MISCELLANEOUS (2-92-580 et seq.)

Municipal Code of Chicago tit. 2, ch. 2-92, art. V

in effect

Municipal Code of Chicago § 2-92-580 MacBride Ordinance - Pension fund investments in Northern Ireland.

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)

Municipal Code of Chicago § 2-92-585 Slavery Era Business / Corporate Insurance Disclosure.

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)

Municipal Code of Chicago § 2-92-586 Contracts - Business enterprises owned or operated by people with disabilities.

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.

Municipal Code of Chicago § 2-92-590 Recycled product procurement.

2-92-590 Recycled product procurement. (a) Whenever used in this section, unless the context otherwise requires, the following words and phrases shall have the following meanings: "Chlorine-free recycled paper" means paper or paper product in which the post-consumer and/or pre- consumer material components are processed for recycling without the use of chlorine or chlorine- containing compounds, and any virgin component of such paper is processed without the use of any chlorine or chlorine-containing compounds. "Post-consumer material" means only those materials generated by a consumer which have served their intended end use, and which have been separated or diverted from the waste stream for the purpose of collection and recycling as a secondary material feedstock, but does not include scrap material generated during the production of an end-product. All discarded consumer items collected from residential, commercial and business recycling program shall be considered post-consumer. "Practicable" means capable of being used or implemented without violating the following criteria: reasonable performance standards, availability within a reasonable period of time, and maintenance of a satisfactory level of competition in the bidding process. "Pre-consumer material" means material and by- products which have not reached a business or consumer for an intended end use and have been recovered or diverted from the waste stream, including but not limited to industrial scrap material, overstock or obsolete inventories from distributors, wholesalers and other companies, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process or separate operations within the same parent company. "Recycled material" means post-consumer material, pre-consumer material, or any combination of post- and pre-consumer material. "Reusable" means that the product or package was designed to be used a minimum of five times for its original intended purpose. This includes products that are designed to be recharged, repaired, serviced, cleaned or refilled, or have recyclable parts or materials so as to permit repeated uses. (b) The chief procurement officer shall biannually review its procurement specifications and procedures and revise them as necessary for the purchase of products and packaging in order to: (1) Ensure that performance standards, specifications and a product's intended end use are related and that specifications are not overly stringent for a particular end use or performance standard. (2) Eliminate specifications clauses and practices which exclude the use of paper or paper products manufactured from post-consumer materials or which require that paper or paper products be manufactured solely from virgin materials or materials that are not recyclable. (3) Revise or eliminate any standards or specifications unrelated to performance that present barriers to the purchase of paper or paper products made by production processes that eliminate discharges of dioxin and other harmful by-products. This evaluation shall include a review of unnecessary brightness and stock clause provisions, such as lignin content chemical pulp requirements. (4) Promote, wherever practicable, the purchase of paper and paper products made with post- consumer and chlorine-free materials, and the use of equipment that can operate with such materials, such as copying and printing machines. (5) Promote, wherever practicable, the purchase of products and packaging that may be recycled or reused upon serving their intended purpose. (c) On or before March 1, 1995, the chief procurement officer shall: (1) Establish, adopt and, biannually thereafter, update a list of designated recycled products that shall be purchased by the city wherever practicable. This list shall, at a minimum, contain the products specified in subsection (d). The chief procurement officer, in cooperation with the chief sustainability officer, may add recycled products to the list that are not specifically designated in this subsection. (2) Adopt minimum recycled content standards for designated recycled products. Except for printing and writing paper, minimum recycled content standards for designated recycled products shall require no less than ten percent post-consumer material. The chief procurement officer may raise the post-consumer content above ten percent when such an increase will result in an increase in the total utilization of post- consumer material within the products purchased, used or submitted. For goods, supplies, and materials for which the U.S. Environmental Protection Agency has adopted procurement guidelines under the Resource Conservation and Recovery Act of 1976 (P.L. 94-580, 42 U.S.C. 6901, et seq.) as amended, the minimum recycled content standard may not be less than content standards specified in such guidelines. Invitations to bid for the purchase of products specified by this ordinance shall set forth minimum recycled content standards that must be certified by the bidder in order to qualify for the price preference provisions in subsections (f) and (g). (d) The following products shall be considered as designated recycled products that can be procured if they meet the minimum recycled content standards: (1) Recycled paper and paper products, including, but not limited to: writing and copying paper, napkins, tissue and towels, uncoated boxboard, construction paper, computer printout, coffee filters, letterhead stationery, envelopes and printing; (2) Recycled antifreeze; (3) Recycled paint; (4) Building insulation products manufactured using recycled products; (5) Lubricating oil and hydraulic oil with refined oil content; (6) Products made from recycled tire products, including rubber mats and playfield surfaces; (7) Recharged laser printer toner cartridges; (8) Reusable products or products in reusable packaging; and (9) Other recycled products designated by D.P.S. in cooperation with the chief sustainability officer. (e) Notwithstanding subsection (c)(2), all purchases of printing and writing paper by the chief procurement officer shall meet or exceed the following minimum content standards: for high speed copier paper, offset paper, forms bonds, computer printout paper, carbonless paper, file folders and white woven envelopes and other uncoated printing and writing paper, such as writing and office paper, book paper, cotton fiber paper and cover stock, the minimum content standard, based on the total weight of the paper, shall be no less than 20 percent post-consumer material, beginning December 31, 1994. This minimum recycled standards shall increase to 30 percent on December 31, 1998. (f) For the purpose of determining lowest responsible bidder, the chief procurement officer may offer a price preference of up to ten percent for any designated recycled product when it determines that a price preference will significantly increase procurement of that product. Such price preference shall be pre- determined in the invitations to bid. Where there is a tie for the lowest responsible bid among suppliers offering a comparable recycled product, the recycled product containing the highest percentage of post-consumer material by weight shall be given higher priority, provided the quality is adequate for the purpose intended. (g) Notwithstanding subsection (f), in purchasing writing and printing paper, the chief procurement officer shall, where the quality is adequate to meet the intended purpose, offer a price preference of up to 20 percent for the recycled product or exceeding the standards specified in subsection (e) except where recycled paper is specially requested by a city department. Such price preference shall be pre-determined in the invitations to bid. (h) Notwithstanding subsections (f) and (g), whether the purchase price from a supplier of chlorine- free recycled paper or paper product that meets the standards set forth in subsections (c)(2) and (e) is equivalent to the price offered by the lowest responsible bidder for recycled paper or paper products also meeting the standards set forth in subsections (c)(2) and (e), the chief procurement officer shall, where the quality is adequate to meet the intended purpose, purchase the chlorine-free recycled paper, beginning March 1, 1995. (i) The recycled paper procurement goal for city departments expressed as a percentage of the total value of paper purchased shall be: not less than 45 percent by 1996 and not less than 60 percent by 1998. (j) All suppliers submitting bids to the chief procurement officer to provide recycled paper pursuant to this ordinance shall maintain records documenting the source and post-consumer material content used in this manufacture of such paper, shall submit a signed statement of certification from the manufacturer with each bid attesting to the source and post-consumer material content and shall provide documentation to the chief procurement officer when required. Such records shall be maintained for a period of three years from the date of the submission of any bid. (k) Whenever the chief procurement officer purchases recycled or chlorine-free paper products, or both for letterhead stationery, business cards, envelopes or publications by the city, the letterhead stationery, business card, envelope or other printed materials shall include a printed statement or symbol that indicates non-chlorine bleached or recycled paper is used, including the percentage of post-consumer content. (l) The chief procurement officer shall, wherever practicable, specify the use of printing inks made with soy-based material and limit the use of printing made of pigments using heavy metals, such as brilliant yellows, reds and other bright colors. (m) All contractors and consultants doing business with the city shall be advised of the city's policies regarding reusable, recycled, recyclable and chlorine- free materials. On or before December 31, 1994, the chief procurement officer shall establish guidelines requesting all bids, proposals, reports and other printed materials submitted to the city or its agents pursuant to contractual obligations to be submitted on recycled paper and utilize double sided printing. The guidelines shall include a provision allowing a contractor or consultant to request a waiver from this section if compliance would be technically infeasible. (n) The chief procurement officer may carry out the provisions of this ordinance through appropriate contractual measures and invitations to bid, and through the adoption of appropriate regulations as it deems necessary, that may vary from time to time based on economic and market conditions that are in the best overall interest of the city. (o) The chief procurement officer shall submit an annual report to the mayor and city council evaluating the effectiveness of this ordinance, including information on the total quantities, by volumes and dollar amount, of products that have been purchased with recycled and chlorine-free materials. (p) Nothing contained in this ordinance shall preclude any city department from requiring recycled and chlorine-free content as a bid specification. (q) Nothing in this ordinance shall be construed as requiring a department, contractor, consultant, or grantee to procure products that do not perform adequately for their intended use. (r) If any provision, clause, sentence, paragraph, section or part of this chapter, or application thereof to any person, firm, corporation or circumstance shall, for any reason, be adjudged by a court of competent jurisdiction to be unconstitutional or invalid, said judgment shall not affect, impair or invalidate the remainder of this chapter and the application of such provision to other persons, firms, corporations or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered and to the person, firm, corporation or circumstance involved. It is hereby declared to be the legislative intent of the city council that this chapter would have been adopted had such invalid provision or provisions not been included. (Added Coun. J. 9-14-94, p. 56187; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 9-4-02, p. 92670, § 3; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 2-92-595 Clean diesel contracting.

