14.18.010 Definitions.
For the purpose of the chapter, the following definitions shall apply:
“Employee” shall refer to any employee of a service contractor, or a subcontractor, for all employment hours spent directly performing duties required under a service contract or a related subcontract.
A. Employees include those who work for wages or salary for 35 hours or more per week on an ongoing basis.
B. Employee does not include those who:
1. Are 17 years old or younger;
2. Are in positions that are designated for “trainees” or are otherwise part of a training program;
3. Are in a work study position, internship or are in positions that require student status as a prerequisite to being employed in that position;
4. Are volunteers;
5. Are standing by or on call according to the criteria established by the Fair Labor Standards Act, 29 USC 201 but only for those hours when the employee is actually standing by or on-call;
6. Are employed by the service contractor but perform duties that do not involve direct performance of those services set forth in the definition of “Service contract” of this section but may instead perform support, supervisory, fiscal or other services indirectly related to the service contract; or
7. Are subject to a bona fide collective bargaining agreement.
“Service contract” means a contract or contracts between the city and a service contractor under which the city pays $10,000 or more in a 12-month period; and a service contractor agrees to deliver directly to the city one of those services set forth below:
A. Automotive repair and maintenance services;
B. Facility and building maintenance services;
C. Janitorial and custodial services;
D. Landscaping services;
E. Laundry services;
F. Office and clerical services;
G. Parking lot management services;
H. Pest control services;
I. Recreation services;
J. Resident and day shelter services;
K. Security services;
L. Shuttle transportation services;
M. Street and sidewalk cleaning services;
N. Towing services.
“Service contractor” means an individual or entity who enters into a service contract as defined above with the city. Service contractor does not include the following:
A. Contractors who have three or fewer employees;
B. Contractors who have been in business for less than one year as of the date of the request for proposal or bid by the city;
C. Contractors who have been awarded grants to perform services under the city community development block grant program or its successor;
D. Contractors who are nonprofit organizations organized under Section 501(c)(3) of the Internal Revenue Service Code;
E. Contractors who supply goods, materials, or services other than those specified in subsection (A) of this section; or
F. Public sector contractors.
“Subcontractor” means any individual or entity who enters into a subcontract with a service contractor to perform all or part of the services in a service contract. Subcontractor does not include the following:
A. Subcontractors who have three or fewer employees; or
B. Subcontractors who have been in business for less than one year as of the date of the proposal request by the city. [Ord. 2002-11-080].