§ 5-276. Definitions.

The intent of this section is to provide definitions for certain terms, words and/or series of words which are to be utilized in the interpretation of this article whether or not the definition stated herein is contrary to common usage or contrary as quoted in a dictionary, except as may be otherwise defined. All words in the plural number include the singular number. All words used in the present tense include the future tense. The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. The word "shall" is mandatory and directory. The word "may" is permissive. The word "used" includes "designed, intended, proposed, existing, or arranged to be used."

(1)

Newburyport resident shall mean any persons for whom the principal place of residence is within the City of Newburyport for at least six (6) months immediately prior to the award, contracting and or permitting of a public construction project. Proof of such residence shall be a valid Massachusetts drivers license indicating a Newburyport residence.

(2)

Public construction shall mean any and all building projects as defined by M.G.L.A. c. 149, § 44 of the Massachusetts General Laws and any amendment thereto, which requires bidding under such chapter, takes place within the City of Newburyport for which the total contract price is in excess of one hundred thousand dollars ($100,000.00), and which is publicly funded in whole or in part by city and/or by grant funds administered by the city, which in accordance with a federal, state or other grant, the city expends or administers, and/or a contract to which the city is a signatory.

(3)

Contractor shall mean all persons, corporations, agencies, firms, businesses, developers, subcontractors, for projects defined herein as "public construction."

(4)

Bidding authority shall mean the city department and or agency assigned or directly responsible for the bidding and or project management of public construction.

(5)

Newburyport residents employment certification form shall mean the form which must be submitted by the contractor with any and all bids for public construction. Such form may be from time to time amended by the mayor to suit the purpose and intent of this article.

(6)

Newburyport resident employee reporting form shall mean the form submitted by the contractor within twenty-one (21) days of acceptance of the contractor as lowest bidder. Such list shall contain Newburyport residents that have been contacted and confirmed to be employed by the contractor. Such form may be from time to time amended by the mayor to suit the purpose and intent of this article.

(7)

Mayor decision on compliance with Chapter 5, Article IX of Newburyport Code of Ordinances shall mean the form used by the mayor to render decisions on submittals of the Newburyport resident employee reporting form submitted by the bidding authority. Such form may be from time to time amended by the mayor to suit the purpose and intent of this article.

(8)

DLI list shall mean the most recent Commonwealth of Massachusetts Department of Labor and Industries List for minimum wage rates under the prevailing wage laws as determined by M.G.L.A. c. 149, §§ 26—27D.

(9)

Mayor shall mean the mayor of the City of Newburyport and/or his designee.

(Ord. of 5-11-92)