2-92-595 Clean diesel contracting. (a) Definitions. For purposes of this section, the following definitions shall apply: (1) "Biodiesel" means a fuel comprised of mono-alkyi esters of long chain fatty acids derived from vegetable oils or animal fats, designated B100, and meeting the requirements of the American Society for Testing Materials ("ASTM") D 6751. (2) "Biodiesel blend" means a blend of biodiesel meeting ASTM D 6751 with petroleum-based diesel fuel, designated BXX, where XX represents the volume percentage of biodiesel fuel in the blend. (3) "CARB" means the California Air Resources Board. (4) "Clean fleet score ("CFS") waiver grantee" means any construction firm to which the chief procurement officer has granted a clean fleet score annual waiver certificate pursuant to subsection (f) of this section. (5) "Compression-ignition engine" means a reciprocating, internal-combustion engine that is not a spark-ignition engine. (6) "Contract" means any contract, the amount of which is $2,000,000 or more, awarded by the city and whose cost is to be paid from funds belonging to or administered by the city, for construction projects including, but not limited to, the construction, demolition, restoration, repair, renovation, environmental remediation or environmental abatement of any building, structure, tunnel, excavation, roadway, bridge, transit station or parcel of land. The term "contract" does not include a fixed-price, fixed term, and indefinite quantity contract, such as contracts commonly referred to as "job order contracts," unless the estimated value of an individual order under the contract is $2,000,000 or more. (7) "Contractor" means any person that enters into a contract with the city. (8) "Department" means any city department or city agency that manages or supervises a contract awarded to a contractor. (9) "Engine model year" means the year designating the annual new model production period during which the engine was produced, determined in accordance with 42 U.S.C. § 7521(b)(3), 40 C.F.R. § 86.082-2, 40 C.F.R. § 89.2, or 13 C.C.R. § 2421(a)(37) for purposes of compliance with US EPA or CARB emissions certification requirements and may differ from the model year of the vehicle or equipment powered by the engine. (10) "Heavy-duty diesel vehicle" means a motor vehicle with a gross vehicle weight rating of at least 8,500 pounds that is powered by a compression- ignition engine and which is not a "heavy-duty alternative-fuel vehicle." (11) "Heavy-duty alternative-fuel vehicle" means a motor vehicle with a gross vehicle weight rating of at least 8,500 pounds that is powered by an engine fueled at a minimum 80 percent, as measured by energy content, by natural gas, liquefied petroleum gas (commonly known as "propane"), hydrogen, or another fuel designated as an alternative fuel by the United States Department of Energy. (12) "Level 1 Control" means a verified diesel emission control retrofit device that achieves a particulate matter (PM) emission reduction of 25 percent or more from uncontrolled compression-ignition engine emission levels. (13) "Level 2 Control" means a verified diesel emission control retrofit device that achieves a particulate matter (PM) emission reduction of 50 percent or more from uncontrolled compression-ignition engine emission levels. (14) "Level 3 Control" means a verified diesel emission control retrofit device that achieves a particulate matter (PM) emission reduction of 85 percent or more from uncontrolled compression-ignition engine emission levels. (15) "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on a street or highway. (16) "Non-road engine" means a fifty horsepower or greater compression-ignition engine: (i) in or on a piece of equipment that is self-propelled (such as a cart or truck that is not a motor vehicle) or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or (ii) in or on a piece of equipment that is intended to be propelled while performing its function (such as pushed or towed equipment); or (iii) that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. The term "non-road engine" does not include an engine that is used in a motor vehicle or vehicle used solely for competition, or in a stationary source, except that this term shall include compression-ignition engines used to power portable generators, portable compressors or similar equipment used in any construction program or project. (17) "Non-road equipment" means equipment that is powered by a non-road engine. (18) "Non-road vehicle" means a vehicle that is powered by a non-road engine and that is not a motor vehicle or a vehicle used solely for competition. (19) "Reporting day" means the fifth day on which city business is transacted following the last working day of every reporting period. (20) "Reporting period" means (i) every 60 working day period from the beginning of work on the contract; or (ii) the period between the first working day and the last working day, if the contract is completed in less than a 60 working day period; or (iii) any period following the last day of the last 60 working day period up to and including the last working day, if such period consists of not more than 75 working days and, if such period consists of more than 60 working days, the contractor provides a written notice to the department before the 60th working day that such period will consist of more than 60 working days. (21) "Solicitation" means the process used to communicate procurement requirements and to request responses from interested vendors. (22) "Spark-ignition engine" means a gasoline-fueled engine or other engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle and uses a throttle to regulate intake air flow to control power during normal operation. (23) "Subcontractor" means any person that enters into a contract with a contractor to perform work on a contract. (24) "Tier 1 Non-road Diesel Standards," "Tier 2 Non-road Diesel Standards," "Tier 3 Non-road Diesel Standards," or "Tier 4 Non-road Diesel Standards" means US EPA's Tier 1, Tier 2, Tier 3, or Tier 4 Non-road engine emission standards, respectively, as specified in 40 C.F.R. § 89.112(a), 40 C.F.R. § 1039.101, and 40 C.F.R. § 1039.102. (25) "Ultra low sulfur diesel fuel" means diesel fuel that has a sulfur content of no more than fifteen parts per million. (26) "US EPA" means the United States Environmental Protection Agency. (27) "Verified diesel emission control retrofit device" means an emission control device or strategy that has been verified to achieve a specified diesel PM reduction by US EPA or CARB. "Verified diesel emission control retrofit device" does not mean the use of ultra low sulfur diesel fuel alone or a device installed by the engine manufacturer for purposes of compliance with US EPA or CARB emissions certification requirements. (28) "VIN" means vehicle identification number. (29) "Working day" means a day on which work is performed on a construction project site pursuant to a contract. (b) Emission reduction. (1) Any solicitation for a contract advertised or otherwise communicated on or after June 1, 2011, and any contract entered into as a result of such solicitation shall include a specification that the contractor and any subcontractor, including a CFS waiver grantee, shall use ultra low sulfur diesel fuel for any heavy-duty diesel vehicle, non-road vehicle or non-road equipment used in the performance of the contract. (2) Any solicitation for a contract advertised or otherwise communicated on or after June 1, 2011, and any contract entered into as a result of such solicitation shall include a specification that the contractor or any subcontractor, including a CFS waiver grantee, shall minimize idling of motor vehicles and non-road vehicles used in the performance of the contract during periods of inactivity and shall comply with the anti-idling requirements imposed by any applicable federal, state or local law. (3) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2014, and any contract entered into as a result of such solicitation shall include a specification that any contractor or any subcontractor, including a CFS waiver grantee, shall not use any of the following vehicles and equipment in the performance of the contract: (i) any heavy-duty diesel vehicle not meeting or exceeding the US EPA's emission standards for heavy-duty diesel vehicles for the 1998 engine model year, unless such vehicle is fitted with a verified diesel emission control retrofit device; or (ii) any non-road vehicle or non-road equipment not meeting or exceeding the US EPA's Tier 1 Non-road Diesel Standards, unless such vehicle or equipment is fitted with a verified diesel emission control retrofit device. (4) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2014, and any contract entered into as a result of such solicitation shall include a specification that the heavy- duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of such contract must incorporate such engine or retrofit