Supplies, materials and equipment
in common use by more than one department or used in large quantities
by one department may be purchased for stores or contracted for by
the City Manager on the basis of the total advance requisitions or
estimates previously filed by the departments covering their requirements
for a future period, to be delivered as needed and paid for out of
an account provided for that purpose, which account shall be reimbursed
whenever goods are issued from stores by transfer from the appropriation
of the department receiving the same.
A.
The City Manager is hereby authorized to
procure, at his discretion, on the open market, commodities, supplies
and services, and construction, repair and maintenance projects, costing
not more than $50,000 per individual purchase, contract and/or procurement.
This provision shall apply only to the extent the amount of the procurement
is covered within the City's existing appropriation ordinance.
B.
The City Manager's determination with respect
to contracts, purchases or open market orders involving the expenditure
of more than $50,000 per individual purchase, contract and/or procurement
shall be approved by the Council before taking effect.
C.
The approval of contracts, purchases and open market orders, whether within the authority of the City Manager or the Council shall remain subject to the applicable competitive procurement requirements of § 16-403.
D.
The City Manager shall establish regulations, as set forth in Chapter 2, § 2-202, setting forth more detailed requirements and procedures for the procurement of commodities, supplies and services, and construction, repair and maintenance projects as well as when contracts shall be used for procurement and when purchase orders shall be used.
E.
The City Manager may authorize payments
of expenditures approved in the City's budget and appropriation ordinance
that are routine in nature and otherwise required by an existing contract
or intergovernmental agreement, as well as utility payments, health
insurance payments and other contributions approved within the budget
and appropriation ordinance. Any such expenditure shall be reported
on the City's Bills and Payroll report.
F.
Nothing herein shall limit the ability
of the City Manager to hire employees, enter into and sign employment
contracts, and to sign contracts with employment agencies.
G.
The City Manager shall have the authority
to execute a change order to any contract if either (1) the amount
of the change order is under $5,000; or (2) the change order does
not raise the total cost of the procurement more than $50,000. For
all other change orders, the City Council shall approved the change
order or may give authority to the City Manager in the motion to approve
the contract authority to execute change orders.
H.
All formal conrtacts shall be approved
as to form by the Corporation Counsel.
[Ord. No. 2015-06]
A.
Requirements. Except as provided in § 16-403C all contracts, purchases or open market orders in the amount of $25,000 and above made by the City shall be awarded to the vendor whose bid, quote or offer, after due notice is given as provided in Subsection B below, is determined by the City Manager (for procurements between $25,000 and $50,000) or the Council (for procurements in excess of $50,000) to serve best the interest of the City, taking into consideration the quality of the construction, repair, maintenance, services, goods, supplies, materials, and equipment supplied, their conformity with the specifications, the price, delivery terms and the service reputation of the vendor, and such other criteria as may be specified in the documents seeking the bid, quote or offer. The City reserved in all cases the right to reject all bids, quotes and/or offers. This process shall be known as "competitive procurement." For the procurement of construction, repair, or maintenance, equipment, supplies, materials, goods or services estimated to be under $25,000, the City Manager shall establish purchasing and/or bid procedures by regulation.
[Ord. No. 2015-06]
B.
Notices. All notices to bidders or responders
for procurement of construction, repair, or maintenance, equipment,
supplies, materials, goods or services estimated to be $25,000 or
more shall be published no less than 10 days in advance of the date
announced for the receiving of bids or responses, in a daily newspaper
of general circulation in the City, and shall simultaneously be available
at the City Clerk's office in the City Hall. The newspaper notice
required shall include a general description of the articles to be
purchased, shall state where the competitive procurement documents
may be secured and the time and place for opening bids or responses.
In addition, sealed bids or responses shall be solicited by mailing
notices to prospective suppliers.
[Ord. No. 2015-06]
C.
Waiver of competitive procurement requirements.
The competitive procurement requirements set forth in this article
may be waived in the following circumstances by either the City Manager
or City Council, as applicable:
(1)
Resolution waiving. The City Council by
Resolution adopted by a majority vote of the Councilmen elected, including
the Mayor, may direct the City Manager to enter into contracts or
to make purchases in excess of $25,000 by waiving the competitive
procurement process. A resolution waiving the competitive procurement
requirements may be approved when the City Council determines the
bid waiver to be in the best interests of the City and the waiver
is for contracts for construction, repair and maintenance, services,
goods, supplies, materials and equipment and is authorized by two-thirds
of the Councilmen elected; or
(2)
Joint purchases. In cases where the construction,
repair, or maintenance, equipment, supplies, materials, goods or services
for amounts in excess of $25,000 have already been approved through
a state competitive bidding process or are being purchased through
a joint purchase agreement with one or more other governmental units,
the City Council or City Manager may approve the purchase without
the adoption of a Resolution waiving the competitive procurement process.
Nothing shall prevent the City from seeking quotes and bids, and making
purchases, from supplies or vendors who can provide lower prices than
those available through joint purchasing programs for equivalent or
better items. The City Manager is further authorized to enter into
joint purchasing agreements without prior approval of the City Council
and to exercise his or her spending authority without competitive
procurement if the purchase is through a joint purchasing program.
(3)
Sole source procurement. Contracts for
construction, repair and maintenance, services, goods, supplies, materials
and equipment that are produced or provided by only one supplier or
vendor may be awarded without engaging in the competitive procurement
processes required by this Code and without adoption of a resolution
by either the City Council or City Manager, as applicable. For this
exception to apply, the following steps must be followed:
(a)
The City Manager, or his designee,
shall perform due diligence to determine whether there is more than
one possible vendor and shall document said efforts;
(b)
The vendor shall provide a letter
indicating its sole source status; and
(c)
If the City Manager, or his designee,
determines that there is only one supplier or vendor if the construction,
repair and maintenance, services, goods, supplies, materials and equipment
the City requires, the City Manager, or his designee, is authorized
to negotiate and to recommend to the City Council for contracts and
purchases in excess of $50,000, as applicable, a contract with such
supplier or vendor to purchase the construction, repair and maintenance,
services, goods, supplies, materials and equipment, at prices or on
terms most advantageous to the City. In such a case, the City Manager,
or his designee, shall make a written determination that such supplier
or vendor is the sole source for such construction, repair and maintenance,
services, goods, supplies, materials and equipment. For contracts
or purchases between $25,000 and $50,000, the City Manager may proceed
with the purchase without Council approval if all of the steps outlined
herein are met.
