093_SB0802ham002











                                     LRB093 02941 RCE 16207 a

 1                    AMENDMENT TO SENATE BILL 802

 2        AMENDMENT NO.     .  Amend Senate Bill 802,  AS  AMENDED,
 3    with reference to page and line number of House Amendment No.
 4    1,  on  page  5,  immediately below line 14, by inserting the
 5    following:

 6        "Section 28.  Affirmative action.
 7        (a)  The City of Chicago shall, within 90 days after  the
 8    effective  date  of  this  Act,  establish  and  maintain  an
 9    affirmative   action   program   designed  to  promote  equal
10    employment   opportunity   with   respect   to   the   O'Hare
11    Modernization Program  and  eliminate  the  effects  of  past
12    discrimination.   The program shall include a plan, including
13    timetables where appropriate, which shall specify  goals  and
14    methods  for increasing participation by women and minorities
15    in employment by the City and by parties that  contract  with
16    the  City  with  respect to the O'Hare Modernization Program.
17    The City shall submit a detailed plan to the General Assembly
18    prior to September 1 of each year.  The  program  shall  also
19    establish  procedures  and  sanctions  (including debarment),
20    which the City shall enforce to ensure  compliance  with  the
21    plan  established pursuant to this Section and with State and
22    federal laws and regulations relating to  the  employment  of
23    women  and  minorities.   A  determination  by the City as to
 
                            -2-      LRB093 02941 RCE 16207 a
 1    whether a party to a contract with the City has achieved  the
 2    goals or employed the methods for increasing participation by
 3    women  and  minorities shall be determined in accordance with
 4    the terms of the contracts or the  applicable  provisions  of
 5    rules  and  regulations  of the City existing at the time the
 6    contract  was  executed,   including   any   provisions   for
 7    consideration  of  good  faith efforts at compliance that the
 8    City may reasonably adopt.
 9        (b)  The City  shall  adopt  and  maintain  minority  and
10    female  owned  business enterprise procurement programs under
11    the affirmative action program described  in  subsection  (a)
12    for  any and all work undertaken by the City under the O'Hare
13    Modernization Program.  That work shall include, but  is  not
14    limited   to,   the   purchase   of   professional  services,
15    construction services, supplies,  materials,  and  equipment.
16    The  programs shall establish goals of awarding not less than
17    25% of the annual dollar value  of  all  contracts,  purchase
18    orders,  or  other  agreements  (collectively  referred to as
19    "contracts") to minority  owned  businesses  and  5%  of  the
20    annual   dollar  value  of  all  contracts  to  female  owned
21    businesses.   Without  limiting   the   generality   of   the
22    foregoing,  the programs shall require in connection with the
23    prequalification or consideration of vendors for professional
24    service contracts, construction contracts, and contracts  for
25    supplies,   materials,  equipment,  and  services  that  each
26    proposer or bidder submit as part of his or her  proposal  or
27    bid  a  commitment detailing how he or she will expend 25% or
28    more of the dollar value of his or her contracts with one  or
29    more  minority  owned businesses and 5% or more of the dollar
30    value with one or more  female  owned  businesses.   Bids  or
31    proposals  that  do not include such detailed commitments are
32    not responsive and shall be rejected unless the City deems it
33    appropriate to grant a  waiver  of  these  requirements.   In
34    addition  the  City  may, in connection with the selection of
 
                            -3-      LRB093 02941 RCE 16207 a
 1    providers of professional  services,  reserve  the  right  to
 2    select  a  minority or female owned business or businesses to
 3    fulfill  the  commitment  to  minority  and  female  business
 4    participation.   The  commitment  to  minority   and   female
 5    business  participation  may  be  met  by  the  contractor or
 6    professional service  provider's  status  as  a  minority  or
 7    female   owned   business,   by   joint   venture,     or  by
 8    subcontracting a portion  of  the  work  with  or  purchasing
 9    materials  for  the work from one or more such businesses, or
10    by any combination thereof. Each contract shall  require  the
11    contractor  or  provider to submit a certified monthly report
12    detailing the  status  of  that  contractor's  or  provider's
13    compliance with the City's minority and female owned business
14    enterprise  procurement  program.   The City, after reviewing
15    the monthly reports of the contractors and  providers,  shall
16    compile a comprehensive report regarding compliance with this
17    procurement  program  and  file it quarterly with the General
18    Assembly.  If, in connection with a particular contract,  the
19    City  determines  that  it  is  impracticable  or excessively
20    costly to obtain  minority  or  female  owned  businesses  to
21    perform sufficient work to fulfill the commitment required by
22    this   subsection,   the  City  shall  reduce  or  waive  the
23    commitment in the contract, as may be appropriate.  The  City
24    shall  establish  rules  and  regulations  setting  forth the
25    standards  to  be  used  in  determining  whether  or  not  a
26    reduction or waiver  is  appropriate.   The  terms  "minority
27    owned business" and "female owned business" have the meanings
28    given   to   those  terms  in  the  Business  Enterprise  for
29    Minorities, Females, and Persons with Disabilities Act.
30        (c)  The City shall adopt  and  maintain  an  affirmative
31    action  program  in  connection with the hiring of minorities
32    and women on any and all construction projects undertaken  by
33    the City under the O'Hare Modernization Program.  The program
34    shall be designed to promote equal employment opportunity and
 
