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92_SB1128ham003
LRB9205529MMksam
1 AMENDMENT TO SENATE BILL 1128
2 AMENDMENT NO. . Amend Senate Bill 1128, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 5. The Metropolitan Pier and Exposition
6 Authority Act is amended by changing Section 23.1 as follows:
7 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
8 Sec. 23.1. Affirmative action.
9 (a) The Authority shall, within 90 days after the
10 effective date of this amendatory Act of 1984, establish and
11 maintain an affirmative action program designed to promote
12 equal employment opportunity and eliminate the effects of
13 past discrimination. Such program shall include a plan,
14 including timetables where appropriate, which shall specify
15 goals and methods for increasing participation by women and
16 minorities in employment by the Authority and by parties
17 which contract with the Authority. The Authority shall submit
18 a detailed plan with the General Assembly prior to September
19 1 of each year. Such program shall also establish procedures
20 and sanctions (including debarment), which the Authority
21 shall enforce to ensure compliance with the plan established
22 pursuant to this Section and with State and federal laws and
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1 regulations relating to the employment of women and
2 minorities. A determination by the Authority as to whether a
3 party to a contract with the Authority has achieved the goals
4 or employed the methods for increasing participation by women
5 and minorities shall be determined in accordance with the
6 terms of such contracts or the applicable provisions of rules
7 and regulations of the Authority existing at the time such
8 contract was executed, including any provisions for
9 consideration of good faith efforts at compliance which the
10 Authority may reasonably adopt.
11 (b) The Authority shall adopt and maintain minority and
12 female owned business enterprise procurement programs under
13 the affirmative action program described in subsection (a)
14 for any and all work undertaken by the Authority. That work
15 shall include, but is not limited to, the purchase of
16 professional services, construction services, supplies,
17 materials, and equipment. The programs shall establish goals
18 of awarding not less than 25% of the annual dollar value of
19 all contracts, purchase orders, or other agreements
20 (collectively referred to as "contracts") to minority owned
21 businesses and 5% of the annual dollar value of all contracts
22 to female owned businesses. Without limiting the generality
23 of the foregoing, the programs shall require in connection
24 with the prequalification or consideration of vendors for
25 professional service contracts, construction contracts, and
26 contracts for supplies, materials, equipment, and services
27 that each proposer or bidder submit as part of his or her
28 proposal or bid a commitment detailing how he or she will
29 expend 25% or more of the dollar value of his or her
30 contracts with one or more minority owned businesses and 5%
31 or more of the dollar value with one or more female owned
32 businesses. Bids or proposals that do not include such
33 detailed commitments are not responsive and shall be rejected
34 unless the Authority deems it appropriate to grant a waiver
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1 of these requirements. In addition the Authority may, in
2 connection with the selection of providers of professional
3 services, reserve the right to select a minority or female
4 owned business or businesses to fulfill the commitment to
5 minority and female business participation. The commitment
6 to minority and female business participation may be met by
7 the contractor or professional service provider's status as a
8 minority or female owned business, by joint venture or by
9 subcontracting a portion of the work with or purchasing
10 materials for the work from one or more such businesses, or
11 by any combination thereof. Each contract shall require the
12 contractor or provider to submit a certified monthly report
13 detailing the status of that contractor or provider's
14 compliance with the Authority's minority and female owned
15 business enterprise procurement program. The Authority,
16 after reviewing the monthly reports of the contractors and
17 providers, shall compile a comprehensive report regarding
18 compliance with this procurement program and file it
19 quarterly with the General Assembly. If, in connection with
20 a particular contract, the Authority determines that it is
21 impracticable or excessively costly to obtain minority or
22 female owned businesses to perform sufficient work to fulfill
23 the commitment required by this subsection, the Authority
24 shall reduce or waive the commitment in the contract, as may
25 be appropriate. The Authority shall establish rules and
26 regulations setting forth the standards to be used in
27 determining whether or not a reduction or waiver is
28 appropriate. The terms "minority owned business" and "female
29 owned business" have the meanings given to those terms in the
30 Business Enterprise for Minorities, Females, and Persons with
31 Disabilities Act.
32 (c) The Authority shall adopt and maintain an
33 affirmative action program in connection with the hiring of
34 minorities and women on the Expansion Project and on any and
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1 all construction projects undertaken by the Authority. The
2 program shall be designed to promote equal employment
3 opportunity and shall specify the goals and methods for
4 increasing the participation of minorities and women in a
5 representative mix of job classifications required to perform
6 the respective contracts awarded by the Authority.
