§ 2-375. Definitions.

The following words and phrases, whenever used in this article shall have the meanings defined in this section unless the context clearly requires otherwise:

(a)

"Awarding authority" means the county department, officer, or agency that recommends or is otherwise responsible for the administration of a service contract.

(b)

"Business" means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity operated for profit that may employ individuals or enter into service contracts. "Business" does not include nonprofit organizations.

(c)

"County" means the unincorporated area of the county of Sonoma, any county officer or board, commission, committee or other body, any county department or agency head, and any county employee authorized by the board of supervisors to enter into a contract with a covered employer, as defined under this article.

(d)

"County economic development assistance recipient" means any covered employer, as defined under this article, which receives direct financial assistance from the county in the form of grants, loans, or loan guarantees, in-kind services, waivers of county fees, interests in real property, or other valuable consideration totaling one hundred thousand dollars ($100,000.00) or more in any twelve-month period.

(e)

"Covered employer" means those persons and entities described in Section 2-376(a) of this article.

(f)

"Employee" means an individual employed by a service contractor or county economic development assistance recipient, as defined under this article, performing direct services during any applicable pay period on work funded—either in whole or in part—pursuant to a service contract, as defined under this article, or in connection with a county economic development assistance agreement, unless said employee spends less than twenty percent (20%) or eight (8) hours per week of his or her work time on work arising from a service contract or in connection with a county economic development assistance agreement, including subcontracts arising thereunder, during the term of the covered service contract or county economic development assistance agreement. "Employee" also includes a county employee, except full or part-time county employees who are in the student aide or seasonal job classifications and employees subject to a bona fide collective bargaining agreement as described in Section 2-376(c)(12).

(g)

"Nonprofit" means an organization described in Section 501(c) of the Internal Revenue Code of 1954 or any successor statute that is exempt from taxation under Section 501(c) of that code, or any nonprofit educational organization qualified under Section 23701(d) of the Revenue and Taxation Code or any successor statute.

(h)

"Service contract" means a contract for services, as defined under this article, entered or to be entered into by the county with (i) a business or other for-profit entity that involves an expenditure in excess of twenty-five thousand dollars ($25,000.00) within any twelve-month period or (ii) a nonprofit entity that involves an expenditure in excess of fifty thousand dollars ($50,000.00) within any twelve-month period. Where the same nonprofit entity or business or for-profit entity has or will have one (1) or more contract(s) with the county that, cumulatively, involve an expenditure in excess of the applicable threshold within a twelve-month period, each such contract shall be deemed a "service contract" for purposes of this article. For the purposes of this article, the term "service contract" includes franchises where the franchise holder has a franchise to provide services to the county.

The term "service contract" specifically does not include:

1.

A contract subject to federal or state laws or regulations that would preclude application of the living wage requirement otherwise applicable pursuant to this article;

2.

A contract between the county and another governmental entity;

3.

A regulatory franchise or a concessions agreement;

4.

A public works contract wherein the prevailing wage requirements of Division 2, Part 7, of the California Labor Code apply, except as provided otherwise in Section 2-376(c)(8);

5.

Community block grant contracts where the county acts as the fiscal liaison for public entities other than the county.

(i)

"Service contractor" means a nonprofit entity or a business or other for-profit entity that enters into a service contract with the county except those contractors who enter into public works contracts governed by the California Public Contracts Code and subject to the prevailing wage requirements of Division 2, Part 7, of the California Labor Code, and except as provided otherwise in Section 2-376(c)(8).

(j)

"Services" means any professional, technical, or non-technical services provided under a service contract with the county.

(k)

"Subcontractor" means any person or entity, other than an employee, that enters into a contract with a service contractor or a county economic development assistance recipient to assist the service contractor or county economic development assistance recipient in the performance of a service contract or county economic development assistance agreement. The term "subcontractor" specifically includes personnel leasing agencies, temporary employee agencies, and other persons or entities, other than an employee, who supply personnel to a service contractor for the purpose of performing the services covered by a service contract or county economic development assistance agreement.

( Ord. No. 6139, § II , 12-15-2015)