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b. The City further prohibits retaliation against any person, business or other entity <br />for reporting any incident of prohibited discrimination. It is the policy of <br />Portsmouth City not to enter into a contract with any business firm that has <br />discriminated in the solicitation, selection, hiring or treatment of vendors, <br />suppliers, subcontractors or commercial customers on the basis of race, gender, <br />religion, national origin, ethnicity, age, or disability, or on the basis of any <br />otherwise unlawful use of characteristics regarding such vendor's, supplier's, <br />or commercial customer's employees or owners in connection with a <br />Portsmouth City contract or solicitation; provided that nothing in this <br />Commercial Non-Discrimination Policy shall prohibit or limit otherwise lawful <br />efforts to remedy the effects of discrimination that has occurred or is <br />occurring in the marketplace. <br />4. MWBE Program Authorization. <br />a. This policy authorizes the establishment of a MWBE Program that promotes the <br />utilization of minority and women business in the Portsmouth MSA in alignment <br />with the Commonwealth of Virginia Public Procurement Act (VPPA) and the <br />Municipal Code of the City of Portsmouth. <br />i. The Program will establish guidelines and procedures on <br />implementation, administration, and compliance. <br />ii. The Program shall provide for the review and recalculation of <br />aspirational MWBE goals on a bi-annual basis. <br />iii. The Program shall establish project specific goals on major construction <br />projects which will be based on some measure of reasonable availability. <br />iv. This policy extends to all procurement activities of the City to include <br />but not limited to the procurement of services and goods on behalf of <br />the School Board of the City of Portsmouth, the Board of the Portsmouth <br />Supplemental Retirement System, the Economic Development <br />Authority, the Portsmouth Port and Industrial Commission, or any other <br />board or commission designated by the Portsmouth City Council. <br />v. Implement and monitor established Aspirational MWBE Goals. <br />vi. The program shall provide penalties for failure to follow MWBE Policies, <br />and any other practice contrary to the letter, spirit, and intent of the <br />MWBE Policy. <br />vii. Bids not complying with MWBE guidelines shall be deemed non- <br />responsive. <br />3 <br />