Sen. Iris Y. Martinez

Filed: 4/12/2016

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2399

2    AMENDMENT NO. ______. Amend Senate Bill 2399 by replacing
3everything after the enacting clause with the following:
 
4    "Section 1. Short title. This Act may be cited as the
5Chicago Local Government Vendor Diversity Act.
 
6    Section 5. Definitions.
7    "Governmental participant" means a non-home rule unit of
8local government located in whole or in part within a
9municipality with more than 1,000,000 inhabitants, a school
10district located in whole or in part within a municipality with
11more than 1,000,000 inhabitants, a non-home rule political
12subdivision located in whole or in part within a municipality
13with more than 1,000,000 inhabitants, a public housing
14authority located in whole or in part within a municipality
15with more than 1,000,000 inhabitants, a public employee pension
16fund that has a principal place of business in a municipality

 

 

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1with more than 1,000,000 inhabitants, and a defined
2contribution plan serving public employees that has a principal
3place of business in a municipality with more than 1,000,000
4inhabitants; the term "governmental participant" specifically
5includes, but is not limited to, the Metropolitan Pier and
6Exposition Authority, the Metropolitan Water Reclamation
7District, the Chicago Park District, the Regional
8Transportation Authority and each of its service boards, and
9the Chicago Housing Authority.
10    "Minority person" means a person who is a citizen or lawful
11permanent resident of the United States and who is any of the
12following:
13        (1) American Indian or Alaska Native (a person having
14    origins in any of the original peoples of North and South
15    America, including Central America, and who maintains
16    tribal affiliation or community attachment).
17        (2) Asian (a person having origins in any of the
18    original peoples of the Far East, Southeast Asia, or the
19    Indian subcontinent, including, but not limited to,
20    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
21    the Philippine Islands, Thailand, and Vietnam).
22        (3) Black or African-American (a person having origins
23    in any of the black racial groups of Africa).
24        (4) Hispanic or Latino (a person of Cuban, Mexican,
25    Puerto Rican, South or Central American, or other Spanish
26    culture or origin, regardless of race).

 

 

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1        (5) Native Hawaiian or Other Pacific Islander (a person
2    having origins in any of the original peoples of Hawaii,
3    Guam, Samoa, or other Pacific Islands).
4    "Professional" means: (1) any employee engaged in work that
5(i) is predominantly intellectual and varied in character, (ii)
6involves the consistent exercise of discretion and judgment in
7its performance, (iii) is of such a character that the output
8produced or the result accomplished cannot be standardized in
9relation to a given period of time, and (iv) requires advanced
10knowledge in a field of science or learning customarily
11acquired by a prolonged course of specialized intellectual
12instruction and study in an institution of higher learning; or
13(2) any employee who has completed the courses of specialized
14intellectual instruction and study described in this paragraph
15and is performing related work under the supervision of a
16professional to qualify to become a professional.
17    "Vendor" means any law firm, financial advisor, municipal
18advisor, bank, trustee, verification agent, fund manager,
19asset manager, institutional investment manager, fund
20consultant or underwriter that provides any professional
21service to any governmental participant (as defined hereafter)
22in connection with debt obligation transactions, auditing,
23financial services, asset management services, or brokerage
24services.
25    "Woman" means a person who is a citizen or lawful permanent
26resident of the United States and who is of the female gender.
 

 

 

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1    Section 10. Reporting requirements.
2    (a) Each governmental participant who contracts with a
3vendor shall obtain from each such vendor (i) a front-end
4report of professionals as provided in subsection (b) and (ii)
5a supplemental report of professionals as provided in
6subsection (c).
7    (b) Each vendor shall accurately submit, at the time of
8executing the contract with the governmental participant, a
9front-end report containing the following information:
10        (1) the total number of professionals who are expected
11    to participate in the performance required under the
12    contract who are minority persons, women, or both; the
13    information under this paragraph shall be sorted by race,
14    ethnic background, and gender;
15        (2) the total number of professionals who are expected
16    to participate in the performance required under the
17    contract; and
18        (3) the position and job title of each professional who
19    is expected to participate in the performance required
20    under the contract; the information under this paragraph
21    shall be sorted by race, ethnic background, and gender.
22    (c) Within 30 days after the completion of performance
23under the contract, the vendor shall file with the governmental
24participant a supplemental report containing the following
25information:

 

 

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1        (1) the total amount of time the vendor worked, per the
2    terms of the contract;
3        (2) the race, ethnic background, and gender of each
4    professional who participated in the performance required
5    under the contract; and
6        (3) the amount of time spent by each such professional
7    working on the performance required under the contract.
8    (d) The reports required under this Section shall be
9submitted in the form and manner required by the governmental
10participant.
11    (e) A governmental participant may grant extensions of the
12time to file a report for good cause shown.
 
13    Section 15. Vendors; eligibility to do business. A
14governmental participant may provide that a vendor is
15ineligible to do business with that governmental participant if
16the vendor fails to file a report under Section 10 with any
17governmental participant.
 
18    Section 20. Quarterly report. Each governmental
19participant shall create a quarterly report summarizing all
20collected data, vendor forms, information, and reports,
21together with a list of vendors who failed to comply, and shall
22display that information prominently on its website if the
23governmental participant maintains a website. Each
24governmental participant must deliver a copy of the report to

 

 

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1the Finance Committee of the City Council of the City of
2Chicago.
 
3    Section 99. Effective date. This Act takes effect January
41, 2017.".