San Francisco County Municipal Code Art. 102 Miscellaneous Prevailing Wage

REQUIREMENTS* Sec. 102.1. Standard Provisions Governing the Prevailing Rate of Wages for Services Contracts. Sec. 102.2. Contracts for Janitorial Services; Non-Profit Organizations Exclusion. Sec. 102.3. Public Off-Street Parking Lots, Garages, or Storage Facilities for Automobiles. Sec. 102.4. Theatrical Workers. Sec. 102.5. Hauling of Solid Waste Generated by the City in the Course of City Operations. Sec. 102.6. Moving Services. Sec. 102.7. Motor Bus Service Contracts. Sec. 102.8. Trade Show and Special Event Work. Sec. 102.9. Broadcast Services Workers on City Property. Sec. 102.10. Loading, Unloading, and Driving Commercial Vehicles on City Property.

*Editor’s Note: Former Administrative Code Chapter 21C (“Miscellaneous Prevailing Wage Requirements”) was redesignated as Labor and Employment Code Article 102 by Ord. 221-23, File No. 230835, approved November 3, 2023, effective December 4, 2023, and operative January 4, 2024.

OF WAGES FOR SERVICES CONTRACTS. (a) Prevailing Wage Requirement. Every Covered Contract issued by the City must require that any Individual performing services thereunder be paid not less than the Prevailing Rate of Wages and must include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, Prevailing Wage requirements imposed by the applicable provisions of Article 103. (b) Definitions. For purposes of this Article 102, the following definitions shall apply to the terms used herein. “Individual” shall mean any person who performs work under a Covered Contract. “Person” shall mean any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ or hire individuals or enter into contracts. (c) Contracting Officers. Each bid or proposal for a Covered Contract shall include, on a form provided by the Contracting Officer, the following: (a) the basic hourly rate of wages to be paid by the Contractor and Subcontractor, if any, for each craft, classification, or type of work to be performed by employees under the Covered Contract; and (b) for each required fringe benefit, the hourly cost of each fringe benefit, or cash equivalent, the Contractor and Subcontractor, if any, intend to provide. In meeting the Prevailing Rate of Wages, no amount of fringe benefit credit shall be used to reduce the obligation to pay the basic hourly straight time or overtime wage rate. The Contracting Officer shall reject any bid or proposal that does not include payment of the Prevailing Rate of Wages as defined in this Section 102.1. (d) Requirement of Employer-Employee Relationship. (1) The City has an important proprietary interest in maintaining the stability of the workforce engaged by a Contractor for a Covered Contract by ensuring that individuals working pursuant to City contracts have the protections afforded by State and municipal laws governing employment. In order for the City to maintain the integrity of its contracting process, the City’s Prevailing Wage laws ensure contractors a level playing field on which to bid for contracts. When contractors are allowed to classify workers as independent owner operators, contractors can appear to pay the Prevailing Wage when in reality, after the owner operator’s operating costs are taken into account, the owner operator receives less than the Prevailing Wage for the owner operator’s labor. This outcome contradicts one of the goals of the Prevailing Wage law, which is to provide for fair competition among contractors, all of whom must pay workers, at a minimum, the same Prevailing Rate of Wages and benefits. The City’s proprietary interest is such that employment of Employees in an Employer-Employee relationship shall be required for all work done under any Covered Contract. (2) Every Covered Contract shall require the Contractor (and Subcontractors, if any) to perform said Covered Contract, with Individuals employed by said Contractor or Subcontractor in an Employer-Employee relationship as defined by California law. (3) No Covered Contract shall be awarded by the City to a Contractor and/or Subcontractor who proposes to perform the Covered Contract with self-employed persons or independent contractors. (4) If during the term of a Covered Contract, a Contractor (or Subcontractor engaged by said Contractor) engages any self-employed persons or independent contractors to perform the Contract for a period of three days or more, the Contractor or Subcontractor shall be subject to the enforcement remedies as set forth in Article 106, including termination of the Covered Contract or subcontract under Section 106.4, and penalties. (5) Contractors shall be fully responsible for the compliance of Subcontractors with this subsection (d). Contractors shall be jointly and severally liable for any penalties assessed against their Subcontractor in the event that the Subcontractor is unable or unwilling to pay a penalty.

