093_HB0847eng HB0847 Engrossed LRB093 05627 WGH 05720 b 1 AN ACT in relation to local governments. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Metropolitan Pier and Exposition 5 Authority Act is amended by changing Section 23.1 as follows: 6 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1) 7 Sec. 23.1. Affirmative action. 8 (a) The Authority shall, within 90 days after the 9 effective date of this amendatory Act of 1984, establish and 10 maintain an affirmative action program designed to promote 11 equal employment opportunity and eliminate the effects of 12 past discrimination. Such program shall include a plan, 13 including timetables where appropriate, which shall specify 14 goals and methods for increasing participation by women and 15 minorities in employment by the Authority and by parties 16 which contract with the Authority. The Authority shall submit 17 a detailed plan with the General Assembly prior to September 18 1 of each year. Such program shall also establish procedures 19 and sanctions (including debarment), which the Authority 20 shall enforce to ensure compliance with the plan established 21 pursuant to this Section and with State and federal laws and 22 regulations relating to the employment of women and 23 minorities. A determination by the Authority as to whether a 24 party to a contract with the Authority has achieved the goals 25 or employed the methods for increasing participation by women 26 and minorities shall be determined in accordance with the 27 terms of such contracts or the applicable provisions of rules 28 and regulations of the Authority existing at the time such 29 contract was executed, including any provisions for 30 consideration of good faith efforts at compliance which the 31 Authority may reasonably adopt. HB0847 Engrossed -2- LRB093 05627 WGH 05720 b 1 (b) The Authority shall adopt and maintain minority and 2 female owned business enterprise procurement programs under 3 the affirmative action program described in subsection (a) 4 for any and all work undertaken by the Authority. That work 5 shall include, but is not limited to, the purchase of 6 professional services, construction services, supplies, 7 materials, and equipment. The programs shall establish goals 8 of awarding not less than 25% of the annual dollar value of 9 all contracts, purchase orders, or other agreements 10 (collectively referred to as "contracts") to minority owned 11 businesses and 5% of the annual dollar value of all contracts 12 to female owned businesses. Without limiting the generality 13 of the foregoing, the programs shall require in connection 14 with the prequalification or consideration of vendors for 15 professional service contracts, construction contracts, and 16 contracts for supplies, materials, equipment, and services 17 that each proposer or bidder submit as part of his or her 18 proposal or bid a commitment detailing how he or she will 19 expend 25% or more of the dollar value of his or her 20 contracts with one or more minority owned businesses and 5% 21 or more of the dollar value with one or more female owned 22 businesses. Bids or proposals that do not include such 23 detailed commitments are not responsive and shall be rejected 24 unless the Authority deems it appropriate to grant a waiver 25 of these requirements. In addition the Authority may, in 26 connection with the selection of providers of professional 27 services, reserve the right to select a minority or female 28 owned business or businesses to fulfill the commitment to 29 minority and female business participation. The commitment 30 to minority and female business participation may be met by 31 the contractor or professional service provider's status as a 32 minority or female owned business, by joint venture or by 33 subcontracting a portion of the work with or purchasing 34 materials for the work from one or more such businesses, or HB0847 Engrossed -3- LRB093 05627 WGH 05720 b 1 by any combination thereof. Each contract shall require the 2 contractor or provider to submit a certified monthly report 3 detailing the status of that contractor or provider's 4 compliance with the Authority's minority and female owned 5 business enterprise procurement program. The Authority, 6 after reviewing the monthly reports of the contractors and 7 providers, shall compile a comprehensive report regarding 8 compliance with this procurement program and file it 9 quarterly with the General Assembly. If, in connection with 10 a particular contract, the Authority determines that it is 11 impracticable or excessively costly to obtain minority or 12 female owned businesses to perform sufficient work to fulfill 13 the commitment required by this subsection, the Authority 14 shall reduce or waive the commitment in the contract, as may 15 be appropriate. The Authority shall establish rules and 16 regulations setting forth the standards to be used in 17 determining whether or not a reduction or waiver is 18 appropriate. The terms "minority owned business" and "female 19 owned business" have the meanings given to those terms in the 20 Business Enterprise for Minorities, Females, and Persons with 21 Disabilities Act. 22 (c) The Authority shall adopt and maintain an 23 affirmative action program in connection with the hiring of 24 minorities and women on the Expansion Project and on any and 25 all construction projects undertaken by the Authority. The 26 program shall be designed to promote equal employment 27 opportunity and shall specify the goals and methods for 28 increasing the participation of minorities and women in a 29 representative mix of job classifications required to perform 30 the respective contracts awarded by the Authority. 