(4)
Limited source procurement. Contracts for
construction, repair and maintenance, services, goods, supplies, materials
and equipment that are produced or provided by a specialized supplier
or vendor, or where due to compatibility issues with existing equipment
a limited source procurement is necessary, may be awarded without
engaging in the competitive procurement processes required by this
Code and without the adoption of a resolution. For this exception
to apply, the following steps must be followed:
(a)
If the City Manager, or his designee,
determines that a specialized supplier or vendor is needed or has
been used in the past on a specific project for construction, repair
and maintenance, services, goods, supplies, materials and equipment
within the special parameters required by the City or pursuant to
an overall plan for procurement to achieve improved public service
or long term operational efficiencies for the City, the City Manager,
or his designee, is authorized to negotiate and to recommend to the
Council a contract with such supplier or vendor to purchase the construction,
repair and maintenance, services, goods, supplies, materials and equipment,
at prices or on terms most advantageous to the City. For contracts
or purchases between $25,000 and $50,000, the City Manager may proceed
with the purchase without Council approval if all of the steps outlined
herein are met.
(b)
In the case of a Limited Source Procurement,
the City Manager, or his designee, shall make a written determination
of the basis for the special City parameters or overall plan for procurement
to achieve improved public service or long term operational efficiencies
for the City and that such supplier or vendor is the single source
for such construction, repair and maintenance, services, goods, supplies,
materials and equipment.
(5)
Professional Services, Contracts, agreements
or memberships in or with trade or professional organizations, lobbying
groups, governmental services memberships, and professional services
for legal and employment related services shall be exempt from the
competitive procurement requirements as shall all employee contracts
and hires and agreements with any collection agencies.
Any vendor who fails to live up to
the terms of his contract for the delivery of materials, supplies,
or equipment may be declared an irresponsible vendor by the City Manager
for a period of one year thereafter and shall not be awarded any further
orders for furnishing such supplies, materials or equipment to any
department of the City, unless the Council shall by three-fourths
vote remove such disqualification.
[Ord. No. 2015-06]
In the case of accident or other
circumstances creating an emergency where necessary to protect life,
the public health and safety, and public property, or in the case
of the occurrence of any breakage or loss of equipment, or in other
circumstances which could not reasonably be anticipated, whereby any
necessary regular service of the City is, or is about to be, interrupted
or whereby the City will suffer any great or continuing loss, the
City Manager, upon the request of the department head, may negotiate
an emergency purchase to address any such circumstance, without engaging
in the competitive procurement process and in such amount as may be
necessary in the circumstances. In the case of such emergency purchases
involving amounts in excess of $50,000, the City Manager shall, at
the next meeting of the Council thereafter, render a full report on
the case.
The Director of Finance shall keep
an accurate record of all supplies and commodities on hand in store
rooms operated by him or by departments subject to control of the
City Manager. At the end of the fiscal year, each department head
shall supply the Director of Finance with an inventory of all such
materials then on hand in any such store room under his direction.
After consultation with the standardization
committee, the City Manager shall adopt, promulgate and from time
to time amend rules and regulations not inconsistent with law for
the following purposes:
A.
To prescribe the manner in which supplies,
materials and equipment shall be delivered, stored and distributed.
B.
To prescribe the dates for submitting advance
requisitions or estimates of future purchase requirements, the future
period which they shall cover, the form in which they shall be submitted,
and their revision by the City Manager.
C.
To prescribe the manner of inspecting all
deliveries of supplies, materials and equipment.
D.
To require monthly reports by City departments
of stock of supplies, materials and equipment.
E.
To provide for the transfer between departments
of surplus supplies, materials and equipment.
F.
To prescribe the amount of deposit or bond
to be submitted with a bid on a contract and the amount of deposit
or bond to be given for the faithful performance of a contract.
G.
To provide for emergency purchases in the
open market for immediate delivery in emergencies, to define such
emergencies, and to prescribe the manner in which purchases shall
be made.
H.
To provide for such other matters as may
be necessary to give effect to the foregoing rules and provisions
of this article.
Whenever any official or employee
of the City government shall purchase or contract for any supplies,
materials, equipment or contractual services contrary to the provisions
of this article or the rules and regulations made thereunder, such
order or contract shall be void and of no effect.
None of the provisions of this article
shall apply to the Board of Library Trustees nor to the Board of Election
Commissioners unless so requested by the Board concerned.
A.
Purpose. This section establishes procedures
for the disposition of property, other than real estate, which is
"surplus" to the needs of the City. "Surplus" is defined for purposes
of this section to mean any tangible, personal property owned by the
City that is not needed at present or in the foreseeable future or
that is no longer of value or use to the City. An item of property
shall be considered to have no further usefulness when:
(1)
The item or its function has been totally
replaced by other City property and no probable future function exists
for it;
(2)
The City no longer performs the service
for which the item was purchased and no other service can reasonably
be provided by the item; or
(3)
The item is no longer able to reliably
or economically perform the work required of it.
B.
Responsibility for administration. The
City's purchasing agent or such other officer as designated by the
City Manager, is responsible for the administration of this section.
The purchasing agent shall coordinate the disposition of surplus property,
and shall aid the City Manager or City Council in determining the
best method of disposal. The purchasing agent shall maintain a record
of the property, surplus determination, disposal method selected,
and the manner of disposal, including the name of the person to whom
the surplus property was transferred.
C.
Report to purchasing agent. All departments
of the City shall cooperate with the purchasing agent to ensure the
most efficient and beneficial disposition of surplus property. A City
department responsible for property which it wishes to declare surplus
shall provide the purchasing agent with a detailed description of
the property, its location and condition, and its estimated value.
