Minimum Compensation Ordinance

CHAPTER 12P: MINIMUM COMPENSATION

Sec. 12P.1. Title.

Sec. 12P.2. Definitions.

Sec. 12P.3. Minimum Compensation Components.

Sec. 12P.4. San Francisco International Airport.

Sec. 12P.5. Contract Requirements.

Sec. 12P.5.1. Additional Contract Requirements.

Sec. 12P.6. Administration and Enforcement.

Sec. 12P.7. Waivers by the Agency.

Sec. 12P.8. Additional Waivers by the Agency? Nonprofit Corporations.

Sec. 12P.9. Special Waiver by the Public Utilities Commission.

Sec. 12P.10. Waiver Through Collective Bargaining.

Sec. 12P.11. City Departments to Cooperate with Agency.

Sec. 12P.12. Relationship to Other Requirements.

Sec. 12P.13. Report by Airport Director.

Sec. 12P.14. Preemption.

Sec. 12P.15. Effective Date.

Sec. 12P.16. Severability.

*SEC. 12P.1. TITLE.*

This Chapter shall be known as the "Minimum Compensation Ordinance."

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.2. DEFINITIONS.*

As used in this Chapter the following capitalized terms shall have

the following meanings:

(a) "Agency" shall mean the Office of Labor Standards Enforcement.

(b) "City" shall mean the City and County of San Francisco.

Index for urban wage earners and clerical workers for the San

Francisco-Oakland-San Jose metropolitan statistical area.

(d) "Contract" shall mean an agreement or portion of an agreement

that provides for services to be purchased at the expense of the

City or out of trust funds established by Charter, ordinance or

Memorandum of Understanding ("MOU"). The term "Contract" shall

include, without limitation, Included Subcontracts and agreements

such as grant agreements, pursuant to which agreements the City

grants funds to a Contractor for services (including, without

limitation, cultural activities, performances or exhibitions) to be

rendered to all or any portion of the public rather than to City

government.

(e) Notwithstanding the foregoing, the term "Contract" shall exclude:

(1) Excluded Subcontracts;

(2)(A) Any agreement with a Contractor that, together with the

Employees of any Included Subcontractor and of any entity that is

owned or controlled by the Contractor or which owns or controls the

Contractor, would have twenty (20) or fewer Employees;

(B) Notwithstanding subsection (e)(2)(A), for every Contract and

Contract Amendment entered into on or after the Effective Date of

the Amendment, the term "Contract" shall exclude any agreement with

a Contractor that, together with the Employees of any Included

Subcontractor and of any entity that is owned or controlled by the

Contractor or which owns or controls the Contractor, would have five

(5) or fewer Employees;

(3) Agreements for the purchase or lease of goods or for guarantees,

warranties, shipping, delivery or initial installation of such goods;

(4) Agreements entered into pursuant to settlement of legal

proceedings;

(5) Agreements for urgent or specialized litigation requirements

where the City Attorney's Office finds that it would be in the best

interests of the City not to include the requirements of this Chapter;

(6)(A) Agreements with any person or entity in which the cumulative

amount of compensation payable to such person or entity under all

agreements with a Contracting Department is less than twenty-five

thousand dollars ($25,000.00), or fifty thousand dollars

($50,000.00) in the case of Nonprofit Corporations, in any fiscal

year, provided that the agreement in question shall be deemed a

Contract on and after the effective date of any instrument which

causes such cumulative compensation under all agreements with a

Contracting Department to exceed twenty-five thousand dollars

($25,000), or fifty thousand dollars ($50,000.00) in the case of

Nonprofit Corporations;

(B) Notwithstanding the provisions of subsection (e)(6)(A) for every

Contract and Contract Amendment entered into on or after the

Effective Date of the Amendment, the term "Contract" shall exclude

Agreements with any person or entity in which the cumulative amount

of compensation payable to such person or entity under all

agreements with a Contracting Department is less than twenty-five

thousand dollars ($25,000) in any fiscal year, provided that the

agreement in question shall be deemed a Contract on and after the

effective date of any instrument which causes such cumulative

compensation under all agreements with a Contracting Department to

exceed twenty-five thousand dollars ($25,000);

(7) Agreements for the investment, management or use of trust assets

where compliance with this Chapter would violate the fiduciary

duties of the trustee;

(8) Agreements entered into prior to the Effective Date (unless and

until a Contract Amendment is entered into);

(9) Agreements entered into after the Effective Date (unless and

until a Contract Amendment is entered into) pursuant to, and within

the scope of, bid packages or requests for proposals advertised and

made available to the public prior to the Effective Date, which bid

packages or requests for proposals were not amended on or after the

Effective Date;

(10) Agreements involving the expenditure by the City of grant or

special funds (A) to the extent the application of this Chapter

would violate or be inconsistent with the terms or conditions of the

applicable grant agreement, or with the rules, regulations or

instructions of the public agency administering such grant

agreement, which terms or conditions or rules, regulations or

instructions provide for compensation lower than the Minimum

Compensation, provided, however, that this subsection (A) shall not

apply to terms or conditions of a grant agreement from the State of

California that violates or is inconsistent with California Labor

Code Section 1205(c), and/or (B) to the extent that application of

this Chapter would require the City to use General Fund monies to

supplement the grants, special funds or other non-General Fund

revenues to maintain the current level of services;

(11) Agreements with a Contractor that is a public entity whose

jurisdictional boundaries are not coterminous with those of the City;

(12) Agreements for employee benefits to be provided to City

employees, where the Director of Human Resources finds that no

entity is willing to comply with this Chapter and is capable of

providing the required employee benefits;

(13) Agreements that require the Contractor to pay no less than the

"prevailing rate of wage" in accordance with Section A7.204 of

Appendix A to the City's Charter or any provision of the San

Francisco Administrative Code, but only to the extent (A) each

Covered Employee is covered by such requirement, and (B) such

prevailing rate of wage is not less than the gross hourly

compensation required under Section 12P.3(a)(i) of this Chapter;

(14) Agreements for the investment of City monies where the

Treasurer finds that requiring compliance with this Chapter will

violate the Treasurer's fiduciary duties and for the investment of

retirement, health or other funds held in trust pursuant to Charter,

statute, ordinance or MOU where the official or officials

responsible for investing or managing such funds finds that

requiring compliance with this Chapter will violate their fiduciary

duties;

(15) Agreements made in connection with loans or grants under which

the City, as creditor or grantor, is providing funds to be used by

the debtor or grantee to:

(A) Acquire an interest in real property on which residential

improvements for low- or moderate-income households will be

constructed;

(B) Construct improvements owned or leased by the debtor or grantee,

on condition that residents of the improvements qualify as low- or

moderate-income households; or

grantee; and

(16) Agreements (including, without limitation, any lease,

concession, franchise or easement agreement) for the exclusive use

of real property owned by the City or of which the City has

exclusive use, other than agreements for the use of airport property

as set forth in Section 12P.4.

