§ 11-02 Definitions.
RCNY § 11-02
As used in these regulations, the listed terms are defined as follows: Agency head. "Agency head" means the commissioner, chair or director of any contracting agency. Building construction. "Building construction" means work, other than heavy construction, consisting of construction activities normally located in or on buildings including work directly supporting these activities and landscaping around these buildings. Certification documents. "Certification documents" means documents which must be filed by a business seeking certification as a locally based enterprise ("LBE") including but not limited to: sworn affidavits by an authorized official of the business; financial and management disclosure forms for the business; financial disclosure forms for any employees it claims are economically disadvantaged; economic development area profiles indicating where construction work was performed and the dollar amount of such work; verification of gross receipts by a certified public accountant or a licensed professional accountant; and signed release forms granting the City the right to request financial information from any government agency. Commissioner. "Commissioner" means the Commissioner of the New York City Department of Business Services. Compliance. "Compliance" means a contractor or subcontractor has acted in accordance with the requirements of Administrative Code, § 6-108.1 and these regulations. Construction business. "Construction business" means a firm that performs heavy or building construction work. Construction project. "Construction project" means any construction, reconstruction, rehabilitation, alteration, conversion, extension, improvement, repair or demolition of real property contracted by a contracting agency. Contract. "Contract" means any written agreement whereby the City is committed to expend or does expend funds in connection with any construction project, except the term "contract" shall not include: (1) contracts for financial or other assistance between the City and a government or governmental agency; (2) contracts, resolutions, indentures, declarations of trust, or the instruments authorizing or relating to the authorization, issuance, award, and sale of bonds, certificates of indebtedness, notes, or other fiscal obligations of the City; (3) contracts for architectural, engineering or drafting services; (4) emergency contracts; or (5) contracts funded by the state or federal government which are subject to small business or other requirements which differ and conflict with the requirements of Administrative Code, § 6-108.1 and these regulations. Contracting agency. "Contracting agency" means a city, county, borough, or other office, position, administration, department, division, bureau, board or commission, or a corporation, institution or agency of government, the expenses of which are paid in whole or in part from the city treasury. Contractor. "Contractor" means a person who is a party or a proposed party to a construction contract with a contracting agency. Department. "Department" means the Department of Business Services. Division. "Division" means the Division of Economic and Financial Opportunity. Economic development area. "Economic development area" means those areas of the City designated as eligible for participation in the Community Development Block Grant Program of the United States Department of Housing and Urban Development. See Appendices A and B for a listing of areas and maps of areas which meet this definition. Economically disadvantaged person. "Economically disadvantaged person" means a person who, at the time of hiring by a locally based enterprise if such hiring occurred not more than three tax years prior to the time of such business' application for certification or at the time of such application is a self-employed owner of such business, is: (1) a resident in a single person household who receives (i) wages not in excess of seventy percent of the lower-level "urban family budget" for the City as determined by the United States Department of Labor, Bureau of Labor Statistics (See Appendix C); or (ii) cash welfare payments under a federal, state or local welfare program; or (2) a member of a family which (i) has a family income less than seventy percent of the lower-level "urban family budget" for the City as determined by the United States Department of Labor, Bureau of Labor Statistics (See Appendix C), or (ii) receives cash welfare payments under a federal, state or local welfare program; or (3) a Vietnam era veteran as defined by applicable federal law who has been unable to obtain non-government subsidized employment since discharge from the armed services; or (4) a displaced homemaker who has not been in the labor force for five years but has during those years worked in the home providing unpaid services for family members and (i) was dependent on public assistance or the income of another family member but is no longer supported by that income, or (ii) is receiving public assistance for dependent children in the home which will soon be terminated. Gross receipts. "Gross receipts" means the total gross income received by an LBE from any source during the applicable period. Heavy construction. "Heavy construction" means work, on other than a building superstructure, consisting of construction activities located on or below the earth's surface including excavation, building foundation, construction projects requiring the use of earth moving machinery or equipment (power shovels, bulldozers, scrapers), and any work associated with bridges. Locally based enterprise or LBE. "Locally based enterprise" or "LBE" means a business which: (1) At the time of application for certification, has been in the building or heavy construction business and: (i) has received gross receipts in the last three or fewer tax years averaging $2 million or less on an annual basis; or (ii) has been in business for less than one tax year and has received gross receipts equal to or less than $2 million; and (2) in the tax year preceding the date of application has: (i) earned at least 25 percent of its gross receipts from work performed on construction projects located in economic development areas; or (ii) employed a work force of which at least 25 percent were economically disadvantaged persons. Minority business enterprise. "Minority business enterprise" or "MBE" means an enterprise approved pursuant to federal or state law for participation in contracts subject to a minority business enterprise requirement. Minority business enterprise requirement. "Minority business enterprise requirement" means any provision of federal or state law requiring public contractors to employ subcontractors owned by minorities, women or disadvantaged persons. Noncompliance. "Noncompliance" means a contractor or subcontractor has failed to act in accordance with Administrative Code, § 6-108.1 and these regulations. Person. "Person" means any natural person, corporation, partnership, sole proprietorship or unincorporated association. Subcontractor. "Subcontractor" means any person having an agreement or arrangement or proposed agreement or arrangement with a contractor (where the parties do not stand in the relationship of an employer and employee) in which any portion of the contractor's duty to perform work is undertaken or assumed by such person. Woman business enterprise. "Woman business enterprise" or "WBE" means an enterprise approved pursuant to federal or state law for participation in contracts subject to a woman business enterprise requirement. Woman business enterprise requirement. "Woman business enterprise requirement" means any provision of federal or state law requiring public contractors to hire subcontractors owned by women.
