2-92-340 Prequalification of contractors.

   The chief procurement officer is hereby authorized to prequalify contractors as the exclusive responsible bidders for: i) roof repair, ii) building demolition, iii) board-up work, or (iv) emergency bridge or viaduct repair based on such contractors’ responses to a request for qualifications ("R.F.Q.") which has been publicly advertised and issued by the chief procurement officer for the respective type of work. Any such R.F.Q. shall specify those criteria that the chief procurement officer deems necessary to determine whether respondents are qualified to perform the type of work addressed by the R.F.Q. Such criteria may include the respondent’s financial capability, experience, past performance, adequacy of equipment, ability to perform the work on a timely basis, and other pertinent considerations. The R.F.Q. shall also set forth terms and conditions which will govern the performance of any work which may be awarded to a respondent who becomes prequalified as a responsible bidder.

   Respondents shall have at least 20 calendar days from the date of issuance of the R.F.Q. to submit their responses to the chief procurement officer. The chief procurement officer shall publicly advertise any material addenda to the R.F.Q. and respondents shall have at least ten calendar days thereafter to submit their responses to the chief procurement officer.

(Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 4-18-18, p. 76017, § 1)

2-92-345 Execution of professional services and certain other contracts.

   The chief procurement officer may require prospective contractors for contracts awarded pursuant to 65 ILCS 5/8-10-4 to execute a master agreement which shall apply to any services rendered under the master agreement. The master agreement shall contain the funding amount allocated to each master agreement and such terms and conditions appropriate for such a contract and any other terms and conditions as may be required by the chief procurement officer. Each master agreement shall be approved by the mayor, comptroller and chief procurement officer and include a task order procedure under which the chief procurement officer may negotiate and enter into an agreement with such contractor to perform a particular project subject to the terms of the master agreement.

(Added Coun. J. 12-8-04, p. 38063, § 1)

2-92-350 Designation of evaluation committee – Development of responsible bidder list.

   For each R.F.Q. issued, an evaluation committee shall be designated by the chief procurement officer and shall include members of those city departments likely to require the type of work addressed by the R.F.Q. Such evaluation committee shall evaluate responses to the R.F.Q. in accordance with the criteria set forth in the R.F.Q. and shall recommend that the chief procurement officer deem as responsible those respondents who meet those criteria. Based on the recommendation of the evaluation committee, the chief procurement officer shall develop a list of contractors who are prequalified as the exclusive responsible bidders on contracts for the type of work addressed in the R.F.Q.

   The chief procurement officer may, at any time, delete from such responsible bidder list any contractor which the chief procurement officer determines to be nonresponsible. If the chief procurement officer subsequently determines such a deleted contractor to be responsible, the chief procurement officer may reinstate such contractor to the responsible bidder list from which it was deleted.

   Each year that the chief procurement officer elects to continue the prequalification of contractors, the chief procurement officer shall, no later than 90 days after the anniversary date of the issuance of the original R.F.Q. for the particular type of work, readvertise and reissue such R.F.Q. in order to allow for renewal of the responsible bidder list.

(Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-360 Execution of master agreement – Term.

   All contractors on a responsible bidder list shall be required to execute a master agreement which shall apply to any work which may be awarded and which contain, without exception, the terms and conditions set forth in the R.F.Q. and any other terms and conditions which may be required by the chief procurement officer. Failure of a contractor otherwise qualifiable as responsible to execute a master agreement shall result in such contractor's deletion from the responsible bidder list.

   Prequalification of a contractor as a responsible bidder shall be effective for the term of a master agreement with that contractor, except to the extent that the chief procurement officer has deleted the contractor from the responsible bidder list pursuant to Section 2-92-350. The chief procurement officer may extend the term of a master agreement up to 90 days in order to provide continuity of services until the responsible bidder list can be renewed in accordance with Section 2-92-350.

(Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-370 Contract award procedure.

   Whenever a using department identifies a need for roofing repair, building demolition, or board-up work, the chief procurement officer shall provide all of the contractors on the responsible bidder list for the respective type of work a sufficiently detailed description of the work to enable them to submit sealed bids for the work. The chief procurement officer may require such contractors to inspect the work site and shall allow them at least ten days, exclusive of Sundays and legal holidays, to submit sealed bids. The chief procurement officer shall award the contract for the work to the responsive bidder offering the lowest sealed bid price, in cases where competitive bidding is required and appropriate for such contract, pursuant to the provisions of Sections 8-10-3 and 8-10-4 of the "Municipal Purchasing Act for Cities of 500,000 or More Population", codified at 65 ILCS 5/8-10-3 and 65 ILCS 5/8-10-4, as amended.

