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70 ILCS 210/23.1
(70 ILCS 210/23.1)
(from Ch. 85, par. 1243.1)
(a) The Authority shall, within 90 days after the effective
date of this amendatory Act of 1984, establish and maintain an affirmative
action program designed to promote equal employment opportunity and
eliminate the effects of past discrimination. Such program shall include a
plan, including timetables where appropriate, which shall specify goals
and methods for increasing participation by women and minorities in
employment, including employment related to the planning, organization, and staging of the games, by the Authority and by parties which contract with the Authority.
The Authority shall submit a detailed plan with the General Assembly prior
to September 1 of each year. Such program shall also establish procedures and
sanctions, which the Authority shall enforce to
ensure compliance with the plan established pursuant to this Section and
with State and federal laws and regulations relating to the employment of
women and minorities. A determination by the Authority as to whether a
party to a contract with the Authority has achieved the goals or employed
the methods for increasing participation by women and minorities shall be
determined in accordance with the terms of such contracts or the applicable
provisions of rules and regulations of the Authority existing at the time
such contract was executed, including any provisions for consideration of
good faith efforts at compliance which the Authority may reasonably adopt.
(b) The Authority shall adopt and maintain minority-owned and women-owned
business enterprise procurement programs under the affirmative
action program described in subsection (a) for any and all work, including all contracting related to the planning, organization, and staging of the games, undertaken
by the Authority. That work shall include, but is not limited to, the
purchase of professional services, construction services, supplies,
materials, and equipment. The programs shall establish goals of awarding
not less than 25% of the annual dollar value of all contracts, purchase
orders, or other agreements (collectively referred to as "contracts") to minority-owned
businesses and 5% of the annual dollar value of all
contracts to women-owned businesses. Without limiting the generality of
the foregoing, the programs shall require in connection with the
prequalification or consideration of vendors for professional service
contracts, construction contracts, and contracts for supplies, materials,
equipment, and services that each proposer or bidder submit as part of his
or her proposal or bid a commitment detailing how he or she will expend 25%
or more of the dollar value of his or her contracts with one or more minority-owned
businesses and 5% or more of the dollar value with one or
more women-owned businesses. Bids or proposals that do not include such
detailed commitments are not responsive and shall be rejected unless the
Authority deems it appropriate to grant a waiver of these requirements. In
addition the Authority may, in connection with the selection of providers
of professional services, reserve the right to select a minority-owned or women-owned business or businesses to fulfill the commitment to minority and woman
business participation. The commitment to minority and woman
business participation may be met by the contractor or professional service
provider's status as a minority-owned or women-owned business, by joint venture
or by subcontracting a portion of the work with or purchasing materials for
the work from one or more such businesses, or by any combination thereof.
Each contract shall require the contractor or provider to submit a
certified monthly report detailing the status of that contractor or
provider's compliance with the Authority's minority-owned and women-owned
business enterprise procurement program. The Authority, after reviewing
the monthly reports of the contractors and providers, shall
compile a comprehensive report regarding compliance with this procurement
program and file it quarterly with the General Assembly. If, in connection
with a particular contract, the Authority determines that it is
impracticable or excessively costly to obtain minority-owned or women-owned
businesses to perform sufficient work to fulfill the commitment required by
this subsection, the Authority shall reduce or waive the commitment in the
contract, as may be appropriate. The Authority shall establish rules and
regulations setting forth the standards to be used in determining whether
or not a reduction or waiver is appropriate. The terms "minority-owned
business" and "women-owned business" have the meanings given to those
terms in the Business Enterprise for Minorities, Women, and Persons with Disabilities Act.
(c) The Authority shall adopt and maintain an affirmative
action program in connection with the hiring
of minorities and women on the Expansion Project and on any and all
construction projects, including all contracting related to the planning, organization, and staging of the games, undertaken by the Authority. The program shall be
designed to promote equal employment opportunity and shall specify the
goals and methods for increasing the participation of minorities and women
in a representative mix of job classifications required to perform the
respective contracts awarded by the Authority.
