EMPLOYEES, CONTRACTS AND LEASES (2-92-200 et seq.)

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

in effect

Municipal Code of Chicago § 2-92-200 Protection of employees.

2-92-200 Protection of employees. In all contracts requiring the employment of workmen or laborers, the contractor shall be required to insure to his employees or their beneficiaries the compensation provided for in the act of the General Assembly of the state entitled, "An Act to promote the general welfare of the people of this state by providing compensation for accidental injuries or death suffered in the course of employment within this state, and without this state where the contract of employment is made within this state, providing for the enforcement and administering thereof, and a penalty for its violation, and repealing an act entitled, An Act to promote the general welfare of the people of this state by providing compensation for accidental injuries or death suffered in the course of employment,' approved June 10, 1911, in force May 1, 1912", approved June 28, 1913, in force July 1, 1913. Said contractor shall also be required to agree to indemnify, keep and save harmless the city from all claims, judgments, awards and costs which may in anywise come against said city by reason of any accidental injuries or death suffered by any of his employees in and about the performance of his contract; provided, that when such contract is for the furnishing of materials or supplies which are not manufactured, mined or produced on the special order of the city, but are to be furnished to the city out of the regular stock-in-trade of the contractor, the insurance of the employees of such contractor may be waived in case a bond is given to the city conditioned that the contractor will pay all claims and demands which may arise or accrue against the city as a result of the accidental injury or death of any of such contractor's employees. (Prior code § 26-8)

Municipal Code of Chicago § 2-92-210 Contractor's liability - Safety barriers and lights.

2-92-210 Contractor's liability - Safety barriers and lights. Whenever any work or improvement shall require the digging up, use, or occupancy of any public way or other public place in the city, substantial covenants requiring such contractor to put up and maintain such barriers and lights during the night time as will effectually prevent the happening of any accident for which the city might be liable in consequence of such digging up, use, or occupancy of any public way or other public place, shall be inserted in the contract and also such other covenants and conditions as experience may prove necessary to save the city harmless from damages. The chief procurement officer shall also provide in such contract that the party contracting with the city shall be liable for all damages occasioned by the digging up, use, or occupancy of such public way or other public place, or which may result therefrom. (Prior code § 26-9; Amend Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-220 Working hours in city contracts.

2-92-220 Working hours in city contracts. Eight hours shall constitute a legal day's work upon all work performed under any contract entered into with the city. The heads of the several departments of the city government shall use their best efforts to secure the enforcement of this section in contracts of which the performance is under their supervision. (Prior code § 26-10)

Municipal Code of Chicago § 2-92-230 Bills for materials and services - Certification and payment.

2-92-230 Bills for materials and services - Certification and payment. The chief procurement officer shall receive all bills for supplies, materials, services and labor furnished upon orders issued by him, and shall certify to their correctness as to prices, extensions, totals and conformity to contract or purchase order. Where the supplies, materials, services and labor have been requisitioned by a department or office he shall certify to their conformity to such requisition. He shall present such certificate to the comptroller. When in the judgment of the chief procurement officer, it would be more appropriate in a given instance for another department head to perform such certification, the chief procurement officer may delegate certification authority to such department head. (Prior code § 26-11; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 4-15-15, p. 106130, § 2)

Municipal Code of Chicago § 2-92-240 Payments on account.

2-92-240 Payments on account. In cases where the contractor shall proceed properly to perform and complete his contract, the chief procurement officer may from time to time, as the work progresses, grant to such contractor an estimate of the amount already earned. This shall entitle the holder to receive the amount that may be due thereon when the money applicable to the payment of such work shall be available and the conditions annexed to such estimate, if any, shall have been satisfied. (Prior code § 26-12; Amend Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-245 Advance payments to contractors / direct payments to subcontractors.

2-92-245 Advance payments to contractors / direct payments to subcontractors. (a) The chief procurement officer is authorized to make advance payments to contractors for monies to be earned on contracts. (b) The chief procurement officer is authorized to make direct payments to subcontractors for monies earned on contracts. (Added Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-250 Retainage to cover contract performance.

2-92-250 Retainage to cover contract performance. A. Except as otherwise provided in subsection (B), a contract for the construction of any public improvement or other public work may include terms providing for retainage. Such terms may be included in such contracts when the chief procurement officer determines that their inclusion is in the best interest of the City, to reasonably ensure the contractor's proper and complete performance of the work covered by the contract and the contractor's complete compliance with the terms and conditions of the contract. B. Terms providing for retainage shall not be included, unless the contract is funded by a source that requires retainage, when: 1. The contract is federally funded and is subject to regulation governing prompt payment to disadvantaged business enterprise participants in the contract; 2. Quantities and delivery are indefinite at the time of advertisement and the contract will be paid on a unit price basis; or 3. The contract provides for participation goals, as authorized by law, for minority-owned business enterprises or women-owned business enterprises, as these terms are defined in 2-92-670. C. When terms providing for retainage are included in a contract, the following requirements shall apply: 1. The retainage amount shall be determined by the chief procurement officer and shall be specified at the time of advertisement. The retainage amount shall not be more than five percent of the contract amount, including the value of all change orders. 2. The retainage amount shall be retained from the various periodic payment estimates according to a schedule specified in the contract that in the judgment of the chief procurement officer will serve to adequately protect the city, taking into account the term, value and other elements of the contract. 3. Upon substantial completion of the public work, as determined by the chief procurement officer, and prior to computation of the final quantities, a portion, specified in the contract, of the retainage amount shall be released to the contractor. 4. Notwithstanding subsection (C)(3) of this section, the chief procurement officer may from time to time release amounts to the contractor from the retainage amount for retainage owed by the contractor to certain subcontractors upon receipt of appropriate documentation from the contractor showing that all the tasks called for in the subcontract have been satisfactorily completed. The contractor must pay all retainage owed to each subcontractor for satisfactory completion of the subcontractor's accepted work promptly after the portion of the retainage amount is released by the chief procurement officer. 5. Upon (i) final acceptance of the work, (ii) the contractor's compliance with the contract's conditions for payment and performance of the work covered by the contract in accordance with the terms and conditions thereof and compliance with all other terms and conditions of the contract, (iii) payment to all subcontractors, workers, employees, suppliers and material men for work performed and materials supplied, and (iv) computation of the final quantities of work, the retainage amount, less any damages or other amounts that the chief procurement officer determines should be deducted, shall be paid to the contractor as final payment. (Prior code § 26-13; Amend Coun. J. 5-18-94, p. 51426; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 2-7-07, p. 97531, § 1; Amend Coun. J. 6-28-17, p. 51149, § 1)

Municipal Code of Chicago § 2-92-260 Final payments on contracts.

2-92-260 Final payments on contracts. That the final estimates and final payment on all contracts passed by the city council, which said contracts are in an original amount in excess of $50,000.00, be submitted to the committee on finance by the various departments and said final payments not be paid except on approval of the city council. (Prior code § 26-13.1)

Municipal Code of Chicago § 2-92-270 Payments to contractor's subcontractors and employees.

2-92-270 Payments to contractor's subcontractors and employees. It shall be the duty of the chief procurement officer to insert in any contract let for any public improvement or other construction, water or sewer work, a condition to the effect that the chief procurement officer may, whenever he shall have reason to believe that the contractor has neglected or failed to pay any subcontractor, workman, or employee for work performed on or about any public improvement or other construction, water or sewer work contracted for, order and direct that no further vouchers or estimates be issued and no further payments be made upon such contract, until he shall be satisfied that such subcontractors, workmen and employees have been fully paid. Whenever the chief procurement officer shall notify the contractor by notice personally served, or by leaving a copy thereof at the contractor's last known place of abode, that no further vouchers or estimates will be issued or payments made on the contract until the subcontractors, workmen, and employees have been paid, and the contractor shall neglect or refuse, for the space of ten days after such notice shall have been served, to pay such subcontractors, workmen, or employees, the city may apply any money due, or that may become due, under the contract to the payment of such subcontractors, workmen, and employees without other or further notice to said contractor. The failure of the city, however, to retain and apply any of such monies, or of the chief procurement officer to order or direct that no vouchers or estimates shall issue or further payments be made shall not, nor shall the paying over of such reserved percentage without such subcontractor, workman, or employee being first paid, in any way affect the liability of the contractor or of his sureties to the city or to any such subcontractor, workman, or employee upon any bond given in connection with such contract. (Prior code § 26-14; Amend Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-280 Payments for extra work or materials.

2-92-280 Payments for extra work or materials. No payment shall be made on any public improvement, construction, water or sewer contract for any work, labor, or materials not specified therein, except as otherwise provided in this chapter. Whenever it shall be the opinion of the chief procurement officer, that, in order properly to complete such contract, extra work, labor or materials not provided for therein will have to be furnished or alterations will have to be made in the plans or specifications requiring additional expenditures not provided for in such contract, the chief procurement officer shall submit a report in writing to the city council, or place in the contract records on file an explanation setting forth fully what extra work, labor or materials, or alterations in the plans or specifications, are desired, the necessity therefor, and the estimated additional expenditure required for such extras or alterations. All such payments must be pursuant to contract modifications executed in accordance with the provisions of this chapter and of the "Municipal Purchasing Act For Cities of 500,000 or More Population", codified at 65 ILCS 5/8-10-1 et seq., as amended. No extra work, labor, or materials, or alterations in the plans or specifications which will involve the expenditure of any money over and above the amount fixed as the contract price in and by such contract shall be ordered or authorized by the chief procurement officer, unless the express authority of the city council be first procured for such extras or alterations and for the expenditure of the amount to be paid therefor. (Prior code § 26-15; Amend Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-290 Official newspaper for city publications.

2-92-290 Official newspaper for city publications. The Chief Procurement Officer shall advertise in such daily newspaper or newspapers published in the City as he may select, inviting proposals for the following contract: For the publication in any newspaper published in the English language, being published at least five times a week, of those matters and things required by law or any ordinance of the City to be published in a newspaper. All such bids shall be received, opened and acted upon in conformity with the Municipal Purchasing Act for cities of 500,000 or more population, 65 ILCS 5/8-10-1 et seq., as amended. No advertisement for any City printing whatsoever shall be given or let to any newspaper in the City which in its columns has taught, or teaches, advocates, or abets any measures, or any people, who have for their object the overthrow by force or illegal means, of the laws of the nation, the state, or the City. Nothing in this section shall be held to apply to any printing, notices or advertisements of the Board of Local Improvements. (Prior code § 26-16; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-26-19, p. 11390, Art. X, § 1)

Municipal Code of Chicago § 2-92-300 Contracts for care and custody of prisoners.

2-92-300 Contracts for care and custody of prisoners. Contracts may be made with any county in the state, or with the trustees of any town or village in Cook County, for the care and custody of prisoners in the house of correction, at a price not less than $.25 per day for each prisoner. All such contracts shall extend for the care of such prisoners until the expiration of their terms of sentence. Under such contracts the labor of every such prisoner shall be the property of, and for the benefit of the city. (Prior code § 26-24)

Municipal Code of Chicago § 2-92-310 Exemptions - Local improvements.

2-92-310 Exemptions - Local improvements. Nothing contained in this chapter shall be deemed to apply to the letting of contracts and accepting of bids for the construction of local improvements pursuant to Article 84 of the Revised Cities and Villages Act of the State of Illinois. (Prior code § 26-25)

Municipal Code of Chicago § 2-92-315 Ineligibility for award of contracts - Criminal offenses against the city.

2-92-315 Ineligibility for award of contracts - Criminal offenses against the city. All contracts and subcontracts awarded under this chapter shall be subject to the requirements set forth in Chapter 1-23. (Added Coun. J. 6-30-10, p. 95061, § 2)

Municipal Code of Chicago § 2-92-320 Ineligibility for city transactions - Other offenses.

