DATE ISSUED: October 30, 2013 REPORT NO: 13-085 ATTENTION Budget and Finance Committee Agenda of October 30, 2013 SUBJECT: Living Wage Ordinance Annual Report for Fiscal Year 2013 REFERENCE: Living Wage Ordinance: San Diego Municipal Code Chapter 2, Article 2, Division 42 REQUESTED ACTION: Accept report. STAFF RECOMMENDATION: Accept report. BACKGROUND: This annual report describes administration of the Living Wage Ordinance [LWO] during Fiscal Year 2013 (July 1, 2012 – June 30, 2013). The LWO, adopted in June 2005 and effective beginning July 1, 2006, requires employers to compensate employees who perform work on applicable service contracts under a predetermined wage structure. An annual report has not been submitted to Council since March 2010 due to staff vacancies and, in part, difficulty confirming accurate contract data post-SAP transition; these matters are now resolved. For reference, full text of the Living Wage Ordinance, San Diego Municipal Code [SDMC] Chapter 2, Article 2, Division 42, (Attachment A) is included with this report. A one-page summary of LWO applicability, exemptions, and requirements is also provided as Living Wage Ordinance Synopsis (Attachment B). EXECUTIVE SUMMARY: In Fiscal Year 2013, the Living Wage Program was located in the Administration Department. Effective July 1, 2013, the program was moved into Purchasing & Contracting Department. During Fiscal Year 2013, the Living Wage hourly rate was $11.47 plus $2.30 in health benefits for a total of $13.77. This reflected a 3.0% cost-of-living increase from the prior calendar year. The cost-of-living increase for the previous two fiscal years totaled 1.3%. The LWO hourly rate for Fiscal Year 2014 is $11.65 plus $2.34 in health benefits for a total of $13.99. During the eight years since passage of the Living Wage Ordinance, the hourly wage rate has increased $1.99 (15.5%, the region’s cost-of-living increase as published by the Department of Labor). [See Chart 2.] A total of 133 LWO contracts were active in FY 2013 with a combined value of $32,961,041, as measured by the Purchasing Agreement amount. Landscaping services were the largest portion (56% of all LWO contracts and 41% of LWO contract dollars). Sixty covered employers held LWO contracts. [See Charts 4, 5, 6 and 7.] LWO Compliance Reviews were conducted for 30 firms since inception of the Ordinance. The reviews found 43% of firms examined had underpaid covered employees and 37% did not provide required compensated leave time. Discrepancies were identified in 50% of all LWO Compliance Reviews. [See Charts 10, 11, 12 and 13.] Only one LWO Employee Complaint was received during FY 2013. In the history of the LWO, 47 LWO Complaints were investigated; 48.9% were found to be violations. Backpay in a total amount of $283,318 has been recovered for employees. [See Charts 14, 15 and 16.] Fifty-eight covered employers (100%) submitted an Annual Contractor Compliance Report as required by SDMC §22.4225(d). In response to a query, 59% stated they believed the LWO reduced their firm’s absenteeism or turnover; 59% also confirmed the LWO improved their firm’s quality of service. [See Chart 17.] Most covered employers successfully comply with requirements of the Living Wage Ordinance; however, compliance reviews and complaint investigations reveal lingering problems. Some covered employers underpay workers and do not increase wages on July 1 when required, even though they’re notified directly by the Living Wage Program. Many employers on LWO-covered contracts have not established procedures to track employee work hours or accrual of compensated leave time. Interviews with covered employees consistently indicate their employer neglects to notify them of their rights under the LWO as required. The Living Wage Program seeks to remedy these discrepancies through increased direct communications with covered employers, maintenance of dedicated City web pages with clear information regarding covered employers’ obligations, aggressive investigation of complaints, and continued execution of proactive compliance reviews. Information in the Executive Summary is expanded upon in the body of this report. 2 LWO PROGRAM ADMINISTRATION DURING FISCAL YEAR 2013 LWO Administration In accordance with SDMC §22.4235(a), Rules Implementing the Living Wage Ordinance (provided for Fiscal Year 2013 with this report as Attachment C) are posted on the City’s website at sandiego.gov/administration/programs/living wage. Sections in the Rules clarify components of the LWO:  Applicability;  Exemptions;  Employer Requirements;  Recordkeeping and Reports;  Monitoring and Investigation;  Enforcement; and  Employee Complaint Process. Appendices to the Rules include relevant notices and forms:  Current Living Wage Rates;  LWO Notice to Employees (English, Spanish);  Earned Income Tax Credit information sheet (English, Spanish);  LWO Certification of Compliance form;  LWO Application for Exemption form; and  LWO Employee Complaint Form (English, Spanish). Additional information is maintained on the City’s website and updated as required. The Living Wage Program consists of two staff positions, one Supervising Management Analyst and one Senior Management Analyst; these positions also administer the City’s Equal Benefits Program. The Senior Management Analyst position remained vacant for five months during the year. Program staffing costs are shown in Chart 1, LWO Program Staff Costs in FY 2013. CHART 1: Classification LWO PROGRAM STAFF COSTS IN FISCAL YEAR 2013 Employees Salary Fringe Total BUDGETED: Supervising Management Analyst 1.00 FTE $76,037 + $30,616 = $106,653 Senior Management Analyst 1.00 FTE $59,363 + $40,736 = $100,099 2.00 FTE $135,400 + $71,352 = $206,752 ACTUAL: Supervising Management Analyst 1.00 FTE $76,037 + $30,616 = $106,653 Senior Management Analyst 0.55 FTE $32,650 + $22,405 = $55,055 1.55 FTE $108,687 + $53,021 = $161,708 TOTAL TOTAL 3 LWO Program functions include: determination of applicability; investigation and resolution of complaints; performance of contract compliance reviews; compilation of annual compliance report from covered employers; record maintenance; provision of information in response to requests from contractors, workers, City Facility operators, the public, and City staff; and posting and distribution of informational materials including annual wage adjustment and Rules Implementing the LWO. The City Attorney’s Office expended staff time to support Living Wage enforcement during Fiscal Year 2013 by providing advice on issues upon request. No litigation expenses were incurred during this fiscal year. Annual LWO Wage Adjustment SDMC §22.4220(b) stipulates an upward adjustment of hourly wage and health benefit rates to take effect each year on July 1 and requires new rates to be posted on the City’s website prior to April 1. This adjustment is based on the prior calendar year’s Consumer Price Index for All Urban Consumers for the San Diego–Carlsbad–San Marcos Metropolitan Statistical Area as published (in February) by the U.S. Department of Labor, Bureau of Labor Statistics. Chart 2, City of San Diego Living Wage Rates, lists a history of LWO wage and health benefit rates. CHART 2: CITY OF SAN DIEGO LIVING WAGE RATES Year Effective Dates Increase Wage + Health Benefit Full Cash Wage FY 2014 July 1, 2013 – June 30, 2014 1.6% $11.65 + $2.34 /hr $13.99 /hr FY 2013 July 1, 2012 – June 30, 2013 3.0% $11.47 + $2.30 /hr $13.77 /hr FY 2012 July 1, 2011 – June 30, 2012 1.3% $11.14 + $2.23 /hr $13.37 /hr FY 2011 July 1, 2010 – June 30, 2011 0.0% $11.00 + $2.20 /hr $13.20 /hr FY 2010 July 1, 2009 – June 30, 2010 3.9% $11.00 + $2.20 /hr $13.20 /hr FY 2009 July 1, 2008 – June 30, 2009 2.3% $10.58 + $2.12 /hr $12.70 /hr FY 2008 July 1, 2007 – June 30, 2008 3.4% $10.34 + $2.07 /hr $12.41 /hr FY 2007 July 1, 2006 – June 30, 2007 N/A $10.00 + $2.00 /hr $12.00 /hr The Purpose and Intent (SDMC §22.4201) of the Living Wage Ordinance states, in part: “It is the experience of the City that many of these services to the public and to the City are provided by workers who live at or below the poverty line. This division provides that when agreements … are extended by the City to private businesses these taxpayer funded benefits are used in a way that advances the interests of the City as a whole, by creating jobs that keep workers and their families out of poverty.” Chart 3, Annual Earnings for Various Wage Rates, compares annual incomes for Living Wage rates, California minimum wage rate and the U.S. Census Bureau’s poverty threshold. 4 CHART 3: ANNUAL EARNINGS FOR VARIOUS WAGE RATES █ CA minimum wage $16,640 @ $8.00/hr █ US Census Bureau poverty threshold █ FY13 LWO rate with health benefit █ FY13 LWO rate paid full cash $23,492 $23,858 @ $11.47/hr $28,642 @ $13.77/hr LWO Contracts During Fiscal Year 2013, there were a total of 133 active LWO contracts with a value of $32,961,041, as measured by the Purchasing Agreement amount. Detailed spreadsheets are provided as attachments to this report in three views:  LWO Contracts in Fiscal Year 2013, Sorted by Contract Number [Attachment D];  LWO Contracts in Fiscal Year 2013, Sorted by Bid Number [Attachment E]; and  LWO Contracts in Fiscal Year 2013, Sorted by Commodity Type [Attachment F]. Chart 4, Number of Living Wage Contracts in FY13, shows a comparison of contracts for various commodity types based on the number of contracts and the percentage of the total. CHART 4: NUMBER OF LIVING WAGE CONTRACTS IN FY13 5 Landscaping contracts (74) were more than half of all LWO contracts. The second largest commodity by number of contracts was Janitorial (19). Waste Collection and Disposal (10) and Water and Wastewater Maintenance (9) followed. Security guard services (7) had the fifth highest total. The remaining five commodity types together composed the final ten percent. Chart 5, Value of Living Wage Contracts in FY13 is a graphic representation of the value of contracts for various commodity types. The value is the Purchasing Agreement amount for each contract for the fiscal year. CHART 5: VALUE OF LIVING WAGE CONTRACTS IN FY13 From a perspective of contract cost – as differentiated from the number of contracts – percentages of the various contract commodity types differed. Landscaping ($13,338,707) remained the greatest portion of expense at 41%. Its value was nearly twice that of the second largest commodity cost, Security guard services ($6,996,791). Waste Collection and Disposal ($5,097,226) came in third. Janitorial ($2,737,392), though second in the number of contracts, ranked fourth in total value of contracts. Water and Wastewater Maintenance ($1,889,066) followed. The value for Parking Management ($1,028,461) does not reflect the fact that the City receives a certain amount of revenue for these contracts. The final four commodity types together amounted to less than 5%of LWO contract expenditures. Because Landscaping contracts represent such a large portion of the City’s LWO contracting dollars, a more detailed view is provided in Chart 6, Landscaping LWO Contracts in FY13. 6 LANDSCAPING LWO CONTRACTS IN FY13 CHART 6: There were a total of 74 Landscape contracts performed by 17 contractors for $13,338,707. Maintenance Assessment District [MAD] contracts (41) were the largest portion (41%) with a cost of $8,708,006 which was 65.3% of total Landscape cost. Two Brush contracts had a value of $1,441,037. Eleven Facilities contracts cost $1,285,438. Two Tree maintenance contracts totaled $1,002,825. There were 18 Landscape maintenance contracts for Parks at a cost of $901,401. LWO Covered Employers During Fiscal Year 2013, sixty covered employers held LWO contracts. Detailed information is provided as attachments to this report in three views:  LWO Contracts in Fiscal Year 2013, Sorted by Contractors [Attachment G];  LWO Contractors in Fiscal Year 2013, Sorted by Total Contract Value [Attachment H]; and  LWO Contractors in Fiscal Year 2013, Sorted by Number of Contracts [Attachment I]. All covered employers are listed in Chart 7, LWO Covered Employers in Fiscal Year 2013: Chart 7 LWO COVERED EMPLOYERS IN FISCAL YEAR 2013 Able Patrol and Guard Acacia Landscape Company Ace Parking Management, Inc Allied Industries Inc Allied Waste Services Atlas Portable Services, Inc Aztec Landscaping, Inc B & Z Builders, Inc Benchmark Landscape Services Inc Blue Skies Landscape Maintenance Inc Brewer Lawn Maintenance, Inc Burns and Sons Trucking, Inc Cannon Pacific Cartwright Termite & Pest Control Centerplate Clean Harbors Environmental Complete Relocation Services, Inc Contemporary Design Landscape Coverall Health Based Cleaning Diamond Environmental Services DMS Services Elite Show Services Epic Pest Control Eric J Friend FRS Environmental Inc G4S Secure Solutions Goldkamp Landscaping ISS Facility Services Inc Jani-King of California, Inc Kovatch Mobile Equipment Corp Landcare Logic Landscapes USA, Inc Merchants Building Maintenance Miller Environmental, Inc Nissho of California, Inc NMS Management, Inc Ocean Blue Environmental Services Patriot Environmental Services Pestmaster Services Ponderosa Landscape, Inc 7 Powerland Equipment, Inc Prizm Janitorial Services Inc Quality Coast, Inc Qualityway Building Service Reliable Tire Company Road Works, Inc Ron’s Maintenance Securitas Security Services So Cal Tree Care, Inc South Bay Fence, Inc T & T Janitorial Terra Renewal TP Janitorial Services Treebeard Landscape, Inc Tried & True Corporate Cleaning United Sites Services of CA Inc US Security Associates, Inc Ware Disposal West Coast Arborists, Inc Westturf Landscape Maintenance Chart 8, Contractors with Highest Value and Number of LWO Contracts in FY13, shows the highest-earning contractors totals for LWO-covered contracts by dollar value and total contracts. (Note: Total amount for Ace Parking Management, Inc. includes revenue amounts.) Aztec Landscaping, Inc., held 20 contracts (15% of all LWO contracts) for a total value of $3,035,682 (9.2% of LWO contract value). CHART 8: CONTRACTORS WITH HIGHEST VALUE AND NUMBER OF LWO CONTRACTS IN FY13 During this fiscal year, no contractors requested an exemption from LWO requirements because their firm employed twelve or fewer employees in accordance with SDMC §22.4215(b)(1). Contractors do not receive a universal exempt status, but are granted exemptions on a per contract basis; sufficient documentation must be provided. Prior Year Comparisons Chart 9, Number and Value of LWO Contracts in Prior Years, shows totals during previous fiscal years. Values are total costs for Purchasing Agreements at time of award. (Note: amounts for Fiscal Years 2011 and 2012 are based on available data.) CHART 9: NUMBER AND VALUE OF LWO CONTRACTS IN PRIOR YEARS 8 LWO Compliance Reviews SDMC §22.4235(a) requires periodic reviews to verify compliance with LWO requirements. Proactive LWO Compliance Reviews are conducted as part of an integrative approach to ensure compliance through diligent oversight. The City strengthens working relationships with covered employers while identifying and resolving errors before they become longstanding. In a difficult economy, potential complainants may be less likely to step forward. Compliance Reviews help assure a level playing field for all participants in the City’s service contract bid process. Contracts for review are selected randomly or based on concerns of possible noncompliance; selection of a firm for review does not imply wrongdoing. During the review, payroll records, employee manuals, project files, and other documents as needed are examined by LWO Program staff. At the job site, staff conducts interviews with covered employees in English or Spanish. Discrepancies, if identified, are resolved before a Compliance Review is closed out. At conclusion, the subject firm receives a report of Compliance Review findings. A response is required from the firm within 30 days to affirm the findings. Chart 10, shows LWO Contract Compliance Reviews in Fiscal Year 2013. CHART 10: LWO CONTRACT COMPLIANCE REVIEWS IN FISCAL YEAR 2013 Review Firm #R13-001 NMS Management, Inc Result No discrepancies found #R13-002 Prizm Janitorial Services, Inc Discrepancies found #R13-003 US Security Associates, Inc No discrepancies found Comments Referred to County DA Fraud Investigation Unit #R13-004 Contemporary Design Landscape No discrepancies found TOTAL 4 REVIEWS 1 FIRM WITH DISCREPANCIES Over the years, LWO Program staff conducted 30 Compliance Reviews as summarized in Chart 11, Annual Record of LWO Compliance Reviews. CHART 11: Reviews FY 2013 4 FY 2011 3 FY 2010 12 FY 2009 11 TOTAL 30 ANNUAL RECORD OF LWO COMPLIANCE REVIEWS No Discrepancies Discrepancies Funds Recovered Comments 3 1 $0 Referred to County DA 2 1 $0 4 8 $8,906 Agreements terminated 6 5 $28,019 Referred to County DA; Contractor debarred 15 15 $36,925 Half (50%) of LWO Compliance Reviews found discrepancies. These include wage underpayment; failure to allocate 10 compensated leave days per year; lack of method to track accrual of leave time; and failure to notify covered employees in accordance of their LWO rights. 9 Chart 12, Summary of LWO Compliance Review Violation Types, lists the different LWO requirements found to be violated and shows the frequency of occurrence. CHART 12: Municipal Code SUMMARY OF LWO COMPLIANCE REVIEW VIOLATION TYPES Requirement §22.4220(a) Pay covered employees specified wage and benefits §22.4225(b) Notify covered employees of LWO requirements §22.4220(c) Provide minimum 10 compensated leave days per year Other CA Labor Code Violations % of Reviews 13 43% 9 30% 11 37% 3 10% A summary of findings is presented in Chart 13, Summary of LWO Compliance Review Discrepancies and Types. CHART 13: SUMMARY OF LWO COMPLIANCE REVIEW DISCREPANCIES AND TYPES Two LWO Compliance Reviews resulted in severe enforcement actions. One contractor was ultimately debarred from City contracts (J.L. Krueger Landscaping) and another contractor’s agreements were terminated (Goldkamp Landscaping). LWO Complaints The LWO Program is required by SDMC §22.4230(c) to investigate and address an alleged LWO violation within 60 days. Resolution of Employee Complaints includes: complaint receipt and written acknowledgement to claimant and firm; investigation, including review of records and interviews; issuance of determination of violation or non-violation; and, when required, calculation of back pay and verification of payment. If a complaint is not resolved within 60 days, the claimant and the subject receive status updates from the Living Wage Program every 30 days until completion. Only one LWO Employee Complaint was received during Fiscal Year 2013 as shown in Chart 14, LWO Complaints in Fiscal Year 2013. 10 CHART 14: Complaint #C13-001 TOTAL LWO COMPLAINTS IN FISCAL YEAR 2013 Allegation Result Nonpayment for all hours and leave time No violation 1 COMPLAINT Back Pay -- 0 VIOLATIONS $0.00 Chart 15, Annual Record of LWO Employee Complaints, lists LWO Employee Complaints since inception of the Ordinance: CHART 15: ANNUAL RECORD OF LWO EMPLOYEE COMPLAINTS Complaints Non-Violations Violations Back Pay FY 2013 1 1 0 $0 FY 2012 14 7 7 $6,696 FY 2011 6 3 3 $11,669 FY 2010 5 3 2 $224 FY 2009 14 7 7 $211,888 FY 2008 7 3 4 $52,841 FY 2007 0 0 0 $0 TOTAL 47 24 23 $283,318 Chart 16, Summary of LWO Complaint Violations and Backpay Recovered, exhibits trends for the number of complaints (47) and back payments ($283,318 total) during the history of the Ordinance: CHART 16: SUMMARY OF LWO COMPLAINT VIOLATIONS AND BACKPAY RECOVERED Nearly half (48.9%) of all LWO Employee Complaints were found to be violations. When measured by amount of back payment, the majority of violations were for Wage Underpayment (85%). Nonpayment of Health Benefits (11%) comprised the next largest category. Lack of 11 Compensated Leave Time (2.3%) and Retaliation (1.7%) followed. One small amount (0.2%) was recovered when an employer did not pay LWO rates for covered employees’ time spent traveling to and from the jobsite. Contractor Compliance Reports Covered employers are required to complete an annual Contractor Compliance Report in accordance with SDMC §22.4225(d). The Living Wage Program distributed a single-page form to firms with active LWO contracts in April 2013. This Contractor Compliance Report was included in a packet with a notice of the annual wage adjustment, a request for a newly-signed LWO Certification of Compliance, an updated LWO Notice to Employees and a handout explaining the Earned Income Tax Credit, in both English and Spanish. Some relevant results are shown in Chart 17, Covered Employer Compliance Report Responses: CHART 17: COVERED EMPLOYER COMPLIANCE REPORT RESPONSES Number LWO covered employers who submitted Contractor Compliance Report 58 Number of LWO covered employees 2,070 LWO covered employers offering health benefit option 31 LWO covered employees receiving health benefits 656 Covered employers reporting LWO improved firm’s quality of service 43 Covered employers reporting LWO reduced absenteeism or turnover 43 Percent 100% 19% 53% 31% 59% 59% Responses reflect self-reporting by contractors. City Facility Agreements LWO requirements are applicable to contracts and subcontracts at City facilities, in accordance with SDMC §22.4210(a)(4). City facilities are defined in the ordinance as Petco Park, Qualcomm Stadium, San Diego Sports Arena, San Diego Convention Center, San Diego City Concourse, and San Diego Civic Theatre. As soon as the wage adjustment amount becomes available, LWO Program staff sends correspondence to notify City facilities. Prior to the start of the fiscal year, the Living Wage Program sends a notice to each City facility to remind them of the adjusted wage rate, re-state their obligations regarding LWO requirements, request signed LWO Certification of Compliance forms for contractors and subcontractors, and offer assistance. Throughout the year, contact is maintained to support City facilities in understanding and attaining LWO compliance. Over the years, there have been six LWO Employee Complaints filed for City facilities; however, none resulted in a violation. Financial Assistance Agreements LWO requirements are applicable to certain financial assistance agreements for (a) economic development, job creation, or job retention or (b) tourism, arts, and cultural programs, in accordance with SDMC §22.4210(a)(2-3). To date, this section has been found to apply in only 12 one instance. The San Diego Tourism Marketing District requested and received exemption status with less than 12 employees; subcontractors have provided LWO Certifications of Compliance or requested exemption approval. FISCAL CONSIDERATIONS: There was a 3.0% upward adjustment of LWO wages for Fiscal Year 2013. During the eight years since passage of the Living Wage Ordinance, the hourly wage rate increased $1.99 (16.58%, the region’s cost-of-living increase as published by the Department of Labor). All bidders must pay the same wage rates, and a successful low bid is the result of increased efficiencies or a narrower profit margin rather than suppressed wages. PREVIOUS COUNCIL and/or COMMITTEE ACTION: None regarding this report. COMMUNITY PARTICIPATION AND PUBLIC OUTREACH EFFORTS: The City continues to provide convenient access to LWO information for contractors and workers. The Living Wage Program maintains accurate, up-to-date information on the City’s website including Municipal Code text, Rules Implementing the LWO, all forms and notices (most with Spanish translations), and all past annual reports on LWO administration. Brochures summarizing LWO requirements are available. Living Wage Program staff presents at Purchasing & Contracting Department workshops entitled “How to Do Business with the City.” Various community-based organizations maintain an active interest in the City’s LWO administration including the Center on Policy Initiatives and the Maintenance Cooperation Trust Fund. During Fiscal Year 2013, the Living Wage Program maintained working relationships with representatives from the Department of Industrial Relations, Division of Labor Standards Enforcement; County of San Diego District Attorney’s Office, Insurance Fraud Division; Living Wage Deputy Compliance Officer for the County of Los Angeles; and San Francisco’s Office of Labor Standards Enforcement Manager. KEY STAKEHOLDERS AND PROJECTED IMPACTS: Key stakeholders for the LWO remain the City of San Diego citizens, covered employees, and covered employers. The City’s Living Wage Program employs efficient methods to provide information about the Living Wage Ordinance, monitor compliance with ordinance requirements, and assist covered employers in meeting their obligations. Official version signed by ____________________________________ Dennis Gakunga, Director Purchasing & Contracting Department Official version signed by ____________________________________ Scott Chadwick Assistant Chief Operating Officer 13 Attachment A: Attachment B: Attachment C: Attachment D: Attachment E: Attachment F: Attachment G: Attachment H: Attachment I: San Diego