2-92-470 Established businesses participation in the MBE and WBE procurement program.

   (a)   A local business entity which meets all the requirements to be certified as an MBE or WBE under this article except that it has become an established business may participate in the city's minority- and women-owned business enterprise procurement program, as follows:

      (1)   For a one-year period after the business entity has become an established business, only 75 percent of such business's participation in a city contract shall account for the MBE or WBE, as applicable, participation requirement set forth in subsections (a) and (d) of Section 2-92-440 of this Code;

      (2)   For a one-year period starting on the one- year anniversary of the date the business entity became an established business, only 50 percent of such business's participation in a city contract shall account for the MBE or WBE, as applicable, participation requirement set forth in subsections (a) and (d) of Section 2-92-440 of this Code; and

      (3)   For a one-year period starting on the two- year anniversary of the date the business entity became an established business, only 25 percent of such business's participation in a city contract shall account for the MBE or WBE, as applicable, participation requirement set forth in subsections (a) and (d) of Section 2-92-440 of this Code.

   (b)   An established business entity shall not be eligible to participate in the city's minority-and women- owned business enterprise procurement program starting on the three-year anniversary of the date the business entity became an established business.

   (c)   The chief procurement officer shall provide notice to participating established businesses of the allowed level of participation by such businesses in the city's minority-and women-owned business enterprise procurement program.

(Added Coun. J. 3-14-12, p. 22581, § 1)

Editor's note – Coun. J. 5-26-04, p. 24585, § 2, repealed former § 2-92-470, which pertained to construction project program.

2-92-480 Determination of compliance.

   For purposes of determining compliance with any of the requirements for M.B.E. or W.B.E. participation in contracts under the several programs which constitute the program, contracts with M.B.E.'s or W.B.E.'s that involve performing the duties of a broker shall only be taken into account to the following extent: from the effective date of this ordinance through December 31, 1990, 20 percent; from January 1, 1991, through December 31, 1991, 10 percent; from January 1, 1992, through December 31, 1992, five percent; and thereafter, zero percent.

(Prior code § 26-107; Added Coun. J. 7-31-90, p. 19319)

2-92-490 Duties of the Contracting Equity officer.

   The Contracting Equity officer shall, in coordination with the Board, perform the following duties:

   (a)   Supervise the implementation of the program and report to the Chief Procurement Officer, the Mayor and to the Board on a quarterly basis the extent of achievement of the goal stated in Section 2-92-430 of this chapter, along with any recommendations for modification of the goal or of the measures contained herein;

   (b)   Establish or adopt substantially consistent standards and procedures for certification of applying businesses by the Contracting Equity officer or a certifying agency as a C.E.B. Such standards and procedures shall, in the Contracting Equity officer's judgment, fairly and effectively determine eligibility for inclusion as a C.E.B. without placing an undue burden on the C.E.B.s. Each application for certification shall be in writing, and executed by an officer or owner of the applicant, and shall contain such information as may assist the Contracting Equity officer or applicable certifying agency in determining the status of the applicant. When all or a substantial portion of the application for certification is processed by the Contracting Equity officer, each such application submitted to the Contracting Equity officer shall be accompanied by a non-refundable $250.00 fee, in the form of a certified check, cashier's check, money order or such other payment method as may be acceptable to the Contracting Equity officer. If certification or recertification of a business entity has been denied three or more times in a five-year period, then the Contracting Equity officer may not consider an application from such business entity or its successors for a period of four years from the date of the most recent denial;

   (c)   Recruit businesses to apply for certification as C.E.B.s. Recruitment may be done through contact with other governments, governmental agencies, community organizations or business associations, advertising or any other suitable means;

   (d)   Maintain an electronic directory of certified C.E.B.s and participating established businesses, describing them by name, business address, classification, type of business, and whether the business is located in a qualified investment area, as defined in Section 16-14-020 of the Code. Additionally, in the case of M.B.E.s, such directory shall also include the minority group or minority groups of which the person or persons who own or control the business is a member, or, in the case of a publicly held corporation, the minority group or minority groups of which the person or persons who own at least 51% of the corporation's stock is a member. This directory shall be made available to any interested person. A local business which meets all the requirements to be certified as a C.E.B. under this chapter except for the fact that it has become a non-participating established business since its initial certification may request to be listed in the directory, although it will remain ineligible for participation in the certification program;

   (e)   Direct certified C.E.B.s to notify the Contracting Equity officer of any change in ownership, officers or management within ten days after such change occurs;

