REPORT OF
THE COMMITTEE ON WORKFORCE,
JOB
DEVELOPMENT & TRAINING OPPORTUNITIES
The
Honorable,
The
Board of Commissioners of
ATTENDANCE
Present: Chairman
Collins, Vice Chairman Schneider and Commissioner Sims (3)
Absent: Commissioners
Gorman and Suffredin (2)
Also Present: Commissioners Butler and Peraica (2); Karen S. Crawford, Director
- President’s Office of Employment Training (P.O.E.T.); Alvin Rider - Chief of
Community Affairs - Public Defender’s Office; and Albert Pritchett - Chairman,
Workforce Investment Board
Ladies and Gentlemen:
Your
Committee on Workforce, Job Development & Training Opportunities of the
Board of Commissioners of Cook County met pursuant to notice on
Your
Committee has considered the following items and upon adoption of this report,
the recommendations are as follows:
290374 RE-ENTRY
EMPLOYMENT/BID INCENTIVE ORDINANCE (PROPOSED ORDINANCE). Submitting a Proposed Ordinance sponsored by
Earlean Collins and Robert B. Steele,
The following is synopsis of the Proposed Ordinance:
PROPOSED ORDINANCE
RE-ENTRY
EMPLOYMENT/BID INCENTIVE ORDINANCE
BE IT
ORDAINED, by the Cook County Board of
Commissioners, that Chapter 34 Finance, Article IV, Division 9, Sec. 34-349
through Sec. 34-357 of the Cook County Code is hereby enacted as follows:
Sec.
34-349. Established;
purpose.
Sec.
34-350. Definitions.
Sec.
34-351. Re-entry
Employment Committee.
Sec.
34-352. Bid
incentive.
Sec.
34-353. Earned
credits.
Sec.
34-354. Contractor’s
records.
Sec. 34-355.
Review of contract performance.
Sec.
34-356. Rules.
Sec.
34-357. Effective
date.
This Ordinance shall take effect sixty (60) days after
its passage and approval.
*Referred to
the Committee on Workforce, Job Development & Training Opportunities on
Chairman
Collins stated that the Re-Entry Employment Incentive program provides an
incentive for those persons with contracts with the
Alvin
Rider, Chief of Community Affairs, Public Defender’s Office, stated that the
program would allow for incentives to be given to construction companies that
do business with the
Commissioner
Sims inquired as to the selection of applicants, and how are they appointed.
Commissioner
Sims further asked if the ordinance language will stipulate that “one of the
appointments come from a representative of the Cook County Board of
Commissioner’s Office and one from an outside source”.
Mr.
Rider stated that President Stroger will appoint a member of the Cook County
Board of Commissioners and select qualified candidates from the pool of
applicants in the pilot program.
PROPOSED
AMENDMENT TO COMMUNICATION NO. 290374
Sponsored by
THE
HONORABLE TODD H. STROGER, PRESIDENT
AND EARLEAN COLLINS AND ROBERT B.
STEELE,
RE-ENTRY
EMPLOYMENT/BID INCENTIVE ORDINANCE
BE IT ORDAINED, by the Cook County Board of Commissioners, that
Chapter 34 Finance, Article IV, Division 9, Sections 34-349 through 34-357 of
the Cook County Code are hereby enacted as follows:
Sec. 34-349. Established;
purpose.
There is hereby established the Cook County Re-entry
Employment/Bid Incentive Ordinance, with the goal of working in conjunction
with the Cook County Re-entry Employment Project to help assist
adults, who are former offenders and residents of the County, in
finding employment opportunities. as a strategy for This
Ordinance is intended to increasinge
public safety and reducinge
recidivism. Whereas, Just as
the Cook County Re-entry Employment Projects focuses on helping assisting
ex-offenders gaining employment within the County, the Re-entry
Employment/Bid Incentive Ordinance will focuses on helping
assisting ex-offenders in gaining employment in the
private sector with companies wishing to do vendor who conduct
business with Cook County.