Municipal Code Chapter 2, Article 2, Division 42 Living Wage Ordinance Synopsis Rules Implementing the Living Wage Ordinance (for Fiscal Year 2013) LWO Contracts in Fiscal Year 2013, Sorted by Contract Number LWO Contracts in Fiscal Year 2013, Sorted by Bid Number LWO Contracts in Fiscal Year 2013, Sorted by Commodity Type LWO Contracts in Fiscal Year 2013, Sorted by Contractors LWO Contracts in Fiscal Year 2013, Sorted by Total Contract Value LWO Contracts in Fiscal Year 2013, Sorted by Number of Contracts 14 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) Article 2: Administrative Code Division 42: City of San Diego Living Wage Ordinance (Added 6/6/2005 by O-19386 N.S.) § 22.4201 Purpose and Intent The City awards many taxpayer-funded agreements to private businesses that provide services to the public and to the City or that are intended to promote economic development, job creation, and retention. The City also owns, operates, manages, or leases sports, entertainment, or convention facilities and contracts with businesses to use these facilities or provide services at these locations to the public. It is the experience of the City that many of these services to the public and to the City are provided by workers who live at or below the poverty line. This division provides that when agreements, including service contracts, financial assistance agreements, and City facilities agreements are extended by the City to private businesses these taxpayer funded benefits are used in a way that advances the interests of the City as a whole, by creating jobs that keep workers and their families out of poverty. This division therefore requires covered employers and their subcontractors to pay their employees a wage that will enable a full-time worker to meet basic needs and avoid economic hardship. Paying service employees a living wage is intended to improve the quality of services provided to the City and to the public by reducing high turnover, absenteeism, and instability in the workplace. This division also promotes the City’s policies and programs that seek to meet the employment and economic development needs of the City and its workforce. Private businesses that do not fall into any of the above described categories are not required to comply with this division. (Added 6-6-2005 by O-19386 N.S.) §22.4202 Citation This division shall be cited as the City of San Diego Living Wage Ordinance. (Added 6-6-2005 by O-19386 N.S.) §22.4205 Definitions Each word or phrase that is defined in this division appears in the text of this division in italicized letters. For purposes of this division, the following definitions shall apply: Ch. Art. Div. 2 2 42 1 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) Business means any corporation, partnership, limited liability corporation, joint venture, sole proprietorship, association, or trust, other than a public entity. City means the City of San Diego, its organizational subdivisions, agencies, offices, or boards, but does not include independent agencies, such as the Housing Authority, Redevelopment Agency, and the Retirement Board, each of which is encouraged to adopt its own living wage policy. City facility means any of the following facilities that are owned, operated, managed, or leased by the City: (a) Petco Park; (b) Qualcomm Stadium; (c) San Diego Sports Arena; (d) San Diego Convention Center; (e) San Diego City Concourse; or (f) Civic Theatre, including the portion of the Civic Center Plaza directly adjacent to the Civic Theatre when theatre-related activities are held there. This subsection is not intended to extend to the Living Wage Ordinance to other structures located in the Civic Center Plaza. City facility agreement means an agreement between the City and a business for the lease, use, or management of a City facility that generates $350,000 or more in annual gross receipts to the business. City facility agreement includes (a) subleases or other agreements for use of the City facility for 30 days or more in any calendar year; and (b) subcontracts and concession agreements for services at the City facility with a combined annual value of payments in excess of $25,000 for any single subcontractor or concessionaire, and with a term of more than 90 days. City facility employer means any business that has entered into a City facility agreement. For the purposes of this division, City facility employer includes any sublessee, subcontractor, or concessionaire that retains employees to provide services at a City facility. City Manager means the City Manager and his/her delegates and representatives. Ch. Art. Div. 2 2 42 2 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) Covered employee means any individual employed on a full-time, part-time, temporary, or seasonal basis by (a) a service contractor with regard to any hours worked in performance of a service contract; (b) a financial assistance recipient who works at least 20 hours a month at the site that is the subject of the financial assistance agreement or at least 20 hours a month on the program that is the subject of the financial assistance agreement; or (c) a City facility employer with regard to any hours worked at a City facility. Covered employee does not include: (a) individuals who, in addition to wages, receive academic credit for their work from an accredited educational institution; or (b) individuals who participate in job training and education programs that have as their express purpose the provision of basic job skills or education. Covered employer means any service contractor, financial assistance recipient, or City facility employer. Financial assistance agreement means an agreement between the City and a business to provide direct financial assistance with the expressly articulated and identified purpose of encouraging, facilitating, supporting, or enabling: (a) economic development, job creation, or job retention; or (b) tourism, arts, and cultural programs. As to economic development, job creation, or job retention, this division shall apply to financial assistance agreements with a combined value over a period of five years of $500,000 or more. As to tourism, arts, and cultural programs, this division shall apply to financial assistance agreements with a combined annual value of $750,000 or more. Direct financial assistance includes funds, below-market loans, rebates, deferred payments, forgivable loans, land write-downs, infrastructure or public improvements, or other action of economic value identified in the financial assistance agreement. Financial assistance does not include below-market leases to non-profit organizations or indirect financial assistance, such as that provided through broadly applicable tax reductions or services performed by City staff. Financial assistance agreement includes subcontracts to perform services at the site that is the subject of the financial assistance agreement or for the program that is the subject of the financial assistance agreement. Financial assistance recipient means any business that has entered into a financial assistance agreement. For the purposes of this division, financial assistance recipient includes all subcontractors retained by a business to perform services at the site that is the subject of the financial assistance agreement, or for the program that is the subject of the financial assistance agreement. Health benefits rate means a minimum dollar amount per hour toward the cost of health and medical care insurance for employees and their dependents. Ch. Art. Div. 2 2 42 3 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) Service contract means a contract between the City and a business with a combined annual value of payments in excess of $25,000, and any applicable subcontracts or franchises, to furnish services. For the purpose of this division, service contract includes all contracts for services provided through the managed competition program under Charter section 117(c). Service contractor means any business that has been awarded a service contract subject to this division. For the purposes of this division, service contractor includes all subcontractors or franchisees retained by a business to perform any or all of the functions covered by a service contract. Services means the following types of employment activities and any other nonmanagerial, non-supervisory, or non-professional services that are consistent with the intent of this division and designated in a City facility agreement, financial assistance agreement, or service contract: (a) Automotive repair and maintenance; (b) Cashiers; (c) Child care; (d) Concessions/retail sales; (e) Facility and building maintenance; (f) On-site food service/preparation; (g) Janitorial, custodial, street cleaning and housekeeping; (h) Landscaping; (i) Laundry services; (j) Office/clerical; (k) Parking services; (l) Pest control; (m) Security services; Ch. Art. Div. 2 2 42 4 (n) Ushers and wheelchair attendants; (o) Ticket takers; ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) (p) Warehouse workers. (q) Waste collection and waste disposal, including recycling; (r) Right-of-way maintenance; and (s) Water and wastewater maintenance (Added 6-6-2005 by O-19386 N.S.) (Amended 11-24-2008 by O-19809 N.S; effective 1-1-2010.) §22.4210 Applicability of Living Wage Ordinance (a) (b) This division shall apply to: (1) any service contract, including any applicable subcontract, entered into, awarded, amended, renewed, or extended on or after July 1, 2006. Compliance with this division is required during the term of the service contract. Notwithstanding the foregoing, service contracts for child care services are exempt from the requirements of this division until July 1, 2008. (2) any financial assistance agreement subject to the $500,000 threshold, including any applicable subcontract, entered into, awarded, amended, renewed, or extended on or after July 1, 2006. Compliance with this division is required for a period of five years after the threshold amount has been received by the business. (3) any financial assistance agreement subject to the $750,000 threshold, including any applicable subcontract entered into, awarded, amended, renewed, or extended on or after July 1, 2007. Compliance is required for one year after the threshold amount has been received by the business. (4) any City facility agreement, including any applicable sublease, subcontract, or concession agreement in effect on July 1, 2007. Compliance with this division is required during the term of the City facility agreement. Service contracts, financial assistance agreements, and City facility agreements shall not be subdivided into two or more contracts that logically should be made as a single transaction if the purpose of the subdividing is to avoid the requirements of this division. (Added 6-6-2005 by O-19386 N.S.) Ch. Art. Div. 2 2 42 5 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) §22.4215 Exemptions. (a) (b) Ch. Art. Div. 2 2 42 6 Except for City facility agreements, the following contracts are exempt from the requirements of this division: (1) contracts subject to federal or state law or regulations that preclude the applicability of this division’s requirements; (2) contracts that involve programs where the City shares management authority with other jurisdictions, unless all the signatory jurisdictions agree to the applicability of this division’s requirements to the contract; (3) contracts for services by any other governmental agency; (4) contracts for public works construction; (5) cooperative procurement contracts, including contracts that use a bidding process that substantially complies with City requirements; (6) contracts for the purchase of goods, property, or the leasing of property; (7) contracts for professional services, as described in California Labor Code Section 515(a), such as design, engineering, financial, technical, legal, banking, medical, management, operating, advertising, or other services. (8) contracts where compliance with this division is not in the best interests of the City as certified by the City Manager and approved by the City Council. The following businesses, even if otherwise qualified as a covered employer, are exempt from the requirements of this division: (1) Businesses, including their parent and subsidiary entities, employing twelve or fewer employees for each working day in each of twenty or more calendar weeks in the current or preceding calendar year, so long as the City determines that the business, including any of its subcontractors, will not need to retain more than twelve employees to perform work related to a service contract, financial assistance agreement, or City facility agreement. (2) Businesses organized under Internal Revenue Service Code, section 501(c)(3) to provide community-based social services, other than child care services, and whose highest paid officer earns a salary that, when calculated on an hourly basis, is less than eight times the hourly wage rate of the lowest paid full-time employee. ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) (c) The definitions of service contract, financial assistance agreement, or City facility agreement shall be liberally interpreted so as to further the policy objectives of this division. The City Manager shall establish procedures to implement this section. (Added 6-6-2005 by O-19386 N.S.) (Amended 11-24-2008 by O-19809 N.S; effective 1-1-2010.) §22.4220 Payment of Living Wage and Provision of Benefits (a) Covered employers subject to this division shall pay covered employees a wage of no less than $10.00 per hour if the health benefits rate is paid, or no less than $12.00 per hour if the health benefits rate is not paid. The health benefits rate is $2.00 per hour. The rates are effective beginning July 1, 2006. (b) Beginning July 1, 2007, the hourly wage rates and health benefits rate shall be upwardly adjusted each July 1 to reflect the change in the Consumer Price Index for All Urban Consumers for the San Diego – Carlsbad – San Marcos Metropolitan Statistical Area for the twelve-month period preceding December 31. Prior to April 1 of each year, the City shall calculate the new rates and provide notice to all covered employers by posting on the City’s web site the rates in effect for the next fiscal year. (c) Covered employers shall provide to each covered employee a minimum of ten compensated days off per year for sick leave, vacation, or personal necessity leave at the covered employee's request. Such days off shall vest as accrued. Part-time employees shall accrue such days at a rate proportional to full-time employees. Covered employees shall be eligible to use accrued days off after the first six months of employment or consistent with employer policy, whichever is earlier. Paid holidays that are provided under established employer policy shall not be counted toward the provision of the ten compensated days off. (d) Covered employers shall also permit covered employees to take an additional ten uncompensated days off per year to be used for sick leave for the illness of the covered employee or a member of his or her immediate family, where the covered employee has exhausted all accrued compensated days off. This section does not mandate the accrual from year to year of uncompensated days off. (Added 6-6-2005 by O-19386 N.S.) Ch. Art. Div. 2 2 42 7 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) §22.4225 Reporting and Notification Requirements (a) Every service contract, financial assistance agreement, and City facility agreement shall require that the party contracting with the City be subject to the terms of this division and all regulations and rules promulgated under this division and that all applicable subcontractors, sublessees, and concessionaires comply with the terms of this division and all regulations and rules promulgated under this division. (b) Each covered employer shall notify its covered employees of the requirements of this division and of the possible availability of the Earned Income Tax Credit. (c) Each covered employer shall file a living wage certification with the City Manager within thirty days of becoming a covered employer. Covered employers must ensure that all applicable subcontractors, sublessees, and concessionaires file a living wage certification within thirty days of becoming covered by the requirements of this division. The living wage certification shall be completed on a form provided by the City Manager. (d) Each covered employer shall file with the City Manager an annual report documenting compliance with this division. The covered employer will maintain records documenting compliance for at least three years, but will not be required to maintain such records for more than seven years, after the City’s final payment on the service contract, financial assistance agreement, or City facility agreement; such records shall be made available to the City upon request. The records to be maintained shall include all wage records, proof of payment for health benefits, employee name, address, date of hire, job classification, rate of pay, cost and amount paid for health benefits, hours worked in each pay period, and paid and unpaid time off (accrued and used). (e) Businesses shall post a notice to employees informing them of their rights under this division, and any applicable exemptions from the wage rate requirements of this division. The poster must be at the site of work, or a site frequently accessed by workers, in a prominent and accessible place where it can easily be seen by workers. (Added 6-6-2005 by O-19386 N.S.) (Amended 11-24-2008 by O-19809 N.S; effective 1-1-2010.) Ch. Art. Div. 2 2 42 8 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) §22.4230 Enforcement (a) A covered employee claiming a violation of this division shall have the right to file an action against an employer in the appropriate court within one year after discovery of the alleged violation. The court may award any employee who files suit pursuant to this subdivision, the following: (1) For failure to pay the minimum wage required by this division, the difference between the minimum wage required herein and the amount actually paid to the employee, plus interest. (2) For failure to pay the health benefits rate, the difference between the health benefits rate required by this division and the amount actually paid towards the health benefits rate, plus interest. (3) For retaliation for exercise of any rights provided for under this division, reinstatement, back pay, or any other relief that a court may deem appropriate. (4) For a willful violation of this division, a court shall award as a penalty up to treble the amount of monies to be paid as damages. (5) The court shall award reasonable attorney's fees and costs to an employee who prevails in any such private action and to an employer who so prevails if the employee’s suit is found to be frivolous. (b) A business is prohibited from any retaliation against an employee who alleges non-compliance with this division or cooperates with an investigation regarding compliance with this division. A business shall not discharge, reduce in compensation, or otherwise discriminate against any employee for complaining with regard to the business’s practices with respect to this division, for opposing any practice proscribed by this division, for participating in proceedings related to this division, for seeking to enforce his or her rights under this division by any lawful means, or for otherwise asserting rights under this division. Any such employee may report any alleged retaliation to the City Manager. (c) A covered employee claiming a violation of the division may file a complaint with the City. The City shall investigate and address any alleged violation of this division’s requirements, and shall convey the results of the investigation to the complainant within 60 days, with reasonable 30-day extensions. However, the City's failure to investigate an alleged violation or otherwise enforce any of the provisions of this division shall not create any right of action to recover damages from the City by any person, including but not limited to an aggrieved employee. Ch. Art. Div. 2 2 42 9 ATTACHMENT A San Diego Municipal Code Chapter 2: Government (12-2009) (d) Whether based upon a complaint or otherwise, where the City Manager has determined that a covered employer has violated this article, the City Manager shall issue a written notice to the covered employer that the violation is to be corrected within thirty days. In the event that the covered employer has not demonstrated to the City Manager within such period that it has substantially cured any material violation, the City Manager shall then do one or more of the following: (1) Declare a material breach of the service contract, financial assistance agreement, or City facility agreement and exercise its contractual remedies there under, which are to include, but not be limited to, termination of the service contract, financial assistance agreement, or City facility agreement and the return of monies paid by the City for services not yet rendered. (2) Institute proceedings under Article 2, Chapter 2, Division 8 to debar the covered employer from future City contracts for three years or until all penalties and/or restitution have been fully paid, whichever occurs last. (3) Request a determination of non-responsibility under Article 2, Chapter 2, Division 32. (4) Request that the City Attorney bring a civil action against the covered employer seeking any legal remedies, including but not limited to: (i) Where applicable, payment to the covered employee of all unpaid wages and/or health premiums prescribed by this division; and/or (ii) A fine payable to the City in the amount of up to one hundred dollars ($100) for each violation for each day the violation remains uncured. (e) A violation of this division shall not be prosecuted as a misdemeanor, notwithstanding any other provision of the San Diego Municipal Code. (f) This division shall not be construed to limit an employee's right to bring legal action for a violation of any other laws concerning wages, hours, or other standards or rights nor shall exhaustion of remedies under this division be a prerequisite to the assertion of any other such right. (Added 6-6-2005 by O-19386 N.S.) (Amended 11-24-08 by O-19809 N.S; effective 12-24-2008.) Ch. Art. Div. 2 2 42 10 ATTACHMENT B LIVING WAGE ORDINANCE SYNOPSIS Fiscal Year 2013 (July 1, 2012 – June 30, 2013) APPLICABILITY: The Living Wage Ordinance applies in three types of contractual situations: City service contracts with annual value over $25,000. Facility Agreements defined as Petco Park, Qualcomm Stadium, San Diego Sports Arena, San Diego Convention Center, San Diego City Concourse, and San Diego Civic Theatre with term over 90 days and annual value over $25,000. Financial Assistance Agreements defined as direct financial assistance to encourage, facilitate, support or enable economic development, job creation, or job retention when combined value over five years is $500,000 or more; and tourism, arts, and cultural programs with annual value of $750,000 or more. REQUIREMENTS: A covered employer must meet the following LWO requirements: pay covered employees at the Fiscal Year 2013 rate of $11.47/hour plus $2.30/hour toward health benefits for total of $13.77 (rate is adjusted annually on July 1); provide 10 compensated and 10 additional uncompensated days off per year; EXEMPTIONS: Certain contracts are categorically exempt from the LWO: contracts subject to Federal or State law or regulations that preclude LWO applicability; cooperative procurement contracts, contracts for services by other governmental entities, or contracts where the City shares management authority with other jurisdictions; public works construction contracts; contracts for purchase of goods, property, or lease of property with City as lessee unless included services are more than incidental; contracts for design, engineering, financial, technical, legal, banking, medical, manage- submit a Certification of Compliance for each applicable project and allow City access to LWO records for inspection; inform employees of their possible right to Federal Earned Income Tax Credit; maintain wage and benefit records for covered employees (for 3 years after final payment); and prohibit retaliation against an employee for allegation of LWO non-compliance. ment, operating, advertising, or other professional services; and contracts where compliance with the LWO is not in the best interests of the City as certified by the Mayor and approved by the City Council. When the LWO applies to a contract, a contractor or subcontractor may apply for exemption if: the business employs 12 or fewer employees, including parent and subsidiaries; the business is organized under IRS section 501 (c)(3) and highest officer’s pay is less than eight times lowest workers pay; or a collective bargaining agreement specifically supersedes