§ 324-5. Legislative Findings, Policy and Purpose.

(a)

The council of the city of Cincinnati finds, based on the disparity study, that:

(1)

There is evidence of disparities in the city's utilization of MBEs and WBEs in city purchasing and contracting;

(2)

There is evidence of the existence in the Cincinnati market area of discriminatory practices and attitudes that impede the full and fair participation of MBEs and WBEs as prime contractors in city contracts for construction, professional services, and non-professional services and supplies;

(3)

There is evidence of discrimination in the city's contracting process by prime contractors against MBEs and WBEs resulting in the underutilization of MBEs and WBEs as subcontractors in contracts awarded by the city of Cincinnati;

(4)

It is in the best interest of the city to adopt measures to eliminate barriers that prohibit full and fair participation of MBEs and WBEs in city contracts;

(5)

Race- and gender-neutral remedies alone will not adequately remedy existing disparities in city contracting, as evidenced by the fact that the city has had a race- and gender-neutral program for small business enterprises for more than ten years and the disparity study found that MBEs and WBEs continue to be underutilized; and

(6)

Race- and gender-conscious remedies are also necessary in order to provide opportunities for full and fair participation of MBEs and WBEs in city contracts.

(b)

It is the policy of the city of Cincinnati to promote equal business opportunity in the city's contracting process by ensuring full and equitable participation by MBEs and WBEs in the provision of goods and services to the city on a contractual basis. This policy is intended to further the city's compelling interest in stimulating economic development through the support and empowerment of all segments of the local business community.

(c)

The purpose of the MBE and WBE program is to provide a necessary race- and gender-conscious tool for the city to use, along with its race- and gender-neutral programs, to ensure that all segments of its local business community have a reasonable and significant opportunity to participate in city contracts. The program shall be regularly evaluated using accumulated availability and utilization data to determine whether specific program provisions may require modification, expansion or curtailment during the effective period of this chapter.

(Ordained by Ord. No. 308-2015, § 1, eff. Jan. 1, 2016)