Explanation
BACKGROUND: This ordinance amends various chapters throughout Title 39 of the Columbus City Codes. Title 39 is the portion of Columbus City Codes governing the Office of Diversity and Inclusion. These changes vary in nature from clarifying and specifying certain administrative functions to expansions of the keystone programming under the Office of Diversity and Inclusion.
As an overview, the code changes in this ordinance are as follows:
• 3901.01 Definition of terms.
o Removing the definition of “Emerging Business Enterprise.”
o Adding the definition of “Program.”
o Adding the definition of “Program member.”
o Adding the definition of “Regional Business Enterprise (RBE).”
• 3902.01 Office of Diversity and Inclusion.
o Amending the office responsibility to include assisting economically disadvantaged small, regional businesses.
• 3902.02 Duties of the Director.
o Amending the Director’s duties to include promulgating and enforcing rules and regulations for small, regional businesses in the form of a Program Manual.
• 3902.04 Workforce development.
o Replacing Workforce diversity with Workforce development. This expands the program to focus on socioeconomic factors.
• Chapter 3903 Assistance activities.
o Clarifying that assistance activities are limited to certified small and/or regional businesses, but that minority and/or women-owned businesses may continue to be certified for identification purposes, provided that such minority and women-owned businesses shall not be the beneficiaries of assistance activities until such times as City Council reauthorizes those activities pursuant to Section 3907.98 of the Columbus City Codes.
• 3904.01 Small Regional Business Enterprise Program and Regional Business Enterprise Program.
o Adding the Regional Business Enterprise (RBE) certification. This expands the certification program to businesses within the State of Ohio.
o Amending the SRBE eligibility criteria pertaining to the size of the business. The changes proposed in this ordinance would amend the eligibility to require that the small regional business size standards are proportionate to the SBA size standards, in accordance with 13 C.F.R. Part 121.
These changes will improve the effectiveness of the programs and strengthen the operations of the Office of Diversity and Inclusion as authorized under Title 39.
FISCAL IMPACT: No funding is required for this legislation.
Title
To amend Title 39 of the Columbus City Codes; and to repeal certain existing sections of Title 39, in order to update, clarify, and strengthen code regarding the operations of the Office of Diversity and Inclusion and its programs.
Body
WHEREAS, the Office of Diversity and Inclusion is dedicated to creating and implementing programs, policies, and procedures that will deliver and capture value through supplier development; and
WHEREAS, the Office of Diversity and Inclusion assists economically disadvantaged, local, and regional businesses with gaining greater access to procurement opportunities and resources to build viable and sustainable businesses; and
WHEREAS, Columbus City Council seeks to further the mission of supporting economically disadvantaged, local, and regional businesses by creating additional pathways to procurement opportunities; NOW, THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That Sections 3901.01, 3902.01, 3902.02, 3902.04, 3904.01, 3904.02, 3906.02, 3906.03, 3907.02 and Chapter 3903 of the Columbus City Codes are hereby amended per the attachment to this ordinance.
SECTION 2. That existing Sections 3901.01, 3902.01, 3902.02, 3902.04, 3904.01 3904.02, 3906.02, 3906.03, 3907.02 and Chapter 3903 of the Columbus City Codes are hereby repealed.
SECTION 3. That City Council finds and determines that while the Office of Diversity and Inclusion may continue certifying Minority-Owned Business Enterprises (MBEs) and Women-Owned Business Enterprises pursuant to Title 39, the MBE/WBE certification shall not entitle businesses to receive program benefits until such time as City Council reauthorizes the MBE/WBE Program as provided for in Section 3907.98 of the Columbus City Codes.
SECTION 4. That City Council further finds and determines that providing benefits such as bid discounts and incentive credits to SRBEs and RBEs certified pursuant to Title 39 is substantially related to achieving the City’s compelling interest in stimulating local and regional economic development and Council hereby authorizes the Office of Diversity and Inclusion to establish a SRBE Program and a RBE Program in accordance with Section 3907.98 of the Columbus City Codes to provide for such benefits.
SECTION 5. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.