(f) "Contract Amendment" shall mean the modification of a Contract

in order to: (1) extend the term; (2) modify the total amount of

payments due from the City under a Contract; (3) modify the scope of

services to be performed by a Contractor; or (4) expand or relocate

the premises covered under an airport property contract. The term

does not include construction change orders.

(g) "Contracting Department" shall mean the City department, office,

commission or other City entity which enters into the applicable

Contract on behalf of the City.

(h) "Contractor" shall mean either:

(1) The person or entity that enters into a Services Contract with

the City; or

(2) In the case of an Included Subcontract, the subcontractor who

enters into the included Subcontract with the Contractor.

(i) "Covered Employee" shall mean:

(1) An Employee of a Contractor who, during the applicable Pay

Period, performs at least four (4) hours per week during the Pay

Period of work funded (in whole or in part) under the applicable

Contract or on the project funded under the applicable Contract:

(A) Within the geographic boundaries of the City;

(B) On real property owned or controlled by the City, but outside

the geographic boundaries of the City; or

performed elsewhere within the United States consists of at least

ten (10) hours per each work week during the Pay Period in question.

(2) Notwithstanding the provisions of subsection (i)(1), for every

Contract and Contract Amendment entered into on or after the

Effective Date of the Amendment the term "Covered Employee" shall

include an Employee of a Contractor who works elsewhere in the

United States and who, during the applicable Pay Period, performs at

least four (4) hours per week of work funded (in whole or in part)

under the applicable Contract or to on the project funded under the

applicable Contractor.

(3) Employees of the In-Home Supportive Services Public Authority

shall be covered employees as designated in Section 70.11 of this Code.

(4) Notwithstanding the foregoing, the term "Covered Employee" shall

exclude the following Employees of a Contractor that is a Nonprofit

Corporation:

(A) Any Employee who is under the age of eighteen (18) and is

claimed as a dependent for federal income tax purposes and is

employed as an after-school or summer Employee; or employed as a

trainee in a bona fide training program consistent with Federal law,

which training program enables the Employee to advance into a

permanent position; provided, however, these exemptions only apply

when the Employee does not replace, displace or lower the wage or

benefits of any existing position or Employee; and,

(B) Any disabled Employee of a Contractor, which disabled Employee:

is covered by a current sub-minimum wage certificate issued to the

Contractor by the U.S. Department of Labor; or would be covered by

such a certificate but for the fact that the Contractor is paying a

wage equal to or higher than the minimum wage.

(5) For every Contract and Contract Amendment entered into on or

after the Effective Date of the Amendment, the term "Covered

Employee" shall include an Employee of a Contractor who also

participates in the CalWorks Program, or any similar successor

program, who during the applicable Pay Period performs any

welfare-to-work activities considered "employment" under the Fair

Labor Standards Act (29 U.S.C. §§ 201 et. seq.) and any applicable

United States Department of Labor regulations or guideline, funded

(in whole or in part) under the applicable Contract or on the

project funded under the applicable Contract; provided, however,

that the hourly rate of payment for these Covered Employees shall be

set by the Executive Director of the Department of Human Services at

the maximum rate that is in conformance with CalWorks eligibility

criteria so that these Covered Employees maintain CalWorks

eligibility. Prior to June 1 of each year, the Executive Director

shall provide such rate to the Office of Labor Standards Enforcement

for publication. This amount shall be adjusted yearly, as necessary,

to reflect any changes in federal or state law governing CalWorks

eligibility.

(j) "Effective Date" shall mean the applicable effective date

specified in Section 12P.15 of this Chapter.

(k) "Effective Date of the Amendment" shall mean the date thirty

(30) days after adoption of the amendment to this Ordinance

introduced on June 19, 2007.

(l) "Employee" shall mean any person who is employed by a

Contractor, including part-time and temporary employees.

(m) "Excluded Subcontract" shall mean any agreement or portion of an

agreement between a Contractor and a person or entity who is not an

Employee of such Contractor, which agreement or portion of an

agreement relates to a Contract but is not an Included Subcontract.

The term "Excluded Contract" shall include, without limitation, an

agreement pursuant to which a Contractor obtains from such a person

or entity goods to be used in the fulfillment of the Contractor's

duties under the applicable Contract. The term shall also include

agreements (including, without limitation, any lease, concession,

franchise or easement agreement) for the exclusive use of real

property owned by the City or of which the City has exclusive use,

other than agreements for the use of airport property as set forth

in Section 12P.4.

(n) "Included Subcontract" shall mean an agreement or portion of an

agreement between a Contractor and a person or entity who is not an

Employee of such Contractor, pursuant to which such person or

entity: (1) agrees to assist a Contractor in performing a Contract;

or (2) agrees to assist a Contractor with a project funded by grant

monies conveyed to the Contractor under the applicable Contract. An

agreement to assist a Contractor shall mean an agreement to perform

all or a portion of a component of the services covered by the

Contract with the City.

(o) "Minimum Compensation" shall mean each of the components

required under Section 12P.3. of this Chapter.

(p) "Nonprofit Corporation" shall mean a nonprofit corporation, duly

organized, validly existing and in good standing under the laws of

the jurisdiction of its incorporation and (if a foreign corporation)

in good standing under the laws of the State of California, which

corporation has established and maintains valid nonprofit status

under Section 501(c)(3) of the United States Internal Revenue Code

of 1986, as amended, and all rules and regulations promulgated under

such Section.

(q) "Pay Period" shall mean the applicable Contractor's regular pay

period.