(e) Preemption. Nothing in this Section 102.1 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (f) No Cause of Action Against City. This Section 102.1 is not intended to create a private right of action against the City. (g) Prospective Application. This Section 102.1 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract entered into by the City. This Section shall only apply to Contracts entered into on or after the effective date of this Section. (h) Severability. If any part or provision of this Section 102.1 , or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.7 by Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; amended by Ord. 90-14, File No. 140383, App. 6/19/2014, Eff. 7/19/2014; Ord. 10-16, File No. 150874, App. 2/10/2016, Eff. 3/11/2016; Ord. 187-16, File No. 160199, App. 10/14/2016, Eff. 11/13/2016; Ord. 211-16, File. No. 160891, App. 10/28/2016, Eff. 11/27/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

ORGANIZATIONS EXCLUSION. (a) Prevailing Wage Requirement. Every Contract issued by the City for Janitorial Services to be performed at any facility owned or leased by the City, where such work is to be done directly under the Contract awarded (a “Prime Contract”) must require that any Individual performing Janitorial Services thereunder be paid not less than the Prevailing Rate of Wages as determined in accordance with Section 103.2. This Section 102.2 does not extend to contracts beyond those entered into by the City specifically for Janitorial Services on property owned or leased by the City. (b) Definitions. For purposes of this Section 102.2, the following definitions shall apply to the terms used herein: “Contract” shall mean an agreement for Janitorial Services to be performed at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control or collected by the City. “Janitorial Services” shall mean maintenance and cleaning services on property owned or leased by the City. (c) Exclusions. This Section 102.2 shall not apply to: (1) a Contract for Janitorial Services with a non-profit organization to provide work experience for persons with disabilities:1 (2) a Contract for the sale of goods; (3) a contract issued by the Airport Commission or to be performed at any facility owned, leased or otherwise under the jurisdiction of the Airport Commission, agreements entered into before the effective date of this Section; or (4) contracts for a cumulative amount of $10,000 or less per janitorial service provider in each fiscal year. (d) Preemption. Nothing in this Section 102.2 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (e) Prospective Effect. This Section 102.2 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing agreement to which the City is a party, unless such pre-existing agreement has been amended after the effective date of this Section. (f) Severability. If any part or provision of this Section 102.2, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.2 by Ord. 222-99, File No. 990877, App. 8/6/99; amended by Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; 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.

FACILITIES FOR AUTOMOBILES. (a) Prevailing Wage Requirement. Every Lease, Management Agreement, or Other Contractual Arrangement for the operation of a Public Off-Street Parking Lot, Garage, or Automobile Storage acility1 on property owned or leased by the City must require that any Individual working in such Public Off-Street Parking Lot, Garage, or Automobile Storage acility1, including but not limited to Individuals engaged in washing, polishing, lubrication, rent-car service, parking vehicles, cashiers, attendants, checking coin boxes, non-attendant parking lot checking, daily ticket audit, traffic directors and shuttle drivers, shall be paid not less than the Prevailing Rate of Wages, as determined by the Board of Supervisors.

(b) Definitions. For purposes of this Section 102.3, the following definitions shall apply to the terms used herein: “Lease, Management Agreement, or Other Contractual Arrangement” shall mean an agreement with the City for the operation of a Public Off- Street Parking Lot, Garage, or Automobile Storage Facility on property owned or leased by the City. “Public Off-Street Parking Lot, Garage, or Automobile Storage Facility” shall mean any off-street parking lot, garage, or automobile storage facility that is operated on property owned or leased by the City. (c) Preemption. Nothing in this Section 102.3 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (d) Prospective Effect. This Section 102.3 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Lease, Management Agreement, or Other Contractual Arrangement to which the City is a party, unless such pre-existing Lease, Management Agreement, or Other Contractual Arrangement has been amended after the effective date of this Section. (e) Public Entities with Coterminous Boundaries with the City. It is the policy of the City that all public entities with coterminous boundaries with the City, including but not limited to the Parking Authority of the City, adopt this Prevailing Wage and employee transition period policy. The Board of Supervisors of the City urges all public entities with coterminous boundaries with the City, including but not limited to the Parking Authority, to adopt this Prevailing Wage and employee transition period policy. (f) Severability. If any part or provision of this Section 102.3, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.3 by Ord. 3-03, File No. 021504, App. 1/24/2003; amended by Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; Ord. 75-14, File No. 140226, App. 5/28/2014, Eff. 6/27/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; 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.

