Chapter 10B — SPECIAL LAW ENFORCEMENT AND PUBLIC WORKS SERVICES

Sec. 10B.1. Request for Police Services.

Sec. 10B.2. Payment for Services; Report.

Sec. 10B.3. Rates of Pay.

Sec. 10B.4. Minimum Assignment.

Sec. 10B.5. General Provisions.

Sec. 10B.11. Request for Street-Cleaning and Related Services.

Sec. 10B.12. Payment for Services.

Sec. 10B.13. Rates of Pay.

Sec. 10B.14. Minimum Assignment.

Sec. 10B.15. General Provisions.

Sec. 10B.16. Request for Parking Enforcement and Traffic Control and Related Services.

Sec. 10B.17. Payment for Services.

Sec. 10B.18. Rates of Pay.

Sec. 10B.19. Minimum Assignment.

Sec. 10B.20. Payments in Arrears.

Sec. 10B.21. Authority to Perform Services for Governmental Entities and for Utilities.

(a) Definitions. For purposes of Sections 10B.1 through 10B.5, the following definitions shall apply:

" ABC Application " shall mean a California Department of Alcohol Beverage Control Daily License Application Form or any successor form.

" Approval " shall mean the Chief's signature.

" Chief " shall mean the Chief of the Police Department or the Chief's designee.

" Department " shall mean the Police Department.

" Event Organizer " shall mean the person, firm, corporation, or organization hosting a cultural, recreational, entertainment, arts, educational, civic or religious event, including festivals and block parties, and seeking additional personnel, equipment, or materials of the Department, for law enforcement purposes within the City and County of San Francisco.

" Security Plan " shall mean a plan drafted by the Event Organizer that adequately addresses the safety of persons and property associated with the event subject to the request for police services. The definition of Security Plan in this Subsection 10B.1(a) does not limit the discretion of the Department to impose more stringent requirements for a Security Plan as circumstances warrant.

(b) Any person, corporation, firm or organization desiring additional personnel, equipment, or materials of the Department, for law enforcement purposes within the City and County of San Francisco, may request the Department to provide such personnel to perform such services. Any request for police services shall include a Security Plan. Any request for police services for an event that requires a California Department of Alcohol Beverage Control license, shall include a request for Department approval of an ABC Application.

(c) If the Chief approves the request for police services, the Chief may detail such personnel for such services in the number he or she determines to be necessary to perform the services.

(1) If an Event Organizer requests police services and/or approval of an ABC Application at least 125 days before a proposed event, the Department must notify the Event Organizer in writing of approval or denial of the request for police services and/or ABC Application and include a statement of reasons for any denial no later than 90 days before the event.

(2) If an Event Organizer requests police services and/or approval of an ABC application less than 125 days before a proposed event, the Department shall make reasonable efforts to notify the Event Organizer in writing of approval or denial of the request for police services and/or ABC Application and include a statement of reasons for any denial, as soon as practicable and if possible at least 20 days before the proposed event.

(3) If the request for police services is approved, the Chief shall include with the approval a written staffing plan that includes the number of personnel to be detailed in response to the request, the approximate personnel location assignments, the anticipated shifts for all detailed personnel, and the contact information of the person to be assigned to supervise those personnel.

(4) If the Chief determines that the requested police services will require dispatch services from the Department of Emergency Management, the Chief shall notify the Executive Director of the Department of Emergency Management, and the Executive Director may detail such personnel for such services in the number he or she determines to be necessary to perform the dispatch services.

(d) An Event Organizer whose request for police services and/or approval of its ABC Application has been denied may submit a request for reconsideration of either or both denials to the Chief in writing within 10 days of receipt of the denial. An Event Organizer whose request for police services has been approved may submit a request for reconsideration of the written staffing plan to the Chief in writing within 10 days of receipt of the plan.

(e) The Chief must inform the Event Organizer in writing of his or her final decision regarding any request for reconsideration made under subsection (d) within 10 days of receipt of the request for reconsideration.

