(a) Businesses, including joint ventures aiming to participate in City contracts as an MBE, must complete and submit a dedicated MBE application. The applications must be signed by the business entity's authorized representative and notarized. A business seeking MBE certification must submit the required application.
(b) The Minority Business Coordinator will assess the eligibility of a business for MBE status using the following criteria:
(1) Proof of genuine minority group membership.
(2) Verification of independent and substantial ownership and control by minorities.
(3) The power of the minority owner(s) to guide the firm's management, policies, and daily operations.
(4) Verification that non-minority owners are not disproportionately responsible for the firm's operation.
(5) Direct holding of securities by minorities.
(6) Real and substantial contributions of capital or expertise by minority owners.
(7) Evaluation of the timing of new or recently changed firms.
(8) Review any previous employer-employee relationships among the owners.
(9) Investigation of any relationship between an MBE and a non-MBE that might conflict with ownership and control requirements.
(c) A joint venture qualifies if an association of a DBE or MBE firm and one or more other firms exist to carry out a single, for-profit business enterprise, for which the parties combine their property, capital, efforts, skills and knowledge, and in which the DBE is responsible for a distinct, clearly defined portion of the work of the contract and whose share in the capital contribution, control, management, risks, and profits of the joint venture are commensurate with its ownership interest.
(d) Businesses aspiring to be certified as an MBE or joint venture MBE must furnish additional information to the City as requested by the Minority Business Coordinator.
(e) If the Minority Business Coordinator concludes that the applicant is a genuine MBE, certification will be granted with an MBE number. Certification remains valid for up to twenty-four months, so long as the application information remains accurate.
(f) Once certified, MBEs are to update their applications annually or bi-annually as needed. In case of any change in ownership or control, the MBE must file a new application.