As used in this chapter, the following words, phrases, and terms shall be defined as set forth below:
(a) “Administrator” means the employee or employees in the OEO designated by the Director to act as an administrator of the Cleveland Area Business Program.
(b) “Bidder” means a Person offering to contract with the City in response to an invitation to bid, and for purposes of this Code, includes a proposer in response to a request for proposals or other similar solicitation.
(c) “Bid Discount” means the application of a percentage discount to the total amount of a bid submitted by a Bidder for a Contract solely for the purpose of bid comparisons when evaluating the lowest and best bid, or lowest responsible bid. The use of a Bid Discount for Bid Comparison does not alter the total amount of the bid submitted by a Bidder or the Contract executed based on a bid.
(d) “Business Enterprise” means a firm, sole proprietorship, partnership, association, corporation, company, or other business entity of any kind including, but not limited to, a limited liability corporation, incorporated professional association, joint venture, estate, or trust.
(e) “City” means the City of Cleveland, Ohio.
(f) “City of Cleveland Small Business” or “CCSB” means a CSB that has its principal office located physically within the municipal boundaries of the City.
(g) “Cleveland Area Business Code”, “Cleveland Area Business Program”, “Code” or “Chapter” means all of the provisions of this Chapter 187 of the Codified Ordinances of Cleveland, Ohio, 1976.
(h) “Cleveland Area Small Business” or “CSB” means a Business Enterprise certified under division (a) of Section 187.03.
(i) “Cleveland Contracting Market” or “Contracting Market” means the geographic market area consisting of Cuyahoga County, Ohio, or the geographic market area identified in a disparity study or otherwise as provided in Section 187.28.
(j) “Commercially Useful Function” means execution by a CSB, MBE, or FBE of a distinct element of the work in carrying out its responsibilities by actually performing, managing, and supervising the work involved by its personnel, materials, and assets. To determine whether a Business Enterprise is performing a Commercially Useful Function, the City will evaluate the amount of the Contractor’s work which is appropriate to be subcontracted and actually subcontracted, industry practices, and other relevant factors tending to demonstrate actual performance.
(k) “Construction” means the erection, rehabilitation, alteration, conversion, extension, demolition or repair of improvements to real property, including facilities providing utility service and includes the supervision, inspection, and other on-site functions incidental to construction.
(l) “Contract” means a binding agreement executed on or after the effective date of this Cleveland Area Business Code by which the City either grants a privilege or is committed to expend or does expend its funds or other resources, or confers a benefit having monetary value including, but not limited to, a grant, loan, interest in real or personal property, or tax incentive in any form for or in connection with any work, project, or public purpose including, but not limited to, a contract for the:
(1) Construction of any public improvement, including change orders or subsidiary agreements approved by the City during the performance of such Construction;
(2) Purchase of personal property;
(3) Purchase of any supplies, equipment or services;
(4) Lease by way of concession under Section 183.03;
(5) Lease of any personal property; or
“Contract” shall include a binding agreement, funded or benefitted by the City, between a party to a Contract and a third party, but shall exclude contracts with other public entities, except as provided in Section 187.09. For purposes of MBE and FBE utilization, “Contract” shall only include the specific types and categories of Contracts and Contractors identified in a disparity study or otherwise as the subject of past or present discrimination as provided in Section 187.28. “Contract” shall exclude loans and grants under fifty thousand dollars ($50,000.00) for storefront renovation. The exclusion of loans and grants under fifty thousand dollars ($50,000.00) for storefront renovation shall expire and have no further force and effect on March 1, 2012, unless changed by further legislation of this Council.
(m) “Contracting Department” includes any administrative department under charge of the Mayor or any office, board, or commission treated or construed as a department of City government for any purpose under the Charter or ordinances of the City for the benefit or program of which the City enters into a particular Contract.
(n) “Contractor” means a separate or distinguishable Business Enterprise employing one (1) or more persons and participating in the performance of a Contract, including but not limited to CSBs, MBEs and FBEs where applicable, and shall include a party in privity with a Contractor for implementation of a Contract.
(o) “Control” means the unencumbered ability to direct operations and management.
(p) “Director” means the Director of the Office of Equal Opportunity.
