(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.