§ 3-601. Definitions.

(a)

The following definitions apply to this division 4:

(1)

Agency. Any public or private entity that receives 66 percent of its funding from the city or any entity with the authority to recommend city tax increment financing or city tax abatements.

(2)

Agency head. The individual authorized to act on behalf of an agency.

(3)

Business. An individual, corporation, partnership, limited liability company, or other recognized business association that may lawfully be established for the purpose of conducting a for-profit business within the state.

(4)

City. The City of Kansas City, Missouri.

(5)

Construction contract. A contract for the construction, reconstruction, improvement, enlargement or alteration of any fixed work or construction site preparation, the majority of which is paid for out of city or agency funds.

(6)

Construction supply contract. A contract for the purchase of construction materials, supplies, articles or equipment intended to be used or consumed on a construction contract, the majority of which is paid for out of city or agency funds.

(7)

Department. The human relations department (HRD), or the division within the city manager's office that is assigned to perform the tasks delegated to the human relations department.

(8)

Department director. The individual appointed by the city manager to be responsible for a city department or the manager of procurement services when acting on behalf of a department director or the city.

(9)

Director. The director of the human relations department or his authorized representative, or the person designated by the city manager to perform the tasks delegated to the human relations department.

(10)

Eligible contract. Any construction contract or construction supply contract estimated by the city or agency prior to solicitation as having a value less than $300,000.00, and all other professional services or supplies city or agency contracts having a value less than $117,000.00, the majority of either of which is paid for out of city funds or in which an agency is a party.

(11)

Invitation for bid. A request or invitation for submission of an offer to enter into a contract pursuant to a competitive bidding process.

(12)

Kansas City Metropolitan Area. The Missouri counties of Cass, Clay, Jackson and Platte and the Kansas counties of Johnson, Leavenworth and Wyandotte.

(13)

Person. An individual, corporation, partnership, limited liability company, or other recognized business association which may lawfully be established for the purpose of conducting a for-profit business within the state.

(14)

Principal place of business. The location at which the business records of the SLBE applicant are maintained and the location at which the individual who manages the concern's day-to-day operations spends the majority of his/her working hours.

(15)

Request for proposals. An invitation for submission of an offer to enter into a contract pursuant to a negotiated process and not a competitive bid, including requests for qualifications.

(16)

Professional services or supplies. The term includes contracts for purely labor-related services up to and including highly technical or specialized services and design professional services, as well as contracts for the purchase of materials, supplies, articles or equipment intended to be used or consumed by the city or agency procuring the same, provided however that the term excludes construction contracts and construction supply contracts.

(17)

Small local business enterprise (SLBE). A for-profit business that:

a.

Is at least 51 percent owned, managed and independently controlled by the applicant(s); and

b.

Exists independently and is not an affiliate or subsidiary of any other business.

c.

Is able to demonstrate that they have the skill and expertise to perform in the particular area(s) of work for which they are seeking certification; and

d.

Has a real and substantial presence in the Kansas City Metropolitan Area. A business enterprise shall be deemed to have a real and substantial presence in the Kansas City Metropolitan Area if:

1.

The business' principal place of business is in the Kansas City Metropolitan Area.

2.

The business maintains the majority of its full-time employees in the Kansas City Metropolitan Area.

3.

The business has transacted business more than once in the Kansas City Metropolitan Area within the last two (2) years; and

e.

Has annual gross receipts that, when added with those of its subsidiary or subsidiaries and averaged over three consecutive years, do not exceed five percent of the applicable business size standard for the SBA General Contractor Classification which is equivalent of the NAIC code 236220 as established in 13 CFR 121.201, as amended; and

f.

Is certified by the human relations department as a small local business enterprise.

(18)

SLBE directory. A source list compiled by the human relations department containing names and addresses of SLBEs eligible to participate in the SLBE program.

(19)

SLBE program. The small local business enterprise program as enacted in this division.

(Ord. No. 130041, § 6, 3-21-13)