Common use of First Source Hiring Clause in Contracts

First Source Hiring. The City has adopted a First Source Hiring Ordinance (San Francisco Administrative Code §83.1 et. seq.) which establishes specific requirements, procedures and monitoring for first source hiring of qualified economically disadvantaged individuals for entry-level positions. Pursuant to §83.7(b) of the First Source Hiring Ordinance, the Port Commission has adopted a First Source Hiring Implementation and Monitoring Plan (“Port Plan”) subject to approval by the First Source Hiring Administration. Management Contractor acknowledges receiving and reviewing the First Source Hiring Ordinance. Under Section 83.9(d) of the first Source Hiring Ordinance, compliance by an employer with the Port Plan is deemed to be compliance with the provisions of the First Source Hiring Ordinance. Based on the foregoing Management Contractor agrees to comply with the Port Plan through compliance with all of the following measures: (a) Management Contractor shall notify the City and County of San Francisco’s Workforce Development System, Department of Human Services of all projected Entry Level Positions and the approximate date such positions will be available, by using the Job Survey Form provided by the Port of San Francisco. The Port will also provide the Management Contractor with a detailed instruction sheet summarizing the procedure for the commencement of the lease. Management Contractor shall return the Job Survey Form to the Port within 30 days after execution of the lease by the Port and Management Contractor. (b) For purposes of this Agreement the terms “Entry Level Position”, “San Francisco Workforce Development System”, “Qualified Economically Disadvantaged (c) Management Contractor shall notify the San Francisco Workforce Development System of all vacancies for existing or new Entry Level Positions on the premise, during the lease term, and shall offer the San Francisco Workforce Development System the first opportunity to provide Qualified Economically Disadvantaged Individuals for employment in these positions. (d) Management Contractor shall not publicize or otherwise post such vacancies until the San Francisco Workforce Development System refers Qualified Economically disadvantaged Individuals for employment in these positions or notifies Management Contractor that no Qualified Economically Disadvantaged Individuals are available for the particular vacancies. The San Francisco Workforce Development System shall respond to Management Contractor within ten (10) business days. After 10 business days, if the San Francisco Workforce Development System does not refer applicants, Management Contractor can advertise and fill Entry Level Positions outside of the City referral system. (e) Management Contractor shall interview qualified applicants and use good faith in hiring applicants. Management Contractor shall maintain good records of recruitment and hiring process, and shall permit Port or City to audit such records upon request. (f) Pursuant to Section 83.10 of the Ordinance, if upon administrative review, it is determined that Entry Level positions were not made available to the San Francisco Workforce Development system for referral of Qualified Economically Disadvantaged Individuals, and the Employer does not remedy the violations, the Employer shall be assessed a penalty in the amount of $2,070 for every new hire for an Entry Level Position improperly withheld from the First Source Hiring process.

First Source Hiring. The City has adopted a First Source Hiring Ordinance (San Francisco Administrative Code §83.1 et. seq.) which establishes specific requirements, procedures and monitoring for first source hiring of qualified economically disadvantaged individuals for entry-level positions. Pursuant to §83.7(b) of the First Source Hiring Ordinance, the Port Commission has adopted a First Source Hiring Implementation and Monitoring Plan (“Port Plan”) subject to approval by the First Source Hiring Administration. Management Contractor Permittee acknowledges receiving and reviewing the First Source Hiring Ordinance. Under Section 83.9(d) of the first Source Hiring Ordinance, compliance by an employer with the Port Plan is deemed to be compliance with the provisions of the First Source Hiring Ordinance. Based on the foregoing Management Contractor Permittee agrees to comply with the Port Plan through compliance with all of the following measures: (ai) Management Contractor Permittee shall notify the City and County of San Francisco’s Workforce Development System, Department of Human Services of all projected Entry Level Positions and the approximate date such positions will be available, by using the Job Survey Form provided by the Port of San Francisco. The Port will also provide the Management Contractor Permittee with a detailed instruction sheet summarizing the procedure for the commencement of the leasePermit. Management Contractor Permittee shall return the Job Survey Form to the Port within 30 days after execution of the lease Permit by the Port and Management ContractorPermittee. (bii) For purposes of this Agreement the terms “Entry Level Position”, “San Francisco Workforce Development System”, “Qualified Economically Disadvantaged (c) Management Contractor Disadvantaged Individual”, and “First Source Hiring Agreement” shall notify have the meaning provided in Section 83.4 of the San Francisco Workforce Development System of all vacancies for existing or new Entry Level Positions on the premise, during the lease term, and shall offer the San Francisco Workforce Development System the first opportunity to provide Qualified Economically Disadvantaged Individuals for employment in these positionsAdministrative Code. (d) Management Contractor shall not publicize or otherwise post such vacancies until the San Francisco Workforce Development System refers Qualified Economically disadvantaged Individuals for employment in these positions or notifies Management Contractor that no Qualified Economically Disadvantaged Individuals are available for the particular vacancies. The San Francisco Workforce Development System shall respond to Management Contractor within ten (10) business days. After 10 business days, if the San Francisco Workforce Development System does not refer applicants, Management Contractor can advertise and fill Entry Level Positions outside of the City referral system. (e) Management Contractor shall interview qualified applicants and use good faith in hiring applicants. Management Contractor shall maintain good records of recruitment and hiring process, and shall permit Port or City to audit such records upon request. (f) Pursuant to Section 83.10 of the Ordinance, if upon administrative review, it is determined that Entry Level positions were not made available to the San Francisco Workforce Development system for referral of Qualified Economically Disadvantaged Individuals, and the Employer does not remedy the violations, the Employer shall be assessed a penalty in the amount of $2,070 for every new hire for an Entry Level Position improperly withheld from the First Source Hiring process.