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Title:
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Labor and Employment Code - Prevailing Wages for Street Cleaning Services
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Minutes note:
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Heard in Committee. Speaker(s): Supervisor Myrna Melgar (Board of Supervisors); Christina Malamut (Office of the Budget and Legislative Analyst); Chris Schulman (San Francisco Benefit District Alliance); provided an overview and responded to questions raised throughout the discussion. David De La Torre; James Bryan; Toby Price; Anthony Travis; Chris Gruwell; Theresa Foglio-Ramirez; Arturo Seinz; Joshua Arce; Bruce Agid (South Beach|Rincon|Mission Bay Neighborhood Association); Madison Griffin; James Thuerwachter; Patrick Boileau; Bertha; Victor Delatoro; Danny Garcia; Alejandro Martinez; Shade Sartin; Ruben Johnson; Casey dos Santos Allen; Speaker; Kim Tavaglione; Speaker; spoke in support of the ordinance matter.
Supervisor Chen requested to be added as a co-sponsor.
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Action:
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AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE
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Action text:
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Vice Chair Chen moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 7, through Page 3, Line 7, to read '“Bulk Waste Removal” means the removal of discarded bulk waste and debris, including by means of mechanical or manual street sweeping. Bulk Waste Removal does not include occasional small litter pick-up. “Contract” means an agreement to be performed at the expense of the City or to be paid out of moneys deposited in the City treasury or out of trust moneys under the control of or collected by the City. “Grant” means “Grant” as defined in Administrative Code Section 21G.2, as amended from time to time. “Power Washing” means using a high-pressure stream of water in cold and hot temperatures. “Public right-of-way” means “public right-of-way” as defined in Public Works Code Section 2.4.4, as amended from time to time. “Steam Cleaning” means cleaning where the steam is the primary source of cleaning, including but not limited to steam pressure washing and wet sandblasting. “Street Cleaning Services” means services that maintain the cleanliness of the public right-of-way, including but not limited to Bulk Waste Removal, Power Washing, and Steam Cleaning, in the public right of way. (b) Prevailing Wage Requirement. Every Contract or Grant awarded or issued by the City for the primary purpose of providing Street Cleaning Services must require that any Individual performing Street Cleaning Services be paid not less than the Prevailing Rate of Wages as determined in accordance with Section 103.2.'; on Page 3, Line 8, through Page 4, Line 16, by adding '(c) Exemptions. (1) Contracts or Grants Under the Delegated Purchasing Amount or with Durations of One Year or Less. This Section 102.12 shall not apply to a Contract or Grant with a contract amount under the Delegated Purchasing Amount as defined in Administrative Code Section 21.02, or with a duration of one year or less. If any previously exempted Contract or Grant is amended such that the contract amount exceeds the Delegated Purchasing Amount or the duration exceeds one year, the prevailing wage requirement in this Section 102.12 shall apply to the Contract or Grant amendment. (2) Contracts or Grants with Community Benefit Districts. This Section 102.12 shall not apply to a Contract or Grant with an owners’ association as defined in California Streets and Highways Code Section 36612 where the agreement is paid out of moneys collected through parcel assessments. (3) Workforce Development Contracts or Grants. (A) This Section 102.12 shall not apply to a Contract or Grant with a non-profit organization where Street Cleaning Services are provided through a workforce development program so long as the workforce development program meets the following criteria: (i) the duration of the agreement with the City is for a minimum of three years; (ii) the workforce development program has a placement rate of at least 51%, assessed at the end of the first three-year contract; and (iii) individuals may participate in the workforce development program for no more than three years. (B) The workforce development program exemption in this subsection (c)(3) shall become effective on the effective date of the ordinance in Board File No. 260084, but the non-profit workforce development program does not need to comply with the criteria in subsections (c)(3)(A)(i) through (iii) until July 1, 2029. (4) Community Challenge Grants. This Section 102.12 shall not apply to Grants funded through the City Administrator’s Community Challenge Grant Program. (5) Incidental Street Cleaning Services. This Section 102.12 shall not apply to Contracts or Grants where the Street Cleaning Services are incidental to the services provided under the agreement, so long as the services do not involve Bulk Waste Removal, Steam Cleaning, or Power Washing.'; on Page 5, Lines 1-6, by adding '(g) Collective Bargaining Agreements. Nothing in this Section 102.12 shall be interpreted or applied to modify, change, supersede, or take precedence over the terms of any applicable Memorandum of Understanding between the City and any employee organization recognized under Article XI-A of the Administrative Code (the Employee Relations Ordinance), including but not limited to the Laborers’ International Union, Local 261 MOU (July 1, 2022-June 30, 2027) and any successor agreement.'; and by making other clarifying and conforming changes throughout the ordinance text. The motion carried by the following vote:
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