• 153.01 - Policy Statement and Objectives
• 153.02 - Definitions of Terms.
• 153.03 - Duties of the MBE Officer.
• 153.04 - MBE Eligibility and Certification.
• 153.05 - DBE Eligibility and Certification.
• 153.06 - Required Steps in Evaluating MBE and DBE Applications.
• 153.07 - Contracting Goals.
• 153.08 - Counting MBE Participation.
• 153.09 - Counting DBE Participation.
• 153.10 - Waiver of Bond.
• 153.11 - Nondiscrimination by Contractors.
• 153.12 - Time Requirements and Procedure for Noncompliance.
• 153.13 - Third Party Complaints.
• 153.99 - Penalty.

153.01   POLICY STATEMENT AND OBJECTIVES

(a) It is the policy of the City of Springfield, Ohio, that Disadvantaged Business Enterprises and Minority Business Enterprises, as defined in section 153.02, shall have the maximum practical opportunity to participate in the performance of contracts let by the City. In this regard, the city and its contractors are required to comply with both the letter and spirit of this chapter, as well as with the authority as defined by United States Department of Transportation, 49 CFR Part 23, Title VI of the Civil Rights Act of 1964, Executive Order 11625, October 13, 1971, Executive Order 11246, and other laws applicable to providing contracting opportunities to Disadvantaged Business Enterprises and Minority Business Enterprises.

(b) The objectives which the City establishes for the Disadvantaged and Minority Business Enterprises Program are:
(1) To ensure that Disadvantaged Business Enterprises and Minority Business Enterprises have maximum opportunity to participate in all City contracts.
(2) To encourage all City contractors to make conscientious efforts, consistent with sound procurement practices and applicable law, to afford Disadvantaged Business Enterprises and Minority Business Enterprises a fair opportunity in their subcontracting or supplying processes;
(3) To prohibit City contractors from discriminating against potential subcontractors and potential suppliers because such potential subcontractor or potential supplier is a minority or a disadvantaged business.
(Ord. 94-106. Passed 4-5-94.)

(c) Private corporations, firms, or persons receiving tax abatement or tax credit development incentives from the City shall award their construction and purchase contracts consistent with the objectives set forth in this section.
(Ord. 94-106. Passed 4-5-94.)

153.02   DEFINITIONS OF TERMS

As used in this chapter, the following words, phrases and terms shall be defined as set forth as follows:
(a) "Asian-Indian Americans" includes persons whose origins are from India, Pakistan, Sri-Lanka and Bangladesh.
(b) "Asian-Pacific Americans" includes 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 Marianas.
(c) "Bid" or "bidder" also includes the terms "proposal" and "proposer".
(d) "Black Americans" includes persons having origins in any of the black racial groups of Africa.
(e) "City" means the City of Springfield, Ohio.
(f) "City Manager" means the City Manager of the City of Springfield, Ohio.
(g) "Contract" means a binding agreement executed on or after the effective date of this chapter 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 improvements;
(2) Purchase of any personal property;
(3) Purchase of any services;
(4) Lease of any personal property; or
(5) Concession agreements whereby the City grants a specific permission, privilege or license.
(h) "Contractor" means any party who participates, at any level, in a contract as defined in subsection (g) hereof.
(i) "Disadvantaged Business Enterprises" (hereinafter referred to as "DBE") means a small business concern:
(1) Which is at least fifty-one percent (51%) owned by one or more socially and economically disadvantaged individuals, or, in the case of any publicly owned business, at least fifty-one percent (51%) of the stock of which is owned by one or more socially and economically disadvantaged individuals; and
(2) Whose management and daily business operations are controlled by one or more of the socially and economically disadvantaged individuals who own it.
(j) "Discriminate" means to exclude an individual or group solely on the basis of race, religion, color, sex, national origin, age, handicap, ancestry or Vietnam-era or disabled veteran status.
(k) "Hispanic Americans" includes persons of Mexican, Puerto Rican, Cuban, Central or South American, or other Spanish or Portuguese culture or origin, regardless of race.
(l) "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.
(m) "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the recipient or contractor.
(n) "Minority Business Officer" or "MBE Officer" means the person designated by the City's Director of Human Relations to administer this chapter. The Minority Business Officer shall also serve as the City's "DBE Liaison Officer" and shall perform the duties of such office as described in 49 CFR Section 23.45.
(o) "Minority means a United States Citizen or lawful, permanent resident who is:
(1) Black American.
(2) Hispanic American.
(3) Native American.
(4) Asian-Pacific American.
(5) Asian-Indian American.
(p) "Minority Business Enterprise", (hereinafter referred to as "MBE") means a business concern which is at least fifty-one percent (51%) owned by one or more minorities or females, or in the case of a publicly-owned business, at least fifty-one percent (51%) of the stock is owned by minorities or females; whose management and daily business operations are controlled by one or more such minority or female individuals; and that at least fifty-one percent (51%) of the net profits or losses attributable to that business enterprise accrues to minority or female persons.
(q) "Native Americans" includes persons who are American Indians, Eskimos, Aleuts, or Native Hawaiians.
(r) "Regular dealer" means a firm that owns, operates or maintains a store, warehouse or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock and regularly sold to the public in the usual course of business. To be a regular dealer, the firm 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. Brokers and packagers shall not be regarded as manufacturers or regular dealers within the meaning of this chapter.
(s) "Small business concern" means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto except that a small business concern shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has annual average gross receipts in excess of $14 million over the previous three fiscal years.
(t) "Socially and economically disadvantaged individuals" (hereinafter referred to as "disadvantaged individuals") means those individuals who are citizens of the United States or lawfully admitted permanent residents, and who are women, Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans or Asian-Indian Americans and any other minorities or individuals found to be disadvantagged by the Samll Business Administration pursuant to Section 8(a) of the Small Business Act.
(u) "Subcontrator" means one who has contracted with the original contractor for the performance of all or a part of the work or services which such original contractor has contracted to perform. The purchase of materials and/or equipment by a contractor or a subcontractor for the performing of the work or services of its contract shall not be defined as subcontracting.
(v) "HUD" means the United States Department of Housing and Urban Development.
(w) "UMTA" means the United States Urban Mass Transportation Administration.
(x) "DOT" means the United States Department of Transportation.
(y) "FAA" means the Federal Aviation Administration.
(Ord. 90-478. Passed 8-28-90.)

Chapter 153 Continued

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