For the purposes of this Chapter 188, the following words, terms, phrases and abbreviations shall have the following meanings:
(1) "Certification" shall mean official recognition and approval by City that a business meets the qualification criteria of an eligible MBE/WBE or LSBE, as set forth in this Chapter. Certification and/or Recertification relates to qualifications regarding ownership and control, not the quality of the service or product.
(2) "Controlled" for purposes of determining whether a business is minority-owned or women owned means the owner(s) shall:
(A) Possess and exercise the legal authority and power to manage business assets, possess goodwill and daily operations of the business; and
(B) Actively and continuously exercise such managerial authority and power in determining the policies and directing the operations of the business.
(3) "Goal" or "Contract-by-Contract Goal" means race or gender-conscious corrective measures administered on a contract-by-contract or project-by-project basis which measure sets a percentage-based minimum participation level for MBE/WBE subcontractors based on the available subcontracting opportunities for that project and the available MBE/WBE firms.
(4) "Minority-Owned Business Enterprise (MBE)" shall mean a business which is not a subsidiary of another business and is an independent and continuing for profit operation, performing a commercially useful function, and is independently owned, operated, and controlled by one or more eligible minority persons as defined by this Chapter and is certified as an MBE by the Department of Diversity, Equity and Inclusion under this Chapter.
(5) "Minority Persons" shall mean Black, or African Americans, Asian Americans, Hispanic Americans and Native Americans, that are citizens (or lawful permanent residents) of the United States.
(A) "Asian American" means persons having origins in any of the original people of the Far East, Southeast Asia, the Indian subcontinent or the Pacific Islands.
(B) "Black or African American" means all persons having origins in any of the black racial groups of Africa. It includes people who indicate their race as "Black" or "African American", or provide written entries such as African American, Afro American, Kenyan, Nigerian, or Haitian or other Caribbean nationality having African origins.
(C) "Hispanic American" means people who identify with the terms "Hispanic" or "Latino" and who classify themselves in a specific Hispanic or Latino category such as "Mexican," "Puerto Rican," "Cuban," or "other Spanish, Hispanic, or Latino."
(D) "Native American" means all persons who maintain culture and have origins in a federally recognized Indian tribe as listed in the current "Federal Register Notice of Indian Entities Recognized by and eligible to receive services from the U.S. Bureau of Indian Affairs.
(6) "Owned" shall constitute ownership meeting all of the following:
(A) At least fifty-one percent (51%) of the business is independently owned, operated, and controlled by individuals born or naturalized of the United States;
(B) The ownership shall be real and continuing, and shall go beyond the mere indicia of ownership of the business reflected in the ownership document; and
(C) The owner(s) shall enjoy the customary incidence of ownership and shall share in the risks and profits commensurate with their ownership interest, as demonstrated by an examination of the substance, rather than the form of ownership arrangements.
(7) "Participant" means an individual or entity that enters into a contract with the City to provide goods or services within the scope of the MBE/WBE or SBE Program, or a subcontractor or supplier under City a to such an individual or entity.
(8) "Small Local Business Enterprise (SLBE)" means an independently owned, operated, and controlled for-profit business concern, which is not a subsidiary for another business that has been certified by the Department of Diversity, Equity and Inclusion as having met the SLBE eligibility requirements as provided in this Chapter.
(9) "Toledo Market Area" means the counties of Lucas, Wood, Fulton and Ottawa, Ohio
(10) "Women-Owned Business Enterprise" or "WBE" means a business which is not a subsidiary of another business and is an independent and continuing for profit operation, performing a commercially useful function, and is independently owned, operated, and controlled by one or more non-minority women that are citizens of the United States and is certified as a WBE by the Department of Diversity, Equity and Inclusion under this Chapter.
(Ord. 238-23. Passed 5-30- 23.)