the LWO. ATTACHMENT C CITY OF SAN DIEGO RULES IMPLEMENTING THE LIVING WAGE ORDINANCE Effective date July 1, 2006; revision date July 1, 2012 LIVING WAGE PROGRAM Administration Department 202 C Street, M.S. 9A, San Diego, CA 92101 Phone: (619) 533-3948 Fax: (619) 533-3220 Table of Contents A. Definitions 3 B. Applicability of LWO Types of Covered Agreements Presumption of Coverage Anti-Retaliation Provision Subdivision of Agreements to Avoid LWO Requirements Prohibited Leases and Licenses Involving Services Final Authority 7 9 9 9 9 9 C. Exemptions Categorical Exemptions Exemptions Requiring City’s Approval Determination of Exemption Liberal Interpretation of Definitions 9 10 12 12 D. Employer Requirements LWO Requirement of Minimum Compensation LWO Health Benefits Compensated and Uncompensated Time Off LWO Notice to Employees Federal Earned Income Tax Credit (EITC) Reporting Requirements Contractor Annual Reports City Access to Employer Records to Monitor Compliance with the LWO Disclosure of Documents and Information Subcontractors Subject to the LWO 12 13 14 15 16 16 17 17 17 17 [continued] ATTACHMENT C Table of Contents, continued E. F. Administrative Recordkeeping and Reports LWO Administrative Records and Reports Report to Council Annual LWO Wage Rate Adjustment 18 18 18 Monitoring and Investigation LWO Contract Language Employer Monitoring Investigation in Response to Specific Concerns or Complaints Employer’s Failure to Reasonably Cooperate 19 19 19 19 G. Enforcement Notice to Employer of LWO Violations Remedies Prime Contractor Responsible for Subcontractor Employee’s Right to File Action Prohibition against Retaliation 19 19 20 20 21 H. Employee Complaint Process Employee Complaints Complaints Alleging Retaliation Confidentiality of Information during Investigation Investigation of Employee Complaints Resolution of Investigation into Employee Complaints Submission of Additional Information After Completion of Investigation Payment of Amounts Due to Employees 21 21 21 21 21 22 22 Appendix A: Current Living Wage Rates Appendix B: Living Wage Ordinance Notice and Forms LWO Notice to Employees (English, Spanish) Earned Income Tax Credit [EITC] Information (English, Spanish) LWO Certification of Compliance LWO Application for Exemption LWO Employee Complaint Form (English, Spanish) ATTACHMENT C RULES IMPLEMENTING THE LIVING WAGE ORDINANCE The purpose of these Rules Implementing the Living Wage Ordinance [Rules] is to provide guidance for contractors to comply fully with the requirements of the City of San Diego’s Living Wage Ordinance, Chapter 2, Article 2, Division 42 of the San Diego Municipal Code (SDMC) [the Living Wage Ordinance or simply “LWO”]. These Rules are intended as an administrative aide to carry out the intent of the LWO and should not be construed to extend, modify, or otherwise alter the substantive provisions of the LWO. A. DEFINITIONS In addition to the definitions in SDMC §22.4205, the following definitions shall apply in these Rules: Bidder includes an applicant for any agreement that is subject to the LWO, whether under a competitive bid, request-for-proposal (RFP), sole source, or other procurement process. Business means any corporation, partnership, limited liability corporation, joint venture, sole proprietorship, association, or trust, other than a public entity. City means the City of San Diego, its organizational subdivisions, agencies, offices, or boards, but does not include independent agencies, such as the Housing Authority, Redevelopment Agency, and the Retirement Board, each of which is encouraged to adopt its own living wage policy. City facility means any of the following facilities that are owned, operated, managed, or leased by the City: (a) Petco Park; (b) Qualcomm Stadium; (c) San Diego Sports Arena; (d) San Diego Convention Center; (e) San Diego City Concourse; or (f) Civic Theatre, including the portion of the Civic Center Plaza directly adjacent to the Civic Theatre when theatre-related activities are held there. This subsection is not intended to extend the Living Wage Ordinance to other structures located in the Civic Center Plaza. City facility agreement means an agreement between the City and a business for the lease, use, or management of a City facility that generates $350,000 or more in annual gross receipts to the business. City facility agreement includes: CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 3 OF 22 ATTACHMENT C (a) subleases or other agreements for use of the City facility for 30 days or more in any calendar year; and (b) subcontracts and concession agreements for services at the City facility with a combined annual value of payments in excess of $25,000 for any single subcontractor or concessionaire, and with a term of more than 90 days. City facility employer means any business that has entered into a City facility agreement. For the purposes of this division, City facility employer includes any sublessee, subcontractor, or concessionaire that retains employees to provide services at a City facility. City Manager means the City Manager and his/her delegates and representatives. However, for the duration that the City operates under a “Strong Mayor” form of government pursuant to Article XV of the City Charter, City Manager means the Mayor and his/her delegates and representatives. Community-based social services means any recipient of Community Development Block Grants (CDBG) social service contracts. Complaint means a report of an alleged violation of the LWO. Covered employee means: (a) any individual employed on a full-time, part-time, temporary, or seasonal basis by: (1) a service contractor with regard to any hours worked in performance of a service contract; (2) a financial assistance recipient who works at least 20 hours a month at the site that is the subject of the financial assistance agreement or at least 20 hours a month on the program that is the subject of the financial assistance agreement; or (3) a City facility employer with regard to any hours worked at a City facility. (b) But covered employee does not include: (1) a supervisor or manager; (2) an individual who, in addition to wages, receives academic credit for their work from an accredited educational institution; (3) an individual who participates in job training and education programs that have as their express purpose the provision of basic job skills or education; (4) an owner of a business; and (5) an “executive, administrative, or professional employee” as described in CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 4 OF 22 ATTACHMENT C California Labor Code Section 515(a): (a) customarily and regularly exercises discretion and independent judgment in performing duties; (b) meets the criteria of “executive, administrative, or professional employee” for at least one-half of work time; and (c) earns a monthly salary equivalent to no less than two times the California minimum wage for full-time employment. If the description of an “executive, administrative, or professional employee” is amended in the California Labor Code, such description shall also apply to these Rules. Covered employer means any service contractor, financial assistance recipient, or City facility employer. Financial assistance agreement means an agreement between the City and a business to provide direct financial assistance with the expressly articulated and identified purpose of encouraging, facilitating, supporting, or enabling: (a) economic development, job creation, or job retention; or (b) tourism, arts, and cultural programs. Direct financial assistance includes funds, below-market loans, rebates, deferred payments, forgivable loans, land write-downs, infrastructure or public improvements, or other action of economic value identified in the financial assistance agreement. Financial assistance does not include below-market leases to non-profit organizations or indirect financial assistance, such as that provided through broadly applicable tax reductions or services performed by City staff. Financial assistance agreement includes subcontracts to perform services at the site that is the subject of the financial assistance agreement or for the program that is the subject of the financial assistance agreement. Financial assistance recipient means any business that has entered into a financial assistance agreement. For the purposes of this division, financial assistance recipient includes all subcontractors retained by a business to perform services at the site that is the subject of the financial assistance agreement or for the program that is the subject of the financial assistance agreement. Health benefits rate means a minimum dollar amount per hour toward the cost of health and medical care insurance for covered employees and their dependents. Health benefits may include the following types of insurance: medical health coverage, dental, vision, mental health, and disability income. For purposes of the LWO, retirement benefits, accidental death and dismemberment insurance, life insurance, and other benefits that do not provide medical or health-related coverage will not be credited toward the cost of providing covered employees with health benefits. Incidental services means services that are: (a) part of an agreement for which the primary purpose is to purchase or rent goods or CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 5 OF 22 ATTACHMENT C equipment; and (b) performed on a non-recurring and irregular basis. Services are not incidental, even if the primary purpose of the agreement is to purchase goods or equipment, if the agreement provides that services are to be performed on a regular schedule. Managerial employee and supervisory employee both mean a person compensated above the living wage rate and who has authority to hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline other subordinate employees, or the responsibility to direct them, adjust their grievances, or recommend such action, if the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. Service contract means a contract between the City and a business with a combined annual value of payments in excess of $25,000 and any applicable subcontracts or franchises to furnish services. Service contract includes all contracts for services provided through the managed competition program under City Charter section 117(c). Service contractor means any business that has been awarded a service contract subject to this division. For the purposes of this division, service contractor includes all subcontractors or franchisees retained by a business to perform any or all of the functions covered by a service contract. Services means the following types of employment activities and any other non-managerial, non-supervisory, or non-professional services that are consistent with the intent of this division and designated in a City facility agreement, financial assistance agreement, or service contract: (a) Automotive repair and maintenance; (b) Cashiers; (c) Child care; (d) Concessions/retail sales; (e) Facility and building maintenance; (f) On-site food service/preparation; (g) Janitorial, custodial, street cleaning, and housekeeping; (h) Landscaping; (i) Laundry services; (j) Office/clerical; CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 6 OF 22 ATTACHMENT C (k) Parking services; (l) Pest control; (m) Security services; (n) Ushers and wheelchair attendants; (o) Ticket takers; (p) Warehouse workers; (q) Waste collection and waste disposal, including recycling; (r) Right-of-way maintenance; and (s) Water and wastewater maintenance. Subcontractor includes sublessees and concessionaires. Wages means the amount paid to a covered employee as compensation for labor performed. The term does not include any amount paid to a covered employee not directly related to the labor performed, such as for parking, uniforms, meals, and contributions to retirement plans. Aside from a covered employee’s hourly wages, wages may only include commissions earned by a covered employee if the covered employer keeps accurate records verifying the amount paid to a covered employee for each pay period and follows the requirements set forth in these Rules. B. APPLICABILITY OF LWO 1. Types of Covered Agreements. The majority of the LWO’s provisions apply only to businesses that enter into the following types of agreements with the City: service contracts, City facility agreements, and financial assistance agreements. a. Service Contracts. (1) In determining whether a contract for services exceeds $25,000 annually, the total amount of the contract shall be calculated by adding together the amount provided for in the original contract and all amendments, modifications, renewals, or extensions. A contract that was previously exempt from the LWO because it did not meet the monetary threshold may thereafter become subject to the LWO because an amendment, modification, renewal, or extension increases the total amount of the contract. (2) Contracts for services with maximum amounts or that are to be performed on an as-needed basis: (a) For contracts that specify a maximum amount to be expended, that amount CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 7 OF 22 ATTACHMENT C shall be used to determine whether the contract exceeds the $25,000 threshold. (b) Contracts for services that are to be performed on an as-needed basis are presumed to be covered by the LWO. The employer will not be required to comply with the wage and benefit requirements of the LWO, however, until the City has used over $25,000 in services from the employer or the invoices submitted by the employer exceed $25,000. Once the $25,000 threshold is passed, the employer must comply with all requirements of the LWO. b. Agreements to Purchase or Rent Property, Goods or Equipment. Agreements to purchase or rent property, goods or equipment that have a component for the provision of services are subject to the LWO if the agreement is over $25,000 annually and the services to be provided are not incidental. c. City Facility Agreements. City facility agreement means an agreement between the City and a business for the lease, use, or management of a City facility that generates $350,000 or more in annual gross receipts to the business from operations at a City facility. City facility agreements apply to Petco Park; Qualcomm Stadium; San Diego Sports Arena; San Diego Convention Center; San Diego City Concourse; and the Civic Theatre, including the portion of the Civic Center Plaza directly adjacent to the Civic Theatre when theatre-related activities are held there (but not other structures located in the Civic Center Plaza). (1) A City facility agreement also includes: (a) Subleases or other agreements for use of the City facility for 30 days or more in any calendar year. (b) Subcontracts and concession agreements for services at the City facility with a combined annual value of payments in excess of $25,000 for any single subcontractor or concessionaire, and with a term of more than 90 days. (2) A City facility agreement, including any applicable sublease, subcontract, or concession agreement, is subject to the LWO if it was in effect on July 1, 2007, or is entered into after this date. Compliance with this division is required during the term of the City facility agreement. d. Financial Assistance Agreements. Financial assistance agreements are subject to the LWO under either of the following conditions: (1) The financial assistance agreement is for economic development, job creation, or job retention and has a combined value over a period of five years of $500,000 or more. (a) A financial assistance agreement meeting this definition is subject to the CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 8 OF 22 ATTACHMENT C LWO if it is entered into, awarded, amended, renewed, or extended on or after July 1, 2006. (b) Compliance with this division must continue for a period of 5 years after the threshold amount has been received by the business. (2) The financial assistance agreement is for tourism, arts, and cultural programs and has a combined annual value of $750,000 or more. (a) A financial assistance agreement meeting this definition is subject to the LWO if it is entered into, awarded, amended, renewed, or extended on or after July 1, 2007. (b) Compliance with this division must continue for one year after the threshold amount has been received by the business. 2. Presumption of Coverage. An agreement, request for proposal, request for bid, or request for quote for any of the agreements in the foregoing paragraph [Rules, B.1] is presumed to be covered by the LWO unless specifically exempted by the LWO or these Rules. 3. Anti-Retaliation Provision. The LWO’s prohibition against retaliation [SDMC §22.4230(b)] is not limited to covered employers. The anti-retaliation provision is separate from the LWO’s wage and benefits provisions and applies to all businesses, even if those businesses are exempt from the LWO’s wage and benefits provisions. 4. Subdivision of Agreements to Avoid LWO Requirements Prohibited. Agreements shall not be subdivided into two or more contracts that logically should be made as a single transaction if the purpose of the subdividing is to avoid the LWO requirements. 5. Leases and Licenses Involving Services. Leases and licenses that involve services to be performed on City facility property are presumed subject to the LWO. 6. Final Authority. The Director of Administration has the final authority in determining whether an agreement is subject to the LWO. C. EXEMPTIONS 1. Categorical Exemptions. Except for City facility agreements, the following categories of agreements shall be exempt from the LWO: a. Contracts subject to federal or state law or regulations that preclude applicability of the LWO. b. Contracts where the City shares management authority with other jurisdictions unless all those jurisdictions agree to the applicability of the LWO. c. Contracts for services by other governmental entities. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 9 OF 22 ATTACHMENT C d. Public works construction. e. Cooperative procurement contracts. f. Contracts for purchase of goods, property, or a lease of property with City as lessee, unless the contracts include a component for services that are more than incidental services. g. Contracts for professional services, as described in California Labor Code Section 515(a), such as design, engineering, financial, technical, legal, banking, medical, management, operating, advertising, or other services. h. Contracts where compliance with the LWO is not in the best interests of the City as certified by the City Manager and approved by the City Council. 2. Exemptions Requiring City’s Approval. In order to qualify for the following exemptions, contractors must submit an Application for Exemption on the form included in Appendix B. The exemption is not valid until the Living Wage Manager approves the contractor’s application. a. Businesses employing 12 or fewer employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, if the City determines the business, including its subcontractors, will not need to retain more than 12 employees to perform work related to the subject agreement. (1) The number of employees includes: (a) The contractor’s employees as of the date the contract is signed; (b) The employees the contractor reasonably believes it will hire during the course of the contract, whether those employees will work on the City contract or not; (c) The employees of the contractor’s parent and subsidiary entities; and (d) The employees of any subcontractors the contractor proposes to use to perform all or a portion of the service covered by the contract. (2) Along with the Application for Exemption, the contractor must provide written documentation of the number of employees. Acceptable documentation shall include a letter on the contractor’s letterhead and signed by an officer who is authorized to legally bind the entity and a copy of the firm’s State of California Employment Development Department Quarterly Contribution Return and Report of Wages (Continuation) [form DE9C]. (3) A previously exempt contract may later become subject to the LWO if the number of employees exceeds 12 as calculated according to these Rules. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 10 OF 22 ATTACHMENT C b. Businesses organized under section 501(c)(3) of the United States Internal Revenue Code, 26 U.S.C. §501(c)(3) to provide community-based social services, other than child care services. Such businesses must provide the following additional documents in support of an Application for Exemption: (1) A copy of the most recent IRS letter indicating that the business has been recognized as a non-profit corporation under section 501(c)(3) of the United States Internal Revenue Code. (2) A statement showing that the business’s highest paid officer’s salary, when calculated on an hourly basis, is less than eight times the hourly wage rate of the lowest paid full-time employee. (a) The “lowest paid full-time employee” refers to the lowest paid full-time employee of the business, regardless of whether that employee works on the City agreement. (b) In calculating the salary of the highest paid officer and the wage rate of the lowest paid full-time employee, items such as cash allowances for car expenses, meals, parking, or the value of pension plan contributions shall not be included. c. Collective Bargaining Agreement: A collective bargaining agreement may exempt a contract from the LWO provided such waiver or exemption is explicitly stated in the collective bargaining agreement. (1) If the collective bargaining agreement does not specifically indicate that it is exempt from, or waives, the provisions of the LWO, the employer shall submit written confirmation from the union representing the employees that the union and the employer have agreed that the collective bargaining agreement supersedes the LWO. (2) The provisions of the LWO shall not be interpreted to require an employer to reduce the wages and benefits required by a collective bargaining agreement. d. Negotiation of Collective Bargaining Agreement: An employer subject to the LWO may apply for provisional exemption from the LWO if the employer and the union are engaged in negotiations and the issue of supersession of the LWO has been proposed. If provisional exemption status is granted, it is valid until the end of the negotiation process. (1) The employer must provide sufficient documentation with the application and shall provide status reports upon request from the City. (2) At the end of the negotiation process, the employer shall provide the Living Wage Manager with a copy of the final collective bargaining agreement to verify whether it supersedes the LWO and the effective dates. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 11 OF 22 ATTACHMENT C (a) If the final collective bargaining agreement supersedes the LWO, the employer shall be exempt for the time period covered by the effective dates. However, the employer remains subject to all applicable provisions of the LWO for the time period not covered by that collective bargaining agreement and if the employer has not complied with the LWO during the time period not covered by that collective bargaining agreement, the employer shall make retroactive corrections. (b) If the final collective bargaining agreement does not supersede the LWO, the employer shall be required to comply with all applicable LWO requirements, including the wage and benefits provisions. Compliance shall also be required retroactively to the date the employer first became subject to the LWO. If necessary, the employer shall provide retroactive payments to covered employees. 3. Determination of Exemption. The Living Wage Manager shall review Applications for Exemption and, upon approval from the Director of Administration, provide a final determination within 10 working days after receipt of all forms, documentation, and, if necessary, legal opinions. a. A determination by the Living Wage Manager that a bidder or employer is exempt from the LWO exempts the bidder or employer only for the agreement for which the application was submitted. Approval does not exempt the bidder or employer for any other bid or agreement. b. An exemption approval does not extend to any subcontractor unless the subcontractor separately applies for and is granted an exemption from the LWO or unless the Living Wage Manager has categorically exempted the agreement. c. If the Living Wage Manager categorically exempts an agreement from the LWO, then neither the prime contractor nor any subcontractor working on the agreement will be subject to the LWO. d. An exemption from the LWO approved by the Living Wage Manager does not extend to the anti-retaliation provision of the LWO. Notwithstanding the Living Wage Manager’s determination that an agreement is exempt, the employer and subcontractors are required to comply with the prohibition against retaliation. 