technology so that the contractor, through such engine or retrofit technology used directly by the contractor and all subcontractors, shall have a minimum of 2.1 clean fleet score per a reporting period, as calculated by using the methodology described in subsection (c)(5) of this section. Such solicitation and contract shall also include a specification that the contractor may exclude from the calculation of the clean fleet score all of the heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of the contract during a reporting period that are owned or leased by any CFS waiver grantee. (5) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2017, and any contract entered into as a result of such solicitation shall include a specification that the heavy- duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of such contract must incorporate such engine or retrofit technology so that the contractor, through such engine or retrofit technology used directly by the contractor and all subcontractors, shall have a minimum of 3.0 clean fleet score per a reporting period, as calculated by using the methodology described in subsection (c)(5) of this section. Such solicitation and contract shall also include a specification that the contractor may exclude from the calculation of the clean fleet score up to fifty (50) percent of all the heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of the contract during a reporting period that are owned or leased by any CFS waiver grantee. (6) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2020, and any contract entered into as a result of such solicitation shall include a specification that the heavy- duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of such contract must incorporate such engine or retrofit technology so that the contractor, through such engine or retrofit technology used directly by the contractor and all subcontractors, shall have a minimum of 4.0 clean fleet score per a reporting period, as calculated by using the methodology described in subsection (c)(5) of this section. Such solicitation and contract shall also include a specification that the contractor may exclude from the calculation of the clean fleet score up to twenty-five (25) percent of all the heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of the contract during a reporting period that are owned or leased by any CFS waiver grantee. (c) Compliance. (1) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2014, and any contract entered into as a result of such solicitation shall include a specification that the contractor shall submit a written compliance plan to the department with respect to compliance with the requirements of this section within 14 days following the notice to proceed. The plan shall detail the strategy to be used by the contractor to comply with the requirements of this section. The chief procurement officer is authorized to determine the contents of a compliance plan by rules and regulations promulgated pursuant to subsection (h) of this section. (2) On every reporting day, the contractor must submit to the department a detailed report of all heavy-duty diesel motor vehicles, non-road vehicles and non-road equipment used in the performance of such contract during the reporting period preceding the reporting day. The report shall, on a form provided by the city, include the following: (i) Names, addresses, and telephone numbers of the contractor, any subcontractor, and the person responsible for the operation of the vehicles or equipment listed on the report; (ii) for each heavy-duty diesel vehicle, the manufacturer, engine manufacturer, engine model year, VIN, the specific type of fuel that was used, and estimated hours of operation during the period covered by the report; (iii) For each non-road vehicle and non-road equipment, the manufacturer, engine manufacturer, serial number or engine serial number, engine US EPA Tier rating, the specific type of fuel that was used, and estimated hours of operation during the period covered by the report; (iv) For any heavy-duty diesel vehicle, non-road vehicle or non-road equipment fitted with a verified diesel emission control retrofit device, the retrofit device type, US EPA or CARB verification level and year of installation, in addition to the information required by subsections (c)(2)(ii) and (c)(2)(iii) of this subsection; (v) A clean fleet score calculated in accordance with the provisions of this subsection; and (vi) A certification that the contractor has met the requirements of this section and the terms of the contract specified pursuant to the provisions of this section. (3) For the purpose of calculating a clean fleet score, each heavy-duty diesel vehicle, heavy-duty alternative-fuel vehicle, non-road vehicle and non-road equipment used in the performance of the contract shall be assigned a numerical value, as follows: (i) 0 points for any heavy-duty diesel vehicle with an engine model year of 2003 or earlier not fitted with any verified diesel emission control retrofit device; (ii) 0 points for any non-road vehicle and non-road equipment meeting US EPA's Tier 1 Non-road Diesel Standards and not fitted with any verified diesel emission control retrofit device; (iii) 1 point for any heavy-duty diesel vehicle with an engine model year of 2004, 2005 or 2006 and not fitted with any verified diesel emission control retrofit device; (iv) 1 point for any heavy-duty diesel vehicle, non-road vehicle and non-road equipment fitted with a Level 1 Control; (v) 2 points for any non-road vehicle and non-road equipment meeting US EPA's Tier 2 Non-road Diesel Standards and not fitted with any verified diesel emission control retrofit device; (vi) 2.25 points for any non-road vehicle and non-road equipment meeting US EPA's Tier 3 Non-road Diesel Standards and not fitted with any verified diesel emission control retrofit device; (vii) 3 points for any heavy-duty diesel vehicle, non-road vehicle and non-road equipment fitted with a Level 2 Control; (viii) 3 points for any heavy-duty alternative-fuel vehicle with an engine model year of 2004, 2005 or 2006; (ix) 4 points for any heavy-duty diesel vehicle with an engine model year of 2007, 2008 or 2009 and not fitted with any verified diesel emission control retrofit device; (x) 4 points for any heavy-duty alternative-fuel vehicle with an engine model year of 2007, 2008 or 2009; (xi) 4 points for any non-road vehicle and non-road equipment meeting US EPA's Tier 4 Non-road Diesel Standards and not fitted with any verified diesel emission control retrofit device; (xii) 4 points for any heavy-duty diesel vehicle, non-road vehicle or non-road equipment fitted with a Level 3 Control; (xiii) 5 points for any heavy-duty diesel vehicle with an engine model year of 2010 or later; (xiv) 5 points for any heavy-duty alternative-fuel vehicle with an engine model year of 2010 or later; and (xv) 5 points for any heavy-duty diesel vehicle, non-road vehicle and non-road equipment fitted with a verified diesel emission control retrofit device exceeding the efficiency levels of a Level 3 Control to the extent that the verified diesel emission control retrofit device provides emissions reductions equivalent to the US EPA requirements for heavy-duty diesel vehicles engine model year 2010. (4) Each heavy-duty diesel vehicle, non-road vehicle and non-road equipment used in the performance of the contract shall be assigned only the maximum assigned point value for which it qualifies during one reporting period; provided, however, that the maximum assigned value for each heavy-duty diesel vehicle, non-road vehicle and non-road equipment listed in subsections (c)(3)(i) through (c)(3)(vii) of this section that consumed only a B20 or greater biodiesel blend during the reporting period shall be increased by one half point. (5) The clean fleet score for each reporting period shall be calculated by adding the numerical point values allocated, in accordance with subsections (c)(3) and (c)(4) of this section, to each heavy-duty diesel vehicle, non-road vehicle and non-road equipment used in the performance of the contract during the reporting period and dividing the total numerical point values by the total number of all heavy-duty diesel vehicles, non- road vehicles and non-road equipment used in the performance of the contract during the reporting period; provided, however, the contractor may, to the extent specified in the contract pursuant to subsections (b)(4), (b)(5) and (b)(6) of this section, exclude from the calculation of the clean fleet score heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of the contract during the reporting period that are owned or leased by all CFS waiver grantees. (d) Costs. All costs associated with meeting the requirements imposed pursuant to this section are incidental to the overall contract. No additional time or monies will be granted to the contractor for compliance with the requirements imposed pursuant to this section