As used in this chapter, the following words, phrases, and terms shall be defined as set forth below:
(a) “Bidder” means a Person offering or proposing to contract with the City respectively in response to an invitation to bid or to a request for proposals.
(b) “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 determining 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.
(c) “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.
(d) “City” means the City of Cleveland, Ohio.
(e) “Commercially Useful Function” means when a Local Producer or Local-Food Purchaser:
(1) Assumes the actual and contractual responsibility for furnishing the supplies or materials;
(2) Is recognized as a provider 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.
(f) “Commissioner” means the Commissioner of Purchases and Supplies or the Commissioner’s designee.
(g) “Contract” means a binding agreement executed on or after the effective date of this Local Producer, Local-Food Purchaser, and Sustainable Business Preference 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; or
(4) Lease of any personal property.
“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.
(h) “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.
(i) “Contractor” means a separate or distinguishable Business Enterprise employing one (1) or more persons and participating in the performance of a Contract and shall include a Person in privity of contract with a Contractor for implementation of a Contract.
(j) “Director” means the official authorized to enter into a Contract on behalf of a particular Contracting Department.
(k) “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.
(l) “Local Contracting Market” or “Contracting Market” means the geographic market area consisting of Cuyahoga County, Geauga County, Lake County, Lorain County, and Medina County, Ohio; provided, however, that with respect to growers or producers of food only, the geographic market area also shall include: Erie County, Huron County, Richland County, Ashland County, Wayne County, Holmes County, Stark County, Summit County, Portage County, and Tuscarawas County.
(m) “Local Food” means and includes food that is grown, extracted, produced, recycled or manufactured within the Local Contracting Market.
(n) “Local Producer, Local-Food Purchaser, and Sustainable Business Preference Code”, “Preference Code”, “Code” or “Chapter” means all of the provisions of this Chapter 187A of the Codified Ordinances of Cleveland, Ohio, 1976.
(o) “Local Producer” means a Person that:
(1) Has its principal office (headquarters) located physically in the Local Contracting Market and whose highest executive officers and highest level managers maintain their offices and perform their respective executive and managerial functions and duties in the Local Contracting Market; and
(2) A. Grows food or fabricates goods, whether or not finished, from organic or raw materials;
B. Processes goods, materials, food or other products so as to increase their commercial value by not less than fifty percent (50%);
C. Supplies goods by performing a Commercially Useful Function; or
D. Provides, by its qualified full-time employees, maintenance, repair, personal, or professional services.
(p) “Local-Food Purchaser” means a Business Enterprise that, in implementation of its City contract, purchases Local Food in an amount comprising not less than twenty percent (20%) of the Business Enterprise’s City Contract amount.
(q) “Local Sustainable Business” means a Business Enterprise that:
(1) Has its principal office (headquarters) located physically in the Local Contracting Market and whose highest executive officers and highest level managers maintain their offices and perform their respective executive and managerial functions and duties in the Local Contracting Market; and
(2) Has established sustainability goals for itself and is a member of or signatory to a nationally- recognized sustainability program, which goals and program have been determined acceptable by the City Chief of Sustainability or other officer designated by the Mayor.
(r) “OEO Director” means the Director of the Office of Equal Opportunity of the City.
(s) “Person” means and includes a natural person, a Business Enterprise or other entity, unless the context or usage requires otherwise.
(Ord. No. 1660-A-09. Passed 3-29-10, eff. 5-30-10)