093_HB0847ham001

 










                                     LRB093 05627 BDD 11060 a

 1                     AMENDMENT TO HOUSE BILL 847

 2        AMENDMENT NO.     .  Amend House Bill  847  by  replacing
 3    everything after the enacting clause with the following:

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