In this chapter, the terms listed below are defined as follows:
(a) "Affiliation" means a connection with another business concern is based on the power to control, whether exercised or not. Such factors as common ownership, common management and identity of interest (often found in members of the same family), among others, are indicators of affiliation. Power to control exists when a party or parties have fifty-one percent (51%) or more ownership. It may also exist with considerably less than fifty-one percent (51%) ownership by contractual arrangement or when one or more parties own a large share compared to other parties. Affiliation business concerns need not be in the same line of business. The calculation of a concern's size includes the employees or receipts of all affiliates. Except as otherwise provided, concerns are affiliates of each other when, either directly or indirectly:
(1) One concern controls or has the power to control the other; or
(2) A third party or parties controls or has the power to control both; or
(3) An identity of interest between or among parties exists such that affiliation may be found.
In determining whether affiliation exists, it is necessary to consider all appropriate factors, including common ownership, common management, and contractual relationships. Affiliates must be considered together in determining whether a concern meets small business size criteria and the statutory cap on the participation of firms in the DBE program.
(b) "Assets" means all the property of a person available for paying debts or for distribution, including one's respective share of jointly held assets. This includes, but is not limited to, cash on hand and in banks, savings accounts, IRA or other retirement accounts, accounts receivable, life insurance, stocks and bonds, real estate, and personal property.
(c) "Asian-Indian Americans" includes people with origins from India, Pakistan, Sri Lanka, or Bangladesh.
(d) "Asian-Pacific Americans" includes individuals from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific, or the Northern Marianas.
(e) "Bid" or "Bidder" includes the terms "proposal" and "proposer."
(f) "Black Americans" includes persons having origins in any black racial groups of Africa.
(g) "Business, business concern or business enterprise" means an entity organized for profit with a place of business located in the United States, and which operates primarily within the United States or which makes a significant contribution to the United States economy through payment of taxes or use of American products, materials, or labor.
(h) "City" means The City of Springfield, Ohio.
(i) "City Manager" means the City Manager of the City of Springfield, Ohio.
(j) "Contract" means an agreement where the City spends its funds for goods or services. Certain contracts, such as specialized services, emergency requisitions, petty cash funds, and contracts utilizing nonfederal funds under the thresholds set by 9.17 of the Ohio Revised Code may be exempt. Exemptions under this Chapter are determined by the Minority Business Coordinator in conjunction with the City Finance and City Legal Departments.
(k) "Contractor" means a party participating in a contract as defined in subsection (g).
(l) "Disadvantaged Business Enterprise" or "DBE" means small business concern:
(1) At least fifty-one percent (51%) owned by socially and economically disadvantaged individuals, or if publicly owned, at least fifty-one percent (51%) of the stock is owned by these individuals; and
(2) Managed and operated on a daily basis by one or more of the disadvantaged individuals who own it.
(m) "Discriminate" means exclusion of an individual or group solely based on race, religion, color, sex, national origin, age, disability, ancestry, or Vietnam-era or disabled veteran status.
(n) "Hispanic Americans" includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race.
(o) "Joint Venture" means an association of an MBE or DBE firm and one or more other firms to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the MBE or DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.
(p) "Manufacturer" means a firm operating a factory or establishment that produces materials or supplies on-premises.
(q) "Minority Business Coordinator" or "MBC" means the person designated by the City Manager to administer this chapter, also serving as the City's "DBE Liaison Officer" per 49 CFR Section 23.45 (May also be referred to as the "MBE Officer.")
(r) "Minority" means a U.S. citizen or lawful permanent resident who is:
(1) Black American,
(2) Hispanic American,
(3) Native American,
(4) Asian-Pacific American, or
(5) Asian-Indian American.
(s) "Minority Business Enterprise" or "MBE" means a business which is:
(1) At least fifty-one percent (51%) owned by minorities or females, or if publicly owned, at least fifty-one percent (51%) of the stock is owned by minorities or females;
(2) Managed and operated daily by minority or female individuals; and
(3) At least fifty-one percent (51%) of net profits or losses are attributable to minority or female persons.
(t) "Native Americans" includes American Indians, Eskimos, Aleuts, or Native Hawaiians.
(u) "Regular Dealer" means a firm engaged in the principal business of buying and selling specific products, owning and maintaining a store or warehouse, but not including brokers and packagers.
(v) "Small Business Concern" means a small business concern as defined pursuant to section 3 of the Small Business Act and Small Business Administration regulations implemented in (13 CFR part 121) that also does not exceed the cap on average annual gross receipts specified in § 26.65(b).
(w) "Socially and Economically Disadvantaged Individuals" and "Disadvantaged Individuals" includes U.S. citizens or lawfully admitted permanent residents who are women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, or others found disadvantaged by the Small Business Administration. The social disadvantage must stem from circumstances beyond the individual's control.
(1) Any individual who a recipient finds to be a socially and economically disadvantaged individual on a case-by-case basis. An individual must demonstrate that they have held himself or herself out, as a member of a designated group if you require it.
(2) Any individual in the following groups, members of which are rebuttably presumed to be socially and economically disadvantaged:
A. "Black Americans" which includes persons having origins in any of the Black racial groups of Africa;
B. "Hispanic Americans" which includes persons of Mexican, Puerto Rican, Cuban, Dominican, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race;
C. "Native Americans" which includes persons who are enrolled members of a federally or State recognized Indian tribe, Alaska Natives, or Native Hawaiians;
D. "Asian-Pacific Americans" which includes persons whose origins are from Japan, China, Taiwan, Korea, Burma (Myanmar), Vietnam, Laos, Cambodia (Kampuchea), Thailand, Malaysia, Indonesia, the Philippines, Brunei, Samoa, Guam, the US Trust Territories of the Pacific Islands (Republic of Palau), Republic of the Northern Marianas Islands, Samoa, Macao, Fiji, Tonga, Kirbati, Tuvalu, Nauru, Federated States of Micronesia, or Hong Kong;
E. "Subcontinent Asian Americans" which includes persons whose origins are from India, Pakistan, Bangladesh, Bhutan, the Maldives Islands, Nepal or Sri Lanka;
F. Women;
G. Any additional groups whose members are designated as socially and economically disadvantaged by the SBA, at such time as the SBA designation becomes effective.
(3) Being born in a particular country does not, standing alone, mean that a person is necessarily a member of one of the groups listed in this definition.
(x) "Subcontractor" means one who contracts with the original contractor for part or all of the work, excluding the purchase of materials and/or equipment.
(y) "HUD" means United States Department of Housing and Urban Development.
(z) "UMTA" means United States Urban Mass Transportation Administration. (aa) "DOT" means United States Department of Transportation.
(bb) "FAA" means Federal Aviation Administration. (cc) "FTA" means Federal Transit Administration.