(r) "Projected shortfall" shall mean that the Joint Report prepared

by the Mayor, the Board's Budget Analyst, and the Controller

pursuant to Section 3.6 of this Code has projected a shortfall for

the upcoming fiscal year of 1% or more of total General fund uses.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.3. COMPONENTS.*

(a) Minimum Compensation shall consist of each of the following:

(1)

(A)(i) Hourly gross compensation in the amount of nine dollars

($9.00) per hour.

(ii) In no less than twelve (12) nor more than eighteen (18) months

from the Effective Date, the City shall increase the hourly gross

compensation to ten dollars ($10.00) per hour; provided, however,

that in the case of Nonprofit Corporations and public entities, this

adjustment shall only be made if the Joint Report issued by the

Controller, Mayor's Budget Office, and Budget Analyst, pursuant to

San Francisco Administrative Code Section 3.6, finds that the City

has sufficient funds to pay the anticipated costs of the adjustment.

A finding of "sufficient funds" shall mean that the City will not be

required to reduce services in order to pay the anticipated costs of

the adjustment.

(iii) For each of the next three (3) years after the adjustment

provided in Subsection (a)(ii) is made, at annual intervals, the

City shall make an additional adjustment of two and one-half (2.5)

percent.

(B) For Contracts and Contract Amendments with parties other than

Nonprofit Corporations or public entities entered into on or after

the Effective Date of the Amendment, hourly gross compensation in

the amount of ten dollars and seventy-seven cents ($10.77). In order

to prevent inflation from eroding the value of this rate, on January

1, 2008, the ten dollars and seventy-seven cent ($10.77) rate shall

increase by an amount corresponding to the prior year's increase, if

any, in the CPI. Annually thereafter on the first of January, the

hourly gross compensation in effect for the prior calendar year

shall increase by an amount corresponding to any prior year's

increase in the CPI.

(C)(i) For Contracts and Contract Amendments with Nonprofit

Corporations and public entities entered into on or after the

Effective Date of the Amendment, hourly gross compensation in the

amount of ten dollars and seventy-seven cents ($10.77). It shall be

the policy of the City to endeavor to maintain the hourly gross

compensation for Contracts with Nonprofit Corporations and public

entities equal to the rate that applies to for-profit Contractors.

As such, this ten dollars and seventy-seven cent ($10.77) rate shall

increase by an amount corresponding to the prior year's increase, if

any, in the CPI. These CPI adjustments shall be made on January 1,

2008 and every January 1 thereafter. Notwithstanding the provisions

of this Subsection, when the Joint Report shows a projected

shortfall, there shall be no automatic CPI increase in hourly gross

compensation for Nonprofit Corporations and public entities as

otherwise provided in this Subsection and the Mayor and the Board of

Supervisors shall follow the procedures set forth in Subsections

(C)(ii) and (iii).

(ii) YEARS WITH PROJECTED BUDGET SHORTFALL. When submitting the

annual proposed budget to the Board of Supervisors for any upcoming

fiscal year in which there is a projected shortfall, the Mayor shall

transmit a written report to the Clerk and to each member of the

Board of Supervisors stating whether the proposed budget contains

funding to pay all of the costs of the projected CPI increase for

Nonprofit Corporations and public entities for the upcoming fiscal

year, as well as for any prior fiscal years for which the Agency has

granted a waiver. If the proposed budget does not contain sufficient

funding for all of such costs, the report shall state the extent to

which any portion of the CPI increase has been funded in the

proposed budget and, in addition, shall set forth the basis for the

Mayor's determination that no alternative funding sources or prudent

reductions in City expenses were available to enable the City to pay

the additional costs of the CPI increase for the upcoming fiscal

year, and for any prior fiscal years for which the Agency has

granted a waiver, without jeopardizing City operations.

(iii) When the Mayor has transmitted a report to the members of the

Board providing notice that the proposed budget does not contain

sufficient funding to pay the additional costs of the CPI increase

for the upcoming fiscal year for Nonprofit Corporations and public

entities and for any prior fiscal years for which the Agency has

granted a waiver, the Budget and Finance Committee of the Board (or

any successor committee as determined by the President of the Board)

shall hold a hearing before adoption of the budget to consider the

report and whether there are alternative funding sources or prudent

reductions in City expenses available to enable the City to pay the

additional costs of the CPI increase for the upcoming fiscal year,

and for any prior fiscal year for which the Agency has granted a

waiver, without jeopardizing City operations. The Board may amend

the budget to provide full or partial funding for the CPI increase(s).

(iv) The hourly gross compensation for Nonprofit Corporations and

public entities for the upcoming calendar year following the

adoption of the budget shall be the rate required in the current

calendar year, plus the amount of any CPI increase provided for in

the budget. This rate shall apply notwithstanding the failure of the

Mayor to make the report or the Board to conduct the hearing

required by Subsection (C)(ii) and (iii). The Agency shall provide

notice of the amount of hourly gross compensation for Nonprofit

Corporations and public entities on the Agency's website. Except for

those years in which the budget has sufficient funds to bring the

rate for Nonprofit Corporations and public entities into parity with

rate for for-profits, the Agency shall grant a blanket waiver

applicable to all contracts with Nonprofit Corporations and public

entities, which waiver shall authorize payment under such contract

of hourly gross compensation that reflects either no CPI increase or

only such increase as is covered by the budget. The Controller's

Office shall provide notice to all City departments of the hourly

gross compensation for Nonprofit Corporations and public entities as

determined by the Agency.

(v) Years with no one (1) percent projected budget shortfall. As

provided in Subsection (a)(1)(C)(i), the hourly gross compensation

for Nonprofit Corporations and public entities shall be adjusted in

any year in which there is no projected budget shortfall by an

amount corresponding to the prior year's increase, if any, in the

CPI. When submitting the annual proposed budget to the Board of

Supervisors for any upcoming fiscal year in which there is no

projected shortfall but there is disparity between the rate for

for-profit entities and for Nonprofit Corporations and public

entities, the Mayor shall transmit a written report to the Clerk and

to each member of the Board of Supervisors stating whether the

proposed budget contains sufficient funding to bring the hourly

gross compensation for Nonprofit Corporations and public entities

into parity with the amount applicable to for-profit entities under

Section (a)(1)(B).

