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)

2-92-830 MBI construction program – Eligibility.

   To be eligible for the MBI construction program, a business enterprise must:

   (1)   be a mid-sized local business enterprise;

   (2)   perform more than fifty percent of the work on the construction project with its own work force or subcontractors that are mid-sized local business enterprises; and

   (3)   be independent, and must not be an affiliate or subsidiary of any other business enterprise. For purposes of this subsection, the Chief Procurement Officer shall have the sole authority to determine the independence of a business enterprise.

(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)