                            -4-      LRB093 02941 RCE 16207 a
 1    shall  specify  the  goals  and  methods  for  increasing the
 2    participation of minorities and women in a representative mix
 3    of job classifications required  to  perform  the  respective
 4    contracts awarded by the City.
 5        (d)  In connection with the O'Hare Modernization Program,
 6    the  City  shall  incorporate the following elements into its
 7    minority and female owned business  procurement  programs  to
 8    the  extent  feasible:  (1)  a major contractors program that
 9    permits minority owned businesses and female owned businesses
10    to bear significant responsibility and risk for a portion  of
11    the  project;  (2)  a  mentor/protege  program  that provides
12    financial, technical, managerial,  equipment,  and  personnel
13    support   to  minority  owned  businesses  and  female  owned
14    businesses; (3)  an  emerging  firms  program  that  includes
15    minority  owned  businesses  and female owned businesses that
16    would  not  otherwise  qualify  for  the   project   due   to
17    inexperience  or  limited  resources;  (4)  a  small projects
18    program that includes participation by smaller minority owned
19    businesses and female owned  businesses  on  jobs  where  the
20    total dollar value is $5,000,000 or less; and (5) a set-aside
21    program   that   will   identify   contracts   requiring  the
22    expenditure of  funds  less  than  $50,000  for  bids  to  be
23    submitted  solely  by  minority  owned  businesses and female
24    owned businesses.
25        (e)  The City is authorized to enter into agreements with
26    contractors' associations, labor unions, and the  contractors
27    working  on  the O'Hare Modernization Program to establish an
28    Apprenticeship Preparedness Training Program to  provide  for
29    an  increase  in the number of minority and female journeymen
30    and apprentices in the building  trades  and  to  enter  into
31    agreements  with  Community  College  District 508 to provide
32    readiness training.
33        (f)  O'Hare Modernization Program Advisory  Board.  There
34    is  created  an  O'Hare  Modernization Program Advisory Board
 
                            -5-      LRB093 02941 RCE 16207 a
 1    composed as  follows:  4  members  shall  be  State  Senators
 2    appointed  by the President of the Senate; 4 members shall be
 3    State Senators  appointed  by  the  Minority  Leader  of  the
 4    Senate; 4 members shall be State Representatives appointed by
 5    the  Speaker  of  the House of Representatives; and 4 members
 6    shall be State  Representatives  appointed  by  the  Minority
 7    Leader  of  the House of Representatives.  A State Senator or
 8    State Representative member may appoint a designee  to  serve
 9    on the Advisory Board in his or her absence.
10        A "member of a minority group" shall mean a person who is
11    a  citizen  or lawful permanent resident of the United States
12    and who is:
13             (1)  Black (a person having origins in  any  of  the
14        black racial groups in Africa);
15             (2)  Hispanic  (a  person  of  Spanish or Portuguese
16        culture with origins in Mexico, South or Central America,
17        or the Caribbean Islands, regardless of race);
18             (3)  Asian American (a person having origins in  any
19        of  the original peoples of the Far East, Southeast Asia,
20        the Indian Subcontinent, or the Pacific Islands); or
21             (4)  American Indian or  Alaskan  Native  (a  person
22        having  origins  in  any of the original peoples of North
23        America).
24        The terms of members of the Advisory Board shall continue
25    as long as they  hold  their  designated  elected  positions.
26    Vacancies  shall  be  filled by appointment for the unexpired
27    term in the same manner as original  appointments  are  made.
28    The Advisory Board shall elect its own chairperson.
29        Members   of  the  Advisory  Board  shall  serve  without
30    compensation  but,  at  the  City's  discretion,   shall   be
31    reimbursed  for  necessary  expenses  in  connection with the
32    performance of their duties.
33        The Advisory Board shall meet quarterly,  or  as  needed,
34    shall produce any reports it deems necessary, and shall:
 
                            -6-      LRB093 02941 RCE 16207 a
 1             (1)  work  with the City on ways to improve the area
 2        physically and economically;
 3             (2)  work with the City  regarding  potential  means
 4        for   providing   increased   economic  opportunities  to
 5        minorities and women produced indirectly or directly from
 6        the   construction   and   operation   of   the    O'Hare
 7        Modernization Program;
 8             (3)  work  with  the  City to minimize any potential
 9        impact on the  area  surrounding  O'Hare,  including  any
10        impact  on minority or female owned businesses, resulting
11        from the construction and operation of O'Hare;
12             (4)  work with  the  City  to  find  candidates  for
13        building  trades  apprenticeships  and  to  identify  job
14        training programs; and
15             (5)  work  with the City to implement the provisions
16        of subsections (a) through (e) of  this  Section  in  the
17        construction  phase  of the O'Hare Modernization Program,
18        including the City's goal of awarding not less  than  25%
19        and  5%  of  the  annual  dollar  value  of  contracts to
20        minority  and  female  owned  businesses,  the   outreach
21        program  for minorities and women, and the mentor/protege
22        program for providing assistance to minority  and  female
23        owned businesses.".