D.
Determination of value. A department wishing
to dispose of a single item of surplus property, or a group of items,
shall make and estimate the reasonable market value in "as is, where
is" condition. The purchasing agent shall verify the accuracy of this
estimate. If the responsible department for the surplus property cannot
make an estimate of the reasonable market value after use of pricing
guides such as the National Automobile Dealers Association used car
guide, the Computer Blue Book, the Heavy-Equipment Green Book, or
any other pricing guide, the purchasing agent shall contact peers
in other municipalities for cost comparisons.
E.
Condition of surplus property upon sale.
Surplus property sold by the City is sold in "as is, where is" condition,
without warranty, either express or implied, payment on delivery or
otherwise instructed for Internet sales, FOB (Free on Board) the City
property location. Personal computers are disposed of without installed
operating systems or applications software, due to software license
restrictions.
F.
Procedure. Property worth $1,000 or less.
If the property is not needed by the City and the estimated value
is $1,000 or less, the purchasing agent may dispose of the property
in any manner deemed to be in the City's best interests, after consultation
with and approval by the City Manager, without the requirement of
City Council action.
G.
Procedure. Property of a value greater
than $1,000 and Less than $20,000.
(1)
If the surplus property has an estimated
value between $1,000.01 and $19,999.99, the purchasing agent may dispose
of the surplus property in one of the specifically approved methods
listed in this section without submitting a report to City Council:
(2)
Alternatively, the purchasing agent may
request the City Council's authorization to dispose of the surplus
property in another manner.
(3)
If the purchasing agent cannot dispose
of the property in one of the methods specified in this section, the
purchasing agent shall notify City Council and recommend further action.
City Council will then direct the disposition of the surplus property.
H.
Procedure. Property of a Value of More
than $20,000. Disposition of surplus property of a value of $20,000
or more must be approved by a majority of the City Council prior to
disposal.
I.
Permissible methods of disposition of surplus
property include, but are not limited to:
(1)
Public auction. Disposal of surplus property
may be by public auction provided the purchasing agent publish an
advertisement for public auction at least once in the official newspaper
of the City not less than 10 days prior to the auction, or for an
auction conducted electronically on the world-wide web, within three
days of the date the personal property is delivered to the entity
conducting the auction. The advertisement shall also be posted on
the City's website not less than 10 days prior to the public auction.
The published notice shall specify the time, place and terms upon
which the personal property shall be offered and a general description
of the personal property to be sold. For auctions conducted electronically
on the world-wide web, the published notice shall include a general
description of the personal property to be auctioned and the world-wide
web address of the auction location.
(2)
Solicitation of written bids. Disposal
of surplus property may be by solicitation of written bids provided
the purchasing agent publish an advertisement for solicitation of
written bids at least once in the official newspaper of the City not
less than 10 days prior to the deadline for solicitation of written
bids. The advertisement shall also be posted on the City's web-site
not less than 10 days prior to the bid submission. The advertisement
for bids shall describe the property to be sold and shall designate
when and where the bids are to be submitted, the place and the time
that the bids will be opened, the minimum price, if any, and the terms
of the sale. The item will be sold in "as is, where is" condition
to the person submitting the highest bid provided, however, a lower
bid submitted by a nonprofit organization or governmental agency may
be accepted by the City. The purchasing agent shall determine the
time in which the successful bidder must remove the item.
(3)
Trade-in on a purchase of City property.
Disposal of surplus property may be by trade-in, in conjunction with
acquisition of other price-based items.
(4)
Transfer to another agency of government
at or below reasonable market value. Disposal of surplus property
may be by sale, trade, donation, or other transfer to another public
agency or governmental unit by negotiation.
(5)
Donation. Disposal of surplus property
may be by donation to any organization operating within or providing
a service within the City which is recognized by the Internal Revenue
Service as a 501(c)(3) nonprofit organization.
(6)
Lease or loan.
(7)
Scrap or scrap metal.
(8)
Recycling or destruction and disposal to
a waste landfill. Once the department head of the surplus property
and the purchasing agent have agreement to destroy worthless property,
or if there is excess from a public auction that has been determined
unsellable and cannot be donated or disposed of by any other means,
authorized personnel in accordance with all applicable federal, state
and local regulations shall carry out such destruction.
J.
Exempt property.
(1)
Drugs, needles, syringes, hazardous substances,
controlled substances, firearms, and other sensitive items. The purchasing
agent does not have authority to handle, dispense, or dispose of items
that require special handling and control. Authorized personnel in
accordance with all applicable federal, state and local regulations
shall carry out the destruction.
(2)
Forfeited property. The Bloomington Police
Department may utilize and dispose of forfeited personal property
as approved by the City Council. The Bloomington Police Department
may also utilize the City's methods of disposal for such property,
unless such property is considered exempt property.
K.
City employees and City Council. No City
employee or member of City Council shall directly or indirectly use,
take or dispose of property surplus to the City other than in their
official duties. A City employee or member of City Council, except
those directly involved in declaring items surplus or having privileged
information regarding the item or the value thereof which is not available
to members of the public, is allowed to compete, as members of the
public, for the purchase of publicly sold surplus property.
L.
Police department and fire department property
- retirement. Upon honorable retirement from service with the City,
a police officer or firefighter may receive, with the approval of
the City Manager or his or her designee, an item or individual set
of specialized and personal use items used by the police officer or
firefighter at the time of his or her retirement. This may include,
but is not limited to, a firearm, badge, helmet, or canine service
dog.
[Ord. No. 2010-22]
[Ord. No. 1992-128; amended 4-10-2023 by Ord. No. 2023-30]
No officer of the City shall be interested,
directly or indirectly, in any contract made and entered into under
the provisions of this article in any manner which is prohibited by
state law. For the purposes of this section, "officer" shall include
all elected officials of the City of Bloomington, the City Manager,
a Deputy City Manager, all department heads of the City of Bloomington,
and the assistant directors or deputies of all departments of the
City, including the City Engineer, the Water Resources Manager, the
Superintendent of Streets and Sewers, the Superintendent of Refuse
and the Superintendent of Equipment Maintenance.