Sec. 34-350. Definitions.
For
purposes of this Ordinance only, the following definitions apply:
Bid
Incentive means an amount deducted,
for bid evaluation purposes only, from the total bid price that is
attributable to the labor costs, in order to calculate the bid price to be
used to evaluate the bid on a competitively bid construction project.
Committee means Cook County Re-entry
Employment Committee.
Contract shall mean the agreement, if any, which is approved
by the Cook County Board of Commissioners between the County and a Contractor.
Contractor shall mean the individual(s) or business entity, if
any, with whom or with which the County enters into a Contract.
Earned
Credit means the amount of the bid
incentive allocated to a contractor upon completion of a construction project
in which the contractor met or exceeded his or her goals for the utilization of
Former Offenders in performance of the total labor hours performed under the
contract.
Earned
Credit Certificate means a
certificate issued by the Purchasing Agent evidencing the amount of earned
credit a contractor has been awarded.
Former
Offenders means adults who are former
offenders and residents of the County.
Labor
hours means
the total hours of workers receiving an hourly wage who are directly employed
at the work site. “Labor hours” shall
include hours performed by workers employed by the contractor and all
subcontractors working at the work site.
“Labor hours” shall not include hours worked by non-working foremen,
superintendents, owners and workers who are not subject to prevailing wage
requirements.
Using Department shall mean
the Departments or Agencies within
Sec. 34-351. Re-entry
Employment Committee.
(a) The
re-entry employment committee will work with non profits to find suitable
former offenders to be candidates for to work with private companies on county
contracts. The re-entry employment
committee will contain of seven members consisting of:
(1) a
representative of the Cook County Bureau of Human Resources;
(2) a
representative of the Cook County Office of Capital Planning and Policy;
(3) a
representative of the President’s Office of Employment Training;
(4) a
representative of the Bureau of Finance (if the Committee is finding candidates
for a collection contract, this representative shall be specifically from the
Cook County Department of Revenue);
(4)(5) a representative recommended by the Contract
Compliance Committee of the Cook County Board of Commissioners and appointed by
the County Board; a representative
of the Office of Contract Compliance;
(5)(6) a
representative of a nonprofit organization whose mission is to reintegrate
former Offenders into society;
(6)(7) a representative appointed by the President
of the Cook County Board of
Commissioners; two representatives appointed by the
President of the Cook County Board of Commissioners, one of whom shall be a
representative of organized labor and one whom shall be appoint a
member of the Cook County Board of Commissioners and a member.
(b) The
County shall work with nonprofit organizations, approved by the Board of
Commissioners, whose missions are to help formerly
incarcerated individuals re-enter their communities and reduce recidivism. These nonprofits will work with the
President’s Office of Employment and Training to create pools of individuals
that can take classes, former offenders who can enroll in courses,
in State certified programs, to learn a trades so thereby
enabling the Cook County Re-entry Employment Committee can to
recommend these individuals former offenders to companies potential
vendors, seeking contracts with a value of $50,000 $100,000.00,
for these companies to hire to work employment on the contracted
project. Contractors will not be
required to use former offenders recommended by the Cook County Re-entry
Employment Committee, but will receive bid incentives if they choose to do so. The trades that in which former
offenders can learn be trained include, but are not limited to,
all construction trades, collection services and auto repair.
Sec. 34-352. Bid
incentive.
(a) For
any contracts advertised for bid after the effective date of this Ordinance
having an estimated contract value of $50,000 $100,000.00 or more, and where not otherwise
prohibited by federal, state or local law, the Purchasing Agent shall allocate
to any qualified bidder the following bid incentive for utilization of Former
Offenders in performance of the total hours performed under contract.
Total
Labor Hours Performed by Former Offenders Bid
Incentive
5
to 10% 1/2
% of bid price
11
to 15% 1%
of bid price
(b) The
bid incentive shall be calculated and applied in accordance with the provisions
of Section 34-353. The bid incentive is
used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affect the
contract price.
