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Chapter 502: Cuyahoga County Based Business Preference Program
Section 502.01 Program
There is hereby created a Cuyahoga County Based Business (CCBB) Preference Program.
(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.02 Definitions
For purposes of Chapter 502 of the Cuyahoga County Code, a Cuyahoga County Based Business means:
A. an individual, domestic corporation, sole proprietorship, partnership, or joint venture whose principal place of business has been located in Cuyahoga County for at least three (3) years as registered in official documents filed with the Secretary of State of Ohio or the Cuyahoga County Fiscal Office. If one party to a joint venture has its principal place of business in Cuyahoga County, the joint venture shall be considered as having its principal place of business in Cuyahoga County; or
B. a business organization with a “significant economic presence” in Cuyahoga County. For purposes of this Chapter, “significant economic presence” means a business organization that has for at least three years
- Had a sales office, division, sales outlet or manufacturing facility in Cuyahoga County; and
- Pays required taxes to Cuyahoga County; and
- Has an annual gross payroll in Cuyahoga County of at least $100,000.00.
(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.03 Match-Price Preference Option for Cuyahoga County Based Business
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-Cuyahoga County business, a Cuyahoga County Based Business whose bid is within two (2) percent of the lowest bid submitted by a non-Cuyahoga County Based Business bidder shall be given the option to match the lowest bid. The option to match shall remain open for five (5) business days. If there are more than one bid from a Cuyahoga County Based Business within the two (2) percent, the opportunity to match shall go to the lower priced bid by the Cuyahoga County Based Business. If there are more than one bid from a Cuyahoga County Based 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. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.04 SBE Certification and CCBB Qualification
When a business has been certified as a county SBE, and provided it meets the other definitional requirements of Section 502.02, the business may qualify as a CCBB after at least one (1) year of continuous operation in Cuyahoga County, rather than the three (3) years required in Section 502.02.(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.05 One Preference to Apply
If a business qualifies for both the SBE preference and the County Based Business Preference on a particular purchase, contract or agreement, only the larger preference shall apply.(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.06 Application
The Cuyahoga County Based Business Preference Program applies solely to an entity with which the County is directly entering into a purchase, agreement, or contract, and not to subcontractors.(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.07 Cuyahoga County Based Business Form
A. The Department of Equity and Inclusion is directed to create a Cuyahoga County Based Business form, which shall be submitted by any entity desiring to participate in the Cuyahoga County Based Business Preference Program.B. Any entity desiring to participate in the Cuyahoga County Based Business Preference Program must submit, with and at the time of the bid, proposal or qualifications, a completed, signed and notarized Cuyahoga County Based Business form.
(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.08 Verification of Information and Denial of Designation
The Director of the Department of Equity and Inclusion is hereby authorized to investigate and verify any information submitted with the Cuyahoga County Based Business form and may reject the designation of a Cuyahoga County Based Business if he or she believes the information on the form is inaccurate or the entity is ineligible to be designated as a Cuyahoga County Based Business. The Director of the Department of Equity and Inclusion may request additional information prior to approving or rejecting the designation of a Cuyahoga County Based Business.(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.09 Appeal of Denial of Designation
If a designation of a Cuyahoga County Based Business is denied by the Director of the Department of Equity and Inclusion, the entity may submit a written complaint or appeal to the Director of the Department of Equity and Inclusion 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 Department of Equity and Inclusion upon receipt of the Director of the Department of Equity and Inclusion'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 Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.10 Effect of Denial of Designation
If a designation of a Cuyahoga County Based Business is denied by the Director of the Department of Equity and Inclusion and/or the SBE Grievance Hearing Board, the entity cannot reapply for designation as a Cuyahoga County Based Business for a period of one (1) year from the date of the notice of denial.(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.11 Waiver
The County may choose not to apply the County based Business Program to any particular purchase, agreement or contract by a Resolution of Council enacted prior to the beginning of the purchase process, or issuance of the RFQ, RFP, or bid package.(Ordinance No. O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)
Section 502.12 Biennial Review
The Department of Equity and Inclusion shall conduct a biennial review of the economic and budgetary impacts of the Cuyahoga County Based Business Program and shall submit the results to Council during the biennial budget process beginning in 2013.(Ordinance Nos. O2021-0008, Enacted 5/25/2021, Effective 5/25/2021; O2012-0020, Enacted 11/27/2012, Effective 12/28/2012)