It is the policy of the City to promote and encourage the continuing
economic development of businesses owned by minority persons ("MBE"),
women ("WBE"), and persons with disabilities ("PDBE"), and that these
businesses participate in the City's process of procuring bids,
proposals, and services.
The City's goal is that not less than 10% of the total
dollar amount of City contracts, as defined in this Business Enterprise
Plan, awarded in a fiscal year be awarded to MBEs, WBEs, and PDBEs
and that contracts representing 50% of the total dollar amount of
City contracts that are awarded to MBEs and WBEs be awarded to WBEs.
The City Manager, or the City Manager's designee, is charged
with overall responsibility for the administration of this Business
Enterprise Plan. The City Manager, or the City Manager's designee,
shall establish procedures for the purpose of monitoring the City's
overall performance with respect to this plan.
A. The duties and responsibilities of the City Manager, or the City
Manager's designee, include:
(1) Adopting rules and regulations as necessary to effectuate this plan;
(2) Developing and distributing a directory of known MBEs, WBEs, and
PDBEs;
(3) Providing information and assistance, when requested, to MBEs, WBEs,
and PDBEs to increase their ability to compete effectively for the
award of City contracts as defined in this plan;
(4) Investigating alleged violations of this plan and making written
recommendations for remedial action when appropriate;
(5) Developing and distributing all necessary forms, applications, and
documents necessary to comply with this plan;
(6) Reviewing, on a regular basis, the City's progress toward achieving
the goals for the utilization of MBEs, WBEs, and PDBEs and reporting
annually on such progress to the City Council;
(7) Making recommendations to appropriate City officials regarding methods
to further the policies and goals of this plan;
(8) Monitoring contractors throughout the duration of a City contract,
as defined in this plan, to ensure that all efforts are made to comply
with the requirements of this plan; and
(9) Certifying that the requirements of this plan have been satisfied
before a City contract, as defined in this plan, is signed.
B. The City Manager, or the City Manager's designee, shall take
the following actions to ensure that MBEs, WBEs, and PDBEs have maximum
opportunity to participate on City contracts, as defined in this plan,
for which bids or proposals are solicited:
(1) Send a written notification to minority and women's trade and
professional associations and contractors' associations about
the availability of contracting opportunities on an annual basis;
(2) Include a copy of this plan in all City contract solicitations to
which this plan applies;
(3) Evaluate all contracting opportunities in an effort to divide the
total requirements of a City contract to provide reasonable opportunities
for MBEs, WBEs, and PDBEs; and
(4) Establish guidelines to ensure that a notice to proceed or purchase
order is not issued for a City contract until signed letters of intent
or executed agreements with MBEs, WBEs, and PDBEs proposed by contractors
have been submitted.
It shall be the responsibility of each bidder and proposer on
a City contract, as defined in this Business Enterprise Plan, to adhere
to the procedures and provisions set forth in this plan. To that end,
the following provisions apply:
A. Each bidder and proposer must complete an MBE, WBE, and PDBE utilization
form and identify therein its commitment, if any, to utilize such
businesses. Any failure to complete and sign the utilization form
may result in the bid or proposal being declared nonresponsive. In
its response to an invitation to bid or request for proposal, the
bidder or proposer shall include the names of MBEs, WBEs, and PDBEs
to which it intends to award subcontracts, if any, the dollar value
of the subcontracts, and the scope of work to be performed;
B. Each bidder and proposer must ensure that all MBEs, WBEs, and PDBEs
projected for use have been certified by the City prior to bid opening;
C. The successful bidder must submit copies of executed agreements with
the MBEs, WBEs, and PDBEs being utilized; and
D. The successful bidder must submit reports and documentation verifying
payments to the MBEs, WBEs, and PDBEs being utilized.
Contractors and subcontractors under a City contract, as defined
in this Business Enterprise Plan, shall consider and follow, where
appropriate, the following guidelines, which are not all-inclusive,
in making their good faith efforts to meet the goals of this plan:
A. Attend pre-bid meetings scheduled by the City to inform MBEs, WBEs,
and PDBEs of contracting and subcontracting opportunities;
B. Formally advertise in general circulation, trade association, and
MBE-, WBE-, and PDBE-oriented media regarding subcontracting opportunities;
C. Provide written notice to selected MBEs, WBEs, and PDBEs soliciting
their bids. Those solicitations should allow sufficient time for the
businesses to review the plans and specifications and develop bids;
D. Follow up the initial solicitation of interest by contacting those
MBEs, WBEs, and PDBEs to determine whether they will submit a bid;
E. Package portions of the work to be performed in such a manner as
to encourage and increase the likelihood of participation from MBEs,
WBEs, and PDBEs;
F. Provide interested MBEs, WBEs, and PDBEs with adequate information
regarding the plans, specifications, and requirements for bidding
on a City contract;
G. Negotiate in good faith with MBEs, WBEs, and PDBEs and never disqualify
an MBE, WBE, or PDBE without sound reasons based on a thorough investigation
of its capabilities;
H. Assist interested MBEs, WBEs, and PDBEs in obtaining bonding, lines
of credit, and insurance, if required;
I. Effectively utilize the services of local, state, and federal minority,
women's, and persons with disabilities business and assistance
offices and other organizations that provide assistance in the recruitment
and placement of such businesses; and
J. Document all good faith efforts actions taken.
All contractors and subcontractors working on City contracts
shall comply with the provisions of Section 2-105 of the Illinois
Human Rights Act, 775 ILCS 5/2-105, regarding equal employment opportunities.