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Section 2. Section 16-40 is added to Chapter 16 of the Santa Ana <br />Municipal Code to read in full as follows: <br />Sec. 16-40. General Application and Definitions <br />(a) Sections 16-40 through 16-42 shall apply to any corporation, <br />company, partnership, trust, estate, association, joint venture or other legal or <br />commercial entity operating within the City that employs workers to perform <br />Waste Disposal Services. <br />(b) "Change in Contract" shall mean any change by the City of any Waste <br />Services Provider with whom the City contracts to provide Waste Disposal Services. <br />(c) "Change in Control" shall mean any sale, assignment, transfer, <br />contribution or other disposition of all or substantially all of the assets or a controlling <br />interest (including by consolidation, merger, or reorganization) of the Incumbent <br />Operator, or any Person who controls such Incumbent Operator, in a Waste Services <br />Provider, to a New Operator. <br />(d) "City" shall mean the City of Santa Ana. <br />(e) "Incumbent Operator" shall mean the Person who owns, controls, and/or <br />operates a Waste Services Provider prior to a Change in Control or Change in Contract. <br />(f) "New Operator" shall mean the Person who owns, controls and/or <br />operates a Waste Services Provider following a Change in Control or Change in <br />Contract. <br />(g) "Person" shall mean an individual, corporation, partnership, limited <br />partnership, trust, estate, association, joint venture, agency, instrumentality, or any other <br />legal or commercial entity, whether domestic or foreign. <br />(h) "Qualified Displaced Worker" shall mean any person employed by an <br />Incumbent Operator or any subcontractor of a Incumbent Operator of a Waste Services <br />Provider who: <br />(i) is not an "exempt" employee under the Fair Labor Standards Act <br />(FLSA); and, <br />(ii) has been employed at the Establishment by the Incumbent <br />Operator or any subcontractor of the Incumbent Operator for at <br />least 30 calendar days prior to the execution of the Transfer <br />Document. <br />(i) "Transfer Document" shall mean the document effecting a Change in <br />Control or Change in Contract. <br />Ordinance No. NS-XXX <br />Page 2 of 6 <br />11 A-2