For the purposes of this chapter, the following words, phrases and terms are defined as follows:
(a) “Applicable Department” means the City department administering Service Contracts or the City department to which a person or entity applies for Assistance.
(b) “Assistance” means any form of City financial assistance, except for financial assistance provided for the development, rehabilitation or other means of providing residential housing, that is awarded, renegotiated or renewed after the effective date of this Ordinance. Assistance covered by this chapter includes but is not limited to: grants; economic development loans; tax credits, incentives and abatements; subsidies; and bonds. For purposes of determining coverage under this chapter, financial assistance shall be valued to the extent the recipient of the assistance derives a monetary benefit from the City. For instance, loans shall be considered Assistance only to the extent they are forgiven or discounted below the available market rate over the life of the loan. Tax credits, incentives and abatements shall be considered Assistance to the extent of the tax reduction realized by the recipient. For purposes of this chapter, Assistance does not include financial assistance which is received from another government or other entity with the City acting only as a conduit or fiscal agent for the funds, where the City exercises no control over the identity of any recipient or of the terms of the contract. Community Development Block Grant Funds are not considered conduit funds under this section and, to the extent they otherwise qualify, are included as Assistance and are covered by this chapter.
(c) “City” means the City of Cleveland and all City divisions, departments, and offices.
(d) “Covered Employee” means:
(1) Any person employed by or working as a trainee, except as otherwise provided in subsection (4)B. below, for a “Covered Employer” who is a for- profit contractor or subcontractor on a City Service Contract;
(2) Any person employed by or working as a trainee for a “Covered Employer” who is a not-for- profit contractor or subcontractor on one (1) or more City Service Contracts if such person expends at least half of his or her time performing services pursuant to such Service Contract(s); or
(3) Any person employed by a Covered Employer who is a Recipient of Assistance from the City.
(4) The following are not “Covered Employees” for purposes of this chapter:
A. An individual who provides solely volunteer services that are uncompensated except for reimbursement of expenses such as meals, parking or transportation;
B. An individual in a job training program where job training and classroom instruction is being provided to clients in order to develop new specialized skills for employment and the individual would be considered a client of the program even though the individual receives compensation;
C. An individual, employed in public construction work that is subject to the provisions of state or federal law pertaining to wage rates for public works employment;
D. Employees covered by a collective bargaining agreement or the Railway Labor Act;
E. Employees of commercial retail establishments;
F. Persons not employed in the State of Ohio;
G. Persons under eighteen (18) years of age;
H. Employees of residential/single and multi-family housing projects;
I. Persons employed by a Covered Employer who, on average, work less than thirty (30) hours per week, other than seasonal employees employed by the City of Cleveland.
(e) “Covered Employer” means the following:
(1) Any person or entity that is a Recipient of Assistance from the City that has an aggregate value at least seventy-five thousand dollars ($75,000.00) that has not been granted an exemption from this chapter pursuant to Section 189.06 and is either:
A. A for-profit employer having at least twenty (20) employees at the time of execution of agreement with the City;
B. A not-for-profit employer having at least fifty (50) employees at the time of execution of agreement with the City and the salary ratio between the highest paid and lowest paid employees at such not-for-profit is more than five (5) to one (1).
As used in this division, “aggregate value” means the actual dollar benefit received from Assistance over the term of the Assistance.
(2) Any company or person that is a tenant or leaseholder of a Recipient of Assistance and that occupies property or uses equipment or property that is improved or developed as a result of Assistance; and is either:
A. A for-profit employer having at least twenty (20) employees at the time of execution of agreement with the City;
B. A not-for-profit employer having at least fifty (50) employees at the time of execution of agreement with the City and if the salary ratio between the highest paid and lowest paid employees at such not- for-profit is more than five (5) to one (1).
(3) A contractor or subcontractor of a Recipient of Assistance providing service in the project or matter for which the Recipient of Assistance has received Assistance.
(4) Any person or entity that has entered into one (1) or more Service Contracts, as defined in this section, with the City that have an aggregate value of at least twenty-five thousand dollars ($25,000.00), that has not been granted an exemption from this chapter pursuant to Section 189.06 and is either:
A. A for-profit employer having at least twenty (20) employees at the time of execution of agreement with the City;
B. A not-for-profit employer having at least fifty (50) employees at the time of execution of agreement with the City and if the salary ratio between the highest paid and lowest paid employees at such not- for-profit is more than five (5) to one (1).
Any Subcontractor of a covered Service Contractor performing services pursuant to the Service Contract.
(f) “Fair Employment Wage” has the meaning stated in Section 189.02 of this Ordinance.
(g) “Fair Employment Wage Board” “(FEWB)” has the meaning stated in Section 189.04 of this Ordinance.
(h) “Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association or other entity that may employ individuals or enter into contracts and all other entities recognized at law by the State of Ohio.
(i) “Recipient of Assistance” means:
(1) Any person or entity who enters into one (1) or more contracts with the City for Assistance, as defined in this section;
(2) Any person or entity that is a direct recipient of Assistance, as defined in this section;
(j) “Service Contract” means any contract or subcontract between a person, business or corporation and the City of Cleveland that primarily involves the furnishing of services to the City (as opposed to the purchase of goods or other property or the leasing of property), and shall be limited to the following categories of services: food service, janitorial, security services, parking lot attendants, home health care, health care aides, waste management, automotive repair services, landscaping, towing contracts, building and maintenance services, carpentry, clerical services, urban forestry, housekeeping, street maintenance and repair, and sidewalk maintenance and repair. This includes services performed on City-owned premises including the following City-owned locations: airports, parking lots, municipal parks, recreational facilities, and City-owned buildings. Contracts that are primarily for the purchase of goods or other property are not considered Service Contracts for purposes of this chapter.
(k) “Service Contractor” means a person who enters into a Service Contract with the City.
(l) “Subcontractor” means any person who enters into a contract with a Service Contractor that is a Covered Employer under subsection (e)(2) of this section to assist the Service Contractor in performing a City Service Contract.
(Ord. No. 2009-A-99. Passed 6-19-00, eff. 7-29-00 without the signature of the Mayor)