The following definitions shall be for purposes of this chapter only, unless specifically adopted in another section of the Cranston Code of Ordinances:
"Affirmative action"means taking specific steps to eliminate discrimination and its effects, to ensure nondiscriminatory results and practices in the future, and to involve minority business enterprises fully in contracts and programs funded in whole or in part by city funds, or funds which, in accordance with federal grant, state funds or otherwise, the city expends or administers or in which the city is a signatory to a contract.
"Bidder"means any individual, organization, corporation, partnership, sole proprietorship, joint stock company, joint venture, or any other legal entity through which business is conducted and which submits a quote, offer or bid in response to the solicitation of the same by the city.
"Certified"means any bidder or contractor deemed to be certified within the meaning of this chapter.
"City"means any department, authority, governmental subdivision, or quasi-public agency of the city of Cranston (herein referred to collectively or individually as the "City" or "city").
"Compliance"means that a bidder has met and implemented the requirements of this chapter.
"Contract"means a mutual binding legal relationship or any modification thereof obligating the successful bidder to furnish supplies or services, including construction services, and the city to pay for them. For purposes of this chapter, any lease is a contract.
"Contractor"means any successful bidder who is a person or entity participating, through contract or subcontract, in any procurement, program or service covered by this chapter, including leases and material suppliers.
"Construction"means any act of building, constructing, altering, maintaining or repairing (including dredging, excavating and painting) of city buildings, structures or other real property.
"Minority"means a person who is a citizen or lawful permanent resident of the United States and who is:
1. Black. A person having origins in any of the black racial groups of Africa;
2. Hispanic. A person of Mexican, Puerto Rican, Cuban, Central or South American or other Spanish culture or origin, regardless of race;
3. American Indian or Native American or Alaskan Native. A person having origins in any of the original peoples of North America;
4. Portuguese - a person having origins in any of the original peoples of Portugal or the Azores, regardless of race; or
5. Asian. A person having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands; or
6. Members of other groups or other individuals found to be economically and socially disadvantaged by the Small Business Administration under § 8(a) of the Small Business Act, as amended 15 U.S.C. § 637(2).
"Minority business enterprise" or "MBE" and "women business enterprise" or "WBE"means a small business concern, as defined pursuant to § 3 of 15 U.S.C. § 632 (commonly known as "Federal Small Business Act") and implementing regulations, which is owned and controlled by one or more minorities. For purposes of this chapter, "owned" or "controlled" means a business:
1. Which is at least fifty-one (51) percent owned by one or more minorities or women and, in the case of a publicly owned business, at least fifty-one (51) percent of the stock of which is owned by one or more minorities or women; and
2. The management and daily business operations of which is controlled by one or more such individuals.
"MBE coordinator"means any official or purchasing agent so designated by the city as the person responsible for promotion of minority business enterprise interest within the city.
"Noncompliance"means the condition existing when a bidder, successful bidder or contractor has failed to implement the requirements of this chapter.
"Request for proposals" or "RFP"means a solicitation for competitive bids where lowest price is not the sole or primary consideration to be used in determining an award or any other solicitation that is identified and classified by the city as a request for proposals.
"Request for quotes" or "RFQ"means a solicitation for competitive offers where lowest price is not the sole or primary consideration to be used in determining an award or any other solicitation that is identified and classified by the city as a request for quotes.
(Ord. 2022-25, § 1, 7/25/2022)