West Cook News

The Cook County Contract Compliance Committee will review the results of a "Disparity Study of the County and Health and Hospital System’s Minority and Women-owned Business

Enterprise Program."

at its next  Wednesday, June 29.

The Cook County Contract Compliance Committee is a standing committee of the county’s board of commissioners. It includes five commissioners and is responsible for monitoring the county’s MBE/WBE Ordinance.

--- "Board of Commissioners of Cook County\r\nContract Compliance Committee Minutes\r\nWednesday,

June 29, 2016 9:15 AM Cook County Building, Board Room, Rm. 569\r\n 118 North Clark

Street, Chicago, Illinois\r\nATTENDANCE\r\nPresent: Chairman Steele, Vice Chairman

Silvestri, Commissioners Butler, García, Moore and Sims (6)\r\nAbsent: Commissioners

Arroyo, Murphy and Tobolski (3)\r\nAlso Present: Commissioners Daley, Morrison,

and Suffredin (3)\r\nPUBLIC TESTIMONY\r\nChairman Steele asked the Secretary to

the Board to call upon the registered public speakers, in accordance\r\nwith Cook

County Code.\r\n1. Jorge Perez, Executive Director, Hispanic American Construction

Industry Association\r\n2. Beth Doria, Executive Director, Federation of Women Contractors\r\n3.

Mary Kay Minaghan, Women Construction Owners & Executives\r\n16-4067\r\nCOMMITTEE

MINUTES\r\nApproval of the minutes from the meeting of 6/8/2016\r\nA motion was

made by Vice Chairman Silvestri, seconded by Commissioner Sims, that this\r\nCommittee

Minutes be approved. The motion carried by the following vote:\r\nAye: Chairman

Steele, Vice Chairman Silvestri, Commissioners Butler, García, Moore and Sims (6)\r\nAbsent:

Commissioners Arroyo, Murphy and Tobolski (3)\r\n16-3597\r\nPresented by: JACQUELINE

GOMEZ, Director, Office of Contract Compliance\r\nREPORT\r\nDepartment: Office of

Contract Compliance \r\nPage 2 of 59\r\nRequest: Receive and file\r\nReport Title:

Disparity Study\r\nReport Period: 7/2009 - 7/2014\r\nSummary: Disparity Study of

the County and Health and Hospital System’s Minority- and\r\nWomen-owned Business

Enterprise Program\r\nA motion was made by Vice Chairman Silvestri, seconded by

Commissioner García, that this\r\nReport be recommended for receiving and filing.

The motion carried by the following vote:\r\nAye: Chairman Steele, Vice Chairman

Silvestri, Commissioners Butler, García, Moore and Sims (6)\r\nAbsent: Commissioners

Arroyo, Murphy and Tobolski (3)\r\n16-3598\r\nSponsored by: TONI PRECKWINKLE, President

and ROBERT STEELE, County Commissioner\r\nPROPOSED ORDINANCE AMENDMENT\r\nMINORITY

AND WOMAN-OWNED BUSINESS ENTERPRISES\r\nBE IT ORDAINED, by the Cook County Board

of Commissioners, that Chapter 34, FINANCE, Article\r\nIV, PROCUREMENT CODE, Division

8, MINORITY AND WOMEN-OWNED BUSINESS\r\nENTERPRISES, various sections within Subdivisions

I and II of the Cook County Code are hereby\r\namended as follows:\r\nDIVISION 8.

- MINORITY- AND WOMAN-OWNED BUSINESS ENTERPRISES\r\nSubdivision I. - General Provisions\r\nSec.

34-260. - Short title.\r\nThis Subdivision shall be known and may be cited as the

Cook County Minority- and WomenOwned\r\nBusiness Enterprise General Ordinance. This

Subdivision is applicable to all Contracts, except\r\nPublic Works Contracts which

are governed by Subdivision II of this Division 8.\r\nSec. 34-261. - Preface and

Findings.\r\n(a) The County has heretofore adopted a Minority and Woman-Owned Business

Enterprise\r\nOrdinance to ensure that local small businesses owned by economically

disadvantaged minorities y and\r\nwomen's businesses are provided full and equal

opportunity to participate in Contracts.\r\n(b) The Supreme Court of the United

States in City of Richmond v. Croson, 488 U.S. 469 (1989),\r\nhas enunciated certain

standards which are necessary to maintain effective affirmative action programs

in\r\ncompliance with constitutional requirements.\r\n(c) The County continues to

be is committed to implementing an its affirmative action program\r\nassociated

with local small businesses owned by economically disadvantaged minorities and women

in \r\nPage 3 of 59\r\nconformance with the United States Supreme Court's decision

in City of Richmond v. Croson and other\r\nrelevant law.\r\n(d) In furtherance of

this commitment, and at the direction of the Board and the President of the\r\nBoard,

supported by County staff , professionals, and consultants, conducted an investigation

to determine\r\nwhether and to what degree (1) there continues to be into the scope

of any discrimination in County\r\nProcurements, and in the award of and participation

in contracts in the metropolitan County Chicago\r\neconomy; , the extent to which

(2) such discrimination or the effects thereof has denied and continues to\r\ndeny

small and economically disadvantaged minority and women's business enterprises equal

opportunity\r\nto participate in such Procurements and contracts; (3) small businesses

owned and managed by\r\neconomically disadvantaged minorities and women in the County

Marketplace experience disparate\r\nnegative impacts in terms of participating in

public and private transactions, including but not limited to\r\ntransactions with

the County, those private enterprises with whom it does business, and other private\r\nenterprises;

(4) small, economically disadvantaged businesses owned and managed by minorities

and\r\nwomen in the County Marketplace experience reduced earnings; (5) the formation

of businesses owned and\r\nmanaged by minorities and women in the County Marketplace

is disproportionately low; (6) there continues\r\nto be a chronic lack of wealth,

business loans, and financial liquidity among the County’s minority\r\ncommunities

and among minorities who own and operate their own small businesses; (7) the\r\ndisproportionate

levels of poverty among minorities in the County and any of the foregoing elements\r\ndetrimentally

affect the County’s efforts to protect and promote public safety, health and welfare,

and to\r\nidentify the appropriate affirmative action steps to be taken to eliminate

any such discrimination, obstacles,\r\nand poverty and its their continuing effects.\r\n(e)

Minority, and women, and other small businesses continue to be awarded prime contracts

and\r\nsubcontracts in dollar amounts that are disproportionately lower than the

availability of such businesses\r\nwilling and able to perform Contracts.\r\n(f)

The County's procurement practices in the past have contributed to the above identified\r\nunderutilization

of Minorityminority, and women, and other small businesses on contracts and\r\nsubcontractsContracts.\r\n(g)

Minority, and women's, and other small businesses continue to be disadvantaged by\r\ndiscriminatory

practices in the local construction industry and economy when competing for contracts\r\nContracts

and in seeking subcontracting opportunities on such contractsContracts.\r\n(h) The

County was a passive participant in the discriminatory practices of businesses which\r\ndiscriminate

against minority, women businesses by entering into contracts with such discriminating\r\nbusinesses.\r\n(i)

Despite the County’s its good faith efforts and implementation of previous affirmative

action\r\nprograms, minority, and women, and other small businesses remain at a

competitive disadvantage in\r\ncompeting for Ccontracts and subcontracts.\r\n(j)

