San Francisco County Municipal Code Art. VII Prevailing Wage, Apprenticeship, and

LOCAL HIRE REQUIREMENTS IN CITY REAL PROPERTY SALES CONTRACTS AND LEASES

Sec. 23.60. Compliance with the Labor and Employment Code. Sec. 23.61. Application. Sec. 23.62. No Cause of Action Against the City. Sec. 23.63. Preemption. Sec. 23.64. Severability.

When the City sells real property for Housing Development or leases real property as a landlord or as a tenant, and the real property in each of these types of transactions is located within the jurisdictional boundaries of the City, the City, in the applicable sales contract or lease and all contracts for a Covered Real Estate Project thereunder, shall require compliance with the Prevailing Wage, apprenticeship, and local hiring requirements as set forth in Articles 101 through 108 of the Labor and Employment Code, as applicable this Article VII.1 (Added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025) CODIFICATION NOTE

1. So in Ord. 296-24.

The requirements of this Article VII are intended to have prospective effect only, and shall not be interpreted to impair the obligations of any existing sales contract, lease, or amendment thereto entered into by the City before the operative date of this Article VII. Where the Covered Construction or Covered Project involves Housing Development on real property sold by the City, the requirements of this Article VII shall terminate upon issuance of a final certificate of occupancy for the Covered Construction or Covered Project. (Added as Sec. 23.63 by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025) (Former Sec. 23.61 added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; repealed by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

In no event shall any person or entity have the right to bring an action against the City based on any alleged failure to enforce or negligent enforcement of the requirements of this Article VII. (Added as Sec. 23.64 by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025) (Former Sec. 23.62 added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; amended by Ord. 84-17, File No. 170004, App. 3/30/2107, Eff. 4/29/2017, Retro. 3/25/2017; repealed by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

In contracts that involve the use of any funds furnished, given, or loaned by the Government of the United States or the State of California, all laws, rules and regulations of the Government of the United States or the State of California or of any federal or State departments relative to the performance of such work and the conditions under which the work is to be performed, shall prevail over the requirements of this Article VII when such laws, rules or regulations are in conflict. (Added as Sec. 23.65 by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025) (Former Sec. 23.63 added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated as Sec. 23.61 by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

If any part or provision of this Article VII, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provisions 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 Article are severable.

(Added as Sec. 23.66 by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025) (Former Sec. 23.64 added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated as Sec. 23.62 by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

(Added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated as Sec. 23.63 by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

(Added by Ord. 224-15, File No. 150817, App. 12/22/2015, Eff. 1/21/2016, Oper. 4/20/2016; redesignated as Sec. 23.64 by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)