§ 70-802. Definitions.

For purposes of this article, the following definitions shall apply:

(1)

"City" means the City of New Orleans, its departments, offices, agencies, subdivisions, boards, commissions, enterprise funds, or officials thereof.

(2)

"City contract" means any agreement between the city and any other person to provide services to the city or its residents. City contract includes any grant, including but not limited to Community Development Block Grant (CDBG) funds, awarded to a person in order for it to provide specific services to the city or its residents. City contract does not include (i) a contract between the city and another governmental entity or public utility, (ii) a contract subject to federal or state laws or regulations that would preclude the application of the living wage otherwise applicable pursuant to this article, or (iii) a contract principally involving the procurement of products, equipment, or goods.

(3)

"Contractor" means any a person that has entered into a city contract.

(4)

"Subcontract" means any contractual relationship under which a person undertakes to perform any portion of the services required by a city contract or city financial assistance agreement. "Subcontract" does not include (i) a contract of insurance required by a city contract, (ii) a guaranty required by a city contract, (iii) a contract subject to federal or state laws or regulations that would preclude the application of the living wage otherwise applicable pursuant to this article, or (iv) contracts principally involving the procurement of products, equipment, or goods in connection with the used to perform the city contract.

(5)

"Subcontractor" means any person that has entered into a subcontract.

(6)

"Covered employer" means any entity fitting the definitions set forth in section 70-804.

(7)

"Employee" means any person who performs at least 40 hours of work within a calendar year while physically present within the geographic boundaries of the City of New Orleans for an employer, pursuant to the fulfillment of an applicable city contract or city financial assistance agreement.

(8)

"Covered employee" means any individual fitting the definitions set forth in section 70-805.

(9)

"Designated department" means the chief administrative office, which is responsible for the overall implementation and enforcement of this article.

(10)

"City financial assistance" means direct financial assistance provided by the city to any person for the purpose of promoting economic development, job retention, or job growth. Direct financial assistance includes, but is not limited to, grants (excluding those grants that qualify as city contracts), bond financing, debt forgiveness, waivers of city-imposed fees, abatements or refunds of any taxes due to the city, payment in lieu of taxes (PILOT, and tax-increment financing provided exclusively by the city. A loan shall be regarded as direct financial assistance to the extent of any differential between the amount of the loan and the present value of the payments thereunder, discounted over the life of the loan by the applicable federal rate as used in 26 U.S.C. § 1274(d), 7872(f). A lease, sale or other below-market transfer of city property shall be regarded as direct financial assistance to the extent of the differential between the value of the transaction and the fair market value. Direct financial assistance includes payment in lieu of taxes (PILOT) and other financial assistance provided by the city to any person through the Industrial Development Board of the City of New Orleans, Inc., or any similar entity created by a public body, for the purpose of promoting economic development, job retention, or job growth within the City of New Orleans. Broadly applicable tax reductions and other benefits shall not qualify as city financial assistance. City staff assistance shall not by itself be considered city financial assistance. The opportunity to enter into a contract with the city shall not by itself be considered city financial assistance.

(11)

"City financial assistance agreement" means any contract or agreement to provide or extend city financial assistance, or otherwise involving the award of city financial assistance.

(12)

"Beneficiary" means any person that is a recipient of city financial assistance, as defined above.

(13)

"Living wage" means a wage equal to the levels established in section 70-806.

(14)

"Person" means any individual, partnership, corporation, limited liability company, sole proprietorship, association, joint adventure, estate, trust, and any other entity, group or combination acting as a unit, and the individuals constituting such group or unit.

(15)

"Health benefits" means an employer's monetary contribution toward the cost of health and medical care insurance for covered employees and their dependents. Health benefits may include the following types of insurance: medical health including mental health, dental, and vision care.

(M.C.S., Ord. No. 26521, § 1, 8-6-15; M.C.S., Ord. No. 26905, § 1, 5-5-16; M.C.S., Ord. No. 27881, § 1, 10-4-18)