Race and gender neutral measures or affirmative action programs without numerical

goals have\r\nnot and are not likely to eliminate the competitive disadvantage of

minority, and women, and other small\r\nbusinesses in participating in Ccontracts

due to discrimination in the local economy.\r\nPage 4 of 59\r\n(k) The numerical

goals for the participation of minority and women's businesses in Contracts are\r\ncommensurate

with the availability of minority and women's businesses willing and able to perform

County\r\nwork.\r\n(l) The reduction of such discrimination in the local economy

will help reduce the disproportionate\r\nlevels of poverty among minorities in the

County and positively affect the County’s efforts to protect and\r\npromote public

safety, health, and welfare.\r\nSec. 34-262. - Policy and purpose.\r\nBased on the

foregoing findings, the policy and purpose of this division are as follows:\r\n(a)

It is the continuing public policy of the County to strive to achieve the full and

equitable\r\nparticipation of local small businesses owned by economically disadvantaged

minoritiesy and women in\r\nthe County's procurement process as both prime contractors

and subcontractors.\r\n(b) The County is committed to a policy of preventing and

reducing discrimination in making\r\nProcurements, and eliminating arbitrary barriers

to participation in Procurements by all persons, regardless\r\nof race, sex, or

ethnicity.\r\n(c) To offset the effects of negative disparate impacts on small businesses

owned and managed by\r\neconomically disadvantaged minorities and women with respect

to public and private transactions; reduced\r\nearnings among County-based small

businesses owned by minorities and women; reduced business\r\nformation among County-based

minorities and women; a chronic lack of wealth and financial liquidity\r\namong

the County’s minority communities; the obstacles and hindrances in obtaining business

loans faced\r\nby County-based small businesses owned by minorities and women; the

underutilization of regionallybased\r\nsmall businesses owned by minorities and

women in public and private-sector business; and the\r\ngrossly disproportionate

levels of poverty among minorities in the County, The purpose of this Division\r\nis

to establish and implement goals for participation of PCEs in Procurements, in compliance

with all\r\napplicable laws.\r\nSec. 34-263. - Definitions.\r\nThe following words,

terms and phrases, when used in this Division, shall have the meanings\r\nascribed

to them in this Section, Terms not defined in this Section are defined in Division

1 of this\r\nProcurement Code, or in Section 1-3 of the County Code. Additional

terms applicable to Subdivision II are\r\nset forth in such subdivision.\r\nAffiliate.

An \"Affiliate\" of or a Person \"Affiliated\" with, a specified Person shall mean

any Person\r\nthat directly or indirectly through one or more intermediaries, Controls,

is Controlled by, or is under\r\ncommon Control with, the Person Specified. Affiliates

shall be considered together in determining whether\r\na firm is a small business.\r\nApplicant

means a person who submits documents and information seeking certification, continued\r\ncertification,

or re-certification as an MBE or WBE to the Office of Contract Compliance.\r\nBroker

means a Person who or which neither manufactures the supplies, equipment or goods\r\nsupplied

nor owns or operates a store, warehouse or other establishment (and related distribution

\r\nPage 5 of 59\r\nequipment) in which it maintains, consistent with industry standards,

an inventory of the supplies,\r\nequipment or goods required for performance of

the Contract for sale in the normal course of business. A\r\nBroker provides no

substantial service other than acting as a conduit between his or her supplier and

his or\r\nher customer.\r\nBusiness means a sole proprietorship, partnership, corporation,

limited liability company, Joint\r\nVenture or any other business or professional

entity.\r\nCertified firm means a firm that has been accepted by the County as a

certified MBE or WBE.\r\nCommercially Useful Function means the performance of a

distinct element of work required for\r\nthe Procurement, with the requisite skill

and expertise.\r\nCompliance Contract Director or \"CCD\" means the Contract Compliance

Director.\r\nContract means any Procurement or Contract (as defined in Section 34-121)

in an amount\r\nexceeding $25,000.00.\r\nContractor means any business that seeks

to enter into a contract with the County, and includes all\r\npartners and Affiliates

Business.\r\nContract Specific Goals means the goals established under Section 34-267(b)

that are based upon\r\nrelevant factors, including, but not limited to, the availability

of MBEs or WBEs relative to in the scopes\r\nof work of the Project.\r\nCounty Marketplace

means the six-county region, currently the counties of Cook, DuPage, Kane,\r\nLake,

McHenry and Will.\r\nEconomically Disadvantaged means having an individual with

a Personal Net Worth less than\r\n$2,000,000.00, indexed annually for the Chicago

Metro Area Consumer Price Index for Urban Wage\r\nEarners and Clerical Workers,

published by the U.S. Department of Labor, Bureau of Labor Standards,\r\nbeginning

January 2008.\r\nExpertise means demonstrated skills, knowledge or ability to perform,

as defined by normal\r\nindustry practices, including licensure where required,

in a field.\r\nGood Faith Efforts shall have the meaning set forth in Section 34-271.\r\nJoint

Venture means an association of two or more Businesses proposing to perform a for-profit\r\nbusiness

enterprise. Joint Ventures must have an agreement in writing specifying the terms

and conditions\r\nof the relationships between the partners and their relationship

and responsibility to the contract.\r\nLocal Business means a Business located within

the County's Marketplace which has the majority\r\nof its regular, full-time work

force located within the County's Marketplace.\r\nLocal Small Business means a Local

Business which is also a Small Business.\r\nPage 6 of 59\r\nManufacturer means a

Person that operates or maintains a factory or establishment that produces,\r\non

the premises, the materials, supplies, articles, or equipment required for a Procurement

and of the general\r\ncharacter described by the specifications.\r\nMinority Business

Enterprise or MBE means a Local Small Business, including a sole\r\nproprietorship,

partnership, corporation, limited liability company, Joint Venture or any other

business or\r\nprofessional entity:\r\n(1) Which is at least 51 percent owned by

one or more Minority Individuals who are economically\r\ndisadvantaged, or in the

case of a publicly owned business, at least 51 percent of all classes of the stock

of\r\nwhich is owned by one or more such Minority Individuals;\r\n(2) Whose management,

policies, major decisions and daily business operations are independently\r\nmanaged

and Controlled by one or more such Minority Individuals; and\r\n(3) Which has its

principal place of business and a majority of its regular, full-time workforce\r\nlocated

within the County's Marketplace.\r\nMinority Individual means an individual in one

of the following groups:\r\n(1) African-Americans or Blacks, which includes persons

having origins in any of the Black racial\r\ngroups of Africa;\r\n(2) Hispanic-Americans,

which includes persons who are Mexican, Puerto Rican, Cuban,\r\nCaribbean, Dominican,

Central or South American, regardless of race;\r\n(3) Native-Americans, which includes

persons who are American Indians, Eskimos, Aleuts, or\r\nNative Hawaiians; or\r\n(4)

Asian-Americans (persons whose origins are in any of the original peoples of the

Far East Asia,\r\nSoutheast Asia, the islands of the Pacific or the Northern Marianas,

or the Indian Subcontinent); or\r\n(5) Other groups, including, but not limited

to, Arab-Americans, found by the County to be socially\r\ndisadvantaged by having

suffered racial or ethnic prejudice or cultural bias within American society,\r\nwithout

regard to individual qualities, resulting in decreased opportunities to compete

in the County's\r\nMarketplace.\r\nOwned means having all the customary incidents

of ownership, including the right of disposition,\r\nand the sharing in all risks

and profits commensurate with the degree of ownership interest.\r\nPerson or Persons

means any natural person, corporation, partnership, Joint Venture, trust,\r\nassociation,

limited liability company, sole proprietorship or other legal entity.\r\nPersonal

Net Worth means the net value of the assets of an individual after total liabilities

are\r\ndeducted. An individual's personal net worth does not include the individual's

ownership interest in an\r\napplicant or other Certified MBE or WBE, provided that

the other Person is certified by a governmental\r\nagency that meets the County's

eligibility criteria or the individual's equity in his or her primary place or\r\nresidence.

