For the purpose of this Part, the following terms shall have the following respective definitions:
AGE — Includes any person 40 and above and shall also include any other person so protected by further amendment to the Federal Age Discrimination in Employment Act.
AGENCY — Any City office, department, board or commission, including but not limited to the Council of the City of Reading. It shall also mean all legal entities which either:
A. Receive funds, directly or indirectly, from the City, state or federal governments.
B. Have entered into continuing contractual or cooperative relationships with the City, including quasi-public agencies, hospitals, schools, etc.
C. Operate under legal authority granted to them by City ordinance.
CERTIFYING AGENCY - A private or public entity designated by the City procurement officers as an agency eligible to certify businesses as Certification Eligible Business.
CERTIFICATION ELIGIBLE BUSINESS OR CEB - Any one or more businesses in the group consisting of DBEs, MBEs. SBEs. WBEs and such other categories of business enterprises established by the City procurement officers, or his/her designee, from time to time as eligible for participation in a certification program, when in his/her judgment the best available evidence supports such establishment.
CITY CONTRACTS - Any City contract, purchase order or agreement, not including lease of real property or collective bargaining agreement, awarded by any officer or agency of the City whether competitively bid or negotiated, including but not limited to, any construction contract with a total value in excess of $10,000 which:
A. Is paid for in whole or in part with City, state or federal funds.
B. Is financed either wholly or partially by state or federal funds which are administered by the City.
C. Is funded in whole or in part by Financial Assistance (See § 23-706 below).
CONTRACTOR - Any person or business entity that enters into a City contract, including all partners and all joint ventures of such person.
DISABLED PERSON - A person who has a physical or mental impairment which substantially limits one or more of his or her major life activities or has a record of such impairment. “Major life activities” shall mean functions, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
DISADVANTAGED BUSINESS ENTERPRISE or DBE - When connected to a contract that is funded in whole or in part from state or federal governmental sources, means a business entity designated pursuant to the rules and regulations of such governmental source, and includes a City designated certifying agency.
DISCRIMINATE and DISCRIMINATION - Conduct used to deny someone equal protection of the laws and which includes any difference in treatment based on race, color, religion, ancestry, national origin, age, sex, familial status, handicap or previous filing of a complaint of discrimination.
FINANCIAL ASSISTANCE - Any grant, loan, incentive or abatement provided by, or with the authority or approval of, the City or a City-related agency, including but not limited to bond financing subsidies, tax increment financing aid, industrial development bonds, use of the power of eminent domain, land or property acquisition, Community Development Block Grant loans or grant, revenue bonds, Enterprise Zone designations, and aid from any federal, state or City or other similar agencies.
INDIVIDUAL - A natural person.
HANDICAP - With respect to a person, a physical or mental impairment which substantially limits one or more major life activities; a record of having such an impairment; or being regarded as having such an impairment.
MCA - The Minority Contractors Association.
MINORITY BUSINESS PROCUREMENT ADVISORY BOARD (MBPAB) - The entity within the Finance Department responsible for the development, implementation, monitoring and enforcing the procedures and goals set forth in this chapter.
MINORITY-OWNED BUSINESS or MBE - Minority business enterprise including any local owned business which is at least 51 percent owned by one or more members of one or more minority groups, or. in the case of a publicly held corporation, at least 51 percent of the stock of which is owned by one or more members of one or more minority groups whose management and daily business operations are controlled by one or more members of one or more minority groups, and which is not an established business.
MINORITY PERSON - A person who is a citizen or lawful permanent resident of the United States and who is:
A. African American (a person having origins in any of the black racial groups in Africa).
B. Hispanic American (a person of Spanish or Portuguese culture with origins in Mexico, South or Central America, or the Caribbean Islands, regardless of race).
C. Asian American (a person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands).
D. Native American (a person having origins in any of the original peoples of North America).
E. For purposes of contracts funded by state or federal governmental sources, groups found to be eligible for the purposes of DBEs by such governmental sources.
NON-JOB-RELATED HANDICAP OR DISABILITY - Any handicap or disability which does not substantially interfere with the ability to perform the essential functions of the employment which a handicapped person applies for, is engaged in, or has been engaged in. Uninsurability or increased cost of insurance under a group or employee insurance plan does not render a handicap or disability job-related.
PERSON - A corporation, partnership or association, or any combination thereof, as well as a natural person.
PROCUREMENT - Includes buying, purchasing, renting, licensing, or acquisition of any supply, service, or product. Procurement also includes all functions that pertain to obtaining any supply, service, or product. including drafting the requirements, the selection and solicitation of sources, the preparation, review, and award of contract, and all phases of the contract administration.
SMALL BUSINESS ENTERPRISE or SBE - A business which is independently owned and operated and which is not dominant in its field of operation as further defined in the Small Business Size Regulations, adopted by the U.S. Small Business Administration and published in the U.S. Code of Federal Regulations, including the industry size standards set forth in the table contained therein, which regulations are incorporated herein, and made a part hereof by reference.
SOCIALLY AND ECONOMICALLY DISADVANTAGED INDIVIDUALS - Those who have either been subjected to racial, sexual or ethnic prejudice because of their identity as a member of a group or to differential treatment because of their disability without regard to their individual qualities, and whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business who are not socially disadvantaged.
A. In determining who are socially and economically disadvantaged individuals, Equal Business Opportunity Advisory Board may make a reputable presumption that all minority persons, all women and all disabled persons shall be so classified.
B. The Minority Business Procurement Advisory Board, in determining whether an individual shall be classified as a socially and economically disadvantaged individual, shall also consider, among other things, the extent of the liquid assets and net worth of such socially disadvantaged individuals.
WOMEN BUSINESS ENTERPRISE or WBE - Any Women Business Enterprise:
A. Which is at least 51% owned and controlled by one or more socially and economically disadvantaged women.
B. In the case of any publicly owned business, one in which at least 51% of the stock is owned by one or more socially and economically disadvantaged women, associations or groups; provided, however, that a reputable presumption shall exist that any person that has received more than $5,000,000 in three consecutive years of contract work from the City is not a WBE, and; provided further, that any previous certification of any such person as a WBE shall be reevaluated pursuant to regulations.