10081-11 Amend Code- Municipal Code Ch.14.5 Minority & Women Business Enterprise Diversity Development Programs

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Substitute Bill No.86-10 Apri14,2011 Page 4 (n) Minority group means citizens of the United States who are: (1) Blacks (2) American Indians (3) Hispanics; and (4) Asian Americans (5) Other similar minority group defined in 13 Code of Federal Regulations 124.103.� (o) Minority Business Enterprise (hereinafter referred to as (MBE)means any minority- owned business which has been certified under the requirements of this Chapter: (1) Which is at least fifty-one percent (51%) owned by one or more of a minority group 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 of a minority group; and (2) Whose management and daily business operations are controlled by one or more of a minority group who own it and have an interest in capital, assets, and profits and losses of the business proportionate to the percentage of ownership.g (p) Minority/Women Business Utilization Plan means a plan developed by the MBE/WBE Utilization Board in consultation with the Department of Administration and Finance and approved by a resolution of the Common Council. The plan shall provide for utilization of local MBEs and WBEs and provide rules and regulations to implement this Chapter. (q) Offeror means any business entity that makes an offer to enter into a binding contract9. (r) Program means the minority and women's business enterprises diversity programs aimed at advancing non-remedial objectives such as promoting diversity and inclusion. (s) Qualifying member means for MBE goals, any member of a minority group; and for WBE goals, a woman.10 (t) Regional MBE or Regional WBE means an MBE or WBE certified in the State of Indiana who has a joint venture with a"local MBE" or"local WBE"to obtain a bid/contract with the City of South Bend, Indiana. (u) Subcontractor or second tier contractor means any person entering into a contract with a prime vendor to directly furnish services or supplies toward the contract.'� �251ndinnn Adminisa•ntit•e Code 5-2-1 (a)(14)sets forth this definition for"minority group". 8 251ndiana Administrative Code 5-2-1 (a)(16) sets forth a similar definition for"owned and controlled". �25 Indiana Administrative Code 5-2-1 (a)(l5) sets forth a similar definition for"offeror". 10 25 Indiana Administrative Code 5-2-1 (a)(]8) sets forth this definition for"qualifying me�nber".