31 (d) In connection with the Expansion Project, the 32 Authority shall incorporate the following elements into its 33 minority and female owned business procurement programs to 34 the extent feasible: (1) a major contractors program that HB0847 Engrossed -4- LRB093 05627 WGH 05720 b 1 permits minority owned businesses and female owned businesses 2 to bear significant responsibility and risk for a portion of 3 the project; (2) a mentor/protege program that provides 4 financial, technical, managerial, equipment, and personnel 5 support to minority owned businesses and female owned 6 businesses; (3) an emerging firms program that includes 7 minority owned businesses and female owned businesses that 8 would not otherwise qualify for the project due to 9 inexperience or limited resources; (4) a small projects 10 program that includes participation by smaller minority owned 11 businesses and female owned businesses on jobs where the 12 total dollar value is $5,000,000 or less; and (5) a set-aside 13 program that will identify contracts requiring the 14 expenditure of funds less than $50,000 for bids to be 15 submitted solely by minority owned businesses and female 16 owned businesses. 17 (e) The Authority is authorized to enter into agreements 18 with contractors' associations, labor unions, and the 19 contractors working on the Expansion Project to establish an 20 Apprenticeship Preparedness Training Program to provide for 21 an increase in the number of minority and female journeymen 22 and apprentices in the building trades and to enter into 23 agreements with Community College District 508 to provide 24 readiness training. The Authority is further authorized to 25 enter into contracts with public and private educational 26 institutions and persons in the hospitality industry to 27 provide training for employment in the hospitality industry. 28 (f) McCormick Place Advisory Board. There is created a 29 McCormick Place Advisory Board composed as follows: 2 members 30 shall be appointed by the Mayor of Chicago; 2 members shall 31 be appointed by the Governor; 42members shall be State 32 Senators appointed by the President of the Senate; 4233 members shall be State Senators appointed by the Minority 34 Leader of the Senate; 42members shall be State HB0847 Engrossed -5- LRB093 05627 WGH 05720 b 1 Representatives appointed by the Speaker of the House of 2 Representatives; and 42members shall be State 3 Representatives appointed by the Minority Leader of the House 4 of Representatives.The terms of all previously appointed5members of the Advisory Board expire on the effective date of6this amendatory Act of the 92nd General Assembly.A State 7 Senator or State Representative member may appoint a designee 8 to serve on the McCormick Place Advisory Board in his or her 9 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 Members of the McCormick Place Advisory Board shall serve 25 2-year terms and until their successors are appointed, except 26 members who serve as a result of their elected position whose 27 terms shall continue as long as they hold their designated 28 elected positions. Vacancies shall be filled by appointment 29 for the unexpired term in the same manner as original 30 appointments are made. The McCormick Place Advisory Board 31 shall elect its own chairperson. 32 Members of the McCormick Place Advisory Board shall serve 33 without compensation but, at the Authority's discretion, 34 shall be reimbursed for necessary expenses in connection with HB0847 Engrossed -6- LRB093 05627 WGH 05720 b 1 the performance of their duties. 2 The McCormick Place Advisory Board shall meet quarterly, 3 or as needed, shall produce any reports it deems necessary, 4 and shall: 5 (1) Work with the Authority on ways to improve the 6 area physically and economically; 7 (2) Work with the Authority regarding potential 8 means for providing increased economic opportunities to 9 minorities and women produced indirectly or directly from 10 the construction and operation of the Expansion Project; 11 (3) Work with the Authority to minimize any 12 potential impact on the area surrounding the McCormick 13 Place Expansion Project, including any impact on minority 14 or female owned businesses, resulting from the 15 construction and operation of the Expansion Project; 16 (4) Work with the Authority to find candidates for 17 building trades apprenticeships, for employment in the 18 hospitality industry, and to identify job training 19 programs; 20 (5) Work with the Authority to implement the 21 provisions of subsections (a) through (e) of this Section 22 in the construction of the Expansion Project, including 23 the Authority's goal of awarding not less than 25% and 5% 24 of the annual dollar value of contracts to minority and 25 female owned businesses, the outreach program for 26 minorities and women, and the mentor/protege program for 27 providing assistance to minority and female owned 28 businesses. 29 (Source: P.A. 91-422, eff. 1-1-00; 92-16, eff. 6-28-01; 30 92-208, eff. 8-2-01.)