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The following words and phrases whenever used in this Chapter shall be construed as defined in this Section:
(1) City. The City of Philadelphia and all City agencies.
(2) City financial aid recipients. All persons or entities that receive from the City direct assistance in the form of grants, loans, or loan guarantees, tax incentives, in-kind services, waivers of City fees, or real property in the amount of more than one hundred thousand dollars ($100,000) in any twelve (12) month period. This term shall not include those who enjoy an economic benefit as an incidental effect of City policies, regulations, ordinances, or charter provisions. A person or entity who (a) leases property or equipment from a City financial aid recipient; (b) employs more than twenty-five (25) employees; (c) in the case of a not-for-profit entity, leases the property or equipment for consideration in excess of one hundred thousand dollars ($100,000) a year; and (d) in the case of a for-profit entity, has annual gross receipts in excess of one million dollars ($1,000,000) a year, shall also be considered a "City financial aid recipient" for the purposes of this Chapter if such property or equipment was acquired (in whole or in part) with the City's assistance or was otherwise the subject of the City's assistance and the person or entity receives an intended material benefit from the financial assistance, and such person or entity shall be subject to the provisions of this Chapter for the same compliance period as the City financial aid recipient from which they are leasing the property or equipment. 121
(3) Service Contractor. Any person or entity that enters into a Service Contract as hereinafter defined.
(4) Employee. 122 Any person who performs work for a covered Employer arising directly out of a Service Contract, City financial aid, the grant of a City lease, concession or franchise, or a funding agreement with a public agency, on a full-time, part-time, temporary, or seasonal basis, including employees, temporary workers, contracted workers, contingent workers, and persons made available to work through the services of a temporary services, staffing or employment agency or similar entity. However, Employee shall not mean any person:
(a) Employed on a construction project that is covered by federal, state or local prevailing wage requirements;
(b) Employed during summer months in a program to create summer jobs for students or teenagers;
(c) Engaged in a bona fide training program, not to exceed 60 days in duration, under which the person will advance into permanent employment; or
(d) Engaged or participating in a bona fide student internship program.
(5) Employer. Those persons with more than five (5) employees, except that no person shall be deemed an Employer until they receive a new contract, lease, concession, franchise, or financial aid from the City. For these purposes the term "new" includes any arrangement entered into after this Chapter becomes effective, or any amendment, extension or renewal of a preexisting arrangement.
(6) Non-profit. A non-profit organization described in Section 501(c) of the Internal Revenue Code of 1954, as amended, which is exempt from taxation under Section 501(c) of that Code.
(7) Office of Labor Standards. Such office as shall be designated by the Mayor to administer the provisions of this Chapter.
(8) Person. Any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.
(9) Service contract. A contract given to an employer by the City for the furnishing of services to or for the City, except contracts where services are incidental to the delivery of products, equipment or commodities. A subcontract shall be considered a "Service Contract" if it assists in performance of a Service Contract or accepts or transfers any right or responsibility set forth in a Service Contract as defined in this Chapter.
Amended, Bill No. 100756 (approved January 5, 2011), effective July 1, 2011.
Subsection renumbered by Code editor.