(c) For
all contracts construction projects with an estimated contract value
of $100,000.00 or more, advertised after the effective date of this
Ordinance, the Purchasing Agent shall include the bid incentive provision in
all such advertisements.
(d) Bidders
wishing to utilize former offenders in their contract may request that the Re-entry
Employment Committee provide them a list of candidates from which to choose to
include former offenders for inclusion as a part of their bid. If the bidder already employs former
offenders or wishes to get potential candidates on their own, they may do so
and include them in their bid with proof that the former offenders of their
choosing in their bids with proof that the former offenders has completed a
certified training program in the trade that they will be performing. Any bids that include former offenders who
were not recommended by the Re-entry Employment Committee, the bid must
be reviewed and approved by the Committee to be eligible for bid incentives.
(e) All
contractors using former offenders will submit a utilization plan with their
bid.
Sec. 34-353. Earned
credits.
(a) Upon the completion of a contract
subject to this section, a contractor may apply to the Purchasing Agent and/or
the Director of the Office of Contract Compliance for earned credits if the
contractor met or exceeded his or her Former Offender utilization goals
established in the contract. If the
Purchasing Agent and/or the Director of the Office of Contract Compliance
determines that the contractor has successfully met
his or her Former Offender utilization goals, the Purchasing Agent shall issue
an Earned Credit Certificate that evidences the amount of earned credits
allocated to the contractor. The
contractor may apply the earned credits as the bid incentive for any future
construction project contract bid of equal or greater dollar value.
(b) The Earned Credit Certificate is valid
for twelve three (3) years from the date of issuance and shall
not be applied towards any future contract bid after the expiration of that
period.
Sec. 34-354. Contractor’s
records.
(a) The contractor shall maintain accurate
and detailed books and records necessary to monitor compliance with this
section and shall submit such reports as required by the Office of Purchasing,
the Office of Contract Compliance, or the Using Department.
(b) Full access to the contractor’s and
subcontractors’ records shall be granted to the Office of Purchasing Agent, the
Director of the Office of Contract Compliance, or the Using Department,
or any duly authorized representative thereof.
The contractor and subcontractors shall maintain all relevant records
for a period of at least three (3) years after final acceptance of the work.
Sec. 34-355. Review of contract performance.
(a) The Director
of the Office of Contract Compliance Administrator shall review the
contractor's efforts during the performance of the contract to achieve its
employment of former offender commitments as stated in its utilization plan. If
the contractor meets or exceeds its stated goals, it shall be presumed to be in
compliance. Where the Director of the Office of Contract Compliance Administrator
finds that the contractor has failed to achieve its stated goals or otherwise
has failed to comply with the requirements of the division, including but
not limited to, the failure to provide any documentation required by the Director
of the Office of Contract Compliance, Administrator, has not the
failure to satisfactorily demonstrated good faith efforts, and/or has
a deviatedion without
authorization from the compliance related portions of the contract as
originally approved, the Director of the Office of Contract Compliance Administrator
shall report findings to the Contract Compliance Committee.
(b) The Director
of the Office of Contract Compliance Administrator may establish
such requirements for periodic contractor reporting on the fulfillment of its
goals and its utilization of Protected Class Enterprises as the Director of
the Office of Contract Compliance Administrator determines
appropriate and necessary for effective enforcement of this division. A
contractor also shall be required to provide the Director of the Office of
Contract Compliance Administrator any additional requested compliance
documentation within 14 days of such request.
(c) If the
Director of the Office of Contract Compliance Committee
determines that the contractor has failed to comply with its contractual commitments
documents or any portion of this division, the Director of
Contract Compliance Committee will notify the contractor of such
noncompliance and may take any of the following actions:
(1) Instruct
the Comptroller to withhold 50 percent (50%) of the current progress
payment due the prime contractor.
