173.02 DEFINITIONS.

   As used in this chapter, the following definitions shall apply:

   (a)   "Asian-Indian Americans" means persons whose origins are from India, Pakistan, Sri-Lanka and Bangladesh;

   (b)   "Asian-Pacific Americans" means persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific and the Northern Marianas;

   (c)   "Bid" or "proposal" and "bidder" or "proposer";

   (d)   "Black Americans" means persons having origins in any of the Black racial groups of Africa;

   (e)   "City" means the City of Mansfield, Ohio;

   (f)   "Contract" means a bidding agreement executed on or after the effective date of this section whereby the City is committed to expend or does expend its funds or other resources for or in connection with the following purposes:

      (1)   Construction of any public improvements;

      (2)   Purchase of any personal property;

      (3)   Purchase of any services;

      (4)   Lease of any personal property; or

      (5)   Concession agreements whereby the City grants a specific permission, privilege or license.

   (g)   "Contractor" means a party who participates, at any level, in a contract as defined in subsection (f) hereof.

   (h)   "Disadvantaged Business Enterprise" (hereinafter "DBE") means a small business concern:

      (1)   Which is at least fifty-one percent (51%) owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more socially and economically disadvantaged individuals; and

      (2)   Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.

   (i)   "Discriminate" means to exclude an individual or group solely on the basis of race, religion, color, sex, national origin, age, handicap, ancestry or Vietnam-era or disabled veteran status.

   (j)   "Hispanic Americans" means persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;

   (k)   "Joint venture" means an association of two or more businesses to carry out a single business enterprise for profit for which purpose they combine their property, capital, efforts, skills and knowledge.

   (l)   "Manufacturer" means a firm (business) that operates or maintains a factory or establishment that produces on the premises a product, materials or supplies, or items (obtained by the recipient or contractor).

   (m)   "Minority Business Officer" or "MBE Officer" means the person designated by the City to administer this chapter. The Minority Business Officer shall also serve as the City's "DBE Liaison Officer" and shall perform the duties of such office as described in 49 CFR Section 23.45.

   (n)   "Minority" means a United States citizen or lawful, permanent resident who is: Black American or Hispanic American or Native American or Asian-Pacific American or Asian-Indian American.

   (o)   "Minority Business Enterprise", (hereinafter "MBE") means a business concern which is at least fifty-one percent (51%) owned by one or more minorities, or in the case of a publicly-owned business, at least fifty-one percent (51%) of the stock is owned by minorities, whose management and daily business operations are controlled by one or more such minority individuals; and that at least fifty-one percent (51%) of the net profits or losses attributable to that business enterprise accrues to minority persons;

   (p)   "Native Americans" means persons who are American Indians, Eskimos, Aleuts or Native Hawaiians;

   (q)   "Regular dealer" means a firm that owns, operated or maintains a store, warehouse or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock and regularly sold to the public in the usual course of business. To be a regular dealer, the firm shall engage in, as its principal business, and in its own name, the purchase and sale of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this chapter.

   (r)   "Small business concern" means a small business as defined in Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of fourteen million ($14,000,000) over the previous three fiscal years.

   (s)   "Socially and economically disadvantaged individuals" ("disadvantaged individuals) means individuals who are citizens of the United States (or lawful admitted permanent residents) and who are women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans or Asian-Indian Americans and any other minorities or individuals found to be disadvantaged by the Small Business Administration pursuant to Section 8 (a) of the Small Business Act.

   (t)   "Subcontractor" means one who has contracted with the prime contractor for the performance of all or a part of the work or services which such prime contractor has contracted to perform. The purchases of materials and/or equipment by a contractor or a subcontractor for the performing of the work or service of its contract shall not be regarded as subcontracting.

   (u)   "HUD" means the United States Department of Housing and Urban Development.

   (v)   "DOT" means the United States Department of Transportation.

   (w)   "FAA" means the Federal Aviation Administration.

      (Ord. 93-001. Passed 1-5-93.)