[Ord. No. 1992-128]
No City employee shall enter into,
or attempt to enter into, any contract with the City which involves
the sale of goods or services to the City unless the fact that the
person is an employee of the City is first disclosed to the City Council
or such other person authorized to execute contracts on behalf of
the City for the purchase of goods and services. In cases where the
City Council or such other person authorized to execute such contracts
on behalf of the City determines that a conflict of interest exists
or that entering into such a contract carries with it the appearance
of impropriety, the City Council or such other person authorized to
execute such contracts on behalf of the City may refuse to enter into
such contract. In cases where no disclosure has been made that the
person seeking to contract with the City is an employee of the City,
any contracts entered into without such disclosure shall, at the option
of the City, be declared void.
A.
The goal of the public construction of
City facilities is to deliver public facilities that meet the needs
of the citizens and the public employees that use them and that represent
sound investments of tax dollars. High-quality, cost-effective design
and construction services are key to achieving this goal on each public
facility construction project. As part of any proposed new public
facility construction project estimated to be in excess of $500,000,
the City Manager shall first propose to the City Council a project
management plan for the design, construction and oversight of the
project.
B.
The project management plan may either
be approved or rejected by a majority of the City Council and the
project management plan ultimately approved shall govern the design,
construction, oversight and general scope of the project. This plan
shall include whether the project will be design-build or whether
a general contractor will be utilized. The project management plan
shall be approved prior to bidding the project, but may be altered
or amended by a majority of the City Council after bidding. The project
management plan shall include a schedule, identify critical issues,
outline any risks, estimates of cost, and budget. The project management
plan shall provide for the transition of all record drawings, record
of contractors and subcontractors, operation and maintenance manuals,
training for the proper operation of the facility and equipment, and
a record of warranties to City staff.
[Ord. No. 2015-06]
[Added 5-24-2021 by Ord.
No. 2021-39]
A.
Any and all contracts and agreements in relation to the City Arena ("Arena") and the Bloomington Center for the Performing Arts ("BCPA") shall be governed by the provisions of this § 16-414 and shall not be limited by the other provisions of this chapter.
B.
The City Manager is authorized to approve contracts and agreements
in relation to usage of the Arena, as set forth herein, including
but not limited to performances, events, sponsorships, rentals, and
advertising. Any agreements and/or contracts that provide for an expenditure
by the City must be within the approved City budget for the operation
of the Arena. In relation to performer or event contracts, if the
agreement or contract price is based on ticket sales or other revenues
anticipated to be generated, the potential expenses and/or costs associated
with the contract/agreement must be able to be covered by the City
budget. If the agreement or contract contains a guarantee of $400,000
or more, the authorization to approve the agreement or contract must
first be approved by resolution of the City Council. Agreements that
relate to renting or leasing of space within the Arena, not related
to a performance, event, or sponsorship (i.e., seating, boxes and
signage), that exceed two years must be approved by the City Council.
Agreements with any tenant sporting teams, including but not limited
to hockey, must be approved by the City Council.
[Amended 11-28-2022 by Ord. No. 2022-117]
C.
The City Manager is authorized to approve contracts and agreements
in relation to usage of the BCPA, as set forth herein, including but
not limited to performances, events, sponsorships, rentals, and advertising.
Any agreements and/or contracts that provide for an expenditure by
the City must be within the approved City budget for the operation
of the BCPA. In relation to performer or event contracts, if the agreement
or contract price is based on ticket sales or other revenues anticipated
to be generated, the potential expenses and/or costs associated with
the contract/agreement must be able to be covered by the City budget.
If the agreement or contract contains a guarantee of $75,000 or more,
the authorization to approve the agreement or contract must first
be approved by resolution of the City Council. Agreements that relate
to renting or leasing of space within the BCPA, not related to a performance,
event, or sponsorship (i.e., seating, boxes, and signage), that exceed
two years must be approved by the City Council.
[Amended 11-28-2022 by Ord. No. 2022-117]
D.
The City Manager is hereby empowered to delegate his approval and signing power at his discretion; however, such delegations must be captured in writing. The City Manager shall also establish written procedures to govern the processing and approval of any agreements or contracts authorized by Subsections B and C.
[Added 4-24-2023 by Ord.
No. 2023-35]
A.
Policy. The City is committed to the following diverse workforce
aspirational goals:
(1)
Ensuring nondiscrimination in the award and administration of City
contracts;
(2)
Encouraging a level playing field on which MBEs, WBEs, and DBEs can
compete fairly for City contracts;
(3)
Promoting the use of female and minority workers on City projects;
(4)
Ensuring that female and minority participation goals are narrowly
tailored in accordance with applicable law; and
(5)
Providing appropriate flexibility to businesses in establishing and
providing opportunities for female and minority workers.
B.
CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACTOR
CONSTRUCTION SUBCONTRACTOR
CONTRACTING ENTITY
DISADVANTAGED BUSINESS ENTERPRISE or DBE
GOOD FAITH EFFORTS
MINORITY BUSINESS ENTERPRISE or MBE
VENDOR
WOMAN BUSINESS ENTERPRISE or WBE
Definitions. The following words, terms, and phrases, when used in
this section, shall have the meanings ascribed to them in this section,
except where the context clearly indicates a different meaning:
Any contract that exceeds $50,000, to which the City is a
party, for the construction, rehabilitation, alteration, conversion,
demolition or repair of buildings, highways, or other improvements
to real property.
Any person who contracts with the City in a construction
contract.
Any person who contracts with a construction contractor in
an amount greater than $50,000 for any single construction contract.
A construction contractor or subcontractor subject to a construction
contract with the City.
