§ 17-1601. Definitions.

   (1)   Covered Project or Contract. Any of the following, so long as the total value of such contract, development project or financial assistance is reasonably anticipated to exceed one hundred thousand dollars ($100,000) (notwithstanding any other dollar or percentage minimums set forth in any incorporated definition): 196

      (a)   Grant of financial assistance, as defined in Section 17-1401.

      (b)   A Non-Competitively Bid Contract, as defined in Section 17-1401.

      (c)   A City-Funded Development Project, as defined in Section 17-1101.

      (d)   A development project or contract that requires an ordinance of Council in order to proceed; or a development project or contract, other than one for the development exclusively of a single family home, that requires a resolution of Council in order to proceed. 197

      (e)   A development project or contract that requires an action of the Zoning Board of Adjustment pursuant to subsection 14-303(7) or (8), other than a project or contract for the development exclusively of one single family home. 198

      (f)   A development project or contract bid pursuant to funds allocated to the City pursuant to the American Recovery and Reinvestment Act and which is reasonably anticipated to cost the City more than one hundred thousand dollars ($100,000). 199

   (2)   Certifying Agency. The agency designated by the Mayor to be responsible for ensuring non-discrimination in City contracting and for promoting the economic development of M/W/DSBEs through a certification program or otherwise. 200

   (3)   M/W/DSBE. Unless otherwise defined, in an Economic Opportunity Plan, an M/W/DSBE shall mean a for-profit business that is either:

      (a)   A sole proprietorship owned and controlled by a minority person, woman or disabled person.

      (b)   A partnership controlled by one or more minority persons, women or disabled persons, in which at least fifty-one percent (51%) of the beneficial ownership interests are held by one or more minority persons, women or disabled persons.

      (c)   A corporation or other entity controlled by one or more minority persons, women or disabled persons in which at least fifty-one percent (51%) of the beneficial ownership interests in such corporation or entity are owned by one or more minority persons, women or disabled persons.

To the extent the certifying agency maintains a certification list of M/W/DSBEs in a particular industry and applies the instant definition, then a business must be certified by the certifying agency as an M/W/DSBE to qualify as such. 201

   (4)   Participant. Any consultant, architectural/ design entity, subcontractor, construction manager and/or prime contractor engaged by a contractor, a project developer or recipient of financial assistance with respect to a Covered Project or Contract; or with respect to a competitively-bid contract covered by subsection 17-1602(2).

   (5)   Labor Standards Unit or Unit. As defined in subsection 17-107(1) of the Code. 202

   (6)   Director. As defined in subsection 17-107(1) of the Code. 203

   (7)   City Work. As defined in subsection 17-107(1) of the Code. 204

   (8)   Manufacturer. A business that operates or maintains a factory or establishment that produces, on the premises, the materials, supplies, articles, or equipment required under the contract and of the general character described by the bid specifications.  205

   (9)   Supplier. A business that engages, as its principal business and under its own name, in the purchase and sale or lease of materials as a regular dealer by owning, operating, or maintaining a store, warehouse, or other establishment in which the materials, supplies, articles or equipment of the general character described by the bid specifications and required under the contract are bought, kept in stock, and regularly sold or leased to the public in the usual course of business.  206

   (10)   Broker. A business that brokers, operates as a non-stocking supplier, expedites transactions, or serves as a manufacturers' representative, who may include packagers or other persons who arrange transactions and are not regular dealers/suppliers. Such brokers may not have a warehouse and inventory relevant to the bid specifications with customary inventory turnover or, operate an ad hoc delivery structure, often only having an office with very few if any employees.  207

   (11)   Commercially Acceptable Function. A business performs a Commercial Acceptable Function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved. To perform a commercially acceptable function as a supplier, the business must be independently responsible for negotiating price, determining quality and quantity, ordering the material, taking title to the material, paying for the material itself and taking responsibility for transporting the material to the job site.  208

 

Notes

196	Amended, Bill No. 070911 (approved December 18, 2007); amended, Bill No. 100134-A (approved September 1, 2010); amended, Bill No. 160325 (approved June 28, 2016).
197	Amended, Bill No. 100341 (approved September 1, 2010).
198	Enrolled bill read "14-1801(1b) thru (1e)". Bill No. 060226-AA (approved May 23, 2007). Amended, Bill No. 100134-A (approved September 1, 2010); amended, Bill No. 120774-A (approved January 14, 2013).
199	Added, Bill No. 090672-A (approved January 13, 2010); amended, Bill No. 160325 (approved June 28, 2016).
200	Amended, Bill No. 110559 (approved October 26, 2011).
201	Amended, Bill No. 110559 (approved October 26, 2011).
202	Added, Bill No. 160003 (approved April 5, 2016).
203	Added, Bill No. 160003 (approved April 5, 2016).
204	Added, Bill No. 160003 (approved April 5, 2016).
205	Added, Bill No. 210632 (approved November 17, 2021).
206	Added, Bill No. 210632 (approved November 17, 2021).
207	Added, Bill No. 210632 (approved November 17, 2021).
208	Added, Bill No. 210632 (approved November 17, 2021).