(vi) When the Mayor has transmitted a report to the members of the

Board providing notice that the proposed budget does not contain

sufficient funding to bring the hourly gross compensation for

Nonprofit Corporations and public entities into parity with the

amount applicable to for-profit entities, the Budget and Finance

Committee of the Board (or any successor committee as determined by

the President of the Board) shall hold a hearing before adoption of

the budget to consider the report. The Board may amend the budget to

provide full or partial funding toward such parity. If additional

funds are provided in the budget to obtain such parity or to bring

Nonprofit Corporation and public entities closer to such parity, the

hourly gross compensation for such entities shall increase to the

extent provided in the budget and the Agency shall provide notice of

the amount of hourly gross compensation on the Agency's website.

(2) Compensated time off (at the compensation rates specified in

subsections (a)(1) of this Section) in an hourly amount that, on an

annualized basis for a full-time employee, equals twelve (12) days

per year. Such time off shall vest with the Covered Employee at the

end of the applicable Pay Period and may be used, for sick leave,

vacation or personal necessity. Notwithstanding the foregoing, if a

Contractor reasonably determines, in good faith, that the Contractor

cannot comply with this requirement for compensated time off, the

Contractor shall provide the Covered Employee with a cash equivalent

of such compensated time off.

(3) Uncompensated time off in an hourly amount that, on an

annualized basis for a full-time employee, equals ten (10) days per

year. Such time off shall vest with the Covered Employee at the end

of the applicable Pay Period and may be used, at the option of the

Covered Employee, for sick leave for the illness of the Covered

Employee or such Covered Employee's spouse, domestic partner, child,

parent, sibling, grandparent or grandchild.

(b) By December 1 of each year, the Agency shall make available at

its office and on its website the hourly rates required by this

Section.

appropriations for contract services, City departments that

regularly enter into agreements for the provision of services by

nonprofit corporations shall transmit with their proposal a written

confirmation that the department has considered in its calculations

the costs that the nonprofit corporations calculate that they will

incur in complying with the Minimum Compensation Ordinance.

(d) Subject to the budgetary and fiscal provisions of the Charter,

it shall be the policy of the City to ensure sufficient funding to

prevent a reduction in the services to the community provided by

Nonprofit Corporations and public entities.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.4. SAN FRANCISCO INTERNATIONAL AIRPORT.*

The requirements of this Chapter shall apply to a written agreement

(including, without limitation, any lease, concession, franchise or

easement agreement) for the exclusive use of real property that is

owned by the City or of which the City has exclusive use, if such

property is under the jurisdiction of the San Francisco Airport

Commission and the term of the agreement exceeds twenty-nine (29)

days in any calendar year, whether by single or cumulative

instruments. If cumulative instruments cause the term of the

agreement to exceed twenty-nine (29) days, the agreement in question

shall be subject to this Article only on and after the effective

date of the instrument which causes the term to exceed twenty-nine

(29) days. The requirements of this Chapter shall also apply to (i)

any sublease or other agreement allowing other parties the exclusive

right to occupy or use all or any portion of the property covered by

the agreement and (ii) any agreement between a tenant or subtenant

and any other person or entity to perform services on the airport

property. Contractors who have agreements covered by this Section

shall comply with the requirements of this Chapter insofar as they

have "Covered Employees." For purposes of this Section, "Covered

Employee" shall mean an employee who provides at least ten (10)

hours of work on the property that is the subject of the agreement

in a two-week Pay Period, adjusted proportionately if the Pay Period

is other than two (2) weeks. Notwithstanding the provisions of this

Section, all exemptions and waivers from the requirements of this

Chapter that apply to Contracts shall also apply to agreements for

the use of airport property described in this Section, except that

the exemption in Section 12P.2(e)(16) does not apply to agreements

for the use of real property owned by the City or of which the City

has exclusive use if the property is under the jurisdiction of the

San Francisco Airport Commission. Except as otherwise specifically

provided, all requirements of this Chapter, and the monitoring and

enforcement mechanisms provided in this Chapter, shall apply to

agreements covered by this Section.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.5. CONTRACT REQUIREMENTS.*

Every Contract or Contract Amendment entered into on or after the

Effective Date shall provide as follows:

(a) For each hour worked by a Covered Employee during each Pay

Period during the term of the Contract (as such term may be extended

from time to time), Contractor shall provide to such Covered

Employee no less than the Minimum Compensation as required in this

Chapter.

(b) Failure to comply with the foregoing requirement shall

constitute a material breach by Contractor of the terms of the

Contract. Such failure shall be determined by the City in its sole

discretion.

written notice of such a breach, Contractor fails to cure such

breach or, if such breach cannot reasonably be cured within such

period of thirty (30) days, Contractor fails to commence efforts to

cure within such period, or thereafter fails diligently to pursue

such cure to completion, the City shall have the right to pursue any

rights or remedies available under the terms of the Contract or

under applicable law.

(d) The Contractor shall not discharge, reduce in compensation, or

otherwise discriminate against any Employee for complaining to the

City with regard to the employer's compliance or anticipated

compliance with this Chapter, for opposing any practice proscribed

by this Chapter, for participating in proceedings related to this

Chapter, or for seeking to assert or enforce any rights under this

Chapter by any lawful means.

(e) The Contractor represents and warrants that it is not an entity

that was set up, or is being used, for the purpose of evading the

intent of this Chapter.

(f) The Contractor shall keep itself informed of the current Minimum

Compensation, and shall provide prompt written notice to all Covered

Employees of annual adjustments to the Minimum Compensation, as well

as any written communications received by the Contractor from the

City, which communications are marked to indicate that they are to

be distributed to Covered Employees.

(g) The Contractor shall maintain employee and payroll records in

compliance with the California Labor Code and Industrial Welfare

Commission orders. Where a Contractor does not maintain or retain

such records, or does not allow the Agency reasonable access to such

records, it shall be presumed that the Contractor paid no more than

the minimum wage required under State law. The Contractor shall have

the burden of overcoming the presumption by clear and convincing

evidence.

(h) The Contractor shall provide reports to the City in accordance

with any reporting standards promulgated by the Agency.

(i) The Contractor shall provide the City with access to pertinent

records after receiving a written request to do so and being

provided at least five (5) business days to respond.