As to assets held jointly with a spouse, an individual's Personal Net Worth includes

only that \r\nPage 7 of 59\r\nindividual's share of such assets. An individual's

Personal Net Worth also includes the present value of the\r\nindividual's interest

in any vested pension plans, individual retirement accounts, or other retirement

savings\r\nor investment programs less the tax and interest penalties that would

be imposed if the asset were distributed\r\nat the present time, and shall not include

future payments receivable from a pension or Social Security.\r\nProgram means the

Minority- and Women-Owned Businesses Enterprise Program established in\r\nthis division,

and shall include the Public Works Participation Program.\r\nProgram Goals means

the goals set forth in Section 34-267(a).\r\nProtected Class Enterprise or PCE shall

mean a business meeting those Persons qualifying under\r\nthe definitions of Minority

Business Enterprise and Women's Business Enterprise as set forth contained in\r\nthis

section.\r\nPublic Works Participation Program means the program established pursuant

to Subdivision II.\r\nRegular Dealer means a Person that owns, operates, or maintains

a store, warehouse, or other\r\nestablishment in which the supplies, equipment,

or goods (excluding software licenses) of the general\r\ncharacter required for

the Procurement are bought, kept in stock, and regularly sold or leased in the usual\r\ncourse

of business. To be a Regular Dealer, the Person must be an established business

that engages, as its\r\nprincipal business and under its own name, in the Procurement

and sale or lease of the products in question.\r\nA Person may be a Regular Dealer

in such bulk items as petroleum products, steel, cement, gravel, stone,\r\nor asphalt

without owning, operating, or maintaining a place of business if the Person both

owns and\r\noperates distribution equipment for the products. Any supplementing

of such Person's distribution\r\nequipment shall be by a long-term lease agreement

and not on an ad hoc or contract-by-contract basis.\r\nPackagers, manufacturer representatives,

or other Persons who arrange or expedite transactions are not\r\nRegular Dealers.\r\nSocially

Disadvantaged means an individual who has been having been subjected to racial,

ethnic\r\nor gender prejudice or cultural bias within American society because of

his or her identity as a member of\r\na group, and without regard to individual

qualities, Social disadvantage must stemming from circumstances\r\nbeyond the relevant

person’s individual's control. A Socially Disadvantaged natural person individual

must\r\nbe a citizen or lawfully admitted permanent resident of the United States.\r\nUser

Department means the department of the County or elected official responsible for

initiating\r\nthe procurement process.\r\nUtilization Plan means the document, submitted

to the County as part of a bid or proposal, in which\r\none or more bidders or proposers

and PCEs commit to a level of participation in the subject contract,\r\nidentify

the associated responsibilities and scope of work, and dollar value or the percentages

of the work\r\nto be performed.\r\nPage 8 of 59\r\nWoman means a person of the female

gender.\r\nWoman-owned Business Enterprise or WBE means a Local Small Business,

including a sole\r\nproprietorship, partnership, corporation, limited liability

company, Joint Venture or any other business or\r\nprofessional entity:\r\n(1) Which

is at least 51 percent Owned by one or more economically disadvantaged Women, or

in\r\nthe case of a publicly owned business, at least 51 percent of all classes

of the stock of which is Owned by\r\none or more such Women;\r\n(2) Whose management,

policies, major decisions and daily business operations are independently\r\nmanaged

and Controlled by one or more such Women; and\r\n(3) Which has its principal place

of business and a majority of its regular, full-time work force\r\nlocated within

the County's Marketplace.\r\n***\r\nSec. 34-265. - Program administration.\r\n(a)

The Office of Contract Compliance, under the direction of the CCD, who shall report

to the\r\nPresident, shall administer the Program. The duties of the CCD shall include:\r\n(1)

Formulating, proposing and implementing rules and regulations for the development,\r\nimplementation

and monitoring of the Program, certification process, recertification process, and

no-change\r\naffidavits, including time limitations for the submission of documents

and information regarding\r\ncertification applications and contract participation.

The CCD is authorized to collect certification and\r\nrecertification processing

fees in the amount of $250.00 per Application; the collection of said processing\r\nfees

shall be transacted by the CCD through the Bureau of Finance.\r\n(2) Providing information

and assistance to PCEs and Small Businesses relating to the Program,\r\nand serve

as a liaison to community, contractor, professional and supplier groups, and associations\r\nand

organizations.\r\n(3) Establishing uniform procedures and criteria for certifying,

recertifying and decertifying\r\nPersons as PCEs, accepting certifications by other

agencies, and maintaining a directory of Certified PCEs.\r\nSuch procedures and

criteria shall include non-certification or decertification for the willful submission

of\r\nfalse or inaccurate material information, the failure to submit complete and

accurate material information\r\nto the CCD regarding certification, or a Procurement

on a timely basis, and shall relate individually and\r\njointly to both PCEs and

PCE owners.\r\n(4) Establishing Contract Specific Goals, in collaboration with the

User Department, based upon\r\nthe availability of PCEs to provide the supplies,

materials and equipment or services required by the\r\nContract.\r\n***\r\nPage

9 of 59\r\nSec. 34-267. - Program goals.\r\n(a) The County aspires to the following

annual Program Goals: A goal of 25 percent of the annual\r\ntotal dollar amount

of Contracts other than Public Works Contracts to MBEs, and ten percent of the total\r\ndollar

amount of such Contracts to WBEs. In addition, the County sets an aspires to annual

“best efforts”\r\ngoal of 35 percent PCE participation for the total professional

services and consulting services utilized by\r\nthe County.\r\n(b) The CCD, following

the compilation and stringent review of the most current data that is\r\nfeasibly

and practicably available relative to the availability of MBEs and WBEs who have

the capacity to\r\nsuccessfully supply the relevant goods and services, and in consultation

with the CPO and the Using\r\nAgency, shall establish Contract Specific Goals for

each Contract, which shall be incorporated into each\r\nbid and request for proposal.

In establishing a Contract Specific Goal, the CCD shall consider the\r\navailability

of sufficient Certified MBEs and WBEs for the supplies, equipment, goods, or services

and the\r\nCCD shall consider the availability of sufficient Certified PCEs for

the services required as part of the\r\nProcurement.(c) No goal shall be treated

as a quota nor shall it be used to discriminate against any Person\r\non the basis

of race, color, national origin, religion or sex.\r\nSec. 34-268. - Certification

criteria and process.\r\n(a) Only Persons that meet the criteria for certification

as a PCE may participate in the Program.\r\nThe applicant has the burden of proof

by a preponderance of the evidence.\r\n(b) The Person must be either an individual

who is Socially and Economically Disadvantaged or\r\n51 percent Owned by one or

more individuals who are Socially and Economically Disadvantaged.\r\n(1) The Ownership

by a Socially and Economically Disadvantaged Person must be real, substantial,\r\nand

continuing, going beyond pro forma ownership of the Person as reflected in Ownership\r\ndocuments.

