§ 7A-2. Definitions.

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.