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No payment shall be made on any public improvement, construction, water or sewer contract for any work, labor, or materials not specified therein, except as otherwise provided in this chapter. Whenever it shall be the opinion of the chief procurement officer, that, in order properly to complete such contract, extra work, labor or materials not provided for therein will have to be furnished or alterations will have to be made in the plans or specifications requiring additional expenditures not provided for in such contract, the chief procurement officer shall submit a report in writing to the city council, or place in the contract records on file an explanation setting forth fully what extra work, labor or materials, or alterations in the plans or specifications, are desired, the necessity therefor, and the estimated additional expenditure required for such extras or alterations. All such payments must be pursuant to contract modifications executed in accordance with the provisions of this chapter and of the "Municipal Purchasing Act For Cities of 500,000 or More Population", codified at 65 ILCS 5/8-10-1 et seq., as amended.
No extra work, labor, or materials, or alterations in the plans or specifications which will involve the expenditure of any money over and above the amount fixed as the contract price in and by such contract shall be ordered or authorized by the chief procurement officer, unless the express authority of the city council be first procured for such extras or alterations and for the expenditure of the amount to be paid therefor.
(Prior code § 26-15; Amend Coun. J. 7-19-00, p. 38206, § 1)
The Chief Procurement Officer shall advertise in such daily newspaper or newspapers published in the City as he may select, inviting proposals for the following contract:
For the publication in any newspaper published in the English language, being published at least five times a week, of those matters and things required by law or any ordinance of the City to be published in a newspaper.
All such bids shall be received, opened and acted upon in conformity with the Municipal Purchasing Act for cities of 500,000 or more population, 65 ILCS 5/8-10-1 et seq., as amended.
No advertisement for any City printing whatsoever shall be given or let to any newspaper in the City which in its columns has taught, or teaches, advocates, or abets any measures, or any people, who have for their object the overthrow by force or illegal means, of the laws of the nation, the state, or the City.
Nothing in this section shall be held to apply to any printing, notices or advertisements of the Board of Local Improvements.
(Prior code § 26-16; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. X, § 1)
Contracts may be made with any county in the state, or with the trustees of any town or village in Cook County, for the care and custody of prisoners in the house of correction, at a price not less than $.25 per day for each prisoner. All such contracts shall extend for the care of such prisoners until the expiration of their terms of sentence. Under such contracts the labor of every such prisoner shall be the property of, and for the benefit of the city.
(Prior code § 26-24)
Nothing contained in this chapter shall be deemed to apply to the letting of contracts and accepting of bids for the construction of local improvements pursuant to Article 84 of the Revised Cities and Villages Act of the State of Illinois.
(Prior code § 26-25)
All contracts and subcontracts awarded under this chapter shall be subject to the requirements set forth in Chapter 1-23.
(Added Coun. J. 6-30-10, p. 95061, § 2)
(a) No person or business entity shall participate in a transaction as defined herein, and may have its current transactions permanently or temporarily suspended or canceled, if that person or business entity:
(1) has been convicted of bribery or attempting to bribe a public officer or employee of the State of Illinois, or the federal government or any state or local government in the United States in that officer's or employee's official capacity; provided, however, that for purposes of this item (1) the term "local government" does not include the City of Chicago or any "sister agency" as defined in Section 1-23-010 of the City of Chicago. Persons who have been convicted of bribery or attempting to bribe a public officer or employee of the City of Chicago or any of its sister agencies shall be subject to the requirements set forth in Article I of Chapter 1-23 of this Code; or
(2) has been convicted of agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise; or
(3) has made an admission of guilt of such conduct described in (1) or (2) above which is a matter of record but has not been prosecuted for such conduct; or
(4) [Reserved.]
(5) has violated any regulation promulgated by the chief procurement officer that includes ineligibility as a consequence of its violation;
(6) has committed, within a 24-month period, three or more violations of Article II of Title 6 of this Code; or
(7) has been debarred by any local, state or federal government agency from doing business with such government agency as provided in subsection (d) of Section 1-23-020 of the Code, for the duration of the debarment by such government agency.
For purposes of this section, where an official, agent or employee of a business entity has committed any conduct on behalf of such an entity, while acting within the scope of employment, that could warrant a finding of ineligibility, the business entity shall be chargeable with the conduct. If appropriate under the circumstances, one business entity may be chargeable with the conduct of an affiliated entity. For purposes of this section, business entities are affiliated if, directly or indirectly, one controls or has the power to control the other, or if a third person controls or has the power to control both entities. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity under this section, using substantially the same management, ownership or principals as the ineligible entity.