and any regulations promulgated pursuant thereto. (e) Enforcement. Any solicitation for a contract subject to the provisions of this section and any contract entered into as a result of such solicitation shall include terms necessary to enforce the provisions of this section, including, but not limited to, terms: (1) requiring the contractor and subcontractors to comply with the provisions of this section; (2) specifying that any city agency may conduct an audit to verify the contractor's compliance with the requirements of this section and the terms of the contract specified pursuant to the provisions of this section; (3) specifying that the commissioner or head of the department or any other city agency designated by the commissioner or head of the department is authorized to inspect or to have inspected any vehicle or equipment in order to ensure full compliance with contract requirements specified pursuant to subsections (b)(1), (b)(2), and (b)(3) of this section; (4) specifying that in the event of violation of any of the specifications required pursuant to subsections (b)(1), (b)(2), and (b)(3) of this section, liquidated damages shall be assessed against the contractor in the amount of $5,000 for each violation and that each day of noncompliance shall be a separate violation; provided, however, the damages shall not exceed a total of $50,000 for any one vehicle or piece of equipment; that such liquidated damages are not imposed as a penalty but as an estimate of the damages that the city will sustain from delay in completion of the project and inspection and other enforcement costs, as well as the resultant damages to the public health of its citizens, which damages by their nature are not capable of precise proof; and authorizing the city to withhold and deduct from monies otherwise payable to the contractor the amount of liquidated damages due to the city; and (5) specifying that in the event the contractor has not met the minimum clean fleet score specified pursuant to subsections (b)(4), (b)(5) or (b)(6) of this section during any reporting period, liquidated damages shall be assessed against the contractor in the dollar amount that shall be calculated as follows: (RCFS – ACFS) × $500.00 × the number of working days in the reporting period; where RCFS stands for the minimum required clean fleet score during the reporting period and ACFS stands for the actual clean fleet score obtained by the contractor in the reporting period. Such solicitation or contract shall also specify that noncompliance during each reporting period shall be a separate violation; that such liquidated damages are not imposed as a penalty but as an estimate of the damages that the city will sustain from delay in completion of the project and inspection and other enforcement costs, as well as the resultant damages to the public health of its citizens, which damages by their nature are not capable of precise proof; and authorizing the city to withhold and deduct from monies otherwise payable to the contractor the amount of liquidated damages due to the city. (e-1) Except as otherwise provided in subsection (f)(5) of this section, any person who knowingly makes a false statement of material fact to any city agency with respect to compliance with any of the contract requirements specified pursuant to any of the provisions of this section or rules and regulations promulgated thereunder shall be fined not less than $1,000.00 nor more than $5,000.00 for each such false statement. For purposes of this section, a person knowingly makes a false statement of material fact when such person makes a false statement of material fact as described in subsection (d) of section 1-21-010 of this Code. (f) Clean fleet score annual waiver. (1) Any construction firm may apply to the chief procurement officer for a clean fleet score annual waiver certificate. Applications for a clean fleet score annual waiver certificate shall be on a form provided by the department of procurement services and shall be accompanied by a non-refundable application fee of $100.00. The application shall also include all of the following information and statements which shall be verified by affidavit: (i) list of all heavy-duty diesel vehicles, non-road vehicles and non-road equipment owned or leased by the applicant at the time of application, including the horsepower, and, to the extent applicable, the manufacturer, engine manufacturer, engine model year, VIN, serial number or engine serial number, and engine US EPA Tier rating of each of such vehicles and equipment (for purposes of this subsection, "listed vehicles and equipment"); (ii) a statement that the sum total horsepower of all of the listed vehicles and equipment is less than or equal to 2,500 horsepower (hp); and (iii) a statement that repowering, replacing or retrofitting all or some of the listed vehicles and equipment in order to comply with contract requirements that shall be specified in accordance with the provisions of this section will cause the applicant to suffer an undue financial hardship. (2) If, upon review of the application, the chief procurement officer or his or her designee determines that the applicant has met all of the requirements set forth in subsection (f)(1) of this section, the chief procurement officer is authorized to grant a clean fleet score annual waiver certificate to the applicant. (3) Any contractor may exclude from the calculation of the clean fleet score, to the extent allowed in subsection (b)(4), (b)(5), and (b)(6) of this section, the heavy-duty diesel vehicles, non-road vehicles and non-road equipment used in the performance of the contract during a reporting period that are owned or leased by any CFS waiver grantee. (4) A clean fleet score annual waiver certificate granted pursuant to this subsection shall be valid as long as the grantee continues to qualify for such waiver; provided, however, no such waiver shall be valid for more than a one year period from the time it has been granted; and further provided that the commissioner may renew the clean fleet score annual waiver certificate for additional one year periods upon submission by the CFS waiver grantee of a statement verified by affidavit that any of the information and statements that the CFS waiver grantee submitted to the commissioner to qualify for the waiver are not changed. (5) Any person who knowingly makes a false statement of material fact to the chief procurement officer with respect to a clean fleet score annual waiver certificate application specified in this subsection or rules and regulations promulgated thereunder shall be subject to the penalties provided in section 1-21-010 of this Code. For purposes of this section, a person knowingly makes a false statement of material fact when such person makes a false statement of material fact as described in subsection (d) of section 1-21-010 of this Code. (6) No clean fleet score annual waiver certificate shall be granted as of January 1, 2023. (g) Recordkeeping. The contractor shall maintain copies of plans, reports and clean fleet scores prepared or calculated and submitted in accordance with subsections (c)(1) and (c)(2) of this section for a period of three years after the completion of the contract, and, if requested by any city agency, shall make them available for the purpose of auditing. (h) Regulations. The chief procurement officer is authorized to adopt rules and regulations she may deem appropriate for the administration and enforcement of the provisions of this section. (i) Scope. (1) This section shall not apply to any contract to the extent that the requirements imposed by this section are 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. (2) Any contractor, subcontractor or CFS waiver grantee, performing a contract that the commissioner of aviation is authorized to enter into in relation to the design, construction, operation and maintenance of all public airports owned or operated by the city, including, but not limited to, O'Hare Modernization Program contracts, as the term "O'Hare Modernization Program" is defined in section 2-20-025(a) of this Code, shall comply with (i) the construction air quality specifications set forth in any such contract, and (ii) all contract requirements that shall be specified in accordance with the provisions of this section; provided, however, for the purpose of this subsection (i)(2)(ii), any contractor may exclude from the calculation of the clean fleet score the vehicles and equipment used in the performance of the contract during a reporting period that are owned or leased by any CFS waiver grantee to the extent allowed in subsection (b)(4), (b)(5), and (b)(6) of this section. (j) Sunset. Unless otherwise provided by ordinance, the provisions of subsections (c)(1) and (c)(2) of this section shall expire on December 31, 2030. (Added Coun. J. 4-13-11, p. 115270, § 1; Amend Coun. J. 7-6-11, p. 2826, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)