2-92-320 Ineligibility for city transactions - Other offenses. (a) No person or business entity shall participate in a transaction as defined herein, and may have its current transactions permanently or temporarily suspended or canceled, if that person or business entity: (1) has been convicted of bribery or attempting to bribe a public officer or employee of the State of Illinois, or the federal government or any state or local government in the United States in that officer's or employee's official capacity; provided, however, that for purposes of this item (1) the term "local government" does not include the City of Chicago or any "sister agency" as defined in Section 1-23-010 of the City of Chicago. Persons who have been convicted of bribery or attempting to bribe a public officer or employee of the City of Chicago or any of its sister agencies shall be subject to the requirements set forth in Article I of Chapter 1-23 of this Code; or (2) has been convicted of agreement or collusion among bidders or prospective bidders in restraint of freedom of competition by agreement to bid a fixed price, or otherwise; or (3) has made an admission of guilt of such conduct described in (1) or (2) above which is a matter of record but has not been prosecuted for such conduct; or (4) [Reserved.] (5) has violated any regulation promulgated by the chief procurement officer that includes ineligibility as a consequence of its violation; (6) has committed, within a 24-month period, three or more violations of Article II of Title 6 of this Code; or (7) has been debarred by any local, state or federal government agency from doing business with such government agency as provided in subsection (d) of Section 1-23-020 of the Code, for the duration of the debarment by such government agency. For purposes of this section, where an official, agent or employee of a business entity has committed any conduct on behalf of such an entity, while acting within the scope of employment, that could warrant a finding of ineligibility, the business entity shall be chargeable with the conduct. If appropriate under the circumstances, one business entity may be chargeable with the conduct of an affiliated entity. For purposes of this section, business entities are affiliated if, directly or indirectly, one controls or has the power to control the other, or if a third person controls or has the power to control both entities. Indicia of control include, without limitation: interlocking management or ownership; identity of interests among family members; shared facilities and equipment; common use of employees; or organization of a business entity following the ineligibility of a business entity under this section, using substantially the same management, ownership or principals as the ineligible entity. (b) Upon making a finding of ineligibility, the chief procurement officer shall determine the period of ineligibility imposed, which may include permanent or indefinite ineligibility or some lesser penalty. The period of ineligibility may be reduced, waived or rescinded by the chief procurement officer, upon the written application of the ineligible person or business entity, supported by documentation of either or both of the following reasons: (i) reversal of the conviction or judgment on which the ineligibility is based, unless the conviction or judgment is based on an admission of conduct described in subparagraph (a)(1) or (a)(2) above; or (ii) bona fide change in ownership and/or control of the business entity, or other mitigating factors sufficient in the judgment of the chief procurement officer to remove the conditions giving rise to the conduct that led to the ineligibility. Mitigating factors may include, without limitation: disciplinary action against all persons responsible for the acts giving rise to the ineligibility; remedial action designed to prevent a recurrence of the acts giving rise to the ineligibility; or a determination by the chief procurement officer that the past conduct of the business entity does not indicate a pattern or history of similar acts. (c) An application to reduce or waive the period of ineligibility, or to suspend ineligibility for a specific transaction, shall be verified by the applicant. The determination to reduce or waive the period of ineligibility, or to suspend ineligibility for a specific transaction, shall be made in writing and shall specify the reasons for the decision. (d) The chief procurement officer may also suspend the ineligibility of a person or business entity in order to allow execution of a transaction with the person or entity, upon written application by the head of a city agency or department affected by the proposed transaction, setting forth facts sufficient in the judgment of the chief procurement officer to establish: (i) that the public health, safety or welfare of the city requires the goods or services of the person or business entity; and (ii) that the city is unable to acquire the goods or services at comparable price and quality, and in sufficient quantity from other sources. (e) The chief procurement officer is authorized to: (i) conduct investigations or hearings or other actions or proceedings, consistent with the requirements of due process of law and equal protection under the law, to accomplish the purposes of this section and section 2-92-540; (ii) promulgate rules governing ineligibility under this section and Section 2-92-540, including but not limited to the circumstances warranting extended ineligibility, reduction or waiver of ineligibility and a hearing process regarding a finding of ineligibility; and (iii) delegate to a designee his authority to conduct hearings under this section or section 2-92-540. (f) For purposes of this section, the term "transaction" shall mean, without limitation, any contract, including contracts not awarded or administered under this chapter, concession agreement, retainer agreement, grant, loan, license, permit or other conferral of status that includes the city as a party and provides a benefit, whether monetary or otherwise, to another party to the transaction. (g) This section shall not apply to any transaction with respect to which the Code otherwise provides a process for determining and imposing ineligibility for the same malfeasance provided for in this section. Upon request of the chief procurement officer or other city official, the corporation counsel shall make a conclusive determination as to any jurisdictional questions arising pursuant to this subsection (g). (Prior code § 26-26; Amend Coun. J. 5-24-89, p. 1768; Amend Coun. J. 7-29-98, p. 75801; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-6-02, p. 96506, § 2; Amend Coun. J. 5-14-08, p. 27074, § 1; Amend Coun. J. 6-30-10, p. 95061, § 3; Amend Coun. J. 9-8-10, p. 99116, § 3; Amend Coun. J. 12-2-14, p. 99000, § 3; Amend Coun. J. 10-5-16, p. 33564, § 2; Amend Coun. J. 6-25-21, p. 32156, § 3; Amend Coun. J. 10-27-21, p. 39525, § 6; Amend Coun. J. 11-9-23, p. 5853, § 3; Amend Coun. J. 3-20-24, p. 10146, § 3)

Municipal Code of Chicago § 2-92-325 Predatory lenders.

2-92-325 Predatory lenders. (a) No financial institution shall be awarded a contract with the city if the financial institution, or any of its affiliates, has been determined by the chief financial officer or the city comptroller to be a predatory lender. For purposes of this section, "financial institution", "predatory lender" and "affiliate" shall have the meaning ascribed to the terms in Section 2-32-455. (b) With each bid submitted by a financial institution for any contract with the city there shall be a pledge signed by the chairman of the board, chief executive officer or other officer of the financial institution acceptable to the chief financial officer or the city comptroller. The pledge shall be in substantially the following form: We pledge that we are not and will not become a predatory lender as defined in Chapter 2-32 of the Municipal Code of Chicago. We further pledge that none of our affiliates is, and none of them will become, a predatory lender as defined in Chapter 2-32 of the Municipal Code of Chicago. We understand that becoming a predatory lender or becoming an affiliate of a predatory lender may result in the loss of the privilege of doing business with the city. (c) Nothing in this section shall affect the validity of any contract entered into in connection with any debt obligations issued by or on behalf of the city prior to a determination by the chief financial officer or the city comptroller that an entity participating in the contract is a predatory lender. Any other contract awarded in violation of this section shall be voidable at the option of the city. (d) The Chief Financial Officer or the City Comptroller, together with the Chief Procurement Officer, Commissioner of Housing and Commissioner of Planning and Development, may suspend the ineligibility of a financial institution in order to allow execution of a contract with the financial institution upon written application by the head of a City agency or department affected by the proposed contract, setting forth facts sufficient in the judgment of the Chief Procurement Officer to establish: (i) that the public health, safety or welfare of the City requires the goods or services of the financial institution; and (ii) that the City is unable to acquire the goods or services at comparable price and quality, and in sufficient quantity from other sources. (Added Coun. J. 8-30-00, p. 39074, § 2; Amend Coun. J. 11-19-08, p. 47220, Art. VIII, § 1; Amend Coun. J. 11-17-10, p. 106597, Art. IX, § 2; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 4; Amend Coun. J. 11-14-18, p. 90308, Art. I, § 25)

Municipal Code of Chicago § 2-92-330 Contracts - Percentages of city and project area residents work hours - Enforcement.

2-92-330 Contracts - Percentages of city and project area residents work hours - Enforcement. (a-1) For purposes of this section, "City residents" means persons domiciled within the city. "Project area residents" means persons domiciled within that part of the city designated as the project area in the information for bidders issued by DPS. "Domicile" means an individual's one and only true, fixed and permanent home and principal establishment. "Eligible residents" means city residents and project area residents. (a) For any construction project advertised, or if not advertised, awarded, by the city that has an estimated contract value of $100,000.00 or more, and where not otherwise prohibited by federal, state or local law, the total hours worked by persons on the site of the construction project by employees of the contractor and subcontractors shall be performed (i) at least 50 percent by city residents; and (ii) at least 7.5 percent by project area residents. Work hours performed by project area residents shall be considered to be work hours performed by city residents for purposes of calculating the minimum work hour percentage required to be performed by city residents. These minimum percentages of work hours for eligible residents shall not be understood as limiting or deterring the fuller utilization of eligible residents beyond these levels, but are intended instead as minimum requirements. Contractors shall make good faith efforts to utilize qualified eligible residents in unskilled and skilled labor positions. The chief procurement officer shall separately monitor the utilization of eligible residents in skilled and unskilled positions, and shall report his findings to the city council committee on the budget and government operations when substantially all of the construction contracts for each construction season have been closed. The chief procurement officer shall also report whether he has determined that separate minimum percentages of eligible residents are warranted for skilled and unskilled labor positions. The chief procurement officer shall develop standards and procedures for reducing or waiving these minimum percentages of work hours for eligible residents when a bidder or contractor can demonstrate the impracticality or excessive cost of complying with these percentage levels for particular contracts or classes of employees. Except as otherwise provided in the chief procurement officer's standards and procedures, a waiver or reduction shall be deemed appropriate if a contractor or subcontractor has unsuccessfully solicited a sufficient number of eligible residents to perform the work identified in the bid solicitation and has documented such effort to the satisfaction of the chief procurement officer. In addition, such standards and procedures shall require that a contractor seeking a waiver or reduction shall have provided timely notice of the need for qualified eligible residents to an appropriate source of referrals, which source shall be entitled to comment on any waiver or reduction application. If the chief procurement officer determines that lesser percentage standards are appropriate with respect to a particular contract subject to competitive bidding prior to the bid solicitations for such contract, such bid solicitations shall include a statement of such revised standards. The chief procurement officer shall file quarterly reports of his determinations on all reduction or waiver requests made pursuant to this paragraph with the city council committee on the budget and government operations. (b) Implementation of the requirements established in subsection (a) of this section will be achieved by including in contracts and subcontracts described therein the following language: The contractor and all subcontractors that perform work on the site on the construction project undertaken pursuant to this contract shall comply with the minimum percentages of total work hours performed by eligible residents as specified in Section 2-92-330 of the Municipal Code of Chicago. The contractor shall provide for the maintenance of adequate employee residency records to ensure that eligible residents are employed on the project. The contractor and subcontractors shall maintain copies of personal documents supportive of every eligible resident employee's actual record of residence. Weekly certified payroll reports (U.S. Department of Labor Form WH-347 or equivalent) submitted to the commissioner of the supervising department in triplicate, shall identify clearly the actual residence of every employee on each submitted certified payroll. The first time that an employee's name appears on a payroll, the date that the company hired the employee should be written in after the employee's name. Full access to the contractor's and subcontractors' employment record shall be granted to the chief procurement officer, the commissioner of the supervising department, the Superintendent of the Chicago Police Department, the inspector general, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant personnel data in records for a period of at least three years after final acceptance of the work. At the direction of the supervising department, affidavits and other supporting documentation will be required of the contractor to verify or clarify an employee's actual address when doubt or lack of clarity has arisen. Good faith efforts on the part of the contractor to provide utilization of eligible residents shall not suffice to replace the actual, verified achievement of the requirements of this section concerning the work hours performed by eligible residents. Nothing provided in this paragraph shall be construed to prevent the chief procurement officer from considering such good faith efforts as appropriate for reducing or waiving the minimum percentages of work hours for eligible residents requirement, pursuant to Section 2-92-330(a) of the Municipal Code of Chicago. When work is completed, in the event that the city has determined that the contractor failed to ensure the fulfillment of the requirements of this section concerning the work hours performed by eligible residents or has failed to report in the manner as indicated above, the city will thereby be damaged in the failure to provide the benefit of demonstrable employment to eligible residents to the degree stipulated in this section. Therefore, in such a case of non- compliance it is agreed that 1/20 of 1 percent (.05%), 0.0005, of the approved contract value for this contract shall be surrendered by the contractor to the city in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender of the entire liquidated damages as if no eligible residents were employed in either of the categories. The willful falsification of statements and the certification of payroll date may subject the contractor or subcontractors or employee to prosecution. Any retainage to cover contract performance that may become due to the contractor pursuant to Section 2-92-250 of the municipal code of Chicago may be withheld by the city pending the chief procurement officer's determination whether the contractor must surrender damages as provided in this paragraph. Nothing herein provided shall be construed to be a limitation upon the "Notice of Requirements for Affirmative Action to Ensure Equal Employment Opportunity, Executive Order 11246" and "Standard Federal Equal Employment Opportunity, Executive Order 11246", or other affirmative action required for equal opportunity under the provisions of this contract. (c) The monetary damages stipulated in subsection (b) hereof may be adjusted by the chief procurement officer to represent a larger fraction of the approved contract value, if the chief procurement officer determines after a review of contractors' compliance with this section that said damages are insufficient to secure compliance herewith. In no event may the damages be adjusted to a lower fraction. Any such change must be made effective for all contracts advertised as of a specific date chosen by the chief procurement officer and must be made prior to said advertisement. In addition to assessing the monetary damages stipulated in subsection (b) hereof, the chief procurement officer may, in lieu of declaring the contractor to be a non-responsible bidder, require the contractor to post a surety bond or other appropriate security in an amount representing ten percent of the approved contract value for subsequent contracts on which the contractor bids, which the contractor shall agree to forfeit in its entirety in the event that full compliance with the requirements of this section is not achieved during the performance of any future contract that the contractor enters with the City of Chicago. (d) Any person who is employed in a construction project subject to the provisions of this section who knowingly supplies false information concerning his or her residence shall be subject to a fine of not more than $500.00 for each offense, and imprisonment for a period not to exceed 30 days. Any person found to have violated this section shall also be barred from employment on any construction project subject to this section for a period of five years. (e) The monetary damages stipulated in subsection (b) hereof shall be used for establishing worker training programs. (f) The chief procurement officer is authorized to adopt rules and regulations for the proper administration and enforcement of this section. (Prior code § 26-27; Amend Coun. J. 5-18-94, p. 51426; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 4-10-13, p. 50868, § 1)