(a) Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that any Individual engaged in theatrical or technical services related to the presentation of a show, including, but not limited to, workers engaged in rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services be paid not less than the Prevailing Rate of Wages. All Contracts, Leases, Franchises, Permits or Agreements subject to this Section 102.4 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (b) Definitions. For purposes of this Section 102.4, the following definitions shall apply to the terms used herein: “Contract, Lease, Franchise, Permit, or Agreement” shall mean an agreement with the City for the use of property owned by the City, but shall not include any contract, lease, franchise, permit, or agreement for any of the following: (1) Celebration of a marriage, domestic partnership, or similar civil union; (2) The presentation of a Show to which the public has free access when the Show is in a public park, on a public street, or on property under the jurisdiction of the Port Commission; (3) Any permit or agreement to engage in film production pursuant to Chapter 57 of the Administrative Code or under the circumstances set forth in Section 57.7 of the Administrative Code; (4) Any Show on property under the jurisdiction of the Arts Commission; (5) In any circumstance where application of this Section 102.4 would be preempted by federal or State law; or (6) Any Show for which the time required for the set-up is three hours or less and the number of Individuals working on the set-up is no more than two. “Show” shall mean any live act, play, review, pantomime, scene, music, song, dance act, song and dance act, or poetry recitation provided in front of a live audience or recorded for the purpose of later presentation, but shall not include an event where a person solely plays pre-recorded music or pre-recorded performances so long as no other live performance is provided. (c) Preemption. Nothing in this Section 102.4 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (d) Prospective Effect. This Section 102.4 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement issued or entered into by the City. (e) Applicability to Existing Contracts, Leases, Franchises, Permits, or Agreements. This Section 102.4 shall only apply to Contracts, Leases, Franchises, Permits, or Agreements entered into on or after the effective date of this Section. (f) Severability. If any part or provision of this Section 102.4, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.4 by Ord. 76-04, File No. 021505, App. 5/6/2004; amended by Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff.

1/19/2025, Oper. 2/19/2025)

COURSE OF CITY OPERATIONS. (a) Prevailing Wage Requirement. Every Contract awarded by the City for the Hauling of Solid Waste generated by the City in the course of City operations must require that any Individual engaged in the Hauling of Solid Waste be paid not less than the Prevailing Rate of Wages. (b) Definitions. For purposes of this Section 102.5, the following definitions shall apply to the terms used herein. “Contract” shall mean an agreement with the City for the Hauling of Solid Waste, generated by the City in the course of City operations, to be performed at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control or collected by the City. For purposes of this Section 102.5, “Contract” shall not include: (1) a permit issued under the Refuse Collection and Disposal Ordinance, Appendix 1 of the Administrative Code, or; (2) a contract governed by the provisions of Chapter 6 of the Administrative Code. Should the Administrative Code be amended to change the permit process contained in Appendix 1 to a franchise process, or any other process for authorizing refuse collection and disposal within the City, it shall be City policy to require refuse companies to pay the Prevailing Wage to any Individual engaged in the hauling of refuse, recyclables, compostables, and solid waste within the City. “Hauling” of solid waste shall mean collection and transport of solid waste generated by the City in the course of City operations. For purposes of this Section 102.5, “Hauling” shall not include “solid waste disposal” or “disposal” as defined in Section 40192 of the California Public Resources Code. “Solid Waste” shall mean “solid waste” as defined in Section 40191 of the California Public Resources Code and includes material collected for “recycling” as defined in Section 40180 of the California Public Resources Code. (c) Preemption. Nothing in this Section 102.5 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (d) Prospective Application. This Section 102.5 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract entered into by the City. This Section shall only apply to Contracts entered into on or after the effective date of this Section. (e) Severability. If any part or provision of this Section 102.5, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.5 by Ord. 299-06, File No. 061468, App. 12/12/2006; amended by Ord. 5-07, File No. 061584, App. 1/19/2007; Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296- 24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

