§ 37.002 DEFINITIONS.
   For the purposes of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   ACTUAL RESIDENTS OF THE CITY. Persons domiciled within the city. The domicile is an individual’s one and only true, fixed and permanent home and principal establishment.
   AWARD CRITERIA WORKSHEET. The worksheet that contractors must submit with every bid solicitation and/or contract, indicating the projected workforce to be used on the construction site. The AWARD CRITERIA WORKSHEET should realistically delineate commitments in the area of minority and female workforce hours. It shall also state the minimum requirements that are to be imposed on each contract. Failure to complete the formula may be cause for rejection of the bidder’s proposal, regardless of applicability of this chapter. Said WORKSHEET shall be provided by the city.
   AWARDING AGENCY. The Board, Department District, utility, or political subdivision of the city which awards any qualified or non-qualified construction project.
   CERTIFIED PAYROLL. Federal Form WH-347, defined in the C.F.R. at 29 C.F.R. § 5. This is the form which Contractors must use WH-347 to certify their payrolls to the U.S. Department of Labor. Labor classifications, definitions and exemptions contained in 29 C.F.R. § 5 shall apply to this chapter, unless otherwise explicitly provided. If the form designated by 29 C.F.R. § 5 to certify payrolls changes, or WH-347 is changed by the United States Department of Labor, then the city may designate that new Federal Certified Payroll form be used.
   CITY CONSTRUCTION AGREEMENT. Any written contract between a contractor and the city for the construction, rehabilitation, alteration, demolition, conversion, extension or repair of buildings, sidewalks, grounds, parking lots, or other improvements to real property.
   CITY. The City of East Chicago and all of its agencies, districts, and departments and utilities.
   COMPLIANCE OFFICER. The person, persons, department or agency designated by the city to monitor compliance with this chapter and advise and assist the city regarding enforcement of these sections.
   CONSTRUCTION PROJECTS VALUED AT ONE HUNDRED THOUSAND DOLLARS OR GREATER. Any city public works project for which the estimated cost is equal to or greater than an amount as set by the city from time to time.
   CONSTRUCTION SITE. The primary geographic location of construction activity for a construction project.
   CONTRACTOR. A person, association, partnership, corporation, limited liability company or other legal entity that proposes to undertake a construction project and includes every subcontractor hired or engaged by the CONTRACTOR under such contract.
   INDIANA PLAN. Contractors awarded contracts in the city are required to sign up with the Indiana Plan at the website www.indianaplan.org. If the state replaces or renames the Indiana Plan or changes its website, Contractors are required to sign up with the successor agency or organization.
   MINORITY. A member of a minority group as specified in I.C. 4-13-16.5-1. The term OTHER, as referred to in the statute, shall be used to include qualified individuals with disabilities who meet legitimate skill, experience, education, or other requirements of employment positions held or sought and who perform the essential function with or without reasonable accommodation and other groups of other individuals found by the city to be socially and economically disadvantaged or to have suffered actual racial or ethnic discrimination and decreased opportunities to compete in the city area market.
   NON-TRADE EMPLOYEES. Include owners, managers, secretaries, supervisors and other employees that do not satisfy the workforce requirements as set forth and defined in 29 C.F.R. § 5, et seq. NON-TRADE EMPLOYEES do not count toward the Equal Employment Opportunity requirements.
   PETITION FOR EXEMPTION. The petition that the awarding agency or contractor must file with the Common Council, at the earliest the need becomes apparent, if it believes an exemption from this chapter is warranted in keeping with § 39.30. The petition shall cite whether the request is based on the specialized needs of the construction project or based on the source of funding. If the awarding agency claims that the exemption is based on the source of funding, the petition shall be accompanied by a statement from the granting unit that the funding expressly or impliedly prohibits application of this chapter.
   PROOF OF COMPLIANCE. Documentation, including names and addresses of all employees demonstrating that the requirements of this chapter have been met. Proof of minority and gender status must be secured on the certified payroll, defining the employee’s Social Security number, address, trade classification, race, ethnicity, disability, and gender. Where codes or abbreviations are utilized to demonstrate these factors, a corresponding key must come with each submission.
   PROOF OF MINORITY OR GENDER STATUS. Must be secured on the certified payroll, defining the employee’s social security number, address, trade classification, race, ethnicity, disability, and gender. Where codes or abbreviations are utilized to demonstrate these factors, a corresponding key must come with each submission.
   SPECIALIZED CONSTRUCTION PROJECT or EXEMPT CONSTRUCTION PROJECT. Any public works project within the city that, in whole or in part, requires a skill set beyond that of the average construction contract or requires specialty licensing, rendering the contract one that is exempt from the requirements set forth in this chapter. The determination of whether a project is exempt, in whole or in part, is to be determined by the City Council. An EXEMPT CONSTRUCTION PROJECT could also mean a project funded by federal, state money, or funds from a private company or foundation where the grant or outside funding agency expressly or impliedly prohibits the use of this chapter.
   WORKFORCE EMPLOYMENT CONNECTION. A program designed to connect potential workers to employment opportunities in the city. Contractors awarded contracts in the city are required to register on the website https://eastchicago.com/Jobs.
(Prior Code, § 39.02) (Ord. 0-04-0005, passed 2-20-2004; Ord. 0-05-0020, passed 6-13-2005; Ord. 15-0030, passed 12-28-2015)