A. "Contract" shall mean and include an agreement to provide labor, materials, supplies, equipment or services in the performance of a contract, franchise, concession or lease granted, let or awarded for and on behalf of the City of Berkeley, and as used herein shall include subcontracts.

B. "Contractor" means any person or persons, firm, partnership, corporation, or combination thereof which enters into a contract with the City of Berkeley for construction or improvements to be performed, or for a franchise, concession or lease of property, or for goods, services or supplies to be purchased, at the expense of the City of Berkeley, or to be paid out of moneys deposited in the treasury, or out of trust moneys under the control or collected by the City of Berkeley.

C. A "Bid for supplies" means a bid by any person, or persons, firm, partnership, corporation or any combination thereof, for supplying of goods, materials, services, equipment or furnishings.

D. A "Bid/Proposal for services" means a proposal by any person, or persons, firm, partnership, corporation or any combination thereof, for personal services.

E. "Sex" shall be defined as it is in the Fair Employment and Housing Act, Government Code Section 12900 et seq.

F. "Sexual orientation" shall be defined as it is in BMC Chapter 13.76.

G. "AIDS" and a person who has AIDS or associated conditions" shall be defined as it is in BMC Chapter 13.30.

H. "Disability" shall be defined as "physical handicap" as defined as it is in the Fair Employment and Housing Act, Government Code Section 12900 et seq.

I. "Protected categories" as used herein shall refer to race, color, religion, ancestry, national origin, age (over forty), sex, marital status, disabled, sexual orientation or AIDS.

J. "First source employment program" means an employment program operated by the City of Berkeley, which is to be utilized as contractors’ "first source" for recruiting applicants for both new and replacement employment.

K. "Workforce analysis" as used herein is the percentage of each minority group or female workers in the relevant geographical recruitment area analyzed by EEO category or job title.

L. "City of Berkeley" includes its employees, agents and assignees. (Ord. 5876-NS § 2, 1988)