(2) Withhold
up to 100 percent (100%) of further progress payments until the
contractor demonstrates that it is in compliance with the requirements of this
division.
(3) Debar
the contractor from future bids or offers until the contractor demonstrates
that it is in compliance with the requirements of this division.
Sec. 34-356. Rules.
The Purchasing Agent and/or the Director of the
Office of Contract Compliance is are
authorized to adopt, promulgate and enforce reasonable rules and regulations
pertaining to the administration and enforcement of this Ordinance.
Sec. 34-357. Severability
clause.
If any provision of this Ordinance is held invalid,
such provision shall be deemed excused from this Ordinance and the invalidity
thereof shall not affect any of the other provisions of this Ordinance. If the application of any provision of this
Ordinance to any person or circumstances is held invalid, it shall not affect
the application of such provision to other persons or circumstances.
Sec. 34-357358. Effective
date.
This Ordinance shall take effect sixty (60) days after
its passage and approval.
Commissioners
Commissioner Sims, seconded by Vice
Chairman Schneider, moved the approval of Communication No. 290374, as amended.
The motion carried unanimously.
290556 8 PRESIDENT’S OFFICE OF EMPLOYMENT TRAINING
(P.O.E.T.), by Karen S. Crawford, Director, transmitting a Communication dated
requesting
authorization to subcontract grant funds to the agencies listed below. These
funds will be used to provide employment and training services to eligible
residents of South and $8,997,122.68 $9,388,050.58; the
balance of funds shall be used for President’s Office of Employment Training
(POET) Administration, One-Stop and Affiliate operating costs including
Individual Training Account funds.
The authorization to accept the grant was given on
Prior
Year Current
Name of
Organization Funding Funding
AERO Special Education Cooperative $81,175.00 $61,144.50
Aunt Martha’s Youth Service Center $114,750.00 $28,700.00
African American Christian Foundation $164,133.00 $22,650.00
CAAN
Central States SER $150,000.00 $588,875.00 $638,976.00
Community Economic Development
Association $606,756.00 $799,887.98 $797,937.98
City of
City of
Commission on Economic $344,381.70 $403,439.20
DiTrolio Flexographic $102,080.00 $182,499.00
ECHO/TIE $90,145.00 $20,000.00 $98.770.00
Employment Associates Group $200,000.00 $253,375.00 $298,375.00
Employment & Employer Services $1,052,076.00 $727,190.50 $641,035.50
Employment & Employer Services Job
Matching $287,924.00
-0-
Instituto Del Progresso Latino $100,000.00 $141,129.75 $165,950.00
Jobs for Youth $50,000.00 $12,500.00
LaGrange Area Department of Special
Education $75,000.00 $85,900.00
LePenseur $25,000.00 $6,250.00
Maximus, Inc. $250,000.00 $1,454,491.25 $1,628,618.25
Industrial Development $100,000.00 $6,100.00
Technology $198,633.00 $162,858.00 $171,858.00
National Able Network $700,000.00 $956,200.50 $911,013.00
National Able Network Job Fair $50,000.00 -0-
National Able Network Job Matching $100,000.00 -0-
National Office of Program Development $75,000.00 $32,525.00
Safer Foundation $85,000.00 $126,715.25
Proviso
Action $80,400.00 -0-
Prairie State College $542,667.00 $610,937.46
Saint Leonard Ministries -0- $58,375.00 $40,000.00
Southland Healthcare Forum $237,817.00 $401,944.61
$11,600.00 $36,944.75
$123,710.10 $151,710.00
Triton Healthcare $250,000.00 $22,700.00
Women's Resource Assistance Program, Inc. $102,080.00 $108,352.79
Estimated Fiscal
Impact: None. Total Grant Awards: $8,997,122.68 $9,388,050.58. Grant Funding Period:
*Referred to the Committee on Workforce, Job
Development & Training Opportunities on
Chairman
Collins asked Karen S. Crawford, President’s Office of Employment Training
(P.O.E.T.), Administrator, for an overview of the program.