(j) The Agency may conduct random audits of Contractors. Random

audits shall be (1) noticed in advance in writing; (2) limited to

ascertaining whether Covered Employees are paid at least the minimum

compensation required by this Article; (3) accomplished through an

examination of pertinent records at a mutually agreed upon time and

location within ten (10) days of the written notice; and (4) limited

to one (1) audit per Contractor every two (2) years for the duration

of the Contract. Nothing in this Section shall be deemed to

interfere with the authority of the Agency to investigate any report

of an alleged breach of contract as provided in Section 12P.6.

(k) Any Contractor subject to the provisions of this Chapter shall

promptly notify the Contracting Department of any subcontractors

performing services covered by this Chapter and shall certify to the

Contracting Department that it has notified the subcontractors of

their obligations under this Chapter.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.5.1. ADDITIONAL CONTRACT REQUIREMENTS.*

Every contract and contract amendment entered into on or after the

effective date of the amendment, shall include the provisions set

forth below, in addition to those requirements set forth in Section

12P.5. Where a conflict exists, the provisions of this section

supersede those of Section 12P.5.

(a) Failure to comply with the requirements of this chapter shall

constitute a material breach by contractor of the terms of the

contract. The city in its sole discretion shall determine such failure.

(b) If a contractor fails to comply with the requirements of this

chapter, the city shall have the right to pursue any rights or

remedies available under this chapter, under the terms of the

contract, and under applicable law, consistent with the procedures

set forth in Section 12P.6.2.

employees and agents of the city authorized to assist in the

administration and enforcement of this chapter, including employees

and agents of the agency, shall have the right to (1) engage in

inspections of a contractor's job sites and conduct interviews with

a contractor's employees and (2) conduct audits of contractors,

provided that the city gives notice in advance of such audits and

the audits are accomplished through an examination of pertinent

records at a mutually agreed upon time and location within ten (10)

days of the written notice.

(d)(1) Contractor may not interfere with, restrain, or deny the

exercise of, or the attempt to exercise, any right protected under

this chapter.

(2) Contractor may not discharge, threaten to discharge, demote,

suspend, or in any manner discriminate or take adverse action

against any person in retaliation for exercising rights protected

under this chapter. Such rights include, but are not limited to, the

right be paid the minimum compensation; the right to use compensated

and uncompensated time off pursuant to this chapter; the right to

file a complaint or inform any person about any alleged violation of

this chapter; the right to cooperate with the agency in its

investigations of alleged violations of this chapter; and the right

to inform any person of his or her potential rights under this chapter.

(3) Contractor may not implement any absence control policy to count

compensated or uncompensated leave taken under this chapter as an

absence that may lead to or result in discipline, discharge,

demotion, suspension, or any other adverse action.

(4) The provisions of this subsection (d) apply to any person who

mistakenly but in good faith alleges violations of this chapter.

(5) If the contractor takes any adverse action against any person

within 90 days of the person's doing any of the following, such

adverse action shall raise a rebuttable presumption that the

contractor has engaged in retaliation against the person for the

exercise of one or more of the rights set forth in this Subsection

(d): filing a complaint with the agency or a court alleging a

violation of any provision of this chapter, informing any person

about an employer's alleged violation of this chapter; cooperating

with the agency or other persons in the investigation or prosecution

of any alleged violation of this chapter; opposing any policy,

practice, or act that is unlawful under this chapter; or informing

any person of his or her rights under this chapter.

(Ord. 212-07, File No. 070921, App. 9/14/2007; Added by Ord. 226-07,

File No. 071193, App. 10/2/2007)

*SEC. 12P.5.1. ADDITIONAL CONTRACT REQUIREMENTS.*

Every Contract and Contract Amendment entered into on or after the

Effective Date of the Amendment, shall include the provisions set

forth below, in addition to those requirements set forth in Section

12P.5. Where a conflict exists, the provisions of this Section

supersede those of Section 12P.5.

(a) Failure to comply with the requirements of this Chapter shall

constitute a material breach by Contractor of the terms of the

Contract. The City in its sole discretion shall determine such failure.

(b) If a Contractor fails to comply with the requirements of this

Chapter, the City shall have the right to pursue any rights or

remedies available under this Chapter, under the terms of the

Contract, and under applicable law, consistent with the procedures

set forth in Section 12P.6.2.

employees and agents of the City authorized to assist in the

administration and enforcement of this Chapter, including employees

and agents of the Agency, shall have the right to (1) engage in

inspections of a Contractor's job sites and conduct interviews with

a Contractor's employees and (2) conduct audits of Contractors,

provided that the City gives notice in advance of such audits and

the audits are accomplished through an examination of pertinent

records at a mutually agreed upon time and location within ten (10)

days of the written notice.

(Added by Ord. 212-07, File No. 070921, App. 9/14/2007)

*SEC. 12P.6. ADMINISTRATION AND ENFORCEMENT.*

(a) The Agency shall monitor Contractors for compliance with the

requirements of this Chapter and investigate complaints of

violations. The Agency shall promulgate guidelines or rules for the

administration of this Chapter. Such guidelines and rules shall not

be adopted finally by the Agency until the Agency has held a public

hearing. The guidelines and rules shall establish procedures for

monitoring Contractors, receiving and investigating complaints, and

determining whether a Contractor has breached a Contract based on

the Minimum Compensation requirements of this Chapter. The

guidelines and rules shall also establish procedures permitting

Contractors to provide payroll information in confidence to the City

for purposes of monitoring compliance under this Chapter and

authorizing disclosure of the information by the City only when

necessary for enforcement purposes. Upon the request of a

Contracting Department, the Agency shall also issue a determination

as to whether a particular instrument constitutes a Contract or

agreement is subject to the requirements of this Chapter. The Agency

shall report annually on compliance with this Chapter to the Board

of Supervisors. Such report shall include cumulative information

regarding the number of waivers granted by the Agency pursuant to

Sections 12P.7 and 12P.8 of this Chapter and statistical data

regarding such waivers.

(b) If the Agency determines that a Contractor is in breach of any

term required to be contained in the Contract under this Chapter,

the Agency shall notify the Contracting Department of its findings

and of any action that the Agency requests the Contracting

Department to take with respect to such breach. In order to ensure

compliance with this Chapter and to enhance the monitoring

activities of the Agency, the City desires to encourage reporting by

Covered Employees of any breach. The Agency shall investigate any

such report, The Agency shall keep confidential, to the maximum

extent permitted by applicable laws, the Covered Employee's name and

other identifying information.

