§ 323-7. SBE Certification.

(a)

Requirements. To be eligible for certification as an SBE, each applicant must meet the definition of an SBE in Section 323-1-S3.

(b)

Certification Process.

(1)

A business seeking certification as an SBE must:

(A)

Submit an application to the department on the prescribed form, affirming under penalty of perjury that the business qualifies as a city of Cincinnati SBE, as that term is defined in Section 323-1-S3; and

(B)

If requested by the department, the applicant must provide any and all materials and information necessary to demonstrate active participation in the control, operation, and management of the business.

(2)

The department will review and evaluate applications, and may reject an application based on one or more of the following: the applicant does not meet the requirements of the definition of an SBE, the application is not satisfactorily completed, the application contains false information, or the applicant has not provided materials or information requested by the director.

(3)

The director will make a certification determination within 90 days after the date the city receives a satisfactorily completed application from the applicant. If certification is denied, the director will notify the applicant in writing and specify the reason(s) for the denial. Unless the applicant is successful in a timely appeal of the denial of certification, the applicant may not reapply to be certified as an SBE for a period of one year from the date of the notice of denial.

(4)

Firms certified as an SBE by other government agencies will be required to be certified under this chapter regardless of previous certification.

(c)

Period of Certification. The certification is valid for a two-year period beginning on the date the city certifies the applicant as an SBE.

(d)

Recertification. Upon expiration of the two-year certification period, a business that desires recertification must return a completed recertification form as provided by the director and comply with the requirements of subsections (b)(1)(A) and (b)(1)(B) of this section.

(e)

Revocation of Certification.

(1)

The director shall revoke the certification of a business if it is determined that the business was certified in error, the business no longer meets the definition of an SBE, or the business fails to provide requested information in connection with a certification review conducted by the department.

(2)

The director shall permanently revoke the certification of a business if it is determined that the certification was fraudulently obtained or that the business allows its certified SBE status to be fraudulently used to obtain the benefits of SBE certification for a firm that is not a certified SBE or for the benefit of the owners of a firm that is not a certified SBE. In addition to certification revocation, any participant in the fraudulent use of certified SBE status for the benefit of another person or entity that is not a certified SBE shall be guilty of a misdemeanor of the first degree, punishable by imprisonment for up to six months and/or a fine of up to $1,000.00.

(3)

Prior to taking formal action, the department shall provide the business with written notice of the proposed revocation. The department staff shall then prepare a recommendation regarding the proposed revocation for review by the director, who shall make a recommendation regarding revocation to the city manager for decision. The decision of the city manager or the city manager's designee is final.

(f)

Certification Reviews. The department will conduct random certification reviews of certified businesses by auditing them to verify that the information submitted by a business is accurate, and that the business remains eligible during the certification period. Certification reviews may be conducted for any business for which the city determines a certification review is warranted. Businesses subject to certification reviews must provide the department with any information requested to verify the certification eligibility of the business within seven days of the request. Audits may include one or all of the following as reasonably necessary to ensure that all eligibility standards are satisfied:

(1)

Business owner interviews;

(2)

Employee and/or subcontractor interviews;

(3)

Record and document review; or

(4)

Job site inspection.

(g)

Joint Ventures. On a contract-by-contract basis, an SBE may apply for certification of a joint venture with another SBE or, for contracts in excess of $1,000,000.00, an SBE may apply for certification of a joint venture with a non-SBE. The certification of such a joint venture will be limited to the duration of the contract for which certification as a joint venture was requested and shall terminate upon completion of the city contract for which the joint venture was formed.

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