“City” means the City of Sebastopol and all City agencies.

“City-funded employers” means all persons or entities that receive from the City direct assistance in the form of grants, loans, or loan guarantees, in-kind services, waivers of City fees, real property or other valuable consideration in the amount of more than $100,000 in any 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 subcontractor shall be deemed to have received a new contract through the City when the person to whom it is subcontracting receives a new City contract, lease, franchise or financial aid.

“Credit for the amount spent providing medical health benefits to such employees” shall be defined as follows: (1) the actual hourly contribution made by the employer for medical health benefits; (2) if the employer is not making an hourly contribution in the amount spent during the preceding month by such employer on medical health benefits for such employee divided by the hours worked except that the City Manager shall have discretion for good cause shown to allow an employer to use an alternate method of determining its average hourly contribution; (3) if the amount contributed by the employer varies between employees (such as a greater contribution for family versus single coverage), then the employer at its option may set the amount of the credit at the average it contributes for all employees covered by this chapter receiving health benefits; (4) if the employer is self-insured and employees covered by this chapter are pooled with other workers, then if the employer finds it impractical to determine the amount spent on health benefits just for employees covered by this chapter, then the employer may approximate this calculation on the basis of the best data reasonably available and approved by the City Manager (for example, using the average spent by the employer for its entire workforce).

“Employee” means any individual employed by a City-funded employer, lessee, financial aid recipient or service contractor, including subcontracts therefrom, unless he or she spends less than 25 percent of his or her work time on work arising directly from the City’s financial contribution. No work may be reassigned in order to evade coverage under this chapter. For the purposes of determining whether an employer employs more than six employees for the purpose of this chapter, such number shall be determined by the most recent payroll period unless the employer had less than seven employees during the preceding eight payroll periods and will have less than seven during the next eight payroll periods.

“Employer” means those persons identified in SMC 2.72.040 except that no person other than the City shall be deemed an employer until they receive a new contract, lease concession or franchise, from or through the City. For these purposes the term “new” includes any arrangement entered into after the ordinance codified in this chapter was introduced, or any amendment, extension or renewal of a preexisting arrangement, or the City allowing continued occupancy by tenants with periodic tenancies (such as month-to-month tenants). A subcontractor shall be deemed to have received a new contract through the City when the person to whom it is subcontracting receives a new City contract, lease, franchise or financial aid.

“Nonprofit” shall mean a nonprofit organization described in Section 501c of the Internal Revenue Code of 1954 which is exempt from taxation under Section 501c of that code, or any nonprofit educational organization qualified under Section 233701d of the Revenue and Taxation Code.

“Part-time employee” means any employee whose regular hours of work are less than 40 hours per week.

“Person” means any individual, proprietorship, partnership, joint venture, corporation, limited liability company, trust, association, or other entity that may employ individuals or enter into contracts.

“Service contract” means a contract given a contractor 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. Service contracts include but are not limited to security guard services, janitorial services, waste management, landscaping, parking attendant services, towing and health care.

“Service contractor” means any person or entity that enters into a service contract as hereafter defined in an amount equal to or greater than $10,000.