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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 Broadcast Services 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.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 21C.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 take-down 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 this Code or under the circumstances set forth in Section 57.7 of this Code; provided, however, that if the film production involves Broadcast Services, the requirements of this Section 21C.9 shall apply to those persons engaged in Broadcast Services;
(4) In any circumstance where application of this Section 21C.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 public works projects;
(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;
(10) In any circumstance where application of this Section 21C.9 would apply to work covered by a collective bargaining agreement; or
(11) For any event sponsored by a primary or secondary educational institution.
(c) Preemption. Nothing in this Section 21C.9 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 Application.
(1) This Section 21C.9 shall become operative upon the initial setting of a Prevailing Rate of Wages for Broadcast Services 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 120 days after the effective date of this Section 21C.9. Thereafter, the Commission shall submit data as to the Prevailing Rate of Wages for Broadcast Services Work on or before the first Monday in November each year in accordance with Section 21C.7(c)(1).
(2) This Section 21C.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 21C.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 provision or provisions of this Section 21C.9 or any application thereof is held invalid, such invalidity shall not affect any other provisions or applications of the Section.
(Added by Ord. 10-16 , File No. 150874, App. 2/10/2016, Eff. 3/11/2016)