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Chapter 510: Cuyahoga County Business Economic Inclusion Program

Section 510.01

There is hereby created a Cuyahoga County Business Economic Inclusion Program.

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.02

For the purposes of Chapter 510 of the Cuyahoga County Code:

“Minority Business Enterprise” means an individual, domestic corporation, sole proprietorship, partnership, joint venture, entity or company that is at least 51% owned by one or more individuals who are African American, Hispanic American, Native American, Asian-Pacific American or Asian-Indian American; and whose management and daily business operations are controlled by one or more of these owners as determined by the Cuyahoga County Office of Procurement and Diversity.

“Women Business Enterprise” means an individual, domestic corporation, sole proprietorship, partnership, joint venture, entity or company that is at least 51% owned by one or more women and whose management and daily business operations are controlled by one or more of these owners as determined by the Cuyahoga County Office of Procurement and Diversity.

“Inclusive Business” means:

  1. An individual, domestic corporation, sole proprietorship, partnership, joint venture, entity or company that demonstrated a commitment to utilizing Minority Business Enterprises and/or Women Business Enterprises as subcontractors on three projects within the past two years as determined by the Cuyahoga County Office of Procurement and Diversity; or
  2. An individual, domestic corporation, sole proprietorship, partnership, joint venture, entity or company that demonstrated that it hired and employed a diverse workforce based on payroll records within the past two years as determined by the Cuyahoga County Office of Procurement and Diversity.

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.03

Unless otherwise prohibited by state, federal or local law, or condition of said funding, when the County has solicited bids and is determining the lowest price or the lowest evaluated price for purposes of awarding a purchase, agreement or a contract, and the lowest price or lowest evaluated price is submitted by a non- Inclusive Business, an Inclusive Business whose bid is within two (2) percent of the lowest bid submitted by a non-Inclusive Business shall be given the option to match the lowest bid.  The option to match shall remain open for five (5) business days.  If there is more than one bid from an Inclusive Business within the two (2) percent, the opportunity to match shall go to the lower priced bid by the Inclusive Business. If there is more than one bid from an Inclusive Business within the two (2) percent that are equal in price, the County shall allow all bidders to provide a new bid price within two (2) business days, and the evaluation will proceed based on the new pricing. 

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.04

  1. The Office of Procurement and Diversity is directed to create a Cuyahoga County Business Economic Inclusion Program form, which shall be submitted by any entity desiring to participate in the Cuyahoga County Business Economic Inclusion Program. Where appropriate and applicable, the form shall be the same or similar to those that other governments, like the State and City of Cleveland, already have in place in an effort to make it simple and easy and to encourage greater participation.
  2. An entity desiring to participate in the Cuyahoga County Business Economic Inclusion Program must submit, with and at the time of the bid, proposal or qualifications, a completed, signed and notarized Cuyahoga County Business Economic Inclusion Program form.

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.05

The Director of the Office of Procurement and Diversity or designee is hereby authorized to investigate and verify any information submitted with the Cuyahoga County Business Economic Inclusion Program form and may reject the designation of an Inclusive Business if he or she believes the information on the form is inaccurate or the entity is ineligible to be designated as an Inclusive Business. The Director of the Office of Procurement and Diversity or designee may request additional information prior to approving or rejecting the Inclusive Business designation.  

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.06

If an Inclusive Business designation is denied by the Office of Procurement and Diversity, the entity may submit a written complaint or appeal to the Director of the Office of Procurement and Diversity who shall notify the SBE Grievance Hearing Board. The written complaint or appeal by the entity shall be made within five (5) days to the Director of the Office of Procurement and Diversity upon receipt of the Director of the Office of Procurement and Diversity’s decision. The SBE Grievance Hearing Board shall make every effort to hold the hearing no more than twenty (20) days from the date of receipt of the written compliant or appeal from the entity.

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.07

If an Inclusive Business designation is denied by the Office of Procurement and Diversity and/or the SBE Grievance Hearing Board, the entity cannot reapply for designation as an Inclusive Business for a period of one (1) year from the date of the notice of denial.

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)

Section 510.08

The Director of the Cuyahoga County Office of Procurement and Diversity or designee reserves the right and discretion to reject any bid or proposal for any reason or all bids or proposals for no reason at all without incurring any liability.

(Ordinance No. O2016-0007, Enacted 4/26/2016, Effective 4/27/2016)