City under the term of the Contract or under applicable law, the

City shall have the following rights, in the event of such failure

by the Contractor:

(1) The right, at the discretion of the Agency, to charge the

Contractor an amount equal to the difference between the Minimum

Compensation levels required by this Chapter and any compensation

actually provided to each Covered Employee who was not paid in

accordance with the terms of this Chapter, together with simple

annual interest of ten (10) percent on such amount from the date

payment was due;

(2) The right, at the discretion of the Agency, to set off all or

any portion of the amount described in the preceding clause (1) of

this Subsection against amounts due to Contractor under the Contract;

(3) The right, at the discretion of the Contracting Department, to

terminate the Contract in whole or in part;

(4) In the event of a breach by Contractor of the covenant referred

to in Section 12P.5(d), the right, at the discretion of the Agency,

to require reinstatement of the affected Covered Employee and, if

necessary, seek a court order for such reinstatement or to obtain

other appropriate equitable relief and, in addition, to require

payment of any wages lost because of the Contractor's discriminatory

or retaliatory action, together with simple annual interest of up to

ten (10) percent from the date payment should have been made; and

(5) The right, at the discretion of the Agency or the Contracting

Department, to bar a Contractor from entering into future contracts

with the City for three (3) years.

(6) The City may bring a civil action against the Contractor to

pursue the remedies provided by this Chapter and other applicable

law. The prevailing party shall be entitled to all costs and

expenses, including reasonable attorneys' fees.

Each of these rights shall be exercisable individually or in

combination with any other rights or remedies available to the City.

Any amounts realized by the City pursuant to this subsection shall

be paid to each applicable Covered Employee.

When this Chapter authorizes the Agency to charge interest, in

determining the appropriate amount to charge the Agency shall give

due consideration to the size of the Contractor's business, the

Contractor's good faith, the gravity of the violation, and the

history of previous violations.

(d) Each Covered Employee shall be a third-party beneficiary under

the Contract as set forth in this subsection and in subsection (e)

of this Section, and may pursue the following remedies in the event

of a breach by the Contractor of any contractual covenant described

in Section 12P.5(a) or Section 12P.5(d), but only after the Covered

Employee has provided the notice and participated in the

administrative review hearing provided in this subsection. The

Covered Employee shall give written notice of a breach to the

Contractor and to the Agency. If the Agency and the Contracting

Department determine that no breach has occurred, or if the

Contracting Department fails to obtain the cure of a breach by the

Contractor within sixty (60) days after receipt of notice by the

Covered Employee, the Covered Employee may request an administrative

review hearing. The Covered Employee must request such a hearing

within ninety (90) days after giving written notice of the breach.

Unless the Covered Employee withdraws the request for a hearing, the

Agency shall conduct, or arrange to have conducted, a hearing. The

Employee shall have the right to attend the hearing personally or

through a designated representative. The Agency shall notify the

Contractor of the hearing so that the Contractor may attend and

present evidence. After the hearing is completed, the person

conducting the hearing shall determine whether the Contractor has

breached the Contract. Upon the issuance of a written decision

finding a breach, and after a waiting period of twenty-one (21)

days, the Covered Employee may bring an action against the

Contractor for such breach in the Superior Court of the State of

California, as appropriate, unless the City has commenced an action

against the Contractor based on the breach, or obtained compliance,

within the twenty-one-day waiting period and provided notice to the

Covered Employee of that action. If the Covered Employee prevails in

such action, the Covered Employee may be awarded: (1) an amount

equal to the difference between the Minimum Compensation and any

compensation actually provided to the Covered Employee, together

with simple annual interest of ten (10) percent on such amount from

the date payment was due; and (2) in the event of a breach by

Contractor of the covenant referred to in Section 12P.5(d), the

right to seek reinstatement or to obtain other appropriate equitable

relief.

(e) In the event of any legal action or proceeding between

Contractor and a Covered Employee arising from this Agreement, the

unsuccessful party to such action or proceeding shall pay to the

prevailing party all costs and expenses, including reasonable

attorneys' fees and disbursements, incurred by such prevailing party

in such action or proceeding and in any appeal in connection with

such action or proceeding; provided, however, that a Contractor

shall be entitled to such costs and expenses only if the court

determines that the Covered Employee's action or proceeding was

frivolous, vexatious or otherwise an act of bad faith. If such

prevailing party recovers a judgment in any such action, proceeding

or appeal, such costs, expenses and attorneys' fees and

disbursements shall be included in and as a part of such judgment.

(f) The City shall maintain the confidentiality of payroll

information obtained in the course of monitoring compliance with

this Chapter and shall disclose such information only as necessary

for enforcement purposes.

(g) The Agency shall develop a procedure for obtaining an assurance

from Contractors when they sign an agreement subject to this Chapter

that they comply with the requirements of this Chapter, such as the

signing of an affidavit of compliance.

(h) The Agency may compromise and settle unlitigated claims that

Contractors have violated the requirements of this Chapter,

including Contractors that have agreements for real property as set

forth in Section 12P.4.

(i) All Contractors and Contracting Departments shall cooperate

fully with the Agency in connection with any investigation of an

alleged violation of this Chapter or with any inspection conducted

by the Agency.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.6.1. LIQUIDATED DAMAGES.*

Every Contract and Contract Amendment entered into on or after the

Effective Date of the Amendment shall contain a provision in which

the Contractor agrees:

(a) To be liable to the City for liquidated damages as provided in

this Section;

(b) To be subject to the procedures governing enforcement of a

breach of the terms of a Contract, which terms are required by this

Chapter, as set forth in Section 12P.6.2;

required in this Chapter is a material element of the City's

consideration for the Contract and that the failure of Contractor to

comply will cause significant and substantial harm to the City and

the public which is extremely difficult to determine or quantify,

and that the liquidated damages set forth in this Section are

reasonable amounts to pay for the harm caused by the Contractor's

non-compliance;

(d) That for any failure to provide the required Minimum

Compensation (hourly wage and time off), the Agency may require the

Contractor to pay the City liquidated damages of up to one hundred

dollars ($100.00) for each one-week pay period for each employee not

provided the required compensation. The Agency shall adjust this

amount proportionately for Contractors that use a pay period other

than one (1) week;