Karen
S. Crawford, Director of the President’s Office of Employment Training stated
that the Workforce Investment Act (WIA) has over a couple of generations evolved
into the Workforce Act. It started in
1962 as the Manpower Development Training Act.
It later became the Comprehensive Employment Training Act (CEDA) in
1973, and then became the Job Training Partnership Act in 1982, which later
became the Workforce Investment Act of 1998.
The
Job Training Act started as a national incentive in 1962 as part of the
government’s response to increased automation and the development of
technology. The program was later
designed to help low-income citizens obtain entry-level jobs in the labor force.
The Department of Labor actually sets policy for the Workforce Investment Act
funding and distributes funds directly to the State. The State gives the funds to
local areas in
The
local area requires that there is a chief elected official, which is President
Todd H. Stroger, as the grant recipient.
The Board of Commissioners has legal responsibility for receiving grant
funds. The President’s Office of
Employment Training is appointed as the grant administrator by the chief
elected official, so our responsibility is to the Cook County Board and the
local workforce investment board. The
chief elected official is also responsible for the appointments to the local Workforce
Investment Board and for administrative oversight.
Chairman
Collins asked if the contractors had gotten the information in time to adjust
their programs to comply with the changes.
Ms.
Crawford stated that the
Commissioners
Sims voiced concern regarding agencies working with individuals that are not
high school graduates and individuals without a General Equivalency Diploma.
Ms.
Crawford stated under the Workforce Investment Act (WIA) the General
Equivalency Diploma programs are allowed and people can do training in a six-month
program.
Vice
Chairman Schneider asked whether the administrators are providing a service and
interacting with the clients.
Ms.
Crawford replied in the affirmative.
Chairman
Collins asked how many agencies are prepared to do the skilled training of the
participants going out into the labor force.
Ms.
Crawford responded that part of President’s Office of Employment Training responsibility
was to look at the agencies that could actually perform the service and
evaluate proposals based on this. The
recommendation is for an agency which has committed to facilitating skilled
training or training for people to get employment at the performance level.
Chairman
Collins asked for the number of agencies and agencies with equipment for
training.
Ms.
Crawford responded there are thirty-nine providers. She further stated that she
recognizes that the provider agency does not necessarily have to do the actual
training. The provider agency has a
client to come for services and the provider agency refers the client to a
junior college or another program if they are training-suitable.
Commissioner
Sims asked how the provider agencies get their certification.
Ms.
Crawford replied the provider agencies go before the State Board of Education
for certification.
Commissioner
Sims asked about the provider agencies forming collaboration to get more
funding dollars.
Ms.
Crawford replied if one provider agency decides to collaborate the
responsibility lays with the agencies.
The President’s Office of Employment Training provides the funding for
recruiting, training and placing. The
training the provider agency offers collaborates with the other provider agency
or whoever they reasonably procure to do the services.
Commissioner
Sims asked why the provider agencies were offered less funding when they were
requested to provide more manufacturing positions in a Request for Proposal.
The
local workforce investment board represents members of the business community
as well as mandated partners, education and trade. They are responsible for setting the strategy
to supply the skilled workforce in suburban
Commissioner
Peraica inquired as to the effectiveness of the Oversight Committee.
Ms.
Crawford replied the Oversight Board has been very effective.
Commissioner
Peraica commented on the lack of labor unions reaching out to minorities
African Americans and Hispanics in specialized trades.
Ms.
Crawford replied fifty-one percent of the grant monies are geared toward low-income
residents of south and west-suburban Cook.
It is unfortunate the demographics of those areas identify those
individuals as minorities.
Mr.