Municipal Code of Chicago § 2-92-597 Safety-enhancing vehicle equipment contracting.

2-92-597 Safety-enhancing vehicle equipment contracting. (a) Definitions. For purposes of this section, the following definitions shall apply: “Commissioner” means the Commissioner of Fleet and Facility Management. "Construction contract" means a contract for a construction project, including, but not limited to, a project for the construction, demolition, restoration, repair, renovation, environmental remediation or environmental abatement of any building, structure, tunnel, excavation, roadway, bridge, transit station or parcel of land. "Contract" means any contract awarded by the city and whose cost is to be paid from funds belonging to or administered by the city for: (i) a construction contract that has an estimated contract value of $2,000,000 or more; (ii) a fixed-price, fixed term, and indefinite quantity construction contract, such as contracts commonly referred to as "job order contracts", when the estimated value of an individual order under the contract is $2,000,000 or more; and (iii) a non-construction contract that has an estimated contract value of $2,000,000 or more, and whose performance requires the use of a large vehicle, as determined by the head of the department and the chief procurement officer. "Contractor" means any person that enters into a contract with the city. "Conventional cab" means a large vehicle configuration in which the driver is behind the front axle and the engine is in front of the axle under a discrete hood. "Convex mirrors" means wide-angle mirrors that enable the operator of a large vehicle to see along the left and right sides of the vehicle by allowing a view of all points on an imaginary horizontal line which is: (i) three feet above the road; and (ii) one foot outside the plane defined by the outer face of the wheels. "Crossover mirror" means a fender-mounted or hood-mounted mirror that enables the operator of a large vehicle with a conventional cab to see: (i) any person or object at least three feet tall passing one foot in front of the vehicle; and (ii) the area from the front bumper to where direct vision is possible. "Department" means any city department or city agency that manages or supervises a contract awarded to a contractor. "Large vehicle" means any motor vehicle with a gross vehicle weight rating exceeding 10,000 pounds, except an ambulance, fire apparatus, low-speed vehicle with maximum speed under 15 mph, or agricultural tractor. "Lateral protective device" or "vehicle side guard" means an apparatus installed between the front and rear wheels of a large vehicle that is designed to prevent road users from falling underneath the vehicle. "Subcontractor" means any person that enters into any tier subcontract to perform work on a contract. "Volpe side guard standard" means the United States Department of Transportation's Volpe side guard standard published and referred to as US DOT Standard DOT-VNTSC-OSTR-16-05, as amended; or a functionally equivalent national vehicle side guard standard, as determined by the commissioner. (b) Safety enhancing requirements. Any solicitation for a contract advertised or otherwise communicated after the effective date of this ordinance, and any contract entered into as a result of such solicitation shall include a specification that the contractor and any subcontractor shall retrofit large vehicles used in the performance of the contract, in accordance with the phase-in period provided pursuant to subsection (c), with: (1) Lateral protective devices. This requirement shall be considered satisfied if: (i) the vehicle is equipped with vehicle side guards in accordance with the requirements of the Volpe side guard standard; or (ii) the vehicle is so designed or equipped at the side that, by virtue of its shape and characteristics, its component parts can be regarded as replacing or functioning as vehicle side guards in accordance with the Volpe side guard standard; or (iii) the vehicle cannot be retrofitted with lateral protective devices as attested by the contractor or the subcontractor in a statement accompanied by certification from two manufacturers of such devices. (2) Left and right side convex mirrors; and (3) At least one crossover mirror on the passenger side. (c) Phase-in period. Except when a contractor or a subcontractor is granted a waiver pursuant to subsection (g), the requirements of subsection (b) shall apply to: (i) one-fourth of a contractor's or a subcontractor's large vehicles used in the performance of a contract on or after July 1, 2018 but before July 1, 2019; (ii) one-half of a contractor's or a subcontractor's large vehicles used in the performance of a contract on or after July 1, 2019 but before July 1, 2020; (iii) three-fourths of a contractor's or a subcontractor's large vehicles used in the performance of a contract on or after July 1, 2020 but before July 1, 2021; and (iv) all of a contractor's or a subcontractor's large vehicles used in the performance of a contract on or after July 1, 2021. (d) Compliance. (1) Any solicitation for a contract advertised or otherwise communicated after the effective date of this ordinance, and any contract entered into as a result of such solicitation shall include a specification that the contractor shall submit a written compliance plan to the commissioner with respect to compliance with the requirements of this section within 14 days following the notice to proceed or the placing of the first order under the contract, as applicable. (2) Every twelve-month period following the notice to proceed or the placing of the first order under the contract, as applicable, or when requested by the commissioner, the contractor must submit to the commissioner, in a form and manner provided by the chief procurement officer, a report that includes the following: (i) the number of large vehicles used in the performance of the contract by the contractor and any subcontractor; (ii) the number of large vehicles used in the performance of the contract by the contractor and any subcontractor that are retrofitted with safety enhancing equipment as required in subsection (b) of this section; (iii) one or more photographs of each large vehicle used in the performance of the contract by the contractor and any subcontractor that is retrofitted with safety enhancing equipment as required in subsection (b) of this section. The photographs must show the large vehicle's license plate number with the safety enhancing equipment fitted on the vehicle; and (iv) a certification that the contractor and any subcontractor in the contract have met the requirements of this section and the terms of the contract specified pursuant to this section. (e) Costs. All costs that the contractor or any subcontractor may incur to comply with contract requirements imposed pursuant to this section are incidental to the overall contract. No additional time or monies shall be granted to the contractor for compliance with these requirements. (f) Enforcement. (1) Any solicitation for a contract subject to the provisions of this section and any contract entered into as a result of such solicitation shall include terms necessary to enforce this section, including, but not limited to, terms that: (i) require the contractor and any subcontractor to the contract to comply with this section; and (ii) specify that the chief procurement officer or the head of the department is authorized to inspect or to have inspected any large vehicle used in the performance of the contract in order to ensure compliance with contract requirements specified pursuant to this section. (2) In addition to other remedies provided by law or specified in the contract, any person who knowingly makes a false statement of material fact to any city agency with respect to compliance with any contract requirements specified pursuant this section or rules promulgated thereunder shall be fined not less than $1,000.00 nor more than $5,000.00 for each such false statement. For purposes of this section, a person knowingly makes a false statement of material fact when such person makes a false statement of material fact as provided in subsection (d) of Section 1-21-010. (g) Annual waiver. (1) Any person may apply to the chief procurement officer for an annual waiver from the requirements of this section. Application for the annual waiver shall be on a form provided by the department of procurement services and shall be accompanied by a non-refundable application fee of $100.00. The application shall include all of the following information and statements, which shall be verified by affidavit: (i) a list of all large vehicles that the applicant owns, leases or otherwise controls to do the applicant's business; and (ii) a statement, accompanied by supporting financial statements, that retrofitting the applicant's large vehicles in order to comply with contract requirements that shall be imposed pursuant to this section would cause the applicant to suffer an undue financial hardship. (2) If, upon review of the application, the chief procurement officer or his or her designee determines that: (i) the applicant has met all of the requirements in subsection (g)(1) of this section; and (ii) compliance with the requirements of this section will cause the applicant to suffer an undue financial hardship, the chief procurement officer is authorized to grant an annual waiver to the applicant. (3) An annual waiver granted pursuant to this subsection shall expire one year from the date it has been granted; provided, however, the chief procurement officer may renew the waiver for additional one-year periods if the grantee shows, in a manner the chief procurement officer determines by rule, that the grantee continues to be eligible for the waiver. (h) Time extension. Upon a written request, accompanied by a compliance plan, of a contractor or subcontractor of a contract entered on or before December 31, 2018, the chief procurement officer, in consultation with the department, may grant time extension of not more than six months for compliance with the requirements of this section with regard to the contract. (i) Rules. The chief procurement officer, in consultation with the commissioner and the commissioner of transportation, is authorized to adopt rules for the proper administration and enforcement of this section. (Added Coun. J. 7-26-17, p. 53338, § 2; Amend Coun. J. 11-20-19, p. 9510, Art. IV, § 8; Amend Coun. J. 11-26-19, p. 11390, Art. III, § 6; Amend Coun. J. 11-15-23, p. 6542, Art. I, § 8)

