§ 21C.10. PREVAILING RATE OF WAGES REQUIRED FOR LOADING, UNLOADING, AND DRIVING COMMERCIAL VEHICLES ON CITY PROPERTY.

(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, including fringe benefits or the matching equivalents thereof, paid in private employment for similar work in the area in which the loading or unloading is being performed, 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 21C.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 21C.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 21C.4(b) of this Code with regard to Shows, and in Section 21C.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 21C.4 of this Code.

“Special Event” shall have the meaning set forth in Section 21C.8 of this Code, and shall also include a Mass Participation Sports Event.

(c) Preemption. Nothing in this Section 21C.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 21C.10 and any other sections of this Chapter 21C, the other section(s) shall prevail.

(e) Operative Date and Application.

(1) This Section 21C.10 shall become operative upon the initial setting by the Board of Supervisors of a Prevailing Rate of Wages for loading, unloading, and driving of Commercial Vehicles on City property. This initial Prevailing Rate of Wages shall be set in accordance with the process established in Section 21C.7(c)(1), except the Civil Service Commission shall submit to the Board of Supervisors data as to the Prevailing Rate of Wages no later than 120 days after the effective date of this Section 21C.10. Thereafter, the Commission shall submit data as to the Prevailing Rate of Wages for loading, unloading, and driving of Commercial Vehicles on City property, on or before the first Monday in November each year in accordance with Section 21C.7(c)(1).

(2) This Section 21C.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 21C.4(b) of this Code for certain Shows and set forth in Section 21C.8(b) of this Code for certain Special Events, this Section 21C.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 21C.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 covered under a collective bargaining agreement;

(4) work that is performed by a City employee; or

(5) 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 provision or provisions of this Section 21C.10 or any application thereof is held invalid, such invalidity shall not affect any other provisions or applications of the Section.

(Added by Ord. , File No. 160199, App. 10/14/2016, Eff. 11/13/2016)

CODIFICATION NOTE

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