In this subtitle, the following terms have the meanings indicated unless the context clearly requires a different meaning. “Baltimore City Market Area” means Baltimore City, Baltimore County, Anne Arundel County, Howard County, Harford County, Carroll County, and Queen Anne’s County. “Bid” means a response to:an invitation to bid; or a request for proposals. “Business enterprise” means a corporation, limited liability company, partnership, individual, sole proprietorship, joint stock company, joint venture, professional association, or any other legal entity operated for profit that is properly licensed and otherwise authorized to do business in the State of Maryland. “Chief” means the Chief of the Minority and Women’s Business Opportunity Office. “Construction” means building, altering, repairing, improving, or demolishing any structure, building, street, utility, or other improvement to real property. “Construction” includes:building construction; heavy construction (road construction and bridge construction); and specialty trades construction (e.g., carpentry, electrical, and plumbing). “Contracting agency” means the City agency, department, or authorized representative that issues invitations to bid or requests for proposals. “Contractor” means the person, firm, or legal entity with which the City has entered into an agreement. “Joint venture” means an association between business enterprises that provides for the sharing of economic interest. “Manufacturer” means a business enterprise that:produces goods from raw materials or substantially alters or fabricates them before resale; and assumes the actual and contractual responsibility for providing the materials and supplies. “Office” means the Minority and Women’s Business Opportunity Office. “Purchasing” means the buying, renting, leasing, or otherwise obtaining or acquiring any supplies, materials, equipment, or services. “Sole proprietorship” means a business enterprise that is 100% owned, operated, and controlled by 1 individual. “Subcontractor” means a business enterprise that has a direct contract with a contractor to perform part of the work on a contract. “Supplier” means a business enterprise that:furnishes needed items to a contractor; and either:is involved in the manufacture or distribution of the supplies or materials; or otherwise warehouses and ships the supplies. Ord. 00-098 Ord. 07-606 Ord. 16-595 Ord. 22-124

The provisions of this subtitle are to be liberally construed to accomplish its policies and purposes. Ord. 00-098 Ord. 16-595 Ord. 22-125

The Mayor and City Council makes the findings contained in this subsection, on full consideration of:the extensive findings made by an independent task force prior to the enactment of Ordinance 90-610; the evidence of significant levels of utilization disparity identified by the 2000 Disparity Study; hearings held by the City Council; the extensive findings of the 2022 Disparity Study, “The State of Minority and Women-Owned Business enterprise: Evidence from Baltimore”; the findings of the City Council that the prevalence of contract awards to large, non-local, businesses has significantly contributed to underutilization of minority and women’s business enterprises; and all other relevant facts. Past discrimination in the City’s contracting process by prime contractors against minority and women’s business enterprises has resulted in significant underutilization of minority and women’s business enterprises in contracts awarded by the City of Baltimore. As determined by the 2022 Disparity Study, this disparity has been persistent, pervasive, and statistically significant based on available vendor data. This discrimination has occurred in the major City contracting markets (construction, commodities, architectural and engineering, and services), with the effect of significant underutilization of minority and women’s business enterprises. The provisions of this subtitle are necessary to overcome the effects of past discrimination and to prevent ongoing discrimination in the City’s contracting process, while assuring that high quality goods and services are obtained through the competitive bidding process. A general objective of this subtitle is to provide a narrowly tailored remedy to ongoing effects of past discrimination, an objective that is advanced by:setting minority and women’s business enterprise goals that are flexible and rationally related to the disparity identified in the City’s contracting markets; instituting race- and gender-neutral remedies, including a Small Local Business Enterprise Program, in conjunction with the narrowly tailored administration of the MBE/WBE Program; setting goals on a contract-by-contract basis; providing criminal penalties for fraudulent misuse of this subtitle; requiring regular review of the necessity for this subtitle; limiting those minority and women’s businesses that qualify for certification under this subtitle to those located in the Baltimore City Market Area; requiring regular review of the categories included in the definition of minority- group members; and providing for post-bid submission of required information about minority and women’s business enterprises as well as other subcontractors. It is the policy of the City of Baltimore to promote equal business opportunity in the City’s contracting process by encouraging full and equitable participation by minority and women’s business enterprises in the provision of goods and services to the City on a contractual basis. Ord. 00-098 Ord. 07-606 Ord. 16-595

This subtitle applies to all contracts awarded by the City. Every contract or other agreement between the City of Baltimore and any governmental agency, quasi-governmental agency, corporation, developer, or contractor, under which the agency, corporation, developer, or contractor receives any fiscal assistance from or through the City for the purpose of contracting with businesses to perform real estate development, renovation, maintenance, or other services must require the agency, corporation, developer, or contractor to comply with this subtitle in awarding and administering that contract or agreement. Ord. 00-098

This subtitle automatically expires on June 30, 2028, unless the City Council, after causing an appropriate study to be undertaken, conducting public hearings, and hearing testimonial evidence, find that the purposes identified in this subtitle have not yet been achieved, in which case this subtitle may be extended for 5 more years. Ord. 00-098 Ord. 05-010 Ord. 06-356 Ord. 07-472 Ord. 07-524 Ord. 07-606 Ord. 11-557 Ord. 13-130 Ord. 13-188 Ord. 14-215 Ord. 14-265 Ord. 16-595 Ord. 19-269 Ord. 20-394 Ord. 21-048