(a) As used in this Article:
Awarding authority means any person that awards or enters into a service contract or subcontract with a contractor to be performed in the County. Awarding authority includes the County, but does not include a Federal, State, or municipal government, or a common ownership community, as defined in Section 10B-2(b).
Contractor means any person, including a subcontractor, which enters into a service contract to be performed in the County and employs more than 20 service employees in the entire company.
Director means the Executive Director of the Office of Human Rights and includes the Executive Director’s designee.
Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ persons or enter into a service contract.
Service contract means a contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, food preparation, or non-professional health care services in a facility located in the County which is used as a:
(1) private school;
(2) hospital, nursing care facility, or other health care provider;
(3) institution, such as a museum, convention center, arena, airport, or music hall;
(4) multi-family residential building or complex with more than 30 units; or
(5) commercial building or office building occupying more than 75,000 square feet.
Service contract also includes a contract awarded by the County for residential solid waste, recycling, or yard waste collection and disposal.
Service employee means an individual employed on a full or part-time basis by a contractor as a:
(1) building service employee, including a janitor, security officer, groundskeeper, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer;
(2) food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor;
(3) non-professional employee performing health care or related service; or
(4) a driver, helper, or mechanic performing services on a County contract for residential solid waste, recycling, or yard waste collection and disposal.
Service employee does not include:
(1) a managerial or confidential employee;
(2) an employee who works in an executive, administrative, or professional capacity;
(3) an employee who earns more than $30 per hour; or
(4) an employee who is regularly scheduled to work less than 10 hours per week.
Successor contractor means a contractor that:
(1) is awarded a service contract to provide, in whole or in part, services that are substantially similar to those provided at any time during the previous 90 days;
(2) has purchased or acquired control of a property located in the County where service employees were employed at any time during the previous 90 days; or
(3) terminates a service contract and hires service employees as its direct employees to perform services that are substantially similar, within 90 days after a service contract is terminated or cancelled.
(b) This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor. (2012 L.M.C., ch. 18, § 1; 2018 L.M.C., ch. 29, §1; 2019 L.M.C., ch. 23, §1.)