§ 2-1453. Certification of African American-, Asian Pacific American-, Hispanic American-, and female-owned businesses.

(a)

Application for certification. AABEs, APABEs, HABEs, or FBEs who wish to be certified as such by the office of contract compliance must submit a written certification application on a form approved and provided by the office of contract compliance.

(b)

Standards. The office of contract compliance shall determine the eligibility of AABEs, APABEs, HABEs, and FBEs to be certified according to the following standards:

(1)

The owner of an MFBE must be an African American, Asian Pacific American, Hispanic American, or female. Bona fide racial or ethnic group memberships shall be established on the basis of the individual's claim that he or she is African American, Asian Pacific American, or Hispanic American as defined in section 2-1443, and is so regarded by that particular racial or ethnic community.

(2)

The business enterprise seeking certification must be a for-profit entity that is independent and continuing.

(3)

The MFBE owner(s) listed on the certification application must "own" and "control" the business, as those terms are defined in section 2-1443 above;

(4)

The MFBE must be able to demonstrate that it is or will be performing a commercially useful function; and

(5)

The MFBE must be located in the Atlanta Region.

(c)

The office of contract compliance will certify the applicant as an AABE, APABE, HABE, or FBE, or provide the applicant with written justification of denial of certification, within 90 days after the date that the office of contract compliance receives a satisfactorily completed application from the applicant.

(d)

The office of contract compliance will review and evaluate applications, and may reject an application based on one or more of the following:

(1)

The applicant does not meet the requirements for certification as an AABE, APABE, HABE, or FBE as set forth in subsection 2-1453(b).

(2)

The application is not satisfactorily completed within a reasonable period of time, as determined by the office of contract compliance.

(3)

The application contains false information.

(4)

The applicant does not promptly provide required information in connection with the certification review conducted by the office of contract compliance.

(e)

Certification denial. If an AABE, APABE, HABE, or FBE applicant is denied certification on the basis of information submitted, the business cannot reapply for certification for a period of one year from the date of the notice of denial, provided that such business shall have the right to appeal such denial under section 2-1454, and to be certified if such appeal is decided in its favor.

(f)

Investigation. The office of contract compliance shall investigate, including on-site investigation if necessary, African American, Asian Pacific American, Hispanic American, and female business ownership arrangements beyond formal documents submitted by such businesses if

(1)

The business is applying for certification with the city for the first time;

(2)

The business is newly formed or the business has African American, Asian Pacific American, Hispanic American, and/or female ownership of less than 100 percent;

(3)

There is a previous or continuing employer-employee relationship between or among present owners;

(4)

A business which is not an AABE, APABE, HABE, or FBE has an interest in such entity;

(5)

The ownership of the business has changed since documents have been submitted to the office of contract compliance;

(6)

A review of the documents submitted with the application raises concerns regarding either ownership or control of the business; and/or

(7)

The director of the office of contract compliance deems it appropriate.

(g)

Term. The certification as an AABE, APABE, HABE, or FBE shall expire two years from the date of the approval of the application. Following the expiration date, a business is no longer a certified AABE, APABE, HABE, or FBE. An African American-, Asian Pacific American-, Hispanic American-, or female-owned business must submit a new application for certification as an AABE, APABE, HABE, or FBE and establish that it continues to meet the requirements in this section in order to be certified as an AABE, APABE, HABE, or FBE.

(h)

Graduation. Certified AABEs, APABEs, HABEs, or FBEs shall be deemed graduated from being certified as AABEs, APABEs, HABEs, or FBEs when the MFBE has been certified for ten consecutive years, unless the certified AABE, APABE, HABE, or FBE continues to qualify as an SBE pursuant to section 2-1357 and section 2-1363, in which case it may continue to be certified as an AABE, APABE, HABE, or FBE, respectively. The office of contract compliance will nevertheless continue to ensure that African Americans, Asian Pacific Americans, Hispanic Americans, and females are not discriminated against in the procurement process, whether or not such companies are eligible for certification as MFBEs.

(i)

Decertification. The office of contract compliance may decertify a business that it finds is not or is no longer a bona fide AABE, APABE, HABE, or FBE. Businesses decertified for reasons other than by voluntary request may not apply for recertification for such time as may be specified, up to one year. A business that is decertified may file an appeal under section 2-1454. Any of the following reasons, which are not intended to be all-inclusive, are sufficient grounds for decertification:

(1)

The business has changed to the extent that it no longer satisfies the ownership, control, and/or other requirements set forth in subsection 2-1453(b);

(2)

The business fails to submit within a reasonable time period information requested by the office of contract compliance;

(3)

The business ceases to be a viable enterprise for profit because of involuntary bankruptcy, dissolution or other cessation of commerce.

(4)

Information or evidence that was not available to the office of contract compliance at the time the firm was certified is now available, and said information, if known at the time of certification review would have resulted in a denial of certification.

(5)

Information was concealed or misrepresented by the firm in connection with the certification application or review conducted by the office of contract compliance.

(6)

A change in the certification standard or requirements of the city has occurred since the certification of the firm.

(j)

Continuing duty. Certified AABEs, APABEs, HABEs, and FBEs shall be under a continuing duty to inform the office of contract compliance in writing of any changes in the AABE's, APABEs, HABE's, or FBE's business if, as a result of such changes, the AABE, APABE, HABE, or FBE no longer satisfies the requirements of subsection 2-1453(b).

(Ord. No. 2009-78(09-O-1876), § 12, 12-15-09)