(d) In connection with the Expansion Project, the Authority shall
incorporate the following elements into its minority-owned and women-owned
business procurement programs to the extent feasible: (1) a major
contractors program that permits minority-owned businesses and women-owned
businesses to bear significant responsibility and risk for a portion of the
project; (2) a mentor/protege program that provides financial, technical,
managerial, equipment, and personnel support to minority-owned businesses
and women-owned businesses; (3) an emerging firms program that includes minority-owned
businesses and women-owned businesses that would not
otherwise qualify for the project due to inexperience or limited resources;
(4) a small projects program that includes participation by smaller minority-owned
businesses and women-owned businesses on jobs where the
total dollar value is $5,000,000 or less; and (5) a set-aside program that
will identify contracts requiring the expenditure of funds less than
$50,000 for bids to be submitted solely by minority-owned businesses and women-owned
(e) The Authority is authorized to enter into agreements with
contractors' associations, labor unions, and the contractors working on the
Expansion Project to establish an Apprenticeship Preparedness Training
Program to provide for an increase in the number of minority and women
journeymen and apprentices in the building trades and to enter into
agreements with Community College District 508 to provide readiness training.
The Authority is further authorized to enter into contracts with public and
private educational institutions and persons in the hospitality industry to
provide training for employment in the hospitality industry.
(f) McCormick Place Advisory Board. There is created a McCormick Place
Advisory Board composed as follows:
2 members shall be appointed by the Mayor of Chicago;
2 members shall be appointed by the Governor;
2 members shall be State Senators appointed by the President of the Senate;
2 members shall be State Senators appointed by the Minority Leader of the
2 members shall be State Representatives appointed by the Speaker of the House
of Representatives; and
2 members shall be State Representatives appointed by the Minority Leader of
the House of Representatives.
The terms of all previously appointed members of the Advisory Board expire on
the effective date of this amendatory Act of the 92nd General Assembly. A
State Senator or State Representative member may appoint a designee to serve
on the McCormick Place Advisory Board in his or her absence.
A "member of a minority group" shall mean a person who is a citizen or
lawful permanent resident of the United States and who is any of the following:
(1) American Indian or Alaska Native (a person having
origins in any of the original peoples of North and South America, including Central America, and who maintains tribal affiliation or community attachment).
(2) Asian (a person having origins in any of the
original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, but not limited to, Cambodia, China, India, Japan, Korea, Malaysia, Pakistan, the Philippine Islands, Thailand, and Vietnam).
(3) Black or African American (a person having
origins in any of the black racial groups of Africa). Terms such as "Haitian" or "Negro" can be used in addition to "Black or African American".
(4) Hispanic or Latino (a person of Cuban, Mexican,
Puerto Rican, South or Central American, or other Spanish culture or origin, regardless of race).
(5) Native Hawaiian or Other Pacific Islander (a
person having origins in any of the original peoples of Hawaii, Guam, Samoa, or other Pacific Islands).
Members of the McCormick Place Advisory Board shall serve 2-year terms
and until their successors are appointed, except members who serve as a
result of their elected position whose terms shall continue as long as
they hold their designated elected positions. Vacancies shall be filled by
appointment for the unexpired term in the same manner as original
appointments are made. The McCormick Place Advisory Board shall elect
its own chairperson.
Members of the McCormick Place Advisory Board shall serve without
compensation but, at the Authority's discretion, shall be reimbursed for
necessary expenses in connection with the performance of their duties.
The McCormick Place Advisory Board shall meet quarterly, or as needed,
shall produce any reports it deems necessary, and shall:
(1) Work with the Authority on ways to improve the
area physically and economically;
(2) Work with the Authority regarding potential means
for providing increased economic opportunities to minorities and women produced indirectly or directly from the construction and operation of the Expansion Project;
(3) Work with the Authority to minimize any potential
impact on the area surrounding the McCormick Place Expansion Project, including any impact on minority-owned or women-owned businesses, resulting from the construction and operation of the Expansion Project;
(4) Work with the Authority to find candidates for
building trades apprenticeships, for employment in the hospitality industry, and to identify job training programs;
(5) Work with the Authority to implement the
provisions of subsections (a) through (e) of this Section in the construction of the Expansion Project, including the Authority's goal of awarding not less than 25% and 5% of the annual dollar value of contracts to minority-owned and women-owned businesses, the outreach program for minorities and women, and the mentor/protege program for providing assistance to minority-owned and women-owned businesses.
(g) The Authority shall comply with subsection (e) of Section 5-42 of the Olympic Games and Paralympic Games (2016) Law. For purposes of this Section, the term "games" has the meaning set forth in the Olympic Games and Paralympic Games (2016) Law.
(Source: P.A. 100-391, eff. 8-25-17.)