(a) Prevailing Wage Requirement. Every Contract issued by the City for Moving Services to be performed at any facility owned or leased by the City, where such work is to be done directly under the Contract awarded (a “prime contract”) must require that any Individual performing Moving Services thereunder be paid not less than the Prevailing Rate of Wages. (b) Exclusions. This Section 102.6 shall not apply to the following: (1) Non-profits. This Section shall not apply to a Contract where the Moving Services are to be performed by a non-profit organization that provides job training and work experience for disadvantaged Individuals in need of such training. (2) Prior Agreements. This Section shall not apply to agreements entered into before the effective date of this Section. (3) Contracts for $1000 or Less. This Section shall not apply to contracts for $1000 or less per moving service provider. Contracts may not be split for purposes of evading the requirements of this Section. (4) Modular Furniture Installers “Carpenters.” This Section shall not apply to any work covered by the California Department of Industrial Relations’ Modular Furniture Installers (Carpenters) Classification. (c) Definitions. For purposes of this Section 102.6, the following definitions shall apply to the terms used herein: “Contract” shall mean an agreement for Moving Services to be performed at the expense of the City or to be paid out of moneys deposited in the treasury or out of trust moneys under the control or collected by the City. “Moving Services” shall mean moving or handling of goods being relocated under a contract for commercial moving services to relocate City offices, facilities, and/or institutions. “Non-profit” shall mean a non-profit corporation, duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation and (if a foreign corporation) in good standing under the laws of the State of California, which corporation has established and maintains a valid non-profit status under Section 501(c)(3) of the United States Internal Revenue Code of 1986, as amended, and all rules and regulations promulgated under such Section. (d) Preemption. Nothing in this Section 102.6 shall be interpreted or applied so as to create any power or duty in conflict with any federal or

State law. (e) Prospective Effect. This Section 102.6 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing agreement to which the City is a party, unless such pre-existing agreement has been amended after the effective date of this Section. (f) Severability. If any part or provision of this Section 102.6, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.6 by Ord. 169-04, File No. 040540, App. 7/22/2004; amended by Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 12-12, File No. 111190, App. 2/2/2012, Eff. 3/3/2012; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

Every contract for Services wherein motor bus service is to be rendered to the general public on any facility owned by the City, and every contract for the transportation within the boundaries of the City of any Commodities owned or in the possession of the City, shall require that any person performing labor thereunder shall be paid not less than the highest general Prevailing Rate of Wages, as determined in accordance with Section 103.2 of the Labor and Employment Code; provided, however, if such a provision is to be included in the contract, the notice inviting offers under Section 21.2 of the Administrative Code must call attention of Offerors, as defined in Section 21.02 of the Administrative Code, to the requirements of said provision. (Added as Administrative Code Sec. 21C.1 by Ord. 156-99, File No. 990743, App. 6/2/99; amended by Ord. 9-11, File No. 101007, App. 1/7/2011; Ord. 220-20, File No. 200949, App. 11/6/2020, Eff. 12/7/2020; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

(a) Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that any Individual engaged in Exhibit, Display, or Trade Show Work at a Special Event be paid not less than the Prevailing Rate of Wages. All Contracts, Leases, Franchises, Permits or Agreements subject to this Section 102.8 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (b) Definitions. For purposes of this Section 102.8, the following definitions shall apply: “Contract, Lease, Franchise, Permit, or Agreement” shall mean an agreement with the City for the use of property owned by the City, but shall not include any contract, lease, franchise, permit, or agreement for: (1) Celebration of a marriage, domestic partnership, or similar civil union; (2) The presentation of a Special Event to which the public has free access when the Special Event is in a public park, on a public street, or on property under the jurisdiction of the Port Commission, and the advertising and promotion for the Special Event is less than $10,000; (3) In any circumstance where application of this Section 102.8 would be preempted by federal or State law; (4) Any Special Event for which the time required for the set-up is three hours or less and the number of Individuals working on the set-up is no more than two; (5) Any Special Event where the Special Event itself takes five hours or less.;1 (6) Any Special Event that requires the payment of the Prevailing Rates of Wages applicable to a Covered Local Project or a Covered State Project;.1 (7) A street fair organized by and for which a permit has been issued to a nonprofit entity, where the street fair is free and open to the public and does not have as a primary purpose the advertising or promotion of a product or service. “Convention” shall mean an organized association of persons with a common interest, including but not limited to a professional, commercial, political, social, cultural, vocational, recreational, or fraternal interest, who meet in a hotel, convention center, or other building to discuss or act on matters affecting their common interest or to participate in activities related to their common interest. Attendees at a “Convention” come mainly from places other than San Francisco. “Exhibit, Display, or Trade Show Work” shall mean the on-site installation, set-up, assembly, and dismantling of temporary exhibits, displays, booths, modular systems, enclosures, tenting, signage, drapery, furniture (including specialty furniture), floor coverings, or decorative materials in connection with or related to a Special Event. “Exposition” shall mean a large-scale public exhibition with a primary though not necessarily exclusive purpose of promoting one or more products, services, or businesses. “On-site” shall mean the site of the Special Event, which may occur in enclosed space or open space or both. If the primary site of the Special Event is enclosed space, “On-site” shall include open space within 150 feet of the enclosed space that is the primary site of the Special Event. “On-site” shall also include public rights of way, including but not limited to a street or sidewalk, as to which a City permit, including but not

