§ 2.88.050. Exclusions and exemptions from covered contracts.

(a)

The term covered contract shall exclude:

1.

Contracts for "public works" as defined under California Labor Code sections 1720 and 1720.2 and subject to the payment of prevailing wages under the California Labor Code.

2.

Any agreement in which the County serves only as a fiscal agent and the contract is a 100% pass-through of state, federal, or other non-County funds.

(b)

The contract awarding authority may exempt from the requirements of this chapter 2.88, an agreement that would otherwise be a covered contract, when it is in the best interest of the County to do so, including for the following reasons:

1.

Upon review and approval of an exemption request by the contractor or subcontractor. Exemption requests are to be submitted by the contractor or subcontractor to the contract awarding authority;

2.

A contract amendment or award of a contract is necessary to respond to an emergency;

3.

The contractor is a sole source;

4.

No contractors willing or able to comply with the living wage ordinance are capable of providing services that respond to the County's requirements;

5.

Compliance with the living wage ordinance would be inconsistent with the terms of a grant, subvention, or agreement with a public agency; or

6.

The County is purchasing services through a cooperative or joint purchasing agreement.

(c)

The requirements of this chapter shall not apply to any contract between the County and a nonprofit organization, and such contracts shall be deemed exempt from this chapter where:

1.

The contract is a single contract that is financed less than 50% by County funds (i.e., funds for the contract come from multiple sources and County funds make up less than 50% of those funds); or

2.

The contract between the County and the nonprofit organization is one or multiple contracts that fund a single program of the nonprofit organization, and the County contract comprises less than 50% of the total funding for that single program. The contract awarding authority shall have the discretion to determine whether activities funded by a contract between the County and the nonprofit organization constitute a single program and, if so, the scope of the program and the County's proportional share of funding for the program.

(Ord. No. 04764, § 1, 11-1-2016; Ord. No. 04774, § 1, 2-28-2017)