The following definitions shall apply throughout this Chapter.
(1) Awarding authority means any person that awards or otherwise enters into contracts, including subcontracts, for any of the following services performed within the City of Philadelphia: (a) security; (b) janitorial services; (c) building maintenance; (d) food and beverage; (e) hotel service; (f) health care services; (g) services by parking employees, as defined at subsection 9-4701(6); or (h) services by covered airport service employees as defined at subsection 17-107(1)(t)(.1). 1134.2
(2) Contractor means any person that enters into a service contract with the awarding authority and any subcontractors to such service contract at any tier, who employs ten (10) or more persons.
(3) Customary seasonal work means work performed by an employee during only the same approximate part of each calendar year, such as summer or winter.
(4) Employee means any person employed to provide services pursuant to a service contract and includes registered nurses. "Employee" does not include a person who is (a) a managerial, supervisory, or confidential employee, including those employees who would so be defined under the Fair Labor Standards Act; or (b) is employed less than 15 hours a week. However, "Employee" does include persons who work 15 hours or more per week during customary seasonal work but do not work an annualized average of 15 hours or more per week.
(5) Person means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into other contracts.
(6) Service contract means a contract, lease, or concession agreement, including any subcontracts, let to a contractor by the awarding authority for the furnishing of subcontracts, for any of the following services performed within the City of Philadelphia: (a) security; (b) janitorial services; (c) building maintenance; (d) food and beverage; (e) hotel service; (f) non-professional health care services; (g) services by parking employees, as defined at subsection 9-4701(6); or (h) services by covered airport service employees, as defined at subsection 17-107(1)(t)(.1). 1134.3
(7) Successorship service contract means a service contract with the awarding authority where substantially the same services to be performed have previously been rendered to the awarding authority as part of the same program or at the same facility under another service contract that recently has been terminated or has ended within the previous 90 days, or have previously been rendered by the awarding authority's own employees.
(8) Terminated or ending contractor means a contractor whose service contract expires without renewal or whose contract is terminated and includes the awarding authority itself where work previously rendered by the awarding authority's own employees is the subject of a successorship service contract.
Notes
| 1134.1 | Amended, Bill No. 200559 (approved January 7, 2021). |
| 1134.2 | Amended, Bill No. 220526 (approved September 13, 2022). |
| 1134.3 | Amended, Bill No. 220526 (approved September 13, 2022). |