§ 2-148. Definitions  


Latest version.
  • For purposes of this division, the following definitions shall apply:

    Construction means the actual process of building, altering, improving, demolishing, or major repairing or renovating of any county road or county building. "Construction" does not include routine road maintenance or routine building maintenance.

    Construction contract means a deliberate verbal or written agreement between two (2) or more competent parties to perform or not perform a specific act or acts or any type of agreement, regardless of what it is called, for the procurement of construction that is solicited and purchased by the county, that has a total contract value exceeding one hundred thousand dollars ($100,000.00), and that is not subject to the Davis-Bacon Act or any related act or acts, as amended, that require the payment of Davis-Bacon Act wage rates.

    Construction department means the county department that solicits and procures construction-related services from a non-county employer pursuant to a construction contract.

    Construction-related services means any service, other than a professional service as defined by the county purchasing ordinance, consisting of work or labor performed directly upon the site of work and directly related to construction.

    County means the Board of County Commissioners of the county or any of its authorized representatives pursuant to ordinance, resolution, or administrative code.

    County building means any county-owned structure or building that encloses space used for sheltering any occupancy, as determined by the director of the purchasing department.

    County employee means any person employed by the county as a regular full-time or regular part-time employee, who is under the county pay plan and drawing a salary or wages from the county.

    County road means any street, road, highway, or other way dedicated to public use and open to travel by the public generally, that is listed in the county road maintenance inventory as compiled and updated by the right-of-way acquisition section of the county engineering department.

    Covered services are any services that are subject to the requirements of this division. "Covered services" means:

    (1) Construction-related services performed by non-county employees.

    (2) Paratransit transportation services performed by non-county employees.

    (3) Any services performed by county employees within the scope of their county employment.

    General contractor means any non-county employer that enters into a construction contract directly with the county.

    Living wage means, as of October 1, 2013, a minimum wage of eleven dollars and sixty-four cents ($11.64) per hour. The living wage shall be adjusted annually as provided for in this division.

    Non-county employee means all persons employed by a non-county employer, either full-time or part-time, in the performance of a paratransit contract or to provide construction-related services to the county.

    Non-county employer means any for-profit individual, business entity, corporation, partnership, limited liability company, joint venture, or similar business, that:

    (1) Provides paratransit transportation services or construction-related services directly for the benefit of the county pursuant to a contract or subcontract entered into through a competitive bid process, informal bids, requests for proposals, some form of solicitation, negotiation, or agreement, or any other decision to enter into a contract; and

    (2) Is paid directly or indirectly, in whole or in part, from the county's general fund or one (1) or more of the county's capital project funds, special revenue funds, or any other funds.

    Paratransit contract means a deliberate verbal or written agreement between two (2) or more competent parties to perform or not perform a specific act or acts or any type of agreement, regardless of what it is called, for the provision of paratransit transportation services that is solicited and purchased by the county, that has a total contract value exceeding one hundred thousand dollars ($100,000.00), and that is not subject to any Federal law that requires the payment of federally established wage rates.

    Paratransit transportation services means shared ride, door-to-door transportation services provided to individuals with disabilities who are unable, as the result of their disability, to access the county's fixed route public transit system and who are qualified to receive paratransit services under the county's American with Disabilities Act (ADA) Program. The term also includes, for the purposes of the county's provision of paratransit services, shared ride, door to door transportation services provided to eligible individuals under the county's Division of Senior Services (DOSS) Program and shared ride, door to door transportation services provided by the county, as the designated community transportation coordinator, to individuals eligible for services under the Transportation Disadvantaged Program.

    Prime contractor means the legal entity, be it a general contractor or contractor providing paratransit transportation services, which enters into a direct contract with the county for paratransit transportation services or construction-related services.

    Purchasing department means the Palm Beach County Purchasing Department.

    Routine building maintenance means minor tasks and associated repairs to county buildings necessary to maintain safe and efficient structures. "Routine building maintenance" includes but is not limited to: custodial services; cleaning and minor repairs of any interior or exterior component; and other similar activities as determined by the director of the purchasing department.

    Routine road maintenance means minor tasks and associated repairs to county roads necessary to maintain a safe and efficient transportation system. "Routine road maintenance" includes but is not limited to: pavement patching; shoulder repair; cleaning and repair of drainage ditches, traffic signs and traffic signals; mowing; pavement striping; litter cleanup; and other similar activities as determined by the director of the purchasing department.

    Subcontractor means any non-county employer that enters into a paratransit contract or construction contract with an entity other than the county.

(Ord. No. 03-004, § 2, 2-25-03; Ord. No. 04-002, pt. 1, 1-13-04; Ord. No. 2014-018, § 1, 5-20-14)