The owner(s) must enjoy the customary incidents of ownership and share in the risks

and profits\r\ncommensurate with that ownership interest.\r\n(2) The contributions

to acquire the Ownership interest must be real and substantial, direct, and in\r\naccord

with generally accepted industry standards. If expertise is part of the contribution,

the Expertise\r\nmust be of the requisite quality generally recognized in a specialized

field, necessary to the Person's\r\npotential success, specific to the type of work

the Person performs and documented in the Person's records.\r\nThe individual whose

Expertise is relied upon must have a commensurate financial investment in the firm.\r\n***\r\n(f)

The County shall certify the eligibility of Joint Ventures involving MBEs or WBEs

PCEs and\r\nnon-Certified Firms, provided that the Joint Venture meets the criteria

for certification as an MBE or\r\nWBEPCE. To be considered an eligible Joint Venture,

at least one partner of the Joint Venture must be a\r\nCertified Firm, with a share

in the capital contribution, control, management, risks, and profits of the Joint\r\nVenture

which is equal to its ownership interest. Each Certified Firm partner must contribute

property,\r\ncapital, efforts, skill and knowledge and be responsible for a distinct,

clearly defined portion of the work of \r\nPage 10 of 59\r\nthe contract. Joint

Ventures must have an agreement in writing specifying the terms and conditions of

the\r\nrelationships between the partners and their relationship and responsibility

to the contract.\r\n(g) In lieu of conducting its own certifications, the CCD by

rule may accept formal certifications\r\nby other entities, provided that Cook County's

requirements are met.\r\n(h) The certification status of all MBEs and WBEsPCEs shall

be reviewed periodically by the\r\nOffice of Contract Compliance. Failure of the

Person to seek recertification by filing the necessary\r\ndocumentation with the

CCD as provided by rule may result in decertification.\r\n(i) It is the responsibility

of the Certified PCE to notify the CCD of any change in its circumstances\r\naffecting

its continued eligibility for the Program. Failure to do so may result in the PCE's

decertification.\r\n(j) The CCD shall decertify a PCE that does not continuously

meet the eligibility criteria.\r\n(k) Disqualification pursuant to Division 4 of

the Procurement Code shall create a prima facie case\r\nfor decertification by the

County. The challenged PCE shall have the burden of proving that its County\r\ncertification

should be maintained.\r\n(l) Decertification by another agency shall create a prima

facie case for decertification by the\r\nCounty. The challenged PCE shall have the

burden of proving that its County certification should be\r\nmaintained.\r\n(m)

PCEs shall submit to the CCD complete and accurate material information, and shall

not submit\r\nto the CCD false, deceptive, fraudulent, or inaccurate material information,

relative to (1) its status as a\r\nPCE; (2) certification or recertification; (3)

proposed or actual contract participation; and (4) any other\r\nmatter that arises

during an investigation by the CCD or another County official, and shall be subject

to the\r\npenalties set forth in Section 34-275 for a violation of this subsection.\r\n(mn)

A Person that has been denied certification or recertification or has been decertified

may\r\nprotest the denial or decertification by submitting a petition for review

in a proceeding made pursuant to\r\nPart I, Chapter 2, Article IX, Administrative

Hearings, and the Administrative Rules promulgated\r\nthereunder.\r\n(no) A Person

found to be ineligible for certification or continuing certification for reasons

other\r\nthan those referenced in Section 34-275 may not apply for certification

for one year after the effective date\r\nof the final decision.\r\n(op) A third

party may challenge the eligibility of an applicant for Certification or a Certified

PCE\r\npursuant to procedures established by the CCD. Such challenges shall be signed

and sworn by the individual\r\nchallenging the eligibility of an applicant for Certification

or a Certified PCE. The burden of proof shall\r\nrest with the complainant. Such

challenges to eligibility shall be subject to an appeal. The CCD shall be the\r\nfinal

arbiter of all challenges. The presumption that the challenged PCE is eligible shall

remain in effect\r\nuntil the CCD renders a final decision.\r\nPage 11 of 59\r\nSec.

34-269. - Utilization plan; commercially useful function.\r\n(a) Utilization Plan.

The CPO shall include in Contract Documents for Contracts covered by this\r\nDivision

a requirement that a Utilization Plan be submitted which either: (i) commits to

PCE participation\r\nequal to or greater than the applicable Program Goals or Contract

Specific Goal or Goals, or (ii) requests a\r\nwaiver of all or a portion of a Program

Goal or Contract Specific Goal.\r\n(1) The Utilization Plan shall be in such form

and contain such information as is required by the\r\nCCD, and may include such

components as direct PCE participation, indirect PCE participation, and a\r\nmentoring

relationship with one or more PCEs.\r\n(2) The Utilization Plan shall be due at

the time the bid or /proposal is due. In the event a bid or\r\nproposal leads to

a Contract with the County, the Utilization Plan as approved by the CCD shall be\r\nincorporated

as a material commitment as between the contractor and all relevant PCEs and the

contractor\r\nand the County. Failure to include a Utilization Plan shall will render

the bid or proposal submission not\r\nResponsive.\r\n(3) The CCD shall review and

either approve or reject the Utilization Plan. For purposes of\r\nevaluation evaluating

a Utilization Plan, only PCEs which perform a Commercially Useful Function\r\nrelative

to the supplies, equipment, goods, services, or types of work for which the PCE

has been certified\r\nshall be considered.\r\n(4) Once a Utilization Plan has been

approved, the Contractor may not cannot make changes to the\r\nUtilization Plan,

including substituting PCEs named in the Utilization Plan, without the prior written\r\napproval

of the CCD, in consultation with the CPO and the Using Agency. Upon such written

approval by\r\nthe CCD, the revised Utilization Plan shall be incorporated into

the Contract by the CPO. The CCD shall\r\npromulgate policies and procedures with

respect to for changes to a the Utilization Plan.\r\n(b) Commercially Useful Function.

To be considered in meeting Goals, a PCE must perform a\r\nCommercially Useful Function.\r\n(1)

In the case of a Procurement of supplies, equipment, or goods, placing an order

for delivery\r\ndirectly to the Using Agency is not a Commercially Useful Function;

provided, however, that to the extent\r\nsuch practice is consistent with normal

industry practices, a PCE subcontractor may enter into second tier\r\nsubcontracts.