limited to an ISCOTT (“Interdepartmental Staff Committee on Traffic and Transportation”) permit, has been issued in connection with the Special Event. “Special Event” shall mean any Trade Show, Convention, Exposition, or other Temporary Event with the characteristics of a Trade Show, Convention, or Exposition, that involves Exhibit, Display, or Trade Show Work. “Temporary Event” shall mean an event lasting no more than six months. “Trade Show” shall mean a gathering in which one or more businesses or association of businesses in one or more industries or professions show their products or services to possible customers or patrons. A “Trade Show” may include but is not limited to a gathering in which there are exhibits, displays, or demonstrations of specific products or services or that highlight all or part of an industry or profession. (c) Preemption. Nothing in this Section 102.8 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law. (d) Prospective Effect. This Section 102.8 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement issued or entered into by the City. This Section shall only apply to Contracts, Leases, Franchises, Permits, or Agreements entered into on or after the operative date of this Section. (e) Severability. If any part or provision of this Section 102.8, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.8 by Ord. 90-14, File No. 140383, App. 6/19/2014, Eff. 7/19/2014; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; 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.

(a) Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that any Individual engaged in Broadcast Services on City property be paid not less than the Prevailing Rate of Wages. All Contracts, Leases, Franchises, Permits, or Agreements subject to this Section 102.9 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (b) Definitions. For purposes of this Section 102.9, the following definitions shall apply to the terms used herein: “Broadcast Services” shall mean the electronic capture and/or live transmission on-site of video, digital, and/or audio content for Commercial Purposes through the use of a remote production or satellite truck on-site. An Individual engaged in Broadcast Services includes, but is not limited to, a technical director, video controller, assistant director, and stage manager, as well as Individuals engaged in the following functions: audio; camera; capture and playback; graphics; and utility. “Commercial Purposes” shall mean an operation for profit and shall not include instances where the capture and transmission of video, digital, and/or audio content is performed by or on behalf of a governmental entity. “Contract, Lease, Franchise, Permit, or Agreement” shall mean an agreement with the City for the use of property owned by the City, but shall not include any contract, lease, franchise, permit, or agreement: (1) For any event where the total number of hours of Broadcast Services work being performed for the set-up, the event itself, and the takedown is less than ten hours in the aggregate; (2) For celebration of a marriage, domestic partnership, or similar civil union, except where the capture of video, digital and/or audio content of the celebration is for a Commercial Purpose; (3) To engage in film production pursuant to Chapter 57 of the Administrative Code or under the circumstances set forth in Section 57.7 of the Administrative Code; provided, however, that if the film production involves Broadcast Services, the requirements of this Section 102.9 shall apply to those persons engaged in Broadcast Services; (4) In any circumstance where application of this Section 102.9 would be preempted by federal or State law; (5) For a street fair, block party, parade, or festival, or any celebration directly associated with such street fair, block party, parade, or festival, or any other expressive activity such as a protest, demonstration, or similar public assembly, that is free and open to the public and does not have as a primary purpose the advertising or promotion of a commercial product or commercial service; (6) For any event that requires the payment of Prevailing Wage rates applicable to a Covered Local Project or a Covered State Project; (7) In any circumstances where video and/or audio content is being captured solely for personal use; (8) For a concert in a public park to which the public has free access; (9) For any event sponsored by a nonprofit entity where the primary purpose of the event is fundraising for that nonprofit entity and/or other nonprofit entities; provided, however, that this exemption shall not apply if the event is a collegiate sporting event or a professional sporting event. For purposes of this subsection (b)(9), “professional sporting event” means an event at which athletes receive compensation for their performance; or (10) For any event sponsored by a primary or secondary educational institution.

