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(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, 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.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 21C.8, the following definitions shall apply:
"City" shall mean the City and County of San Francisco.
"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 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;
D. In any circumstance where application of this Section 21C.8 would be preempted by federal or state law;
E. 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.
F. Any Special Event where the Special Event itself takes five hours or less.
G. Any Special Event that requires the payment of prevailing wage rates applicable to public works projects.
H. 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, signage, drapery, 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.
"Prevailing Rate of Wages" shall mean that rate of compensation as determined in Section 21C.7.
"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 21C.8 shall be interpreted or applied so as to create any power or duty in conflict with any federal or State law.
(d) Operative Date and Application.
(1) This Section 21C.8 shall become operative upon the initial setting of a Prevailing Rate of Wages for Exhibit, Display, or Trade Show Work 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 the first week in August 2014. Thereafter, the Commission shall submit data as to the Prevailing Rate of Wages for Exhibit, Display, or Trade Show Work on or before the first Monday in November each year, including 2014, in accordance with Section 21C.7(c)(1).
(2) This Section 21C.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 provision or provisions of this Section 21C.8 or any application thereof is held invalid, such invalidity shall not affect any other provisions or applications of the Section.
(Added by Ord. 90-14, File No. 140383, App. 6/19/2014, Eff. 7/19/2014)