Municipal Code of Chicago § 2-92-600 Joint procurement.

2-92-600 Joint procurement. (a) For purposes of this section: (1) "Governmental entity" means the federal government or any agency thereof, any state, county, municipality, township, special district, school district, or any other governmental entity created by law; (2) "Joint procurement agreement" means any agreement duly executed between the city and one or more governmental entities in order to jointly procure; (3) "Multi-party purchasing agreement" means a purchasing agreement duly executed among the city, one or more other governmental entities, and a selected vendor; (4) "Procure" means to obtain personal property, supplies and services, or otherwise to undertake other procurement functions, including, but not limited to, issuing requests for proposals and requests for qualifications. (b) The chief procurement officer is authorized to execute joint procurement agreements with one or more governmental entities; (c) When in her judgment it would benefit the City, the chief procurement officer is authorized to procure in conjunction with one or more governmental entities. All such procurements shall be pursuant to a competitive procurement process or other applicable procurement procedure conducted by the city or another governmental entity consistent with their normal procurement practices, any applicable joint procurement agreement executed pursuant to subsection (b) of this section, and the applicable requirements of the Governmental Joint Purchasing Act, 30 ILCS 525/0.01, et seq., as amended, provided, however, if there is a conflict between the joint procurement agreement and the Act, the former shall prevail. The chief procurement officer may procure by either: (1) Executing multi-party purchasing agreements, subject to the approval of the mayor, the comptroller and the corporation counsel as to form and legality. Each multi-party purchasing agreement must provide that the city will not be responsible for any liabilities incurred by other governmental entities arising therefrom, and shall contain such other terms and conditions as the chief procurement officer deems necessary or appropriate. The chief procurement officer may allow other governmental entities to subsequently become parties to already-executed multi-party purchasing agreements. The chief procurement officer is authorized to require these governmental entities to execute agreements binding them to the terms and conditions of the multi-party purchasing agreements in a form acceptable to the chief procurement officer, or require these governmental entities to satisfy any other condition or term set forth in the multi-party purchasing agreements, or (2) Issuing an order under a contract previously awarded by another governmental entity, if such contract was awarded pursuant to that governmental entity's applicable procurement procedures. Such order shall contain terms that the chief procurement officer deems necessary or appropriate, but need not contain provisions imposed by city ordinances or State law, unless such provisions are mandatory and preempt the city's home rule authority. Any such order must be executed by the chief procurement officer, the comptroller, and the contractor. (d) Before entering any agreement pursuant to this section, the chief procurement officer first shall evaluate the legal feasibility of, and practical potential for, MBE/WBE participation, and shall, if such participation is legally feasible and appropriate, make all reasonable efforts to include such participation, at the levels contemplated by this chapter, in such agreement; (e) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of the provisions of this section; (f) Nothing in this section shall be construed to diminish the authority and powers of the chief procurement officer under the Municipal Purchasing Act for Cities of 500,000 or more population, 65 ILCS 5/8-10-1, et seq. (Added Coun. J. 10-5-11, p. 8563, § 1) Editor's note – Coun. J. 10-5-11, p. 8563, § 1, repealed former § 2-92-600, which pertained to joint purchasing of natural gas.

Municipal Code of Chicago § 2-92-605 Sweatshop-free procurement.

2-92-605 Sweatshop-free procurement. (a) For purposes of this section, the following definitions shall apply: (1) "Abusive forms of child labor" means (1) work performed by a person under the age of 18 when the person does not voluntarily seek the work or the person is threatened by the person's employer with physical, mental or emotional harm for nonperformance; (2) work performed by a person under the age of 18 in violation of the laws of the applicable jurisdiction governing the minimum age of employment, compulsory education, or occupational health and safety; or (3) the use of a person under the age of 18 for illegal activities, including, but not limited to, the production or trafficking of illicit drugs or for prostitution. (2) "Contract" means any contract, purchase order or agreement awarded by any officer or agency of the city for purchasing garments, and whose cost is to be paid from funds belonging to or administered by the city. (3) "Contractor" means the person to whom a contract is awarded. (4) "Subcontractor" means any person that enters into a subcontract agreement directly with a contractor for any work under a contract. (5) "Foreign convict or forced labor" means any form of labor used to produce or manufacture goods prohibited from importation into the United States under 19 U.S.C. § 1307, which includes abusive forms of child labor and slave labor. (6) "Garment" means any clothing, including uniforms, footwear, and related clothing accessories, such as hats and caps, ties, scarves, ribbons and shoestrings. (7) "Slave labor" means any form of slavery, sale and trafficking of persons, debt bondage, indentured servitude, serfdom, or forced or compulsory labor. (8) "Supply chain" means any manufacturer or distributor of garments. (9) "Sweatshop labor" means any work performed by a person engaged by a contractor or subcontractor which has habitually violated laws of any applicable jurisdiction governing wages, working hours, overtime, employee benefits, occupational health and safety, nondiscrimination, or freedom of association. "Sweatshop labor" also means any work performed by a person engaged by a contractor or subcontractor that constitutes foreign convict or forced labor, or abusive forms of child labor or slave labor. (b) Any solicitation for a contract advertised or otherwise communicated on or after January 1, 2015, and any contract entered into as a result of such solicitation, shall include a specification that the contractor shall: (1) disclose to the city, in a form prescribed by the chief procurement officer, information regarding the contractor's supply chain for the performance of the contract, including company names, business addresses, phone numbers, e-mail addresses, and contact names; and (2) complete an affidavit verifying that neither the contractor nor any of its subcontractors shall engage or otherwise utilize, in the performance of the contract, any supply chain that uses sweatshop labor. (c) A contractor's failure to comply with this section shall constitute an event of default. In the event of default for failure to comply with this section, the chief procurement officer shall notify the contractor of such noncompliance and may, as appropriate: (i) issue the contractor a 30-day opportunity to cure; (ii) terminate the contract; or (iii) terminate the contract and rebid the remaining contract amount. This section shall not be construed to prohibit the city from also prosecuting any person who knowingly makes a false statement of material fact to the city pursuant to Chapter 1-21 of this Code. (d) This section shall not apply to the extent it is preempted by applicable federal or state law or to the extent it conflicts with the terms or conditions of a federal or state of Illinois grant agreement. (e) The chief procurement officer is authorized to participate as a member of a sweat-free purchasing consortium of public entities and not-for-profit associations, organized to facilitate efficient sweat-free purchasing, and to execute all such instruments and to perform any and all acts, including the expenditure of funds subject to appropriation therefor, necessary for such membership. (f) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of this section. (Added Coun. J. 7-30-14, p. 85515, § 1)

Municipal Code of Chicago § 2-92-610 Reserved. Editor's note – Coun. J. 11-26-19, p. 11390, Art. VI, § 5, repealed § 2-92-610, which pertained to contracts requiring a base wage.

Municipal Code of Chicago § 2-92-612 Policy prohibiting sexual harassment.