(e) That for any failure to provide reports to the City or access to

pertinent records, or any failure to cooperate with any audit,

inspection or investigation conducted by the Agency, the Agency may

require the Contractor to pay the City liquidated damages of up to

one thousand dollars ($1,000.00);

(f) That while liquidated damages in the maximum amounts set forth

in this Section are a reasonable estimate of the harm caused by the

Contractor's non-compliance with contractual provisions required by

this Chapter, the Agency may determine that less than the full

amount is warranted depending on the circumstances of each case. The

Agency shall give due consideration to the following factors in

determining the amount of liquidated damages: the size of the

Contractor's business, the Contractor's good faith, the gravity of

the violation, the history of previous violations, the failure to

comply with record-keeping, reporting, anti-retaliation or other

non-wage requirements, and the extent to which the imposition of

liquidated damages would undermine the purpose of this Chapter by

imposing unreasonable financial burdens on the Contractor, thereby

restricting its ability to fulfill its obligations under this Chapter.

(Added by Ord. 212-07, File No. 070921, App. 9/14/2007)

*SEC. 12P.6.2. INVESTIGATION AND DETERMINATION OF VIOLATIONS.*

(a) Determination of Violation. Upon determining that a Contractor

may have violated the terms of a Contract required under this

Chapter, the Agency shall send written notice to the Contractor of

the possible violation and of the Contractor's right to respond to

the Agency's initial determination by submitting pertinent documents

and other information. The written notice shall also notify the

Contractor that the Agency is authorized to direct the Controller to

withhold payment otherwise due to the Contractor pursuant to the

provisions of subsection (e). If after providing the Contractor with

a reasonable opportunity to respond to the allegations the Agency

makes a final determination that a violation has occurred, the

Agency shall provide a written notice of violation to the Contractor.

(b) Right to Appeal. The Contractor may appeal the Agency's final

determination. The Contractor must file an appeal with the Agency in

writing, specifying the basis for contesting the determination, no

later than fifteen (15) days after the date of the notice of

determination. Failure to file an appeal in writing with the

Controller within fifteen (15) days shall cause the Agency's

determination to be deemed a final administrative decision by the City.

(1) Within fifteen (15) days after the Agency receives an appeal,

the Controller shall appoint a hearing officer and shall notify the

Agency and the Contractor.

(2) The hearing officer shall promptly set a date for a hearing. The

hearing shall commence within forty-five (45) days of the

notification of the appointment of the hearing officer and conclude

within seventy-five (75) days of such notification, unless all

parties agree to an extended period.

(3) The Agency shall have the burden of producing evidence that the

Contractor has violated the requirements of this Chapter and the

burden of proving the violation.

(d) Hearing Officer's Decision.

(1) Within thirty (30) days of the conclusion of the hearing, the

hearing officer shall issue a written decision consisting of

findings and a decision affirming, modifying, or vacating the

Agency's determination. If the hearing officer vacates the Agency's

determination in its entirety, that decision shall also vacate any

assessment of liquidated damages. If the hearing officer affirms the

Agency's determination, the hearing officer shall issue a decision

upholding the Agency's determination, including the amount of the

liquidated damages assessed by the Agency. With respect to

liquidated damages, the hearing officer's jurisdiction to modify the

Agency's assessment is limited and the following procedures apply.

If the hearing officer modifies the Agency's determination, the

hearing officer shall transmit the decision to the Agency, which

shall within five (5) business days modify the assessment of

liquidated damages consistent with the hearing officer's decision

based on the criteria set forth in Section 12P.6.1 and transmit the

modified assessment to the hearing officer. Upon receiving the

modified assessment from the Agency, the hearing officer shall

within three (3) business days issue a final decision which shall

include the amount of the liquidated damages assessment as modified

by the Agency.

(2) The decision of the hearing officer shall be final. The

Contractor may seek review of the hearing officer's decision only by

filing in the San Francisco Superior Court a petition for a writ of

mandate under California Code of Civil Procedure, section 1094.5, as

may be amended from time to time.

(3) The failure of the Controller or hearing officer to comply with

the time requirements of this Section shall not cause the Controller

or the hearing officer to lose jurisdiction over an appeal from the

Agency's determination filed under this Section.

(4) Upon receiving the hearing officer's decision affirming or

modifying the Agency's determination, the Contractor shall take the

corrective action, including the payment of liquidated damages, if

any, within fourteen (14) days of receiving the hearing officer's

decision. If a Contractor fails to take corrective action within the

time required by the provisions of this Section, the City may

immediately pursue all available remedies against the Contractor.

(e) Withholding of Payments by Controller.

(1) When the Agency sends notice to a Contractor under Section

12P.6.2(a) of its final determination that the Contractor has

violated the requirements of this Chapter and of the Contractor's

right of appeal to the Controller, the Agency may direct the

Contracting Department and the Controller to deduct from the payment

or payments otherwise due to the Contractor the amounts that the

Agency has determined the Contractor must pay to Covered Employees

for violation of this Chapter and to the City for liquidated

damages. The Controller, in issuing any warrant for any such

payment, shall deduct the amounts specified by the Agency.

(2) The Controller shall withhold these funds until (A) the hearing

officer issues a decision finding that the Contractor does not owe

all or a portion of the amount withheld, in which case the

Controller shall release funds to the Contractor consistent with the

hearing officer's decision or (B) the Contractor consents to the use

of the funds to pay Covered Employees and/or the City the amounts

that the Agency or hearing officer found due. As to any funds being

withheld for which neither (A) nor (B) applies, the Controller shall

retain the funds until the hearing officer's decision is no longer

subject to judicial review, at which time the Controller shall

distribute the funds as provided in subsection (e)(3) of this

Section, provided that this action is consistent with any final

determination of a court of competent jurisdiction. Notwithstanding

the provisions of this subsection, the Agency may authorize the

release of payments withheld from the Contractor under this Section

if the Agency determines that the continued withholding of funds

imposes a substantial risk of endangering public health or safety,

interfering with a service or project that is essential to the City,

or having an unreasonable adverse financial impact on the City.

