HomeMy WebLinkAbout125-O-21 Amending Section 1-17-1 of the City Code Concerning Minority and Women Owned Business Requirements11/16/21
125-0-21
AN ORDINANCE
Amending Section 1-17-1 of the City Code Concerning
Minority and Women Owned Business Requirements
NOW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS, THAT:
SECTION 1: City Code Section 1-17-1 "Purchases of Goods or
Services" of the Evanston City Code of 2012, as amended, is hereby amended to add
as follows:
1-17-1. - PURCHASES OF GOODS OR SERVICES.
(D) Minority, women, and Evanston business enterprise (M/W/EBE) goals.
1. Definitions. For the purposes of this Subsection (D), Minority, Women and Evanston
Business Enterprise (M/W/EBE) Goals, the following terms shall be defined as follows:
EVANSTON-OWNED BUSINESS
ENTERPRISE or EBE.
MINORITY -OWNED BUSINESS
ENTERPRISE or MBE.
An entity which is located in or has one
(1) or more offices located in the City for
a minimum of one (1) year and which
performs a "commercially useful
function." The business must be certified
by the City in accordance with the
provisions of Section 1-17-1(B).
A business which is at least fifty-one
percent (51 %) owned by one (1) or more
members of one (1) or more minority
groups, or, in the case of a publicly -held
corporation, at least fifty-one percent
(51 %) of the stock of which is owned by
one (1) or more members of one (1) or
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M/W/EBE GOALS.
WOMEN -OWNED BUSINESS
ENTERPRISE or WBE.
more minority groups, whose
management and daily operations are
controlled by one (1) or more members
of one (1) or more minority groups. The
City Manager or his or her designee shall
determine which MBE certifications shall
be accepted by the City.
The City of Evanston establishes the goal
of awarding not less than twenty-five
percent (25%) of its contract awards to
MBE, WBE and EBE businesses. The
City of Evanston establishes the goal
of awarding not less than three percent
(3%) utilization of EBEs in its contract
awards. The provisions of this Section
shall be implemented by the City
Manager or his or her designee. The
provisions of this Section do not
guarantee contract participation.
A business which is at least fifty-one
percent (51 %) owned by one (1) or more
women, or, in the case of a publicly -held
corporation, fifty-one percent (51 %)
of the stock of which is owned by one (1)
or more women, whose management
and daily business operations are
controlled by one (1) or more women.
The City Manager or his or her designee
shall determine which WBE certifications
shall be accepted by the City.
2. A minoritv-owned business enterprise ("MBE") or women -owned business
enterprise ("WBE") (collectively, "M/W/BE") must perform a "commercially useful
function."
a. A M/W/BE performs a commerciallv useful function when it is responsible for
execution of the work of the contract and is carrvinq out its responsibilities by actually
performing, managing, and supervisinq the work involved. To perform a commercially
useful function, the M/W/BE must also be responsible, with respect to materials and
supplies used on the contract, for negotiating price, determininq quality and quantity,
orderinq the material, and installing (where applicable) and paving for the material
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itself. To determine whether an M/W/BE is performing a commercially useful function,
the Citv will evaluate the amount of work subcontracted, industry practices, whether
the amount the firm is to be paid under the contract is commensurate with the work it
is actuallv performing and the M/W/BE credit claimed for its performance of the work
and other relevant factors.
b. A M/W/BE does not perform a commercially useful function if its role is limited to
that of an extra participant in a transaction, contract, or protect through which funds
are passed in order to obtain the appearance of M/W/BE participation. In determining
whether a M/W/BE is such an extra participant, the Citv will examine similar
transactions, particularlv those in which M/WBE's do not participate.
c. If a M/W/BE does not perform or exercise responsibility for at least thirtv (30)
percent of the total cost of its contract with its own work force, or the M/W/BE
subcontracts a greater portion of the work of a contract than would be expected on the
basis of normal industry practice for the tvpe of work involved, then it is not performing
a commercially useful function.
d. When an M/W/BE is presumed not to be performing a commercially useful function
as provided in Subsection (D)(2)(c) of this Section, the M/W/BE may present evidence
to rebut this presumption. The Citv may determine that the firm is performing a
commercially useful function given the type of work involved and normal industry
practices.
3. Businesses that maintain a distribution warehouse or manufacturing operation will
receive M/W/BE credit of sixty (60) percent. Those that do not maintain a distribution
warehouse or manufacturing operation will be considered a broker and receive a five
(5) percent credit.
4. Eligibility as a M/W/BE will be periodically reviewed and may be revoked at any
time if the entitv no longer meets the above requirements.
SECTION 2: All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
SECTION 3: If any provision of this ordinance or application thereof to
any person or circumstance is held unconstitutional or otherwise invalid, such invalidity
shall not affect other provisions or applications of this ordinance that can be given
effect without the invalid application or provision, and each invalid provision or invalid
application of this ordinance is severable.
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Introduced: November 16 , 2021 Approved:
Adopted: January 10 , 2022
1/12 , 2022
Daniel Biss, Mayor
Attest: Approved as to form:
Stephanie Mendoza, City Clerk Nicholas E. Cummings, Corporation
Counsel
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