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For the purpose of this ordinance the following definitions shall apply:

A. “Employee” means any person who is employed as an employee of a service contractor or a recipient, or who is a recipient subcontractor or independent contractor of a service contractor, or subcontractor on a service contract with the City, for all employment hours spent performing the duties required pursuant to the service contract, or by a recipient or a subcontractor of a recipient who spends 50% or more of the employee’s compensated time in a month working on the project or portion of business that received City financial assistance.

“Employee” does not include:

1. Employees outside the State of Oregon;

2. Employees who are hired as temporary or part-time employees and who are employed for a total of less than 1040 hours in any twelve month period;

3. Employees participating in bona fide training programs such as welfare-to-work (state), work study (educational institutions), certified apprentice programs or on-the-job training program of no more that 18 months;

4. Volunteers and quasi-volunteers (who may receive a stipend);

5. Employees who are under 18 years of age, employed by a non profit entity for after school or summer employment or as a trainee for a period of not longer than 120 days;

6. Employees who are standing by or on-call according to the criteria established by the Fair Labor Standards Act, 29, U.S.C. Section 201. This exemption shall only apply during the time when the employee is actually standing by or on-call; or

7. An employee subject to a bona fide collective bargaining agreement.

B. “Employer” means the City of Ashland including the Parks and Recreation Department and any person who is a recipient, contractor, or subcontractor and who employs employees.

“Employer” does not include other governmental agencies or quasi governmental agencies, which have publicly elected boards or commissions.

C. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust or organization.

D. “Recipient” means any person who receives financial assistance from the City, including direct grants, loans, waiver of city fees or other valuable consideration in an amount of more than $18,703 in any twelve 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.

“Financial assistance” does not include:

1. The purchase of goods or other property;

2. The lease or rental of goods or other property;

3. Payment to provide services for the occasional meeting, reception, or similar function;

4. Payments under contracts subject to prevailing wage requirements in ORS 279.348 to 279.380; or

5. City staff assistance, or an economic benefit as an incidental effect of city policies, regulations or ordinances.

E. “Safety net services” include:

1. Temporary, emergency food and shelter;

2. Substance abuse education, prevention and treatment;

3. The preservation of dignity and equal access to justice;

4. Primary and preventive health care services; or

5. Critical supportive services for families, seniors and victims.

F. “Service contractor” means any person who enters into a service contract with the City. A “service contract” means a contract to provide services for the operation of the City or to maintain City property.

A service contract does not mean:

1. The purchase of goods or other property;

2. The lease or rental of goods or other property;

3. Payment to provide services for the occasional meeting, reception, or similar function;

4. Those contracts subject to prevailing wage requirements in ORS 279.348 to 279.380; or

5. Contracts involving payment of less than $18,703. 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. Amendments to such contracts that increase the contract amount over $18,703 are also not included within the definition of a service contract unless such amendments are used to circumvent living wage requirements.

G. “Subcontractor” means any person that enters into a service contract with:

1. A service contractor to assist the service contractor in performing 50% or more of the service work on a project or portion that receives city funds;

2. A recipient to assist the recipient in performing 50% or more of the service work on a project or portion that receives city funds. (Ord. 2875, added, 09/04/2001)

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