§ 10B.2. PAYMENT FOR SERVICES; REPORT.

(a) Except as provided in subsection (f), below, the Event Organizer shall pay to the Department such sums of money as may be necessary to pay for the additional services, including any dispatch services provided by the Department of Emergency Management. The payment shall include a component for Department services, computed based upon the rate paid or payable to those uniformed officers of the Department actually performing services at the time they are to perform such additional duties, and the cost of additional equipment and materials expended, together with an administrative overhead charge to cover the proportionate percentage of the Department's administrative costs that are attributable in the Department's reasonable discretion to the work performed pursuant to the request. The payment shall also include a component for any dispatch services provided by the Department of Emergency Management, which shall be computed by the Department of Emergency Management based on the rate paid or payable to the dispatch personnel actually performing services at the time they are to perform such additional duties.

No Event Organizer that contracts with the Department for additional services that are: 1) of the type normally provided by Police Officers on patrol in the designated area; and 2) to be provided at least four days per week, each week, for a period in excess of one year, shall be required to pay an administrative overhead charge, unless such additional services are provided in conjunction with a City permit or license, or are otherwise necessary to mitigate a negative impact created by the activity of the Event Organizer contracting for the additional services.

(b) The Department shall provide an estimate of the payment for such services, including an estimate from the Department of Emergency Management for any dispatch services, to the Event Organizer within a reasonable time prior to the date service is to be rendered. Upon request, the Department shall provide the estimate of the payment for such services to the Event Organizer within 30 days of receiving the request. The Event Organizer shall deposit the amount of estimated funds with the Department prior to the time that the Department renders the requested service. The Department may waive the deposit requirement if services are requested for 30 days or more, or if the Department reasonably believes that a waiver is justified.

(c) Within a reasonable time after the services are rendered, the Chief shall determine the amount of payment due. The amount due shall be based on actual services performed by the Department and any dispatch services by the Department of Emergency Management. If the deposit pursuant to subsection (b) is insufficient to cover the cost of police and dispatch services, the Chief shall notify the Event Organizer by United States mail to the address listed on the request for such services and that party shall have ten days to pay the balance. If the amount deposited exceeds the actual costs, the Chief shall authorize a refund of the excess to the applicant at the address shown on the application.

(d) The Department shall deposit with the Treasurer such sums as received in a special account designated public facilities overtime account; provided, however, that the amount for the Department representing administrative overhead shall be deposited to the general fund unappropriated balance of funds, and the amount for the Department of Emergency Management's dispatch services shall be transferred to the Department of Emergency Management.

(e) Within 60 days of the final date on which the services are rendered, the Department shall provide to the Event Organizer and the Entertainment Commission a written report setting forth the number of personnel detailed, their approximate locations and shifts during the event, the number and location of arrests, detentions, or citations conducted or issued by the detailed personnel at the event, and the difference if any between the estimate of the payment for the services provided under Section 10B.2(b) and the amount of payment due under Section 10B.2(c). The Entertainment Commission shall provide an annual report to the Board of Supervisors comprised of the data collected that calendar year.

(f) The Event Organizer shall indemnify, hold harmless and defend said City and County of San Francisco, the Department, the Department of Emergency Management, and all City and County officers, agents and employees, from and against all liability, judgments or claims for personal or bodily injuries, false arrest and false imprisonment caused by or purportedly caused by such personnel in the rendering of such services.

(g) The City shall not waive payment for additional police or dispatch services pursuant to this Chapter 10B except by ordinance of the Board of Supervisors.

(Amended by Ord. 494-85, App. 11/8/85; Ord. 388-88, App. 8/26/88; Ord. 10-00, File No. 992233, App. 2/9/2000; Ord. 158-02, File No. 021082, App. 7/12/2002; Ord. 276-03, File No. 031466, App. 12/12/2003; Ord. 211-04, File No. 040322, App. 8/25/2004; Ord. 280-05, File No. 051887, App. 12/16/2005; Ord. 69-10, File No. 100112, App. 4/8/2010; Ord. , File No. 151228, App. 3/11/2016, Eff. 4/10/2016)