   (f)   Establish or adopt substantially consistent procedures for reviewing or auditing any decision of any certifying agency conducting certifications pursuant to an agreement with the Contracting Equity officer, regarding the certification, recertification or decertification of any C.E.B.;

   (g)   Establish or adopt substantially consistent procedures, for the decertification of C.E.B.s which have been improperly certified or no longer qualify for certification, and for appeal from decertification. Such procedures shall be consistent with the principles of due process of law;

   (h)   Notify the Chief Procurement Officer and all City agencies and departments which request information on certified C.E.B.s of any decertification made in accordance with subsection (g) of this section. If certification or recertification of a business entity has been denied by the Contracting Equity officer, then the Contracting Equity officer shall inform other Chicago area governmental agencies with affirmative action plans containing similar certification criteria of such denial if such agencies have agreed to provide similar information to the Contracting Equity officer; and

   (i)   Publicize the certification program through appropriate means, in order to attract qualified certified C.E.B.s.

   (j)   Periodically review the standards and procedures for certification of C.E.B.s to reduce unnecessary impediments to obtaining certification.

(Prior code § 26-108; Added Coun. J. 7-31-90, p. 19319; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 12-15-04, p. 39840, § 1; Amend Coun. J. 7-9-08, p. 32427, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 4, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. IV, § 3; Amend Coun. J. 3-14-12, p. 22581, § 2; Amend Coun. J. 7-22-20, p. 18865, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

2-92-495 Certification of eligible businesses.

   (a)   As an alternative or in addition to conducting C.E.B. certifications by the Contracting Equity officer, the Contracting Equity officer may designate certain eligible public or private agencies as certifying agencies, which may certify businesses as meeting eligibility standards and requirements necessary to participate as C.E.B.s. Such designation may be by way of: (i) entering a contractual agreement with any eligible certifying agency to act as the City's agent for the purposes of certifying businesses as C.E.B.s; (ii) entering a memorandum of understanding with any eligible certifying agency to accept C.E.B. certifications issued by such agencies; or (iii) accepting C.E.B. certifications issued by eligible certifying agencies. The Contracting Equity officer has authority to enter into such contractual agreements or memoranda of understanding on such terms and conditions as the Contracting Equity officer may deem necessary or appropriate.

   (b)   If in the Contracting Equity officer's judgment, or otherwise required by law, additional requirements to the certification issued by any eligible certifying agency are warranted, the Contracting Equity officer is authorized to impose such additional requirements before accepting C.E.B. certifications issued by any such agency to any such business.

   (c)   To be eligible as a certifying agency such agency shall:

      (1)   have C.E.B. certification requirements and procedures that conform with the standards and procedures for C.E.B.s certification established or adopted by the Contracting Equity officer pursuant to Section 2-92-490 of this chapter, or that, in the judgment of the Contracting Equity officer, are of equivalent effectiveness in determining eligibility for certification of C.E.B.s;

      (2)   have at least five years of experience in certifying C.E.B.s for participation in public and private affirmative action programs; and

      (3)   provide C.E.B. certification which must be accepted by one or more public agencies in the State of Illinois, other than the City of Chicago.

   (d)   If the Contracting Equity officer terminates any contractual agreement or memorandum of understanding with any certifying agency, C.E.B.s certified by such agency shall not have their status as C.E.B. affected by the termination of the contractual agreement or memorandum of understanding until their current certification period expires or until they are decertified in accordance with subsection (f) of Section 2-92-490 of this chapter.

   (e)   The Contracting Equity officer shall post the names, contact information and other information regarding a certifying agency which the Contracting Equity officer may deem appropriate on the City's D.P.S. website within 10 (ten) calendar days of execution by the City of any contractual agreement or memorandum of understanding with any certifying agency in accordance with the provisions of this section.

   (f)   The Contracting Equity officer is authorized to recommend to the Chief Procurement Officer such rules as the Contracting Equity officer may deem appropriate for the proper administration and enforcement of the provisions of this section.

   (g)   The Contracting Equity officer is authorized to enter into certification recognition agreements and any amendments thereto regarding acceptance or recognition of the City's C.E.B. certifications by other public or private agencies. The Contracting Equity officer is also authorized to enter into reciprocal certification recognition agreements and any amendments thereto as required by applicable federal law, including but not limited to, unified certification program agreements.

(Added Coun. J. 7-9-08, p. 32427, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 4, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. IV, § 3; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

2-92-500 City officers – Consultation and cooperation.

