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SECTION 10-1.POLICY: <br /> The City of Decatur encourages a diverse workforce for all municipal procurement and public works projects. <br /> Toward that end,the City establishes goals for participation by Minority Business Enterprises(MBE)and minority <br /> workers for public works contracts,and incentives for procuring equipment,supplies and services for the city <br /> government from MBEs.The objectives of the minority participation goals include: <br /> A. Ensuring non-discrimination in the award and administration of City public works contracts; <br /> B. Encouraging a level playing field on which MBE and minority workers can compete fairly for City public <br /> works and written procurement contracts awarded based on formal submission of bids; <br /> C. Helping to remove barriers to the participation of MBE and minority workers in the City's municipal <br /> procurement and public works contracts; <br /> D. Promoting the use of MBE and minority workers in City public works projects; <br /> E. Ensuring that the minority participation goals are narrowly tailored in accordance with applicable law; <br /> F. Providing appropriate flexibility to contractors in establishing and providing opportunities for MBE <br /> inclusion and minority worker recruitment; <br /> (Amended,Ordinance No.2020-124,August 3,2020) <br /> SECTION 10-2.DEFINITIONS: <br /> A. MINORITY:For purposes of this Article,the City hereby adopts and incorporates by reference"minority <br /> person"as defined in the Illinois Business Enterprise for Minorities,Females and Persons with Disabilities <br /> Act,30ILCS 575/2. <br /> B. MINORITY BUSINESS ENTERPRISE(MBE):A business that is owned and controlled by minorities. <br /> There must be not less than 51 percent minority ownership of the business,and the minority ownership <br /> must control the management and daily operations of the business. <br /> C. PUBLIC WORKS CONTRACTS. All City contracts entered into for the repair,remodeling,renovation or <br /> construction of public buildings,structures and rights of way. <br /> D. PUBLIC WORKS PROJECTS. All City projects entered into for the repair,remodeling,renovation or <br /> construction of public buildings,structures and rights of way. <br /> (Amended,Ordinance No.2020-124,August 3,2020) <br /> SECTION 10-3.MINORITY PARTICIPATION GOALS IN PUBLIC PROJECTS: <br /> A. As allowed by law,Contractors for City public works projects shall make a good faith effort to comply <br /> with the following minimum goals:(1)Ten(10)percent of the total dollar amount of the contract should <br /> be performed by Minority Business Enterprises if subcontracting opportunities are available and/or ten(10) <br /> percent of the total dollar amount of the contract should be for the purchase of goods,materials and ' <br /> equipment to be used for the public works project from Minority Business Enterprises with the ten(10) <br /> percent goal being met separately or in combination;and (2)Eighteen(18)percent of the total hours <br /> worked should be performed by minority workers. <br /> B. In addition to the provisions of Section 10-3(A)above,where a proposal or bid for a public works contract <br /> meets or exceeds twenty percent(20%)of the total dollar amount of the contract,the City will award a two <br /> percent(2%)bonus of up to a maximum of fifty thousand dollars($50,000). Payment of this extra amount <br /> or bonus will be made at the end of the contract and after the City has verified and documented that MBE <br /> expenditures met or exceeded twenty percent(20%)of total contract value. <br /> C. Subcontracting is not required for a City project.If a subcontractor is used,the contractor shall make a <br /> good faith effort to meet the City's minority participation goals in the selection of subcontractors. <br /> D. A contractor shall provide evidence of meeting the City's minority participation goals as directed and <br /> required by the Public Works Director or provide evidence that it made a good-faith effort to meet the <br /> goals. <br /> E. A good faith effort means the contractor took reasonable and necessary steps to achieve the minority <br /> participation goals."Good faith"means the contractor actively and aggressively sought participation by <br /> MBE sub-contractors or vendors or minority workers.The City shall consider the quality,quantity and <br /> H-2 <br />