(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. All Contracts, Leases, Franchises, Permits, or Agreements subject to this Section 102.9 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 102.9, 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 takedown 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 the Administrative Code or under the circumstances set forth in Section 57.7 of the Administrative Code; provided, however, that if the film production involves Broadcast Services, the requirements of this Section 102.9 shall apply to those persons engaged in Broadcast Services;
(4) In any circumstance where application of this Section 102.9 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 a Covered Local Project or a Covered State Project;
(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; or
(10) For any event sponsored by a primary or secondary educational institution.
(c) Preemption. Nothing in this Section 102.9 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 102.9 and any other section of this Article 102, the other section shall prevail.
(e) Prospective Effect. This Section 102.9 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 102.9 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 part or provision of this Section 102.9, 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.