   The head of any executive department or agency of the City's government who exercises any contracting power on behalf of the City beyond the scope of the Purchasing Act shall: (i) consult and cooperate with the Contracting Equity officer in achieving the goal stated in Section 2-92-430 of this chapter through the exercise of the contracting power and shall, to the extent practicable, implement procedures described in this article, including the applicable procedures described in Sections 2-92-440 and 2-92-460; and (ii) report to the Contracting Equity officer, at times and in the manner reasonably requested by the Contracting Equity officer, regarding compliance with this Section.

(Prior code § 26-109; Added Coun. J. 7-31-90, p. 19319; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 12-2-09, p. 78837, Art. 4, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

2-92-510 Affirmative action advisory board – Membership, appointment, term and compensation.

   There is hereby established for the City of Chicago an affirmative action advisory board to monitor and report on the participation of minority- and women- owned businesses in public contracting. The board shall consist of 11 members appointed by the mayor within 90 days of the effective date of this ordinance for two- year terms, who shall serve at the pleasure of the mayor. All members of the board who are not employees of the city shall be subject to confirmation by the city council. Members shall hold office until their successors are appointed.

   Whenever a vacancy shall occur by reason of death, resignation, expiration of term or other reason, the mayor shall appoint a new member for the balance of the unexpired term. The mayor shall designate a member to serve as chair of the board, who shall serve in such capacity at the pleasure of the mayor. All members of the board shall be residents of the City of Chicago. Two of the members shall be a representatives of D.P.S., one member shall be a representative of the department of transportation, four members shall be representatives of M.B.E.s, one member shall be a representative of a W.B.E. and three members shall be representatives of contractors that are neither M.B.E.s nor W.B.E.s. The mayor may appoint representatives of appropriate associations of M.B.E.'s, W.B.E.'s or contractors that are neither M.B.E.'s nor W.B.E.'s as members of the board. Members of the board who are not employees of the city may not be appointed to more than two consecutive terms. Members of the board who are not employees of the city shall disclose to the board any financial or economic interest, as defined in the governmental ethics ordinance, they, a relative as defined in the governmental ethics ordinance, or any M.B.E., W.B.E. or contractor they represent may have in matters coming before the board and shall abstain from participation in such matters. Members of the board who are not employees of the city shall be exempt from Sections 2-156-020, 2-156-030, 2-156-080 through 2-156-110 inclusive, and 2-156-130(b) and (c) of the governmental ethics ordinance as these sections pertain to their board membership. No member of the board shall be compensated for membership, but each member may be reimbursed for expenses reasonably incurred in the performance of official duties. The mayor shall appoint a staff director and such additional staff as may be necessary to carry out the business of the board in cooperation with D.P.S.

(Prior code § 26-110; Added Coun. J. 7-31-90, p. 19319; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 9-4-02, p. 92670, § 3; Amend Coun. J. 12-2-09, p. 78837, Art. 4, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. IV, § 3)

2-92-520 Affirmative action advisory board – Duties and responsibilities.

   The board and its staff shall meet regularly with representatives of D.P.S. and the Department of Transportation to review the implementation of the program. In addition, the board shall:

   (a)   assist the D.P.S. in the adoption of regulations and guidelines for the implementation of the program, including the target market program;

   (b)   recommend to D.P.S. contract areas appropriate for inclusion in the target market program;

   (c)   [Reserved.]

   (d)   Refer charges that city employees have engaged in discrimination against members of minority groups or women in the purchasing function to the city inspector general, the city commission on human relations or the Illinois Department of Human Rights;

   (e)   Administer the credit program;

   (f)   Make recommendations to the Chief Procurement Officer and the Contracting Equity officer concerning the suspension of contractors, M.B.E.s and W.B.E.s that are charged with making fraudulent misrepresentations concerning M.B.E. and W.B.E. utilization pursuant to Section 2-92-540 of this chapter;

   (g)   [Reserved.]

   (h)   Submit a report on or before March 1st of each year to the mayor and to the city council reviewing the performance of city departments in meeting the goals established in the program, and recommend amendments to the program which the board believes are necessary to accomplish its purposes.

   (i)   Perform such other affirmative action related duties as the mayor may require.

(Prior code § 26-111; Added Coun. J. 7-31-90, p. 19319; Amend Coun. J. 12-11-91, p. 10925; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 9-4-02, p. 92670, § 3; Amend Coun. J. 12-2-09, p. 78837, Art. 4, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. IV, § 3; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)