7 (d) In connection with the Expansion Project, the
8 Authority shall incorporate the following elements into its
9 minority and female owned business procurement programs to
10 the extent feasible: (1) a major contractors program that
11 permits minority owned businesses and female owned businesses
12 to bear significant responsibility and risk for a portion of
13 the project; (2) a mentor/protege program that provides
14 financial, technical, managerial, equipment, and personnel
15 support to minority owned businesses and female owned
16 businesses; (3) an emerging firms program that includes
17 minority owned businesses and female owned businesses that
18 would not otherwise qualify for the project due to
19 inexperience or limited resources; (4) a small projects
20 program that includes participation by smaller minority owned
21 businesses and female owned businesses on jobs where the
22 total dollar value is $5,000,000 or less; and (5) a set-aside
23 program that will identify contracts requiring the
24 expenditure of funds less than $50,000 for bids to be
25 submitted solely by minority owned businesses and female
26 owned businesses.
27 (e) The Authority is authorized to enter into agreements
28 with contractors' associations, labor unions, and the
29 contractors working on the Expansion Project to establish an
30 Apprenticeship Preparedness Training Program to provide for
31 an increase in the number of minority and female journeymen
32 and apprentices in the building trades and to enter into
33 agreements with Community College District 508 to provide
34 readiness training. The Authority is further authorized to
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1 enter into contracts with public and private educational
2 institutions and persons in the hospitality industry to
3 provide training for employment in the hospitality industry.
4 (f) McCormick Place Advisory Board. There is created a
5 McCormick Place Advisory Board composed as follows: 3 2
6 members shall be appointed by the Mayor of Chicago; 3 2
7 members shall be appointed by the Governor; 3 2 members shall
8 be State Senators appointed by the President of the Senate; 3
9 2 members shall be State Senators appointed by the Minority
10 Leader of the Senate; 3 2 members shall be State
11 Representatives appointed by the Speaker of the House of
12 Representatives; and 3 2 members shall be State
13 Representatives appointed by the Minority Leader of the House
14 of Representatives. The terms of all previously appointed
15 members of the Advisory Board expire on the effective date of
16 this amendatory Act of the 92nd General Assembly. A State
17 Senator or State Representative member may appoint a designee
18 to serve on the McCormick Place Advisory Board in his or her
19 absence.
20 A "member of a minority group" shall mean a person who is
21 a citizen or lawful permanent resident of the United States
22 and who is
23 (1) Black (a person having origins in any of the
24 black racial groups in Africa);
25 (2) Hispanic (a person of Spanish or Portuguese
26 culture with origins in Mexico, South or Central America,
27 or the Caribbean Islands, regardless of race);
28 (3) Asian American (a person having origins in any
29 of the original peoples of the Far East, Southeast Asia,
30 the Indian Subcontinent, or the Pacific Islands); or
31 (4) American Indian or Alaskan Native (a person
32 having origins in any of the original peoples of North
33 America).
34 Members of the McCormick Place Advisory Board shall serve
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1 2-year terms and until their successors are appointed, except
2 members who serve as a result of their elected position whose
3 terms shall continue as long as they hold their designated
4 elected positions. Vacancies shall be filled by appointment
5 for the unexpired term in the same manner as original
6 appointments are made. The McCormick Place Advisory Board
7 shall elect its own chairperson.
8 Members of the McCormick Place Advisory Board shall serve
9 without compensation but, at the Authority's discretion,
10 shall be reimbursed for necessary expenses in connection with
11 the performance of their duties.
12 The McCormick Place Advisory Board shall meet quarterly,
13 or as needed, shall produce any reports it deems necessary,
14 and shall:
15 (1) Work with the Authority on ways to improve the
16 area physically and economically;
17 (2) Work with the Authority regarding potential
18 means for providing increased economic opportunities to
19 minorities and women produced indirectly or directly from
20 the construction and operation of the Expansion Project;
21 (3) Work with the Authority to minimize any
22 potential impact on the area surrounding the McCormick
23 Place Expansion Project, including any impact on minority
24 or female owned businesses, resulting from the
25 construction and operation of the Expansion Project;
26 (4) Work with the Authority to find candidates for
27 building trades apprenticeships, for employment in the
28 hospitality industry, and to identify job training
29 programs;
30 (5) Work with the Authority to implement the
31 provisions of subsections (a) through (e) of this Section
32 in the construction of the Expansion Project, including
33 the Authority's goal of awarding not less than 25% and 5%
34 of the annual dollar value of contracts to minority and
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1 female owned businesses, the outreach program for
2 minorities and women, and the mentor/protege program for
3 providing assistance to minority and female owned
4 businesses.
5 (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01;
6 92-208, eff. 8-2-01.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.".