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<section number="13A-119" name="Definitions" law="code" slug="sec-13a-119" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_13ALACO_DIV4DISEEMPRAC_S13A-119DE">
  <level label="a">
    <text>As used in this Division:</text>
    <level label="1">
      <text>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 does not include the United States, any State or any political subdivision thereof.</text>
    </level>
    <level label="2">
      <text>Contractor means any person, including a subcontractor, who enters into a service contract to be performed in the County and employs more than 20 employees in the entire company.</text>
    </level>
    <level label="3">
      <text>Displaced service employee means an individual employed on a full or part-time basis, having concluded their probationary period, if applicable, from employment when a service contract changes awarding authorities or successor entities and performing duties related to a service contract as a:</text>
      <level label="A">
        <text>building service employee, including a janitor, security officer, groundskeeper, concierge, door staff, maintenance technician, handyman, superintendent, elevator operator, window cleaner, or building engineer; or people with credentials and/or license to perform a specific job.</text>
      </level>
      <level label="B">
        <text>food service worker, including a cafeteria attendant, line attendant, cook, butcher, baker, server, cashier, catering worker, dining attendant, dishwasher, or merchandise vendor.</text>
      </level>
      <level label="C">
        <text>non-professional employee performing health care or related service.</text>
      </level>
      <level label="D">
        <text>Displaced service employee does not include:</text>
        <level label="i">
          <text>a managerial or confidential employee;</text>
        </level>
        <level label="ii">
          <text>an employee who works in an executive, administrative, or professional capacity;</text>
        </level>
        <level label="iii">
          <text>an employee who earns more than $25 per hour;</text>
        </level>
        <level label="iv">
          <text>an employee who is regularly scheduled to work less than 10 hours per week.</text>
        </level>
        <level label="v">
          <text>an employee that has specifically subject matter expertise that requires certification or specialized training that is a master at their trade such as including, but not limited to, an electrician, plumber or carpenter.</text>
        </level>
      </level>
    </level>
    <level label="4">
      <text>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.</text>
    </level>
    <level label="5">
      <text>Service contract means a service contract between an awarding authority and a contractor to provide security, janitorial, building maintenance, or food preparation in a facility located in the County which is used as a:</text>
      <level label="A">
        <text>private elementary or secondary school, or public or private college or university;</text>
      </level>
      <level label="B">
        <text>multi-family residential building or complex with more than 30 units;</text>
      </level>
      <level label="C">
        <text>commercial building or office building occupying more than 75,000 square feet.</text>
      </level>
      <level label="D">
        <text>industrial facility, such as a pharmaceutical laboratory, research and development facility, or product fabrication; or</text>
      </level>
      <level label="E">
        <text>distribution center.</text>
      </level>
    </level>
    <level label="6">
      <text>Successor entity means an entity that:</text>
      <level label="A">
        <text>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;</text>
      </level>
      <level label="B">
        <text>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</text>
      </level>
      <level label="C">
        <text>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.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>This Article does not limit the ability of an awarding authority to terminate a service contract or replace a contractor with another contractor.</text>
  </level>
</section>
