As used herein, the following terms shall have the meanings indicated:
BUSINESS or BUSINESS ENTERPRISE
A sole proprietorship, corporation, limited liability company,
partnership, limited partnership, limited liability limited partnership,
joint-stock company, joint venture, professional association, or any
other legal entity operated for profit that is properly licensed or
registered, as applicable, owned and controlled by persons who are
citizens or lawful permanent residents of the United States, and otherwise
authorized to do business in the State of Missouri.
CERTIFIED MBE OR WBE
A business enterprise which is certified as a minority business
enterprise or a woman business enterprise by either:
1.
The City of St. Louis, Missouri, including Lambert-St. Louis
International Airport; or
2.
The State of Missouri or its certifying agencies, including
the Office of Equal Opportunity; or
3.
The St. Louis Minority Business Council.
COMMERCIALLY USEFUL FUNCTION
A real and actual service that is a distinct and verifiable
element of the construction services based upon private sector trade
or industry standards. An MBE or WBE performs a commercially useful
function when it is responsible for executing the ordinary and necessary
work of the construction services and is carrying out its responsibilities
by actually performing, managing, and supervising the work involved.
Factors considered in determining whether the construction services
constitute a commercially useful function include but are not limited
to the amount of construction services subcontracted, industry practices,
whether the amount the MBE or WBE is to be paid under the contract
is commensurate with the construction services it is actually performing,
whether the MBE or WBE has the skill and expertise to perform the
construction services for which it is being utilized, whether the
MBE or WBE is responsible, with respect to materials and supplies
used on the contract, for negotiating price, determining quality and
quantity, ordering, installing (where applicable), and paying for
the material and supplies itself, and credit claimed for its performance
of the construction services.
CONSTRUCTION SERVICES
All services related to the construction phase of a project,
including professional services ancillary to construction, such as
but not limited to architectural, engineering, land surveying, testing,
and construction management services; except, however, that the provisions
of this section shall not apply to contracts to be paid in whole or
part with funds from the United States Government or the State of
Missouri to the extent that such provisions are inconsistent with
requirements, terms, or conditions imposed by those governments, or
to highway projects as to which Disadvantaged Business Enterprise
goals are applicable.
SUBCONTRACTOR
A business enterprise that directly contracts with a contractor
or another subcontractor to perform construction services on a City
contract.
SUPPLIER
A business enterprise that directly contracts with a contractor
or subcontractor to provide materials, supplies, or equipment for
a City contract and is a regular dealer, manufacturer, manufacturer's
representative, or broker.