2-92-550 Administrative rules.

   The Chief Procurement Officer may promulgate rules for the proper implementation, administration, and enforcement of Sections 2-92-420 through 2-92-570 of this chapter. The rules may prescribe time delays and preemptive periods for applications, for appeals or for the doing of any act required or permitted herein.

   The Contracting Equity officer may recommend to the Chief Procurement Officer rules with respect to the powers and duties granted to the Contracting Equity officer under this chapter and with respect to improving equity in the City's contracting.

(Prior code § 26-114; Added Coun. J. 7-31-90, p. 19319; 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)

2-92-560 Statutory authority and applicability of federal and state requirements.

   Sections 2-92-420 through 2-92-570 of this chapter are adopted pursuant to the home rule powers of the city and supersede any inconsistent provision of any law or regulation of the State of Illinois. Such sections of this chapter shall not apply to any contract to the extent that it is inconsistent with procedures or standards required by any law or regulation of the United States or the State of Illinois to the extent such inconsistency is not permitted under the home rule powers of the city. In connection with any contract funded in whole or in part from state or federal sources which require the imposition of goals related to the participation of D.B.E.'s, Sections 2-92-420 through 2-92-570 shall not apply to the extent inconsistent with such state or federal requirements.

(Prior code § 26-115; Added Coun. J. 7-31-90, p. 19319)

2-92-570 Severability and compliance with applicable law.

   In the event that any section, subsection, paragraph, clause or provision of Sections 2-92-420 through 2-92-570 of this chapter shall be held invalid by any court, the invalidity of such section, paragraph, clause or provision shall not affect any of the remaining provisions hereof. Notwithstanding anything to the contrary herein, if any section, subsection, paragraph, clause or provision of Sections 2-92-420 through 2-92-570 of this chapter is held invalid by any court, the chief procurement officer shall, if necessary, adjust the percentages within subsections 2-92-420(q), (r), (y) and (z) and Section 2-92-430 to the extent necessary to comply with applicable law.

(Prior code § 26-116; Added Coun. J. 7-31-90, p. 19319; Amend Coun. J. 7-19-00, p. 38206, § 1)

ARTICLE V. MISCELLANEOUS (2-92-580 et seq.)

2-92-580 MacBride Ordinance – Pension fund investments in Northern Ireland.

   This section shall be known and cited as the "MacBride Ordinance". The purpose of this section is to promote the fair and equal treatment of religious minorities in Northern Ireland and provide a better working environment for all the citizens therein.

   All city contracts let by a competitive bidding process as set forth in the Municipal Purchasing Act for Cities of 500,000 or More Population shall include the following language:

      "If the primary contractor conducts any business operations in Northern Ireland, it is hereby required that the contractor shall make all reasonable and good faith efforts to conduct any business operations in Northern Ireland in accordance with the MacBride Principles for Northern Ireland as defined in Illinois Public Act 85-1390 (1988 Ill. Law 3220)."

   For those contractors who take exception in competitively bid contracts to the provision set forth above, the city shall assess an eight percent penalty. This penalty shall increase their bid price for the purpose of canvassing the bids in order to determine who is to be the lowest responsible bidder. This penalty shall apply only for purposes of comparing bid amounts and shall not affect the amount of any contract payment.

   The provisions of this section shall not apply to contracts for which the city receives funds administered by the United States Department of Transportation, except to the extent Congress has directed that the Department of Transportation not withhold funds from states and localities that choose to implement selective purchasing policies based on agreement to comply with the MacBride Principles for Northern Ireland, or to the extent that such funds are not otherwise withheld by the Department of Transportation.

(Added Coun. J. 2-10-93, p. 29116; Amend Coun. J. 3-31-04, p. 20916, § 4.4)

2-92-585 Slavery Era Business / Corporate Insurance Disclosure.

   This section shall be known and cited as the "Business, Corporate and Slavery Era Insurance Ordinance". The purpose of this section is to promote full and accurate disclosure to the public about any slavery policies sold by any companies, or profits from slavery by other industries (or their predecessors) who are doing business with the city.

