Living Wage Ordinance – San Francisco

Date: 21 Nov 2008 | posted in: equity | 0 Facebooktwitterredditmail

On August 21, 2000, the San Francisco Board of Supervisors passed a"minimum compensation" law that requires city service contractors, including nonprofit agencies, and leaseholders at San Francisco International Airport to pay workers at least $9 an hour. Wages will jump to $10 an hour next year followed by 2.5 percent raises for three more years. It also gives workers 12 paid days off and 10 unpaid days for family emergencies.

The plan will cover approximately 20,000 workers and widely considered to be one of the most ambitious.

Acompanion piece of the legislation will require covered employers to provide workers health insurance, join a city-run health insurance pool or pay into the City’s public health system fund at the rate of $1.25 an hour per employee. This would cover about 30,000 employees.

Thelegislation is the result of a compromise between the Board of Supervisors and the mayor’s office. For this reason the Board of Supervisors decided to dub it a "minimum compensation" law and not a"living wage" law, suggesting that $9 an hour is not a living wage in the Bay area. Supervisor Tom Ammiano had proposed a living wage law two years earlier that would have paid $11 an hour to some 31,000 workers.

 


San Francisco Minimum Compensation Ordinance

CHAPTER 12P

MlNlMUM COMPENSATlON

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.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, Approved 8/9/2000)

SEC. 12P.2 DEFINTIONS

As used in this Chapter the following capitalized terms shall have the following meanings:

"Agency" shall mean the Department of Administrative Services.

"City" shall mean the City and County of San Francisco.

"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 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. Notwithstanding the foregoing, the term "Contract" shall exclude:

(i) Excluded Subcontracts;

(ii)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;

(iii)Agreements for the purchase or lease of goods or for guarantees, warranties, shipping, delivery or initial installation of such goods;

(iv) Agreements entered into pursuant to settlement of legal proceedings;

(v)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;

(vi)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), or $50,000 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 $50,000 in the case of Nonprofit Corporations;

(vii)Agreements for the investment, management or use of trust assets where compliance with this Chapter would violate the fiduciary duties of the trustee;

(viii) Agreements entered into prior to the Effective Date (unless and until a Contract Amendment is entered into);

(ix)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;

(x) 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 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;

(xi) Agreements with a Contractor that is a public entity whose jurisdictional boundaries are not coterminous with those of the City;

(xii)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;

(xiii) 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 Chapter 6 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;

(xiv)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;

(xv)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

(C) Rehabilitate improvements owned or leased by the debtor or grantee; and

(xvi)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.

"Contract Amendment" shall mean an agreement entered into on or after the Effective Date, pursuant to which a Contract entered into prior to the Effective Date is modified or supplemented in order to: (i) extend the term; (ii) modify the total amount of payments due from the City under a Contract; (iii) modify the scope of services to be performed by a Contractor; or (iv) expand or relocate the premises covered under an airport property contract. The term does not include construction change orders.

"Contracting Department" shall mean the City department, office, commission or other City entity which enters into the applicable Contract on behalf of the City.

"Contractor" shall mean either:

(i) The person or entity that enters into a Services Contract with the City; or

(ii) In the case of an Included Subcontract, the subcontractor who enters into the Included Subcontract with the Contractor.

"Covered Employee" shall mean:

(a)An Employee of a Contractor who, during the applicable Pay Period, performs at least four (4) hours per week during the Pay Period work funded (in whole or in part) under the applicable Contract or to the project funded under the applicable Contract:

(i) Within the geographic boundaries of the City;

(ii) On real property owned or controlled by the City, but outside the geographic boundaries of the City; or

(iii) Elsewhere in the United States, but only if such related work performed elsewhere within the United States consists of at least ten (10) hours per each work week during the Pay Period in question.

(b)Notwithstanding the foregoing, the term "Covered Employee" shall exclude the following Employees of a Contractor that is a Nonprofit Corporation:

(i) Any Employee who is: (A) 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 (B) 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,

(ii) Any disabled Employee of a Contractor, which disabled Employee: (A) is covered by a current sub-minimum wage certificate issued to the Contractor by the U.S. Department of Labor; or (B) 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.

"Effective Date" shall mean the applicable effective date specified in Section 12P.12 of this Chapter.

"Employee" shall mean any person who is employed by a Contractor, including part-time and temporary employees.

"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.

"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: (i) agrees to assist a Contractor in performing a Contract; or (ii) 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.

"Minimum Compensation" shall mean each of the components required under Section 12P.3. of this Chapter.

"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.

"Pay Period" shall mean the applicable Contractor’s regular pay period.

SEC. 12P.3. MINIMUM COMPENSATION COMPONENTS.

Minimum Compensation shall consist of each of the following:

(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 2.5%.

(b) Compensated time off (at the compensation rates specified in subsection (a) 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.

(c) 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.

SEC. 12P.4 SAN FRANCISCO INTERNATIONAL AIRPORT.

Therequirements 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 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 for the exemption in Subsection (xvii) relating to property contracts). 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.

12P.5. CONTRACT REQUIREMENTS

Every 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 by 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.

(c)If, within thirty (30) days after the Contractor receives written notice by such a breach. Contractor fails to cure such breach or, if such bleach 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.

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 provide reports to the City in accordance with any reporting standards promulgated by the Agency.

(h)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:

(i) The Agency may conduct random audits of Contractors. Random audits shall be (i)noticed in advance in writing; (ii) limited to ascertaining whether Covered Employees are paid at least the minimum compensation required by this Article; (iii) accomplished through an examination of pertinent records at a mutually agreed upon time and location within ten (10)days of the written notice; and (iv) limited to one audit per Contractor every two 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.

