§ 323-11. SBE Program Goals.

(a)

The city of Cincinnati's aspirational annual goal for SBE participation shall be 30% of the city's total dollars spent for construction, 15% of the city's total dollars spent for supplies/services, and 15% of the city's total dollars spent for professional services. The SBE participation rates will be monitored, tracked internally, and reported quarterly and annually to city council.

(b)

SBE participation is counted as follows:

(1)

Once a firm has been certified as an SBE as provided in Section 323-7 of this chapter, the total dollar value of the contract awarded to the SBE is counted toward the SBE participation rate.

(2)

If the prime contractor is an SBE, it shall be entitled to count the dollar value of the work performed by its own labor force toward satisfaction of the SBE participation rate.

(3)

The city of Cincinnati or a contractor may count toward its SBE rate a portion of the total dollar value of a contract with an eligible joint venture equal to the percentage of the ownership and contract performance of the SBE partner in the joint venture.

(4)

The city of Cincinnati or a contractor may count toward its SBE rate only expenditures to SBEs that perform a commercially useful function in the work of a contract as defined in Section 323-1-C2 of this chapter. To determine whether an SBE is performing a commercially useful function, the city of Cincinnati shall evaluate the amount of work subcontracted, industry practices, and other relevant factors.

(5)

Consistent with normal industry practices, an SBE may enter into subcontracts. If an SBE prime contractor subcontracts a significantly greater portion of the work of the contract than would be expected on the basis of normal industry practices, the SBE shall be presumed not to be performing a commercially useful function under the contract. In such circumstance, the SBE shall not be permitted to count toward the SBE participation goals for the contract the amounts paid to the SBE prime contractor. The SBE may present evidence to rebut this presumption to the director.

(Ordained by Ord. No. 307-2015, § 4, eff. Jan. 1, 2016)