   Each contractor with whom the city enters into a contract, whether subject to competitive bid or not, must complete an affidavit verifying that the contractor has searched any and all records of the company or any predecessor company regarding records of investments or profits from slavery or slaveholder insurance policies during the slavery era. The names of any slaves or slaveholders described in those records must be disclosed in the affidavit. The chief procurement officer shall make the information available to the public and provide an annual report to the city council.

   Failure to comply with this section shall deem the contract voidable on behalf of the city.

(Added Coun. J. 10-2-02, p. 94889, § 1)

2-92-586 Contracts – Business enterprises owned or operated by people with disabilities.

   (a)   Whenever used in this section, unless the context otherwise requires, the following words and phrases have the following meanings:

      (1)   "Business enterprise owned or operated by people with disabilities" or "B.E.P.D." means: (A) a business certified by the State of Illinois as a qualified service-disabled veteran-owned small business pursuant to 30 ILCS 500/45-57; or (B) an entity, except for those entities that constitute an established business based on the size standards set forth in Section 2-92-420 of the Municipal Code, or individual that is certified by the Chief Procurement Officer or a certifying agency in accordance with Section 2-92-495 of this Code, as meeting one of the following criteria:

         (i)   A for-profit corporation, partnership, association, business trust, estate, or other legal entity that is either owned (directly, indirectly or beneficially) 51 percent or more by one or more individuals with disabilities and whose management and daily business operations are controlled by one or more individuals with disabilities; or

         (ii)   A nonprofit corporation that employs individuals with disabilities, pays them an hourly wage that is not less than the federal minimum wage and not on a piece work basis, and a) whose management and daily business operations are controlled by one or more individuals with disabilities, and b) whose corporate purpose includes providing, directly or indirectly, services to individuals with disabilities; or

         (iii)   An individual with a disability who is contracting with the city as a sole proprietorship or individually.

      (2)   "Disability" means:

         (i)   With respect to any individual:

            (A)   a physical or mental impairment that substantially limits one or more of the major life activities of that individual, such as mobility, communication, self-care, self-direction, interpersonal skills, work tolerance or work skills in terms of employability;

            (B)   a record of such an impairment; or

            (C)   being regarded as having such an impairment; or

         (ii)   with respect to a veteran, a disability incurred in the line of duty in the active military, naval, or air service as described in 38 U.S.C. 101(16) and determined to be a 10 percent or more disability by the United States Department of Veterans Affairs or the United States Department of Defense.

   (b)   The Chief Procurement Officer will include in contracts advertised, or if not advertised, awarded after the effective date of this section, and where not otherwise prohibited by federal or state law, a statement encouraging contractors to use subcontractors that are B.E.P.D.s.

   (c)   The Chief Procurement Officer is authorized to enter into agreements for goods, work or services with B.E.P.D.s., using such procurement processes as he reasonably deems appropriate.

   (d)   The head of any executive department or agency of City government who exercises any contracting power on behalf of the City beyond the scope of Chapter 2-92 of the Municipal Code will to the extent practicable encourage the use of contractors and subcontractors that are B.E.P.D.s.

   (e)   The Chief Procurement Officer or his designee will establish procedures for determining when applicants qualify as B.E.P.D.s. The Department of Procurement Services will maintain a directory of certified B.E.P.D.s and make that directory available to the public.

   (f)   The Chief Procurement Officer will compile a report during the first quarter of each calendar year detailing compliance and the methods used to achieve compliance with the requirements of this Section 2-92-586.

   (g)   The Commissioner of the Mayor’s Office for People with Disabilities will conduct outreach programs to encourage firms to become certified as B.E.P.D.s, and to seek contracting opportunities with the City.

   (h)   The Chief Procurement Officer may promulgate administrative rules implementing this Section 2-92-586.

(Added Coun. J. 11-13-02, p. 97695, § 2; Amend Coun. J. 7-9-08, p. 32427, § 1; Amend Coun. J. 6-28-17, p. 51152, § 2; Amend Coun. J. 11-7-18, p. 88803, § 4)

Editor's note – Coun. J. 11-13-02, p. 97695, § 2, amended the Code by adding provisions designated as a new § 2-92-585. Inasmuch as there already exist provisions so designated, Coun. J. 11-13-02, p. 97695, § 2 has been codified as § 2-92-586 at the discretion of the editor.