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Form 5305-SA online Costa Mesa California: What You Should Know

DEFINITIONS: The following definitions shall apply to the definitions contained in this contract: A. “Employee” shall mean any individual employed or contracted for, at any time during the period referred to in this  contract, by the contracting department or any successor agencies. The term shall also include any subcontractor, as defined in paragraph 1 or 2 of  subsection 5.11. A subcontractor shall be considered an employee within the meaning of this contract if: 1. The subcontractor: (a) is a legal entity; (b) is authorized to be an employee under this contract and is working under instructions from the party under whose  direction the subcontractor is working on the contract unless otherwise provided by contract or regulation; or (c) is a partnership within the meaning of this sub- section 5.11; 2. The subcontractor is working under a contract that does not provide for either an annual or  extended period of eligibility for retirement, pension or other comparable employee benefits; or 3. If a contract is an annual contract, the subcontractor has not met the requirements to be  a member of the General Services Administration and the contracting agency has entered into a written contract with them  for similar work or which would permit such a contract to be entered into with them. Any subcontractor  working under these criteria shall be considered an employee until a final determination is made whether They  shall qualify for a favorable determination of status as an exempt organization under Title 11 of the California  Government Code.  B. “Contract” as used in the “Business Income and Expenses — Contractor” section of this contract shall mean both contract and subcontract. C.

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