(c) Preemption. Nothing in this Section 102.9 shall be interpreted or applied so as to create any right, power, or duty in conflict with any federal or State law. (d) Conflict with Other Sections. In the event of a conflict between this Section 102.9 and any other section of this Article 102, the other section shall prevail. (e) Prospective Effect. This Section 102.9 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement issued or entered into by the City. This Section shall only apply to Contracts, Leases, Franchises, Permits, or Agreements issued or entered into on or after the operative date of this Section. (f) Exemption. This Section 102.9 shall not apply to Broadcast Services being performed by a news service or similar entity engaged in on-the- spot broadcasting of news events that does not require a Contract, Lease, Franchise, Permit, or Agreement. (g) Severability. If any part or provision of this Section 102.9, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.9 by Ord. 10-16, File No. 150874, App. 2/10/2016, Eff. 3/11/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

VEHICLES ON CITY PROPERTY. 1 (a) Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that (1) any Individual engaged in loading or unloading on City property of materials, goods, or products into or from a Commercial Vehicle in connection with the presentation of a Show or for a Special Event be paid not less than the Prevailing Rate of Wages and (2) any Individual driving a Commercial Vehicle from which materials, goods, or products are loaded or unloaded on City property in connection with the presentation of a Show or for a Special Event shall be paid not less than the Prevailing Rate of Wages for hours driven within the City limits. All Contracts, Leases, Franchises, Permits, or Agreements subject to this Section 102.10 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (b) Definitions. For purposes of this Section 102.10, the following definitions shall apply to the terms used herein: “Commercial Vehicle” shall mean a vehicle that (1) is used or maintained primarily for the transportation of materials, goods, or products; (2) has six wheels or more; and (3) displays or is required to display a California Department of Motor Vehicles weight decal as required by the Commercial Vehicle Registration Act, California Vehicle Code Section 9400 et seq., as amended. Notwithstanding the foregoing sentence, Commercial Vehicle shall not include a vehicle used exclusively for food catering purposes, meaning its exclusive purpose on a particular trip is for the transport of food and/or beverages to be served at a Show or Special Event, the transport of equipment for the preparation and service of such food and/or beverages at a Show or Special Event, or both. “Contract, Lease, Franchise, Permit, or Agreement” shall have the meanings set forth in Section 102.4(b) of this Code with regard to Shows, and in Section 102.8(b) of this Code with regard to Special Events, including the exemptions stated therein. “Mass Participation Sports Event” shall mean a participatory sporting event such as a marathon, running race, or bicycle race or tour with anticipated participation by 150 participants or more. “Show” shall have the meaning set forth in Section 102.4(b) of this Code. “Special Event” shall have the meaning set forth in Section 102.8(b) of this Code, and shall also include a Mass Participation Sports Event. (c) Preemption. Nothing in this Section 102.10 shall be interpreted or applied so as to create any right, power, or duty in conflict with any federal or State law. (d) Conflict with Other Sections. In the event of a conflict between this Section 102.10 and any other sections of this Article 102, the other section(s) shall prevail. (e) Prospective Effect. This Section 102.10 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement issued or entered into by the City. This Section shall only apply to Contracts, Leases, Franchises, Permits, or Agreements entered into on or after the operative date of this Section. (f) Exemptions. In addition to the exemptions set forth in Section 102.4(b) of this Code for certain Shows and set forth in Section 102.8(b) of this Code for certain Special Events, this Section 102.10 shall not apply to the following: (1) any Individual engaged in the loading or unloading of portable toilets, temporary fencing, temporary barricades, or temporary tents or canopies of less than 700 square feet when erected, or any Individual driving a Commercial Vehicle from which portable toilets, temporary fencing, temporary barricades, or temporary tents or canopies of less than 700 square feet when erected, are loaded or unloaded; (2) individual vendors at a flea market or farmers market conducted on City property; provided, however, that this Section shall apply to loading, unloading, or driving of Commercial Vehicles for such events if these events would otherwise be covered by this Section 102.10 and the loading, unloading or driving is performed by the operator or management of the flea market or farmers market; (3) work that is performed by a City employee; or 2 a Mass Participation Sports Event that is sponsored by a non-profit entity where the primary purpose of the Event is fundraising for that non-profit entity and/or other non-profit entities.