Municipal Code of Chicago § 2-92-335 Contracts - Apprentice utilization.

2-92-335 Contracts - Apprentice utilization. (a) For purposes of this section the following definitions apply: "Apprentice" means any person who: (1) is sponsored into an apprenticeship training program by a contractor that is authorized by a union to sponsor apprentices; and (2) has graduated from a Chicago Public Schools high school or is enrolled in, or has graduated from, a construction technology training program administered by the City Colleges of Chicago. The union's apprenticeship training program must be registered with the United States Department of Labor, or approved or recognized by the State of Illinois. "Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid construction project. "Construction project" means any project to be paid for by D.P.S., but which is not funded in whole or part by any federal funds, to construct, remodel or reconstruct any public works, public buildings, public structures, roadways, parkways, bridges, parking facilities or parks, or any portion of any of the same, belonging to the City within its geographical boundaries as they exist or shall exist in the future. "Contract base bid" means the total dollar amount a contractor bids on a construction project without factoring any bid incentive or percentage reductions to the bid amount. "Earned credit" means the amount of the bid incentive allocated to a contractor upon completion of a construction project in which the contractor met or exceeded his or her goals for the utilization of apprentices in performance of the total labor hours performed under the contract. "Earned credit certificate" means a certificate issued by the chief procurement officer evidencing the amount of earned credit a contractor has been awarded. "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed at the work site. "Labor hours" shall include hours performed by workers employed by the contractor and all subcontractors working at the work site. "Labor hours" shall not include hours worked by non-working foremen, superintendents, owners and workers who are not subject to prevailing wage requirements. (b) (1) For any construction project advertised after the effective date of this section having an estimated contract value of $100,000.00 or more, and where not otherwise prohibited by federal, state or local law, the chief procurement officer shall allocate to any qualified bidder the following bid incentive for utilization of apprentices in performance of the total labor hours performed under contract. Total Labor Hours Performed By Apprentices | Bid Incentive 5 to 10% | 1/2% of the contract base bid 11 to 15% | 1% of the contract base bid The bid incentive shall be calculated and applied in accordance with subsection (b)(2). The bid incentive is used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affect the contract price. For all construction projects advertised after the effective date of this section, the chief procurement officer shall include the bid incentive provision in all such advertisements. (2) As part of the contract close-out procedure, if the chief procurement officer determines that the contractor has successfully met its apprentice utilization goals, the chief procurement officer shall issue an earned credit certificate that evidences the amount of earned credits allocated to the contractor. The contractor may apply the earned credits as the bid incentive for any future construction project contract bid of equal or greater dollar value. The earned credit certificate is valid for three years from the date of issuance and shall not be applied towards any future contract bid after the expiration of that period. The contractor may apply the earned credit certificate on multiple future construction project contract bids during the three-year period in which the certificate is valid, but may only receive one bid incentive for bid evaluation purposes on one construction project contract award. If the contractor applies the earned credit certificate on multiple construction project bids and is the lowest responsive and responsible bidder on more than one construction project bid, the earned credit certificate shall be applied to the construction project first to be advertised by D.P.S., or if multiple construction project bids were advertised on the same date, the earned credit certificate shall be applied only to the construction project with the greatest dollar value. (c) The contractor shall maintain accurate and detailed books and records necessary to monitor compliance with this section and shall submit such reports as required by the chief procurement officer, or the commissioner of the supervising department. Full access to the contractor's and subcontractors' records shall be granted to the chief procurement officer, the commissioner of the supervising department, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for a period of at least three years after final acceptance of the work. (d) The chief procurement officer is authorized to adopt, promulgate and enforce reasonable rules pertaining to the administration and enforcement of this section. (Added Coun. J. 11-1-05, p. 59709, § 1; Amend Coun. J. 9-5-07, p. 6553, § 1; Amend Coun. J. 7-20-16, p. 28660, § 1)

Municipal Code of Chicago § 2-92-336 Contracts - Returning resident apprentice utilization.

2-92-336 Contracts - Returning resident apprentice utilization. (a) For purposes of this section the following definitions shall apply: "Apprentice" means any person who is: (1) sponsored into an apprenticeship training program by a contractor that is authorized by a union to sponsor apprentices; (2) participating in a workforce development program of a delegate agency that receives funding from the Department of Family and Support Services; and (3) a returning resident. The union's apprenticeship training program must be registered with the United States Department of Labor, or approved or recognized by the State of Illinois. For purposes of this definition, "participating in" means the duration of the pertinent contract or one year, whichever is less. "Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid construction project. "Construction project" means any project to be paid for by the City, but which is not funded in whole or part by any federal or state funds, to construct. remodel or reconstruct any public works, public buildings, public structures, roadways, parkways, bridges, parking facilities or parks, or any portion of any of the same, belonging to the City within its geographical boundaries as they exist or shall exist in the future. "Contract base bid" means the total dollar amount a contractor bids on a construction project without factoring any bid incentive or percentage reductions to the bid amount. "Earned credit" means the amount of the bid incentive allocated to a contractor upon completion of a construction project in which the contractor met or exceeded the goals for the utilization of apprentices in performance of the total labor hours performed under the contract. "Earned credit certificate" means a certificate issued by the Chief Procurement Officer evidencing the amount of earned credit a contractor has been awarded. "Labor hours" means the total hours of workers receiving an hourly wage who are directly employed at the work site. "Labor hours" shall include hours performed by workers employed by the contractor and all subcontractors working at the work site. "Labor hours" shall not include hours worked by non-working foremen, superintendents owners and workers who are not subject to prevailing wage requirements. "Returning resident" means a resident of the City of Chicago who has been convicted of an imprisonable offense under a local, state, or federal law. (b) (1) For any construction project advertised after the effective date of this section having an estimated contract value of $100,000.00 or more, and where not otherwise prohibited by federal, state or local law, the chief procurement officer shall allocate to any qualified bidder the following bid incentive for utilization of apprentices in performance of the total labor hours performed under the contract. Total Labor Hours Performed By Apprentices | Bid Incentive 5 to 10% | 1/2% of the contract base bid 11 to 15% | 1% of the contract base bid The bid incentive shall be calculated and applied in accordance with subsection (b)(3). The bid incentive does not affect the contract price and is used only to calculate an amount to be used in evaluating the bid. For all construction projects advertised after the effective date of this section, the chief procurement officer shall include the bid incentive provision in all such advertisements, unless the limitation or preclusion of subsection (b)(2) applies. (2) The Chief Procurement Officer is authorized to limit or preclude the use of apprentices for a particular contract if she determines, following consultation with the Commissioner of Family and Support Services, that the nature of the underlying offense raises concerns of suitability for that contract. (3) As part of the contract close-out procedure, if the chief procurement officer determines that the contractor has successfully met its apprentice utilization goals, the chief procurement officer shall issue an earned credit certificate that evidences the amount of earned credits allocated to the contractor. The contractor may apply the earned credits as the bid incentive for any future construction project contract bid of equal or greater dollar value. The earned credit certificate is valid for three years from the date of issuance and shall not be applied towards any future contract bid after the expiration of that period. The contractor may apply the earned credit certificate on multiple future construction project contract bids during the three-year period in which the certificate is valid, but may only receive one bid incentive for bid evaluation purposes on one construction project contract award. If the contractor applies the earned credit certificate on multiple construction project bids and is the lowest responsive and responsible bidder on more than one construction project bid, the earned credit certificate shall be applied to the construction project first to be advertised by DPS, or if multiple construction project bids were advertised on the same date, the earned credit certificate shall be applied only to the construction project with the greatest dollar value. (c) The contractor shall maintain accurate and detailed books and records necessary to monitor compliance with this section and shall submit such reports as required by the chief procurement officer, or the commissioner of the supervising department. Full access to the contractor's and subcontractors' records shall be granted to the chief procurement officer, the commissioner of the supervising department, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for at least three years after final acceptance of the work. (d) The chief procurement officer is authorized to adopt, promulgate and enforce rules pertaining to the administration and enforcement of this section. (Added Coun. J. 9-14-16, p. 31117, § 1; Amend Coun. J. 1-25-17, p. 41481, § 2; Amend Coun. J. 4-19-23, p. 62651, § 1)

Municipal Code of Chicago § 2-92-337 Contracts - B.E.P.D. utilization as prime contractor or subcontractor.

2-92-337 Contracts - B.E.P.D. utilization as prime contractor or subcontractor. (a) For purposes of this section only the following definitions apply: "Business Enterprise owned or operated by People with Disabilities" or "B.E.P.D." has the same meaning ascribed to it in Section 2-92-586. "Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract. "Construction project" has the same meaning ascribed to it in Section 2-92-335. "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. "Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions to the bid amount. (b) (1) For any contract advertised for competitive bid awarded after the effective date of this section and where not otherwise prohibited by federal, state or local law, the chief procurement officer shall allocate to any qualified bidder the following bid incentive for utilization of a B.E.P.D. as a prime contractor or subcontractor in the performance of the contract. Percentage of total dollar contract amount performed by B.E.P.D. | Bid incentive 2 to 5% | 1% of the contract base bid 6 to 9% | 2% of the contract base bid 10 to 13% | 3% of the contract base bid 14% or more | 4% of the contract base bid The bid incentive is used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affect the contract price. For all contracts advertised after the effective date of this section, the chief procurement officer shall include the bid incentive provision in all such advertisements. (2) The chief procurement officer may determine not to allocate a bid incentive under this section, under the following conditions: (i) an emergency exists; (ii) for cooperative purchasing or cooperative construction contracts; or (iii) the chief procurement officer otherwise concludes that the allocation of a bid incentive is not in the city's best interest. (c) The contractor shall maintain accurate and detailed books and records necessary to monitor compliance with this section and shall submit such reports as required by the chief procurement officer, or the commissioner of the supervising department. Full access to the contractor's and subcontractors' records shall be granted to the chief procurement officer, the commissioner of the supervising department, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for a period of at least three years after final acceptance of the work. (d) Upon completion of the work, any prime contractor that has failed to retain the percentage of B.E.P.D. subcontractors for which a bid incentive was taken into consideration in awarding of a contract shall be fined an amount equal to three times the amount of the bid incentive allocated, unless the prime contractor can demonstrate that due to circumstances beyond the prime contractor's control, the prime contractor for good cause was unable to retain the percentage of B.E.P.D. subcontractors throughout the duration of the contract period. (e) The chief procurement officer is authorized to adopt, promulgate and enforce reasonable rules pertaining to the administration and enforcement of this section. (Added Coun. J.1-13-09, p. 52632, § 1; Amend Coun. J. 6-28-17, p. 51152, § 1)

Municipal Code of Chicago § 2-92-340 Prequalification of contractors.

