As used in this policy, the following capitalized terms shall have the following meanings. All definitions include both the singular and plural form. Definitions in this § 79-4 apply to all sections of this policy.
CITY
The City of Lockport.
CONSTRUCTION CONTRACTOR
A prime contractor or a subcontractor performing construction
work related to a City project or any other covered project. Lower-tier
subcontractors are included in this definition.
COVERED ENTITY
Any entity that enters into a contractual commitment to comply
with this policy.
DESIGNATED LOCAL PUBLICATION
The official newspaper of the City.
DEVELOPER
Any entity entering into a disposition and development agreement,
an owner participation agreement, a loan agreement, or a similar agreement
with the City.
FIRST SOURCE REFERRAL SYSTEM
The system designated by the City to provide job referrals
and perform related functions with regard to provisions of this policy
that concern hiring of employees.
POLICY
This First Source Hiring and Local Business Enterprise Policy,
in its entirety.
RESIDENT
A resident of Niagara County.
SMALL LOCAL BUSINESS
A business that (1) maintains its primary office at an established
commercial or residential address in the City (not including temporary
offices, movable offices, or post office boxes); (2) maintains a current
City business license tax certificate; (3) has been in existence for
at least six months; and (4) for the previous complete fiscal year
had gross revenues of less than $5,000,000 for construction contractors,
or less than $500,000 for businesses other than construction contractors
(revenue thresholds shall be annually adjusted for inflation). The
City shall maintain and keep current a list of qualifying small local
businesses. If a contract is awarded to a joint venture between a
construction contractor and a small local business, a percentage of
that contract equal to the small local business's percentage share
of potential profits may be considered as awarded to a small local
business, so long as (1) the small local business responsibility over
the project is no less than its percentage share of potential profits,
and (2) the joint venture is formalized according to standard industry
practices and to a degree permitting the City to evaluate the requirements
provision.
SUBSIDY
Direct or indirect assistance by the City to a developer
that materially benefits the developer, including, but not limited
to, grants or loans of funds administered by the City, tax abatements
or deferrals, infrastructure improvements made for the purpose of
facilitating or supporting a development project, land sale, or a
ground lease.
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