Albert Pritchett, Chairman of the Workforce Investment Board, stated we have
the responsibility to get jobs and training for people. I had hoped for them to
add the Section 8 to
Public
Speakers
1) Charles Griffin – CEO
2) Michael Bonslater
– Southland Health Care
3) Wallace “Gator” Bradley, President –
United In Peace, Inc.
4) Chris Meskin
– Employment Associates Group
Commissioner Sims, seconded by Vice
Chairman Schneider, moved the approval of Communication Nos. 290558, as
amended. The motion carried unanimously.
Commissioner Sims moved to adjourn the
meeting, seconded by Vice Chairman Schneider.
The motion carried and the meeting was adjourned.
YOUR COMMITTEE RECOMMENDS THE FOLLOWING
ACTION
WITH REGARD TO THE MATTERS NAMED HEREIN:
Communication Number 290374 Approved as Amended
Communication Number 290558 Approved as Amended
Respectfully submitted,
COMMITTEE ON WORKFORCE, JOB DEVELOPMENT & TRAINING
OPPORTUNITIES
EARLEAN COLLINS, Chairman
ATTEST: MATTHEW
B. DeLEON, Secretary
_________________________
Commissioner Sims, seconded by Commissioner Maldonado,
moved that the Report of the Committee on Workforce, Job Development &
Training Opportunities be approved and adopted.
The motion carried unanimously.
08-O-01
ORDINANCE
Sponsored by
THE HONORABLE TODD H. STROGER, PRESIDENT AND EARLEAN COLLINS
AND ROBERT B. STEELE,
Co-Sponsored by
THE HONORABLE JERRY BUTLER, ANTHONY J. PERAICA, DEBORAH SIMS,
WILLIAM M. BEAVERS, FORREST CLAYPOOL, JOHN P. DALEY,
ROBERTO MALDONADO, JOSEPH MARIO
MIKE QUIGLEY AND LARRY SUFFREDIN,
RE-ENTRY EMPLOYMENT/BID INCENTIVE
ORDINANCE
BE IT ORDAINED, by the Cook County Board of Commissioners, that
Chapter 34 Finance, Article IV, Division 9, Sections 34-349 through 34-357 of
the Cook County Code are hereby enacted as follows:
Sec. 34-349. Established;
purpose.
There is hereby established the Cook County Re-entry
Employment/Bid Incentive Ordinance, with the goal of working in conjunction
with the Cook County Re-entry Employment Project to help assist
adults, who are former offenders and residents of the County, in
finding employment opportunities. as a strategy for This
Ordinance is intended to increasinge
public safety and reducinge
recidivism. Whereas, Just as
the Cook County Re-entry Employment Projects focuses on helping assisting
ex-offenders gaining employment within the County, the Re-entry
Employment/Bid Incentive Ordinance will focuses on helping
assisting ex-offenders in gaining employment in the
private sector with companies wishing to do vendor who conduct
business with Cook County.
Sec. 34-350. Definitions.
For purposes of this Ordinance only,
the following definitions apply:
Bid
Incentive means an amount deducted,
for bid evaluation purposes only, from the total bid price that is
attributable to the labor costs, in order to calculate the bid price to be
used to evaluate the bid on a competitively bid construction project.
Committee
means Cook County Re-entry Employment Committee.
Contract shall mean the agreement, if any, which is approved
by the Cook County Board of Commissioners between the County and a Contractor.
Contractor shall mean the individual(s) or business entity, if
any, with whom or with which the County enters into a Contract.
Earned
Credit means the amount of the bid
incentive allocated to a contractor upon completion of a construction project
in which the contractor met or exceeded his or her goals for the utilization of
Former Offenders in performance of the total labor hours performed under the
contract.
Earned
Credit Certificate means a
certificate issued by the Purchasing Agent evidencing the amount of earned
credit a contractor has been awarded.
Former
Offenders means adults who are former
offenders and residents of the County.
Labor
hours means
the total hours of workers receiving an hourly wage who are directly employed
at the work site. “Labor hours” shall
include hours performed by workers employed by the contractor and all
subcontractors working at the work site.