2-92-340 Prequalification of contractors. (a) The Chief Procurement Officer is hereby authorized to prequalify contractors as the exclusive responsible bidders for: (i) roof repair, (ii) building demolition, (iii) board-up work, (iv) emergency bridge or viaduct repair, or (v) contracts on City-owned real property and for infrastructure repairs or improvements including, but not limited to, for water and sewer infrastructure and roadways, based on such contractors’ responses to a request for qualifications (“R.F.Q.”) which has been publicly advertised and issued by the Chief Procurement Officer for the respective type of work. Any such R.F.Q. shall specify those criteria that the Chief Procurement Officer deems necessary to determine whether respondents are qualified to perform the type of work addressed by the R.F.Q. Such criteria may include the respondent’s financial capability, experience, past performance, adequacy of equipment, ability to perform the work on a timely basis, and other pertinent considerations. The R.F.Q. shall also set forth terms and conditions which will govern the performance of any work which may be awarded to a respondent who becomes prequalified as a responsible bidder. (b) Respondents shall have at least 20 calendar days from the date of issuance of the R.F.Q. to submit their responses to the Chief Procurement Officer. (c) After having received responses to the R.F.Q., the Chief Procurement Officer may solicit additional responses to the R.F.Q. for the purpose of adding to the list of prequalified contracts selected pursuant to the R.F.Q. for any work listed in subsection (a). The Chief Procurement Officer shall publicly advertise such solicitation for additional responses. Respondents shall have at least 20 calendar days from the date of such publication to submit their responses to the Chief Procurement Officer. (d) The Chief Procurement Officer shall publicly advertise any material addenda to the R.F.Q. and respondents shall have at least ten calendar days thereafter to submit their responses to the Chief Procurement Officer. (Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 4-18-18, p. 76017, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. V, § 3)

Municipal Code of Chicago § 2-92-345 Execution of professional services and certain other contracts.

2-92-345 Execution of professional services and certain other contracts. The chief procurement officer may require prospective contractors for contracts awarded pursuant to 65 ILCS 5/8-10-4 to execute a master agreement which shall apply to any services rendered under the master agreement. The master agreement shall contain the funding amount allocated to each master agreement and such terms and conditions appropriate for such a contract and any other terms and conditions as may be required by the chief procurement officer. Each master agreement shall be approved by the mayor, comptroller and chief procurement officer and include a task order procedure under which the chief procurement officer may negotiate and enter into an agreement with such contractor to perform a particular project subject to the terms of the master agreement. (Added Coun. J. 12-8-04, p. 38063, § 1)

Municipal Code of Chicago § 2-92-350 Designation of evaluation committee - Development of responsible bidder list.

2-92-350 Designation of evaluation committee - Development of responsible bidder list. For each R.F.Q. issued, an evaluation committee shall be designated by the chief procurement officer and shall include members of those city departments likely to require the type of work addressed by the R.F.Q. Such evaluation committee shall evaluate responses to the R.F.Q. in accordance with the criteria set forth in the R.F.Q. and shall recommend that the chief procurement officer deem as responsible those respondents who meet those criteria. Based on the recommendation of the evaluation committee, the chief procurement officer shall develop a list of contractors who are prequalified as the exclusive responsible bidders on contracts for the type of work addressed in the R.F.Q. The chief procurement officer may, at any time, delete from such responsible bidder list any contractor which the chief procurement officer determines to be nonresponsible. If the chief procurement officer subsequently determines such a deleted contractor to be responsible, the chief procurement officer may reinstate such contractor to the responsible bidder list from which it was deleted. Each year that the chief procurement officer elects to continue the prequalification of contractors, the chief procurement officer shall, no later than 90 days after the anniversary date of the issuance of the original R.F.Q. for the particular type of work, readvertise and reissue such R.F.Q. in order to allow for renewal of the responsible bidder list. (Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-360 Execution of master agreement - Term.

2-92-360 Execution of master agreement - Term. All contractors on a responsible bidder list shall be required to execute a master agreement which shall apply to any work which may be awarded and which contain, without exception, the terms and conditions set forth in the R.F.Q. and any other terms and conditions which may be required by the chief procurement officer. Failure of a contractor otherwise qualifiable as responsible to execute a master agreement shall result in such contractor's deletion from the responsible bidder list. Prequalification of a contractor as a responsible bidder shall be effective for the term of a master agreement with that contractor, except to the extent that the chief procurement officer has deleted the contractor from the responsible bidder list pursuant to Section 2-92-350. The chief procurement officer may extend the term of a master agreement up to 90 days in order to provide continuity of services until the responsible bidder list can be renewed in accordance with Section 2-92-350. (Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1)

Municipal Code of Chicago § 2-92-370 Contract award procedure.

2-92-370 Contract award procedure. Whenever a using department identifies a need for roofing repair, building demolition, board-up work, emergency bridge or viaduct repair, or contracts on City-owned real property and for infrastructure repairs or improvements including, but not limited to, for water and sewer infrastructure and roadways, the Chief Procurement Officer shall provide all of the contractors on the responsible bidder list for the respective type of work a sufficiently detailed description of the work to enable them to submit sealed bids for the work. The Chief Procurement Officer may require such contractors to inspect the work site and shall allow them at least ten days, exclusive of Sundays and legal holidays, to submit sealed bids. The Chief Procurement Officer shall award the contract for the work to the responsive bidder offering the lowest sealed bid price, in cases where competitive bidding is required and appropriate for such contract, pursuant to the provisions of Sections 8-10-3 and 8-10-4 of the “Municipal Purchasing Act for Cities of 500,000 or More Population”, codified at 65 ILCS 5/8-10-3 and 65 ILCS 5/8-10-4, as amended. If the contract award procedure set forth in the above paragraph would, in a specific instance, result in a delay which would cause imminent hazard to public safety or substantial damage to property, the Chief Procurement Officer may, in such an instance: (i) authorize the use of prequalified contractors and make provisions for immediate use of such contractors by the using department or departments, subject to a limit on expenditures of public funds of $500,000.00 for such immediately authorized work, or (ii) follow an expedited contract award procedure which solicits bids from less than all contractors on the responsible bidder list and/or which allows less than ten days for the submittal of bids. (Added Coun. J. 5-19-93, p. 32270; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 12-20-25, p. 39283, Art. V, § 4)

Municipal Code of Chicago § 2-92-380 Contracts restrictions - Disclosure of debts to city - Outstanding parking violations.

2-92-380 Contracts restrictions - Disclosure of debts to city - Outstanding parking violations. (a) Whenever used in this section, the following words and phrases shall have the following meanings: "Contract" means any agreement or transaction pursuant to which the contracting party receives city funds in consideration for services, work or goods provided or rendered. "Debt" means a specified sum of money owed to the city for which the period granted for payment has expired. (b) Every city contract shall contain a provision that entitles the city to set off a portion of the contract price equal to the amount of any debt owed by the contracting party to the city. (c) Notwithstanding the provisions of subsection (b) herein, no such debt shall be offset from the contract price if one or more of the following conditions are met: (1) The contracting party has entered into an agreement with the department of finance, or other appropriate city department, for the payment of all debts owed to the city and the contracting party is in compliance with the agreement; or (2) The contracting party is contesting liability for or the amount of the debt in a pending administrative or judicial proceeding; or (3) The contracting party has filed a petition in bankruptcy and the debts owed the city are dischargeable in bankruptcy. (Prior code § 26-27.2; Added Coun. J. 6-7-90, p. 17027; Amend Coun. J. 11-16-11, p. 13798, Art. I, § 2; Amend Coun. J. 10-28-15, p. 11951, Art. I, § 1)

Municipal Code of Chicago § 2-92-385 Contracts - Gender pay equality - Non-disclosure of salary history.

2-92-385 Contracts - Gender pay equality - Non-disclosure of salary history. (a) Definitions. For the purpose of this section, the following terms shall have the following meanings: "Contract" means any agreement or transaction pursuant to which a contractor (i) receives city funds in consideration for services, work or goods provided or rendered, including contracts for legal or other professional services, or (ii) pays the city money in consideration for a license, grant or concession allowing it to conduct a business on city premises, and includes any contracts not awarded or processed by the Department of Procurement Services. "Contractor" means the person to whom a contract is awarded. (b) Requirements. (1) No contractor, or entity awarded a contract with the City, or any renewal or extension thereof, shall screen job applicants based on their wage or salary history, including by requiring that an applicant’s prior wages, including benefits or other compensation, satisfy minimum or maximum criteria; or by requesting or requiring that an applicant disclose prior wages or salary: (i) as a condition of being interviewed, (ii) as a condition of continuing to be considered for an offer of employment, (iii) as a condition of an offer of employment or an offer of compensation, or (iv) as a condition of employment. (2) No contractor shall seek the wage or salary history, including benefits or other compensation, of any job applicant from any current or former employer. (3) Each contractor, or entity awarded a contract with the City, or any renewal or extension thereof, must adopt a policy that includes the same prohibitions set forth in subsections (1) and (2) of this subsection (b). (c) Rules. The chief procurement officer is hereby authorized to do the following: (1) The chief procurement officer shall require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or contractor submit an affidavit and any other supporting documents demonstrating that the bidder has a policy conforming to the requirement in subsection (3) paragraph (b), above; (2) investigate all contractors’ compliance with this section; (3) provide the names and business addresses of substantial owners and contractors to persons seeking to enforce this section, and their legal representatives, to the extent allowed by law, on the condition that such information be used solely for the purpose of assisting enforcement; provided that the names and identifying information of persons seeking to enforce this section shall be deemed confidential; and (4) to promulgate regulations relating to the operation and enforcement of this section. (d) Where a contract is entered into by an agent of the city other than the chief procurement officer, that agent is authorized to take and shall take the actions described above for the chief procurement officer in subsection (c) above. (e) Noncompliance. If a contractor violates the provisions of this section, that contractor may be deemed ineligible to contract with the City; any contract, extension, or renewal thereof awarded in violation of this section may be voidable at the option of the City. Provided, however, that upon a finding of a violation by a prime contractor, no contract shall be voided, terminated, or revoked without consideration by the Chief Procurement Officer or other contracting agent of the City of such action’s impact on the prime contractor’s MBE or WBE subcontractors. For purposes of this section, "MBE" and "WBE" have the meanings ascribed to those terms in Sections 2-92-420 and 2-92-670, and "prime contractor" means a person who is the primary contractor on a contract and does not include any subcontractors. (f) Fines. Any contractor who violates this subsection shall be subject to a fine not less than $500 and not more than $1,500 for each offense. (g) Severability. If any provision, clause, sentence, paragraph, or part of this section or application thereof to any person 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 section and the application of such provision to other persons or circumstances, but shall be confined in its operation to the provision, clause, sentence, paragraph, section, or part thereof already involved in the controversy in which such judgment has been rendered and to the person and circumstances affected thereby. (Added Coun. J. 5-23-18, p. 77282, § 3)

Municipal Code of Chicago § 2-92-390 Equal employment opportunity regulations for contracts - Enforcement.