However, if a PCE Contractor or subcontractor subcontracts a significantly greater

portion of\r\nthe work of the Contract than would be expected on the basis of normal

industry practices, the PCE shall\r\nbe presumed not to be performing a Commercially

Useful Function.\r\n(2) In the case of a Procurement of services, a Person which

subcontracts with another Person to\r\nperform the services required does not perform

a Commercially Useful Function unless such Person also\r\nperforms significant supervisory

or management responsibilities. In the case of a Joint Venture partner,\r\neach

Joint Venture partner must perform a Commercially Useful Function.\r\n(3) A PCE

does not perform a Commercially Useful Function if its role is limited to that of

an\r\nextra participant in the Contract through which funds are passed in order

to obtain the appearance of PCE\r\nparticipation.\r\nPage 12 of 59\r\n(4) When a

PCE is presumed not to be performing a Commercially Useful Function, the Certified\r\nPCE

and the Person seeking to include that PCE in its Utilization Plan, may present

evidence to rebut this\r\npresumption.\r\nSec. 34-270. - Methods to achieve goals

and compliance.\r\nA Person may achieve the applicable Contract Specific Goals in

any one or more of the methods\r\nset forth below. The same PCE, whether as a contractor,

subcontractor or supplier, may not cannot be\r\nutilized duplicatively as both an

MBE and a WBEon the same Contract.\r\n(1) PCE as prime Contractor. An MBE or WBE

may count its own participation toward the\r\nachievement of the applicable MBE

or WBE goal. Such PCE will be required to meet the other goals by\r\nanother method

described herein. If a PCE is certified as a WBE and is also a MBE, such PCE’s WBE's\r\nparticipation

may count toward either the MBE or WBE Goalbut not both.\r\n(2) Joint Venture with

one or more PCE. Where a Person engages in a Joint Venture with one or\r\nmore PCEs,

the Utilization Plan shall include a written agreement containing at least the information

set\r\nforth in this Subsection34-384(ii)1 through 4 [(2)a. through d.] below. The

CCD shall consider the\r\nfollowing in determining whether the proposed Utilization

Plan satisfies the Program Goals based upon\r\nsuch written Joint Venture agreement

and the Utilization Plan.\r\na. Each Joint Venture partner's initial capital investment;\r\nb.

The extent to which the each PCE's’ proposed participation in the performance of

the\r\nContract constitutes a Commercially Useful Function;\r\nc. Whether the relevant

PCE's shares in the risks and profits of the Joint Venture is proportional\r\nto

their ownership interest;\r\nd. Whether the relevant PCE will have duties, responsibilities,

management Control and risk with\r\nrespect to the Joint Venture in proportion to

its ownership interest;\r\n(3) Subcontracting. A Person may achieve the Contract

Specific Goals by means of subcontracting\r\nwith, or purchasing from one or more

PCEs.\r\nSec. 34-271. - Request for a total or partial waiver; good faith efforts.\r\n(a)

Parties submitting bids or proposals for Procurements may in all instances request

a partial or\r\nfull waiver of one or more established contract-specific Goal for

PCE participation. In reviewing a request\r\nfor a partial or total request for

waiver of a Contract Specific Goal, the CCD shall determine whether a\r\nPerson

has made good faith efforts to meet the applicable Goals and to what extent the

waiver request\r\nshould be granted. In determining whether a Person has made Good

faith efforts, the CCD will consider\r\nwhether the Person has taken the following

actions:\r\n(1) Reviewed lists of PCEs maintained by the County and other State

and local governments and\r\nagencies to identify qualified PCEs for solicitation

for Bids;\r\nPage 13 of 59\r\n(2) Divided Procurement requirements into small tasks

or quantities. This shall include, where\r\nappropriate, breaking out Contract work

items into economically feasible units, consistent with the\r\navailability of PCEs,

to facilitate PCE participation, even when the Contractor would otherwise prefer

to\r\nperform these work items with its own forces;\r\n(3) Adjusted any insurance

requirements imposed by the Person seeking PCEs, or otherwise assist\r\nPCEs in

obtaining any required insurance, where economically feasible, to encourage participation

by\r\nPCEs;\r\n(4) Make Made timely attempts to contact PCEs providing the type

of supplies, equipment, goods\r\nor services required for the Procurement; and provide

them with a convenient and timely opportunity to\r\nobtain and review all information

concerning the Procurement necessary to enable such PCE to respond;\r\n(5) Followed

up initial contacts of PCEs to determine if they are interested participating in

the\r\nProcurement;\r\n(6) Negotiated in good faith and on a timely basis with PCEs

to enable them to participate in the\r\nProcurement. Evidence of such negotiation

includes the names, addresses, and telephone numbers of PCEs\r\nthat were contacted;

a description of the information provided regarding the plans and specifications

for the\r\nwork selected for subcontracting; and why agreements could not be reached.

The Contractor may not reject\r\nPCEs as being unqualified without sound reasons.

That there may be some additional costs involved in\r\nfinding and using PCEs is

not in itself sufficient reason for a Contractor's failure to meet the Goals, as

long\r\nas such costs are reasonable;\r\n(7) Make Made efforts to assist interested

PCEs in obtaining necessary equipment, supplies,\r\nmaterials, or related assistance

or services, where appropriate; provided, however, that such efforts shall\r\nnot

be inconsistent with the requirement that the PCE be responsible for actually obtaining

and paying for\r\nsuch items;\r\n(8) Established delivery schedules which will encourage

participation by PCEs, where the\r\nrequirements of the Procurement permit;\r\n(9)

Used the services and assistance of the CCD's staff, the Small Business Administration,

the\r\nOffice of Minority Business Enterprises of the U.S. Department of Commerce;\r\n(10)

Timely notify notified appropriate community and minority and women's business\r\norganizations

identified as assist agencies of the opportunity for participation in the Procurement;\r\n(11)

Maintains or commits to establish and maintain a mentor-protégé agreement with one

or more\r\nPCEs that is enforceable and that, in the judgment of the CCD, has performance

standards and outcomes\r\nthat are clearly established and effective in terms of

assisting the PCE in acquiring additional skills,\r\nexperience, and relationships

helpful to the long-term success of the PCE, consistent with the provisions of\r\nSection

34-271(d). Demonstrate to the CCD that no PCE exists with which a mentor/protege

relationship\r\ncould be established, as described in Section 34-271.\r\n(b) In

determining whether a Bidder or Respondent has made Good Faith Efforts, the levels

of\r\nparticipation by PCEs set forth in Utilization Plans submitted by other Persons

for the same Procurement \r\nPage 14 of 59\r\nmay be considered. For example, if

the apparent successful Bidder or Respondent fails to meet the Contract\r\nSpecific

Goals, but meets or exceeds the average PCE participation obtained by other Bidders

or\r\nRespondents, this may be evidence that the apparent successful Bidder or Respondent

made Good Faith\r\nEfforts.\r\n(c) Where the County requires professional services,

the County must be able to call upon those\r\nprofessionals whose particular training

and experience are most beneficial to the County.\r\n(1) A Utilization Plan shall

be required, and if a waiver or partial waiver is requested, \"good faith\"\r\nefforts

shall be demonstrated as set forth in Section 34-271; provided, however, that such

Persons shall not\r\nbe required to attempt to subcontract with PCEs if subcontractors

would not typically be utilized for the\r\ntype of Procurement. In such cases, the

Person shall document the reasons for not subcontracting in a waiver\r\nrequest.\r\n(2)

The Contractor will endeavor to maximize use of PCEs for supplies, equipment, goods

or\r\nservices for such Contractor's business operations not specifically for the

Procurement.\r\n(3) If such Person is required to have or has an affirmative action

plan and goals, such plan and\r\ngoals shall be submitted with their Utilization

Plan. The CCD shall compare such plan and goals with the\r\nPerson's actual affirmative

action achievements and such achievements may be considered by the County\r\nin

future Procurements.\r\n(d) Mentor/protégé agreements. Where a Contractor enters

into or maintains a mentor/protege\r\nagreement with a PCE to improve or develop

certain aspects of the business of the PCE, the CCD shall\r\nevaluate the effect

of such agreement as a factor in determining good faith efforts. The mentor/protégé\r\nagreement

may provide for the Contractor to assist the PCE in such areas as technical aspects

of the PCE's\r\nbusiness, improving financial management, or providing on-the-job

training. To constitute good faith\r\nefforts, the mentor/protégé agreement shall

satisfy the following requirements.\r\n(1) The PCE performs a Commercially Useful

