§ 2-201. Definitions.

Words or phrases not defined in this chapter, but defined in applicable state law or the Code of DeKalb County, as revised 1988, shall be given that meaning. All other words or phrases shall be given their common ordinary meaning unless the context requires otherwise. The following words, terms, and phrases, when used in this chapter shall have the meanings ascribed to them below except where the text clearly indicates a different meaning:

Affiliate means any business, including, but not limited to, a parent business, subsidiary business or a sibling business, that has any of the following relationships to another business:

(1)

Directly or indirectly owns or holds with the power to vote, five (5) percent or more of the outstanding voting securities of such other business;

(2)

Five (5) percent or more of whose outstanding voting securities are directly or indirectly owned or held with power to vote by such other business; or

(3)

Directly or indirectly controlling, controlled by, or under common control with such other business. For the purposes of this definition, the term "control" means the power to exercise a controlling influence over the management policies of a business.

Business shall mean any association, cooperative, corporation, individual, joint venture, limited liability corporation (hereinafter referred to as "LLC"), partnership, sole proprietorship, trust or other legal entity.

Business concern shall mean a business entity organized for profit interested in doing business with DeKalb County.

Decertification event shall mean any occurrence, infraction, or event that causes a business to be decertified as an LSBE or denied recertification as an existing LSBE.

Director shall mean the director of the DeKalb County Purchasing and Contracting Department or his/her designee.

DeKalb County shall mean DeKalb County, Georgia (hereinafter referred to as "DeKalb County" or "county").

Invitation to bid shall mean the complete assembly of related documents, whether attached or incorporated by reference, furnished through advertisement to prospective bidders for the purpose of inviting bids.

Local and small business enterprise (hereinafter referred to as "LSBE") shall mean a business concern, certified under the requirements of this article as a local LSBE or a MSA LSBE.

LSBE DeKalb firm shall mean a business located and operated in DeKalb County, Georgia.

(1)

For the purposes of this definition, to be "located" in DeKalb County means to have a physical presence within the geographic boundaries of DeKalb County such as having office space, a plant, warehouse, or other physical business facility presence (not including a post office box), for at least one (1) year prior to submitting an application for LSBE certification.

(2)

For the purpose of this definition, to "operate" in DeKalb County means to be the current holder of a valid business license issued by DeKalb County at least one (1) year prior to submitting an application for LSBE certification.

LSBE MSA firm shall mean a business located and operated outside the geographical boundaries of DeKalb County, Georgia but within the MSA.

(1)

For the purposes of this definition, to be "located" in the MSA means to have a physical presence within the geographic boundaries of the counties within the MSA, but outside of DeKalb County such as having office space, a plant, warehouse, or other physical business facility, but specifically excluding the existence of a post office box without any other physical presence, for at least one (1) year prior to submitting an application for LSBE certification.

(2)

For the purposes of this definition, to "operate" in the MSA means to be the current holder of a valid business license issued by a local government within the MSA for at least one (1) year prior to submitting an application for LSBE certification.

LSBE review panel shall mean a panel of decision makers comprised of the director, the executive assistant, and the user department director or designee. If more than one (1) user department exists, the director will select one (1) representative to serve as the third panelist on the LSBE review panel.

Metropolitan statistical area (MSA) shall mean the geographical area consisting of Cherokee, Clayton, Cobb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale counties.

Principal place of business shall mean the business location where the business' high level officers direct, control, and coordinate the business activities and where business records are kept.

Prime contractor means (i) business concern, bidder or proposer who submits a qualified sealed solicitation to the county or (ii) a business concern that enters into a contract with the county.

Protest meeting shall mean any meeting between an LSBE and the executive assistant in response to a possible or potential denial of certification or a decertification event.

Public works construction has the same meaning as it is given in state law, O.C.G.A. § 36-91-2, now and as it may be amended hereafter.

Purchasing and contracting department (hereinafter referred to as "department") shall mean the DeKalb County Purchasing and Contracting Department.

Qualified sealed solicitation shall mean any invitation to bid or request for proposal issued by DeKalb County and released for response to bidders and proposers after the effective date of this article.

Receipts shall mean total income (or in the case of sole proprietorship, "gross income") plus "cost of goods sold" as these terms are defined or reported on Internal Revenue Service (IRS) federal tax return forms; Form 1120 for corporations; Form 1120S for Subchapter S corporations; Form 1065 for partnerships; and Form 1040, Schedule F for farm or Schedule C for sole proprietorships.

Request for proposals shall mean the complete assembly of related documents, whether attached or incorporated by reference, furnished to prospective responders for the purpose of soliciting proposals.

Small business shall mean an independently owned and operated business concern who meets the requirements of section 2-203.

Subcontract shall mean an agreement between a subcontractor and a contractor, pursuant to which the subcontractor will provide to the contractor equipment, goods, materials, services, or supplies.

Subcontractor shall mean a business providing equipment, goods, materials, service or supplies to a contractor.

( Ord. No. 16-11 , Pt. I, 9-27-16)