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The State of Minority- and Women- Owned ... - Cleveland.com

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<strong>The</strong> City <strong>of</strong> Clevel<strong>and</strong>’s Clevel<strong>and</strong> Small Business, <strong>Minority</strong> Business Enterprise, <strong>and</strong><br />

Female Business Enterprise Program: Overview <strong>and</strong> Feedback Interviews<br />

• Carry out such other oversight or coordination functions as may be requested by the<br />

Director.<br />

4. Program Remedies<br />

a. CSB Goals <strong>of</strong> Contracting Departments 323<br />

This race- <strong>and</strong> gender-neutral program was adopted in 2008 based on the findings <strong>of</strong> the 2007<br />

Disparity Study. <strong>The</strong> annual City-wide goal for CSB participation for contracts greater than<br />

$10,000.00 is 30 percent in Public Improvement Contracts; 10 percent in Pr<strong>of</strong>essional Services<br />

Contracts; <strong>and</strong> 20 percent for all other contracts or such other goal fixed by the OEO Director for<br />

a particular Contract.<br />

CSB participation will be counted towards meeting the goals as follows:<br />

• 100 percent <strong>of</strong> expenditures to CSBs that perform Commercially Useful Functions in<br />

implementation or performance <strong>of</strong> a Contract;<br />

• 100 percent <strong>of</strong> expenditures to CSB manufacturers (i.e., suppliers that produce goods<br />

from raw materials or the product <strong>of</strong> raw materials <strong>and</strong> add value by substantially<br />

altering them before resale); <strong>and</strong><br />

• 60 percent <strong>of</strong> expenditures to CSB suppliers that are not manufacturers, provided that<br />

the CSB supplier performs a Commercially Useful Function in the supply process.<br />

If a CSB subcontractor further subcontracts its participation a non-CSB subcontractor, only the<br />

work or supplies actually performed or furnished by the CSB subcontractor will be counted<br />

towards meeting the goals.<br />

No credit is given for a contractor's or a subcontractor's contract(s) for the purchase <strong>of</strong> materials,<br />

equipment, services, or supplies that are incident to the performance <strong>of</strong> services under the<br />

contract or for the general operation <strong>of</strong> its business <strong>and</strong> not attributable exclusively to the<br />

particular subcontract.<br />

A percentage <strong>of</strong> the total dollar value <strong>of</strong> the contract with a CSB Joint Venture equal to the<br />

percentage <strong>of</strong> CSB’s participation in the Joint Venture will be counted towards meeting the goal.<br />

<strong>The</strong> CSB must be responsible for performance <strong>of</strong> a clearly defined portion <strong>of</strong> the work to be<br />

performed, equal in proportion to its share in the ownership, control, management, responsibility,<br />

risk, <strong>and</strong> pr<strong>of</strong>its <strong>of</strong> the Joint Venture.<br />

Contractors must use CSBs to perform a Commercially Useful Function during the<br />

implementation or performance <strong>of</strong> the contract. Failure to do so will be a material breach <strong>of</strong> the<br />

323 C.O. § 187.06.<br />

NERA Economic Consulting 293

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