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EXHIBIT A Interpretation: Added language is shown by double underlining. Deleted language is shown by Except as expressly shown on this Exhibit A, the Code of the City of Portsmouth, Virginia is not otherwise amended. 1. Section 12 -176 of Division 1 of Article V of Chapter 12 of the Code of the City of Portsmouth, Virginia is amended as follows. Except as shown below, Section 12 -176 is not otherwise amended. Sec. 12 -176. - Program to facilitate participation in procurement transactions by businesses owned by women and minorities. (a) Evidence of (i) statistically significant disparities or (ii) discrimination in the availability and utilization of minority-owned businesses or women -owned businesses shall constitute a compelling government interest for the City Council to adopt ordinances, resolutions or programs to remedy such disparities or discrimination. (b) Whenever there exists (i) a compelling government interest or (ii) an analysis that documents a statistically significant disparity between the availability and utilization of women -owned and minority -owned businesses, the city manager is authorized and encouraged to require city departments and affiliates to implement appropriate enhancement or remedial measures, including race - conscious remedies consistent with prevailing law, ordinances and resolutions, and including the submittal by city departments and affiliates of annual progress reports on procurement of women -owned and minority -owned businesses as directed by the city manager. (c) The city manager shall establish a program consistent with this article to facilitate the participation of minority -owned businesses and women - owned businesses SMR41 busift @S' , in procurement transactions. The program established shall be in writing and shall comply with the provisions of any enhancement or remedial measures authorized by the city manager pursuant to Code of Virginia, § 15.2- 965.1, as amended, restated or moved from time to time, and shall include specific plans to achieve any goals established therein. Such program may include cooperation with the commonwealth, the United States of America, and other public and private agencies. Such program shall also include procedures for soliciting contracts from a list of MWBE businesses provided by the state department of small business and supplier diversity, or any successor state agency or department. (bd) A women -owned or minority -owned business that is certified by the department of small business and supplier diversity pursuant to Code of Virginia, § 2.2- 1606, as amended, restated or moved from time to time, shall not be required to obtain