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Whenever used in this chapter, the following terms shall have the meanings set forth below.

A. "City" means the City of Berkeley.

B. "Community Workforce Agreement" (CWA), Resolution No. 68,299-N.S., means an agreement in effect between a contractor and the City of Berkeley wherein capital improvement projects will be performed solely by union labor.

C. "Contractor" means the prime contractor for the Project.

D. "Labor Commissioner" means the Office of the Labor Commissioner within the State of California’s Department of Industrial Regulations.

E. "Permittee" means any property owner, property owner’s authorized agent, or licensed contractor who obtains a building permit for a Project.

F. "Project" means a newly constructed building of greater than 30,000 square feet that is not subject to local, state or federal prevailing wage requirements or does not have a valid Project Labor or Community Workforce Agreement.

G. "Project Labor Agreement" (PLA) means an agreement in effect between a contractor and the building and construction trades wherein construction work performed on a specific project will be performed solely by union labor.

H. "Qualifying Subcontractor" means a subcontractor of any tier whose portion of the work exceeds $100,000 or one percent (1%) of the value of the construction cost of the Project.

I. "Responsible Representative" means an officer (if a corporation), general partner (if a partnership or a limited partnership), managing member (if a limited liability company), or a Qualifying Person associated with a Contractor or Qualifying Subcontractor. "Qualifying Person" is defined in Section 7068 of the California Business and Professions Code. (Ord. 7668-NS § 1 (part), 2020)