2-92-390 Equal employment opportunity regulations for contracts - Enforcement. (a) If there exists evidence that minorities and/or women are under-represented in a contractor's work force, by comparison thereof to the labor force available within the population of the City of Chicago as established in the most recent federal census or in statistics compiled by the U.S. Department of Labor, if more recent, such contractor shall forthwith take appropriate remedial action to achieve compliance with applicable federal laws and regulations. (b) (1) For any construction project having an estimated contract value of $100,000.00 or more, and which is directly supervised by the City of Chicago, beginning with the calendar year 1984, the city shall have as its yearly equal employment opportunity goals the following percentages of construction aggregated work hours in each of the categories of construction journeyworker and apprentice: (A) At least 25 percent by minorities, as described in subsection (c) of this section; (B) At least seven percent by women. (2) For any construction project having an estimated contract value of $100,000.00 or more, which is directly supervised by the City of Chicago, beginning with the calendar year 1984, the city shall have as its yearly employment opportunity goals the following percentages of construction aggregated work hours in the category of construction laborer: (A) At least 40 percent by minorities, as described in subsection (c) of this section; (B) At least ten percent by women. (3) In order to effectuate the achievement of these goals, the chief procurement officer shall employ the canvassing formula described in subsection (c) of this section in the bidding for and in the awarding of all contracts involving construction projects having an estimated contract value of $100,000.00 or more and which are directly supervised by the City of Chicago. These goals shall also apply to construction projects subsidized in part with federal revenues pursuant to congressionally created grant programs which are intended to encourage economic revitalization including improved opportunities for the poor, minorities, and unemployed within the municipality to which the grant was given (including, without limitation, Community Development Block Grants, Urban Development Action Grants and Economic Development Administration Grants), and shall be monitored by the supervising department. (c) Fulfillment of these equal employment opportunity goals for construction projects having an estimated contract value of $100,000.00 or more which are directly supervised by the City of Chicago will be achieved through contracts which shall include the following language: In accordance with Chapter 2-92 of the Municipal Code of Chicago, and in order to promote equality of opportunity for minority and female personnel on this project, the City of Chicago has established the following canvassing formula for the purpose of evaluating proposals and awarding the contract. Each bidder is invited to propose the minority and female employee utilization goals for the project, as percentages of the journeyworker and apprentice and laborer hours to be expended in the construction of the project. Lines 2, 4, and 6 in the formula shall not be greater than 70 percent in each category, for the purpose of canvassing only. The 70 percent limit shall not deter or restrict the fuller utilization of minority employees for the project, but shall only serve as a limiting figure for use in the formula. Similarly, lines 8, 10, and 12 shall not be greater than 15 percent in each category, for the purpose of canvassing only. Actual amounts of minority and female work will be measured for the total hours of construction workers employed on the projects within each of the categories of journeyworkers, apprentice, laborers by the contractor and all of the worksite subcontractors. Canvassing Formula Line 1. | Base bid, in figures | ____ Line 2. | Percentage of the total journeyworker hours that the contractor proposes to be worked by minority journeyworkers during construction of the project. Maximum figure .70. | ____ Line 3. | Multiply line 2 by line 1 by 0.04 | ____ Line 4. | Percentage of the total apprentice hours that the contractor proposes to be worked by minority apprentices during construction of the project. Maximum figure .70. | ____ Line 5. | Multiply line 4 by line 1 by 0.03 | ____ Line 6. | Percentage of the total laborer hours that the contractor proposes to be worked by minority laborers during construction of the project. Maximum figure .70. | ____ Line 7. | Multiply line 6 by line 1 by .01. | ____ Line 8. | Percentage of the total journeyworker hours that the contractor proposes to be worked by female journeyworkers during construction of the project. Maximum figure .15. | ____ Line 9. | Multiply line 8 by line 1 by 0.04. | ____ Line 10. | Percentage of the total apprentice hours that the contractor proposes to be worked by female apprentices during construction of the project. Maximum figure .15. | ____ Line 11. | Multiply line 10 by line 1 by 0.03. | ____ Line 12. | Percentage of the total laborer hours that the contractor proposes to be worked by female laborers during construction of the project. Maximum figure .15. | ____ Line 13. | Multiply line 12 by line 1 by 0.01 | ____ Line 14. | Summation of lines 3, 5, 7, 9, 11, and 13. | ____ Line 15. | Subtract line 14 from line 1 = award criteria figure. | ____ The bidder shall complete the canvassing formula and transfer the final award criteria figure, line 15, to the space provided on the itemized proposal sheet. A contract in the amount of the total base bid will be awarded to the responsible bidder with the lowest award criteria figure. The city reserves the right to revise all arithmetic calculations for correctness. The contractor is obliged during the construction of the project to fulfill every numerical commitment made under the canvassing formula categories. Therefore, every limiting condition or circumstance which may affect referral, hiring, or deployment of construction trades employees must be taken into account by the bidder before the commitment is proposed. Limits imposed by the policies or circumstances of labor organizations or other referral resources, for example, should be anticipated by the bidder, since relief from the contractor's obligations as established under the canvassing formula is not available due to such circumstances found to exist during construction. Also, if journeyworkers will not be employed in the project, or apprentices, or laborers, then the proposal made in the appropriate lines, lines 2 and 8, or lines 4 and 10 or 6 and 12, should be entered as "0 percent", since no journeyworker or apprentice or laborer hours are reported after construction, this will be computed by the city as 0 percent minority/female hours achieved. If commitments are made in the apprentice category, lines 4 and 10, the total apprentice hours to be employed on the project should be anticipated to be a substantial number of hours; since it is the intention of the city that where a commitment for a percentage of minority or female apprentices has been made, the percentage may be counted as fulfilled only as long as there were provided at least 40 actual hours of minority or female employment as apprentices. For this reason, where a minority or female percentage commitment has been made, if in the final audit of the performance of the contract there are less than 40 actual hours of minority or female apprentice work performed, then the number of minority or female apprentice hours will be counted by the City as "0" for the purpose of measuring the achievement towards the apprentice canvassing formula goal. Therefore, notice that when the contractor is performing at a level under a minority or female apprentice goal, line 4 or line 10 above, the contractor will be subject to the full amount of liquidated damages, see lines 5 and 11, if at least 40 actual hours of minority or female apprenticeship work are not achieved. When the bidder foresees that this minimum amount of apprenticeship is not available to the project, then "0" should be put in lines 4 and 10 as the percentage commitment for apprentices. The contractor is obligated to meet the total commitment made in each category, subject to liquidated damages as described below for noncompliance. The contractor hereby consents and agrees that, in the event of failure to comply with each of the minimum commitments submitted with the proposal on lines 2, 4, 6, 8, 10 and 12 of the canvassing formula, covering journeyworkers, apprentices, and laborers, respectively, the following shall apply to determine a monetary sum to be withheld from the final payment to the contractor. In calculating the aggregated work hours toward the utilization goals for construction journeyworkers, apprentices, or laborers under this subsection, the contractor shall be given 150 percent credit for every work hour performed by a minority or woman worker residing within a socio-economically disadvantaged area. The criteria for designation of an area as socio-economically disadvantaged will be set forth in rules promulgated by the Commissioner of Planning and Development. Such criteria shall include, but not be limited to, the median family income of an area. Liquidating Damages For each one percent deficiency of minority journeyworkers not utilized toward the goal (line 2), four cents for each hundred dollars of the base bid, calculated as follows: Line 1 X .04 100 Each one percent deficiency of shortfall toward the goal line (line 8) for female journeyworkers shall be computed in the same way. For each one percent deficiency of minority apprentices not utilized toward the goal (line 4), three cents per each hundred dollars on the base bid, calculated as follows: Line 1 X .03 100 Each one percent of shortfall toward the goal (line 10) for female apprentices shall be computed in the same way. For each one percent deficiency of minority laborers not utilized toward the goal (line 6), one cent per each hundred dollars of the base bid, calculated as follows: Line 1 X .01 100 Each one percent shortfall toward the goal (line 12) for female laborers shall be computed in the same way. Reporting The contractor shall submit to the City on a timely basis a completed weekly certified payroll, (U.S. Department of Labor Form WH-347, Illinois Department of Transportation Form RE-48, or equivalent) with race and gender of employees clearly named or coded each week. The contractor is responsible for forwarding every worksite subcontractor's weekly certified payroll. Supportive information regarding an employee's race, gender or work classification of such is required by the City. Failure to report fully all required workforce information will subject the contractor to liquidated damages in the total amount listed in line 14 above. In the weekly payroll reports, the following ethnic categories should be used to indicate minority personnel for purposes of the canvassing formula: Black = Persons having origins in any of the Black racial groups of Africa. Hispanic = Persons of Mexican, Puerto Rican, Cuban, Central American, or other Spanish culture or origin, regardless of race. Native American = Persons who are American Indians, Eskimos, Aleuts or Native Hawaiians. Asian Pacific = Persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories or the Northern Marianas. Asian Indian = Persons whose origins are from India, Pakistan, or Bangladesh. Included in the canvassing formula as "Journeyworkers" are the construction-site journeyworkers from the major trades including, without limitation, truck drivers, electrical groundsmen, and elevator construction helpers. Other "Helpers", watchmen, custodial workers, clerical workers, and salaried superintendents are not creditable in the formula. Hourly wage "Foremen" and "General Foremen" will be counted as journeyworkers for purposes of the canvassing formula. Included in the canvassing formula as "Apprentices" are only bona fide apprentices currently in a training program certified by the U.S. Department of Labor – Bureau of Apprenticeship and Training, and for the hours employed at the construction-site. Other categories of trainees are not creditable in the formula. Individual workers who are both minority and female will have their hours counted toward both a minority goal and any female goal. Other Regulations The adherence to the canvassing formula does not abrogate other responsibilities of the contractor to comply with equal employment opportunity requirements under federal or state law, municipal ordinance, prevailing government regulations or terms contained elsewhere in this contract. (d) The monetary damages stipulated in subsection (c) hereof may be adjusted by the chief procurement officer to represent a larger fraction of the base bid price, if the chief procurement officer after review of contractors' compliance with this section determines that said damages are insufficient to secure contractors' compliance herewith. In no event may said damages be adjusted to a lower fraction. The corporation counsel shall assist the chief procurement officer in the development of standards for the calculation of appropriate liquidated damages. Any such damage must be made effective for all contracts advertised as of a specific date chosen by the chief procurement officer, and must be made prior to said advertisement. (e) The chief procurement officer is authorized to adopt rules for the proper administration of this section. (Prior code § 26-28; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 3-16-16, p. 19974, § 1)

Municipal Code of Chicago § 2-92-400 Compliance with Sections 2-92-330 and 2-92-390 - Reports.

2-92-400 Compliance with Sections 2-92-330 and 2-92-390 - Reports. For construction contracts having an estimated contract value of $100,000.00 or more which are directly supervised by the City of Chicago, the Chief Procurement Officer shall report during the first quarter of each calendar year at a public hearing before the City Council Committee on Contracting Oversight and Equity, to detail compliance and the methods used to achieve compliance with the requirements of Sections 2-92-330 and 2-92-390 of this chapter for the prior calendar year. A written copy of this testimony shall be made available to the public by the Chief Procurement Officer. For construction projects funded in part with federal revenues as described in Section 2-92-330(a) of this chapter, the head of each department which supervises such a project shall report during the first quarter of each calendar year at a public hearing before the City Council Committee on Contracting Oversight and Equity to detail compliance and the methods used to achieve compliance with the requirements of Sections 2-92-330 and 2-92-390 of this chapter for the prior calendar year. A written copy of this testimony shall be made available to the public by such department head. (Prior code § 26-29; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 11-20-19, p. 9510, Art. II, § 7)

Municipal Code of Chicago § 2-92-405 Contracts - Bid incentive for utilization of project-area subcontractors.

