For purposes of this article, the following
definitions shall apply:
ALIEN
Any person who is not a citizen or national of the United
States.
AWARDING AGENCY
The Town Board or authorized department or entity or authorized
person of the Town that is responsible for solicitation of proposals
or bids and responsible for the award and administration of contracts
and agreements.
COMPENSATION
A.
Payment of monies or funds, including but not
limited to Community Development Block Grants, to a covered employer,
the owners thereof, or contractor or subcontractor by or through the
authority or approval of the Town of Brookhaven.
B.
Any contract, subcontract or agreement with
or by the Town of Brookhaven for the furnishing of services, goods,
equipment, supplies, materials or public works.
CONTRACTOR
A person who contracts to do work for another. This term
shall not include wholesalers.
COVERED EMPLOYEE
An individual employed on either a full-time, part-time,
temporary or seasonal basis by a covered employer to perform work
for the project or matter for which the recipient has received compensation.
COVERED EMPLOYER
A recipient of compensation, including any contractor or
subcontractor that receives compensation from the Town, that is not
exempt from this chapter and who has at least one covered employee
working within the Town, or at least one 50% or more owner living
within the Town. This term shall include the officers, board of directors,
members or partners of a covered employer.
PERSON
One or more of the following: agents, employees, representatives
and legal representatives, individuals, corporations, partnerships,
joint ventures, associations, labor organizations or firms.
PROTECTED INDIVIDUAL
An individual who: a) is a citizen or national of the United
States; or b) is an alien who is lawfully admitted for permanent residence,
is granted the status of an alien lawfully admitted for temporary
residence under Title 8 U.S.C. Section 1160(a), and any amendments
thereto, or Section 1255a(a)(1), and any amendments thereto, is admitted
as a refugee under Title 8 U.S.C. Section 1157, and any amendments
thereto, or is granted asylum under Title 8 U.S.C. Section 1158, and
any amendments thereto; but does not include: (i) an alien who fails
to apply for naturalization within six months of the date the alien
first becomes eligible (by virtue of period of lawful permanent residence)
to apply for naturalization or, if later, within six months after
the date of the enactment of Title 8 U.S.C. Section 1324b, and any
amendments thereto; and (ii) an alien who has applied on a timely
basis, but has not been naturalized as a citizen within two years
after the date of the application, unless the alien can establish
that the alien is actively pursuing naturalization.
RECIPIENT
Any person, entity, owner, employer, contractor and/or subcontractor
that receives compensation, as defined in this article, and any contractor
or subcontractor of a recipient producing or providing goods, materials,
supplies, public works, or services to a recipient in connection with
a Town contract or agreement.
SEASONAL
A period of time not to exceed 90 consecutive days at any
given time within a six-month period.
SUBCONTRACTOR
A person who takes portions of a contract from a covered
employer, a contractor or another subcontractor. This term shall include
independent contractors, but shall not include wholesalers.
WHOLESALER
A person who buys in comparatively large quantities, and
resells, usually in small quantities, to a middleman or retailer,
but not to the ultimate consumer.
Any covered employer, contractor or subcontractor or owners thereof, as the case may be, that establish that they have complied in good faith with the requirements of Title 8 U.S.C. Section 1324a, and any amendments thereto, with respect to the hiring of covered employees and with respect to the alien and nationality status of the covered employees, as the case may be, have established an affirmative defense that such covered employer, owners thereof, contractor or subcontractor, as the case may be, have not violated §
7A-4 of this article with respect to such covered employer, owner, contractor or subcontractor hiring an unauthorized alien.
The Commissioner of Finance, Director of Purchasing,
together with the Town Attorney, shall promulgate such rules and regulations,
as it deems necessary and appropriate, for the implementation and
enforcement of any provisions of this article.
If any clause, sentence, paragraph, subdivision,
section, or part of this article or the application thereof to any
person, individual, corporation, firm, partnership, entity, or circumstance
shall be adjudged by any court of competent jurisdiction to be invalid
or unconstitutional, such order or judgment shall not affect, impair,
or invalidate the remainder thereof, but shall be confined in its
operation to the clause, sentence, paragraph, subdivision, section,
or part of this article, or in its application to the person, individual,
corporation, firm, partnership, entity, or circumstance directly involved
in the controversy in which such order or judgment shall be rendered.