   If the contract award procedure set forth in the above paragraph would, in a specific instance, result in a delay which would cause imminent hazard to public safety or substantial damage to property, the chief procurement officer may, in such an instance: (i) authorize the use of prequalified contractors and make provisions for immediate use of such contractors by the using department or departments, subject to a limit on expenditures of public funds of $500,000.00 for such immediately authorized work, or (ii) follow an expedited contract award procedure which solicits bids from less than all contractors on the responsible bidder list and/or which allows less than ten days for the submittal of bids.

(Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

2-92-380 Contracts restrictions – Disclosure of debts to city – Outstanding parking violations.

   (a)   Whenever used in this section, the following words and phrases shall have the following meanings:

   "Contract" means any agreement or transaction pursuant to which the contracting party receives city funds in consideration for services, work or goods provided or rendered.

   "Debt" means a specified sum of money owed to the city for which the period granted for payment has expired.

   (b)   Every city contract shall contain a provision that entitles the city to set off a portion of the contract price equal to the amount of any debt owed by the contracting party to the city.

   (c)   Notwithstanding the provisions of subsection (b) herein, no such debt shall be offset from the contract price if one or more of the following conditions are met:

      (1)   The contracting party has entered into an agreement with the department of finance, or other appropriate city department, for the payment of all debts owed to the city and the contracting party is in compliance with the agreement; or

      (2)   The contracting party is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or

      (3)   The contracting party has filed a petition in bankruptcy and the debts owed the city are dischargeable in bankruptcy.

(Prior code § 26-27.2; Added Coun. J. 6-7-90, p. 17027; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 1)

2-92-385 Contracts – Gender pay equality – Non-disclosure of salary history.

   (a)   Definitions. For the purpose of this section, the following terms shall have the following meanings:

   "Contract" means any agreement or transaction pursuant to which a contractor (i) receives city funds in consideration for services, work or goods provided or rendered, including contracts for legal or other professional services, or (ii) pays the city money in consideration for a license, grant or concession allowing it to conduct a business on city premises, and includes any contracts not awarded or processed by the Department of Procurement Services.

   "Contractor" means the person to whom a contract is awarded.

   (b)   Requirements.

      (1)   No contractor, or entity awarded a contract with the City, or any renewal or extension thereof, shall screen job applicants based on their wage or salary history, including by requiring that an applicant’s prior wages, including benefits or other compensation, satisfy minimum or maximum criteria; or by requesting or requiring that an applicant disclose prior wages or salary:

         (i)   as a condition of being interviewed,

         (ii)   as a condition of continuing to be considered for an offer of employment,

         (iii)   as a condition of an offer of employment or an offer of compensation, or

         (iv)   as a condition of employment.

      (2)   No contractor shall seek the wage or salary history, including benefits or other compensation, of any job applicant from any current or former employer.

      (3)   Each contractor, or entity awarded a contract with the City, or any renewal or extension thereof, must adopt a policy that includes the same prohibitions set forth in subsections (1) and (2) of this subsection (b).

   (c)   Rules. The chief procurement officer is hereby authorized to do the following:

      (1)   The chief procurement officer shall require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or contractor submit an affidavit and any other supporting documents demonstrating that the bidder has a policy conforming to the requirement in subsection (3) paragraph (b), above;

      (2)   investigate all contractors’ compliance with this section;

      (3)   provide the names and business addresses of substantial owners and contractors to persons seeking to enforce this section, and their legal representatives, to the extent allowed by law, on the condition that such information be used solely for the purpose of assisting enforcement; provided that the names and identifying information of persons seeking to enforce this section shall be deemed confidential; and

      (4)   to promulgate regulations relating to the operation and enforcement of this section.

   (d)   Where a contract is entered into by an agent of the city other than the chief procurement officer, that agent is authorized to take and shall take the actions described above for the chief procurement officer in subsection (c) above.

   (e)   Noncompliance. If a contractor violates the provisions of this section, that contractor may be deemed ineligible to contract with the City; any contract, extension, or renewal thereof awarded in violation of this section may be voidable at the option of the City. Provided, however, that upon a finding of a violation by a prime contractor, no contract shall be voided, terminated, or revoked without consideration by the Chief Procurement Officer or other contracting agent of the City of such action’s impact on the prime contractor’s MBE or WBE subcontractors. For purposes of this section, "MBE" and "WBE" have the meanings ascribed to those terms in Sections 2-92-420 and 2-92-670, and "prime contractor" means a person who is the primary contractor on a contract and does not include any subcontractors.

   (f)   Fines. Any contractor who violates this subsection shall be subject to a fine not less than $500 and not more than $1,500 for each offense.

   (g)   Severability. If any provision, clause, sentence, paragraph, or part of this section or application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof already involved in the controversy in which such judgment has been rendered and to the person and circumstances affected thereby.

(Added Coun. J. 5-23-18, p. 77282, § 3)