§ 21C.11. PREVAILING RATE OF WAGES FOR SECURITY GUARD SERVICES IN CITY CONTRACTS AND FOR EVENTS ON CITY PROPERTY.

(a) Definitions. For purposes of this Section 21C.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, including fringe benefits or the matching equivalents thereof, paid in private employment for similar work in the area in which the Contract is being performed. All Contracts subject to this Section 21C.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 San Francisco Airport Commission or to be performed at any facility owned, leased, or otherwise under the jurisdiction of the San Francisco 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.

(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, including fringe benefits or the matching equivalents thereof, paid in private employment for similar work in the area in which the Contract, Lease, Franchise, Permit, or Agreement is being performed. All Contracts, Leases, Franchises, Permits, or Agreements subject to this Section 21C.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 this Code or under the circumstances set forth in Section 57.7 of this Code,

(D) In any circumstance where application of this Section 21C.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 fifteen persons.

(d) Preemption. Nothing in this Section 21C.11 shall be interpreted or applied so as to create any right, power, or duty in conflict with any federal or state law.

(e) Operative Date and Prospective Effect.

(1) This Section 21C.11 shall become operative upon the initial setting of a Prevailing Rate of Wages for Security Guard Services by the Board of Supervisors. 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.11. Thereafter, the Commission shall submit data as to the Prevailing Rate of Wages for Security Guard Services on or before the first Monday in November each year in accordance with Section 21C.7(c)(1).

(2) This Section 21C.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 21C.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 by Ord. , File No. 160891, App. 10/28/2016, Eff. 11/27/2016)

CODIFICATION NOTES

1. Ord. 211-16, Section 4, states: “as indicated in Administrative Code Section 21 C.11(e), Section 21 C.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.