(f) In enacting and implementing this Section 10B.1, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation tor breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

(Amended by Ord. 228-78, App. 5/12/78; Ord. 388-88, App. 8/26/88; Ord. 69-10, File No. 100112, App. 4/8/2010; Ord. 29-16, File No. 151228, App. 3/11/2016, Eff. 4/10/2016)

(a) Except as provided in subsection (f), below, the Event Organizer shall pay to the Department such sums of money as may be necessary to pay for the additional services, including any dispatch services provided by the Department of Emergency Management. The payment shall include a component for Department services, computed based upon the rate paid or payable to those uniformed officers of the Department actually performing services at the time they are to perform such additional duties, and the cost of additional equipment and materials expended, together with an administrative overhead charge to cover the proportionate percentage of the Department's administrative costs that are attributable in the Department's reasonable discretion to the work performed pursuant to the request. The payment shall also include a component for any dispatch services provided by the Department of Emergency Management, which shall be computed by the Department of Emergency Management based on the rate paid or payable to the dispatch personnel actually performing services at the time they are to perform such additional duties.

No Event Organizer that contracts with the Department for additional services that are: 1) of the type normally provided by Police Officers on patrol in the designated area; and 2) to be provided at least four days per week, each week, for a period in excess of one year, shall be required to pay an administrative overhead charge, unless such additional services are provided in conjunction with a City permit or license, or are otherwise necessary to mitigate a negative impact created by the activity of the Event Organizer contracting for the additional services.

(b) The Department shall provide an estimate of the payment for such services, including an estimate from the Department of Emergency Management for any dispatch services, to the Event Organizer within a reasonable time prior to the date service is to be rendered. Upon request, the Department shall provide the estimate of the payment for such services to the Event Organizer within 30 days of receiving the request. The Event Organizer shall deposit the amount of estimated funds with the Department prior to the time that the Department renders the requested service. The Department may waive the deposit requirement if services are requested for 30 days or more, or if the Department reasonably believes that a waiver is justified.

(c) Within a reasonable time after the services are rendered, the Chief shall determine the amount of payment due. The amount due shall be based on actual services performed by the Department and any dispatch services by the Department of Emergency Management. If the deposit pursuant to subsection (b) is insufficient to cover the cost of police and dispatch services, the Chief shall notify the Event Organizer by United States mail to the address listed on the request for such services and that party shall have ten days to pay the balance. If the amount deposited exceeds the actual costs, the Chief shall authorize a refund of the excess to the applicant at the address shown on the application.

) is insufficient to cover the cost of police and dispatch services, the Chief shall notify the Event Organizer by United States mail to the address listed on the request for such services and that party shall have ten days to pay the balance. If the amount deposited exceeds the actual costs, the Chief shall authorize a refund of the excess to the applicant at the address shown on the application.

(d) The Department shall deposit with the Treasurer such sums as received in a special account designated public facilities overtime account; provided, however, that the amount for the Department representing administrative overhead shall be deposited to the general fund unappropriated balance of funds, and the amount for the Department of Emergency Management's dispatch services shall be transferred to the Department of Emergency Management.

(e) Within 60 days of the final date on which the services are rendered, the Department shall provide to the Event Organizer and the Entertainment Commission a written report setting forth the number of personnel detailed, their approximate locations and shifts during the event, the number and location of arrests, detentions, or citations conducted or issued by the detailed personnel at the event, and the difference if any between the estimate of the payment for the services provided under Section 10B.2(b) and the amount of payment due under Section 10B.2(c). The Entertainment Commission shall provide an annual report to the Board of Supervisors comprised of the data collected that calendar year.

(f) The Event Organizer shall indemnify, hold harmless and defend said City and County of San Francisco, the Department, the Department of Emergency Management, and all City and County officers, agents and employees, from and against all liability, judgments or claims for personal or bodily injuries, false arrest and false imprisonment caused by or purportedly caused by such personnel in the rendering of such services.