(q) “Disability” means any physical or mental impairment that substantially limits one (1) or more of an individual’s major life activities.
(r) “Discriminate” means to exclude an individual or group solely on the basis of race, religion, color, sex, sexual orientation, gender identity or expression, national origin, age, Disability, ethnic group or Vietnam-era or disabled-veteran status.
(s) “Discriminate on the basis of age” means to Discriminate as determined by appropriate Federal law against individuals over the age of forty (40).
(t) “Evaluation Credit” means a predetermined number of points in the evaluation of proposals submitted by a Bidder for a Contract to be added solely for the purpose of proposal comparison when evaluating competing proposals. The use of Evaluation Credits does not alter the amount of the proposal submitted by a Bidder or the Contract executed based on the proposal.
(u) “Female” includes only a United States citizen or lawful, permanent resident who is a member of the female gender.
(v) “Female Business Enterprise” or “FBE” means a Business Enterprise owned, operated, and controlled by one (1) or more Females who have fifty- one percent (51%) ownership. The one (1) or more Females must have operational and managerial Control, interest in capital, and earnings commensurate with the percentage of Female ownership. To qualify as a Female Business Enterprise, the Business Enterprise shall be located and doing business in the Cleveland Contracting Market.
(w) “Front Organization” means any FBE, MBE, or CSB that serves as a Contractor, or as a subcontractor to any Contractor under Contract, who obtained and/or retained certification through false statements or who committed to performance of a distinct element of the work under the Contract but did not carry out its responsibilities by actually performing, managing or supervising the work involved, or who did not provide products, services, goods or supplies in a manner, in the Director’s determination, consistent with its certification.
(x) “Gender identity or expression” means the gender-related identity, external presentation of gender identity through appearance, or mannerism or other gender-related characteristics of an individual, regardless of the individual’s designated sex at birth.
(y) “Joint venture” means an association of two (2) or more persons or businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge.
(z) “Minority Person” means a United States citizen or lawful, permanent resident who is a member of a racial or ethnic group, such as African American, Hispanic American, Asian American or Native American, against whom past or present discrimination has been demonstrated as provided in Section 187.28.
(aa) “Minority Business Enterprise” or “MBE” means a Business Enterprise owned, operated and controlled by one (1) or more Minority Persons who have at least fifty-one percent (51%) ownership. The Minority Person(s) must have operational and managerial Control, interest in capital, and earnings commensurate with the percentage of ownership. To qualify as a Minority Business Enterprise, the enterprise shall be located and doing business in the Cleveland Contracting Market.
(bb) “OEO” means the Office of Equal Opportunity of the City of Cleveland.
(cc) “Person” means and includes a natural person, a Business Enterprise or other entity, unless the context or usage requires otherwise.
(dd) “Public Improvement” means a project determined by the City Council to be a public improvement under Section 167 of the Cleveland City Charter.
(ee) “Regional Cleveland Area Small Business” or “RCSB” means a CSB that has its principal office located physically within the territorial boundaries of Cuyahoga County but outside the municipal boundaries of the City.
(ff) “Regulation” or “Regulations” means and includes the regulations implementing this Code and promulgated by the Director of Equal Opportunity under division (b)(6) of Section 123.08 of these Codified Ordinances.
(gg) “Sexual Orientation” means a person’s actual or perceived homosexuality, bisexuality, or heterosexuality, by orientation or practice.
(hh) “Small Business Enterprise” or “SBE” means a Business Enterprise that meets the established economic criteria for a SBE and is owned, operated and controlled by one (1) or more persons who meet the economic criteria for SBE ownership established by the Director in the Regulations.
(ii) “Supplier” means a Business Enterprise performing a Commercially Useful Function in the supply process when it:
(1) Assumes the actual and contractual responsibility for furnishing the supplies or materials;
(2) Is recognized as a distributor of the contracted supplies and materials by the industry involved;
(3) Owns or leases a warehouse, yard, building or other facilities for stocking inventory or otherwise conducts business in a manner which is usual and customary in the industry and market for the supplies or materials; and
(4) Distributes, delivers, and services products primarily with its own staff and/or equipment.
(Ord. No. 1710-11. Passed 12-5-11, eff. 12-9-11)