A for-profit small business (1) that is at least 51% owned
by one or more individuals who are both socially and economically
disadvantaged or, in the case of a corporation, in which 51% of the
stock is owned by one or more individuals; and (2) whose management
and daily business operations are controlled by one or more of the
socially and economically disadvantage individuals who own it. As
set forth in the Code of Federal Regulations, a "socially and economically
disadvantaged individual" means any individual who is a citizen (or
lawfully admitted permanent resident) of the United States and who
has been subjected to racial or ethnic prejudice or cultural bias
within American society because of his or her identity as a member
of groups and without regard to his or her individual qualities. The
social disadvantage must stem from circumstances beyond the individual's
control. The City shall consider individuals from the groups listed
in CFR Title 49, Subpart A, Section 26.5 as rebuttably presumed to
be socially and economically disadvantage.
Documented actions taken or planned by a contracting entity that are reasonably calculated to meet an established utilization or workforce participation goal or to encourage employment of partnership with, and development of, DBEs, MBEs, and WBEs in City contracting and as detailed in Subsection C.
A business that is at least 51% owned by one or more minority
persons, as defined in the Illinois Business Enterprise for Minorities,
Females, and Persons with Disabilities Act, 30 ILCS 575/2, as amended,
or in the case of a corporation, at least 51% of the stock in which
is owned by one or more than one minority persons; and the management
and daily business operations of which are controlled by one or more
of the minority individuals who own the business "Minority" shall
be defined as set forth in the Business Enterprise for Minorities,
Females, and Persons with Disabilities Act.
Persons who sell goods or services to the City in nonconstruction
contracts and any financial depository in which the City deposits
funds.
A business that is at least 51% owned by one or more women,
or, in the case of a corporation, at least 51% of the stock in which
is owned by one or more women; and the management and daily business
operations of which are controlled by one or more of the women who
own the business. "Women" or "female" shall be defined as set forth
in the Business Enterprise for Minorities, Females, and Persons with
Disabilities Act.
C.
Aspirational participation goals.
(1)
The City sets the following aspirational contract participation goals for all City construction contracts, except as exempted in Subsection H or those who have demonstrated good faith efforts under Subsection D, to assist in inclusion efforts of DBEs, MBEs, and WBEs, as well as a diverse workforce:
(a)
Eight percent of the total contract amount should be awarded
to MBEs, DBEs, and/or WBEs, if subcontracting opportunities are to
be made available; and
(b)
Ten percent of the total hours worked should be performed by
minority workers and 2% by female workers (or blend thereof and inclusive
of any workers utilized by the contractor and any subcontractors).
(2)
Contracting entities may meet contract participation goals in the following manner: (i) by assigning set percentages of work on a project to MBEs, WBEs, and DBEs ("utilization goals"); and (ii) by employing set percentages of female and minority employees ("workforce participation goals"). In the alternative, the contracting entity may provide evidence of good faith efforts to meet the goals as set forth in Subsection D.
(3)
The goals set forth in Subsection C(1) are aspirational in an attempt to ensure equal opportunity for all contracting entities within the City of Bloomington and shall be reviewed from time to time by the City Manager and the Bloomington Human Relations Commission, either of which may make recommendations for modifications to the goals.
D.
Good faith efforts.
(1)
All contracting entities subject to this section are required, at
a minimum, to demonstrate good faith effort to meet the City's established
goals for utilization and employment of MBE, WBE, and/or DBE firms
and workforce participation.
(2)
To be considered a responsive and responsible bidder on a construction
contract, the following are minimum requirements that must be submitted
as an initial demonstration of good faith:
(b)
The following two plans: 1) a utilization plan that outlines
the proposed contracting entity's planned use, if any, of MBE, WBE,
and/or DBE firms as subcontractors or as part of a joint venture,
if applicable; and 2) a workforce participation plan that outlines
the proposed total hours of work to be performed, if any, by minority
and female workers, which may include employees of both the contracting
entity and any subcontractors. If the proposed plans do not show the
aspirational goals being met, documentation must also be submitted
providing written evidence of good faith efforts to secure participation,
as applicable, by MBEs, WBEs, DBEs and minority and female workers.
Documentation shall include the following, as appropriate and applicable:
[1]
Evidence of outreach efforts or other activities to meet stated
participation goals;
[2]
Certification that the contractor received an insufficient number
of proposals or inquiries from MBEs, WBEs, or DBEs in response to
a good faith effort to pursue participation; and/or
[3]
Reasons for not meeting goals for hours worked or for rejecting
qualified MBEs, WBEs, or DBEs if a contracting entity has rejected
one or more MBEs, DBEs, or WBEs for a subcontracting or joint venture
opportunity.
(3)
Failure to provide the plans and/or commitments set forth in Subsection D(2) will result in the bid being found nonresponsive, and thus not eligible for the project in question. False assertions made under Subsection D(2) may render the proposed contracting entity being considered nonresponsive and, if discovered after the contract award, subject the bidder to being considered nonresponsive in future bids.
(4)
If the utilization plan shows compliance under Subsection D(2)(b), documentation must be submitted with the bid showing the proposed percentage of minority or female workers to be employed on the project and the proposed MBE, WBE and/or DBE subcontracting opportunities to be afforded under the contract.
(5)
If the utilization plan and/or workforce participation plan show
the proposed contracting entity is unable to meet the aspirational
goals and written evidence of good faith efforts is provided, the
City's Chief Diversity & Inclusion Officer is responsible for
working with the proposed contracting entity to determine if additional
reasonable good faith efforts should be undertaken, in an attempt
to meet the aspirational goals during the project, based on the bid
submittal and information provided. Accordingly, proposed contracting
entities submitting good faith efforts shall agree to continue to
work, in good faith, with the City's Chief Diversity & Inclusion
Officer during the term of the contract to ensure that the contractor
is taking and/or took the good faith efforts and attempted to meet
the goals. For any such construction contract, the City's Chief Diversity
& Inclusion Officer may suggest additional good faith efforts
be taken, where reasonable, based on the complexity and size of the
project. The following is a nonexhaustive list of good faith efforts:
(a)
Providing job training or direct employment opportunities to
increase the utilization of women and minorities on City projects.