4. Liberal Interpretation of Definitions. In accordance with SDMC §22.4215(c), the definitions of service contract, financial assistance agreement, or City facility agreement shall be liberally interpreted so as to further the policy objectives of the LWO. D. EMPLOYER REQUIREMENTS All employers, including subcontractors, who perform work or provide services pursuant to an agreement that is subject to the LWO must comply with all requirements of the LWO and these Rules. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 12 OF 22 ATTACHMENT C 1. LWO Requirement of Minimum Compensation. a. Covered employers must pay covered employees a “living wage” which shall be no less than the minimum initial compensation as defined in the LWO and included in Attachment A. If the employer offers no health benefits, the covered employer shall pay the covered employee at least the full cash living wage rate. If the covered employer offers health benefits, the terms must be in accordance with the LWO and these Rules. b. The Living Wage Manager shall upwardly adjust wage rates each fiscal year, effective July 1, to reflect the change in the regional Consumer Price Index for All Urban Consumers. The Living Wage Manager shall provide notice of the new wage rate by publishing an announcement of such wage adjustments on the City’s website. c. Covered employers are required to pay the living wage rate and benefits to covered employees working on the City agreement for each hour the employee works on the subject agreement. Benefits include health care or cash equivalent, compensated days off, and uncompensated days off. d. A covered employer shall not use tips or gratuities earned by a covered employee to offset the amount required by the LWO. 2. LWO Health Benefits. Covered employers may pay covered employees the living wage either fully in cash or largely in cash and partly by a health benefits payment of a minimum dollar amount per hour toward the cost of health and medical care insurance as defined in the LWO and these Rules. a. If the covered employer elects not to provide health and medical care insurance, the full cash living wage rate must be paid to a covered employee. b. If the covered employer elects to provide a covered employee with health and medical care insurance, proof of the provision of health benefits must be submitted to the Living Wage Manager not later than 10 calendar days after a request for such documentation. (1) If the submitted documentation does not demonstrate that health benefits are provided in accordance with the LWO and these Rules, the covered employer will be considered to be out of compliance with the LWO until sufficient documentation is received. (2) In addition to remedies provided for by the LWO, failure to provide the requested information may result in payment being withheld until documents are submitted. c. If the covered employer elects to provide health and medical care insurance through a plan costing less than the minimum dollar amount per hour as specified in the LWO, the difference shall be added to the covered employee’s hourly wage rate as cash payment. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 13 OF 22 ATTACHMENT C d. A co-premium may be required of a covered employee only if the cost of health and medical care insurance is greater than the minimum dollar amount per hour as specified in the LWO. 3. Compensated and Uncompensated Time Off. A covered employer must provide a covered employee working on the City agreement at least 10 compensated days off per year for sick leave, vacation, or personal necessity at the covered employee’s request, and 10 additional uncompensated days off per year for sick leave for illness of the covered employee or an immediate family member, when the covered employee has exhausted all accrued compensated days off. a. A covered employee shall accrue a minimum of 10 compensated days off per year of full-time employment based on the covered employee’s regularly scheduled work hours. A part-time covered employee shall accrue compensated days off in increments proportional to that accrued by a full-time covered employee. (1) A covered employer may not unreasonably deny a covered employee’s request to use an accrued compensated day off. (2) A covered employee’s request for time off is presumed to be a request for paid time off unless the covered employee specifically asked for unpaid time off. (3) A covered employee shall be eligible to use accrued paid days off after the first 6 months of employment or consistent with company policy, whichever is sooner. (4) A covered employee shall accrue time off unless the covered employee has been on a leave of absence without pay for over 30 calendar days. (5) Upon return to work following an unpaid leave of absence of more than 30 calendar days, a covered employee shall begin to accrue compensated days off at the appropriate applicable full-time or part-time rate. b. Paid holidays that are provided under established employer policy shall not be counted toward the provision of the 10 compensated days off. (1) Payment of premium pay for work performed on a holiday does not constitute a compensated day off for purposes of the LWO. (2) For a holiday to qualify as one of the minimum 10 paid days off required under the LWO, a covered employee who works on a holiday must be allowed to take another paid day off in lieu, even if the covered employee is provided with premium pay for the hours worked on the holiday. c. Unused compensated days off accrued by a covered employee working on a subject agreement shall be carried over for at least one year, with the carryover date based on the date of accrual. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 14 OF 22 ATTACHMENT C d. The LWO does not require the covered employer to cash out compensated days off upon a covered employee’s termination unless otherwise required by law. e. A covered employer may choose to provide covered employees with more compensated days off than is required under the LWO and these Rules. f. The Living Wage Manager, upon approval from the Director of Administration, may allow a covered employer’s established compensated time off policy to remain in place, even though it does not meet the accrual rate and eligibility deadlines required in these Rules, if the Living Wage Manager determines all of the following conditions are met: (1) The covered employer’s established policy provides covered employees with more than 10 paid days off per year; (2) At least a portion of the paid days off are available for use by covered employees within the first year of employment; and (3) The Living Wage Manager determines requiring the covered employer to change its policy to comply with these Rules will result in covered employees receiving fewer benefits. g. At least 10 uncompensated days off shall be made available, as needed, for personal or immediate family illness after a covered employee has exhausted his or her compensated days off. Whether a covered employee may take uncompensated time off before exhausting accrued compensated time off shall be determined by the covered employer. Accrual from year to year of uncompensated days off is not mandated by the LWO. h. A covered employer working on or under the authority of a subject agreement who fails to provide covered employees with time off in accordance with the requirements of the LWO and these Rules shall provide the affected covered employees with the time off retroactive to the effective date of the agreement or amendment. A covered employer required to provide covered employees with time off retroactively shall: (1) Calculate the amount of compensated time off the covered employee should have accrued under the LWO and pay the covered employee the cash value at the wage rate the covered employee was earning when the compensated time-off should have accrued. (2) Calculate the amount of uncompensated time off that the covered employee should have accrued under the LWO and add the additional amount of uncompensated time-off the covered employees should have earned to the uncompensated time-off already accrued by the covered employee. 4. LWO Notice to Employees. A covered employer shall post a copy of the LWO Notice to Employees included in Appendix B in a prominent place in an area frequented by employees. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 15 OF 22 ATTACHMENT C a. If no such central area is frequented on a regular basis by employees, the covered employer shall annually distribute a copy of the LWO Notice to Employees with employee paychecks immediately after July 1 of each year to ensure employees are advised of the adjusted wage and health benefits rates. b. A covered employer shall notify each current employee, and each new employee at time of hire, of his or her rights under provisions of the LWO by providing employees with a copy of the LWO Notice to Employees in Appendix B. c. Business shall post a notice to employees in a prominent place in an area frequented by employees informing them of any applicable exemptions from the LWO. 5. Federal Earned Income Tax Credit (EITC). Within 30 days of commencement of work on a City agreement or subcontract subject to the LWO, the covered employer shall inform all covered employees of their possible right to EITC. The covered employer shall annually distribute information regarding EITC with employee paychecks. 6. Reporting Requirements. a. Each covered employer shall file an LWO Certification of Compliance with the Living Wage Manager within 30 days of becoming a covered employer. (1) Covered employers are required to ensure that all applicable subcontractors file an LWO Certification of Compliance within 30 days of becoming covered by the LWO. (2) The LWO Certification of Compliance shall be completed on the form included in Appendix B. (3) Failure to file an LWO Certification of Compliance may result in payment being withheld until the document is submitted. b. Contractors shall maintain, and shall require subcontractors covered by the LWO to maintain, payroll records on covered employees containing the following information: (1) Name. (2) Address. (3) Date of hire. (4) Job classification. (5) Rate of pay. (6) Hours worked in each pay period with time on LWO-covered contracts clearly CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 16 OF 22 ATTACHMENT C indicated. (7) Cost and amount paid for health benefits. (8) Paid time off (accrued and used) and unpaid time off (accrued and used). c. Contractors and subcontractors must maintain the records referred to in these Rules to document compliance with the LWO for at least 3 years after the City’s final payment on the contract. d. Contractors and subcontractors shall make these records available for inspection to the City upon request. Covered employers shall make a covered employee’s individual records available for inspection to the covered employee upon such a request. 7. Contractor Annual Reports. Each covered employer shall file an annual report with the Living Wage Manager regarding compliance with the LWO. The Living Wage Manager shall prescribe the contents and due date of the report. The City may require a contractor to submit additional reports. 8. City Access to Employer Records to Monitor Compliance with the LWO. A covered employer, subject to the LWO, shall allow authorized City representatives access to work sites, upon request, to monitor compliance and investigate employee complaints. A covered employer shall submit, upon request, copies of payrolls, health benefit statements, and related documents to comply with the LWO. The City may require the covered employer to submit other documentation. Failure to submit documents or allow access to the work sites as requested may be deemed as non-compliance with the LWO. In addition to remedies provided for by the LWO, such non-compliance may result in a recommendation that the covered employer’s subject agreement be terminated and/or payments to the covered employer be withheld until access is provided and documentation is submitted. 9. Disclosure of Documents and Information. Documents and information obtained in the course of administration of the LWO become City records. Disclosure is subject to provisions and limitations of the California Public Records Act. Consistent with the Public Records Act, documents and information obtained during the course of an investigation or inquiry shall remain confidential while the investigation or inquiry is ongoing. 10. Subcontractors Subject to the LWO. A subcontractor performing work or providing services on an agreement subject to the LWO shall also comply with the LWO unless the subcontractor qualifies for an exemption. A subcontractor may be subject to the LWO even if the prime contractor has been granted an exemption. a. A prime contractor is responsible for informing its subcontractor of the subcontractor’s obligation to comply with the LWO. Language obligating the subcontractor to comply with the LWO shall be included in each subcontract between the prime contractor and the subcontractor. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 17 OF 22 ATTACHMENT C b. If the City finds that a prime contractor intentionally entered into separate agreements to keep subcontracts below the $25,000 threshold, the Living Wage Manager may determine that the separate subcontracts are subject to the LWO. c. If the City finds that an employer classified a worker as an independent contractor in order to avoid complying with the LWO, the Living Wage Manager may require the employer to comply with the LWO and/or recommend terminating the employer’s agreement. The Living Wage Manager may consider the following factors in determining whether a worker is a bona fide independent contractor: (1) Whether the worker has the right to control or discretion to determine how to perform the work required under the City agreement. (2) Whether similar workers in the industry or field are customarily engaged as independent contractors for the type of work. (3) Whether the worker has any substantial investment other than personal services in the business. (4) Whether the worker has control over the time and place of work. (5) Whether the worker supplies his or her own tools or equipment, if they are normally used by persons engaged in such work. (6) Whether the worker hires employees. E. ADMINISTRATIVE RECORDKEEPING AND REPORTS 1. LWO Administrative Records and Reports. The Director of Administration shall maintain a list of all subject and exempt agreements and a file of all complaints, findings, and results. The Director of Administration may provide special reports and recommendations on significant issues of interest to the City Council. 2. Report to Council. In accordance with SDMC §22.4235, on July 1 of each year, or as soon thereafter as is practicable, the Director of Administration shall provide an annual report to the City Council generally describing the effects of the LWO upon the City. 3. Annual LWO Wage Rate Adjustment. Beginning July 1, 2007, the hourly wage rates and health benefits rate shall be upwardly adjusted each July 1 to reflect the change in the regional Consumer Price Index for All Urban Consumers for the twelve-month period preceding December 31 of the previous year. Prior to April 1 of each year, the Living Wage Manager shall calculate the new rates and provide notice by posting on the City’s website the rates in effect for the next fiscal year. F. MONITORING AND INVESTIGATION These Rules will augment the City’s normal and customary procedure for administering its CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 18 OF 22 ATTACHMENT C contracts. 1. LWO Contract Language. The Living Wage Manager will assist departments to ensure standard LWO contract language is incorporated into all agreements subject to the LWO. 2. Employer Monitoring. The Living Wage Manager will monitor the operations of covered employers to ensure compliance by conducting site visits and payroll reviews. The Living Wage Manager may review the provision of wages and benefits by a covered employer as part of site visits. A covered employer shall cooperate with the Living Wage Manager when a meeting, a site visit, or documentation is requested. Cooperation includes providing: a. Full access to the work site for employer and employee interviews. b. Copies of certified payrolls, timesheets, health and benefit statements, employee policy manuals, and any other document that would assist in determining if a covered employer is providing or has provided the wages and benefits required by the LWO. 3. Investigation in Response to Specific Concerns or Complaints. Whether based upon a complaint or otherwise, the City shall initiate an investigation when there is a specific concern or complaint about a covered employer. If a covered employee alleges noncompliance with the LWO or retaliation by the contractor as a result of an allegation, the City shall initiate an investigation pursuant to these Rules. 4. Employer’s Failure to Reasonably Cooperate. If a covered employer fails to produce requested documentation, fails to allow access to the work site or the covered employees for employee interviews, or otherwise unreasonably fails to cooperate, the Living Wage Manager may consider the covered employer to be out of compliance with the LWO. In addition to remedies provided in the LWO, the Living Wage Manager may request payments to the covered employer be withheld until the covered employer cooperates. G. ENFORCEMENT 1. Notice to Employer of LWO Violations. Whether based upon a complaint or otherwise, if the Living Wage Manager determines that a covered employer is not in compliance with the LWO, the Living Wage Manager will issue a written notice to the employer that the violation is to be corrected within 30 days. 2. Remedies. If a covered employer has not demonstrated within 30 days that it has substantially cured any material violation of the LWO and no resolution is imminent, the Living Wage Manager upon approval from the Director of Administration shall initiate one or more of the following: a. Request the Purchasing Agent to declare a material breach of the service contract, financial assistance agreement, or City facility agreement and exercise its contractual remedies including but are not limited to termination of the service contract, financial assistance agreement, or City facility agreement and the return of monies paid by the City for services not rendered. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 19 OF 22 ATTACHMENT C b. Recommend debarment under Article 2, Chapter 2, Division 8 of the San Diego Municipal Code to debar the covered employer from future City contracts for a period of three years or until all penalties and/or restitution have been fully paid, whichever occurs last. c. Request a determination of non-responsibility under Article 2, Chapter 2, Division 32 of the San Diego Municipal Code. d. Request that the City Attorney bring a civil action against the employer seeking any legal remedies, including but not limited to: (1) Where applicable, payment to the covered employee of all unpaid wages and/or health premiums prescribed by the LWO; and/or (2) A fine payable to the City in the amount of up to one hundred dollars ($100) for each violation for each day the violation remains uncured. 3. Prime Contractor Responsible for Subcontractor. A covered employer who is a prime contractor is responsible to: a. Inform covered subcontractors of their obligation to comply with the LWO; b. Include language requiring the subcontractor to comply with the LWO in each subcontract between the prime contractor and a covered subcontractor; c. Require covered subcontractors to file a Certificate of Compliance within 30 days of becoming a covered employer; and d. Cooperate with the City’s investigation of covered subcontractors. 4. Employee’s Right to File Action. An employee claiming a violation of the LWO shall have the right to file an action against his or her employer in the appropriate court within one year after discovery of the alleged violation. The court shall award the following: a. For failure to pay the required living wage: the difference between the required living wage rate and the amount actually paid to the employee, plus interest. b. For failure to pay the health benefits rate: the difference between the required health benefits rate and the amount actually paid towards the health benefits rate, plus interest. c. For retaliation for exercise of any rights provided for under the LWO: reinstatement, back pay, and/or any other relief that a court may deem appropriate. d. For a willful violation of this division, a court shall award as a penalty up to treble the amount of monies to be paid as damages. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 20 OF 22 ATTACHMENT C e. The court shall award reasonable attorney’s fees and costs to an employee who prevails in any such private action and to an employer who prevails if the employee’s suit is found to be frivolous. 5. Prohibition against Retaliation. Neither an employer nor an employer’s representative shall take any action against an employee in retaliation for alleging non-compliance with the LWO or for providing information towards or cooperating in an investigation regarding compliance with the LWO. If an employee is terminated, demoted, suffers reduced compensation, is discriminated against, or otherwise penalized by an employer or employer’s representative within 60 days of alleging non-compliance, providing information towards or cooperating in an investigation regarding compliance with the Living Wage Ordinance, for opposing any practice proscribed by this division, for participating in proceedings related to this division, or for asserting or seeking to enforce his or her rights under the LWO by any lawful means, a rebuttable presumption shall arise that the action was taken in retaliation for the employee’s participation and shall be considered a violation of these Rules. H. EMPLOYEE COMPLAINT PROCESS 1. Employee Complaints. An employee who alleges violation of any provision of the LWO by an employer may report such acts to the Living Wage Manager and, at the employee’s discretion, exhaust available employer internal remedies. An employee making a complaint regarding an employer’s compliance with the LWO may submit the complaint in writing to the Living Wage Manager, on the LWO Employee Complaint Form, which is included in Appendix B. 2. Complaints Alleging Retaliation. An employee claiming retaliation (such as termination, reduction in wages or benefits, or adverse changes in working conditions) under terms of the LWO may report the alleged retaliation to the Living Wage Manager in writing, on the LWO Employee Complaint Form, which is included in Appendix B. 3. Confidentiality of Information during Investigation. Consistent with the California Public Records Act, information and records obtained by the City in the course of its complaint investigations, including identity of the complainants and witnesses, shall be considered confidential and exempt from public disclosure during the course of the investigation. 4. Investigation of Employee Complaints. Upon receipt of an employee’s written complaint, the City shall investigate and address any alleged violation of LWO requirements. Upon conclusion of the investigation, the Living Wage Manager shall notify the employee of the results. 5. Resolution of Investigation into Employee Complaints. The City will attempt to complete an investigation into an employee’s complaint within 30 to 60 days. If the investigation is not complete within 60 days, the Living Wage Manager shall notify the employee of the status of the investigation and provide regular status reports to the employee every 30 days until the investigation is completed. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 21 OF 22 ATTACHMENT C 6. Submission of Additional Information after Completion of Investigation. Upon completion of an investigation, the Living Wage Manager upon approval from the Director of Administration will notify the covered employee, and the covered employer if appropriate, of the investigation results. a. Either the employee or the employer may request reconsideration of the Living Wage Manager’s investigation findings. Such request for reconsideration shall be based solely on discovery of new information, which, along with the written reconsideration request, shall be submitted to the Living Wage Manager, within 30 days of receiving notice of the findings. b. If the request for reconsideration and new information is received before the 30 day deadline, the Living Wage Manager upon approval from the Director of Administration will re-evaluate the original complaint and notify the employee and the employer the result of the reconsideration. c. If the request for reconsideration and the new information is submitted after the 30 day deadline, the discretion of whether to reopen the investigation shall lie solely with the Director of Administration. 