Function;\r\n(2) The agreement shall be included in the Utilization Plan; and\r\n(3)

The agreement clearly defines the respective responsibilities of the Contractor

and the PCE and\r\nincludes specific, measurable goals to be attained by both parties

through the performance of the agreement.\r\nIn order to be a factor in establishing

best efforts, the mentor/protégé agreement must be for a reasonable\r\nperiod of

time.\r\n(e) The CCD may grant a total or partial waiver based upon the following

criteria:\r\n(1) There are not sufficient PCEs capable of providing the supplies,

equipment, goods or services\r\nrequired for the Procurement;\r\n(2) The Procurement

cannot reasonably be divided;\r\n(3) The price required by potential PCEs is more

than ten percent above competitive levels; and\r\n(4) Any other factor relating

to good faith efforts as set forth in the Person's Utilization Plan.\r\nPage 15

of 59\r\nSec. 34-272. - Calculating PCE participation.\r\n***\r\n(g) If, for reasons

associated with malfeasance, fraud, or other factors set forth in Section 34-\r\n268(m),

a PCE ceases to be certified during its performance on a Procurement, the dollar

value of work\r\nperformed under a Contract with that PCE Person after it has ceased

to be certified shall not be counted. If\r\nfor other factors not associated with

malfeasance, fraud, or other factors set forth in Section 34-268(m), a\r\nPCE ceases

to be certified during its performance on a Procurement, the dollar value of work

performed\r\nunder a Contract with that PCE Person after it has ceased to be certified

shall be counted for the remaining\r\nterm of the Contract.\r\n(h) Only the dollar

amount actually paid to the PCE shall be counted toward the participation of a\r\nPCE.\r\nSec.

34-273. - Review of contract performance.\r\n(a) Compliance with Utilization Plan.

The CCD shall review the Contractor and PCE's compliance\r\nwith its Utilization

Plan as necessary during the performance of the Contract. The CCD may establish

such\r\nrequirements for periodic Contractor and PCE reporting on compliance with

its Utilization Plan as the CCD\r\ndetermines appropriate and necessary. A Contractor

and PCE shall be required to provide any additional\r\nrequested compliance documentation

within 14 days of request by the CCD.\r\n(1) If the CCD determines that the Contractor

or PCE has failed in good faith to comply with its\r\na Utilization Plan and has

failed to provide a cure accepted by the CCD in his or her discretion, the CCD\r\nshall

notify the CPO of such failure. The CPO shall then send notice of default to the

Contractor or PCE,\r\nor both, and the Contractor and PCE shall have such time to

cure the default as is provided in the Contract.\r\nIf no such period is provided,

the Contractor or PCE, as the case may be, shall have ten days to cure such\r\ndefault.

For purposes of this section, providing a plan for bringing the Contract into compliance

with the\r\nUtilization Plan may constitute a cure, if compliance cannot reasonably

be achieved within the applicable\r\ncure period, and if compliance is achieved

in accordance with such plan.\r\n(2) If a Contractor or PCE fails to provide any

documentation required by the CCD, the CCD shall\r\nnotify the CPO of such failure.

The CPO shall then send notice of default to the Contractor or PCE,\r\nand the Contractor

or PCE shall have such time to cure the default as is provided in the Contract.

If no such\r\nperiod is provided, the Contractor shall have ten days to cure such

default.\r\n***\r\nSec. 34-275. - Sanctions and penalties.\r\n(a) In addition to

such penalties as are provided in Section 34-175 and Section 34-176, the following\r\nviolations

of this Section may result in an imposition of penalties as provided herein:\r\n(1)

A PCE who violates Section 34-268(m) shall not be eligible for certification for

a period of up\r\nto five years and shall be liable for a fine of $2,500.00, and

such sanctions shall apply jointly and\r\nindividually to the PCE and the relevant

PCE owner or owners.\r\nPage 16 of 59\r\n(2) A Contractor who fails to provide complete

and accurate information, or who provides false,\r\ndeceptive, fraudulent, inaccurate,

or misleading information, to the County in connection with proposed or\r\nactual

contract participation or another other matter that arises during an investigation

by the CCD or\r\nanother County official shall be liable for a fine of $2,500.00,

and such sanction shall apply jointly and\r\nindividually to the Contractor and

the relevant Contractor owner or owners.\r\n(3) A Contractor or PCE who fails in

good faith to comply with the requirements of a Utilization\r\nPlan shall be liable

for a fine of $2,500.00, and such sanction shall apply jointly and individually

to the\r\nContractor and the relevant Contractor owner or owners, and the PCE and

the relevant PCE owner or\r\nowners.\r\n(4) A party who has a fine outstanding under

this Section for more than 30 days after final\r\nadjudication shall be ineligible

for certification for a period of up to five years from the date of final\r\nadjudication.\r\n(5)

The CCD may recommend to the County’s Chief Procurement Officer that a Contractor,\r\nsubcontractor,

or PCE be disqualified from participation in a County contract for period of up

to five years\r\nand contractually penalized in the manner and degree identified

by the CCD, pursuant to the Procurement\r\nCode, for a violation of this Section.\r\n(b)

In the event a party wishes to pursue administrative review, under Section 34-178,

of the CCD's\r\ndecision or determination relative to the denial or revocation of

certification, or the imposition of a penalty\r\nunder Section 34-175, Section 34-176

or this Section, said party shall, within 60 days of the Final Notice\r\nissued

by the CCD, seek administrative review by submitting a written petition to both

the Department of\r\nAdministrative Hearings and the CCD, which petition may be

supported by information, documents, and\r\narguments, provided that the information

and documents so submitted were available to and in the\r\npossession of the CCD

at the time of the Final Notice, and the administrative hearing process shall be\r\nlimited

to such documents and information as were available to and in possession of the

CCD at the time\r\nof such Final Notice, In such administrative review, the petitioning

party shall have the burden of proving,\r\nby a preponderance of evidence, that

CCD's decision or determination, as set forth in the Final Notice, is\r\nclearly

erroneous.\r\nSec. 34-2756. - Reporting and review.\r\nThe CCD shall report to the

Board on an annual basis with respect to the following:\r\n(1) The percentage of

the total dollar amount of Procurements for such year actually received by\r\nPCEs;\r\n(2)

The number of MBEs and WBEs available for participation in Procurements, by category;\r\n(3)

An evaluation of the effectiveness of this division in ensuring equitable participation

by PCEs\r\nin Procurements;\r\n(4) An assessment of the continuing need for the

Program;\r\n(5) Identification of any enforcement problems; and\r\nPage 17 of 59\r\n(6)

Any recommendations with respect to modifying or improving the Program, including\r\ndiscontinuing

or modifying Program Goals in those cases where Minority Business Enterprises and\r\nWomen's