(3) The Controller shall distribute amounts withheld from

Contractors under this Section in the following order:

(A) The Agency shall make its best efforts to distribute any amounts

that are determined due to the Contractor's Covered Employees to

those individuals, or may require the Contractor to do so. The

Controller shall hold the balance of any such amounts for Covered

Employees whom the Agency and Employer, despite best efforts, cannot

locate. Funds held for at least two (2) years shall be deposited in

the City's General Fund.

(B) Sums imposed as liquidated damages shall be deposited in the

City's General Fund.

(Added by Ord. 212-07, File No. 070921, App. 9/14/2007)

*SEC. 12P.7. WAIVERS BY THE AGENCY.*

The Agency shall waive the requirements of this Chapter where the

Contracting Department has certified in writing to the Agency, and

the Agency has found that:

(a) The needed services under the applicable Services Contract are

available only from a sole source; and the prospective Contractor is

not currently disqualified from doing business with the City or any

other governmental agency; or

(b) Pursuant to Chapters 6 and 21 of the Administrative Code, the

Contract is necessary to respond to an emergency which endangers the

public health or safety; and no entity that complies with the

requirements of this Chapter and is capable of responding to the

emergency is immediately available to perform the required services; or

that comply with the requirements of this Chapter; and the Contract

is for a service, project, or property that is essential to the City

or the public; or

(d) The Services to be purchased are available under a bulk

purchasing arrangement with a federal, state or local governmental

entity; purchase under such arrangement will substantially reduce

the City's cost of purchasing such Services; and purchase under such

an arrangement is in the best interest of the City or the public.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.8. ADDITIONAL WAIVERS BY THE AGENCY? NONPROFIT CORPORATIONS.*

(a) A Nonprofit Corporation may seek a waiver from the requirements

of Section 12P.3(a)(1) if the highest paid managerial position in

the organization earns a salary which, when calculated on an hourly

basis, is not more than six (6) times the lowest wage paid by the

organization to a Covered Employee. The Nonprofit Corporation shall

provide to the Contracting Department a written statement, prepared

and signed by the Nonprofit Corporation, setting forth an

explanation of the economic hardship to the Nonprofit Corporation or

the negative impact on services that would result from compliance

with this Chapter. If the Contracting Department determines that the

written explanation is adequate to justify the waiver and that

substantial evidence supports the written explanation, it shall

recommend the requested waiver to the Agency. The Agency shall grant

the requested waiver. Each waiver shall be effective for a period of

up to one (1) year, and subsequent waivers may be requested and

granted.

(b) If City's budget contains funding for all or a portion of a CPI

increase for Nonprofit Corporations for the fiscal year, but a

Nonprofit Corporation does not receive an adequate increase in its

contract allocation to pay for the CPI increase for the fiscal year,

the Nonprofit Corporation may seek a one-year waiver from the CPI

increase or from that portion of the CPI increase that is unfunded.

The Nonprofit Corporation shall provide to the Contracting

Department a written statement, prepared and signed by the Nonprofit

Corporation, demonstrating that it has not received adequate

funding. The Contracting Department shall report to the Agency

whether the Nonprofit Corporation received from the Contracting

Department an increase in its contract allocation to pay for the CPI

increase and, if it received funding to pay only a portion of the

CPI increase, what portion of the increase was funded. If the

Department has not provided adequate funding to the Nonprofit

Corporation for the full CPI increase, it shall explain the reason

in its statement to the Agency. If the Department certifies that the

Nonprofit Corporation did not receive an adequate increase in its

contract allocation to pay for the CPI increase, the Agency shall

grant a one-year waiver from the CPI increase or the unfunded

portion of the increase as reported by the Contracting Department.

Each waiver shall be effective for a period of up to one (1) year,

and subsequent waivers may be requested and granted.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.9. SPECIAL WAIVER BY THE PUBLIC UTILITIES COMMISSION.*

The General Manager of the Public Utilities Commission may waive the

requirements of this Chapter where the Contractor is providing to or

on behalf of the San Francisco Public Utilities Commission services

relating to:

(a) The provision, conveyance or transmission of wholesale or bulk

water, electricity or natural gas; or

(b) Ancillary requirements such as spinning reserve, voltage

control, or loading scheduling, as required for ensuring reliable

services in accordance with good utility practice; provided,

however, that:

(1) The purchase of such services may not practically be

accomplished through the City's standard competitive bidding

procedures; and

(2) The Contractor is not providing direct, retail services to end

users within the geographic boundaries of the City.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000; Ord. 212-07,

File No. 070921, App. 9/14/2007)

*SEC. 12P.10. WAIVER THROUGH COLLECTIVE BARGAINING.*

All or any portion of the applicable requirements of this Chapter

may be waived in a bona fide collective bargaining agreement,

provided that such waiver is explicitly set forth in such agreement

in clear and unambiguous terms.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.11. CITY DEPARTMENTS TO COOPERATE WITH AGENCY.*

All City departments shall cooperate with the Agency by providing

such information and assistance as the Agency shall request with

respect to implementation of this Chapter.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.12. RELATIONSHIP TO OTHER REQUIREMENTS.*

This Chapter provides a minimum level of compensation and shall not

be construed to preempt or otherwise affect any other law,

regulation or requirement providing a higher level of compensation.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.13. REPORT BY AIRPORT DIRECTOR.*

One year after the Effective Date, the Airport Director shall

prepare a written report assessing the impact of this Chapter on

Airport property contracts, including any economic impact, benefits,

and recommended changes. The Airport Director shall submit the

report to the Clerk of the Board, who shall schedule a hearing

before the appropriate committee to consider the report.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.14. PREEMPTION.*

Nothing in this Chapter shall be interpreted or applied so as to

create any power or duty in conflict with any federal or State law.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.15. EFFECTIVE DATE.*

This Chapter shall become effective 30 days after it is adopted.

This Chapter is intended to have prospective effect only.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

*SEC. 12P.16. SEVERABILITY.*

If any part or provision of this Chapter, or the application of this

Chapter to any person or circumstance, is held invalid, the

remainder of this Chapter, including the application of such part or

provisions to other persons or circumstances, shall not be affected

by such a holding and shall continue in full force and effect. To

this end, the provisions of this Chapter are severable.

(Added by Ord. 216-00, File No. 001272, App. 8/9/2000)

San Francisco Living Wage Coalition

It's Time for A Living Wage

Minimum Compensation Ordinance