7. Payment of Amounts Due to Employees. If corrective payments are required to be paid to employees in order to comply with the LWO, the employer shall pay the entire amount due to each employee in one payment within the time period required by the City in its notice to the employer. CITY OF SAN DIEGO ■ RULES IMPLEMENTING THE LIVING WAGE ORDINANCE ■ PAGE 22 OF 22 ATTACHMENT C APPENDIX A City of San Diego CURRENT LIVING WAGE RATES EFFECTIVE DATES INCREASE CASH WAGE + HEALTH BENEFITS FULL CASH WAGE July 1, 2012 – June 30, 2013 3.0% $11.47 + $2.30 per hour in Health Benefits $13.77 per hour July 1, 2011 – June 30, 2012 1.3% $11.14 + $2.23 per hour in Health Benefits $13.37 per hour July 1, 2010 – June 30, 2011 0.0% $11.00 + $2.20 per hour in Health Benefits $13.20 per hour July 1, 2009 – June 30, 2010 3.9% $11.00 + $2.20 per hour in Health Benefits $13.20 per hour July 1, 2008 – June 30, 2009 2.3% $10.58 + $2.12 per hour in Health Benefits $12.70 per hour July 1, 2007 – June 30, 2008 3.4% $10.34 + $2.07 per hour in Health Benefits $12.41 per hour July 1, 2006 – June 30, 2007 N/A $10.00 + $2.00 per hour in Health Benefits $12.00 per hour For additional information, please contact: City of San Diego Living Wage Program 202 C Street, MS 9A San Diego, CA 92101-4195 Phone: 619/533-3948 Fax: 619/533-3220 ATTACHMENT C APPENDIX B City of San Diego LIVING WAGE ORDINANCE NOTICE AND FORMS The notice and forms listed below are approved by the City for use in conjunction with these Rules. When these Rules refer to the use of a notice or form, only the current version included in this Appendix B may be used. NOTICES: Living Wage Ordinance Notice to Employees (English, Spanish) Earned Income Tax Credit Information (English, Spanish) FORMS: Living Wage Ordinance Certification of Compliance Living Wage Ordinance Application for Exemption Living Wage Ordinance Employee Complaint Form (English, Spanish) ATTACHMENT C ORDENANZA DEL SUELDO DIGNO LIVING WAGE ORDINANCE NOTICE TO EMPLOYEES AVISO PARA EMPLEADOS This employer is a contractor with the City of San Diego. This contract is subject to the Living Wage Ordinance. You must be paid “a living wage” for any hours you work on this contract. Este empleador es contratista de la Ciudad de San Diego. Este contrato está subjeto a la Ordenanza del Sueldo Digno. Usted debe ser pagado “un sueldo digno” por cada hora trabajada bajo este contrato. THESE ARE YOUR RIGHTS… ESTOS SON SUS DERECHOS… MINIMUM HOURLY PAY: COMPENSACIÓN MÍNIMA POR HORA:  $13.77/hour without health benefits.  $13.77/hora sin prestaciones médicas. OR O  $11.47/hour plus at least $2.30/hour in health benefits.  It’s the employer’s choice whether to provide health benefits.  If health benefits cost less than $2.30/hour, the difference is added to the hourly wage.  Rates are adjusted annually; listed rates are effective from July 1, 2012 through June 30, 2013. ●  $11.47/hora más un mínimo de $2.30/hora de prestaciones médicas.  Es la elección del empleador de ofrecer prestaciones médicas. •  Si las prestaciones médicas cuestan menos de $2.30/hora, la diferencia es añadida al salario.  El sueldo se ajusta anualmente; el sueldo actual tiene vigencia Julio 1, 2012 hasta Junio 30, 2013. MINIMUM DAYS OFF PER YEAR: DÍAS LIBRES MÍNIMO CADA AÑO: 10 paid days for vacation, sick leave, or other personal need  10 días pagados para vacaciónes, enfermedad, o razones personales  Days off are in addition to paid holidays.  Días libres son adicionales a los días festivos.  Days off are pro-rated based on hours worked at living wage rate.  Días libres son ajustados por horas trabajadas al sueldo digno. AND Y  10 unpaid days for personal or family illness.  10 días sin pagar por enfermedad personal o familiar. RETALIATION IS PROHIBITED: SE PROHIBE CUALQUIER TIPO DE REPRESALIA: Employers may not fire, reduce pay or discriminate against a worker for filing a complaint.  Los empleadores no pueden despedir, reducir la paga, ni discriminar contra un trabajador por presentar una queja. FOR MORE INFORMATION PARA MAYOR INFORMACION For more information or to obtain a complaint form if you believe your rights are being violated, please contact: Para más información o para obtener un formulario de quejas si usted considera que sus derechos han sido violados, por favor llame: LIVING WAGE PROGRAM ADMINISTRATION DEPARTMENT, CITY OF SAN DIEGO 202 C Street, MS 9A, San Diego, CA 92101 Phone (619) 533-3948 Fax (619) 533-3220 www.sandiego.gov/administration/programs/livingwage ATTACHMENT C Earned Income Tax Credit El Crédito Tributario por Ingreso del Trabajo The Earned Income Tax Credit, or EITC, is a tax break for people who work but do not earn high incomes. Taxpayers who qualify and claim the credit could pay less federal tax, pay no tax, or receive a refund. El Crédito Tributario por Ingreso el Trabajo, o EITC, es un beneficio tributario para las personas que trabajan pero que no ganan mucho dinero. Los contribuyentes que reúnen los requisitos y reclaman el crédito podrían pagar menos impuesto federal, no pagar ningún impuesto federal o hasta recibir un reembolso. All people eligible for EITC have 7 things in common: Todas las personas que reúnen los requisitos para el EITC tienen 7 cosas en común: 1. Must have earned income. 1. Tienen que tener ingreso del trabajo. 2. Must have a valid Social Security number. 2. Tienen que tener un número de seguro social válido. 3. Cannot file as married filing separately. 4. Generally cannot be a nonresident alien. 5. Cannot be a qualifying child of another person. 6. Cannot be filing Form 2555 or Form 2555-EZ. 7. Investment income amount is limited. 3. No pueden presentar la declaración como casados que presentan por separado. 4. Por lo general, no pueden ser extranjeros no residents. 5. No pueden ser hijo calificado de otra persona. 6. No pueden presentar el Formulario 2555 o el Formulario 2555-EZ. 7. El ingreso de inversiones es limitado. The 4 most common EITC filing errors: Los 4 errores más frecuentes que se cometen cuando se reclama el EITC: 1. Claiming a child who’s not a qualifying child. 1. Reclamar un hijo que no es un hijo calificado. 2. Married taxpayers who incorrectly file as single or head of household. 3. Misreporting income. 2. Contribuyentes casados que presentan la declaración incorrectamente como soltero o cabeza de familia. 4. Incorrect Social Security Numbers. 3. Declarar el ingreso incorrectamente. 4. Números de seguro social incorrectos. For more information: Para más información: CALL 1.800.829.1040 LLAME AL 1.800.829.1040 VISIT www.irs.gov/eitc VISITE www.irs.gov/espanol ASK YOUR TAX PREPARER PREGÚNTELE A SU PREPARADOR DE IMPUESTOS ATTACHMENT C Send form to: LIVING WAGE ORDINANCE CERTIFICATION OF COMPLIANCE CITY OF SAN DIEGO LIVING WAGE PROGRAM 202 C Street, MS 9A, San Diego, CA 92101 Phone (619) 533-3948 Fax (619) 533-3220 COMPANY INFORMATION Company Name: Company Address: Company Contact Name: Contact Phone: CONTRACT INFORMATION Contract Number (if no number, state location): Start Date: Contract Amount: End Date: Purpose/Service Provided: TERMS OF COMPLIANCE A contractor or subcontractor working on or under the authority of an agreement subject to the Living Wage Ordinance (LWO) must comply with all applicable provisions of the LWO unless specifically approved for an exemption. The basic requirements of the LWO obligate contractors and subcontractors to: (a) Pay covered employees a wage no less than the minimum initial compensation of $11.47 per hour (adjusted annually on July 1). (b) Provide covered employees a health benefit of $2.30 per hour (adjusted annually on July 1) or, if any lesser amount is applied toward a health plan, to add this difference to the hourly wage rate as cash payment. (c) Provide a minimum of 10 compensated days off per year for vacation, sick leave, or other personal need at the employee’s request and provide 10 additional uncompensated days off for personal or family illness when accrued compensated days off have been used. (d) Inform all covered employees of their possible right to Federal Earned Income Tax Credit within 30 days of contract start. (e) Permit access for authorized City representatives to work sites and relevant records to review compliance with the LWO. (f) Maintain wage and benefit records for covered employees for 3 years after final payment. (g) Prohibit retaliation against any employee who alleges non-compliance with the requirements of the LWO. If a subcontractor fails to submit this completed form, the prime contractor may be found in violation of the LWO for failure to ensure its subcontractor’s compliance. This may result in a withhold of payments or termination of the agreement. CONTRACTOR CERTIFICATION By signing, the contractor certifies under penalty of perjury under laws of the State of California to comply with the requirements of the Living Wage Ordinance. Name of Signatory Title of Signatory Signature Date FOR OFFICIAL CITY USE ONLY Date of Receipt: LWO Analyst: Contract Number: ATTACHMENT C Send form to: CITY OF SAN DIEGO LIVING WAGE PROGRAM 202 C Street, MS 9A, San Diego, CA 92101 Phone (619) 533-3948 Fax (619) 533-3220 LIVING WAGE ORDINANCE APPLICATION FOR EXEMPTION COMPANY INFORMATION Company Name: Company Address: Company Contact Name: Contact Phone: CONTRACT INFORMATION Contract Number (if no number, state location): Start Date: Contract Amount: End Date: Purpose/Service Provided: EXEMPTION BASIS Check one option and submit required supporting documentation. □ Business employs 12 or fewer employees, including parent and subsidiary entities, for each working day in each of 20 or more calendar weeks in current or preceding calendar year and, in the City’s determination, will not need to retain more than a total of 12 employees (including subcontractors) to perform work related to the City contract. §SDMC 22.4215 (b)(1). Required documentation: Correspondence on company letterhead and signed by a legally authorized officer documenting number of employees AND copy of firm’s State of California Employment Development Department Quarterly Contribution Return and Report of Wages (Continuation) [form DE9C] for prior two quarters. □ Business organized under IRS section 501(c)(3) and highest officer’s salary, when calculated on an hourly basis, is less than eight times the hourly wage rate of the lowest paid full-time employee. §SDMC 22.4215 (b)(2). Required documentation: Copy of IRS letter recognizing status as non-profit organized under section 501(c)(3) AND statement of salary listing corporation’s highest paid officer and lowest paid worker, both computed on an hourly basis. □ Collective Bargaining Agreement is in place which specifically supersedes the Living Wage Ordinance. §SDMC 22.4240. Required documentation: Copy of collective bargaining agreement OR written confirmation from union representing employees working on the contract. □ Other – Cite LWO Municipal Code section: ___________________________________ Required documentation: Correspondence explaining basis of request for exemption. CONTRACTOR CERTIFICATION By signing, the contractor certifies under penalty of perjury under laws of the State of California that information submitted in support of this application is true and correct to the best of the contractor’s knowledge. Name of Signatory Title of Signatory Signature Date Approval of this application exempts only the listed contractor from the LWO during performance of this contract. A subcontractor performing work on this contract is not exempt unless separate exemption has been applied for and approved. FOR OFFICIAL CITY USE ONLY □ □ Not Approved – Reason: Approved LWO Analyst: Date: ATTACHMENT C Send form to: CITY OF SAN DIEGO LIVING WAGE PROGRAM 202 C Street, MS 9A, San Diego, CA 92101 Phone (619) 533-3948 Fax (619) 533-3220 EMPLOYEE COMPLAINT FORM FORMULARIO DE QUEJAS COMPANY INFORMATION INFORMACIÓN SOBRE LA COMPAÑÍA Company Name: Nombre de la Compañía: Company Address: Dirección de la Compañía: Company Phone: Teléfono de la Compañía: Work Site Address: Sitio de Trabajo: Supervisor Name: Superintendente/Gerente: Your Name: Su Nombre: Address: Direccion: Telephone number Home: Número de teléfono Residencia: Hourly Rate Paid: Sueldo por hora: Current job title: Puesto: Do you receive health benefits? ¿Recibe usted prestaciones médicas? EMPLOYEE INFORMATION INFORMACIÓN SOBRE EL EMPLEADO Social Security Number: Número de Seguridad Social: Work: Trabajo: Overtime Rate Paid: Sueldo por horas extras: How long have you worked for this company? ¿Cuánto tiempo ha trabajado para esta compañía? If Yes, how much do you pay for your benefits? ¿Si Sí, cuánto le hacen pagar por sus prestaciones médicas? EMPLOYEE COMPLAINT QUEJA DE EMPLEADO Use reverse side if needed Use el reverso si requiere de mas espacio Signature · Firma del Empleado Date · Fecha FOR OFFICIAL CITY USE ONLY PARA LA OFICINA DE LA CIUDAD SOLAMENTE Date of Receipt: LWO Analyst: Contract Number: ATTACHMENT D Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contract No. 07/01/2012 06/30/2013 Contract # 4600000004 4600000005 Bid # 9680-09-Z 9704-09-Q 4600000007 9679-09-Q 460000019 9637-09-Q 4600000032 9615-09-L 4600000038 9740-09-Q 4600000041 9702-09-Q 4600000082 9918-10-L 4600000091 4600000092 4600000112 9716-09-Q 9767-09-Q 9703-09-V 4600000118 9613-09-L 4600000120 9613-09-L 4600000121 9613-09-L 4600000122 9613-09-L 4600000126 9613-09-L 4600000130 9901-10-Q 4600000135 9690-10-W 4600000147 9610-10-L 4600000157 9105-08-Z 4600000174 9719-09-Q 4600000195 4600000206 9678-10-V 9945-10-Q 4600000250 9950-10-Q 4600000251 9944-10-Q Bid Title Abatement Services Landscape Maintenance of Carmel Del Mar Park & Comfort Station Tree Maintenance Service in the Carmel Valley MAD Landscape Maintenance of So Bay Wastewater Reclamation Plant & Grove Av Pump Station Cleaning of Sludge Hopper Bay Area at Metro Biosolids Center Landscape Maintenance of Various Metro Wastewater Dept Reclamation Plants Landscape & Comf Sta Maintenance for Scripps Ranch Comm Park & Joint Use Turf Removal & Transport of Scum/Sludge, Grit & Storm Water w/in City Facility as needed Landscape Maintenance w/in Coral Gate MAD Landscape Maintenance for Linda Vista MAD 40 Cubic Yard Roll-Off Containers & Disposal Services as needed Janitorial Maintenance Service at Various Wastewater/Water Facilities Janitorial Maintenance Service at Various Wastewater/Water Facilities Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 4, 5, 6, 7 Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 9 Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 3 Landscape Maintenance w/in East Village Redevelopment & Ballpark Infrastructure Wastewater Pumping Svc, Lot 2, Sec 1 & Lot 5 Contractor B & Z Builders, Inc Aztec Landscaping, Inc Start End 07/28/2009 07/14/2014 07/28/2009 07/31/2014 Contract Amount $147,552 $30,688 So Cal Tree Care, Inc 08/03/2009 07/31/2014 $177,785 Aztec Landscaping, Inc 08/22/2009 09/30/2014 $34,037 Quality Coast, Inc 09/08/2009 09/30/2014 $82,388 Acacia Landscape Company Aztec Landscaping, Inc 09/14/2009 10/31/2014 $109,879 09/02/2009 09/30/2014 $74,484 Clean Harbors Environmental Aztec Landscaping, Inc Goldkamp Landscaping Ware Disposal 11/13/2009 11/30/2014 $37,695 11/29/2009 12/31/2014 12/01/2009 08/20/2012 12/19/2009 02/14/2015 $55,408 $66,509 $25,000 T & T Janitorial 01/11/2010 03/31/2015 $108,834 DMS Services, LLC 01/12/2010 03/31/2015 $147,799 Prizm Janitorial Services Inc NMS Management, Inc 01/12/2010 03/31/2015 $51,056 01/12/2010 03/31/2015 $31,741 01/13/2010 03/31/2015 $37,483 01/15/2010 01/31/2015 $76,706 United Sites Services of 01/22/2010 01/31/2015 CA Inc NMS Management, Inc 02/11/2010 03/31/2015 $39,000 $71,736 02/19/2010 02/17/2015 $665,463 03/13/2010 04/14/2015 $47,617 03/28/2010 03/31/2015 04/06/2010 04/30/2015 $461,473 $37,312 05/22/2010 06/30/2015 $34,077 05/22/2010 06/30/2015 $44,620 Merchants Building Maintenance Landcare Logic Janitorial Maintenance Service at Various City Facilities Parking Mgmt Services for Evan Jones Parkade Ace Parking Management, Inc Landscape Maintenance of Ashley Falls Aztec Landscaping, Inc Neighborhood Park & Comfort Station Refuse and Recyclable Collection Services Allied Waste Services Landscape Maintenance for Views West Westturf Landscape Neighborhood Park & Comfort Station Maintenance Landscape Maintenance of Thurgood Marshall Landcare Logic Middle School Joint Use Turf Landscape Maintenance of Designated Median, Blue Skies Landscape Rights-of-Way & Areas Adj to Rights-of-Way Maintenance, Inc w/in Eastgate Tech MAD City of San Diego Purchasing and Contracting Department Living Wage Program Page 1 of 6 ATTACHMENT D Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contract No. 07/01/2012 06/30/2013 Contractor Landcare Logic Start End 05/27/2010 06/30/2015 Contract Amount $29,173 Clean Harbors Environmental Landcare Logic Aztec Landscaping, Inc 06/10/2010 06/30/2014 $737,000 06/10/2010 05/31/2015 06/14/2010 06/30/2015 $130,099 $27,336 Road Works, Inc TP Janitorial Services 06/15/2010 06/30/2013 07/02/2010 03/31/2015 $420,001 $80,602 Atlas Pumping Service 07/26/2010 07/31/2015 $48,177 Cartwright Termite & Pest Control Coverall Health Based Cleaning T & T Janitorial 08/02/2010 08/31/2015 $30,053 09/22/2010 10/18/2015 $165,402 09/24/2010 10/18/2015 $326,746 09/30/2010 07/31/2015 $236,782 10/23/2010 10/31/2015 $45,855 Diamond Environmental 10/25/2010 11/14/2015 Services 4600000366 10008910-11L Wastewater Pumping at Torrey Pines, Sched B Atlas Pumping Service 10/25/2010 11/14/2015 4600000368 9955-11-Q Landscape Maintenance of Desig Rights-ofBlue Skies Landscape 10/27/2010 10/31/2015 Way/Parkways, Parks & Adj Slopes w/in Maintenance, Inc Miramar Ranch No MAD $60,959 Contract # 4600000256 Bid # 9954-10-Q Bid Title Landscape Maintenance for Imperial Marketplace 4600000266 9639-09-W Household Hazardous Waste Collection & Disposal Services 4600000268 9900-10-Q Landscape Maintenance Park Village MAD 4600000269 9948-10-Q Landscape Maintenance of Stonebridge Neighborhood Park & Comfort Station 4600000271 10006520-10P On Call Asphalt Crack Sealing 4600000293 9617-10-L Janitorial Maintenance at Various City Facilities incl Com Stations & Mission Trails Visitors Ctr 4600000311 10007601-10W Wastewater Pumping Services @ Miramar Landfill 4600000314 10007128-10Z Pest Control for Public Utilities Department 4600000342 10005711-10L Janitorial Maintenance Service for City of San Diego Branch Libraries, Schedule B 4600000348 10005711-10L Janitorial Maintenance Service for City of San Diego Branch Libraries, Schedules A & C 4600000352 10005550-10L Janitorial Maintenance Service at Various Police Department Facilities 4600000364 9968-11-Q Landscape Maintenance of Dusty Rhodes Neighborhood Park & Dog Park 4600000365 100008910-11L Wastewater Pumping at Torrey Pines, Sched A 4600000439 9972-11-Q Qualityway Building Service Aztec Landscaping, Inc $277,146 $750,298 Landscape Maintenance of Carmel Valley Comm Park & Comf Sta 4600000441 9973-11-Q Landscape Maintenance for Alvarado Water Treatment Campus 4600000467 10008610-11Z General and Agricultural Pest Control Services for Park & Recreation Department, Community Parks I Division Acacia Landscape Company Landcare Logic 11/06/2010 11/30/2015 $74,458 11/07/2010 11/30/2015 $71,755 Epic Pest Control 11/29/2010 01/02/2016 $32,122 4600000491 Treebeard Landscape, Inc Aztec Landscaping, Inc 12/23/2010 01/31/2016 $337,105 12/24/2010 01/31/2016 $65,882 12/29/2010 01/14/2016 12/29/2010 01/14/2013 01/31/2011 01/20/2016 $865,137 $174,524 $32,165 01/23/2011 08/20/2012 $186,852 Landscape Maintenance of Black Mountain Ranch South MAD 4600000492 9966-11-Q Landscape Maintenance of Spring Cyn Park & Comf Sta & Dingeman School Field 4600000499 10012279-11W Asbestos and Lead Abatement Services 4600000500 10012279-11W Asbestos and Lead Abatement Services 4600000517 10013522-11P Office Relocation Services 4600000518 9970-11-Q 9958-11-Q Landscape Maint of Desig Medians, Rights-ofWay, Mini-Parks, Open Space & Areas w/in Penasquitos East MAD Allied Industries Inc Miller Environmental Inc Complete Relocation Services Inc Goldkamp Landscaping City of San Diego Purchasing and Contracting Department Living Wage Program Page 2 of 6 ATTACHMENT D Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contract No. 07/01/2012 06/30/2013 Contractor Aztec Landscaping, Inc Start End 01/26/2011 01/31/2016 Contract Amount $78,568 Ponderosa Landscape, Inc South Bay Fence, Inc Prizm Janitorial Services Inc 01/27/2011 02/29/2016 $40,635 02/07/2011 01/14/2016 02/22/2011 03/20/2016 $47,993 $35,496 4600000571 10009350-11L Janitorial Maintenance @ Various City of San ISS Facility Services Inc 02/22/2011 03/20/2013 Diego Operation Facilities - Chollas, Water Ops, Street/Transportation, Fleet & Central Stores, Sched A $59,319 Contract # 4600000522 Bid # 9967-11-Q Bid Title Landscape Maint for Rancho Bernardo Comm Park & Dog Park & Comfort Stations 4600000526 9979-11-Q Landscape Maintenance of So Creek Neighborhood Pk & Comfort Station 4600000535 10013916-11P Chain Link Fence, Installation, Repairs & Parts 4600000570 10009350-11L Janitorial Maintenance @ Various City of San Diego Operation Facilities - Chollas, Central Ops & Rose Cyn, Sched B, C 4600000577 9977-11-Q Landscape Maintenance of Designated Nissho of California Inc Medians, Greenbelt/Mini Parks, Rights-of-Way, Areas Adj to Rights-of-Way & Slopes w/in Torrey Hills MAD 4600000579 9983-11-Q Acacia Landscape Company Tried & True Corporate Cleaning, Inc Kovatch Mobile Equipment Corp. Hazardous Waste Management Services for All Ocean Blue City Sites Environmental Services Landscape Maintenance of Designated Landcare Logic Medians, Rights-of-Way & Areas w/in Carmel Mtn Ranch MAD 02/25/2011 02/29/2016 $597,998 Landscape Maintenance of Carmel Creek Neighborhood Park & Comf Sta 4600000580 9982-11-Q Landscape Maintenance for So Village Park & Comf Sta & Torrey Del Mar Park 4600000594 10004984-10E Fire Apparatus Body Repair and Paint Services 02/28/2011 02/29/2016 $41,463 02/28/2011 03/31/2016 $59,874 03/12/2011 03/16/2015 $173,711 4600000637 9075-08-A 03/28/2011 10/31/2013 $973,000 4600000641 9981-11-Q 03/30/2011 03/29/2016 $224,559 4600000675 9984-11-Q Aztec Landscaping, Inc 04/25/2011 04/30/2016 $104,328 Acacia Landscape Company Blue Skies Landscape Maintenance, Inc 05/13/2011 05/31/2016 $109,878 05/26/2011 06/30/2016 $92,143 4600000743 10014925-11L Janitorial Maintenance Service @ Montgomery TP Janitorial Services Field, Brown Field, SD Fire Rescue Training Ctr & Var City Locations as needed 06/07/2011 06/30/2016 $29,367 4600000745 10013883-11L Janitorial Maintenance Service for Events and Post-Events @ Qualcomm Stadium 4600000757 10014496-11Z Bee & Wasp Removal & Extermination Services 4600000787 10014057-11Q Landscape Maintenance of Desig Medians, Rights-of-Way & Areas w/in Rancho Bernardo MAD Jani-King of California, 06/09/2011 08/08/2016 Inc Pestmaster Services 06/20/2011 06/19/2016 Goldkamp Landscaping 07/11/2011 08/20/2012 $627,278 4600000798 10015260-12Q Landscape Maintenance for Sabre Springs Park & Comfort Station 4600000816 8502-07-W Security Guard Services @ Various City Sites 4600000831 10020213-12V Concession/Catering @ Qualcomm Ponderosa Landscape, Inc G4S Secure Solutions Centerplate Landscape Maintenance w/in Gateway Ctr East MAD 4600000707 10014695-11Q Landscape Maintenance of Various MWWD Reclamation Plants 4600000717 10014050-11Q Landscape Maintenance of Desig Buffer Zones & Riparian Open Space w/in 1st San Diego River Improvement City of San Diego Purchasing and Contracting Department Living Wage Program $31,461 $775,000 07/21/2011 08/31/2016 $35,060 07/29/2011 09/13/2012 08/09/2011 02/15/2015 $2,795,095 $190,000 Page 3 of 6 ATTACHMENT D 07/01/2012 06/30/2013 Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contract No. Contract # Bid # Bid Title 4600000841 10015801-12Q Landscape Maintenance w/in Pacific Highland Ranch MAD 4600000895 10020257-12L Used and Waste Tire Recycling & Disposal 4600000918 10016536-12W Landscape Maintenance of Four Parks 4600000983 10013973-11Z Parking Mgmt Svcs for Qualcomm Stadium 4600000986 10021974-12E Rental of Various Operated Trucks, Grades & Large Capacity Loaders @ Qualcomm 4600001013 10019874-12W Landscape Maintenance w/in Sage Cyn & Torrey Hills Neighborhood Parks & Comf Stations 4600001017 10019947-12W Landscape Maintenance w/in Otay Int'l Center MAD 4600001021 10016714-12W Landscape Maintenance for Carmel Valley #10 MAD 4600001022 10021500-12W Brush Management Services w/in Marian Bear & Sabre Springs Area 4600001026 10022142-12Q Security Services for Various Park & Recreation Facilities 4600001027 10016715-12W Landscape Maintenance for Carmel Valley MAD 4600001030 10001592-12Q Security Gate Services @ Various Community Parks 4600001032 10021604-12W Landscape Maintenance w/in Solana Highlands Neighborhood Park 4600001033 10021966-12L Janitorial Maintenance 24/7 @ Civic Ctr & Gaslamp Square Park Comfort Stations 4600001038 10021500-12W Brush Management Services 4600001040 10019948-12W Landscape Maintenance of Trees & Hardscape on Mission Bl 