Business Enterprises no longer are disadvantaged by the effects of discrimination

in their\r\nparticipation in Procurements.\r\nSec. 34-2767. - Prohibited provisions.\r\nAny

agreement between a Contractor and a MBE or WBE in which the Contractor requires

that the\r\nMBE or WBE not provide subcontracting quotations to other Contractors

is prohibited.\r\nSec. 34-278. Outreach and Training.\r\nThe CCD shall from time

to time, by way of seminars, workshops, and internet-based\r\ncommunications, make

available to the business community such information, documents, and personnel\r\nas

well as:\r\n(a) Assist otherwise eligible businesses in applying for, gaining, and

maintaining certification.\r\n(b) Assist the business community in understanding

the manner in which to properly complete a\r\nUtilization Plan including how a full

or partial waiver may be requested, and the manner in which such a\r\nrequest may

be supported.\r\n(c) Identify best practices by other governmental entities and

private sector firms that may improve\r\nthe Program/.\r\n(d) Identify systemic

or organizational problems and related solutions associated with certification\r\nand

contract participation.\r\nSecs. 34-279. - Program review and sunset.\r\n(a) The

President and the Board of Commissioners shall receive quarterly and annual reports

from\r\nthe CCD detailing the County's performance under the Program.\r\n(b) The

President and the Board of Commissioners will review these reports, including the

Annual\r\nParticipation Goals and the County's progress towards meeting those Goals

and eliminating discrimination\r\nin its contracting activities and marketplace.\r\n(c)

Within five years after the effective date of this ordinance, the County will review

the operation\r\nof the Program and the evidentiary basis for the Program in order

to determine whether the County has a\r\ncontinuing compelling interest in remedying

discrimination against MBEs and WBEs in its marketplace,\r\nand the permissible

scope of any narrowly tailored remedies to redress discrimination against MBEs or\r\nWBEs

so that the County will not function as a passive participant in a discriminatory

marketplace.\r\n(d) This subdivision shall sunset on or before June 30, 2021\r\n***\r\nPage

18 of 59\r\nSubdivision II. - Participation in Cook County Public Works Contracts\r\nSec.

34-285. - Short title; incorporation of provisions.\r\nThis Subdivision may be known

and cited as the \"Cook County Public Works Minority- and\r\nWomen-Owned Business

Enterprise Ordinance\" and may be cited as such.\r\nSec. 34-286. - Preface and Findings.\r\n(a)

The findings set forth in Subdivision I, Section 34-261 of this Division 8 are incorporated

herein\r\nby this reference;\r\n(b) After the requirement in Subdivision I that

Minority- and Women-Owned Businesses\r\n(M/WBEs) be allotted certain percentages

of County construction contracts was ruled unconstitutional, the\r\nCounty witnessed

a drastic reduction in M/WBE construction prime contract and subcontract participation;\r\n(c)

The President and the Board of Commissioners of the County of Cook, after considering:\r\n(1)

Evidence presented at trial in Builders Association of Greater Chicago v. City of

Chicago, 298\r\nF.Supp.2d 725 (N.D. Ill. 2003) and Northern Contracting Inc. v.

Illinois Department of\r\nTransportation, 2005 U.S. Dist. LEXIS 19868 (N.D. Ill.

Sept. 8, 2005);\r\n(2) County statistical evidence of continuing discrimination

against Blacks, Hispanics, Asians and\r\nwomen in the County's Procurements;\r\n(3)

The Report title, \"Review of Compelling Evidence of Discrimination Against Minority-

and\r\nWomen-Owned Business Enterprise in the Chicago Area Construction Industry

and\r\nRecommendations for Narrowly Tailored Remedies for Cook County, Illinois;\"

as well as;\r\n(4) Anecdotal evidence of discrimination against minorities and women

in the County's Public\r\nWorks Contracts; and\r\n(5) Receiving and considering

written reports, adopts the following findings as a strong basis in\r\nevidence

supporting a narrowly tailored, remedial affirmative action program in Public Works\r\nContracts;\r\n(d)

The County seeks to provide a level playing field and equal access for all prime

contractors and\r\nsubcontractors to participate in Public Works Contracts;\r\n(e)

The County continues to be is committed to implementing an its affirmative action

program\r\nassociated with local small businesses owned by economically disadvantaged

minorities and women in\r\nconformance with the United States Supreme Court's decision

in City of Richmond v. Croson and other\r\nrelevant law.\r\n(f) In furtherance of

this commitment, the Board and the President of the Board, supported by\r\nCounty

staff , professionals, and consultants, conducted an investigation to determine

whether and to what\r\ndegree (1) there continues to be discrimination in County

Procurements, and in the award of and\r\nparticipation in contracts in the metropolitan

County economy; (2) such discrimination or the effects thereof\r\nhas denied and

continues to deny small and economically disadvantaged minority and women's business

\r\nPage 19 of 59\r\nenterprises equal opportunity to participate in such Procurements

and contracts; (3) small businesses owned\r\nand managed by economically disadvantaged

minorities and women in the County Marketplace experience\r\ndisparate negative

impacts in terms of participating in public and private transactions, including

but not\r\nlimited to transactions with the County, those private enterprises with

whom it does business, and other\r\nprivate enterprises; (4) small, economically

disadvantaged businesses owned and managed by minorities\r\nand women in the County

Marketplace experience reduced earnings; (5) the formation of businesses owned\r\nand

managed by minorities and women in the County Marketplace is disproportionately

low; (6) there\r\ncontinues to be a chronic lack of wealth, business loans, and

financial liquidity among the County’s\r\nminority communities and among minorities

who own and operate their own small businesses; (7) the\r\ndisproportionate levels

of poverty among minorities in the County and any of the foregoing elements\r\ndetrimentally

affect the County’s efforts to protect and promote public safety, health and welfare,

and to\r\nidentify the appropriate affirmative action steps to be taken to eliminate

any such discrimination, obstacles,\r\nand poverty and their continuing effects.\r\n(eg)

The County has engaged in committee hearings collected and analyzed data, conducted\r\ninterviews

with stakeholders, and otherwise conducted a study of its Program to determine whether

and to\r\nwhat degree disparities exist relative to the participation of minority

and woman-owned businesses in\r\nCounty and non-County contracts “Cook County, Illinois

Disparity Study 2015\" (the \"NERA Disparity\r\nStudy\") on the levels of PCE participation

in Public Works Contracts, and has considered the evidence in\r\nrelevant case law;

and\r\n(fh) The NERA Disparity Study entails made recommendations for an revised

improved Minorityand\r\nWomen-owned business program for construction contracting,

emphasizing the establishment of\r\nProject-specific goals, implementation of race-

and gender-neutral measures, and enhancements to data\r\ngathering, implementation

and performance monitoring of the program;\r\n(gi) The County has a compelling interest

in preventing discrimination and desires to reaffirm its\r\ncommitment to full and

fair opportunities for all firms to participate in its construction contracts.\r\nSec.

34-287. - Policy and purpose.\r\nIt is hereby found, determined and declared that

the purpose of this Ordinance is to ensure the full\r\nand equitable participation

of local small businesses owned by economically disadvantaged Mminority-ies\r\nand

Wwomen-Owned Business Enterprises in the County's procurement process as both prime

and\r\nsubcontractors in the County's Public Works contracts. The County is committed

to a policy of preventing\r\ndiscrimination in the award of or participation in

Public Works contracts and has recommended appropriate\r\nnarrowly tailored remedies

to eliminate any such discrimination.\r\n***\r\nSec. 34-290. - Definitions.\r\nThe

following terms shall have the following meanings:\r\nAffiliate. An \"Affiliate\"

of or a Person \"Affiliated\" with, a specified Person shall mean any Person\r\nthat

directly or indirectly through one or more intermediaries, Controls, is Controlled

by, or is under \r\nPage 20 of 59\r\ncommon Control with, the Person Specified.