(g) Severability. If any part or provision of this Section 102.10, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.10 by Ord. 187-16, File No. 160199, App. 10/14/2016, Eff. 11/13/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025) CODIFICATION NOTES

1. Ord. 187-16, Section 2, states: “as indicated in Administrative Code Section 21C.10(e) (now in Labor and Employment Code Section 102.10(e)), Section 21C.10 (now at Section 102.10) shall become operative only upon the initial setting of a Prevailing Rate of Wages for the categories of work covered by that section.”
2. So in Ord. 296-24.

EVENTS ON CITY PROPERTY. 1 (a) Definitions. For purposes of this Section 102.11, the following definitions shall apply: “Event” means any organized gathering of people, including but not limited to a live performance, dance, convention, conference, parade, or exposition on City property. “Security Guard Services” means services to protect persons or property or prevent theft, performed by nonsupervisory employees who are licensed by the California Bureau of Security and Investigative Services (BSIS) or a successor agency to provide security guard or proprietary security guard service, including but not limited to men and women serving as security guards, watchmen, patrolmen, and security officers. (b) City Contracts. (1) Prevailing Wage Requirement. Every Contract issued by the City must require that any individual performing Security Guard Services thereunder at any facility or on any property owned or leased by the City be paid not less than the Prevailing Rate of Wages. All Contracts subject to this Section 102.11 shall include a provision in which the Contractor agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (2) Exclusions. For purposes of this subsection (b), “Contract” shall mean an agreement to be performed at the expense of the City or to be paid out of moneys deposited in the City treasury or out of trust moneys under the control of or collected by the City, but shall not include the following: (A) Contracts issued by the Airport Commission or to be performed at any facility owned, leased, or otherwise under the jurisdiction of the Airport Commission. (B) Contracts for a cumulative amount of $10,000 or less per Security Guard Services provider in each fiscal year. Contracts may not be split for purposes of evading the requirements of this Section 102.11. (c) Events on City Property. (1) Prevailing Wage Requirement. Every Contract, Lease, Franchise, Permit, or Agreement awarded, let, issued, or granted by the City for the use of property owned by the City must require that any Individual engaged in Security Guard Services for an Event on City property be paid not less than the Prevailing Rate of Wages. All Contracts, Leases, Franchises, Permits, or Agreements subject to this Section 102.11 shall include a provision in which the Contractor (including a lessee, franchisee, permittee, or other party to an Agreement) agrees to comply with, and to require Subcontractors to comply with, the obligations imposed by this Section. (2) Exclusions. For purposes of this subsection (c), “Contract, Lease, Franchise, Permit, or Agreement” shall mean an agreement with the City for the use of property owned by the City, but shall not include any contract, lease, franchise, permit, or agreement for: (A) Celebration of a marriage, domestic partnership, or similar civil union; (B) The presentation of an Event to which the public has free access when the Event is in a public park, on a public street, or on property under the jurisdiction of the Port Commission, and the advertising and promotion for the Event is less than $10,000; (C) Any permit or agreement to engage in film production pursuant to Chapter 57 of the Administrative Code or under the circumstances set forth in Section 57.7 of the Administrative Code, (D) In any circumstance where application of this Section 102.11 would be preempted by federal or State law; or (E) Any Event for which the total number of employees providing Security Guard Services for the Event is less than 15 persons. (d) Preemption. Nothing in this Section 102.11 shall be interpreted or applied so as to create any right, power, or duty in conflict with any federal or State law. (e) Prospective Effect. This Section 102.11 is intended to have prospective effect only, and shall not be interpreted to impair the obligations of any pre-existing Contract, Lease, Franchise, Permit, or Agreement”2 issued or entered into by the City, unless such pre-existing agreement is amended after the effective date of this Section and such amendment extends the term of the pre-existing agreement. (f) Severability. If any part or provision of this Section 102.11, or the application thereof to any Person or circumstance, is held invalid, the remainder of this Section, 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 Section are severable. (Added as Administrative Code Sec. 21C.11 by Ord. 211-16, File No. 160891, App. 10/28/2016, Eff. 11/27/2016; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024; amended by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)

CODIFICATION NOTES

1. Ord. 211-16, Section 4, states: “as indicated in Administrative Code Section 21 C.11(e) (now in Labor and Employment Code Section 102.11(e)), Section 21 C.11 (now at Section 102.11) shall become operative only upon the initial setting by the Board of Supervisors of a Prevailing Rate of Wages for the categories of work covered by that section.”
2. So in Ord. 211-16.