2-92-612 Policy prohibiting sexual harassment. (a) For purposes of this section, the following definitions shall apply: "Contract" means any contract, purchase order, construction project, or other agreement (other than a delegate agency contract or lease of real property or collective bargaining agreement) awarded by the City and whose cost is to be paid from funds belonging to or administered by the City. "Contractor" means the person to whom a contract is awarded. "Sexual harassment" means any (i) unwelcome sexual advances or unwelcome conduct of a sexual nature; (ii) requests for sexual favors or conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, or (2) submission to or rejection of such conduct by an individual is used as the basis for any employment decision affecting the individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment; or (iii) sexual misconduct, which means any behavior of a sexual nature which also involves coercion, abuse of authority, or misuse of an individual's employment position. "Subcontractor" means any person that enters into a contract with a contractor to perform work on a contract. (b) Any solicitation for a contract advertised or otherwise communicated, and any contract entered into as a result of such solicitation, shall include a specification that the contractor shall, as prescribed by the Chief Procurement Officer, attest by affidavit that the contractor has a written policy prohibiting sexual harassment in compliance with Section 6-10-040. (c) A contractor's failure to have a written policy prohibiting sexual harassment as provided in subsection (b) shall constitute an event of default. In the event of default, the Chief Procurement Officer shall notify the contractor of such noncompliance and may, as appropriate: (i) issue the contractor an opportunity to cure consistent with the default provisions in the contract; (ii) terminate the contract; or (iii) take any other action consistent with the default provisions in the contract. This section shall not be construed to prohibit the City from prosecuting any person who knowingly makes a false statement of material fact to the city pursuant to Chapter 1-21 of this Code, or from availing itself of any other remedies under contract or law. (d) The Chief Procurement Officer is authorized to adopt rules that require a subcontractor to have a written policy prohibiting sexual harassment consistent with this section. (Added Coun. J. 3-28-18, p. 74454, § 1; Amend Coun. J. 4-27-22, p. 46382, § 5)

Municipal Code of Chicago § 2-92-615 Requests for proposals and requests for qualifications.

2-92-615 Requests for proposals and requests for qualifications. (a) (i) When the chief procurement officer determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the city, she may enter into contracts through competitive sealed proposals. (ii) In addition to any other factor that may be provided by rule, the chief procurement officer shall consider the following factors in determining whether competitive sealed bidding is not practicable or not advantageous to the city: (1) whether the contract needs to be other than a fixed-price type; (2) whether oral or written discussions and negotiations need to be conducted with responsible vendors concerning technical and price aspects of their proposals; (3) whether responsible vendors may need to be afforded the opportunity to revise their proposals, including price; (4) whether award of the contract needs to be based upon a comparative evaluation of differing price, quality, and contractual factors in order to determine the most advantageous offer to the city. Quality factors include technical and performance capability and the content of the technical proposal; (5) whether the primary consideration in determining the award of the contract may not be price; (6) whether the contract by its nature is not adapted to award by competitive bidding, including, but not limited to, a contract for the service of an individual possessing a high degree of professional skill where the ability or fitness of the individual plays an important part; (7) whether prior city procurements indicate that competitive sealed proposals may result in more beneficial contracts for the city; and (8) whether the factors listed in subsection (a)(ii)(1) to (a)(ii)(5) of this section are desirable, in conducting a procurement, rather than necessary; if they are, then such factors may be used to support a determination that competitive sealed bidding is not advantageous. (iii) Proposals shall be solicited through a request for proposals, which may specify the required format, and submission deadline and location, for proposals. (iv) The chief procurement officer is authorized to conduct discussions and negotiations with responsible vendors for clarification and to obtain best and final offers. Responsible vendors shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals. (v) The chief procurement officer is authorized to select one or more responsible vendors whose proposal is determined in writing to be the most advantageous to the city, taking into consideration all evaluation factors, and to enter into agreements with such vendors, containing terms the chief procurement officer deems reasonable. (b) The chief procurement officer is further authorized to enter into contracts in the form of master agreements with one or more entities for the provision of goods, work, or services, including the purchase of hardware, peripherals, technology services, and the licensing of software, through a request for qualifications or request for proposals process. Each master agreement shall contain terms the chief procurement officer deems reasonable, and the chief procurement officer, or her designee, is authorized to award task orders and revise product offerings and service offerings and associated pricing under such master agreements. The chief procurement officer shall promulgate rules governing the task order, ordering and amendment procedures. The chief procurement officer or her designee is authorized to sell used or undesired equipment back to the reseller or manufacturer or to recycle used or undesired equipment that the chief procurement officer has deemed obsolete. For purposes of this subsection, "master agreement" means a contract that the city enters with one or more entities for the provision of goods, work, or services through a request for qualifications or request for proposals process which shall contain terms that apply to goods, work, or services rendered under the contract, including terms for awarding of task orders, and terms for revising product offerings, service offerings and pricing. (c) Public notice of the requests for proposals and requests for qualifications contemplated by this section shall be given in the manner set forth for soliciting competitive bids in Section 8-10-7 of the Municipal Purchasing Act, and shall specify those criteria that the chief procurement officer deems necessary to determine whether respondents are qualified to provide the type of goods, work or services addressed by the request. (d) Before entering any agreement pursuant to this section, the chief procurement officer first shall evaluate the feasibility of MBE/WBE participation, and shall, if such participation is feasible, make all reasonable efforts to include such participation, at the levels contemplated by this chapter, in such agreement. (e) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of this section. (f) This section shall not apply to construction contracts, as the term "construction contract" is defined in Section 2-92-670(e) of this Code. (Added Coun. J. 6-27-12, p. 29948, § 1)

Municipal Code of Chicago § 2-92-617 Competitive bidding contracts with multiple vendors.

2-92-617 Competitive bidding contracts with multiple vendors. (a) For purposes of this section, the term "eligible contracts" means contracts for goods or services that are: (1) adapted to award by competitive bidding pursuant to 65 ILCS 5/8-10-3; and (2) structured as requirements contracts, in which the quantities that will be ordered by the City depend upon the City's needs at the time of the order. The term "eligible contracts" shall not include construction contracts that are bid out as a complete project. The chief procurement officer is authorized to structure the bid specifications for eligible contracts to allow for contract awards to be made to the lowest responsive and responsible bidder, as well as to the next lowest responsive and responsible bidder, and such other next lowest responsive and responsible bidders as the contract specifications permit and as provided by rule. The order of performance under each such contract shall be as follows: (i) the work shall be performed by the lowest responsive and responsible bidder under such bidder's contract; (ii) provided however, if the lowest responsive and responsible bidder is unable or unwilling to perform the work, or if such bidder's performance is insufficient for the city's needs, the work, or any uncompleted portion, shall be performed by the next lowest responsive and responsible bidder under such bidder's contract; and (iii) provided further, however, if the next lowest responsive and responsible bidder or any other lowest responsive and responsible bidder is unable or unwilling to perform the work, or if such bidder's performance is insufficient for the city's needs, the work, or any uncompleted portion, shall be performed by such other next lowest responsive and responsible bidder under such bidder's contract. (b) The chief procurement officer is authorized to adopt rules for the proper administration of this section. (Added Coun. J. 10-5-16, p. 33570, § 1)

Municipal Code of Chicago § 2-92-620 Donation of used city-owned computer equipment.