Affiliates shall be considered together in determining whether\r\na firm is a small

business.\r\nAnnual Participation Goals means the targeted levels established by

the County for the annual\r\naggregate participation of MBEs and WBEs in County

construction contracts.\r\nApplicant means a person who submits documents and information

seeking certification, continued\r\ncertification, or re-certification as an MBE,

or WBE, VBE, or SDVBE to the Office of Contract\r\nCompliance.\r\nBroker means a

Person who or which neither manufactures the supplies, equipment or goods\r\nsupplied

nor owns or operates a store, warehouse or other establishment (and related distribution\r\nequipment)

in which it maintains, consistent with industry standards, an inventory of the supplies,\r\nequipment

or goods required for performance of the Contract for sale in the normal course

of business. A\r\nBroker provides no substantial service other than acting as a

conduit between his or her supplier and his or\r\nher customer.\r\nBusiness means

a sole proprietorship, partnership, corporation, limited liability company, Joint\r\nVenture

or any other business or professional entity.\r\nCertified or certification means

the granting of Minority Business Enterprise, or Women's Business\r\nEnterprise

status to an Applicant.\r\nCertified firm means a firm that has been accepted by

the County as a certified MBE or WBE.\r\nContract means any Procurement or Contract

(as defined in Section 34-121) in an amount\r\nexceeding $25,000.00.\r\nContractor

means any Business that seeks to enter into a construction contract with the County,\r\nother

than for professional services, and includes all partners and Affiliates Business.\r\nCommercially

Useful Function means responsibility for the execution of a distinct element of

the\r\nwork of the contract, which is carried out by actually performing, managing,

and supervising the work\r\ninvolved, or fulfilling such responsibilities as a Joint

Venture partner.\r\nCompliance Contract Director or \"CCD\" means the Contract Compliance

Director.\r\nCounty means the County of Cook and its participating User Departments.\r\nContract

means any Procurement or Contract (as defined in Section 34-121) in an amount\r\nexceeding

$25,000.00.\r\nContract Specific Goals means the goals established under Section

34-267(b) that are based upon\r\nrelevant factors, including, but not limited to,

the availability of MBEs or WBEs relative to the scope of\r\nwork of the Project.\r\nCounty's

Marketplace means the six-county region, currently the counties of Cook, DuPage,

Kane,\r\nLake, McHenry and Will.\r\nPage 21 of 59\r\nDoing Business means having

a physical location from which to engage in for-profit activities in\r\nthe scope(s)

of expertise of the Business.\r\nEconomically Disadvantaged means having an individual

with a Personal Net Worth less than\r\n$2,000,000.00, indexed annually for the Chicago

Metro Area Consumer Price Index for Urban Wage\r\nEarners and Clerical Workers,

published by the U.S. Department of Labor, Bureau of Labor Standards,\r\nbeginning

January 2008.\r\nExpertise means demonstrated skills, knowledge or ability to perform

in the field of endeavor in\r\nwhich certification is sought by the Business, as

defined by normal industry practices, including licensure\r\nwhere required.\r\nGood

Faith Efforts means actions undertaken by a Contractor pursuant to Section 34-271

to achieve\r\nan MBE or WBE goal, which, by their scope, intensity, and appropriateness

to the objective, can reasonably\r\nbe expected to fulfill the Program's goals.\r\nJoint

Venture means an association of two or more Businesses proposing to perform a for-profit\r\nbusiness

enterprise. Joint Ventures must have an agreement in writing specifying the terms

and conditions\r\nof the relationships between the partners and their relationship

and responsibility to the contract.\r\nLocal Business means a Business located within

the County's Marketplace which has the majority\r\nof its regular, full-time work

force located within the County's Marketplace.\r\nLocal Small Business means a Local

Business which is also a Small Business.\r\nManufacturer means a firm that operates

or maintains a factory or establishment that produces, on\r\nthe premises, the materials,

supplies, articles, or equipment required under the contract and of the general\r\ncharacter

described by the specifications.\r\nMinority Business Enterprise or MBE means a

Local Small Business, including a sole\r\nproprietorship, partnership, corporation,

limited liability company, Joint Venture or any other business or\r\nprofessional

entity:\r\n(1) Which is at least 51 percent owned by one or more Minority Individuals

who are economically\r\ndisadvantaged, or in the case of a publicly owned business,

at least 51 percent of all classes of the stock of\r\nwhich is owned by one or more

such Minority Individuals;\r\n(2) Whose management, policies, major decisions and

daily business operations are independently\r\nmanaged and Controlled by one or

more such Minority Individuals; and\r\n(3) Which has its principal place of business

and a majority of its regular, full-time workforce\r\nlocated within the County's

Marketplace.\r\nMinority Individual means an individual in one of the following

groups:\r\n(1) African-Americans or Blacks, which includes persons having origins

in any of the Black racial\r\ngroups of Africa;\r\nPage 22 of 59\r\n(2) Hispanic-Americans,

which includes persons who are Mexican, Puerto Rican, Cuban,\r\nCaribbean, Dominican,

Central or South American, regardless of race;\r\n(3) Native-Americans, which includes

persons who are American Indians, Eskimos, Aleuts, or\r\nNative Hawaiians;\r\n(4)

Asian-Americans (persons whose origins are in any of the original peoples of the

Far East Asia,\r\nSoutheast Asia, the islands of the Pacific or the Northern Marianas,

or the Indian Subcontinent); or\r\n(5) Other groups, including, but not limited

to, Arab-Americans, found by the County to be socially\r\ndisadvantaged by having

suffered racial or ethnic prejudice or cultural bias within American society,\r\nwithout

regard to individual qualities, resulting in decreased opportunities to compete

in the County's\r\nMarketplace.\r\nOwned means having all of the customary incidents

of ownership, including the right of disposition,\r\nand the sharing in all of the

risks profits, and responsibilities and profits commensurate with the degree of\r\nownership

interest.\r\nPersonal Net Worth means the net value of the assets of an individual

after total liabilities are\r\ndeducted. An individual's personal net worth does

not include the individual's ownership interest in an\r\napplicant or other Certified

MBE or WBE, provided that the other Person is certified by a governmental\r\nagency

that meets the County's eligibility criteria or the individual's equity in his or

her primary place or\r\nresidence. As to assets held jointly with a spouse, an individual's

Personal Net Worth includes only that\r\nindividual's share of such assets. An individual's

Personal Net Worth also includes the present value of the\r\nindividual's interest

in, individual retirement accounts, or other retirement savings or investment programs\r\nless

the tax and interest penalties that would be imposed if the asset were distributed

at the present time,\r\nand shall not include future payments receivable from a

pension or Social Security.\r\nProgram means the means the Minority- and Women-Owned

Businesses Enterprise Program\r\nestablished in subdivision I. Program established

by the Minority- and Women-Owned Business Enterprise\r\nInterim Ordinance.\r\nProject

Specific Goals means the Goals (as set forth in Section 34-295) established for

a particular\r\nproject or contract based upon the availability of MBEs or WBEs

in the scopes of work of the Project.\r\nProtected Class Enterprise or PCE shall

mean an business meeting the definitions of Minority\r\nBusiness Enterprise and

Women's Business Enterprise as set forth in this section.\r