§ 3901.01. Definition of terms.

For the purpose of Title 39, the following words, phrases and terms shall be defined as set forth below:

(A)

"Commercially useful function" shall mean the performance of real and actual services in the discharge of any contractual endeavor. Services are real and actual if such services would be provided in the normal course of conducting business or trade activities. The contractor must perform a distinct element of work which the business has the skill and expertise as well as the responsibility of actually performing, managing and supervising.

(B)

"Construction" shall mean the erection, rehabilitation, alteration, conversion, extension, demolition or repair of improvements to real property, including facilities providing utility service. The term also includes the supervision, inspection, and other on-site functions incidental to the actual construction.

(C)

"Contract" shall mean a binding agreement between the city of Columbus and some other party(s) whereby the city expends its funds to:

(1)

Employ such party(s) for the construction of any public improvements; or

(2)

Purchase any personal property; or

(3)

Purchase services; or

(4)

Lease any personal property from another party.

(D)

"Contract" does not include binding agreements between the city and some other party(s) whereby:

(1)

Any real property is leased to or from the city; or

(2)

Any personal property is leased by the city to another; or

(3)

Real property is purchased by or from the city; or

(4)

The city agrees to provide services to some other party(s); or

(5)

The agreement to provide services to the city will be totally fulfilled by a business entity with employees less than four (4) individuals; or

(6)

The city contracts for services to be provided by another governmental agency;

(7)

The city establishes a contract with a not-for-profit as defined in Chapter 329;

(8)

The city establishes a contract for commodities with fixed prices in accordance with Chapter 329.

(E)

"Contracting agency" shall mean any agency authorized to act as an agent for the city to enter into a contract on behalf of the city.

(F)

"Contractor" shall have the same meaning as set forth in Chapter 329.

(G)

"Controlled" for purposes of determining whether a business is minority-owned or women-owned means the owner(s) shall:

(1)

Possess and exercise the legal authority and power to manage business assets, goodwill and daily operations of the business; and

(2)

Actively and continuously exercise such managerial authority and power in determining the policies and directing the operations of the business.

(H)

"Good Faith Efforts (or GFEs)" shall mean voluntary steps taken to demonstrate the bidder/proposer's willingness to fulfill the city's diversity and inclusion opportunity objective when bidding on a contract.

(I)

"Metropolitan Service Area" shall mean the counties of Franklin, Delaware, Fairfield, Fayette, Licking, Madison, Pickaway and Union.

(J)

"Minority-Owned Business Enterprise (MBE)" shall mean a business which is an independent and continuing operation for profit, performing a commercially useful function, and is owned and controlled by one or more eligible minority group members as defined by this code.

(K)

"Minority Group Members" shall mean African Americans, Asian Americans, Hispanic Americans and Native Americans, all as defined by the US EEOC, legally residing in, or that are citizens of the United States or its territories.

(L)

"ODI" means the Office of Diversity and Inclusion.

(M)

"Owned" shall mean:

(1)

At least fifty-one percent (51%) of the business is owned and controlled by individuals born or naturalized of the United States;

(2)

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

(3)

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.

(N)

"Veteran" shall mean a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.

(O)

"Veteran-Owned Business Enterprise (VBE)" shall mean a business which is an independent and continuing operation for profit, performing a commercially useful function, and is owned and controlled by one or more veterans.

(P)

"Women-Owned Business Enterprise (WBE)" shall mean a business which is an independent and continuing operation for profit, performing a commercially useful function, and is owned and controlled by one or more women that are U.S. citizens.

(Ord. No. 3025-2016 , § 2, 12-12-2016)