(g) The City shall not waive payment for additional police or dispatch services pursuant to this Chapter 10B except by ordinance of the Board of Supervisors.

(Amended by Ord. 494-85, App. 11/8/85; Ord. 388-88, App. 8/26/88; Ord. 10-00, File No. 992233, App. 2/9/2000; Ord. 158-02, File No. 021082, App. 7/12/2002; Ord. 276-03, File No. 031466, App. 12/12/2003; Ord. 211-04, File No. 040322, App. 8/25/2004; Ord. 280-05, File No. 051887, App. 12/16/2005; Ord. 69-10, File No. 100112, App. 4/8/2010; Ord. 29-16, File No. 151228, App. 3/11/2016, Eff. 4/10/2016)

For services performed in excess of the basic week, Police Department members shall be compensated on the basis of time and one-half in accordance with the ratio which said excess service bears to the basic week of service and the annual compensation provided therefor in Section A8.451 of the City Charter and applicable memoranda of understanding.

For services performed in excess of the basic work week, Department of Emergency Management personnel shall be compensated on the basis of time and one-half in accordance with the ratio which said excess service bears to the basic week of service and the annual compensation provided therefor in applicable memoranda of understanding.

(Amended by Ord. 571-83, App. 12/2/83; Ord. 158-02, File No. 021082, App. 7/12/2002; Ord. 69-10, File No. 100112, App. 4/8/2010)

Requested services from the Police Department shall be compensated upon the basis of four hours per employee minimum per assignment.

(Added by Ord. 318-73, App. 8/10/73; Ord. 69-10, File No. 100112, App. 4/8/2010)

A member of the San Francisco Police Department or Department of Emergency Management, detailed to perform services pursuant to this Chapter, shall not be entitled to any additional overtime benefits over the above those provided herein.

(Added by Ord. 318-73, App. 8/10/73; Ord. 69-10, File No. 100112, App. 4/8/2010)

Any person, corporation, firm or organization desiring additional personnel, equipment and materials of the San Francisco Department of Public Works, for street-cleaning and related services within the City and County of San Francisco, may request the Director of the Department of Public Works to provide such personnel to perform such services. If the Director approves the request, he or she may detail such personnel for such services in the number he or she determines to be necessary to perform the services.

(Added by Ord. 389-88, App. 8/26/88)

The person, firm or organization desiring such personnel shall pay to the Department such sums of money as the Director of Public Works estimates shall be necessary to cover the actual costs of the services to be provided, together with an administrative overhead charge to cover the proportionate percentage of the Department's administrative costs that are attributable in the Department's reasonable discretion to the work performed pursuant to the request. Such person, corporation, firm or organization shall indemnify, hold harmless and defend said City and County of San Francisco, the Department of Public Works, and all the officers, agents and employees of either, from any and all liability, judgments or claims for personal or bodily injuries, property damage, or other injuries caused by or purportedly caused by such personnel in the rendering of such services.

(Added by Ord. 389-88, App. 8/26/88; amended by Ord. 158-02, File No. 021082, App. 7/12/2002)

For services performed in excess of the basic week, Department employees shall be compensated on the basis of time and one-half in accordance with the ratio which said excess service bears to the basic week of service and the annual compensation provided therefor in the City Charter.

(Added by Ord. 389-88, App. 8/26/88)

Requested services shall be compensated upon the basis of four hours per employee minimum per assignment.

(Added by Ord. 389-88, App. 8/26/88)

Employees of the Department, detailed to perform services pursuant to this chapter, shall not be entitled to any additional overtime benefits over and above those provided herein.

(Added by Ord. 389-88, App. 8/26/88)

Any person, corporation, firm or other organization desiring additional personnel, equipment and materials of the San Francisco Department of Parking and Traffic (for purposes of Section 10B.16 through 10B.19, the "Department") for parking enforcement, traffic control and related services within the City and County of San Francisco, may request the Director of the Department (for purposes of Section 10B.16 through 10B.19, the "Director") to provide such personnel to perform such services. If the Director approves the request, he or she may detail such personnel for such services in the number he or she determines to be necessary to perform the services.

