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PROPOSED ORDINANCE AMENDMENT
AMENDING PROVISIONS OF THE PROCUREMENT CODE CONCERNING PERSONS WITH DISABILITIES OWNED BUSINESS ENTERPRISE (PDBE)
BE IT ORDAINED, by the Cook County Board of Commissioners, that Chapter 34 - FINANCE, ARTICLE IV. - PROCUREMENT CODE, DIVISION 1. - GENERAL PROVISIONS, SECTION 34-121 of the Cook County Code is hereby amended as Follows:
Sec. 34-121. - Definitions
Applicant means a person who submits documents and information seeking certification, continued certification, or re-certification as an MBE, WBE, VBE, PDBE, or SDVBE to the Office of Contract Compliance.
Certified or Certification means the granting of Minority Business Enterprise ("MBE"), Women's Business Enterprise ("WBE"), Veteran Business Enterprise ("VBE"), Persons with Disabilities Owned Business Enterprise (PDBE) or Service Disabled Veteran Business Enterprise ("SDVBE") status to a Person.
BE IT FURTHER ORDAINED, by the Cook County Board of Commissioners, that Chapter 34 - FINANCE, ARTICLE IV. - PROCUREMENT CODE, DIVISION 4. - DISQUALIFICATION AND PENALTIES, SECTION 34-176 of the Cook County Code is hereby amended as Follows:
Sec. 34-176. - Penalty for failure to meet commitments.
In the event that the CCD determines that a Person failed to fulfill in good faith a project specific goal, including, but not limited to, MBE, WBE, VBE, PDBE, or SDVBE participation commitments reflected in a Utilization Plan, as may be amended through change orders or otherwise over the term of the Contract, the CPO may declare said Person to be in material breach of the Contract, and may withhold payments under the Contract, and recover contractual penalties, in addition to disqualification and any other remedy provided for in the Procurement Code at law or in equity. A contractual penalty for failure to meet MBE, WBE, VBE, PDBE, or SDVBE participation commitments pursuant to this Section shall be in the amount of the discrepancy between actual MBE, W...
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