2-92-405 Contracts - Bid incentive for utilization of project-area subcontractors. (a) For purposes of this section only, the following definitions shall apply: "Construction project" means any project to be paid for by the city, but which is not funded in whole or part by any federal or state funds, to construct, remodel or reconstruct any public works, public buildings, public structures, roadways, parkways, bridges, parking facilities or parks, or any portion of any of the same, belonging to the city within its geographical boundaries as they exist or shall exist in the future. "Department" means the department of procurement services. "Project-area subcontractor" means a person who: (i) conducts meaningful day-to-day business operations at a facility located within that part of the city designated as the project area in the information for bidders issued by the department and that facility is the place of employment for the majority of that person's regular, full-time workforce; (ii) holds all appropriate city licenses; (iii) is a small business enterprise; and (iv) is subject to applicable city taxes; provided that a project-area subcontractor shall not include the prime contractor. "Prime Contractor" means a person who is the primary contractor on a contract. "Small business enterprise" means a business that has gross receipts, averaged over its previous seven fiscal years, that do not exceed one and a half times the size standards of the U.S. Small Business Administration set forth in 13 C.F.R. Part 121, relevant to the scope of work the business seeks to perform on the City's contracts. (b) (1) For any construction project advertised after the effective date of this section and where not otherwise prohibited by federal, state or local law, the chief procurement officer shall allocate to any qualified bidder the following bid incentive for utilization of project-area subcontractors in the performance of the contract. Total Dollar Value of Work Performed by Project-Area Subcontractors as a Percentage of the Total Contract Value | Bid Incentive 1 to 16% | 0.5% of the contract base bid 17 to 32% | 1% of the contract base bid 33 to 49% | 1.5% of the contract base bid 50% or greater | 2% of the contract base bid If a project-area subcontractor subcontracts part of the work to another contractor, only the value of work performed by the project-area subcontractor's employees shall count towards the bid incentive, unless the sub-subcontractor is a project-area subcontractor. The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price. A contractor shall not be eligible to receive in one contract bid, the bid incentive allocated pursuant to this section and that allocated pursuant to Section 2-92-410. (2) The chief procurement officer may determine not to allocate a bid incentive under this section, under the following conditions: (i) an emergency exists; (ii) for cooperative purchasing or cooperative construction contracts; or (iii) the chief procurement officer otherwise concludes that the allocation of a bid incentive is not in the city's best interest. (3) For all construction projects advertised after the effective date of this section, the chief procurement officer shall include the bid incentive provision consistent with this section in all such advertising. (c) The prime contractor shall maintain records adequate to monitor compliance with this section and shall submit such reports as required by the chief procurement officer. Full access to the prime contractor's records shall be granted to the chief procurement officer, the commissioner of the supervising department, the inspector general, or any duly authorized representative thereof. The prime contractor and subcontractors shall maintain all relevant records for a period of at least three years after the expiration of the contract. (d) The chief procurement officer may require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or project-area subcontractor submit an affidavit and other supporting documents demonstrating that a subcontractor is a project-area subcontractor. (e) Upon completion of the work, any prime contractor that has failed to retain the percentage of project-area subcontracts for which a bid incentive was taken into consideration in awarding of a contract shall be fined an amount equal to three times the amount of the bid incentive allocated, unless the prime contractor can demonstrate that due to circumstances beyond the prime contractor's control, the prime contractor for good cause was unable to retain the percentage of project-area subcontractors throughout the duration of the contract period. (f) The chief procurement officer is authorized to adopt, promulgate and enforce reasonable rules and regulations pertaining to the administration and enforcement of this section. (g) This section shall not apply to any construction project 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 law or the home rule powers of the city. (Added Coun. J. 4-15-15, p. 106126, § 1; Amend Coun. J. 10-27-21, p. 39543, Art. III, § 2)

Municipal Code of Chicago § 2-92-407 Contracts - Bid incentive to encourage diverse management and workforce.

2-92-407 Contracts - Bid incentive to encourage diverse management and workforce. (a) For purposes of this section only, the following definitions shall apply: "Contract" means any contract, purchase order or agreement awarded by the city and whose cost is to be paid from funds belonging to or administered by the city; provided that the term "contract" does not include: (i) a delegate agency contract; (ii) a lease of real property; or (iii) a collective bargaining agreement. "Diverse" means any of the following racial or ethnic groups: African-Americans or Blacks (persons having origins in any of the Black Racial groups of Africa); Hispanics (persons of Spanish culture with origins in Mexico, South or Central America or the Caribbean Islands, regardless of race); Asian-Americans (persons having origins in any of the original peoples of East Asia, Southeast Asia, the Indian subcontinent, or the Pacific Islands); American Indians, which includes persons having origins in any of the original peoples of North and South America (including Central America) and who maintain tribal affiliation or community attachment; and Other groups, or other individuals, found by the board to be socially and economically disadvantaged and to have suffered actual racial, ethnic or gender discrimination and decreased opportunities to compete in Chicago area markets or to do business with the city. "Management" means business owners, partners and any others who have a fiduciary duty to the business. "Prime Contractor" means the primary contractor on a contract. A "prime contractor" does not include any subcontractors. "Workforce" means all who are employed by a prime contractor in a permanent, full-time employment capacity. (b) (1) Unless otherwise prohibited by any federal, state or local law, for any contract having an estimated contract value of $100,000 or more advertised, or if not advertised awarded by competitive bid, after the effective date of this ordinance, the Chief Procurement Officer shall allocate to any qualified bidder the following bid incentive for diverse management and diverse workforce: Total Percent of Prime Contractor Management That Is Diverse | Bid Incentive 10 percent to 20 percent | 0.5 percent of the contract base bid Greater than 20 percent up to 40 percent | 2 percent of the contract base bid Greater than 40 percent | 4 percent of the contract base bid Total Percent of Prime Contractor Workforce That Is Diverse | Bid Incentive 10 percent to 20 percent | 2 percent of the contract base bid Greater than 20 percent up to 40 percent | 4 percent of the contract base bid Greater than 40 percent | 6 percent of the contract base bid A prime contractor may qualify for and apply both the diverse management and diverse workforce bid incentives. The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price. (2) The Chief Procurement Officer may determine not to allocate a bid preference under this section, under the following conditions: (i) an emergency exists; (ii) for cooperative purchasing or cooperative construction contracts; or (iii) the Chief Procurement Officer otherwise concludes that the allocation of a bid preference is not in the City's best interest. (c) For all contracts advertised for bid solicitation, the Chief Procurement Officer shall include a bid preference provision consistent with this section in all such advertising. (d) The prime contractor shall maintain records adequate to monitor compliance with this section and shall submit such reports as required by the Chief Procurement Officer. Full access to the prime contractor's records shall be granted to the Chief Procurement Officer, the commissioner of the supervising department, the Inspector General, or any duly authorized representative thereof. The prime contractor shall maintain all relevant records for a period of no less than three years after the expiration of the contract. (e) The Chief Procurement Officer may require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or prime contractor submit an affidavit and other supporting documents demonstrating that the bidder or prime contractor is eligible for the diverse management and/or diverse workforce bid incentives. (f) Upon completion of the work, any prime contractor that has failed to retain the percentage of diverse management and/or diverse workforce for which a bid incentive was taken into consideration in awarding of a contract shall be fined in an amount equal to three times the amount of the bid incentive allocated, unless the prime contractor can demonstrate that due to circumstances beyond the prime contractor’s control, the prime contractor for good cause was unable to retain the percentage of diverse management and/or diverse workforce throughout the duration of the contract period. (g) The Chief Procurement Officer is authorized to adopt, promulgate and enforce reasonable rules pertaining to the administration and enforcement of this section. (Added Coun. J. 6-27-18, p. 79887, § 1; Amend Coun. J. 11-7-22, p. 54948, Art. I, § 8) Editor’s note – Coun. J. 6-28-17, p. 51157, § 2, repealed former § 2-92-407, which pertained to contracts and bid incentive for utilization of veteran-owned subcontractors.

Municipal Code of Chicago § 2-92-410 Contracts - Bid incentive for certain city- based manufacturers.

2-92-410 Contracts - Bid incentive for certain city- based manufacturers. (a) For purposes of this section only, the following definitions shall apply: "City-based manufacturer" means a person who: (i) holds any appropriate city license; (ii) is subject to applicable city taxes; and (iii) owns, operates, or leases a manufacturing facility within the city. "Contract for goods" means any contract, purchase order or agreement for the purchase of goods awarded by the city and whose cost is to be paid from funds belonging to or administered by the city; provided that a "contract" does not include: (i) a delegate agency contract; (ii) a lease of real property; (iii) a collective bargaining agreement; or (iv) a construction contract as defined in Section 2-92-670. "Locally manufactured goods" means goods whose value, either in whole or in part, is derived from growing, producing, processing, assembling, or manufacturing activities that occur within a city-based manufacturer's facility located within the city. "Manufacture" means to produce tangible goods for use from raw or prepared materials by giving the materials new forms, qualities, properties or combinations, whether by hand-labor or machines. (b) (1) Unless otherwise prohibited by any federal, state or local law, for any contract for goods having an estimated contract value of $100,000 or more advertised, or if not advertised awarded, after the effective date of this section, the chief procurement officer shall allocate to any qualified bidder the following bid incentive: Total Dollar Value of Locally Manufactured Goods Provided in the Contract | Bid Incentive 25% to 49% | 1% of the contract base bid 50% to 74% | 1.5% of the contract base bid 75% or greater | 2% of the contract base bid Provided that for any contract subject to this section, if a contractor is allocated a bid preference pursuant to Section 2-92-412 or a bid incentive pursuant to Section 2-92-405, the contractor shall not be eligible to receive the bid incentive allocated pursuant to this section. The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price. (2) The chief procurement officer may determine not to allocate a bid incentive under this section, under the following conditions: (i) the purchase of locally manufactured goods is not in the best interest of the city; (ii) the locally manufactured goods are not likely to be available in sufficient supply and acceptable quality; (iii) the purchase of locally manufactured goods conflicts with another city economic development program; (iv) the purchase of locally manufactured goods will increase the cost of the goods by more than five percent over non-locally manufactured goods; (v) for cooperative purchasing contracts; or (vi) an emergency exists. (3) For all contracts advertised after the effective date of this section, the chief procurement officer shall include the bid incentive provision consistent with this section in all such advertising. (c) For a specific type of good, the chief procurement officer shall establish, in rules and regulations, the amount of value that must be derived from manufacturing activities located in the city in order for that good to qualify as a locally manufactured good. (d) The contractor shall maintain records adequate to monitor compliance with this section and shall submit such reports as required by the chief procurement officer. Full access to the contractor's records shall be granted to the chief procurement officer, the commissioner of the supervising department, the inspector general, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for a period of no less than three years after the expiration of the contract. (e) The chief procurement officer may require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or contractor submit an affidavit and other supporting documents demonstrating that the bid for which the bid incentive is being or was sought satisfies all pertinent requirements, including documentation that a specific good meets the criteria for a locally manufactured good. The documentation may include, but is not limited to, a manufacturer's certification that the good was manufactured at a facility located in the city and an opinion from a certified public accountant that evidences the amount of the value being added from the manufacturing activity located in the city. (f) Upon completion of the work, any contractor that has failed to supply the required percentage of locally manufactured goods for which a bid incentive was allocated shall be fined in an amount equal to three times the amount of the difference between the bid incentive allocated and the bid incentive that would have been allocated to that contractor for the amount of locally manufactured goods actually supplied under the contract, unless the contractor can demonstrate that due to circumstances beyond the contractor's control, the contractor for good cause was unable to provide the required percentage of locally manufactured goods. (g) The chief procurement officer is authorized to adopt, promulgate and enforce reasonable rules and regulations pertaining to the administration and enforcement of this section. (Added Coun. J. 2-15-12, p. 20488, § 1; Amend Coun. J. 4-15-15, p. 106126, § 1) Editor's note – Coun. J. 7-19-00, p. 38206, § 1, repealed former § 2-92-410, which pertained to political activity prohibited – exception.

Municipal Code of Chicago § 2-92-412 Contracts - Bid preference for city-based businesses.