(b)
Attendance at City-sponsored or other networking events to increase
the utilization of DBEs, MBEs, WBEs, and female and minority workers.
(c)
Outreach and recruitment efforts of DBEs, WBEs, and MBEs and
female and minority workers.
(d)
Packaging requirements, where feasible, into tasks and quantities
that encourage maximum participation from DBEs, MBEs, WBEs, and minority
and female workers.
(e)
Providing interested and qualified DBEs, MBEs, and WBEs with
adequate information about the bidding and request for proposal process,
adequate time to respond, and assistance in responding to bid and
proposal solicitation.
(f)
Assisting interested DBEs, MBEs, and WBEs in obtaining necessary
equipment, supplies, and materials to successfully compete for City
contracts and subcontracts.
(g)
Assisting interested DBEs, MBEs, and WBEs in obtaining bonding,
lines of credit, or insurance.
(h)
Seeking services from available female and minority community
organizations, minority and female contractors' groups, minority and
female business assistance offices, and other organizations as appropriate,
to provide assistance in recruiting DBEs, MBEs, WBEs, and minority
and female workers.
(i)
Developing internal policies or programs to increase, hiring,
professional development, and retention of female, minority and disadvantaged
workers.
(j)
Other evidence of good faith efforts that the City's Chief Diversity
& Inclusion Officer, in consultation with the Procurement Manager,
deems sufficient to advance the City's goals to encourage minority
and female participation in City contracts.
(6)
(Reserved)
(7)
Nothing in this section shall require a contracting entity to offer subcontracting opportunities. If a contracting entity is not going to utilize subcontractors on the proposed project or outside labor (e.g., the contracting entity will be utilizing its current internal employees), the contracting entity shall still aspire to meet the workforce participation goals. If the contracting entity does not meet the aspirational goals, it can show good faith efforts by documenting efforts to have a diversified workforce, including but not limited to those identified in Subsection D(5)(a), (b), (c), (h), (i) and/or (j). In such a case, the proposed contracting entity must identify what efforts it has undertaken and commit to working with the City's Chief Diversity & Inclusion Officer if additional reasonable good faith efforts are recommended.
(8)
Any determination by the Chief Diversity & Inclusion Officer
of whether good faith efforts were made or not, where required in
this section, may be appealed to the City Manager. Such appeal must
be made in writing within five days after the determination by the
Chief Diversity & Inclusion Officer. The City Manager, or designated
hearing officer, shall then review the documentation, and if applicable
hold a hearing, to make a determination as to whether sufficient good
faith efforts were made.
(9)
Compliance.
(a)
The City shall have the right to audit the contracting entity's
utilization plan throughout the duration of the contract. If the City
determines that the contracting entity is not in compliance, the City
shall notify the contracting entity of its noncompliance in writing.
The notice will detail the noncompliance and will include information
regarding the actions the contracting entity must take to cure the
noncompliance.
(b)
The contracting entity will be given 10 business days to cure
the noncompliance or to provide a response in writing to the City
making acceptable arrangements to cure the noncompliance. The City
agrees to assist the contracting entity in its efforts to cure. Acceptable
arrangements may include undertaking new good faith efforts as may
be agreed upon by the City.
(c)
If the contracting entity fails to cure the noncompliance or
to make acceptable arrangements to cure the noncompliance within 10
business days, or if the City Manager or his or her designee finds
the contracting entity's response insufficient, the City Manager,
or his or her designee, shall have, at his or her discretion, the
authority to cancel, terminate, or suspend the contract in whole or
in part or pursue other contractual remedies or sanctions allowable
by law. In such situations, the contracting entity may be considered
nonresponsive in future City bids.
E.
Procurement and contractual terms.
(1)
All City construction contracts and/or related procurement documents,
except as excluded by this section, shall include the following, or
equivalent, provisions:
(a)
Human rights guarantee provision. For the purposes of this provision,
"contracting entity" means the legal entity that has signed a contract
to provide services or perform work or to provide personal property
or a combination thereof to or on behalf of the City. The words used
herein, and the requirements shall be interpreted in accordance with
and have the meaning ascribed to them as set forth in the City's Equal
Opportunity in Purchasing Ordinance and the City's Human Rights Ordinance.
(b)
Nondiscrimination pledge. The contracting entity shall not discriminate against any employee during the course of employment or applicant for employment because of race, color, religion, creed, class, national origin, sex, age, marital status, physical or mental handicap, sexual orientation, gender identity, family responsibilities, matriculation, political affiliations, prior arrest record or source of income. The contracting entity shall make good faith efforts in accordance with its equal opportunity plan and utilization plan, if one is required to be submitted to and approved by the City, to achieve female and minority participation goals by hiring and partnering with WBEs, MBEs, and female and minority workers. Good faith efforts are defined in § 16-415 of the Bloomington City Code.
(c)
Notices. The contracting entity shall post notices regarding
nondiscrimination in conspicuous places available to employees and
applicants for employment. The notices shall be provided by the City,
setting forth the provisions of the nondiscrimination pledge; however,
the contracting entity may post other notices of similar character
supplied by another governmental agency in lieu of the City's notice.
(d)
Solicitation and ads for employment. The contracting entity shall, in all solicitations and advertisements for employees placed by or on behalf of the contracting entity, state that all qualified applicants will receive consideration for employment as provided for in § 22.2-104 of the City Code. An advertisement in a publication may state "This is an Equal Opportunity Employer," which statement shall meet the requirements of this section.
(e)
Access to books. The contracting entity shall permit access
to all books, records, and accounts pertaining to its employment practices
by the City Manager or the City Manager's designee for purposes of
investigation to ascertain compliance with this provision.
(f)
Reports. The contracting entity shall provide periodic compliance
reports to the City Manager, upon request. Such reports shall be within
the time and in the manner prescribed by the City and describe efforts
made to comply with the provisions of this provision entitled "Human
Rights Guarantees."