4600001069 9901-10-Q Landscape Maintenance of Desig Rights-ofWay/ Parkways Medians & Areas w/in East Village Redev & Ballpark Infrastructure 4600001101 10019182-12L Janitorial Maintenance at NTC Harbor & Alvarado Water Treatment Plant 4600001149 10022861-12L Janitorial Maintenance at Central Library 4600001154 10021272-12W Landscape Maintenance of Desig Medians, Rights-of-Way, Open Space, Parks & Comf Stations w/in Scripps Miramar Ranch MAD 4600001298 10023248-12W Landscape Maintenance for Ocean View Hills, Robinhood Ridge & Remington Hills MAD 4600001309 10024890-12L Sweeping Service @ Montgomery Field & Brown Field 4600001347 10024689-12W Landscape Maintenance for Camino Santa Fe MAD 4600001377 10022632-12W Landscape Maintenance for Torrey Highlands MAD Start End 08/12/2011 08/31/2016 Contract Amount $116,584 09/14/2011 09/20/2016 09/25/2011 09/30/2013 11/04/2011 11/06/2016 $60,653 $48,712 $198,998 11/07/2011 11/06/2016 $67,932 12/12/2011 01/01/2017 $81,463 Aztec Landscaping, Inc 12/14/2011 12/31/2016 $172,774 Treebeard Landscape, Inc Aztec Landscaping, Inc 12/15/2011 12/30/2016 $127,189 12/15/2011 12/31/2012 $716,277 Able Patrol & Guard 12/21/2011 12/31/2017 $24,977 Landscapes USA, Inc Securitas Security Services USA Acacia Landscape Company T & T Janitorial 12/22/2011 12/31/2016 12/23/2011 12/31/2016 $797,469 $25,706 12/28/2011 02/15/2017 $42,473 12/28/2011 12/31/2016 $286,066 Aztec Landscaping, Inc Acacia Landscape Company Landcare Logic 01/19/2012 12/31/9999 01/09/2012 12/31/2016 $724,760 $27,853 01/23/2012 01/31/2015 $76,706 T & T Janitorial 02/07/2012 03/18/2017 $124,427 T & T Janitorial Landscapes USA, Inc 02/27/2012 03/31/2017 03/02/2012 04/15/2017 $168,096 $410,597 Brewer Lawn Maintenance, Inc Cannon Pacific 06/06/2012 08/31/2017 $320,312 06/12/2012 08/15/2014 $99,723 Brewer Lawn Maintenance, Inc Landcare Logic 07/09/2012 07/13/2017 $83,613 07/19/2012 07/31/2017 $302,349 Contractor Treebeard Landscape, Inc Reliable Tire Company Aztec Landscaping, Inc Ace Parking Management, Inc Burns & Sons Trucking, Inc Ponderosa Landscape, Inc City of San Diego Purchasing and Contracting Department Living Wage Program Page 4 of 6 ATTACHMENT D Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contract No. 07/01/2012 06/30/2013 Start End 08/10/2012 07/31/2017 Contract Amount $297,262 08/13/2012 08/30/2017 $85,053 Contract # Bid # Bid Title 4600001411 10022719-12W Landscape Maintenance for Stonecrest Village MAD 4600001448 10025899-12W Landscape Maintenance for Open Space Street Mediums 4600001547 10023966-12W Landscape Maintenance for Genessee & North Torrey Pines MAD 4600001548 10025238-13W Landscape Maintenance of Desig Medians & Park Areas w/in City Heights Urban Village & Police Station Contractor Contemporary Design Landscape Landscapes USA, Inc Contemporary Design Landscape Aztec Landscaping, Inc 11/05/2012 12/16/2017 $71,245 11/05/2012 12/09/2017 $97,654 4600001567 10030695-13W Landscape Maintenance for Rancho Bernardo & Penasquitos East MAD 4600001571 10023989-12Q Security Guard Service for Public Utilities MOC 4600001592 10031045-13L On call 24/7 Scheduled & Emergency Wastewater Pumping Service, as needed 4600001601 10030783-13W Landscape Maintenance for Linda Vista MAD Aztec Landscaping, Inc 11/29/2012 12/16/2017 $268,839 Able Patrol & Guard Diamond Environmental Services Contemporary Design Landscape Landscapes USA, Inc Landcare Logic 12/03/2012 11/27/2014 12/28/2012 01/14/2018 $122,647 $582,480 01/16/2013 03/31/2018 $97,095 01/17/2013 02/28/2014 01/17/2013 02/28/2018 $49,513 $104,527 Blue Skies Landscape Maintenance, Inc Aztec Landscaping, Inc 06/27/2009 05/31/2012 $73,061 06/27/2009 06/30/2012 $83,282 06/27/2009 06/30/2013 $134,380 4600001610 10026343-13W Landscape Maintenance for Public Utilities 4600001611 10024960-13W Landscape Maintenance for Sabre Springs & Rancho Encantada MAD C008090216 8622-07-Y Landscape Maintenance at Various Metro Wastewater Operations Sites C008100009 8580-07-Y Landscape Maintenance at Various Water Facility Sites C008100011 8797-07-Q Complete Landscape Maintenance of Designated Landscape Medians & Park Areas w/in City Heights Urban Village Acacia Landscape Company C008100046 8758-07-Q Landscape Maintenance of Medians, Rights-of- Aztec Landscaping, Inc Way & Open Space for Hillcrest, North Park, Mid City & Talmadge MAD 06/27/2009 08/14/2012 $265,512 C008100054 8871-07-Q Landscape Maintenance of Desig Medians, Rights-of-Way, Slopes, Sidewalks & Gutters w/in Genesee Av/North Torrey Pines Rd MAD Benchmark Landscape Services, Inc 06/27/2009 08/14/2012 $106,355 C008100071 8781-07-Y $168,671 8901-07-Q Powerland Equipment, Inc Brewer Lawn Maintenance, Inc 06/27/2009 09/30/2012 C008100107 Mowing & Grounds Maintenance at Montgomery & Brown Fields Landscape Maintenance of Desig Medians, Rights-of-Way, Adj Slopes & Library incl Areas w/in Mira Mesa NE Sub-Area of MADs 06/27/2009 10/31/2012 $365,793 C008100138 9057-08-Q Landscape Maintenance of Designated Planted Aztec Landscaping, Inc & Paved Center Islands in Sabre Springs Landscape MAD 06/27/2009 12/31/2012 $58,225 C008100176 9216-08-Q 06/27/2009 04/14/2013 $281,021 C008100186 9093-08-Q Tree Trimming/Tree Planting for approx 5,000 Trees Landscape Maintenance of Designated Parks, Medians, Rights-of-Way & Open Space Areas w/in Tierrasanta MAD 06/29/2009 04/30/2013 $500,775 C008100189 9260-08-B 06/29/2009 04/30/2013 $680,641 West Coast Arborists, Inc Treebeard Landscape, Inc Inspection & Cleaning of Catch Basin, Cleanout Ron's Maintenance & Curb Inlet City of San Diego Purchasing and Contracting Department Living Wage Program Page 5 of 6 ATTACHMENT D Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contract No. 07/01/2012 06/30/2013 Contract # C008100203 Bid # 9186-08-Q Bid Title Landscape Maintenance of Medians, Bike & Equestrian Trails w/in Carmel Valley CVREP Landscape Maintenance of Areas w/in Calle Cristobal MAD Landscape Maintenance of Various Library Sites Security Guard Services at Various City Sites Landscape Maintenance w/in Camino Santa Fe MAD Incident Clean-up & Disposal Services Contractor Brewer Lawn Maintenance, Inc Brewer Lawn Maintenance, Inc Ponderosa Landscape, Inc Able Patrol & Guard Westturf Landscape Maintenance Patriot Environmental Services Aqueous Part Cleaner Maintenance Services for FRS Environmental, Inc Customer Owned Equipment & Rentals Security Guard Service for Various Park & US Security Associates, Recreation Sites Inc Hazardous Waste Management Service Ocean Blue Environmental Services Removal & Disposal of a Estimated 475 Wet Terra Renewal LLC Tons of Sewage Scum Palm Tree Trimming for approx 30,000 Queen, West Coast Arborists, Fan & Date Palms, incl Plant New Trees Inc Steam Clean Sidewalks, Sidewalk Furniture & Eric J Friend Trash Receptacles w/in North Park MAD Landscape Maintenance of Carmel Mtn Ranch, Aztec Landscaping, Inc Sabre Springs Park & Comfort Stations Landscape Maintenance of Various Police Dept Westturf Landscape Facilities Maintenance Landscape Maintenance of Desig Rights-ofBlue Skies Landscape Way & Slopes w/in Campus Pt & LaJolla Village Maintenance, Inc Dr MADs C008100204 9185-08-Q C008100214 9144-08-Q C008200013 C008200037 9331-08-B 8646-08-Q C008200046 9427-08-W C008200052 9379-08-W C008200054 9474-09-B C008200056 9075-08-A C008200067 9398-09-L C008200093 9489-09-Q C008200108 9492-09-L C008200110 9502-09-Q C008200135 9616-09-Q C008200162 9661-09-Q Sole Source 2151 Exec Complex Parking Services Sole Source Sole Source 2191 1479 Management of City Concourse Qualcomm Stadium Security Ace Parking Management, Inc DMS Services, LLC Elite Show Services 133 CONTRACTS 60 CONTRACTORS City of San Diego Purchasing and Contracting Department Living Wage Program Start End 06/27/2009 05/31/2013 Contract Amount $40,648 06/27/2009 06/30/2013 $149,944 06/27/2009 05/31/2013 $390,244 06/27/2009 07/31/2013 06/27/2009 07/31/2013 $1,032,933 $53,189 06/27/2009 09/04/2013 $274,099 06/27/2009 10/14/2013 $634,748 06/27/2009 10/31/2013 $115,433 06/27/2009 10/31/2013 $1,400,000 06/27/2009 11/30/2013 $80,580 06/27/2009 12/31/2013 $721,804 06/27/2009 02/14/2014 $49,439 06/27/2009 03/14/2014 $35,444 09/08/2009 05/31/2014 $97,464 06/27/2009 06/30/2014 $25,135 09/09/2009 06/30/2011 $164,000 11/02/2009 11/30/2011 06/01/2009 05/31/2010 $192,000 $2,880,000 $32,961,041 Page 6 of 6 ATTACHMENT E 07/01/2012 06/30/2013 Bid # Contract # 100008910-11L 4600000365 10001592-12Q 4600001030 10004984-10E 4600000594 10005550-10L 4600000352 10005711-10L 4600000342 10005711-10L 4600000348 10006520-10P 4600000271 10007128-10Z 4600000314 10007601-10W 4600000311 10008610-11Z 4600000467 Living Wage Contracts during Fiscal Year 2013 Sorted by Bid No. Start End Bid Title Contractor Wastewater Pumping at Torrey Pines, Sched A Diamond Environmental 10/25/2010 11/14/2015 Services Security Gate Services @ Various Community Securitas Security 12/23/2011 12/31/2016 Parks Services USA Fire Apparatus Body Repair and Paint Services Kovatch Mobile 03/12/2011 03/16/2015 Equipment Corp. 09/30/2010 07/31/2015 Janitorial Maintenance Service at Various Police Qualityway Building Department Facilities Service Janitorial Maintenance Service for City of San Coverall Health Based 09/22/2010 10/18/2015 Diego Branch Libraries, Schedule B Cleaning Janitorial Maintenance Service for City of San T & T Janitorial 09/24/2010 10/18/2015 Diego Branch Libraries, Schedules A & C On Call Asphalt Crack Sealing Road Works, Inc 06/15/2010 06/30/2013 Pest Control for Public Utilities Department Cartwright Termite & 08/02/2010 08/31/2015 Pest Control Wastewater Pumping Services @ Miramar Atlas Pumping Service 07/26/2010 07/31/2015 Landfill General and Agricultural Pest Control Services Epic Pest Control 11/29/2010 01/02/2016 for Park & Recreation Department, Community Parks I Division 10008910-11L 4600000366 Wastewater Pumping at Torrey Pines, Sched B Atlas Pumping Service 10009350-11L 4600000570 Janitorial Maintenance @ Various City of San Prizm Janitorial Diego Operation Facilities - Chollas, Central Services Inc Ops & Rose Cyn, Sched B, C Contract Amount $60,959 $25,706 $173,711 $236,782 $165,402 $326,746 $420,001 $30,053 $48,177 $32,122 10/25/2010 11/14/2015 02/22/2011 03/20/2016 $277,146 $35,496 10009350-11L 4600000571 Janitorial Maintenance @ Various City of San ISS Facility Services Inc 02/22/2011 03/20/2013 Diego Operation Facilities - Chollas, Water Ops, Street/Transportation, Fleet & Central Stores, Sched A $59,319 10012279-11W 4600000499 Asbestos and Lead Abatement Services 10012279-11W 4600000500 Asbestos and Lead Abatement Services 10013522-11P 4600000517 Office Relocation Services 12/29/2010 01/14/2016 12/29/2010 01/14/2013 01/31/2011 01/20/2016 $865,137 $174,524 $32,165 10013883-11L 4600000745 06/09/2011 08/08/2016 $627,278 02/07/2011 01/14/2016 11/04/2011 11/06/2016 05/26/2011 06/30/2016 $47,993 $198,998 $92,143 Goldkamp Landscaping 07/11/2011 08/20/2012 $775,000 10013916-11P 4600000535 10013973-11Z 4600000983 10014050-11Q 4600000717 Allied Industries Inc Miller Environmental Inc Complete Relocation Services Inc Janitorial Maintenance Service for Events and Jani-King of California, Post-Events @ Qualcomm Stadium Inc Chain Link Fence, Installation, Repairs & Parts South Bay Fence, Inc Parking Mgmt Svcs for Qualcomm Stadium Ace Parking Landscape Maintenance of Desig Buffer Zones Blue Skies Landscape & Riparian Open Space w/in 1st San Diego Maintenance, Inc River Improvement 10014057-11Q 4600000787 Landscape Maintenance of Desig Medians, Rights-of-Way & Areas w/in Rancho Bernardo MAD 10014496-11Z 4600000757 Bee & Wasp Removal & Extermination Services Pestmaster Services 10014695-11Q 4600000707 Landscape Maintenance of Various MWWD Acacia Landscape Reclamation Plants Company City of San Diego Purchasing and Contracting Department Living Wage Program 06/20/2011 06/19/2016 05/13/2011 05/31/2016 $31,461 $109,878 Page 1 of 6 ATTACHMENT E 07/01/2012 06/30/2013 Living Wage Contracts during Fiscal Year 2013 Sorted by Bid No. Bid # Contract # Bid Title Contractor 10014925-11L 4600000743 Janitorial Maintenance Service @ Montgomery TP Janitorial Services Field, Brown Field, SD Fire Rescue Training Ctr & Var City Locations as needed Start End 06/07/2011 06/30/2016 Contract Amount $29,367 10015260-12Q 4600000798 Landscape Maintenance for Sabre Springs Park & Comfort Station 10015801-12Q 4600000841 Landscape Maintenance w/in Pacific Highland Ranch MAD 10016536-12W 4600000918 Landscape Maintenance of Four Parks 10016714-12W 4600001021 Landscape Maintenance for Carmel Valley #10 MAD 10016715-12W 4600001027 Landscape Maintenance for Carmel Valley MAD 10019182-12L 4600001101 Janitorial Maintenance at NTC Harbor & Alvarado Water Treatment Plant 10019874-12W 4600001013 Landscape Maintenance w/in Sage Cyn & Torrey Hills Neighborhood Parks & Comf Stations Ponderosa Landscape, Inc Treebeard Landscape, Inc Aztec Landscaping, Inc Treebeard Landscape, Inc Landscapes USA, Inc T & T Janitorial 07/21/2011 08/31/2016 $35,060 08/12/2011 08/31/2016 $116,584 09/25/2011 09/30/2013 12/15/2011 12/30/2016 $48,712 $127,189 12/22/2011 12/31/2016 02/07/2012 03/18/2017 $797,469 $124,427 Ponderosa Landscape, Inc 12/12/2011 01/01/2017 $81,463 10019947-12W 4600001017 Landscape Maintenance w/in Otay Int'l Center MAD 10019948-12W 4600001040 Landscape Maintenance of Trees & Hardscape on Mission Bl 10020213-12V 4600000831 Concession/Catering @ Qualcomm 10020257-12L 4600000895 Used and Waste Tire Recycling & Disposal 10021272-12W 4600001154 Landscape Maintenance of Desig Medians, Rights-of-Way, Open Space, Parks & Comf Stations w/in Scripps Miramar Ranch MAD Aztec Landscaping, Inc 12/14/2011 12/31/2016 $172,774 Acacia Landscape Company Centerplate Reliable Tire Company Landscapes USA, Inc 01/09/2012 12/31/2016 $27,853 08/09/2011 02/15/2015 09/14/2011 09/20/2016 03/02/2012 04/15/2017 $190,000 $60,653 $410,597 Aztec Landscaping, Inc 12/15/2011 12/31/2012 $716,277 Aztec Landscaping, Inc Acacia Landscape Company T & T Janitorial 01/19/2012 12/31/9999 12/28/2011 02/15/2017 $724,760 $42,473 12/28/2011 12/31/2016 $286,066 Burns & Sons Trucking, 11/07/2011 11/06/2016 Inc Able Patrol & Guard 12/21/2011 12/31/2017 $67,932 10021500-12W 4600001022 Brush Management Services w/in Marian Bear & Sabre Springs Area 10021500-12W 4600001038 Brush Management Services 10021604-12W 4600001032 Landscape Maintenance w/in Solana Highlands Neighborhood Park 10021966-12L 4600001033 Janitorial Maintenance 24/7 @ Civic Ctr & Gaslamp Square Park Comfort Stations 10021974-12E 4600000986 Rental of Various Operated Trucks, Grades & Large Capacity Loaders @ Qualcomm 10022142-12Q 4600001026 Security Services for Various Park & Recreation Facilities 10022632-12W 4600001377 Landscape Maintenance for Torrey Highlands MAD 10022719-12W 4600001411 Landscape Maintenance for Stonecrest Village MAD 10022861-12L 4600001149 Janitorial Maintenance at Central Library 10023248-12W 4600001298 Landscape Maintenance for Ocean View Hills, Robinhood Ridge & Remington Hills MAD 10023966-12W 4600001547 Landscape Maintenance for Genessee & North Torrey Pines MAD 10023989-12Q 4600001571 Security Guard Service for Public Utilities MOC $24,977 Landcare Logic 07/19/2012 07/31/2017 $302,349 Contemporary Design Landscape T & T Janitorial Brewer Lawn Maintenance, Inc Contemporary Design Landscape Able Patrol & Guard 08/10/2012 07/31/2017 $297,262 02/27/2012 03/31/2017 06/06/2012 08/31/2017 $168,096 $320,312 11/05/2012 12/16/2017 $71,245 12/03/2012 11/27/2014 $122,647 City of San Diego Purchasing and Contracting Department Living Wage Program Page 2 of 6 ATTACHMENT E 07/01/2012 06/30/2013 Living Wage Contracts during Fiscal Year 2013 Sorted by Bid No. Contract Amount $83,613 Bid # Contract # Bid Title 10024689-12W 4600001347 Landscape Maintenance for Camino Santa Fe MAD 10024890-12L 4600001309 Sweeping Service @ Montgomery Field & Brown Field 10024960-13W 4600001611 Landscape Maintenance for Sabre Springs & Rancho Encantada MAD 10025238-13W 4600001548 Landscape Maintenance of Desig Medians & Park Areas w/in City Heights Urban Village & Police Station Contractor Brewer Lawn Maintenance, Inc Cannon Pacific Start End 07/09/2012 07/13/2017 06/12/2012 08/15/2014 $99,723 Landcare Logic 01/17/2013 02/28/2018 $104,527 Aztec Landscaping, Inc 11/05/2012 12/09/2017 $97,654 10025899-12W 4600001448 Landscape Maintenance for Open Space Street Mediums 10026343-13W 4600001610 Landscape Maintenance for Public Utilities 10030695-13W 4600001567 Landscape Maintenance for Rancho Bernardo & Penasquitos East MAD 10030783-13W 4600001601 Landscape Maintenance for Linda Vista MAD Landscapes USA, Inc 08/13/2012 08/30/2017 $85,053 Landscapes USA, Inc Aztec Landscaping, Inc 01/17/2013 02/28/2014 11/29/2012 12/16/2017 $49,513 $268,839 Contemporary Design Landscape Diamond Environmental Services G4S Secure Solutions Aztec Landscaping, Inc 01/16/2013 03/31/2018 $97,095 12/28/2012 01/14/2018 $582,480 07/29/2011 09/13/2012 06/27/2009 06/30/2012 $2,795,095 $83,282 06/27/2009 05/31/2012 $73,061 06/27/2009 07/31/2013 $53,189 06/27/2009 08/14/2012 $265,512 10031045-13L 4600001592 On call 24/7 Scheduled & Emergency Wastewater Pumping Service, as needed 8502-07-W 4600000816 Security Guard Services @ Various City Sites 8580-07-Y C008100009 Landscape Maintenance at Various Water Facility Sites 8622-07-Y C008090216 Landscape Maintenance at Various Metro Wastewater Operations Sites 8646-08-Q C008200037 Landscape Maintenance w/in Camino Santa Fe MAD 8758-07-Q C008100046 Landscape Maintenance of Medians, Rights-ofWay & Open Space for Hillcrest, North Park, Mid City & Talmadge MAD 8781-07-Y Blue Skies Landscape Maintenance, Inc Westturf Landscape Maintenance Aztec Landscaping, Inc C008100071 Mowing & Grounds Maintenance at Montgomery & Brown Fields C008100011 Complete Landscape Maintenance of Designated Landscape Medians & Park Areas w/in City Heights Urban Village Powerland Equipment, Inc Acacia Landscape Company 06/27/2009 09/30/2012 $168,671 06/27/2009 06/30/2013 $134,380 8871-07-Q C008100054 Landscape Maintenance of Desig Medians, Rights-of-Way, Slopes, Sidewalks & Gutters w/in Genesee Av/North Torrey Pines Rd MAD Benchmark Landscape Services, Inc 06/27/2009 08/14/2012 $106,355 8901-07-Q C008100107 Landscape Maintenance of Desig Medians, Rights-of-Way, Adj Slopes & Library incl Areas w/in Mira Mesa NE Sub-Area of MADs Brewer Lawn Maintenance, Inc 06/27/2009 10/31/2012 $365,793 9057-08-Q C008100138 Landscape Maintenance of Designated Planted Aztec Landscaping, Inc & Paved Center Islands in Sabre Springs Landscape MAD 06/27/2009 12/31/2012 $58,225 9075-08-A 4600000637 Hazardous Waste Management Services for All Ocean Blue 03/28/2011 10/31/2013 City Sites Environmental Services C008200056 Hazardous Waste Management Service Ocean Blue 06/27/2009 10/31/2013 Environmental Services $973,000 8797-07-Q 9075-08-A City of San Diego Purchasing and Contracting Department Living Wage Program $1,400,000 Page 3 of 6 ATTACHMENT E 07/01/2012 06/30/2013 Living Wage Contracts during Fiscal Year 2013 Sorted by Bid No. Bid # 9093-08-Q Contract # Bid Title C008100186 Landscape Maintenance of Designated Parks, Medians, Rights-of-Way & Open Space Areas w/in Tierrasanta MAD 9105-08-Z 4600000157 Parking Mgmt Services for Evan Jones Parkade Ace Parking Management, Inc C008100214 Landscape Maintenance of Various Library Ponderosa Landscape, Sites Inc C008100204 Landscape Maintenance of Areas w/in Calle Brewer Lawn Cristobal MAD Maintenance, Inc C008100203 Landscape Maintenance of Medians, Bike & Brewer Lawn Equestrian Trails w/in Carmel Valley CVREP Maintenance, Inc C008100176 Tree Trimming/Tree Planting for approx 5,000 West Coast Arborists, Trees Inc C008100189 Inspection & Cleaning of Catch Basin, Cleanout Ron's Maintenance & Curb Inlet C008200013 Security Guard Services at Various City Sites Able Patrol & Guard C008200052 Aqueous Part Cleaner Maintenance Services for FRS Environmental, Inc Customer Owned Equipment & Rentals C008200067 Removal & Disposal of a Estimated 475 Wet Terra Renewal LLC Tons of Sewage Scum C008200046 Incident Clean-up & Disposal Services Patriot Environmental Services C008200054 Security Guard Service for Various Park & US Security Associates, Recreation Sites Inc C008200093 Palm Tree Trimming for approx 30,000 Queen, West Coast Arborists, Fan & Date Palms, incl Plant New Trees Inc C008200108 Steam Clean Sidewalks, Sidewalk Furniture & Eric J Friend Trash Receptacles w/in North Park MAD C008200110 Landscape Maintenance of Carmel Mtn Ranch, Aztec Landscaping, Inc Sabre Springs Park & Comfort Stations 4600000147 Janitorial Maintenance Service at Various City NMS Management, Inc Facilities 4600000118 Janitorial Maintenance Service at Various T & T Janitorial Wastewater/Water Facilities 4600000120 Janitorial Maintenance Service at Various DMS Services, LLC Wastewater/Water Facilities 4600000121 Janitorial Maintenance Service at Various Prizm Janitorial Wastewater/Water Facilities, Sched 4, 5, 6, 7 Services Inc 4600000122 Janitorial Maintenance Service at Various NMS Management, Inc Wastewater/Water Facilities, Sched 9 4600000126 Janitorial Maintenance Service at Various Merchants Building Wastewater/Water Facilities, Sched 3 Maintenance 4600000032 Cleaning of Sludge Hopper Bay Area at Metro Quality Coast, Inc Biosolids Center C008200135 Landscape Maintenance of Various Police Dept Westturf Landscape Facilities Maintenance 9144-08-Q 9185-08-Q 9186-08-Q 9216-08-Q 9260-08-B 9331-08-B 9379-08-W 9398-09-L 9427-08-W 9474-09-B 9489-09-Q 9492-09-L 9502-09-Q 9610-10-L 9613-09-L 9613-09-L 9613-09-L 9613-09-L 9613-09-L 9615-09-L 9616-09-Q Contractor Treebeard Landscape, Inc City of San Diego Purchasing and Contracting Department Living Wage Program Start End 06/29/2009 04/30/2013 Contract Amount $500,775 02/19/2010 02/17/2015 $665,463 06/27/2009 05/31/2013 $390,244 06/27/2009 06/30/2013 $149,944 06/27/2009 05/31/2013 $40,648 06/27/2009 04/14/2013 $281,021 06/29/2009 04/30/2013 $680,641 06/27/2009 07/31/2013 06/27/2009 10/14/2013 $1,032,933 $634,748 06/27/2009 11/30/2013 $80,580 06/27/2009 09/04/2013 $274,099 06/27/2009 10/31/2013 $115,433 06/27/2009 12/31/2013 $721,804 06/27/2009 02/14/2014 $49,439 06/27/2009 03/14/2014 $35,444 02/11/2010 03/31/2015 $71,736 01/11/2010 03/31/2015 $108,834 01/12/2010 03/31/2015 $147,799 01/12/2010 03/31/2015 $51,056 01/12/2010 03/31/2015 $31,741 01/13/2010 03/31/2015 $37,483 09/08/2009 09/30/2014 $82,388 09/08/2009 05/31/2014 $97,464 Page 4 of 6 ATTACHMENT E Living Wage Contracts during Fiscal Year 2013 Sorted by Bid No. 07/01/2012 06/30/2013 Contract Amount $80,602 Contract # Bid Title 4600000293 Janitorial Maintenance at Various City Facilities incl Comf Stations & Mission Trails Visitors Ctr 460000019 Landscape Maintenance of So Bay Wastewater Reclamation Plant & Grove Av Pump Station 4600000266 Household Hazardous Waste Collection & Disposal Services C008200162 Landscape Maintenance of Desig Rights-ofWay & Slopes w/in Campus Pt & LaJolla Village Dr MADs Contractor TP Janitorial Services Start End 07/02/2010 03/31/2015 Aztec Landscaping, Inc 08/22/2009 09/30/2014 $34,037 Clean Harbors Environmental Blue Skies Landscape Maintenance, Inc 06/10/2010 06/30/2014 $737,000 06/27/2009 06/30/2014 $25,135 Allied Waste Services So Cal Tree Care, Inc 03/28/2010 03/31/2015 08/03/2009 07/31/2014 $461,473 $177,785 9680-09-Z 9690-10-W 4600000195 Refuse and Recyclable Collection Services 4600000007 Tree Maintenance Service in the Carmel Valley MAD 4600000004 Abatement Services 4600000135 Wastewater Pumping Svc, Lot 2, Sec 1 & Lot 5 $147,552 $39,000 9702-09-Q 4600000041 9703-09-V 4600000112 9704-09-Q 4600000005 9716-09-Q 9719-09-Q 4600000091 4600000174 9740-09-Q 4600000038 9767-09-Q 9900-10-Q 9901-10-Q 4600000092 4600000268 4600000130 9901-10-Q 4600001069 B & Z Builders, Inc 07/28/2009 07/14/2014 United Sites Services of 01/22/2010 01/31/2015 CA Inc Landscape & Comf Sta Maintenance for Scripps Aztec Landscaping, Inc 09/02/2009 09/30/2014 Ranch Comm Park & Joint Use Turf 40 Cubic Yard Roll-Off Containers & Disposal Ware Disposal 12/19/2009 02/14/2015 Services as needed Landscape Maintenance of Carmel Del Mar Aztec Landscaping, Inc 07/28/2009 07/31/2014 Park & Comfort Station Landscape Maintenance w/in Coral Gate MAD Aztec Landscaping, Inc 11/29/2009 12/31/2014 Landscape Maintenance of Ashley Falls Aztec Landscaping, Inc 03/13/2010 04/14/2015 Neighborhood Park & Comfort Station Landscape Maintenance of Various Metro Acacia Landscape 09/14/2009 10/31/2014 Wastewater Dept Reclamation Plants Company Landscape Maintenance for Linda Vista MAD Goldkamp Landscaping 12/01/2009 08/20/2012 Landscape Maintenance Park Village MAD Landcare Logic 06/10/2010 05/31/2015 Landscape Maintenance w/in East Village Landcare Logic 01/15/2010 01/31/2015 Redevelopment & Ballpark Infrastructure Landscape Maintenance of Desig Rights-ofLandcare Logic 01/23/2012 01/31/2015 Way/ Parkways Medians & Areas w/in East Village Redev & Ballpark Infrastructure 9918-10-L 4600000082 Removal & Transport of Scum/Sludge, Grit & Storm Water w/in City Facility as needed 4600000251 Landscape Maintenance of Designated Median, Rights-of-Way & Areas Adj to Rights-of-Way