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(a) The Office of Equal Opportunity will certify MBE's which meets the requirements of this chapter for participation in the various programs of the City.
(b) In considering each application for certification, the OEO will determine whether persons represented in the application are members of a minority by reviewing the application and accompanying documentation, the results of staff investigations and other relevant information. Other relevant information may include birth certificates, employment records, OEO and affirmative action records and other evidence of the minority status of persons named in the application.
(Ord. 83-75. Passed 4-4-83.)
(c) In determining whether an applicant meets the requirements for participation set forth in Section 168.02(b), the OEO will review the extent to which minority or women participants have actual rights of ownership and control of the business enterprise, including the proportion of ownership and control over decision making, day-to-day operations and profit and loss. The OEO will review all information relating to the operation, management, accounts and financing of the business enterprise.
(Ord. 83-232. Passed 11-7-83.)
(d) The OEO staff, will certify MBE's using a certification form to be prescribed. Upon acceptance of this form, the staff will conduct a full review and analysis of the form. This review may include interviews and discussions with the applicant or the applicant's representative, a request for the submission of additional documentation or information and an on-site inspection by the OEO staff.
(e) Additional information and documentation may be requested by the OEO in connection with a recertification, compliance review, investigation or other process undertaken as a result of the rules set forth in this chapter.
(f) Certification shall be valid for one year, January 1 to December 31, unless revoked by the OEO. Renewal of certification shall be in accordance with the recertification procedures set forth in Section 168.08.
(g) Minority business enterprises participating in joint ventures must be individually certified in accordance with this chapter.
(h) If an MBE has not been certified by the OEO prior to its participation in a joint venture, the applications for individual certification of the joint venture may be submitted to and reviewed by the OEO simultaneously.
(i) Minority business enterprises must apply for recertification each year and it must be approved by the OEO prior to bidding for any contract.
(Ord. 83-75. Passed 4-4-83.)
(a) All applications for certification must meet the following requirements in order to be accepted by the Office of Equal Opportunity for review:
(1) All applications must be completely filled out.
(2) All required documentation must be supplied.
(3) The application must be notarized.
(b) Any application which does not meet the requirements set forth in subsection (a) hereof will not be accepted.
(c) Upon receipt of an application, the OEO staff will conduct a preliminary review.
(1) If the application is complete, it will be accepted for Division review.
(2) If the application is incomplete, it will be returned to the applicant with a notice indicating the need for additional action or material in order for the application to be accepted for review.
(d) The OEO staff may hold interviews or discussions with an applicant or an applicant's representative as part of the preliminary review process in order to assist the applicant in fulfilling the application requirements of this section.
(e) The staff review may include a financial review of the books and records of the applicant. Each applicant shall be required to grant permission for such a financial review on the application form submitted to the office.
(f) Upon completion of the staff review, the OEO staff shall prepare a report setting forth its findings and recommendations. The report and application shall be submitted for consideration by the staff in making its determination.
(Ord. 83-75 . Passed 4-4-83.)
(a) MBE or WBE certification is effective for one calendar year, beginning January 1 to December 31 of each year.
(b) Every MBE and WBE will have until January 31 after the December 31 expiration date to become recertified if it is not recertified after January 31 the MBE or WBE will not be able to participate in the MBE or WBE Program until recertified. Any MBE or WBE that wishes to participate in a contract must apply for certification at least ten calendar days prior to bid opening.
(c) Applications for recertification shall be sent by certified mail to all certified MBE's and WBE's sixty days prior to bid opening.
(d) Applications for recertification shall meet all of the requirements for application for certification set forth in Section 168.07, with all information, documents, other data and verification updated to the date of the application for recertification
(Ord 87-257. Passed 9-21-87.)
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