2-92-412 Contracts - Bid preference for city-based businesses. (a) For purposes of this section only, the following definitions shall apply: "City-based business" means a person who (i) conducts meaningful day-to-day business operations at a facility located within the city and that facility is the place of employment for the majority of its that person's regular, full-time workforce; (ii) holds all appropriate city licenses; and (iii) is subject to applicable city taxes. "City resident employee" means an individual who resides in the City and who is employed by a prime contractor in a permanent, full-time employment and whose work is not counted towards the work hours required by Section 2-92-330. "City residents" has the meaning ascribed to the term in Section 2-92-330. "Contract" means any contract, purchase order or agreement awarded by the city and whose cost is to be paid from funds belonging to or administered by the city; provided that the term "contract" does not include: (i) a delegate agency contract; (ii) a lease of real property; or (iii) a collective bargaining agreement. "Prime Contractor" means a person who is a city- based business and the primary contractor on a contract. A "Prime Contractor" does not include any subcontractors. "Socio-economically disadvantaged area" means an area within the City that meets the criteria for designation as socio-economically disadvantaged area as set forth in rules promulgated by the City's Commissioner of Planning and Development pursuant to Section 2-92-390. (b) (1) Unless otherwise prohibited by any federal, state or local law, for any contract having an estimated contract value of $100,000.00 or more, the chief procurement officer shall allocate to any qualified bidder that is a prime contractor a bid preference of: (i) 4 percent of the contract base bid; or (ii) 6 percent of the contract base bid, if the majority of such prime contractor’s employees are city resident employees; or (iii) 8 percent of the contract base bid, if such prime contractor is eligible for an incentive under subsection (b)(1)(ii) and the majority of such contractor’s city resident employees are residents of a socio-economically disadvantaged area. If a prime contractor is allocated a bid preference pursuant to this section, the prime contractor shall not be eligible to receive a bid incentive pursuant to Section 2-92-410. The bid preference is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price. (2) The chief procurement officer may determine not to allocate a bid preference under this section, under the following conditions: (i) an emergency exists; (ii) for cooperative purchasing or cooperative construction contracts; or (iii) the chief procurement officer otherwise concludes that the allocation of a bid preference is not in the city's best interest. (3) For all contracts advertised for bid solicitation, the chief procurement officer shall include a bid preference provision consistent with this section in all such advertising. (c) The prime contractor shall maintain records adequate to monitor compliance with this section and shall submit such reports as required by the chief procurement officer. Full access to the prime contractor's records shall be granted to the chief procurement officer, the commissioner of the supervising department, the inspector general, or any duly authorized representative thereof. The prime contractor and subcontractors shall maintain all relevant records for a period of no less than three years after the expiration of the contract. (d) The chief procurement officer may require, at the time of submission of a bid or at any time during the term of the contract, that the bidder or prime contractor submit an affidavit and other supporting documents demonstrating that the bidder or prime contractor is a city-based business and, if applicable, an affidavit and other supporting documents demonstrating that the bidder or prime contract is eligible for a four-percent or six-percent bid preference under this section. (e) Upon completion of the work, any prime contractor that has failed to remain a city-based business, or, if applicable, a city-based business eligible for a four-percent or six-percent bid preference, for which a bid preference was taken into consideration in awarding of a contract shall be fined in an amount equal to three times the amount of the bid preference allocated, unless the prime contractor can demonstrate that due to circumstances beyond the prime contractor's control, the prime contractor for good cause was unable to remain a city-based business, or, if applicable, a city- based business eligible for a four-percent or six-percent bid preference, throughout the duration of the contract period. (f) The chief procurement officer is authorized to adopt, promulgate and enforce reasonable rules pertaining to the administration and enforcement of this section. (Added Coun. J. 2-15-12, p. 20488, § 1; Amend Coun. J. 4-15-15, p. 106126, § 1; Amend Coun. J. 11-9-16, p. 36307, § 1; Amend Coun. J. 6-27-18, p. 79887, § 1)

Municipal Code of Chicago § 2-92-413 Contracts - Bid incentives for alternatively powered vehicles.

2-92-413 Contracts - Bid incentives for alternatively powered vehicles. (a) For purposes of this section only, the following definitions apply: "Alternative fuel" has the meaning ascribed to that term in the Energy Policy Act of 1992, and the rules promulgated by the United States Department of Energy pursuant to that Act. The term "alternative fuel" includes but is not limited to natural gas, liquefied petroleum gas, hydrogen, ethanol E85 or electricity; "Alternatively powered vehicle" means a vehicle that: (1) is fueled by alternative fuel; provided that if a vehicle is capable of being powered by alternative fuel and traditional petroleum-based gasoline or petroleum-based diesel fuel, the vehicle must be powered by the alternative fuel for no less than 80% BTUs consumed during the three months prior to the submission of the bid; or (2) is commonly referred to as a hybrid vehicle that is capable of being powered by a combination of any fuel and an alternative power source and the alternative power source includes an energy storage system to store generated or accumulated energy which substantially reduces the fuel use and emissions when compared to a standard vehicle of the same age, type and size; or (3) is fueled by a biodiesel blend; provided that the vehicle is powered by the biodiesel blend for no less than 80% of the gallons consumed during the three months prior to the submission of the bid; or (4) is fueled by traditional petroleum-based gasoline or petroleum-based diesel fuel, but powered by an engine substantially more efficiently designed than a standard vehicle of the same age, type and size; provided that the vehicle is rated by the United States Environmental Protection Agency in the top 5% for fuel efficiency for similar vehicles. An "alternatively powered vehicle" does not include any vehicle which is: (i) primarily used in a warehouse or similar type of enclosed structure; (ii) required to use, or given credit for using, alternative fuel by any federal, state or local law; or (iii) subject to Section 2-92-595. "Bid incentive" means an amount deducted, for bid evaluation purposes only, from the contract base bid in order to calculate the bid price to be used to evaluate the bid on a competitively bid contract. "Biodiesel blend" has the meaning ascribed to that term in Section 2-92-595. "Construction project" has the meaning ascribed to that term in Section 2-92-335. "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. "Contract base bid" means the total dollar amount a contractor bids on a contract without factoring any bid incentive or percentage reductions in the bid amount. "Eligible business" means a business located within the counties of Cook, DuPage, Kane, Lake, McHenry or Will in the State of Illinois (the "Six County Region"), and as to which: (1) a majority of the business' fleet is located and used within the Six County Region; and (2) a majority of those vehicles located and used within the Six County Region are alternatively powered vehicles. "Fleet" means 10 or more vehicles that are owned, operated, leased or otherwise controlled by a business. "Vehicle" means every device powered by a motor or engine and by, upon, or in which any person or property is or may be transported or drawn upon a street or highway, except a "vehicle" shall not include motorized wheelchairs, golf carts, neighborhood electric vehicles, as that term is defined in Section 9-4-010, devices moved solely by human power, devices used exclusively upon stationary rails or tracks, or snowmobiles, as defined in the Snowmobile Registration and Safety Act of Illinois. (b) (1) Unless otherwise prohibited by any federal, state or local law, for any contract having an estimated contract value of $100,000 or more advertised, or if not advertised awarded, after the effective date of this ordinance, the chief procurement officer shall allocate a bid incentive of 1/2% of the contract base price to a qualified bidder when the qualified bidder is an eligible business. The bid incentive is used only to calculate an amount to be used in evaluating the bid to determine the low bidder, and it does not affect the contract price. For purposes of this section the total dollar value of a construction project contract includes both materials and labor. (2) The chief procurement officer may forego awarding the bid incentive under this section, under the following conditions: (i) an emergency exists; (ii) for cooperative purchasing or cooperative construction contracts; (iii) where an eligible business is determined by the chief procurement officer to be unqualified, unable, or ineligible to perform the contract; or (iv) for any other factor the chief procurement officer deems to be in the city's best interest. (3) For all contracts advertised after the effective date of this section, the chief procurement officer shall include the bid incentive provision consistent with this section in all such advertising. (4) As a condition of being awarded the bid incentive, the eligible business shall continue to meet the definition of an eligible business during the term of the contract for which the bid incentive was awarded. (c) The contractor shall maintain adequate records necessary to monitor compliance with this section and shall submit such reports as required by the chief procurement officer. Full access to the contractor's and subcontractors' records shall be granted to the chief procurement officer, the commissioner of the supervising department, the inspector general, or any duly authorized representative thereof. The contractor and subcontractors shall maintain all relevant records for a period of no less than seven years after final acceptance of the work. (d) A bidder desiring to receive an incentive pursuant to this section shall include with its bid submission, an affidavit and other supporting documents demonstrating that the bidder satisfies all pertinent requirements as an eligible business. (e) Upon completion of the work, any eligible business that receives a bid preference but that fails to meet the definition as an eligible business during the term of the contract for which the bid incentive was awarded shall be fined in an amount equal to three times the amount of the bid incentive awarded. (f) The chief procurement officer is authorized to adopt, promulgate and enforce reasonable rules and regulations pertaining to the administration and enforcement of this section. (g) 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 law or the home rule powers of the city. (Added Coun. J. 1-17-13, p. 45267, § 1)

Municipal Code of Chicago § 2-92-415 Compliance with child support orders.

2-92-415 Compliance with child support orders. (a) For purposes of this section, the following words and phrases shall have the following meanings: "Bid contracts" means all city contracts let by a competitive bidding process as set forth in 65 Illinois Compiled Statutes 5/8-10-1. "Bidder" means any person who submits a bid for a bid contract. "Contract" means any agreement or transaction pursuant to which a contractor (i) receives city funds in consideration for services, work or goods provided or rendered, including contracts for legal or other professional services, or (ii) pays the city money in consideration for a license, grant or concession allowing it to conduct a business on city premises, and includes any contracts not awarded or processed by D.P.S. "Contractor" means the person to whom a contract is awarded. "Court-ordered child support arrearage" means that the Circuit Court of Cook County has issued an order declaring the respondent in arrearage on his or her child support obligations in a specific amount as of the date of that order or, upon the discretion of the commissioner, may mean that another Illinois court of competent jurisdiction has issued such an order. "Potential contractor" means any person who is seeking to enter into a contract other than a bid contract. "Substantial owner" means any person who owns or holds a ten percent or more percentage of interest in any bidder, potential contractor or contractor, as revealed by the disclosures required by the provisions of Chapter 2-154, including those shareholders, partners, beneficiaries and principals more specifically described therein; except that where the bidder, potential contractor or contractor is an individual or sole proprietorship. "Child support withholding notice" means any income withholding notice which, pursuant to the applicable governing law, directs the payor (i) to withhold a dollar amount equal to the order of child support, and/or (ii) to withhold a dollar amount equal to or towards paying off any unpaid child support obligations, and/or (iii) to enroll a child as a beneficiary of a health insurance plan and withhold or cause to be withheld any required premiums, and also includes any order issued by the Circuit Court of Cook County (or, upon the discretion of the commissioner, another Illinois court of competent jurisdiction) which similarly directs the payor. (b) Every bidder shall be required to submit an affidavit disclosing (1) any delinquencies by any of its substantial owners on a court-ordered child support arrearage and, (2) if any exist, whether the substantial owner has entered into a court-approved agreement for the payment of all child support owed and is in compliance with such agreement. In addition, every potential contractor shall submit such an affidavit prior to execution of any contract. (c) With respect to bid contracts, where the affidavit shows that a substantial owner of a bidder is delinquent under (b)(1) and has not satisfied (b)(2), the chief procurement officer shall add eight percent to the bidder's bid price. This eight percent shall increase the bidder's bid price for the purpose of canvassing the bids in order to determine who is the lowest bidder. This eight percent penalty shall apply only for purposes of comparing bid amounts and shall not affect the amount of any contract payment. The provisions of this subsection shall only apply where not otherwise prohibited by federal, state or local law. (d) In addition, where the chief procurement officer otherwise determines that a bidder, or a substantial owner thereof, is delinquent on a court- ordered child support arrearage, the foregoing eight percent penalty shall be applied; provided that such penalty shall not be applied if, where practicable, the chief procurement officer notifies the bidder of such determination and prior to the chief procurement officer's awarding of the contract, the bidder promptly provides the chief procurement officer with sufficient evidence of the following: (1) as of the date the bid was submitted, the substantial owner had paid all child support then due under the court order, as evidenced by a certified court order or official clerk's records that no support was due and owing on that date; or (2) as of the date the bid was submitted, the substantial owner has entered into a court-approved agreement for the payment of all child support owed and was in compliance with such agreement. (e) Once a contract is awarded, every contractor must comply with all child support withholding notices that are served upon it. Failure to comply with such an order, after notice from the City of such noncompliance and a 30 day opportunity to cure, shall be an event of default. Compliance shall be evidenced by canceled checks paid to obligee or official clerk's records that payments were received on behalf of the obligee. (f) The chief procurement officer is hereby authorized to do the following: (1) investigate the child support payment records of any substantial owner to determine court- ordered child support arrearages; (2) investigate all contractors' compliance with child support withholding notices; (3) provide information on substantial owners and contractors to the appropriate Cook County and State of Illinois governmental entities, to the extent allowed by law; to assist those offices in enforcement of child support obligations; (4) provide the names and business addresses of substantial owners and contractors to persons seeking to enforce court-ordered child support arrearages and child support withholding notices, and their legal representatives, to the extent allowed by law, on the condition that such information be used solely for the purpose of assisting in child support enforcement; provided that the names and identifying information of persons seeking to enforce child support orders shall be deemed confidential; and (5) to promulgate regulations relating to the operation of this section. (g) If the chief procurement officer determines that (i) a bidder, potential contractor or contractor, or a substantial owner thereof, has made a misrepresentation to D.P.S. regarding compliance with any child support order, or (ii) a contractor more than once has submitted affidavits showing a substantial owner's unpaid court- ordered child support arrearage, or (iii) a contractor on more than one occasion has failed to comply with child support withholding notices, after having received notice from the city of such noncompliance and a 30-day opportunity to cure, the chief procurement officer shall notify that bidder, potential contractor or contractor that it and the substantial owners thereof shall be barred from contracting on additional contracts for a period of three years. The bidder, potential contractor or contractor shall have the opportunity to seek reconsideration of such ineligibility by submitting to the chief procurement officer sufficient evidence that: (1) the noncomplying substantial owner is no longer affiliated in any way with the contractor, bidder or potential contractor; or (2) the formerly noncomplying substantial owner no longer has any outstanding child support arrearages, as evidenced by a certified court order or official clerk's records that no support is due and owing; provided that, where the ineligibility is based on a misrepresentation, such payment in full shall not be reason to suspend ineligibility unless the chief procurement officer also determines that such misrepresentation was inadvertent; or (3) the substantial owner was not an obligor under a court-ordered child support arrearage at the time of the alleged misrepresentation. (h) The chief procurement officer shall have the authority to suspend the ineligibility of a bidder, contractor or potential contractor for the reasons and using the procedures set forth in Section 2-92-320. (i) Where a contract is entered into by an agent of the city other than the chief procurement officer, that agent is authorized to take and shall take the actions described above for the chief procurement officer in subsections (e) – (i) above. (Added Coun. J. 2-7-96, p. 15393; Amend Coun. J. 7-29-98, p. 75051, § 5; Amend Coun. J. 7-19-00, p. 38206, § 1; Amend Coun. J. 9-4-02, p. 92670, § 3; Amend Coun. J. 11-8-12, p. 38872, § 13)