(g)
Remedies. In the event that any contracting entity fails to
comply with the above subsections, or fails to comply with its equal
opportunity plan, utilization plan, or any provision of city, state
or federal law relating to human rights, after the City has provided
written notice to the contracting entity of such failure to comply
and provided the contracting entity with an opportunity to cure the
noncompliance, then the City, at its option, may declare the contracting
entity to be in default of this agreement and take, without election,
any or all of the following actions:
(2)
Construction contractors shall automatically include the provisions
of the foregoing paragraphs in every construction subcontract so that
the provisions will be binding upon each construction subcontractor.
(3)
Where feasible, City staff shall attempt to include the language
outlined in E(1), or similar, in City contracts and/or procurement
documents beyond those required and where suitable for City vendors.
F.
Equal opportunity plan; submittal and approval.
(1)
Submittal. Each contracting entity for City construction contracts,
as defined herein, shall submit an equal opportunity plan with each
construction contract.
(2)
Minimum requirements. The equal opportunity plan shall be subject
to review within two business days of submission by the Procurement
Manager, in consultation with the City's Chief Diversity and Inclusion
Officer, and shall be considered responsive if it is on a form provided
by the City or contains the following or equivalent provisions:
(a)
Equal employment policy statement. The contracting entity must
indicate a positive attitude toward equal employment opportunity and
indicate that decisions regarding recruitment, hiring, training and
promotion will be made without regard to race, color, creed, age,
physical or mental handicap, marital status, sexual orientation, gender
identity, family responsibilities, matriculation, political affiliation,
arrest record, source of income, religion, sex, or national origin,
except when one of these criterion is a good faith qualification for
the occupation involved.
(b)
Assignment of responsibility. The contracting entity must select
a director of the contracting entity's equal opportunity program.
It will be the director's responsibility, among other things, to assist
in the identification and solution of problems. The contracting entity
must give the director the necessary top management support and staffing
to fulfill his or her job duties.
(c)
Procedures for disseminating policy. A policy of equal opportunity
is considered to be of little value unless it goes beyond the words
on a piece of paper and is put into effect. The contracting entity
is responsible for establishing procedures for disseminating its equal
opportunity program both within the entity (internally) and outside
the entity (externally).
(d)
Utilization analysis. The contracting entity must identify those
areas within the contracting entity's workforce in which minorities
and women are being underutilized. A utilization analysis is composed
of four different parts: a workforce analysis; identification of job
groups within the contracting entity; an availability analysis; and
an under-utilization analysis.
(e)
Goals and timetables. For each job group in which under-utilization
of minorities or women is found, the contracting entity must set up
a system of goals and timetables for correcting the deficiencies.
Separate goals for minorities and women must be established, but a
single goal for minorities is acceptable unless it is determined that
one minority is underutilized in a substantially disparate manner.
(f)
Identification of problem areas and adverse effect. The contracting
entity must identify key job titles in which women or minorities are
under-represented in relation to their availability in the workforce
and those employment practices which have an adverse effect on women
or minorities so as to discourage their employment or full utilization.
The contracting entity studies of applicant flow, recruitment procedures,
selection and placement procedures, promotions and transfers, seniority
systems, terminations, relations with labor unions, employee benefits
and working conditions are required.
(g)
Corrective action measures. Should problem areas be identified
or a disproportionate impact on women or minorities be uncovered,
the contracting entity is obligated to develop and execute corrective
action programs. The total selection process should be evaluated and
the necessary changes made.
(h)
System for monitoring compliance. To ensure that the nondiscrimination
policy is being carried out, the contracting entity should monitor
employment actions at all levels and require the submission for review
of reports from unit managers on a scheduled basis.
(i)
Support of EEO programs. The contracting entity must actively
support local, state, and national programs that are designed to improve
the employment opportunities of women and minorities.
(j)
Recruitment of persons outside workforce. Racial minorities
and women generally considered outside of the workforce should be
considered for employment when they have the requisite skills and
can be recruited through good faith efforts.
(k)
System of records and annual summary. In order to be able to
supply compliance officers with information on equal opportunity efforts,
contracting entities should establish a system of compiling support
data in such forms as applicant flow data, progression line charts,
seniority rosters, and applicant rejection ratios indicating minority
and gender status.
(3)
Failure to cooperate or comply with equal opportunity plan. If the
contracting entity fails to provide information required by the City
to determine compliance with the equal opportunity plan within 10
business days of any such request or fails to make a good faith effort
to comply with the provisions of the submitted and approved equal
opportunity plan, the City Manager may invoke any of the sanctions
provided for under the terms of the agreement with the contracting
entity.
(4)
Inclusion in bid and proposal requests. In addition to the required "Human Rights Guarantee Provision" in Subsection E, the City Manager shall include the general requirements of Subsection F in all construction contracts procurement documents (i.e., bidding documents) that are not exempted by this section.
G.
Powers and responsibilities of City.
(1)
City's responsibilities.
(a)
Investigation. The City may examine the employment practices
of any contracting entity or initiate such investigation by the appropriate
agent of such entity, including the Bloomington Human Relations Commission
by written request of the City Manager, to determine whether or not
the contracting entity is in compliance with the provisions of this
section and applicable contractual terms.
(b)
Employment relations. The City shall use its best efforts to
cause any contracting entity, who is engaged in work under City contracts,
any referral, recruiting or training agency, or other representatives
who are or may be engaged in work under construction contracts and
construction subcontracts to cooperate with and to comply in the implementation
of purposes of this section.
(c)
Notice to other agencies. The City may, in appropriate cases,
notify the concerned contracting agency, the Illinois Department of
Human Rights, the United States Department of Justice, or other appropriate
federal, state or city agencies whenever it has reason to believe
that practices of any contracting entity have violated any provision
of law relating to human rights.
(d)
Review of employment practices. The City may periodically review
the employment practices and procedures of contracting entities to
determine compliance with the provisions of this section and require
such entities to file the appropriate reports as required by this
section. The City Manager may further, by written request, ask the
Bloomington Human Relations Commission to undertake such periodic
reviews.