(Added by Ord. 414-93, App. 12/23/93)

After a request is made for services pursuant to Section 10B.16, the Director shall transmit to the person requesting such services an invoice for the estimated fee necessary to cover the actual costs of the services to be provided, together with an administrative overhead charge to cover the proportionate percentage of the Department's administrative costs that are attributable in the Department's reasonable discretion to the work performed pursuant to the request. No later than 10 days prior to the date on which such services are to be provided, the person, corporation, firm or other organization having requested such services shall deposit with the Department the sum of money shown on such invoice. Within a reasonable time after the requested services have been provided, the Director shall determine the actual cost of the requested services provided by the Department. If the amount of the deposit is insufficient to cover the cost of the requested services, plus the administrative overhead charge, the Director shall notify the person or entity requesting the services by United States mail to the address listed on the request, and he or she shall have 10 days to pay the balance. If the amount deposited exceeds the actual costs plus the administrative overhead charge, the Director shall authorize a refund of the excess to the person or entity having made the request. If for any reason the request for services is withdrawn after a deposit is made of the estimated costs, the person or entity having requested the services shall be entitled to a refund of that portion of the deposit made representing the costs saved by the Department by reason of the cancellation of the requested services. Each person, corporation, firm or other organization requesting services under this Article shall indemnify, hold harmless and defend the City and County of San Francisco, the Department, and all the officers, agents and employees of both, from any and all liability, judgments or claims for personal or bodily injuries, property damage, or other injuries caused by or purportedly caused by such personnel in the rendering of such services.

(Added by Ord. 414-93, App. 12/23/93)

For services performed in excess of the basic week, Department employees shall be compensated on the basis of time and one-half, based upon the annual compensation provided for such employees in the City Charter. Employees of the Department detailed to perform services pursuant to this chapter shall not be entitled to any overtime benefits in addition to those provided herein.

(Added by Ord. 414-93, App. 12/23/93)

Requested services shall be compensated upon the basis of four hours per employee minimum per assignment.

(Added by Ord. 414-93, App. 12/23/93)

(a) The Interdepartmental Staff Committee on Traffic and Transportation, San Francisco Police Department, Department of Public Works, and Department of Parking and Traffic, or their successor agencies, shall not approve or issue any street closure permits or any other permits or licenses for any purpose to any person, corporation, firm or organization in arrears for 90 days or more for the payments required under Chapter 10B.

(b) No person, corporation, firm, or organization who obtained a street closure permit under Chapter 10B, while being in arrears as described in this section, shall be eligible for any future street closure permit under Article 21 of the Traffic Code for five years from the date the first permit was issued. A person, corporation, firm, or organization denied a permit under this subsection may request a hearing before the Director of Public Works or his or her designee to determine whether the permit applicant was in fact in arrears at the time of obtaining the first permit.

The Board of Supervisors may by resolution waive or reduce the period of disqualification provided in this subsection.

(Added by Ord. 189-04, File No. 040766, App. 7/22/2004; amended by Ord. 280-05, File No. 051887, App. 12/16/2005)

Each department of the City and County of San Francisco, which in the normal operations under its power and duties is by law and upon deposit of moneys by persons, firms or corporations authorized to perform certain services for and at the cost and expense of said persons, firms or corporations is hereby authorized to perform similar services for the United States of America, the State of California, or any division or agency of either, upon receipt of a legal and proper order or contract to pay to the City and County of San Francisco the full cost and expense of performing the required

services upon completion thereof. City-owned public utilities may, with approval of the Controller, perform services for public or privately owned utilities in the manner provided in this paragraph.

(Added by Ord. 164-04, File No. 040756, App. 7/22/2004)