Sec. 101.1. General Definitions.
Sec. 101.2. No Cause of Action Against the City.
Sec. 101.3. Preemption.
Sec. 101.4. Severability.
For the purposes of Articles 101 through 109, the following definitions apply.
Apprentice. Any worker who is indentured in a construction apprenticeship program that maintains current registration with the State of California’s Division of Apprenticeship Standards.
City. The City and County of San Francisco.
Contractor. Any person, firm, partnership, owner operator, limited liability company, corporation, joint venture, proprietorship, trust, association, or other entity that directly enters into an agreement, including, without limitation, any contract, franchise, lease, or permit, for a Covered Contract or Covered Project. A Contractor may also be referred to as a “Prime Contractor” or “General Contractor.”
Contracting Officer. Any officer or employee of the City authorized to enter into a Covered Contract on behalf of the City.
Covered Contract. Covered Contract shall mean an agreement, including, without limitation, any contract, franchise, lease, or permit, between the City and a Contractor for the following services: “Janitorial Services” as defined in Section 102.2; “Public Off-Street Parking Lots, Garages, or Storage Facilities for Automobiles” as defined in Section 102.3; “Theatrical Services” as defined in Section 102.4; “Hauling of Solid Waste Generated By The City In Course of City Operations” as defined in Section 102.5; “Moving Services” as defined in Section 102.6; “Motor Bus Services” as defined in Section 102.7, subject to the provisions of Section 102.7; “Trade Show and Special Event Work” as defined in Section 102.8; “Broadcast Services” as defined in Section 102.9; “Loading, Unloading, and Driving of Commercial Vehicles” as defined in Section 102.10; or “Security Guard Services” as defined in Section 102.11.
Covered Project. “Covered Project” shall mean a project satisfying one or more of the following definitions:
“Covered Local Project.” Any Public Work or Improvement as defined in Section 6.1 of the Administrative Code; any residential project required to comply with “City Contracting Requirements” pursuant to Chapter 43, Article IX of the Administrative Code; and/or any project required to pay prevailing wages pursuant to Administrative Code Section 66.13.
“Covered State Project.” Any “public works” as defined in California Labor Code Section 1720; any project for which Prevailing Wages are required to be paid pursuant to California Labor Code Section 1782; and/or any project subject to prevailing wage requirements under State law, including, but not limited to, California Government Code Section 65913.4(a)(8)(A)(ii), where the City, through its discretion or not, approves or permits plans, specification, or criteria for the project, and State law does not bar City enforcement of the prevailing wage requirements.
“Covered Real Estate Project.” Any project for any erection, construction, renovation, alteration, improvement, demolition, excavation, installation, or repair, including tenant improvements, that meets the following requirements: (1) the real property on which the project is located is within the jurisdictional boundaries of the City; (2) the estimated project cost exceeds the Threshold Amount; and (3) the project is performed, in whole or in part, on (A) any real property sold to the Real Property Contracting Party under a City-as-seller contract for Housing Development; or (B) real property leased by the City as a landlord or leased to the City as a tenant, where the construction is performed before or during the term of the lease in accordance with plans, specifications, or criteria approved by the City.
The scope of the Covered Project shall include any trade work performed at any stage of construction, including, without limitation, preconstruction work.
Department Head. The term as defined under Section 6.1 of the Administrative Code; or the Purchaser or any other officer authorized to award a Services contract under Chapter 21 of the Administrative Code.
Housing Development. Any residential or mixed-use project that includes the construction, expansion, or rehabilitation of three or more residential units.
Labor Standards Enforcement Officer. Labor Standards Enforcement Officer shall have the meaning established in Section 2A.23(b) of the Administrative Code.
Prevailing Wage or Prevailing Rate of Wages. The highest general prevailing rate of wages plus “per diem wages” and wages paid for overtime and holiday work paid in private employment for similar work for the various crafts and kinds of labor employed in the performance of any Covered Project or Covered Contract. “Per diem wages” are defined pursuant to California Labor Code Section 1773.1, as amended from time to time, which includes benefits, as defined therein.
Prevailing Wage Provisions. “Prevailing Wage Provisions” refers collectively to Articles 101 through 107. Certain of these provisions include subjects other than Prevailing Wage, such as apprenticeship requirements in Article 104 and the hours and days of labor requirements in Article 105.
Real Property Contracting Party. Any entity or individual, or successor in interest to the rights of any entity or individual, who is: (1) the buyer of real property intended for Housing Development under a City-as-seller contract, (2) the landlord under a City-as-tenant lease, or (3) the tenant under a City-as-landlord lease; provided, however, that a public entity shall not be considered a Real Property Contracting Party.
Subcontractor. Any person, firm, partnership, owner operator, limited liability company, corporation, joint venture, proprietorship, trust, association, or other entity that contracts with a Contractor or a Subcontractor to provide work on a Covered Contract or Covered Project.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
In no event shall any person or entity have the right to bring an action against the City based on any alleged failure to enforce or negligent enforcement of the requirements of Articles 101 through 109.
(Added by Ord. 296-24, File No. 240985, App. 12/19/2024, Eff. 1/19/2025, Oper. 2/19/2025)
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