w/in Eastgate Tech MAD Clean Harbors Environmental Blue Skies Landscape Maintenance, Inc 11/13/2009 11/30/2014 $37,695 05/22/2010 06/30/2015 $44,620 4600000206 Landscape Maintenance for Views West Neighborhood Park & Comfort Station 4600000269 Landscape Maintenance of Stonebridge Neighborhood Park & Comfort Station 4600000250 Landscape Maintenance of Thurgood Marshall Middle School Joint Use Turf 4600000256 Landscape Maintenance for Imperial Marketplace Westturf Landscape Maintenance Aztec Landscaping, Inc 04/06/2010 04/30/2015 $37,312 06/14/2010 06/30/2015 $27,336 Landcare Logic 05/22/2010 06/30/2015 $34,077 Landcare Logic 05/27/2010 06/30/2015 $29,173 Bid # 9617-10-L 9637-09-Q 9639-09-W 9661-09-Q 9678-10-V 9679-09-Q 9944-10-Q 9945-10-Q 9948-10-Q 9950-10-Q 9954-10-Q City of San Diego Purchasing and Contracting Department Living Wage Program $74,484 $25,000 $30,688 $55,408 $47,617 $109,879 $66,509 $130,099 $76,706 $76,706 Page 5 of 6 ATTACHMENT E 07/01/2012 06/30/2013 Living Wage Contracts during Fiscal Year 2013 Sorted by Bid No. Start End 10/27/2010 10/31/2015 Contract Amount $750,298 $186,852 Bid # 9955-11-Q Contract # Bid Title 4600000368 Landscape Maintenance of Desig Rights-ofWay/Parkways, Parks & Adj Slopes w/in Miramar Ranch No MAD Contractor Blue Skies Landscape Maintenance, Inc 9958-11-Q 4600000518 Landscape Maint of Desig Medians, Rights-ofWay, Mini-Parks, Open Space & Areas w/in Penasquitos East MAD Goldkamp Landscaping 01/23/2011 08/20/2012 9966-11-Q 4600000492 Landscape Maintenance of Spring Cyn Park & Comf Sta & Dingeman School Field 4600000522 Landscape Maint for Rancho Bernardo Comm Park & Dog Park & Comfort Stations 4600000364 Landscape Maintenance of Dusty Rhodes Neighborhood Park & Dog Park 4600000491 Landscape Maintenance of Black Mountain Ranch South MAD 4600000439 Landscape Maintenance of Carmel Valley Comm Park & Comf Sta 4600000441 Landscape Maintenance for Alvarado Water Treatment Campus 4600000577 Landscape Maintenance of Designated Medians, Greenbelt/Mini Parks, Rights-of-Way, Areas Adj to Rights-of-Way & Slopes w/in Torrey Hills MAD Aztec Landscaping, Inc 12/24/2010 01/31/2016 $65,882 Aztec Landscaping, Inc 01/26/2011 01/31/2016 $78,568 Aztec Landscaping, Inc 10/23/2010 10/31/2015 $45,855 Treebeard Landscape, Inc Acacia Landscape Company Landcare Logic 12/23/2010 01/31/2016 $337,105 11/06/2010 11/30/2015 $74,458 11/07/2010 11/30/2015 $71,755 Nissho of California Inc 02/25/2011 02/29/2016 $597,998 4600000526 Landscape Maintenance of So Creek Neighborhood Pk & Comfort Station 4600000641 Landscape Maintenance of Designated Medians, Rights-of-Way & Areas w/in Carmel Mtn Ranch MAD Ponderosa Landscape, Inc Landcare Logic 01/27/2011 02/29/2016 $40,635 03/30/2011 03/29/2016 $224,559 Tried & True Corporate Cleaning, Inc Acacia Landscape Company Aztec Landscaping, Inc 02/28/2011 03/31/2016 $59,874 02/28/2011 02/29/2016 $41,463 04/25/2011 04/30/2016 $104,328 1479 2151 4600000580 Landscape Maintenance for So Village Park & Comf Sta & Torrey Del Mar Park 4600000579 Landscape Maintenance of Carmel Creek Neighborhood Park & Comf Sta 4600000675 Landscape Maintenance w/in Gateway Ctr East MAD Sole Source Qualcomm Stadium Security Sole Source Exec Complex Parking Services 06/01/2009 05/31/2010 09/09/2009 06/30/2011 $2,880,000 $164,000 2191 Sole Source Management of City Concourse Elite Show Services Ace Parking Management, Inc DMS Services, LLC 11/02/2009 11/30/2011 $192,000 133 CONTRACTS 60 CONTRACTORS 9967-11-Q 9968-11-Q 9970-11-Q 9972-11-Q 9973-11-Q 9977-11-Q 9979-11-Q 9981-11-Q 9982-11-Q 9983-11-Q 9984-11-Q City of San Diego Purchasing and Contracting Department Living Wage Program $32,961,041 Page 6 of 6 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # Contract Title Contractor AUTOMOTIVE REPAIR AND MAINTENANCE: 4600000594 10004984-10E Fire Apparatus Body Repair and Paint Services Kovatch Mobile Equipment Corp. 1 CONTRACT CONCESSIONS: 4600000831 10020213-12V Concession/Catering @ Qualcomm 1 CONTRACT Centerplate 4600000120 9613-09-L 4600000121 9613-09-L 4600000122 9613-09-L 4600000126 9613-09-L 4600000147 9610-10-L 4600000293 9617-10-L 4600000342 10005711-10L 4600000348 10005711-10L 4600000352 10005550-10L 4600000570 10009350-11L 03/12/2011 03/16/2015 Amount $173,711 $173,711 08/09/2011 02/15/2015 1 CONTRACTOR Complete Relocation Services Inc 4600000535 10013916-11P Chain Link Fence, Installation, Repairs & Parts South Bay Fence, Inc 4600000986 10021974-12E Rental of Var Operated Trucks, Grades & Large Burns & Sons Trucking, Capacity Loaders @ Qualcomm Inc Sole Source 2191 Management of City Concourse DMS Services, LLC 9613-09-L End 1 CONTRACTOR FACILITY MAINTENANCE: 4600000517 10013522-11P Office Relocation Services JANITORIAL: 4600000118 Start $190,000 $190,000 01/31/2011 01/20/2016 $32,165 02/07/2011 01/14/2016 11/07/2011 11/06/2016 $47,993 $67,932 11/02/2009 11/30/2011 $192,000 4 CONTRACTS 4 CONTRACTORS Janitorial Maintenance Service at Various Wastewater/Water Facilities Janitorial Maintenance Service at Various Wastewater/Water Facilities Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 4, 5, 6, 7 Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 9 Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 3 Janitorial Maintenance Service at Various City Facilities Janitorial Maintenance at Various City Facilities incl Comf Stations & Mission Trails Visitors Ctr Janitorial Maintenance Service for City of San Diego Branch Libraries, Schedule B Janitorial Maintenance Service for City of San Diego Branch Libraries, Schedules A & C Janitorial Maintenance Service at Various Police Department Facilities Janitorial Maintenance @ Various City of San Diego Operation Facilities - Chollas, Central Ops & Rose Cyn, Sched B, C T & T Janitorial 01/11/2010 03/31/2015 $108,834 DMS Services, LLC 01/12/2010 03/31/2015 $147,799 Prizm Janitorial Services Inc NMS Management, Inc 01/12/2010 03/31/2015 $51,056 01/12/2010 03/31/2015 $31,741 $340,090 Merchants Building Maintenance NMS Management, Inc 01/13/2010 03/31/2015 $37,483 02/11/2010 03/31/2015 $71,736 TP Janitorial Services 07/02/2010 03/31/2015 $80,602 Coverall Health Based Cleaning T & T Janitorial 09/22/2010 10/18/2015 $165,402 09/24/2010 10/18/2015 $326,746 09/30/2010 07/31/2015 $236,782 02/22/2011 03/20/2016 $35,496 Qualityway Building Service Prizm Janitorial Services Inc City of San Diego Purchasing and Contracting Department Living Wage Program Page 1 of 7 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # Contract Title Contractor Start End Amount 4600000571 10009350-11L Janitorial Maintenance @ Various City of San ISS Facility Services Inc 02/22/2011 03/20/2013 Diego Operation Facilities - Chollas, Water Ops, Street/Transportation, Fleet & Central Stores, Sched A $59,319 4600000743 10014925-11L Janitorial Maintenance Service @ Montgomery TP Janitorial Services Field, Brown Field, SD Fire Rescue Training Ctr & Var City Locations as needed 06/07/2011 06/30/2016 $29,367 4600000745 10013883-11L Janitorial Maintenance Service for Events and Post-Events @ Qualcomm Stadium 4600001033 10021966-12L Janitorial Maintenance 24/7 @ Civic Ctr & Gaslamp Square Park Comfort Stations 4600001101 10019182-12L Janitorial Maintenance at NTC Harbor & Alvarado Water Treatment Plant 4600001149 10022861-12L Janitorial Maintenance at Central Library 4600001309 10024890-12L Sweeping Service @ Montgomery Field & Brown Field C008200108 9492-09-L Steam Clean Sidewalks, Sidewalk Furniture & Trash Receptacles w/in North Park MAD LANDSCAPING: 4600000005 9704-09-Q 4600000007 9679-09-Q 460000019 9637-09-Q 4600000038 9740-09-Q 4600000041 9702-09-Q 4600000091 4600000092 4600000130 9716-09-Q 9767-09-Q 9901-10-Q 4600000174 9719-09-Q 4600000206 9945-10-Q 4600000250 9950-10-Q 4600000251 9944-10-Q 4600000256 9954-10-Q Jani-King of California, Inc T & T Janitorial 06/09/2011 08/08/2016 $627,278 12/28/2011 12/31/2016 $286,066 T & T Janitorial 02/07/2012 03/18/2017 $124,427 T & T Janitorial Cannon Pacific 02/27/2012 03/31/2017 06/12/2012 08/15/2014 $168,096 $99,723 Eric J Friend 06/27/2009 02/14/2014 $49,439 19 CONTRACTS 12 CONTRACTORS Landscape Maintenance of Carmel Del Mar Park & Comfort Station Tree Maintenance Service in the Carmel Valley MAD Landscape Maintenance of So Bay Wastewater Reclamation Plant & Grove Ave Pump Station Landscape Maintenance of Various Metro Wastewater Dept Reclamation Plants Landscape & Comf Sta Maintenance for Scripps Ranch Comm Park & Joint Use Turf Landscape Maintenance w/in Coral Gate MAD Landscape Maintenance for Linda Vista MAD Landscape Maintenance w/in East Village Redevelopment & Ballpark Infrastructure Landscape Maintenance of Ashley Falls Neighborhood Park & Comfort Station Landscape Maintenance for Views West Neighborhood Park & Comfort Station Landscape Maintenance of Thurgood Marshall Middle School Joint Use Turf Landscape Maintenance of Designated Median, Rights-of-Way & Areas Adj to Rights-of-Way w/in Eastgate Tech MAD Aztec Landscaping, Inc 07/28/2009 07/31/2014 $30,688 So Cal Tree Care, Inc 08/03/2009 07/31/2014 $177,785 Aztec Landscaping, Inc 08/22/2009 09/30/2014 $34,037 Acacia Landscape Company Aztec Landscaping, Inc 09/14/2009 10/31/2014 $109,879 09/02/2009 09/30/2014 $74,484 Aztec Landscaping, Inc 11/29/2009 12/31/2014 Goldkamp Landscaping 12/01/2009 08/20/2012 Landcare Logic 01/15/2010 01/31/2015 $55,408 $66,509 $76,706 Aztec Landscaping, Inc 03/13/2010 04/14/2015 $47,617 Westturf Landscape Maintenance Landcare Logic 04/06/2010 04/30/2015 $37,312 05/22/2010 06/30/2015 $34,077 Blue Skies Landscape Maintenance, Inc 05/22/2010 06/30/2015 $44,620 Landcare Logic 05/27/2010 06/30/2015 $29,173 Landscape Maintenance for Imperial Marketplace City of San Diego Purchasing and Contracting Department Living Wage Program $2,737,392 Page 2 of 7 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # 4600000268 4600000269 9900-10-Q 9948-10-Q 4600000364 9968-11-Q 4600000368 9955-11-Q 4600000439 9972-11-Q 4600000441 9973-11-Q 4600000491 9970-11-Q 4600000492 9966-11-Q 4600000518 9958-11-Q 4600000522 9967-11-Q 4600000526 9979-11-Q 4600000577 9977-11-Q 4600000579 9983-11-Q 4600000580 9982-11-Q 4600000641 9981-11-Q 4600000675 9984-11-Q Contract Title Contractor Start End Amount Landscape Maintenance Park Village MAD Landscape Maintenance of Stonebridge Neighborhood Park & Comfort Station Landscape Maintenance of Dusty Rhodes Neighborhood Park & Dog Park Landscape Maintenance of Desig Rights-ofWay/Parkways, Parks & Adj Slopes w/in Miramar Ranch No MAD Landcare Logic Aztec Landscaping, Inc 06/10/2010 05/31/2015 06/14/2010 06/30/2015 $130,099 $27,336 Aztec Landscaping, Inc 10/23/2010 10/31/2015 $45,855 Blue Skies Landscape Maintenance, Inc 10/27/2010 10/31/2015 $750,298 Landscape Maintenance of Carmel Valley Comm Park & Comf Sta Landscape Maintenance for Alvarado Water Treatment Campus Landscape Maintenance of Black Mountain Ranch South MAD Landscape Maintenance of Spring Cyn Park & Comf Sta & Dingeman School Field Landscape Maint of Desig Medians, Rights-ofWay, Mini-Parks, Open Space & Areas w/in Penasquitos East MAD Acacia Landscape Company Landcare Logic 11/06/2010 11/30/2015 $74,458 11/07/2010 11/30/2015 $71,755 12/23/2010 01/31/2016 $337,105 12/24/2010 01/31/2016 $65,882 Goldkamp Landscaping 01/23/2011 08/20/2012 $186,852 Landscape Maint for Rancho Bernardo Comm Park & Dog Park & Comfort Stations Landscape Maintenance of So Creek Neighborhood Pk & Comfort Station Landscape Maintenance of Designated Medians, Greenbelt/Mini Parks, Rights-of-Way, Areas Adj to Rights-of-Way & Slopes w/in Torrey Hills MAD Aztec Landscaping, Inc 01/26/2011 01/31/2016 $78,568 Ponderosa Landscape, Inc Nissho of California Inc 01/27/2011 02/29/2016 $40,635 02/25/2011 02/29/2016 $597,998 Landscape Maintenance of Carmel Creek Neighborhood Park & Comf Sta Landscape Maintenance for So Village Park & Comf Sta & Torrey Del Mar Park Landscape Maintenance of Designated Medians, Rights-of-Way & Areas w/in Carmel Mtn Ranch MAD Acacia Landscape Company Tried & True Corporate Cleaning, Inc Landcare Logic 02/28/2011 02/29/2016 $41,463 02/28/2011 03/31/2016 $59,874 03/30/2011 03/29/2016 $224,559 Landscape Maintenance w/in Gateway Ctr East MAD 4600000707 10014695-11Q Landscape Maintenance of Various MWWD Reclamation Plants 4600000717 10014050-11Q Landscape Maintenance of Desig Buffer Zones & Riparian Open Space w/in 1st San Diego River Improvement Aztec Landscaping, Inc 04/25/2011 04/30/2016 $104,328 Acacia Landscape Company Blue Skies Landscape Maintenance, Inc 05/13/2011 05/31/2016 $109,878 05/26/2011 06/30/2016 $92,143 4600000787 10014057-11Q Landscape Maintenance of Desig Medians, Rights-of-Way & Areas w/in Rancho Bernardo MAD Goldkamp Landscaping 07/11/2011 08/20/2012 $775,000 Treebeard Landscape, Inc Aztec Landscaping, Inc 4600000798 10015260-12Q Landscape Maintenance for Sabre Springs Park Ponderosa Landscape, & Comfort Station Inc City of San Diego Purchasing and Contracting Department Living Wage Program 07/21/2011 08/31/2016 $35,060 Page 3 of 7 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # Contract Title Contractor 4600000841 10015801-12Q Landscape Maintenance w/in Pacific Highland Ranch MAD 4600000918 10016536-12W Landscape Maintenance of Four Parks 4600001013 10019874-12W Landscape Maintenance w/in Sage Cyn & Torrey Hills Neighborhood Parks & Comf Stations Treebeard Landscape, Inc Aztec Landscaping, Inc Ponderosa Landscape, Inc 4600001017 10019947-12W Landscape Maintenance w/in Otay Int'l Center MAD 4600001021 10016714-12W Landscape Maintenance for Carmel Valley #10 MAD 4600001022 10021500-12W Brush Management Services w/in Marian Bear & Sabre Springs Area 4600001027 10016715-12W Landscape Maintenance for Carmel Valley MAD 4600001032 10021604-12W Landscape Maintenance w/in Solana Highlands Neighborhood Park 4600001038 10021500-12W Brush Management Services 4600001040 10019948-12W Landscape Maintenance of Trees & Hardscape on Mission Bl 4600001069 9901-10-Q Landscape Maintenance of Desig Rights-ofWay/ Parkways Medians & Areas w/in East Village Redev & Ballpark Infrastructure Start End Amount 08/12/2011 08/31/2016 $116,584 09/25/2011 09/30/2013 12/12/2011 01/01/2017 $48,712 $81,463 Aztec Landscaping, Inc 12/14/2011 12/31/2016 $172,774 Treebeard Landscape, Inc Aztec Landscaping, Inc 12/15/2011 12/30/2016 $127,189 12/15/2011 12/31/2012 $716,277 12/22/2011 12/31/2016 12/28/2011 02/15/2017 $797,469 $42,473 01/19/2012 12/31/9999 01/09/2012 12/31/2016 $724,760 $27,853 01/23/2012 01/31/2015 $76,706 Landscapes USA, Inc Acacia Landscape Company Aztec Landscaping, Inc Acacia Landscape Company Landcare Logic 4600001154 10021272-12W Landscape Maintenance of Desig Medians, Rights-of-Way, Open Space, Parks & Comf Stations w/in Scripps Miramar Ranch MAD Landscapes USA, Inc 03/02/2012 04/15/2017 $410,597 4600001298 10023248-12W Landscape Maintenance for Ocean View Hills, Robinhood Ridge & Remington Hills MAD 4600001347 10024689-12W Landscape Maintenance for Camino Santa Fe MAD 4600001377 10022632-12W Landscape Maintenance for Torrey Highlands MAD 4600001411 10022719-12W Landscape Maintenance for Stonecrest Village MAD 4600001448 10025899-12W Landscape Maintenance for Open Space Street Mediums 4600001547 10023966-12W Landscape Maintenance for Genessee & North Torrey Pines MAD 4600001548 10025238-13W Landscape Maintenance of Desig Medians & Park Areas w/in City Heights Urban Village & Police Station Brewer Lawn Maintenance, Inc Brewer Lawn Maintenance, Inc Landcare Logic 06/06/2012 06/30/2017 $320,312 07/09/2012 07/13/2017 $83,613 07/19/2012 07/31/2017 $302,349 08/10/2012 07/31/2017 $297,262 08/13/2012 08/30/2017 $85,053 11/05/2012 12/16/2017 $71,245 11/05/2012 12/09/2017 $97,654 11/29/2012 12/16/2017 $268,839 01/16/2013 03/31/2018 $97,095 01/17/2013 02/28/2014 01/17/2013 02/28/2018 $49,513 $104,527 Contemporary Design Landscape Landscapes USA, Inc Contemporary Design Landscape Aztec Landscaping, Inc 4600001567 10030695-13W Landscape Maintenance for Rancho Bernardo & Aztec Landscaping, Inc Penasquitos East MAD 4600001601 10030783-13W Landscape Maintenance for Linda Vista MAD Contemporary Design Landscape 4600001610 10026343-13W Landscape Maintenance for Public Utilities Landscapes USA, Inc 4600001611 10024960-13W Landscape Maintenance for Sabre Springs & Landcare Logic Rancho Encantada MAD City of San Diego Purchasing and Contracting Department Living Wage Program Page 4 of 7 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # C008090216 8622-07-Y C008100009 8580-07-Y C008100011 8797-07-Q C008100046 8758-07-Q C008100054 Contract Title Landscape Maintenance at Various Metro Wastewater Operations Sites Landscape Maintenance at Various Water Facility Sites Landscape Maintenance of Designated Landscape Medians & Park Areas w/in City Heights Urban Village Contractor End Amount 06/27/2009 05/31/2012 $73,061 06/27/2009 06/30/2012 $83,282 06/27/2009 06/30/2013 $134,380 Landscape Maintenance of Medians, Rights-of- Aztec Landscaping, Inc Way & Open Space for Hillcrest, North Park, Mid City & Talmadge MAD 06/27/2009 08/14/2012 $265,512 8871-07-Q Landscape Maintenance of Desig Medians, Rights-of-Way, Slopes, Sidewalks & Gutters w/in Genesee Av/North Torrey Pines Rd MAD Benchmark Landscape Services, Inc 06/27/2009 08/14/2012 $106,355 C008100071 8781-07-Y $168,671 8901-07-Q Powerland Equipment, Inc Brewer Lawn Maintenance, Inc 06/27/2009 09/30/2012 C008100107 Mowing & Grounds Maintenance at Montgomery & Brown Fields Landscape Maintenance of Desig Medians, Rights-of-Way, Adj Slopes & Library incl Areas w/in Mira Mesa NE Sub-Area of MADs 06/27/2009 10/31/2012 $365,793 C008100138 9057-08-Q Landscape Maintenance of Designated Planted Aztec Landscaping, Inc & Paved Center Islands in Sabre Springs Landscape MAD 06/27/2009 12/31/2012 $58,225 C008100176 9216-08-Q $281,021 9093-08-Q West Coast Arborists, Inc Treebeard Landscape, Inc 06/27/2009 04/14/2013 C008100186 Tree Trimming/Tree Planting for approx 5,000 Trees Landscape Maintenance of Designated Parks, Medians, Rights-of-Way & Open Space Areas w/in Tierrasanta MAD 06/29/2009 04/30/2013 $500,775 C008100203 9186-08-Q $40,648 9185-08-Q 06/27/2009 06/30/2013 $149,944 C008100214 9144-08-Q 06/27/2009 05/31/2013 $390,244 C008200037 8646-08-Q 06/27/2009 07/31/2013 $53,189 C008200093 9489-09-Q 06/27/2009 12/31/2013 $721,804 C008200110 9502-09-Q Brewer Lawn Maintenance, Inc Brewer Lawn Maintenance, Inc Ponderosa Landscape, Inc Westturf Landscape Maintenance West Coast Arborists, Inc Aztec Landscaping, Inc 06/27/2009 05/31/2013 C008100204 06/27/2009 03/14/2014 $35,444 C008200135 9616-09-Q 09/08/2009 05/31/2014 $97,464 C008200162 9661-09-Q Landscape Maintenance of Medians, Bike & Equestrian Trails w/in Carmel Valley CVREP Landscape Maintenance of Areas w/in Calle Cristobal MAD Landscape Maintenance of Various Library Sites Landscape Maintenance w/in Camino Santa Fe MAD Palm Tree Trimming for approx 30,000 Queen, Fan & Date Palms, incl Plant New Trees Landscape Maintenance of Carmel Mtn Ranch, Sabre Springs Park & Comfort Stations Landscape Maintenance of Various Police Dept Facilities Landscape Maintenance of Desig Rights-ofWay & Slopes w/in Campus Pt & LaJolla Village Dr MADs 06/27/2009 06/30/2014 $25,135 74 CONTRACTS Blue Skies Landscape Maintenance, Inc Aztec Landscaping, Inc Start Acacia Landscape Company Westturf Landscape Maintenance Blue Skies Landscape Maintenance, Inc 17 CONTRACTORS City of San Diego Purchasing and Contracting Department Living Wage Program $13,338,707 Page 5 of 7 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # Contract Title PARKING MANAGEMENT: 4600000157 9105-08-Z Parking Management Services for Evan Jones Parkade 4600000983 10013973-11Z Parking Mgmt Svcs for Qualcomm Stadium Sole Source 2151 Exec Complex Parking Services 3 CONTRACTS Contractor Ace Parking Management, Inc Ace Parking Management, Inc Ace Parking Management, Inc Start End 02/19/2010 02/17/2015 $665,463 11/04/2011 11/06/2016 $198,998 09/09/2009 06/30/2011 $164,000 1 CONTRACTOR PEST CONTROL: 4600000314 10007128-10Z Pest Control for Public Utilities Department Amount $1,028,461 Cartwright Termite & Pest Control 4600000467 10008610-11Z General and Agricultural Pest Control Services Epic Pest Control for Park & Recreation Department, Community Parks I Division 08/02/2010 08/31/2015 $30,053 11/29/2010 01/02/2016 $32,122 4600000757 10014496-11Z Bee & Wasp Removal & Extermination Services Pestmaster Services 06/20/2011 06/19/2016 $31,461 3 CONTRACTS RIGHT-OF-WAY MAINTENANCE: 4600000271 10006520-10P On Call Asphalt Crack Sealing 1 CONTRACT SECURITY SERVICES: 4600000816 8502-07-W Security Guard Services @ Various City Sites 4600001026 10022142-12Q Security Services for Various Park & Recreation Facilities 4600001030 10001592-12Q Security Gate Services @ Various Community Parks 4600001571 10023989-12Q Security Guard Service for Public Utilities MOC C008200013 C008200054 9331-08-B 9474-09-B Sole Source 1479 3 CONTRACTORS Road Works, Inc $93,636 06/15/2010 06/30/2013 1 CONTRACTOR $420,001 $420,001 G4S Secure Solutions Able Patrol & Guard 07/29/2011 09/13/2012 12/21/2011 12/31/2017 $2,795,095 $24,977 Securitas Security Services USA Able Patrol & Guard 12/23/2011 12/31/2016 $25,706 12/03/2012 11/27/2014 $122,647 Security Guard Services at Various City Sites Security Guard Service for Various Park & Recreation Sites Qualcomm Stadium Security Able Patrol & Guard 06/27/2009 07/31/2013 US Security Associates, 06/27/2009 10/31/2013 Inc Elite Show Services 06/01/2009 05/31/2010 $1,032,933 $115,433 $2,880,000 7 CONTRACTS 5 CONTRACTORS $6,996,791 WASTE COLLECTION AND DISPOSAL, INCLUDING RECYCLING: 4600000004 9680-09-Z Abatement Services 4600000112 9703-09-V 40 Cubic Yard Roll-Off Containers & Disposal Services as needed 4600000195 9678-10-V Refuse and Recyclable Collection Services B & Z Builders, Inc Ware Disposal 07/28/2009 07/14/2014 12/19/2009 02/14/2015 $147,552 $25,000 Allied Waste Services 03/28/2010 03/31/2015 $461,473 City of San Diego Purchasing and Contracting Department Living Wage Program Page 6 of 7 ATTACHMENT F Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Commodity Type 07/01/2012 06/30/2013 Contract # Bid # 4600000266 9639-09-W Contract Title Contractor Household Hazardous Waste Collection & Disposal Services 4600000499 10012279-11W Asbestos and Lead Abatement Services 4600000500 10012279-11W Asbestos and Lead Abatement Services 4600000637 9075-08-A Hazardous Waste Management Services for All City Sites 4600000895 10020257-12L Used and Waste Tire Recycling & Disposal C008200046 9427-08-W Incident Clean-up & Disposal Services C008200052 9379-08-W C008200056 9075-08-A Clean Harbors Environmental Allied Industries Inc Miller Environmental Inc Ocean Blue Environmental Services Reliable Tire Company Patriot Environmental Services Aqueous Part Cleaner Maintenance Services for FRS Environmental, Inc Customer Owned Equipment & Rentals Hazardous Waste Management Service Ocean Blue Environmental Services 11 CONTRACTS WATER AND WASTEWATER MAINTENANCE: 4600000032 9615-09-L Cleaning of Sludge Hopper Bay Area at Metro Biosolids Center 4600000082 9918-10-L Removal & Transport of Scum/Sludge, Grit & Storm Water w/in City Facility as needed 4600000135 9690-10-W Wastewater Pumping Svc, Lot 2, Sec 1 & Lot 5 End Quality Coast, Inc Amount 06/10/2010 06/30/2014 $737,000 12/29/2010 01/14/2016 12/29/2010 01/14/2013 03/28/2011 10/31/2013 $865,137 $174,524 $973,000 09/14/2011 09/20/2016 06/27/2009 09/04/2013 $60,653 $274,099 06/27/2009 10/14/2013 $634,748 06/27/2009 10/31/2013 $1,400,000 10 CONTRACTORS $5,753,186 09/08/2009 09/30/2014 $82,388 Clean Harbors 11/13/2009 11/30/2014 Environmental United Sites Services of 01/22/2010 01/31/2015 CA Inc Atlas Pumping Service 07/26/2010 07/31/2015 $37,695 $48,177 10/25/2010 11/14/2015 $60,959 10/25/2010 11/14/2015 12/28/2012 01/14/2018 $277,146 $582,480 06/29/2009 04/30/2013 $680,641 06/27/2009 11/30/2013 $80,580 4600000311 10007601-10W Wastewater Pumping Services at Miramar Landfill 4600000365 100008910-11L Wastewater Pumping at Torrey Pines, Sched A Diamond Environmental Services 4600000366 10008910-11L Wastewater Pumping at Torrey Pines, Sched B Atlas Pumping Service 4600001592 10031045-13L On call 24/7 Scheduled & Emergency Diamond Environmental Wastewater Pumping Service, as needed Services C008100189 9260-08-B Inspection & Cleaning of Catch Basin, Cleanout Ron's Maintenance & Curb Inlet C008200067 9398-09-L Removal & Disposal of a Estimated 475 Wet Terra Renewal LLC Tons of Sewage Scum 9 CONTRACTS Start $39,000 7 CONTRACTORS $1,889,066 60 CONTRACTORS $32,961,041 2013 FISCAL YEAR TO DATE TOTALS: 133 CONTRACTS City of San Diego Purchasing and Contracting Department Living Wage Program Page 7 of 7 ATTACHMENT G 07/01/2012 06/30/2013 Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contractors Contractor Able Patrol & Guard Contract # Bid # Bid Title 4600001026 10022142-12Q Security Services for Various Park & Recreation Facilities 4600001571 10023989-12Q Security Guard Service for Public Utilities MOC C008200013 9331-08-B Security Guard Services at Various City Sites Acacia Landscape Company 4600000038 9740-09-Q Landscape Maintenance of Various