(b) Upon making a finding of ineligibility, the chief procurement officer shall determine the period of ineligibility imposed, which may include permanent or indefinite ineligibility or some lesser penalty. The period of ineligibility may be reduced, waived or rescinded by the chief procurement officer, upon the written application of the ineligible person or business entity, supported by documentation of either or both of the following reasons:
(i) reversal of the conviction or judgment on which the ineligibility is based, unless the conviction or judgment is based on an admission of conduct described in subparagraph (a)(1) or (a)(2) above; or
(ii) bona fide change in ownership and/or control of the business entity, or other mitigating factors sufficient in the judgment of the chief procurement officer to remove the conditions giving rise to the conduct that led to the ineligibility. Mitigating factors may include, without limitation: disciplinary action against all persons responsible for the acts giving rise to the ineligibility; remedial action designed to prevent a recurrence of the acts giving rise to the ineligibility; or a determination by the chief procurement officer that the past conduct of the business entity does not indicate a pattern or history of similar acts.
(c) An application to reduce or waive the period of ineligibility, or to suspend ineligibility for a specific transaction, shall be verified by the applicant. The determination to reduce or waive the period of ineligibility, or to suspend ineligibility for a specific transaction, shall be made in writing and shall specify the reasons for the decision.
(d) The chief procurement officer may also suspend the ineligibility of a person or business entity in order to allow execution of a transaction with the person or entity, upon written application by the head of a city agency or department affected by the proposed transaction, setting forth facts sufficient in the judgment of the chief procurement officer to establish:
(i) that the public health, safety or welfare of the city requires the goods or services of the person or business entity; and
(ii) that the city is unable to acquire the goods or services at comparable price and quality, and in sufficient quantity from other sources.
(e) The chief procurement officer is authorized to: (i) conduct investigations or hearings or other actions or proceedings, consistent with the requirements of due process of law and equal protection under the law, to accomplish the purposes of this section and section 2-92-540; (ii) promulgate rules governing ineligibility under this section and Section 2-92-540, including but not limited to the circumstances warranting extended ineligibility, reduction or waiver of ineligibility and a hearing process regarding a finding of ineligibility; and (iii) delegate to a designee his authority to conduct hearings under this section or section 2-92-540.
(f) For purposes of this section, the term "transaction" shall mean, without limitation, any contract, including contracts not awarded or administered under this chapter, concession agreement, retainer agreement, grant, loan, license, permit or other conferral of status that includes the city as a party and provides a benefit, whether monetary or otherwise, to another party to the transaction.
(g) This section shall not apply to any transaction with respect to which the Code otherwise provides a process for determining and imposing ineligibility for the same malfeasance provided for in this section. Upon request of the chief procurement officer or other city official, the corporation counsel shall make a conclusive determination as to any jurisdictional questions arising pursuant to this subsection (g).
(Prior code § 26-26; Amend Coun. J. 5-24-89, p. 1768; Amend Coun. J. 7-29-98, p. 75801; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-6-02, p. 96506, § 2; Amend Coun. J. 5-14-08, p. 27074, § 1; Amend Coun. J. 6-30-10, p. 95061, § 3; Amend Coun. J. 9-8-10, p. 99116, § 3; Amend Coun. J. 12-2-14, p. 99000, § 3; Amend Coun. J. 10-5-16, p. 33564, § 2; Amend Coun. J. 6-25-21, p. 32156, § 3; Amend Coun. J. 10-27-21, p. 39525, § 6; Amend Coun. J. 11-9-23, p. 5853, § 3; Amend Coun. J. 3-20-24, p. 10146, § 3)
(a) No financial institution shall be awarded a contract with the city if the financial institution, or any of its affiliates, has been determined by the chief financial officer or the city comptroller to be a predatory lender. For purposes of this section, "financial institution", "predatory lender" and "affiliate" shall have the meaning ascribed to the terms in Section 2-32-455.
(b) With each bid submitted by a financial institution for any contract with the city there shall be a pledge signed by the chairman of the board, chief executive officer or other officer of the financial institution acceptable to the chief financial officer or the city comptroller. The pledge shall be in substantially the following form:
We pledge that we are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code of Chicago. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code of Chicago. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the city.
(c) Nothing in this section shall affect the validity of any contract entered into in connection with any debt obligations issued by or on behalf of the city prior to a determination by the chief financial officer or the city comptroller that an entity participating in the contract is a predatory lender. Any other contract awarded in violation of this section shall be voidable at the option of the city.
(d) The Chief Financial Officer or the City Comptroller, together with the Chief Procurement Officer, Commissioner of Housing and Commissioner of Planning and Development, may suspend the ineligibility of a financial institution in order to allow execution of a contract with the financial institution upon written application by the head of a City agency or department affected by the proposed contract, setting forth facts sufficient in the judgment of the Chief Procurement Officer to establish:
(i) that the public health, safety or welfare of the City requires the goods or services of the financial institution; and
(ii) that the City is unable to acquire the goods or services at comparable price and quality, and in sufficient quantity from other sources.
(Added Coun. J. 8-30-00, p. 39074, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 2; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 4; Amend Coun. J. 11-14-18, p. 90308, Art. I, § 25)
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