For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CONTRACT FOR PRIVATE SECTOR SERVICES.
(1) Any contract for both profit and non profits between the town and a private sector contractor for the following services:
(a) Automotive repair and maintenance;
(b) Equipment maintenance service;
(c) Facility and building maintenance;
(d) Furniture moving and installation/ maintenance services;
(e) Janitorial and custodial services;
(f) Landscaping services;
(g) Laundry services;
(h) Office and clerical services;
(i) Pest control services;
(j) Recreation services;
(k) Security services;
(l) Transportation and shuttle services;
(m) Towing services; and
(n) Tree trimming and removal.
(2) CONTRACT FOR PRIVATE SECTOR SERVICES. Does not refer to: contracts for commodities, goods, or supplies; contracts for public works; contracts for public projects subject to prevailing wage requirements; contracts for professional services including, but not limited to the services of architects, engineers, landscape architects, advisers, or consultants; nor leases.
(3) CONTRACTOR FOR PRIVATE SECTOR SERVICES. Any private sector contractor/employer who enters into a contract or contracts for private sector services with the town, with the cumulative compensation amount in one town fiscal year greater than $10,000.
COVERED EMPLOYEE.
(1) Any employee of a contractor for private sector services, or to any employee of a subcontractor who lives or works in the Town of Fairfax. In the foregoing context, COVERED EMPLOYEES are persons hired by contractors or subcontractors to work on a full-time, part-time, temporary, seasonal or regular basis for wages or salary.
(2) COVERED EMPLOYEE shall not include persons who are: in positions that are designated for “trainees” that are part of an employer’s bona fide time-limited training program, which training program enables the employee to advance into a permanent position; in positions of employment that require student status as a prerequisite to being employed in that position; volunteers; recipients of income support such as, but not limited to supplemental security income who would be ineligible for such benefits by virtue of receiving a living wage as described herein, who waive in writing their entitlement to a living wage; or workers in licensed, sheltered workshops or supported employment; recipients of public funds who have been placed in a work experience, on the job training position, summer employment position or wage-based community service position as defined by either the Town Code, Town Personnel Rules and Regulations or Fairfax Town Manager.
(3) COVERED EMPLOYEE shall not include those employees who are represented by a bargaining unit or labor union pursuant to rights conferred by state or federal law and for whom a collective bargaining labor agreement is in effect governing their terms and conditions of employment.
EMPLOYER.
(1) The Town of Fairfax and any person who is a recipient, contractor or subcontractor and who employs employees.
(2) EMPLOYER does not include other governmental agencies or quasi-governmental agencies, which have publicly elected boards or commissions.
PUBLIC SUBSIDIES RECIPIENT. Any person who receives financial assistance from the town, including direct grants, loans, waiver of town fees or other valuable consideration in an amount of more than $15,000 in any 12-month period. This amount shall be adjusted annually, effective June 30, to reflect increases during the preceding year (January through December) in the Consumer Price Index - Urban Wage Earners, as published by the U.S. Department of Labor, Bureau of Labor Statistics. Recipient does not include a private employer with less than ten employees who receives a tax abatement or subsidy.
SUBCONTRACTOR. Any subcontractor who enters into a subcontract with a contractor for private sector services.
TOWN. The Town of Fairfax, including all town departments and related town entities governed by the Town Council.
(Ord. 691, passed 8-6-2002)