(a) If the Director is unable to demonstrate a legally sufficient basis in evidence of past or present discrimination against MBEs and FBEs as provided in Section 187.28, the Director shall cause the following notice to be included in advertisements for invitations to bid and in requests for proposals: “Under the Cleveland Area Business code, each Business Enterprise seeking to do business with the City as a Cleveland Area Small Business (“CSB”) must first be certified by the City’s OEO before it may contract with the City as a CSB. Therefore, if CSB status has not been previously obtained, any prime Contractor wishing to receive credit for making a good-faith effort to use a CSB shall ensure that applications for certification as to CSB status, compliance with the Code, employment compliance and, if applicable, joint venture status, are submitted to the City’s OEO prior to the date of bid opening or submission of proposals or as specified by regulations. Failure to comply with the Cleveland Area Business Code or with representations made on these forms may result in denial or cancellation of the contract or other civil or criminal penalties.”
(b) If the Director is able to demonstrate a legally sufficient basis in evidence of past or present discrimination against MBEs and FBEs as provided in Section 187.28, the Director shall cause the following notice to be included in advertisements for invitations to bid and in requests for proposals: “Under the Cleveland Area Business Code, each Business Enterprise seeking to do business with the City as a Cleveland Area Small Business, Minority Business Enterprise (“MBE”) and/or Female Business Enterprise (“FBE”) first must be certified by the City’s Office of Equal Opportunity before contracting as a CSB, MBE, or FBE. Therefore, any prime Contractor wishing to receive credit for making a good-faith effort to use a CSB, MBE, and/or FBE shall submit applications for certification as to CSB, MBE, and/or FBE status, compliance with the Code, affirmative action in employment and, if applicable, joint venture status, to the City’s Office of Equal Opportunity prior to the date of bid opening or submission of proposals or as specified by regulations. Failure to comply with the Cleveland Area Business Code or with representations made on these forms may result in denial or cancellation of the contract or other civil or criminal penalties.”
(Ord. No. 77-08. Passed 2-4-08, eff. 3-15-08)