(2)
City Manager's responsibilities.
(a)
Compliance. The City Manager, or his/her designee, shall be
responsible for ensuring the City's construction contracts comply
with the provisions of this section and may refer any complaints or
investigations to the Bloomington Human Relations Commission for further
review and to obtain a recommendation.
(b)
Report to Council. The City Manager, or his/her designee, shall
file a written report with the City Council and the Human Relations
Commission, on at least an annual basis, regarding the compliance
and impact of this section. The report may include, but is not limited
to, the following types of information:
[1]
Those contracting entities doing business with the City who
are in compliance with this section;
[2]
Efforts that have been made to determine contracting entities'
compliance with this section;
[3]
The level of minority and female employment in City contracts
covered by this section;
[4]
Any and all actions taken against contracting entities during
the quarter pursuant to this section.
H.
Contracts exempted. The following construction contracts shall be
exempt from the provisions unless otherwise agreed to as part of the
contract:
(1)
Contracts with other governmental entities and/or nonprofit organizations;
(2)
Contracts approved as a joint purchase or from single or limited
source by the City Council;
(3)
Contracts with contracting entities which employ only owners or the
owners' relatives, or which employ fewer than five persons to work
as employees;
(4)
Contracts for goods or services which are "emergency purchases" under
the City's purchasing ordinance;
(5)
Contracts approved by ordinance waiving the requirements of this
section based on the best interests of the City; and/or
(6)
Contract with grant funding or related limitations implemented by
the state or federal government.
I.
Database/outreach opportunities.
(1)
The City shall seek to establish an electronic database of MBE, WBE,
and DBE firms for potential subcontracting and/or joint venture opportunities.
The City's Chief Diversity & Inclusion Officer shall be responsible
for implementing and maintaining the database.
(2)
The City shall seek to offer education programs and outreach to vendors
regarding the City's equal opportunity initiatives and offerings.
The City's Chief Diversity & Inclusion Officer shall be responsible
for the education and outreach efforts.
J.
Vendors generally - nondiscrimination. All vendors doing business with the City are subject to the provisions of Chapter 22.2 in the City Code on nondiscrimination in employment and shall provide equal employment opportunities. Specific certifications and enforcement shall be as set forth in § 22.2-112.
[Added 7-22-2024 by Ord.
No. 2024-058]
A.
Project labor agreement required.
(1)
For all public works projects estimated in excess of $50,000 where
public funds will be expended, the City of Bloomington shall require
a project labor agreement unless it has been determined that a project
labor agreement would not advance the City's interests of cost,
efficiency, quality, safety, timeliness, skilled labor force and labor
stability and the City's policy to advance minority-owned or
female-owned businesses, or businesses utilizing minority and female
workers. The terms of any project labor agreement shall not exceed
the economic standards established by the Illinois Prevailing Wage
Act, as from time to time amended, nor contain any requirement of
union membership of any contractor's employees or fair share
payments by contractor's employees.
(2)
Project labor agreements shall not be required for contracts for
private development between the City and developers involving private
business development activities (e.g., incentive agreements with developers
on private development projects).
B.
Unless it has been determined that a project labor agreement is not
appropriate for a particular public works project or the estimated
amount does not exceed $50,000, the City shall either (i) in good
faith negotiate a project labor agreement with labor organizations
engaged in the construction industry that represent experienced and
skilled construction workers or (ii) condition the award of a project
manager or general contractor upon a requirement that the manager
or contractor negotiate in good faith a project labor agreement with
labor organizations engaged in the construction industry and, if necessary,
use the Department of Labor to reach a project labor agreement. The
City may reserve the right to approve the negotiated project labor
agreement. The City may alternatively designate a project labor agreement
that has been approved by a majority of the local trades to be utilized
as part of the bid specifications for any public works project.
C.
A project labor agreement must:
(1)
Set forth effective, immediate, and mutually binding procedures for
resolving jurisdictional disputes, labor disputes, and grievances
arising before the completion of work;
(2)
Contain guarantees against strikes, lockouts, or other similar actions;
(3)
Standardize the terms and conditions of employment of labor on the
public works project;
(4)
Ensure a reliable source of skilled and experienced labor;
(5)
Further public policy objectives as to improved employment opportunities for minorities, females, and the economically disadvantaged in the construction industry; for purposes of this subsection, the public policy objectives shall be deemed met if the public works project employs at least 25% minorities and/or at least 25% of total employees working on the project are employed by minority-owned businesses as defined by Section 16-415 of the City Code;
(6)
Permit contractors and subcontractors to retain a percentage of their
current workforce in addition to labor referred through the signatory
labor organizations;
(7)
Permit the selection of the lowest qualified responsible bidder,
without regard to union or nonunion status at other construction sites;
(8)
Be made binding on all contractors and subcontractors on the public
works project through the inclusion of appropriate bid specifications
in all relevant bid documents; and
(9)
Include such other terms as the parties deem appropriate.
D.
Any decision not to use a project labor agreement in connection with
a public works project by the City shall be supported by a written,
publicly disclosed finding by the City setting forth the justification
for the non-use of the project labor agreement.
E.
Unions participating in a project labor agreement shall provide the
following:
(1)
Certification of compliance in relation to the public works project
with the Occupational Health and Safety Act, the Family and Medical
Leave Act, the Fair Labor Standards Act, the Americans with Disabilities
Act, the Age Discrimination in Employment Act, the National Labor
Relations Act, the Federal Civil Rights Act, the Illinois Human Rights
Act, the Illinois Wage and Hour Law, and the Prevailing Wage Act;
and
(2)
Documentation evidencing that such union has an active joint labor-management
apprenticeship and training program approved by and registered with
the United States Department of Labor's Bureau of Apprenticeship
and Training; and
(3)
Evidence of an established membership recruitment program that specifically
includes efforts to recruit residents of the City and minority and
female participants; and
(4)
Documentation evidencing the demographic characteristics of union
membership and the apprenticeship and training program.
