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.
A. 
For the purpose of this Business Enterprise Plan, the following terms have the following definitions:
BUSINESS OWNED BY A PERSON WITH A DISABILITY or PDBE
A business concern that is at least 51% owned by one or more persons with a disability and the management and daily business operations of which are controlled by one or more of the persons with disabilities who own it. A not-for-profit agency for persons with disabilities that is exempt from taxation under Section 501 of the Internal Revenue Code of 1986 also is considered a "business owned by a person with a disability."
CITY CONTRACT
A City construction or professional services contract funded in whole or in part by grants or loans from the State of Illinois of $250,000 or more for capital construction costs or professional services. This definition applies only to the state-funded portion of the project.
CONTROL
The exclusive or ultimate and sole control of the business, including but not limited to capital investment and all other financial matters, property, acquisitions, contract negotiations, legal matters, officer-director-employee selection and comprehensive hiring, operating responsibilities, cost-control matters, income and dividend matters, financial transactions and rights of other shareholders or joint partners. Control shall be real, substantial, and continuing, not pro forma. Control shall include the power to direct or cause the direction of the management and policies of the business and to make the day-to-day as well as major decisions in matters of policy, management and operations. Control shall be exemplified by possessing the requisite knowledge and expertise to run the particular business, and control shall not include simple majority or absentee ownership.
MINORITY-OWNED BUSINESS or MBE
A business:
(1) 
That is at least 51% owned by one or more minority persons or, in the case of a corporation, at least 51% of the stock of which is owned by one or more minority persons; and
(2) 
The management and daily business operations of which business are controlled by one or more of the minority individuals who own it.
MINORITY PERSON
A person who is a citizen or lawful permanent resident of the United States and who is:
(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).
(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).
PERSON WITH A DISABILITY
(1) 
A person who is a citizen or lawful permanent resident of the United States and who is qualified as being disabled. "Disabled" means a severe physical or mental disability that:
(a) 
Results from amputation; arthritis; autism; blindness; burn injury; cancer; cerebral palsy; Crohn's disease; cystic fibrosis; deafness; head injury; heart disease; hemiplegia; hemophilia; respiratory or pulmonary dysfunction; mental retardation; mental illness; multiple sclerosis; muscular dystrophy; musculoskeletal disorders; neurological disorders, including stroke and epilepsy; paraplegia, quadriplegia, and other spinal cord conditions; sickle cell anemia; ulcerative colitis; specific learning disabilities; or end-stage renal failure disease; and
(b) 
Substantially limits one or more of the person's major life activities.
(2) 
Another disability or combination of disabilities also may be considered as a disability for the purposes of this definition if it is determined by an evaluation of rehabilitation potential to cause a comparable degree of substantial functional limitation similar to the specific list of disabilities listed in this definition.
WOMAN
A person who is a citizen or lawful permanent resident of the United States and is of the female gender.
WOMEN-OWNED BUSINESS OR WBE
A business concern:
(1) 
Which is at least 51% owned by one or more women or, in the case of a corporation, at least 51% of the stock of which is owned by one or more women; and
(2) 
The management and daily business operations of which business are controlled by one or more of the women who own it. See also Subsection B below.
B. 
Note: When a business is owned at least 51% by any combination of minority persons, females, or persons with disabilities, then the ownership requirements for purposes of this Business Enterprise Plan are considered to be met, even though none of the three classes alone holds an interest greater than 50%.
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.