“Labor hours” shall not include hours worked by non-working foremen,
superintendents, owners and workers who are not subject to prevailing wage
requirements.
Using Department shall mean
the Departments or Agencies within
Sec. 34-351. Re-entry
Employment Committee.
(a) The
re-entry employment committee will work with non profits to find suitable
former offenders to be candidates for to work with private companies on county
contracts. The re-entry employment
committee will contain of seven members consisting of:
(1) a
representative of the Cook County Bureau of Human Resources;
(2) a
representative of the Cook County Office of Capital Planning and Policy;
(3) a
representative of the President’s Office of Employment Training;
(4) a
representative of the Bureau of Finance (if the Committee is finding candidates
for a collection contract, this representative shall be specifically from the
Cook County Department of Revenue);
(4)(5) a
representative recommended by the Contract Compliance Committee of the Cook
County Board of Commissioners and appointed by the County Board; a representative of the Office of Contract
Compliance;
(5)(6) a representative of a nonprofit organization
whose mission is to reintegrate former Offenders into society;
(6)(7) a
representative appointed by the President of the Cook County Board of Commissioners; two
representatives appointed by the President of the Cook County Board of
Commissioners, one of whom shall be a representative of organized labor and one
whom shall be appoint a member of the Cook County Board of
Commissioners and a member.
(b) The
County shall work with nonprofit organizations, approved by the Board of
Commissioners, whose missions are to help formerly
incarcerated individuals re-enter their communities and reduce recidivism. These nonprofits will work with the
President’s Office of Employment and Training to create pools of individuals
that can take classes, former offenders who can enroll in courses,
in State certified programs, to learn a trades so thereby
enabling the Cook County Re-entry Employment Committee can to
recommend these individuals former offenders to companies potential
vendors, seeking contracts with a value of $50,000 $100,000.00,
for these companies to hire to work employment on the contracted
project. Contractors will not be
required to use former offenders recommended by the Cook County Re-entry
Employment Committee, but will receive bid incentives if they choose to do
so. The trades that in which
former offenders can learn be trained include, but are not
limited to, all construction trades, collection services and auto repair.
Sec. 34-352. Bid
incentive.
(a) For
any contracts advertised for bid after the effective date of this Ordinance
having an estimated contract value of $50,000 $100,000.00 or more, and where not otherwise
prohibited by federal, state or local law, the Purchasing Agent shall allocate
to any qualified bidder the following bid incentive for utilization of Former
Offenders in performance of the total hours performed under contract.
Total Labor Hours Performed by
Former Offenders Bid
Incentive
5 to 10% 1/2
% of bid price
11 to 15% 1%
of bid price
(b) The
bid incentive shall be calculated and applied in accordance with the provisions
of Section 34-353. The bid incentive is
used only to calculate an amount to be used in evaluating the bid. The bid incentive does not affect the
contract price.
(c) For
all contracts construction projects with an estimated contract value
of $100,000.00 or more, advertised after the effective date of this
Ordinance, the Purchasing Agent shall include the bid incentive provision in
all such advertisements.
(d) Bidders
wishing to utilize former offenders in their contract may request that the Re-entry
Employment Committee provide them a list of candidates from which to choose to
include former offenders for inclusion as a part of their bid. If the bidder already employs former
offenders or wishes to get potential candidates on their own, they may do so
and include them in their bid with proof that the former offenders of their
choosing in their bids with proof that the former offenders has completed a
certified training program in the trade that they will be performing. Any bids that include former offenders who
were not recommended by the Re-entry Employment Committee, the bid must
be reviewed and approved by the Committee to be eligible for bid incentives.
(e) All
contractors using former offenders will submit a utilization plan with their
bid.
Sec. 34-353. Earned
credits.