2-92-620 Donation of used city-owned computer equipment. The chief procurement officer may donate any city- owned computer and related equipment deemed obsolete to "Computers for Schools", a non-profit organization which will be responsible for refurbishing the computer and equipment before donating the items to Chicago Public Schools or City Colleges of Chicago. The receiving schools or colleges must reimburse "Computers for Schools" for the delivery and refurbishing costs. The chief procurement officer may also donate any said equipment to "The Center for Neighborhood Technology" a non-profit organization which will use the donated equipment in furtherance of their efforts to bridge the digital divide in under served communities. The chief procurement officer is hereby authorized to execute any contract or other document necessary to accomplish the goals of this section, subject to the approval of the corporation counsel as to form and legality. (Added Coun. J. 9-5-01, p. 65691, § 1; Amend Coun. J. 6-8-05, p. 49251, § 1)

Municipal Code of Chicago § 2-92-625 Maximum number of contracts.

2-92-625 Maximum number of contracts. For specifications pursuant to which the city is divided into multiple geographic districts, the chief procurement officer shall have the sole authority to determine the maximum number of contracts that may be awarded to any single contractor pursuant to this chapter. (Added Coun. J. 10-5-16, p. 33572, § 1)

Municipal Code of Chicago § 2-92-630 Electronic signatures.

2-92-630 Electronic signatures. Any proposal for contract, bid, affidavit, certification or form required by or submitted in connection with the conduct of any business, procurement, certification, investigation or other activity by the department of procurement services may be accepted by that department in electronic format subject to compliance with accepted means and methods of verification and authentication of electronic signatures. Nothing herein shall require a vendor to submit any materials electronically. (Added Coun. J. 9-4-02, p. 92670, § 2)

Municipal Code of Chicago § 2-92-640 Innovative procurement methods.

2-92-640 Innovative procurement methods. (a) The chief procurement officer may purchase or lease goods, equipment, work and services, or auction or otherwise dispose of city surplus goods and equipment, and salvage and scrap, using innovative methods of procurement, including but not limited to electronic procurement, reverse auctions, electronic bidding, electronic auctions, procurement cards, and pilot procurement programs that have no cost to the city. In order to implement innovative methods of procurement, either directly or through a service provider, the chief procurement officer must make a determination that such process is competitive and in the best interest of the city. (b) As an alternative or in addition to directly conducting procurement using innovative methods, the chief procurement officer may enter into a service contract with a service provider in order for the service provider to conduct reverse auctions, electronic auctions, or provide an on-line or electronic forum for competitive bids, requests for qualifications and proposals and other types of innovative methods of procurement on the city's behalf. The service contract may contain such terms as the chief procurement officer deems necessary, including, but not limited to, terms that specify the source and amount of the service provider's compensation. The chief procurement officer, either directly or through a service provider, is authorized to charge the winning bidder a reasonable service fee in order to cover part or all of the city's costs associated with the service contract, including the costs of engaging a service provider. (c) The chief procurement officer shall have power to adopt rules and regulations for the proper administration and enforcement of the provisions of this section. (d) This section is enacted pursuant to the home rule powers of the city and, to the extent permitted under the home rule powers of the city, supersedes any inconsistent provision of any law or regulation of the State of Illinois. (Added Coun. J. 9-4-02, p. 92670, § 2; Amend Coun. J. 12-8-04, p. 38063, § 1; Amend Coun. J. 6-30-10, p. 95066, § 1)

Municipal Code of Chicago § 2-92-642 Small orders.

2-92-642 Small orders. The dollar limit provided for under 65 ILCS 5/8-10-3, which establishes the amount at which bids may be solicited by mail, telephone or other means, is increased to $250,000.00, and such other means may include, without limitation, solicitations through e-mail and facsimile. All purchase orders or contracts involving an amount equal to or less than $250,000.00 shall be executed by the Chief Procurement Officer and the Comptroller. A report of all purchase orders or contracts executed by the Chief Procurement Officer and the Comptroller pursuant to this section will be placed on file each quarter with the City Council Committee on the Budget and Government Operations. (Added Coun. J. 12-8-04, p. 38063, § 1; Amend Coun. J. 12-15-04, p. 39933, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

Municipal Code of Chicago § 2-92-644 Emergency procurement.

2-92-644 Emergency procurement. When bona fide emergencies arise, or when the Chief Procurement Officer determines that expedited procurement is necessary to address a credible, identifiable, and imminent threat to public health, public safety, or City property or operations, the Chief Procurement Officer is authorized to enter into contracts with one or more vendors for the provision of any particular good, work, or service, and to make any modifications to existing contracts that in the Chief Procurement Officer's sole discretion are necessary, to address that emergency or threat. The purchasing authorizations conferred in 65 ILCS 5/8-10-5 shall apply, but the dollar limit provided for in that section is increased to $1,000,000.00 for each such contract or modification. A report of all contracts awarded and modifications made by the Chief Procurement Officer pursuant to this section will be placed on file each quarter with the City Council Committee on the Budget and Government Operations. (Added Coun. J. 12-8-04, p. 38063, § 1; Amend Coun. J. 12-15-04, p. 39933, § 1; Amend Coun. J. 10-5-16, p. 33570, § 1; Amend Coun. J. 11-14-18, p. 90308, Art. V, § 3; Amend Coun. J. 1-26-22, p. 44191, § 1; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 9)

Municipal Code of Chicago § 2-92-646 Limitation on additional items.

2-92-646 Limitation on additional items. In contracts for the purchase of goods, work or services ("items") that are structured as "requirements" contracts, in which the quantities for the goods identified by line item in the contract are estimates only and the city will make purchases from the contract based upon its needs, the chief procurement officer may include, in the contract, items (and prices thereof) that were omitted from the original specification or request for proposals that had been publicly advertised, subject to the following limitations: (i) the items are of the same nature as those items in the contract, (ii) the aggregated value of the city's purchases for such additional items over the term of the contract does not exceed ten percent of the original value of the contract and (iii) the chief procurement officer conducted first a survey of the price in the market for such items. (Added Coun. J. 12-8-04, p. 38063, § 1)

Municipal Code of Chicago § 2-92-649 Contracts with vendors based on reference contracts.

2-92-649 Contracts with vendors based on reference contracts. (a) As used in this section, the following terms shall be defined as follows: "City Contract" shall mean a contract for goods or services entered into with a vendor selected by the Chief Procurement Officer, provided such vendor has entered into a Reference Contract for the provision of the same goods or services. The terms of the City Contract and the Reference Contract shall be the same except as provided in subsection (c) of this section. A City Contract may be based upon a Reference Contract either in existence or expired at the time the City Contract is negotiated and executed. "Reference Contract" shall mean a contract entered into by a vendor for goods or services with a federal, state or local entity other than the City, or a group or consortium of the same, as a result of a public procurement process followed by such governmental entity or entities. (b) With respect to procurements of goods or services that otherwise would be subject to Sections 10-3 or 10-4 of the "Municipal Purchasing Act for Cities of 500,000 or More Population", codified at 65 lLCS 5/8-10-3 and 5/8-10-4, as amended, the Chief Procurement Officer is authorized to enter into one or more City Contracts. (c) A City Contract may contain: (i) pricing or compensation terms equivalent to, or more favorable to the City than, those contained in the Reference Contract. A City Contract shall not contain higher pricing than is contained in the Reference Contract; (ii) a period of duration, i.e., a term, which varies from the term of the Reference Contract; (iii) such additional provisions as the Chief Procurement Officer determines to be in the best interests of the City; or (iv) such insertions to or deletions from the Reference Contract as are required by law or ordinance applicable to the City. (d) As a condition of entering into a City Contract, every contractor shall make such disclosures to the City as are required by law or required from other City vendors and shall comply with those requirements of the Municipal Code providing for the "Minority- Owned and Women-Owned Business Enterprise Procurement Program" (Sections 2-92-420 through 2-92-570), and "Contracts – Firms owned and operated by individuals with disabilities" (Section 2-92-586). (Added Coun. J. 5-24-06, p. 76917, § 2)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2601649Fetched: 10/24/2026