The following definitions shall apply throughout this Article 71:
“Agency” means the Office of Labor Standards Enforcement or any successor department or office.
“Awarding authority” means any person that awards or otherwise enters into contracts for security, janitorial, or building maintenance services performed within the City, except that the City is not an “awarding authority” under this Article with respect to City contracts for janitorial services as defined in Labor and Employment Code Section 102.2 or City contracts for security guard services as defined in Labor and Employment Code Section 102.11, because the worker retention requirements for those City contracts are governed by Section 102.1 of the Labor and Employment Code.
“City” means the City and County of San Francisco.
“Contractor” means any person that enters into a service contract with the awarding authority and who employs 25 or more persons.
“Employee” means any person employed as a service employee of a contractor or subcontractor who works at least 15 hours per week and whose primary place of employment is in the City under a contract to provide security services, janitorial services, or building maintenance services for the awarding authority. “Employee” does not include a person who is (1) a managerial, supervisory, or confidential employee, including those employees who would be so defined under the Fair Labor Standards Act; or (2) does not possess or has not maintained a required occupational license; or (3) is employed less than 15 hours per week.
“Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
“Public sector contractor” means any person or persons, firm, partnership, corporation, or combination thereof, who enters into a contract with officers or employees empowered by law to enter into contracts for the City for the services governed by this Article.
“Service contract” means a contract let to a contractor by the awarding authority for the furnishing of service (as opposed to the purchase of goods or other property) and that involves an expenditure or receipt in excess of $25,000 per contract and a contract term of at least three months.
“Subcontractor” means any person not an employee who enters into a contract with the contractor to assist the contractor in performing a service contract and that employs employees for such person.
“Successor service contract” means a service contract with the awarding authority where the services to be performed have previously been rendered to the awarding authority as part of the same program or at the same facility under another substantially similar service contract that recently has been terminated or has ended.
(Added as Police Code Sec. 3300C.1 by Ord. 165-98, App. 5/21/98; amended by Ord. 12-12, File No. 111190, App. 2/2/12, Eff. 3/3/12; Ord. 211-16, File No. 160891, App. 10/28/16, Eff. 11/27/16; Ord. 59-23, File No. 230166, App. 4/21/2023, Eff. 5/22/2023; redesignated by Ord. 221-23, File No. 230835, App. 11/3/2023, Eff. 12/4/2023, Oper. 1/4/2024)