(a) Upon the completion of a
contract subject to this section, a contractor may apply to the Purchasing
Agent and/or the Director of the Office of Contract Compliance for
earned credits if the contractor met or exceeded his or her Former Offender
utilization goals established in the contract.
If the Purchasing Agent and/or the Director of the Office of Contract
Compliance determines that the contractor has
successfully met his or her Former Offender utilization goals, the Purchasing
Agent shall issue an Earned Credit Certificate that evidences the amount of
earned credits allocated to the contractor.
The contractor may apply the earned credits as the bid incentive for any
future construction project contract bid of equal or greater dollar value.
(b) The Earned Credit
Certificate is valid for twelve three (3) years from the date of
issuance and shall not be applied towards any future contract bid after the
expiration of that period.
Sec. 34-354. Contractor’s
records.
(a) The contractor shall
maintain accurate and detailed books and records necessary to monitor
compliance with this section and shall submit such reports as required by the
Office of Purchasing, the Office of Contract Compliance, or the Using
Department.
(b) Full
access to the contractor’s and subcontractors’ records shall be granted to the
Office of Purchasing Agent, the Director of the Office of Contract
Compliance, or the Using Department, or any duly authorized representative
thereof. The contractor and
subcontractors shall maintain all relevant records for a period of at least
three (3) years after final acceptance of the work.
Sec. 34-355. Review of contract performance.
(a) The
Director of the Office of Contract Compliance Administrator shall
review the contractor's efforts during the performance of the contract to
achieve its employment of former offender commitments as stated in its
utilization plan. If the contractor meets or exceeds its stated goals, it shall
be presumed to be in compliance. Where the Director of the Office of
Contract Compliance Administrator finds that the contractor has failed
to achieve its stated goals or otherwise has failed to comply with the
requirements of the division, including but not limited to, the failure
to provide any documentation required by the Director of the Office of
Contract Compliance, Administrator, has not the failure to
satisfactorily demonstrated good faith efforts, and/or has a
deviatedion without authorization from
the compliance related portions of the contract as originally approved, the Director
of the Office of Contract Compliance Administrator shall report
findings to the Contract Compliance Committee.
(b) The
Director of the Office of Contract Compliance Administrator may
establish such requirements for periodic contractor reporting on the
fulfillment of its goals and its utilization of Protected Class Enterprises as
the Director of the Office of Contract Compliance Administrator
determines appropriate and necessary for effective enforcement of this
division. A contractor also shall be required to provide the Director of the
Office of Contract Compliance Administrator any additional requested
compliance documentation within 14 days of such request.
(c) If
the Director of the Office of Contract Compliance Committee
determines that the contractor has failed to comply with its contractual commitments
documents or any portion of this division, the Director of
Contract Compliance Committee will notify the contractor of such
noncompliance and may take any of the following actions:
(1) Instruct
the Comptroller to withhold 50 percent (50%) of the current progress
payment due the prime contractor.
(2) Withhold
up to 100 percent (100%) of further progress payments until the
contractor demonstrates that it is in compliance with the requirements of this
division.
(3) Debar
the contractor from future bids or offers until the contractor demonstrates
that it is in compliance with the requirements of this division.
Sec. 34-356. Rules.
The Purchasing Agent and/or the Director of the
Office of Contract Compliance is are
authorized to adopt, promulgate and enforce reasonable rules and regulations
pertaining to the administration and enforcement of this Ordinance.
Sec. 34-357. Severability
clause.
If any provision of this Ordinance is held invalid,
such provision shall be deemed excused from this Ordinance and the invalidity
thereof shall not affect any of the other provisions of this Ordinance. If the application of any provision of this
Ordinance to any person or circumstances is held invalid, it shall not affect
the application of such provision to other persons or circumstances.
Sec. 34-357358. Effective
date.
This Ordinance shall take effect sixty (60) days after
its passage and approval.
Approved
and adopted this 4th day of December 2007.
TODD
H. STROGER, President
Cook
Attest: DAVID ORR,