Record #: O2020-3801   
Type: Ordinance Status: Failed to Pass
Intro date: 7/22/2020 Current Controlling Legislative Body: Committee on Workforce Development
Final action: 5/24/2023
Title: Amendment of Municipal Code Section 2-92-330 to further regulate enforcement of percentages of city and project area residents work hours for construction contracts valued at $100,000 or more
Sponsors: Thompson, Patrick D., Mitchell, Gregory I.
Topic: MUNICIPAL CODE AMENDMENTS - Title 2 - City Government & Administration - Ch. 92 Dept. of Purchases, Contracts & Supplies
Attachments: 1. O2020-3801.pdf
Related files: R2023-766

ORDINANCE

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:

SECTION 1. Section 2-92-330 ofthe Municipal Code of Chicago Is hereby amended by deleting the language struck through and by Inserting the language underscored, as follows

 

2-92-330 Contracts - Percentages of city and project area residents work hours -Enforcement.

(Omitted text unaffected by this ordinance)

(a)                     For any construction project advertised, or if not;advertised, awarded, by the city that has
an estimated contract value of $100,000.00 or more, and where not otherwise prohibited by
federal, state or local law, the total hours worked by persons on the site of the construction project
by employees of the contractor and subcontractors shall be performed (i) at least 60 percent
by city residents; and (ii) at least 10 percent by project area residents. Work hours performed
by project area residents shall be considered to be work hours performed by city residents for
purposes of calculating the minimum work hour percentage required to be performed by city
residents.

(Omitted text unaffected by this ordinance)

(b)                     Implementation of the requirements established in subsection (a) of this section will be
achieved by including in contracts and subcontracts described therein the following language;

(Omitted text unaffected by this ordinance)

When work is completed, in the event that the city has determined that the contractor failed to ensure the fulfillment of the requirements ofthis section concerning the work hours performed by eligible residents or has failed to report in the manner as indicated above, the city will thereby be damaged in the failure to provide the benefit of demonstrable employment to eligible residents to the^degree;stipulatedin this isection. Therefore, in such a case of non- compliance it is agreed that 1/20 of 1 percent (.05%). 0.0005 1.5/10 of 1 percent ^ 15%i. 0.015. ofthe approved contract value for this contract shall be surrendered by the contractor to the city in payment for each percentage of shortfall toward the stipulated residency requirement. Failure to report the residency of employees entirely and correctly shall result in the surrender ofthe entire liquidated damages as if no eligible residents were.employed in either of the categories. The willful falsification of statements and the certification of payroll date may subject the contractor or subcontractors or employee to prosecution. Any retainage to cover contract performance that may become due tothe contractor pursuant to Section 2-92-250 ofthe municipal code of Chicago may be withheld by the city pending the chief procurement officer's determination whether the contractor must surrender damages as provided in this paragraph. Any contractor or subcontractor found to have violated this Section shall also be barred from-bidding on any construction project subject to this Section for a period of one year.

(Omitted text unaffected by this ordinance)

 

(d) Any person who is employed in a construction project subject to the provisions of this section who knowingly supplies false information concerning his or her residence shall be subject to a fine of not more than $500.00 $1,500.00 for each offense, and imprisonment for a period not to exceed 30 days. Any person found to have violated this section shall also be barred from employment on any construction project subject to this section for a period of five years.

(Omitted text unaffected by this ordinance)-

SECTION 2. The Commissioner of the Department of Planning and Development shall update any applicable rules and regulations regarding Tax Increment Financing redevelopment agreements to comply with the updated commitments for City resident employees and project area employees under this Ordinance.

PATRICK D.THOMPSON Alderman, 11th Ward

GREGORY MITCHELL Alderman, 7th Ward

SECTION 3. This ordinance shall take effect on January 21, 2021.

 

CITY OF CHICAGO

                                          -

OFFICE OF THE CITY CLERK ANNA M. VALENCIA

 

Chicago City Council Co-Sponsor Form

 

Document No Subject:

 

 

 

Amendment to Municipal Code Section 9-92-330 regarding percentages of City and project area residents

 

 

Adding Co-Sponsor(s)

Please ADD Co-Sponsor(s) Shown Below-(Principal Sponsor's Consent Required)

 

 

Alderman                     Gregory Mitchell                     (   7th Ward)

(Signature)

 

Alderman                     ;                     (                     Ward)

(Signature)

 

Date Filed:    7-20-20                                          Principal Sponsor:    Alderman Patrick D. Thompson

(Signature)

 

Removing Co-Sponsor(s) Please REMOVE Co-Sponsor(s) Below - (Principal Sponsor's Consent NOT Required)

 

 

Alderman                     (                     Ward)

(Signature)

 

Alderman                     (                     Ward)

(Signature)

 

Date Filed:                     

 

 

Final Copies To Be Filed With:   • Chairman of Committee to which legislation was referred

• City Clerk

 

121 NORTH LASALLE STREET, ROOM 107. CHICAGO, ILLINOIS 60602