmental agencies that have similar programs in order to ensure that requirements imposed pursuant to this Chapter and by other governmental agency authority do not create an undue burden or conflicting obligations on employers, and to make the implementation of the purpose of this Chapter feasible where the City and other jurisdictions have joined together to procure goods, services or public works.
(Added by Ord. 264-98, App. 8/21/98)
Notwithstanding anything to the contrary in this Chapter, if a first source hiring agreement conflicts with an existing collective bargaining agreement to which an employer is a party, the collective bargaining agreement shall prevail. However, the employer will be obligated to provide workforce needs information to the San Francisco Workforce Development System and the employer will be obligated to make good faith efforts to comply with the requirements of its first source hiring agreement that do not conflict with the collective bargaining agreement.
(Added by Ord. 264-98, App. 8/21/98)
If any part or provision of this Chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.
(Added by Ord. 264-98, App. 8/21/98)
In undertaking the adoption and enforcement of this Chapter, the City and County of San Francisco is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its commissions, departments, officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 264-98, App. 8/21/98)
Phase I, as defined in Section 83.4 became operative on October 20, 1998. Phase II, as defined in Section 83.4 of this Chapter became operative on April 1, 2001, 24 (twenty-four) months after the FSHA adopted a resolution stating that Phase I had been implemented. This Chapter is intended to have prospective effect only, and shall not be interpreted to impair any rights under any existing City contract or property contract or permit.
(Added by Ord. 264-98, App. 8/21/98; amended by Ord. 228-03, File No. 031402, App. 9/22/2003; Ord. 250-04, File No. 041190, App. 10/14/2004; Ord. 76-06, File No. 060166, App. 4/20/2006; Ord. 214-08, File No. 080235, App. 9/19/2008; Ord. 32-09, File No. 081512, App. 3/9/2009; Ord. 47-14, File No. 140150, App. 4/18/2014, Eff. 5/18/2014)