For purposes of 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 Marinas.
(c) "Bid" means the same as "proposal", and "bidder" means the same as "proposer".
(d) "Black Americans" means persons having origins in any of the Black racial groups of Africa.
(e) "City" means the City of Warren, 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 improvement;
(2) Purchase of any personal property;
(3) Purchase of any service;
(4) Lease of any personal property; or
(5) Concession agreement 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) "Discriminate" means to exclude an individual or group solely on the basis of race, religion, color, sex, national origin, age, handicap, familial status, ancestry or Vietnam-era or disabled veteran status.
(i) "DOT" means the United States Department of Transportation.
(j) "Equal Employment Coordinator" means the person designated by the City to administer this chapter.
(k) "FAA" means the Federal Aviation Administration.
(l) "Hispanic Americans" means persons of Mexican, Puerto Rican, Cuban, Central American, South American, or other Spanish or Portuguese culture or origin, regardless of race.
(m) "HUD" means the United States Department of Housing and Urban Development.
(n) "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.
(o) "Manufacturer" means a business that operates or maintains a factory or establishment that produces on the premises a product, material, supply, or item obtained by a recipient or a contractor.
(p) "Minority" means a United States citizen or lawful, permanent resident who is:
Black American;
Hispanic American;
Native American;
Asian-Pacific American; or Asian-Indian American.
(q) "Minority Business Enterprise" (hereinafter referred to as "MBE") means a business entity which is at least fifty-one percent (51%) owned by one or more minorities, or in the case of a publicly-owned business entity, 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 minority individuals; and that at least fifty-one percent (51%) of the net profits or losses attributable to that business entity accrue to minority persons.
(r) "Native Americans" means persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians.
(s) "Regular dealer" means a business entity that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of a contract are bought, kept in stock, and regularly sold to the public in the usual course of business. To be a "regular dealer", the entity must 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 therefor. Brokers and packagers shall not be regarded as manufacturers or "regular dealers" within the meaning of this chapter.
(t) "Subcontractor" means one who has contracted with a prime contractor for the performance of all or a part of the work or services which such prime contractor has contracted to perform. The purchase of materials and/or equipment by a contractor or a sub-contractor for the performing of the work or service of its contract shall not be regarded as subcontracting.
(Ord. 10710/94. Passed 9-28-94.)