Metro Wastewater Dept Reclamation Plants 4600000439 9972-11-Q Landscape Maintenance of Carmel Valley Comm Park & Comf Sta 4600000579 9983-11-Q Landscape Maintenance of Carmel Creek Neighborhood Park & Comf Sta 4600000707 10014695-11Q Landscape Maintenance of Various MWWD Reclamation Plants 4600001032 10021604-12W Landscape Maintenance w/in Solana Highlands Neighborhood Park 4600001040 10019948-12W Landscape Maintenance of Trees & Hardscape on Mission Bl C008100011 8797-07-Q Complete Landscape Maintenance of Designated Landscape Medians & Park Areas w/in City Heights Urban Village Contract Amount $24,977 $122,647 $1,032,933 $1,180,557 $109,879 $74,458 $41,463 $109,878 $42,473 $27,853 $134,380 $540,384 Ace Parking Management, Inc 4600000157 9105-08-Z Parking Mgmt Services for Evan Jones Parkade 4600000983 10013973-11Z Parking Mgmt Svcs for Qualcomm Stadium Sole Source 2151 Exec Complex Parking Services Allied Industries Inc Allied Waste Services 4600000499 10012279-11W Asbestos and Lead Abatement Services 4600000195 9678-10-V Refuse and Recyclable Collection Services $865,137 $461,473 Atlas Pumping Service 4600000311 10007601-10W Wastewater Pumping Services @ Miramar Landfill 4600000366 10008910-11L Wastewater Pumping at Torrey Pines, Sched B $48,177 $277,146 $325,323 Aztec Landscaping, Inc 4600000005 9704-09-Q 460000019 4600000041 9637-09-Q 9702-09-Q 4600000091 4600000174 9716-09-Q 9719-09-Q 4600000269 4600000364 9948-10-Q 9968-11-Q 4600000492 4600000522 9966-11-Q 9967-11-Q 4600000675 9984-11-Q Landscape Maintenance of Carmel Del Mar Park & Comfort Station Landscape Maintenance of So Bay Wastewater Reclamation Landscape & Comf Sta Maintenance for Scripps Ranch Comm Park & Joint Use Turf Landscape Maintenance w/in Coral Gate MAD Landscape Maintenance of Ashley Falls Neighborhood Park & Comfort Station Landscape Maintenance of Stonebridge Neighborhood Park & Landscape Maintenance of Dusty Rhodes Neighborhood Park & Dog Park Landscape Maintenance of Spring Cyn Park & Comf Sta & Landscape Maint for Rancho Bernardo Comm Park & Dog Park & Comfort Stations Landscape Maintenance w/in Gateway Ctr East MAD City of San Diego Purchasing and Contracting Department Living Wage Program $665,463 $198,998 $164,000 $1,028,461 $30,688 $34,037 $74,484 $55,408 $47,617 $27,336 $45,855 $65,882 $78,568 $104,328 Page 1 of 6 ATTACHMENT G 07/01/2012 06/30/2013 Contractor Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contractors Contract # Bid # Bid Title 4600000918 10016536-12W Landscape Maintenance of Four Parks 4600001017 10019947-12W Landscape Maintenance w/in Otay Int'l Center MAD 4600001022 10021500-12W Brush Management Services w/in Marian Bear & Sabre Springs Area 4600001038 10021500-12W Brush Management Services 4600001548 10025238-13W Landscape Maintenance of Desig Medians & Park Areas w/in City Heights Urban Village & Police Station 4600001567 10030695-13W Landscape Maintenance for Rancho Bernardo & Penasquitos East MAD C008100009 8580-07-Y Landscape Maintenance at Various Water Facility Sites C008100046 8758-07-Q Landscape Maintenance of Medians, Rights-of-Way & Open Space for Hillcrest, North Park, Mid City & Talmadge MAD C008100138 9057-08-Q Landscape Maintenance of Designated Planted & Paved Center Islands in Sabre Springs Landscape MAD C008200110 9502-09-Q Landscape Maintenance of Carmel Mtn Ranch, Sabre Springs Park & Comfort Stations Contract Amount $48,712 $172,774 $716,277 $724,760 $97,654 $268,839 $83,282 $265,512 $58,225 $35,444 $3,035,682 B & Z Builders, Inc Benchmark Landscape Services, Inc 4600000004 C008100054 9680-09-Z 8871-07-Q Blue Skies Landscape Maintenance, Inc 4600000251 9944-10-Q Abatement Services Landscape Maintenance of Desig Medians, Rights-of-Way, Slopes, Sidewalks & Gutters w/in Genesee Av/North Torrey Landscape Maintenance of Designated Median, Rights-of-Way & Areas Adj to Rights-of-Way w/in Eastgate Tech MAD 4600000368 9955-11-Q Landscape Maintenance of Desig Rights-of-Way/Parkways, Parks & Adj Slopes w/in Miramar Ranch No MAD 4600000717 10014050-11Q Landscape Maintenance of Desig Buffer Zones & Riparian Open Space w/in 1st San Diego River Improvement C008090216 8622-07-Y Landscape Maintenance at Various Metro Wastewater Operations Sites C008200162 9661-09-Q Landscape Maintenance of Desig Rights-of-Way & Slopes w/in Campus Pt & LaJolla Village Dr MADs $147,552 $106,355 $44,620 $750,298 $92,143 $73,061 $25,135 $985,257 Brewer Lawn Maintenance, Inc Burns & Sons Trucking, Inc Cannon Pacific 4600001298 10023248-12W Landscape Maintenance for Ocean View Hills, Robinhood Ridge & Remington Hills MAD 4600001347 10024689-12W Landscape Maintenance for Camino Santa Fe MAD C008100107 8901-07-Q Landscape Maintenance of Desig Medians, Rights-of-Way, Adj C008100203 9186-08-Q Landscape Maintenance of Medians, Bike & Equestrian Trails w/in Carmel Valley CVREP C008100204 9185-08-Q Landscape Maintenance of Areas w/in Calle Cristobal MAD 4600000986 10021974-12E Rental of Various Operated Trucks, Grades & Large Capacity Loaders @ Qualcomm 4600001309 10024890-12L Sweeping Service @ Montgomery Field & Brown Field City of San Diego Purchasing and Contracting Department Living Wage Program $320,312 $83,613 $365,793 $40,648 $149,944 $960,310 $67,932 $99,723 Page 2 of 6 ATTACHMENT G 07/01/2012 06/30/2013 Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contractors Contractor Cartwright Termite & Pest Control Centerplate Contract # Bid # Bid Title 4600000314 10007128-10Z Pest Control for Public Utilities Department 4600000831 10020213-12V Concession/Catering @ Qualcomm Clean Harbors Environmental 4600000082 9918-10-L 4600000266 9639-09-W Removal & Transport of Scum/Sludge, Grit & Storm Water w/in City Facility as needed Household Hazardous Waste Collection & Disposal Services Contract Amount $30,053 $190,000 $37,695 $737,000 $774,695 Complete Relocation Services Inc 4600000517 10013522-11P Office Relocation Services Contemporary Design 4600001411 10022719-12W Landscape Maintenance for Stonecrest Village MAD 4600001547 10023966-12W Landscape Maintenance for Genessee & No Torrey Pines MAD 4600001601 10030783-13W Landscape Maintenance for Linda Vista MAD $297,262 $71,245 $97,095 $465,602 Coverall Health Based Cleaning 4600000342 10005711-10L Janitorial Maintenance Service for City of San Diego Branch Libraries, Schedule B $165,402 Diamond Environmental Services 4600000365 100008910-11L Wastewater Pumping at Torrey Pines, Sched A 4600001592 10031045-13L On call 24/7 Scheduled & Emergency Wastewater Pumping Service, as needed $32,165 $60,959 $582,480 $643,439 DMS Services, LLC Elite Show Services Epic Pest Control Eric J Friend FRS Environmental, Inc G4S Secure Solutions Goldkamp Landscaping 4600000120 9613-09-L Sole Source 2191 Janitorial Maintenance Service at Various Wastewater/Water Facilities Management of City Concourse Sole Source 1479 Qualcomm Stadium Security 4600000467 10008610-11Z General and Agricultural Pest Control Services for Park & Recreation Department, Community Parks I Division C008200108 9492-09-L Steam Clean Sidewalks, Sidewalk Furniture & Trash Receptacles w/in North Park MAD C008200052 9379-08-W Aqueous Part Cleaner Maintenance Services for Customer Owned Equipment & Rentals 4600000816 8502-07-W Security Guard Services @ Various City Sites 4600000092 4600000518 9767-09-Q 9958-11-Q Landscape Maintenance for Linda Vista MAD Landscape Maint of Desig Medians, Rights-of-Way, Mini-Parks, Open Space & Areas w/in Penasquitos East MAD 4600000787 10014057-11Q Landscape Maintenance of Desig Medians, Rights-of-Way & Areas w/in Rancho Bernardo MAD $147,799 $192,000 $339,799 $2,880,000 $32,122 $49,439 $634,748 $2,795,095 $66,509 $186,852 $775,000 $1,028,361 City of San Diego Purchasing and Contracting Department Living Wage Program Page 3 of 6 ATTACHMENT G 07/01/2012 06/30/2013 Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contractors Contractor ISS Facility Services Inc Contract # Bid # Bid Title 4600000571 10009350-11L Janitorial Maintenance @ Various City of San Diego Operation Facilities - Chollas, Water Ops, Street/Transportation, Fleet & Central Stores, Sched A Jani-King of California, Inc 4600000745 10013883-11L Janitorial Maintenance Service for Events and Post-Events @ Qualcomm Stadium 4600000594 10004984-10E Fire Apparatus Body Repair and Paint Services Kovatch Mobile Equipment Corp Landcare Logic 4600000130 9901-10-Q 4600000250 9950-10-Q 4600000256 4600000268 4600000441 4600000641 9954-10-Q 9900-10-Q 9973-11-Q 9981-11-Q 4600001069 9901-10-Q Landscape Maintenance w/in East Village Redevelopment & Ballpark Infrastructure Landscape Maintenance of Thurgood Marshall Middle School Joint Use Turf Landscape Maintenance for Imperial Marketplace Landscape Maintenance Park Village MAD Landscape Maintenance for Alvarado Water Treatment Campus Landscape Maintenance of Designated Medians, Rights-of-Way & Areas w/in Carmel Mtn Ranch MAD Landscape Maintenance of Desig Rights-of-Way/ Parkways Medians & Areas w/in East Village Redev & Ballpark Infrastructure 4600001377 10022632-12W Landscape Maintenance for Torrey Highlands MAD 4600001611 10024960-13W Landscape Maintenance for Sabre Springs & Rancho Encantada MAD Contract Amount $59,319 $627,278 $173,711 $76,706 $34,077 $29,173 $130,099 $71,755 $224,559 $76,706 $302,349 $104,527 $1,049,951 Landscapes USA, Inc 4600001027 10016715-12W Landscape Maintenance for Carmel Valley MAD 4600001154 10021272-12W Landscape Maintenance of Desig Medians, Rights-of-Way, Open Space, Parks & Comf Stations w/in Scripps Miramar Ranch MAD 4600001448 10025899-12W Landscape Maintenance for Open Space Street Mediums 4600001610 10026343-13W Landscape Maintenance for Public Utilities Merchants Building Maintenance Miller Environmental Inc Nissho of California Inc Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 3 4600000500 10012279-11W Asbestos and Lead Abatement Services 4600000577 9977-11-Q Landscape Maintenance of Designated Medians, Greenbelt/Mini Parks, Rights-of-Way, Areas Adj to Rights-of-Way & Slopes w/in Torrey Hills MAD NMS Management, Inc 4600000122 9613-09-L 4600000147 9610-10-L 4600000126 9613-09-L Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 9 Janitorial Maintenance Service at Various City Facilities City of San Diego Purchasing and Contracting Department Living Wage Program $797,469 $410,597 $85,053 $49,513 $1,342,632 $37,483 $174,524 $597,998 $31,741 $71,736 $103,477 Page 4 of 6 ATTACHMENT G 07/01/2012 06/30/2013 Contractor Ocean Blue Environmental Services Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contractors Contract # 4600000637 Bid # 9075-08-A Bid Title Hazardous Waste Management Services for All City Sites C008200056 9075-08-A Hazardous Waste Management Service Patriot Environmental Services C008200046 9427-08-W Incident Clean-up & Disposal Services Pestmaster Services 4600000757 10014496-11Z Bee & Wasp Removal & Extermination Services Ponderosa Landscape, Inc 4600000526 9979-11-Q Landscape Maintenance of So Creek Neighborhood Pk & Comfort Station 4600000798 10015260-12Q Landscape Maintenance for Sabre Springs Park & Comfort Station 4600001013 10019874-12W Landscape Maintenance w/in Sage Cyn & Torrey Hills Neighborhood Parks & Comf Stations C008100214 9144-08-Q Landscape Maintenance of Various Library Sites Powerland Equipment, Inc C008100071 8781-07-Y Prizm Janitorial Services Inc 4600000121 9613-09-L Mowing & Grounds Maintenance at Montgomery & Brown Fields Janitorial Maintenance Service at Various Wastewater/Water Facilities, Sched 4, 5, 6, 7 4600000570 10009350-11L Janitorial Maintenance @ Various City of San Diego Operation Facilities - Chollas, Central Ops & Rose Cyn, Sched B, C Contract Amount $973,000 $1,400,000 $2,373,000 $274,099 $31,461 $40,635 $35,060 $81,463 $390,244 $547,402 $168,671 $51,056 $35,496 $86,552 Quality Coast, Inc Qualityway Building Service $82,388 $236,782 Reliable Tire Company Road Works, Inc Ron's Maintenance Securitas Security Services So Cal Tree Care, Inc South Bay Fence, Inc 4600000032 9615-09-L Cleaning of Sludge Hopper Bay Area at Metro Biosolids Center 4600000352 10005550-10L Janitorial Maintenance Service at Various Police Department Facilities 4600000895 10020257-12L Used and Waste Tire Recycling & Disposal 4600000271 10006520-10P On Call Asphalt Crack Sealing C008100189 9260-08-B Inspection & Cleaning of Catch Basin, Cleanout & Curb Inlet 4600001030 10001592-12Q Security Gate Services @ Various Community Parks 4600000007 9679-09-Q Tree Maintenance Service in the Carmel Valley MAD 4600000535 10013916-11P Chain Link Fence, Installation, Repairs & Parts T & T Janitorial 4600000118 $108,834 9613-09-L 4600000348 10005711-10L 4600001033 10021966-12L 4600001101 10019182-12L 4600001149 10022861-12L Janitorial Maintenance Service at Various Wastewater/Water Facilities Janitorial Maintenance Service for City of San Diego Branch Libraries, Schedules A & C Janitorial Maintenance 24/7 @ Civic Ctr & Gaslamp Square Park Comfort Stations Janitorial Maintenance at NTC Harbor & Alvarado Water Treatment Plant Janitorial Maintenance at Central Library City of San Diego Purchasing and Contracting Department Living Wage Program $60,653 $420,001 $680,641 $25,706 $177,785 $47,993 $326,746 $286,066 $124,427 $168,096 $1,014,169 Page 5 of 6 ATTACHMENT G 07/01/2012 06/30/2013 Living Wage Ordinance Contracts in Fiscal Year 2013 Sorted by Contractors Contractor Terra Renewal LLC Contract # C008200067 Bid # 9398-09-L TP Janitorial Services 4600000293 9617-10-L Bid Title Removal & Disposal of a Estimated 475 Wet Tons of Sewage Scum Janitorial Maintenance at Various City Facilities incl Comf Stations & Mission Trails Visitors Ctr 4600000743 10014925-11L Janitorial Maintenance Service @ Montgomery Field, Brown Field, SD Fire Rescue Training Ctr & Var City Locations as needed Contract Amount $80,580 $80,602 $29,367 $109,969 Treebeard Landscape, Inc 4600000491 9970-11-Q Landscape Maintenance of Black Mountain Ranch South MAD 4600000841 10015801-12Q Landscape Maintenance w/in Pacific Highland Ranch MAD 4600001021 10016714-12W Landscape Maintenance for Carmel Valley #10 MAD C008100186 9093-08-Q Landscape Maintenance of Designated Parks, Medians, Rightsof-Way & Open Space Areas w/in Tierrasanta MAD $337,105 $116,584 $127,189 $500,775 $1,081,653 Tried & True Corporate Cleaning, Inc United Sites Services of CA Inc US Security Associates, Inc Ware Disposal West Coast Arborists, Inc 4600000580 9982-11-Q 4600000135 C008200054 4600000112 9690-10-W 9474-09-B 9703-09-V C008100176 C008200093 9216-08-Q 9489-09-Q Landscape Maintenance for So Village Park & Comf Sta & Torrey Del Mar Park Wastewater Pumping Svc, Lot 2, Sec 1 & Lot 5 Security Guard Service for Various Park & Recreation Sites 40 Cubic Yard Roll-Off Containers & Disposal Services as needed Tree Trimming/Tree Planting for approx 5,000 Trees Palm Tree Trimming for approx 30,000 Queen, Fan & Date Palms, incl Plant New Trees $59,874 $39,000 $115,433 $25,000 $281,021 $721,804 $1,002,825 Westturf Landscape Maintenance 60 CONTRACTORS 4600000206 9945-10-Q C008200037 C008200135 8646-08-Q 9616-09-Q Landscape Maintenance for Views West Neighborhood Park & Comfort Station Landscape Maintenance w/in Camino Santa Fe MAD Landscape Maintenance of Various Police Dept Facilities 133 CONTRACTS City of San Diego Purchasing and Contracting Department Living Wage Program $37,312 $53,189 $97,464 $187,965 $32,961,041 Page 6 of 6 ATTACHMENT H Living Wage Ordinance Contractors in Fiscal Year 2013 Sorted by Earnings 07/01/2012 06/30/2013 Contractor Number of Contracts Total Amount Aztec Landscaping, Inc 20 $3,035,682 Elite Show Services 1 $2,880,000 G4S Secure Solutions 1 $2,795,095 Ocean Blue Environmental Services 2 $2,373,000 Landscapes USA, Inc 4 $1,342,632 Able Patrol & Guard 3 $1,180,557 Treebeard Landscape, Inc 4 $1,081,653 Landcare Logic 9 $1,049,951 Ace Parking Management, Inc 3 $1,028,461 Goldkamp Landscaping 3 $1,028,361 T & T Janitorial 5 $1,014,169 West Coast Arborists, Inc 2 $1,002,825 Blue Skies Landscape Maintenance, Inc 5 $985,257 Brewer Lawn Maintenance, Inc 5 $960,310 Allied Industries Inc 1 $865,137 Clean Harbors Environmental 2 $774,695 Ron's Maintenance 1 $680,641 Diamond Environmental Services 2 $643,439 FRS Environmental, Inc 1 $634,748 Jani-King of California, Inc 1 $627,278 Nissho of California Inc 1 $597,998 Ponderosa Landscape, Inc 4 $547,402 Acacia Landscape Company 7 $540,384 Contemporary Design Landscape 3 $465,602 Allied Waste Services 1 $461,473 Road Works, Inc 1 $420,001 DMS Services, LLC 2 $339,799 Atlas Pumping Service 2 $325,323 Patriot Environmental Services 1 $274,099 Qualityway Building Service 1 $236,782 Centerplate 1 $190,000 Westturf Landscape Maintenance 3 $187,965 So Cal Tree Care, Inc 1 $177,785 Miller Environmental Inc 1 $174,524 Kovatch Mobile Equipment Corp 1 $173,711 City of San Diego Purchasing and Contracting Department Living Wage Program Page 1 of 2 ATTACHMENT H Living Wage Ordinance Contractors in Fiscal Year 2013 Sorted by Earnings 07/01/2012 06/30/2013 Contractor Number of Contracts Total Amount Powerland Equipment, Inc 1 $168,671 Coverall Health Based Cleaning 1 $165,402 B & Z Builders, Inc 1 $147,552 US Security Associates, Inc 1 $115,433 TP Janitorial Services 2 $109,969 Benchmark Landscape Services, Inc 1 $106,355 NMS Management, Inc 2 $103,477 Cannon Pacific 1 $99,723 Prizm Janitorial Services Inc 2 $86,552 Quality Coast, Inc 1 $82,388 Terra Renewal LLC 1 $80,580 Burns & Sons Trucking, Inc 1 $67,932 Reliable Tire Company 1 $60,653 Tried & True Corporate Cleaning, Inc 1 $59,874 ISS Facility Services Inc 1 $59,319 Eric J Friend 1 $49,439 South Bay Fence, Inc 1 $47,993 United Sites Services of CA Inc 1 $39,000 Merchants Building Maintenance 1 $37,483 Complete Relocation Services Inc 1 $32,165 Epic Pest Control 1 $32,122 Pestmaster Services 1 $31,461 Cartwright Termite & Pest Control 1 $30,053 Securitas Security Services USA 1 $25,706 Ware Disposal 1 $25,000 60 CONTRACTORS 133 CONTRACTS City of San Diego Purchasing and Contracting Department Living Wage Program $32,961,041 Page 2 of 2 ATTACHMENT I Living Wage Ordinance Contractors in Fiscal Year 2013 Sorted by Total Number of Contracts 07/01/2012 06/30/2013 Contractor Number of Contracts Total Amount Aztec Landscaping, Inc 20 $3,035,682 Landcare Logic 9 $1,049,951 Acacia Landscape Company 7 $540,384 Blue Skies Landscape Maintenance, Inc 5 $985,257 Brewer Lawn Maintenance, Inc 5 $960,310 T & T Janitorial 5 $1,014,169 Landscapes USA, Inc 4 $1,342,632 Ponderosa Landscape, Inc 4 $547,402 Treebeard Landscape, Inc 4 $1,081,653 Able Patrol & Guard 3 $1,180,557 Ace Parking Management, Inc 3 $1,028,461 Contemporary Design Landscape 3 $465,602 Goldkamp Landscaping 3 $1,028,361 Westturf Landscape Maintenance 3 $187,965 Atlas Pumping Service 2 $325,323 Clean Harbors Environmental 2 $774,695 Diamond Environmental Services 2 $643,439 DMS Services, LLC 2 $339,799 NMS Management, Inc 2 $103,477 Ocean Blue Environmental Services 2 $2,373,000 Prizm Janitorial Services Inc 2 $86,552 TP Janitorial Services 2 $109,969 West Coast Arborists, Inc 2 $1,002,825 Allied Industries Inc 1 $865,137 Allied Waste Services 1 $461,473 B & Z Builders, Inc 1 $147,552 Benchmark Landscape Services, Inc 1 $106,355 Burns & Sons Trucking, Inc 1 $67,932 Cannon Pacific 1 $99,723 Cartwright Termite & Pest Control 1 $30,053 Centerplate 1 $190,000 Complete Relocation Services Inc 1 $32,165 Coverall Health Based Cleaning 1 $165,402 Elite Show Services 1 $2,880,000 Epic Pest Control 1 $32,122 City of San Diego Purchasing and Contracting Department Living Wage Program Page 1 of 2 ATTACHMENT I Living Wage Ordinance Contractors in Fiscal Year 2013 Sorted by Total Number of Contracts 07/01/2012 06/30/2013 Contractor Number of Contracts Total Amount Eric J Friend 1 $49,439 FRS Environmental, Inc 1 $634,748 G4S Secure Solutions 1 $2,795,095 ISS Facility Services Inc 1 $59,319 Jani-King of California, Inc 1 $627,278 Kovatch Mobile Equipment Corp 1 $173,711 Merchants Building Maintenance 1 $37,483 Miller Environmental Inc 1 $174,524 Nissho of California Inc 1 $597,998 Patriot Environmental Services 1 $274,099 Pestmaster Services 1 $31,461 Powerland Equipment, Inc 1 $168,671 Quality Coast, Inc 1 $82,388 Qualityway Building Service 1 $236,782 Reliable Tire Company 1 $60,653 Road Works, Inc 1 $420,001 Ron's Maintenance 1 $680,641 Securitas Security Services USA 1 $25,706 So Cal Tree Care, Inc 1 $177,785 South Bay Fence, Inc 1 $47,993 Terra Renewal LLC 1 $80,580 Tried & True Corporate Cleaning, Inc 1 $59,874 United Sites Services of CA Inc 1 $39,000 US Security Associates, Inc 1 $115,433 Ware Disposal 1 $25,000 60 CONTRACTORS 133 CONTRACTS City of San Diego Purchasing and Contracting Department Living Wage Program $32,961,041 Page 2 of 2 ?advances the interests (if the City as a whale by creating jobs that keep werkers and their families out {if paverty? San Diego Municipal Code Annual Report for Fiscal Year 2013 LWO Applicability City of San Diego service contracts >$25K annually  Includes I l d subcontracts b t t  Covers employees for hours worked on contract LWO does not apply on:  Purchase of goods  Construction C t ti (except ( t right-of-way i ht f maintenance) i t )  “Professional” services (legal, banking, financial, technical, engineering, medical, management, etc.) 2 Employer Requirements  Pay fixed wages to covered employees: $11.47/hr + $2.30/hr in health benefits $13.77/hr total (FY13) Annual increase on July 1  Provide days off: 10 paid + 10 additional unpaid per year 3  Submit: LWO Certification of Compliance  Post/Distribute: P t/Di t ib t LWO Notice N ti tto Employees E l Wage Rate History 4 I Increase W Wage +H Health lth Benefits B fit F ll Cash Full C h FY 2014 1 6% 1.6% $11 65 + $2.34 $11.65 $2 34 /hr $13 99 /hr $13.99 FY 2013 3.0% $11.47 + $2.30 /hr $13.77 /hr FY 2012 1.3% $11.14 + $2.23 /hr $13.37 /hr FY 2011 FY 2010 0.0% 3.9% $11.00 + $2.20 /hr $11.00 + $2.20 /hr $13.20 /hr $13.20 /hr FY 2009 FY 2008 FY 2007 22.3% 3% 3.4% N/A $10.58 $10 58 + $2 $2.12 12 /h /hr $10.34 + $2.07 /hr $10.00 + $2.00 /hr $12.70 $12 70 /h /hr $12.41 /hr $12.00 /hr Annual Earnings SD Living g Wage g 5 CA Minimum Wage g Hour Year Hour Year FY 2014 FY 2013 FY 2012 FY 2011 FY 2010 $13.99 $13 77 $13.77 $13.37 $13.20 $13.20 $29,099 $28 642 $28,642 $27,810 $27,458 , $27,458 FY 2009 FY 2008 FY 2007 $12.70 $12 41 $12.41 $12.00 $26,416 $25 813 $25,813 $24,980 $8.00 $8 00 $8.00 $8.00 $8.00 $8.00 $8.00 $8 00 $8.00 $7.50 $16,640 $16 640 $16,640 $16,640 $16,640 , $16,640 $16,640 $16 640 $16,640 $15,600 Earnings Comparison State of CA Minimum Wage US Census Bureau Poverty Threshold Living Wage with health benefits Living Wage paid full cash FY07 6 FY08 FY09 FY10 FY11 FY12 FY13 Number of Contracts 2013 Fiscal Year 133 Contracts Landscaping Janitgrial Waste esliectien it . . disc-seal sit-i. Waste Eelleciten anti Dispesal ii'r'atentirastenirater maintenance Bit-it Jan ite n'al use Water and Maintenance Securityt Services 3,5,3an 5% FacilitnMaintenance Facility maintenance F?e st Ea nirei set Pariting ManagEmEnt Landscaping Pest eentrel EM gum Rgpgir Pariting 2% Eencessicns ante Hegairi se Maintenance EMS-SW Fiight?ei?Way Maintenance 1% Value of Contracts 2013 Fiscal Year $32,961,041 SEENWSEWEES 5.995351 55.115735 Janitnrisl Securily snitnrislBE'n 22% 3% Parking Management '1 '1 Concessions ?m?nm as gun?g??mm Pest??nh??l - $131535 Ants F-ispsir1% Landscaping Contracts 74 contracts; $13,338,707 Parka Facititiai Brush Tm; a 13 mm 51,441,113: Facir'tti-EE 2 WEE $1,235,433 TEE-E5 hmuzs Part-:5 5931,4111 Compliance Reviews 30 Reviews; discrepancies in 50% Number of Discrepancies 10 Types of Discrepancies Review Discrepancies Municipal Code Requirement Number of Percent of Violations Reviews §22.4220(a) Pay covered employees specified wage and benefits 13 43% §22.4225(b) Notify covered employees of LWO req irements requirements 9 30% §22.4220(c) Provide minimum 10 compensated leave days per year 11 37% 3 10% Other 11 CA Labor Code Employee Complaints 47 Complaints; violations in 48.9% Number of Complaints 12 Backpay = $283,318 Contractor Responses SDMC §22.4225(d) Number Percent Employers submitted Contractor Compliance Rpt Number of LWO covered employees 58 100% 2,070 19% 31 53% 656 31% Employers said LWO improved quality of service 43 59% E l Employers said id LWO reduced d d absences/ b / turnover t 43 59% Covered employers offering health benefits LWO employees receiving health benefits 13 Summary  Communicate C i t LWO requirements i t • contractors, workers, Departments, City Facility operators • website, website brochures brochures, English and Spanish • annual wage adjustment  Assist contractors to meet obligations  Retain R t i accurate t contract t td data t  Investigate Complaints and conduct Compliance Reviews • recovered more than $320K • referred cases to County DA Fraud Investigators • resulted in debarment and termination of contracts 14 Dennis Gakunga Nora Nugent Lucy Hernandez Purchasing & Contracting Department Phone 619/ 236-6682 Purchasing & Contracting Director Living Wage Manager Living Wage Senior Compliance Officer ● 202 C Street, MS 9A ● San Diego, CA 92101 Fax 619/ 533-3240