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Subchapter 9. Nondiscrimination In Public Works Contracting In The California Community Colleges. Definitions.   

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The following definitions apply for purposes of data collection:

(a) "Certification" means a process to identify the status of minority, women, and disabled veteran business enterprises and of other contractors or potential contractors.

(b) "Contract" includes any agreement or joint development agreement to provide labor, services, material, supplies, or equipment in the performance of a public works contract, franchise, concession, or lease granted, let, or awarded for and on behalf of the district. The term "contract" does not include payments to utility companies or purchases, leases or services secured through other public agencies and corporations, the Department of General Services, or the federal government pursuant to Public Contract Code sections 20652 and 20653 and Education Code section 81653;

(c) "Contractor" means any person or persons, regardless of any characteristic protected from discrimination under subchapter 5, commencing with section 59300, whether or not a minority business enterprise, women business enterprise, or disabled veteran business enterprise, who enters into a contract with a district.

(d) "Disabled veteran business enterprise" means a business enterprise certified as a disabled veteran business enterprise by the Department of General Services' Office of Small Business and Disabled Veteran Business Enterprise Services pursuant to Military and Veterans Code, section 999, or a business enterprise that certifies that it has met such standards.

(e) "District" means any community college district, board of trustees or officer, employee, or agent of such a district or board empowered to enter into contracts on behalf of the district.

(f) "MBE/WBE/DVBE" means a minority business enterprise, a women business enterprise, and/or a disabled veteran business enterprise. Although a business enterprise may qualify under multiple categories, the entry shall be designated in one specific category for the purposes of these regulations.

(g) "Minority business enterprise" means a business concern that meets all of the following criteria:

(1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more minority, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more minority.

(2) A business whose management and daily operations are controlled by one or more minority who own the business.

(3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business.

(h) "Women business enterprise" means a business concern that meets all of the following criteria:

(1) The business is an individual proprietorship, partnership, corporation, or joint venture at least 51 percent owned by one or more women, or in the case of any business whose stock is publicly held, at least 51 percent of the stock is owned by one or more women.

(2) A business whose management and daily operations are controlled by one of more women who own the business.

(3) A business concern with its home office located in the United States that is not a branch or subsidiary or a foreign corporation, firm, or other business.

Authority cited:

Education Code 66700

Education Code 70901

Government Code 11138

Reference:

Government Code 11135

Government Code 11139.8

(Amended by Register 2006, No. 17.)