2-92-740 Contract closeout procedures.

   Prior to contract closeout, the Contracting Equity officer shall evaluate the contractor's fulfillment of the contracted goals, taking into account all approved substitutions, terminations and changes to the contract's scope of work. The Contracting Equity officer shall prepare a report of the closeout and file it with the City Council and the Chief Procurement Officer. If the Chief Procurement Officer determines that good faith efforts to meet the M.B.E. or W.B.E. commitments were not made, so that the M.B.E. or W.B.E. participation commitments have not been met, or that fraudulent mis-representations have been made, a remedy or sanction may be imposed. Such remedies or sanctions for failure to make good faith efforts, or for making any fraudulent misrepresentations, may include disqualification from contracting or subcontracting on additional City contracts for a period of up to three years, or the amount of the discrepancy between the amount of the commitment, as such amount may be amended through change orders or otherwise over the term of the contract, and the achieved amount may be imposed upon the contractor. The contractor shall have the opportunity, pursuant to administrative rule, to protest the remedy or other sanctions. The consequences provided herein shall be in addition to any other criminal or civil liability to which such entities may be subject. The Chief Procurement Officer shall inform the City's Inspector General, the State's Attorney of Cook County or other appropriate law enforcement agencies of instances of fraudulent misrepresentation and collusion.

(Added Coun. J. 5-26-04, p. 24585, § 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)

2-92-750 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 aspirational goals in Section 2-92-690 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 2-92-700 and 2-92-720; and (ii) report to the Officer, at times and in the manner reasonably requested by the Officer, regarding compliance with this Section.

(Added Coun. J. 5-26-04, p. 24585, § 3; Amend Coun. J. 12-2-09, p. 78837, Art. 4, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

2-92-760 Home rule; contracts governed by federal or state laws.

   This article is enacted pursuant to the home rule powers of the city and supersedes any inconsistent provision of any law or regulation of the State of Illinois or any city ordinance. This article shall not apply to any construction 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 construction contract funded in whole or in part from state or federal sources, state or federal standards and regulations shall control to the extent this article is inconsistent.

(Added Coun. J. 5-26-04, p. 24585, § 3)

2-92-770 Severability.

   In the event that any section, subsection, paragraph, clause, provision or application of this article 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.

(Added Coun. J. 5-26-04, p. 24585, § 3)

2-92-780 Review and sunset.

   This article shall be subject to an interim review by the Chief Procurement Officer to be concluded by December of 2026, and shall expire on December 31, 2027, unless the City finds that its remedial purposes have not been fully achieved and there is a compelling interest in continuing narrowly tailored remedies to redress discrimination against M.B.E.s or W.B.E.s so that the City will not function as a passive participant in a discriminatory marketplace.

(Added Coun. J. 5-26-04, p. 24585, § 3; Amend Coun. J. 7-29-09, p. 67484, § 1; Amend Coun. J. 12-9-15, p. 15382, § 1; Amend Coun. J. 2-10-16, p. 18343, § 1; Amend Coun. J. 9-14-21, p. 35424, § 1)

ARTICLE VII. MID-SIZED BUSINESS INITIATIVE CONSTRUCTION PROGRAM (2-92-800 et seq.)

2-92-800 Application of article.

   This article shall apply to construction contracts. This article is enacted pursuant to the home rule powers of the city and supersedes any inconsistent provision of any law or regulation of the State of Illinois to the extent such inconsistency is permitted under the home rule powers of the city. This article shall not apply to any construction 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 construction contract funded in whole or in part from state or federal sources, state or federal standards and regulations shall control to the extent this article is inconsistent with such federal or state standards.

(Added Coun. J. 10-5-16, p. 33574, § 1)

2-92-810 Definitions.

   For purposes of this Article VII, the following definitions shall apply:

   "Construction contract" means a contract, purchase order or agreement (other than a lease of real property) for the construction, repair or improvement of any building, bridge, roadway, sidewalk, alley, railroad or other structure or infrastructure, awarded by any officer or agency of the City other than the City Council, and whose cost is to be paid from funds belonging to the City.

   "Local business enterprise" means a business entity located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State of Illinois (the "Six County Region").

   "Mid-sized Business Initiative construction program" or "MBI construction program" means the program established pursuant to this Article VII.

   "Mid-sized local business enterprise" or "MSB" means a local business enterprise: (i) that has gross receipts, averaged over its previous five fiscal years, or number of employees, per pay period averaged over the past 12 months, that do not exceed two times the size standards set forth in 13 C.F.R. Part 121; and (ii) which is at least 51 percent owned by one or more persons whose personal net worth is not more than two times the personal net worth of an "economically disadvantaged" person, as that term is defined in Section 2-92-670.

(Added Coun. J. 10-5-16, p. 33574, § 1; Amend Coun. J. 6-27-18, p. 80801, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

2-92-820 MBI construction program – Established.

   Unless otherwise prohibited by any federal, state or local law, the Chief Procurement Officer shall establish a race- and gender-neutral program to increase participation by MSBs in construction contracts. The Chief Procurement Officer is authorized to identify and offer construction contract projects for exclusive participation of MSBs. The estimated costs of such projects shall not be less than $10,000,000 nor more than $20,000,000.

(Added Coun. J. 10-5-16, p. 33574, § 1; Amend Coun. J. 6-27-18, p. 80801, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)