Municipal Code of Chicago § 2-92-416 Serious and chronic code violations.

2-92-416 Serious and chronic code violations. (a) Definitions. As used in this section: "Active enforcement proceedings" means court proceeding in which a subsequent court date has been established by the court and excludes court proceedings taken off call pursuant to a consent decree or similar agreement. "Building code scofflaw" means a person subject to the prohibition in subsection (b). "Building provisions of this Code" has the meaning ascribed to that term in Section 1-4-090. "Commissioner" means the Commissioner of Buildings. "Do business with the City" means: (i) being awarded a City contract, or (ii) receiving a grant, loan or other form of financial assistance from any City department, or (iii) having an application for any of the following accepted and processed by the relevant department: (A) an acquisition of City real property, (B) a lease, (C) a real property tax reclassification, (D) a zoning map amendment, or (E) a street or alley vacation. "Owner" has the meaning ascribed to that term in Section 14A-2-202, provided however that such term shall not include: (i) a unit of government; (ii) a person acting on behalf of a unit of government; or (iii) a court-appointed receiver. "Priority building with serious and chronic code violations" means a building that: (i) is occupied; (ii) is subject to proceedings initiated by the Corporation Counsel in the Circuit Court of Cook County to enforce the building provisions of this Code; (iii) remains subject to active enforcement proceedings more than eighteen months after the initial hearing date in such proceedings; and (iv) is a drug and gang house, house of prostitution, or other disorderly house pursuant to Section 8-4-090 or is being monitored pursuant to the Troubled Buildings Initiative Program established by an ordinance adopted by the City Council on July 9, 2003 (C.J. pp. 3547 - 3550), as amended. Provided, however, that this term shall not include residential buildings containing four or fewer dwelling units if the owner's primary residence is in the building or on the same premises. "Substantial ownership interest" means greater than 7-1/2 percent ownership interest; provided, however, that if an entity is publicly traded on an exchange, the term "substantial ownership interest" means any officer or director of the entity. (b) Prohibition. No person shall be eligible to do business with the City if the person is identified pursuant to subsection (e) as an owner of a priority building with serious and chronic violations; nor shall any entity in which such a person has a substantial ownership interest be eligible to do business with the City. Provided, however, that the prohibition in this subsection shall not apply for a specific contract if the head of the department administering the contract determines that (i) the City is unable to acquire the goods or services provided by the person at comparable price and quality, and in sufficient quantity, from other sources; or (ii) the public health, safety and welfare requires it. (c) Applicability. A person identified as an owner of a priority building with serious and chronic code violations pursuant to subsection (e) shall remain subject to the prohibition in subsection (b) and the disclosure requirement in subsection (f) until the person is dismissed as a defendant from the enforcement proceeding or the entire enforcement proceeding is dismissed or settled as evidenced by a certified copy of an order to such effect issued by the Circuit Court of Cook County. (d) Building list. On or before March 1 and September 1 of each year, the Commissioner, after consultation with the Corporation Counsel, shall create and publish a list of all priority buildings with serious and chronic code violations as of the date the list is created, provided, however, that the Commissioner and Corporation Counsel may omit from this list any building for which the owner has: (i) abated all immediate hazards, and (ii) entered into a binding agreement with the City to complete work necessary to remedy all other violations of the building provisions of this Code in accordance with a schedule acceptable to the City. In addition to any other penalties or remedies provided for in such an agreement, if the owner violates an agreement entered into pursuant to this subsection and fails to cure such violation, the Commissioner shall place the building on the next list issued pursuant to this subsection. (e) Owner list. On or before April 1 and October 1 of each year, the Corporation Counsel shall, with respect to each building identified pursuant to subsection (d), create and provide to the Commissioner a list of the owners who are named as defendants in the applicable enforcement proceedings as of the date the list is created. The Commissioner shall publish such list. (f) Disclosure required. The Corporation Counsel shall require each person included on the list created pursuant to subsection (e) to disclose in writing the address of each property in the City of Chicago in which such person has a substantial ownership interest. The Corporation Counsel may provide such information to the Commissioner, and the Commissioner may publish such information. Failure to comply with this requirement within 14 days of the request shall be subject to a fine of not less than $500.00 nor more than $1,000.00 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. (g) Rules. The Commissioner and Corporation Counsel are authorized to adopt rules to implement this section. (Added Coun. J. 1-13-10, p. 83085, § 1; Amend Coun. J. 11-8-12, p. 38872, § 14; Amend Coun. J. 11-26-13, p. 67481, Art. I, § 4; Amend Coun. J. 1-21-15, p. 102428, § 3; Amend Coun. J. 4-21-21, p. 29948, § 2; Amend Coun. J. 1-26-22, p. 43756, Art. V, § 1)

Municipal Code of Chicago § 2-92-417 Bid incentives - MBE/WBE requirements.

2-92-417 Bid incentives - MBE/WBE requirements. Unless otherwise prohibited by any federal, state or local law, any contract awarded based upon an allocation of a bid incentive authorized pursuant to this Article III shall be subject to the MBE and WBE participation provisions set forth in Articles IV and VI of this chapter. For purposes of this section "MBE" and "WBE" have the meanings ascribed to those terms in Section 2-92-420. (Added Coun. J. 6-25-14, p. 83495, § 1)

Municipal Code of Chicago § 2-92-418 Fuel purchasing.

2-92-418 Fuel purchasing. The Chief Procurement Officer, or his designee, is authorized to enter into contracts with vendors for a specific quantity of fuel to be delivered to the City on a specific date or dates at a "not-to-exceed" price. The fuel delivery date may not be more than three years after the date on which the contract is entered. (Added Coun. J. 11-26-19, p. 11390, Art. VIII, § 2) Editor’s note – Coun. J. 11-8-12, p. 38867, § 4, repealed a former § 2-92-418, which pertained to fees relating to the submission of bids and proposals. Coun. J. 6-28-17, p. 51157, § 2, repealed a subsequent § 2-92-418, which pertained to contracts and bid incentive for eligible joint ventures and veteran-owned small local businesses.

Municipal Code of Chicago § 2-92-419 Alternative construction delivery system contracts.

2-92-419 Alternative construction delivery system contracts. (a) Definitions. For purposes of this section only, the following definitions apply: "Alternative Construction Delivery System" means a delivery system other than the traditional design-bid- build delivery system. An alternative construction delivery system may include, but not be limited to, a design-build delivery system and construction management. "Alternative Construction Delivery System Contract" means a contract for the construction of a public project between the city and a person, which was awarded under an alternative construction delivery system. "Construction management" means a delivery system that provides responsibility within a single contract for the administration, management and coordination of all aspects of a construction project from conception to completion to ensure the project is properly designed, engineered and constructed within a specific time period and budget. "Delivery System" means the design and construction approach used to develop and construct a project. "Design-bid-build" means the traditional delivery system used on public projects pursuant to the Municipal Purchasing Act. "Design-build" means a delivery system that provides responsibility within a single contract for the furnishing of architecture, engineering, land surveying and related services as required, and the labor, material, equipment, and other construction services for the project. "Municipal Purchasing Act" means the Municipal Purchasing Act for cities of five hundred thousand or more in population, 65 ILCS 5/8-10-1, et seq., as amended. (b) In lieu of awarding a construction contract through the traditional design-bid-build process and without following the competitive bidding requirements pursuant to Illinois law, including, without limitation, section 8-10-3 of the Municipal Purchasing Act, the chief procurement officer is authorized to award contracts for construction projects utilizing an alternative construction delivery system, including, but not limited to, design-build and construction management. The chief procurement officer is further authorized to procure such alternative construction delivery systems through requests for qualifications, requests for proposals, competitive negotiations and similar competitive procurement processes as determined by the chief procurement officer to be consistent with the purposes of the projects and best interests of the city. The chief procurement officer is further authorized to include value engineering, and alterations in project scope consistent with value engineering, within such competitive procurement processes. The alternative construction delivery system contract may be conditioned upon subsequent refinements in scope and price and may allow the chief procurement officer to make modifications in the project scope without invalidating the contract. Except as otherwise authorized herein, such requests for proposals and contracts shall be executed and administered pursuant to the provisions of the Municipal Purchasing Act and relevant provisions of the Municipal Code. In selecting an alternative construction delivery system and awarding a contract pursuant to this section, the chief procurement officer shall consider the following factors: (1) the needs of the city; (2) time requirements for the project and potential time savings strategies; (3) the complexity of the project; (4) estimated project costs; (5) cost savings to the city; and (6) any other factor the chief procurement officer deems to be in the city's best interest. (c) An alternative construction delivery system contract will include such provisions as required by the chief procurement officer and such provisions as required by law, including, but not limited to, non- discrimination, payment of living wage, payment of prevailing wages, and M.B.E./W.B.E. participation. (d) With respect to alternative construction delivery system contracts awarded pursuant to this section, the chief procurement officer is authorized to take any and all actions, including but not limited to the execution of the other documents, certifications and agreements, as may be necessary or desirable to implement the objectives of this section, all of which are consistent with the terms and provisions of the contracts, as executed. (Added Coun. J. 4-9-08, p. 24621, § 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/0-0-0-2600967Fetched: 10/24/2026