§ 4952. Definitions.

Whenever they appear in this Chapter, the following terms shall have the meanings provided in this Section, unless it is apparent from the context that a different meaning is intended:

(a)

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

(b)

"County" means the County of Ventura, any county officer or body, any county department or agency head, and any County employee authorized by the Board of Supervisors to enter into a contract with an employer.

(c)

"Contractor" means a person or entity that enters into a "service contract" with the County.

(d)

"Employee" means an individual, other than a managerial, supervisory or confidential employee, who is permanently or temporarily employed by a County contractor or subcontractor and who expends at least four (4) hours per week performing services during any applicable pay period on work funded (in whole or in part) pursuant to a service contract as defined under this Chapter. Employee does not include an individual who is (1) under the age of twenty-one (21) and a worker classified as a student trainee or intern (2) nor does it include anyone, regardless of age, who is providing services to earn academic credit or as part of a formal time specific training program. Employee also does not include a person providing volunteer services.

(e)

"Subcontractor" means any person or entity, other than an employee, that enters into a contract with a contractor to assist the contractor in the performance of a "service contract." 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 contractor for the purpose of performing the services covered by a "service contract."

(f)

"Service contract" means a contract for "services" entered or to be entered into by the County with another person or entity that: (1) involves an expenditure in excess of twenty-five thousand ($25,000.00) dollars, within a twelve (12) month period; and (2) has a term of at least three (3) months. Where the same person or entity has or will have two (2) or more contracts with the County that would qualify as service contracts under this definition except that one (1) or more of the contracts does not involve an expenditure in excess of twenty-five thousand ($25,000.00) dollars within a twelve (12) month period, if the contracts taken cumulatively will involve such an expenditure, each such contract shall be deemed a "service contract."

A "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 Chapter;

(2)

A contract between the County and another governmental entity;

(3)

A contract between the County and a financial or banking institution for financial or banking services;

(4)

A contract for professional services requiring specialized skills or licensure, including but not limited to experts, consultants, auditors, engineers, attorneys, and banking representatives;

(5)

A contract with a non-profit corporation qualifying under Internal Revenue Code section 501(c)(3).

(g)

"Services" means labor intensive services which, normally depend upon employees with skill levels that are compensated in the market below the level of the living age set forth in this Chapter. Such services are characterized by, but not limited to, the following service categories.

(1)

Automotive repairs and maintenance;

(2)

Food services;

(3)

Janitorial and custodial services;

(4)

Landscaping;

(5)

Laundry services;

(6)

Office and clerical services, courier services, and mail delivery;

(7)

Maintenance of real and personal property owned by the County;

(8)

Pest control;

(9)

Towing;

(10)

Street sweeping;

(11)

Hauling of waste or recyclable materials;

(12)

Security; or

(13)

Temporary services.

"Services" specifically does not include the provision of goods or products or a lease or concession agreement for property or operations in connection with such a contract, lease or concession agreement.

(Ord. No. 4464(Rev.), § 1, 6-24-2016)