COUNTY OF ERIE/CITY OF BUFFALO
JOINT M/WBE CERTIFICATION COMMITTEE
OF WESTERN NEW YORK
RULES AND REGULATIONS
(Source: Erie County Division of Equal Employment Opportunity)
CERTIFICATION COMMITTEE MEMBERSHIP
A. The Certification Committee shall consist of the following representatives:
Charley H. Fisher, III
Minority and Women Business Enterprise Coordinator
County of Erie
Division of Equal Employment Opportunity
95 Franklin Street- 16th Floor
Buffalo, New York 14202
John Sporozoa
Purchasing Agent
Buffalo Board of Education
408 City Hall
Buffalo, New York 14202
Bonnie F. Russell
Affirmative Action/ Equal Employment Opportunity Officer
City of Buffalo
Mayor's Office of Contract Compliance
620 Main Street
Buffalo, NY 14202
LaVone Currie
Contract Compliance Officer
Buffalo Municipal Housing Authority
300 Perry Street
Buffalo, NY 14204
Louis Vancanti
Buyer
Buffalo Sewer Authority
1038 City Hall
Buffalo, New York 14202
The Certification Committee shall have a Chair Person and a Vice-Chair Person/Secretary, who both shall be members of said Committee.
PURPOSE
A. The purpose of the County/City M/WBE Joint Certification Committee is to certify bona fide minority Business Enterprises and Women-owned Business Enterprises, which certification is to be recognized by all participating municipalities, authorities, etc. Certification by the Committee will certify that the M/WBE in question is legitimately owned and controlled by minority persons (MBE), women (WBE) or both (M/WBE).
B. Upon reasonable cause, the County/City Joint Certification Committee may suspend and/ or revoke the certification of any M/WBE previously certified by said Committee.
C. When deemed necessary, the County/City Joint Certification Committee will function as an informational clearing house in matters relating to said bona fide M/WBE companies.
PROCESS OF CERTIFICATION (APPROVAL AND DISAPPROVAL)
A. A County/City Joint Certification Committee M/WBE Disclosure Application (Exhibit AA@) is to be completed and submitted to all members of the County/City Joint Certification Committee by the applicant.
B. After the application is received by all Committee members, it will be reviewed for accuracy. Notification will be sent from the Chair Person of the Committee regarding a scheduled interview date, along with any additional information needed.
C. The Committee will certify in accordance with the applicable Federal, New York State, County of Erie, and City of Buffalo guidelines.
D. The Committee reserves the right to make on-site visits, with or without notice to both the pending applicants, and also present certified M/WBEs. The Committee further reserves the right to inspect any documents which the Committee deems necessary to assist in the certification process.
E. When it is found, or is reasonably believed, that an M/WBE which has been previously certified by the Committee is in violation of one or more of the applicable Federal, New York State, County of Erie, or City of Buffalo guidelines, the Committee may suspend certification of said M/WBE by sending a Notice of Suspension to the M/WBE business addresses which is listed on the application of said company.
a. Notice of Suspension is to be sent by certified United States mail;
b. Notice of Suspension shall contain:
1. Notice of Hearing, including the date, time and place of hearing; and
2. An outline of information requested to be produced at said hearing.
F. If the Committee is satisfied after said hearing that the suspended M/WBE is legitimately owned and operated in accordance with the applicable Federal, New York State, County of Erie, and City of Buffalo guidelines, the Committee shall restore the suspended certification.
G. If the Committee is not satisfied after said hearing that the M/WBE is legitimately owned and operated in accordance with said guidelines, the Committee may revoke the certification of said M/WBE.
H. When the Committee finds that a prime contractor has not demonstrated a good faith effort to meet applicable M/WBE goals, the Committee may notify the contracting agency of such findings and the Committee may recommend these findings be used as evidence of irresponsibility for purposes of future bids by said prime contractor.
IV. COMMITTEE MEETINGS
A. The County/City Joint Certification Committee shall meet at least once per month, and as often as necessary to execute its purpose as stated herein.
CONSIDERATION OF APPLICANTS FOR CERTIFICATION
A business enterprise, in order to be certified as an M/WBE must demonstrate the following:
A. That is an independent business concern, performing a commercially useful function, which is owned and controlled by a minority/female.
1. For the purpose of this regulation, minority group members are persons of African decent, Spanish Speaking Americans, Asians, and Native Americans.
B. That the business has functioned for at least one (1) year and that it has an observable history of its functions.
C. That the minority/female ownership has a risk of loss/share of profit commensurate with its proportional ownership of the business.