§ 323-9. SLBE or ELBE Certification.

(a)

Requirements. To be eligible for certification as an SLBE, each applicant must meet the definition of an SLBE in Section 323-1-S4 of this chapter. To be eligible for certification as an ELBE, each applicant must meet the definition of an ELBE in Section 323-1-E1 of this chapter.

(b)

Ineligible Firms.

(1)

A firm is ineligible for certification as an SLBE if:

(A)

It is owned by another entity that does not meet the definition of an SLBE as defined in Section 323-1-S4 of this chapter; or

(B)

Any of its principals or owners are also the principals or owners of another entity that does not meet the definition of an SLBE as defined in Section 323-1-S4 of this chapter.

(2)

A firm is ineligible for certification as an ELBE if:

(A)

It is owned by another entity that does not meet the definition of an ELBE as defined in Section 323-1-E1 of this chapter; or

(B)

Any of its principals or owners are also the principals or owners of another entity that does not meet the definition of an ELBE as defined in Section 323-1-E1 of this chapter.

(3)

A firm that has graduated from the SLBE or ELBE program under Section 323-9(j) of this chapter is no longer eligible for certification or recertification under that same program, even if it otherwise meets the definition of the particular type of local business enterprise (SLBE or ELBE) from which it has graduated.

(c)

Certification Process.

(1)

A business seeking certification as an SLBE or ELBE must:

(A)

Submit an application to the department on the prescribed form, affirming under penalty of perjury that the business qualifies either as a city of Cincinnati SLBE, as that term is defined in Section 323-1-S4 of this chapter, or as a city of Cincinnati ELBE, as that term is defined in Section 323-1-E1 of this chapter, and is not ineligible under Section 323-9(b) of this chapter;

(B)

Provide any and all supporting materials and information required by the director; and

(C)

Attend an SLBE/ELBE orientation provided by the department to become familiar with the policies and procedures of doing business within the city. An applicant with prior experience doing business with the city may be exempted by the director from attending the orientation.

(2)

The department will review and evaluate applications and may reject an application based on one or more of the following:

(A)

The applicant does not meet the requirements of the definition of the type of local business enterprise (SLBE or ELBE) for which it has applied for certification or is ineligible for certification as provided in Section 323-9(b) of this chapter;

(B)

The application is not satisfactorily completed;

(C)

The application contains false information; or

(D)

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 for the same type of certification (SLBE or ELBE) for a period of one year from the date of the notice of denial.

(4)

Firms certified by the city as an SLBE may also be eligible for certification as an SBE.

(5)

Firms denied certification as an ELBE on the basis that they do not meet the criteria of an ELBE as defined in Section 323-1-E1 of this chapter may submit an application for certification as an SLBE or SBE.

(6)

An applicant for SLBE or ELBE certification or recertification that, during the certification or recertification process or during any certification review process, makes any deceptive or fraudulent statement or omission, or otherwise intentionally misrepresents any fact that may be considered in making a certification determination, in addition to any other penalties provided therefore, may be denied certification or recertification by the director for a period not to exceed three years.

(d)

Period of Certification. The certification is valid for a two-year period beginning on the date the city certified the applicant as an SLBE or ELBE.

(e)

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

(f)

Suspension of Certification.

(1)

Temporary Suspension from the SLBE Program.

(A)

The director shall suspend a certified SLBE from further participation in SLBE economic inclusion initiatives for the remainder of the fiscal year once the SLBE receives, as a prime contractor or subcontractor on city-funded contracts, payments in that fiscal year totaling at least $500,000.00.

(B)

An SLBE suspended under subsection (f)(1)(A) of this section may be eligible to continue to participate in the SBE program for the remainder of that fiscal year.

(2)

Temporary Suspension from the ELBE Program.

(A)

The director shall suspend a certified ELBE from further participation in ELBE economic inclusion initiatives for the remainder of the fiscal year once the ELBE receives, as a prime contractor or subcontractor on city-funded contracts, payments in that fiscal year totaling at least $250,000.00.

(B)

An ELBE suspended under subsection (f)(2)(A) of this section may be eligible to continue to participate in the economic inclusion initiatives as an SLBE for the remainder of that fiscal year.

(g)

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 the type of local business enterprise (SLBE or ELBE) for which it had been certified, 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 firm allows its certified SLBE or ELBE status to be fraudulently used to obtain economic inclusion initiative benefits for a firm that is not a certified SLBE or ELBE or for the benefit of the owners of a firm that is not a certified SLBE or ELBE. In addition to certification revocation, any participant in the fraudulent use of certified SLBE or ELBE status for the benefit of another person or entity that is not a certified SLBE or ELBE 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.

(h)

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 after certification has been granted. Certification reviews may be conducted for any business for which the director determines a certification review is warranted. Businesses subject to certification reviews must provide the director with any information requested to verify the certification eligibility of the business. 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.

(i)

Joint Ventures.

(1)

SLBEs may apply for certification of a joint venture only with other certified SLBEs on a contract-by-contract basis;

(2)

The specific responsibilities of each participating SLBE in the joint venture must be set forth in writing and submitted with the certification application;

(3)

Certified SLBE joint ventures are not subject to the size limitations imposed by Section 323-1-S4 of this chapter;

(4)

For purposes of Section 323-1-S4(h) of this chapter, payments made by the city to a certified SLBE joint venture shall be credited to each participating SLBE in the same proportion as each participating SLBE's contribution to the total contract performance;

(5)

The certification of an SLBE 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.

(j)

Graduation from SLBE or ELBE Program.

(1)

An SLBE firm must be permanently graduated from the SLBE program after either of the following has occurred:

(A)

It has received a cumulative total of $2,500,000.00 of city-funded prime contract and/or subcontract payments in at least five separate contracts since its initial certification as an SLBE firm; or

(B)

Its three most recent fiscal year average annual gross revenues exceed the size standards as defined by subsection (e) of Section 323-1-S4 of this chapter.

(2)

An ELBE firm must be permanently graduated from the ELBE program after either of the following has occurred:

(A)

It has received a cumulative total of $500,000.00 of city-funded prime contract and/or subcontract payments in at least five separate contracts since its initial certification as an ELBE firm; or

(B)

Its annual gross revenues, averaged over the life of the firm, exceed $250,000.00.

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