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.)