§ 50-2. Definitions.

The following definitions shall apply:

Agency means a department or office of the city that is responsible for formulating, soliciting, or reviewing proposals, bids, or for administering service contracts. For the purposes of this chapter, "agency" shall also mean any official, agent, or committee that is formed or designated by the city to consider, make decisions, or to make effective recommendations regarding the same. This definition shall in no event be deemed to include the Syracuse Industrial Development Agency, the Syracuse Economic Development Corporation, the Syracuse Housing Authority, or any agency not governed by the Charter of the City of Syracuse, as amended.

City means the City of Syracuse and its agencies, departments and offices, including the Syracuse City School District for the limited purpose of city awarded service contracts only.

Concession agreement means a negotiated contract by which the city or Syracuse City School District gives a contractor the right to operate a concession whose annual value to the city or Syracuse City School District in ongoing fees is at least twenty thousand dollars ($20,000.00), whether as a fixed amount or a percentage of revenues, for the right to operate a specified business under specified conditions.

Contractor means any person or entity that enters into a service contract or concession agreement with the city, or the Syracuse City School District for the limited purpose of city awarded service contracts only, except other city agencies.

Employer means a contractor or subcontractor that provides a service to the city under a service contract, or to the Syracuse City School District under a city awarded service contract in the amount of twenty thousand dollars ($20,000.00) or more. This definition shall not govern any service contract where the city retains a contractor pursuant to the terms of a service contract awarded by the federal government, the State of New York, the County of Onondaga, or any other municipal corporation as permitted under applicable federal, state or local law or under an intermunicipal agreement between the city and another municipal corporation as authorized by the General Municipal Law of the State of New York or contracts between city agencies.

Employee means any individual who is employed by a contractor or subcontractor under a service contract for the period such individual performs services under the contract; provided, however, that "employee" shall not include:

(i)

Any employee of the city or city school district including any member of a collective bargaining unit covered by a collective bargaining agreement with the City of Syracuse or the city school district;

(ii)

An individual engaged in construction work pursuant to federal or state prevailing wage laws;

(iii)

Any full-time student employed in seasonal work or a student participating in a government or school sponsored work-study program;

(iv)

An individual participating in a job readiness or job training program;

(v)

An apprentice for whom the employer has received a certificate to pay special minimum wages under section 14 of the Federal Fair Labor Standards Act 29 U.S.C. 214;

(vi)

Any individual designated as managerial, supervisory, or confidential by his or her employer as defined by the Federal Fair Labor Standards Act, 29 U.S.C. Section 214; or

(vii)

An employee of any Federal, State, or municipal corporation, agency, or public authority.

Full time employee means any individual who is employed thirty (30) or more hours during a week or other consecutive seven-day period. "Part time" employee means any individual who is employed less than thirty (30) hours during a week or other consecutive seven-day period. This shall include employees classified as temporary, casual, and/or seasonal employees.

Health benefits means health care benefits provided by an employer for its employees and their dependents at employer cost or through an employer contribution, provided that such cost or contribution shall be no less than sixty-four (64) percent of the cost of the employee's health insurance premium or expenses. Coverage shall include, at a minimum, comprehensive medical benefits.

Living wage means a wage equal to the rates established under paragraph (a) of section 50-3.

Person means any individual, proprietorship, partnership, joint venture, profit or non-profit corporation, limited liability company, trust, association, or other entity that employs individuals.

Service contract means a contract that involves an expenditure by or through the city or Syracuse City School District of at least twenty thousand dollars ($20,000.00) in a fiscal year awarded by the city to a contractor for the furnishing of services to or for the city or Syracuse City School District, excluding the purchase or leasing of goods or other property.

Subcontractor means any person or entity, other than a contractor or employee, which enters into a contract to supply services to a city contractor, or to a Syracuse City School District contractor under city awarded service contracts, and which performs services that are required under the service contract.

(Gen. Ord. No. 37-2012, 12-17-12)