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(2) The goals for minority group employment levels and minority enterprise subcontract levels to <br /> be achieved by contractors with the City for construction are hereby set at 18%. <br /> (3) On an annual basis the City Council shall review the levels of minority business enterprise <br /> participation for the City's contracting, subcontracting and work force participation, and shall in <br /> addition annually review minority population totals and percentages for the St. Joseph County <br /> area. After said reviews, the City Council may adjust the percent goals for contracts, <br /> subcontracts and work force participation to reflect a more representative share of the minority <br /> population or available market of minority business enterprises. <br /> (4)In determining the MBE/WBE participation on a contract,the following facts will be taken <br /> into consideration: <br /> (a) On contracts where the estimated material portion of the contract exceeds thirty <br /> percent (60%) of the project cost and the materials in question are not available to be <br /> furnished through City certified MBE/WBE firms, the Diversity Compliance Officer or <br /> his designee is authorized to effect reductions in the goals for the project to reflect the <br /> unavailability of the materials. It is intended that this provision will only be utilized for <br /> projects involving major equipment items such as pipe, equipment, fabrications, etc. <br /> (b) The costs of materials which will be used in determining the MBE/WBE participation <br /> at the time of bid shall be those estimates as compiled by the City of South `Bend. The <br /> City's adjusted goal will be the official goal on any particular project subject only to other <br /> provisions of this ordinance. <br /> (5)In all instances, any MBE/WBE company performing under a contract with the City of South <br /> `Bend may only claim, as part of his/her MBE/WBE participation, those materials which the <br /> company purchases and actually fully installs as part of their responsibility under the contract, if <br /> such work is listed as one of the areas of expertise under which the company is certified or <br /> recognized to perform. <br /> (6) If a certified or recognized material supplier exists, that portion of the contract filled by the <br /> supplier will count directly against the 15% MBE & 3% WBE goals and will not be adjusted <br /> according to the Project Labor Agreement. The percent of the total contract price which is <br /> performed by the material supplier shall first be deducted from the City's goals, i.e.: eighteen <br /> percent (15%) in the case of minority business enterprises and six percent (3%) in the case of <br /> woman-owned business enterprises. Any remaining MBE/WBE percentage which the material <br /> supplier has failed to satisfy shall then be adjusted according to Project Labor Agreement. The <br /> prime contractor shall then have to make a good faith effort to provide subcontracts to minority <br /> or woman-owned companies, as the case may be, to fulfill the City's goals. <br /> See. 14.5-8. Award of Contracts to WNME Enterprises. <br /> (1)If, during any fiscal year, bids are being sought by the City for a contract to provide supplies, <br /> services or construction and the City has not achieved the goal established in accordance with <br /> Section of this Chapter, the contract shall be awarded to the lowest bidding minority <br /> business enterprise meeting contract specifications unless it appears that the minority business <br /> enterprise's bid is unreasonably priced or the minority business enterprise's bid is neither in the <br /> best interest of the City nor the lowest and best bid. All other factors being equal, preference <br />