CITY AS THIRD PARTY BENEFICIARY.
SF Labor and Employment Code § 108.3
in effectSEC. 108.3. CITY AS THIRD PARTY BENEFICIARY.
Each applicable construction contract for a Covered Project shall:
(a) require compliance with the Local Hiring Policy, with reference to this Article 108;
(b) name the City as a third party beneficiary for the limited purpose of having the right to enforce the Local Hiring Policy, including the right to file charges and seek penalties against any Contractor or Subcontractor; and
(c) require the purchaser or tenant to reasonably cooperate with the City in any action or proceeding against a Contractor or Subcontractor that fails to comply with the requirements of this Article 108. A purchaser or tenant that requires compliance with this Section 108.3 in the construction contract for the Covered Project and reasonably cooperates with the City in any enforcement action shall not be in breach of the applicable sales contract or lease with the City due to a Contractor’s or Subcontractor’s failure to comply or to meet the mandatory participation levels. So long as the purchaser or tenant complies with the requirements of the previous sentence, any enforcement action by the City, through the Office of Economic and Workforce Development (“OEWD”) or otherwise, shall be directly against the Contractor or Subcontractor that failed to meet the mandatory participation levels. But nothing in this Section 108.3 shall limit the remedies available to a City department, as set forth in the applicable sales contract or lease, for a purchaser’s or tenant’s failure to require compliance with this Section in a construction contract for the Covered Project or to reasonably cooperate with the City in any enforcement action as set forth above.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
Source: City and County of San Francisco, Charter and Municipal Codes (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/san_francisco/latest/sf_laboremployment/0-0-0-7161Fetched: 11/1/2026