(j) Any Contractor subject to the provisions of this Chapter shall promptly notify the Agency of any subcontractors performing services covered by this Chapter and shall certify to the Agency that it has notified the subcontractors of their obligations under this Chapter.

SEC. 12P.6. ADMINISTRATION AND ENFORCEMENT.

(a)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 providing administrative hearings requested by Covered Employees to determine 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) A Covered Employee may report to the Agency in writing any alleged breach by a Contractor of the terms required to be contained in the applicable Contract under this Chapter. The Agency shall investigate any such report. If the Agency determines that a Contractor is in breach of any such term, 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 i the monitoring activities of the Agency, the City desires to encourage reporting by Covered Employees pursilant to this subsection. The Agency shall keep confidential, to the maximum j extent permitted by applicable laws, the Covered Employee’s name and other identifying information.

(c)In addition to any other rights or remedies available to the 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:(i) the right to charge the Contractor an amount equal to the 11 difference between the Minimum Compensation levels required by this Chapter and compensation actually provided to each Covered Employee who was not paid in accordance with the terms of this Chapter, together with interest on such amount from the date payment was due at the maximum rate then permitted by law; The right to set off all or any portion of the amount described in the preceding clause (i) of this Subsection against amounts due to Contractor under the Contract; ( )the right to terminate the Contract in whole or in part; (iv) the event of a breach by Contractor of the covenant referred to in Section 12P.5(d), the rig to seek reinstatement of the affected Covered Employee or to obtain other appropriate equitable relief; and (iv) the right to bar a Contractor from entering into future contracts wit the City for three (3) years. Each of these rights shall be exercisable individually or 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. (d) Each Covered Employee shall be a third-party beneficiary under the Contract 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 I2P.S(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 the contracting Department fails to obtain the cure of a breach by the contractor Within (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 obtain compliance, within the 21-day waiting period and provided notice to the Covered Employee that action. If the Covered Employee prevails in such action, the Covered Employee may 18 awarded: (A) an amount equal to the difference between the Minimum Compensation any compensation actually provided to the Covered Employee, together with interest on such amount from the date payment was due at the maximum rate then permitted by law; II

(d)in the event of a breach by Contractor of the covenant referred to in Section 12P.5 right to seek reinstatement or to obtain other appropriate equitable relief.

(e) In the event of any legal action or proceeding between Contractor and Covered Employee arising from this Agreement, the unsuccessful party to such action proceeding shall pay for the prevailing party all costs and expenses, including reasonablyattorney’s 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. This Article does not authorize any award of expenses, or attorney’s fees in favor of or against the City.

(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.

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

The Agency shall waive the requirements of this Chapter under the following circumstances:
(a) The Contracting Department has certified in writing to the Agency, and the Agency has found that:
(i) Either (A) there is only one prospective Contractor willing to enter into the applicable Contract on the terms and conditions
established by the City (other than the requirements of this Chapter); or (B) the needed services under the applicable Services
Contract are available only from a sole source; and
(ii) The prospective Contractor is not currently disqualified from doing business with the City or any other governmental
agency.
(b) The Contracting Department has certified in writing to the Agency(prior to the Controller’s contract certification), and the
Agency has found that:
(i) 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
(ii) 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.
(c) The Contracting Department has certified in writing to the Agency, and the Agency has found that:
(i) There are no qualified responsive bidders or prospective vendors that comply with the requirements of this Chapter; and
(ii) The Contract is for a service, project, or property that is essential to the City or the public.
(d) The Contracting Department has certified in writing to the Agency, and the Agency has found that:
(i) The Services to be purchased are available under a bulk purchasing arrangement with a federal, state or local governmental
entity;
(ii) Purchase under such arrangement will substantially reduce the City’s cost of purchasing such Services; and
(iii) Purchase under such an arrangement is in the best interest of the City or the public.

SEC. 12P.8. ADDITIONAL WAIVERS BY THE AGENCYÑNONPROFIT CORPORATIONS

ANonprofit Corporation may seek a waiver from the requirements of the adjustments provided in 12P.3(a)(ii) and (iii) if the highest paid managerial position in the organization earns a salary which, when calculated on an hourly basis, is not more than six 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 of 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 may grant the requested waiver. Each waiver shall be effective for a period of up to one year, and subsequent waivers may be requested and granted.

SEC. 12P.9. SPEClAL WAlVER BY THE PUBLlC UTlLlTlES COMMlSSlON.

TheGeneral 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 natura 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: (i) the purchase of such services may practically be accomplished through the Cities standard competitive bidding procedures; and (ii) the Contractor is not providing direct, retail services to end users within the geographic boundaries of the City.

SEC. 12P.10. WAlVER THROUGH COLLECTlVE BARGAINING.

Allor 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.

SEC. 12P.11. ClTY DEPARTMENTS TO COOPERATE WlTH AGENCY.

AllCity departments shall cooperate with the Agency by providing such information and assistance and the Agency shall request with respect to implementation of this Chapter.

SEC. 12P.12 RELATIONSHIP TO OTHER REQUIREMENT

ThisChapter 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.

SEC. 12P.13. REPORT BY AlRPORT DIRECTOR.

Oneyear 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. "

SEC. 12P.14. PREEMPTlON.

Nothingin this Chapter shall be interpreted or application so as to create any power or duty in conflict with any federal or state law.

SEC. 12P.15 EFFECTlVE DATE.

This Chapter shall become effective 30 days after it is adopted This Chapter is intended to have prospective effect only.

SEC. 12P.16. SEVERABILITY.

Ifany 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.