168.01 Purpose.
168.02 Definitions.
168.03 Contents of program.
168.04 General policy.
168.05 Administration by Mayor; implementation by office of equal opportunity.
168.06 Certification program.
168.07 Application for certification.
168.08 Renewal of certification.
168.09 Educational and technical assistance program.
168.10 Complaints.
168.11 Subcontracts and waiver requirements.
168.12 Community Relations Board.
168.13 Notification for bid advertisement.
168.14 Notice of requirements to ensure MBE opportunity.
168.15 Requirements and terms of notice.
168.16 Reviews by Office of Equal Opportunity.
168.17 Joint venture program.
168.18 Review and evaluation program.
168.19 Denial of certification.
168.20 Compliance review.
168.21 Revocation of certification.
168.22 Denial of recertification.
168.23 Hearing procedures.
CROSS REFERENCES
Development loan program - see Ohio R.C. 122.71 to 122.85
Minority Business Development Division - see Ohio R.C. 122.92 to 122.94
Contracts set aside for minority businesses - see Ohio R.C. 123.151
Discrimination by contractors - see ADM. 113.03
Affirmative action - see ADM. Ch. 167
Interfering with civil rights - see GEN. OFF. 525.13
The purpose of the Minority Business Enterprise Program is to promote the economic welfare of the people of the City by encouraging the establishment and expansion of minority business enterprises, to stabilize the economy, to provide and preserve employment opportunities and to ensure the representative participation of minority business enterprises.
(Ord. 83-75. Passed 4-4-83.)
As used in this chapter:
(a) "Minority" means United States citizens who are black, Hispanic-American, Asian- American or American Indian.
(b) "Minority business enterprise" or "MBE" means a business at least fifty-one percent owned by one or more minorities who share in the capital invested to establish and maintain the business entity as well as in the profits and/or losses of the business. The contributions of capital or expertise of the minority owners to acquire their interest in the business shall be real and substantial. The owners must also maintain proportionate control over the day-to-day operations of the business, including, but not limited to, exercising the power to make policy decisions, planning how contracts will be fulfilled, being actively involved in day-to-day management decisions, organizing and controlling the finances of the business and supervising the employees who will be performing the necessary labor to fulfill the contract. The ownership and control by minority owners shall be real, substantial and continuing and shall enjoy the formal ownership of the entity as reflected in its ownership documents. The minority owners shall enjoy the customary incidents of ownership and the consideration of such shall focus on substance rather than on the form of arrangements. If a nonminority owner of the entity is disproportionately responsible for the operation of the organization, the business is not controlled by minorities and shall not be considered as a minority business enterprise. For the purposes of this chapter, where the actual management of the business is entrusted to an individual other than the owner, the person who exercises the power to hire and fire the managers or supervisors shall be considered as controlling the business.
(c) "Women's business enterprise" or "WBE" means a business at least fifty-one percent owned by one or more women who share in the capital invested to establish and maintain the business entity as well as the profits and/or losses of the business. The contributions of capital or expertise of the women owners to acquire their interest in the business shall be real and substantial. The owners must also maintain proportionate control over the day-to-day operations of the business, including, but not limited to, exercising the power to make policy decisions, planning how contracts will be fulfilled, being actively involved in day-to-day management decisions, organizing and controlling the finances of the business and supervising the employees who will be performing the necessary labor to fulfill the contract. The ownership and control by women owners shall be real, substantial and continuing and shall enjoy the formal ownership of the entity as reflected in its ownership documents. The women owners shall enjoy the customary incidents of ownership and the consideration of such shall focus on substance rather than on the form of arrangements. If a nonminority or nonfemale owner of the entity is disproportionately responsible for the operation of the organization, the business is not controlled by women and shall not be considered as a minority business enterprise. For the purposes of this chapter, where the actual management of the business is entrusted to an individual other than the owner, the person who exercises the power to hire and fire the managers or supervisors shall be considered as controlling the business.
(d) "Recipient" means any entity, public or private, to whom financial assistance is extended, directly or through another recipient for the program.
(e) "Lorain-Elyria SMSA" means the Lorain-Elyria Standard Metropolitan Statistical Area in Lorain County.
(f) "Contractor" means any person, partnership, corporation, association or joint venture who or which has been awarded a public contract, and includes every subcontractor on such contract.
(g) "Subcontractor" means any person, partnership, corporation, association or joint venture who or which has contracted with the contractor for the performance of all or part of the work or services which such contractor has contracted to perform. For purposes of this chapter, a subcontractor who provides goods, materials, equipment or supplies to a contractor shall only be given credit for one-half of the dollar amount of the subcontract The transportation cost of materials shall, for purposes of this subsection, be considered a supply contract.
(h) "Reasonable trade area" means:
(1) For construction purposes, the Lorain-Elyria SMSA and all other Ohio counties; and
(2) For supplies and professional services, the entire State.
(i) "Joint venture" means a venture where two or more separate entities form one legal entity for the purpose of competing for City contracts.
(j) "OEO" means the Office of Equal Opportunity.
(k) "Bidder" meaning any person, partnership, corporation, association or joint venture that responds to the City's invitation to bid on a City requirement. For these regulations, the terms "bidder, " "offerer" and "vendor" are considered synonymous.
(l) "Certified" means having been approved by the Office of Equal Opportunity as being a minority business enterprise qualified to participate in the MBE Program or as being a women's business enterprise qualified to participate in the WBE Program.
(Ord. 87-257. Passed 9-21-87.)
The MBE Program shall be comprised of the Minority Subcontractor Program, the Educational and Technical Assistance Program and the certification and registration of Minority Business Enterprises, as more fully set forth in the following sections of this chapter.
(Ord. 83-75. Passed 4-4-83.)
The purpose of the MBE Program is to ensure the representative participation of all segments of the population. It shall be administered by the Mayor, or his or her designee, who shall be charged with the responsibility of establishing and maintaining a strong MBE Program and developing such rules or guidelines necessary to implement such Program. The City shall, from time to time, re-evaluate the Program, assess its effectiveness and adjust and/or otherwise amend the Program to best achieve the objectives thereof. The City MBE Program shall apply to the expenditure of City funds, the sources of which funds are gifts, grants (except as stated in this section), user fees, service fees, taxes and assessments, as well as such other funds which are administered by the City without regard to their sources Whenever a grant is received from another governmental entity which has an established set of requirements, as expressed in rules, regulations or policy, concerning the participation of specific business groups, the City's specifications for contracts may contain MBE Program procedures in conformity with the granting agency's requirements, in lieu of the Program outlined in this chapter as the City's Program.
(Ord. 85-203. Passed 10-21-85.)
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