Common use of POLICY AND GOALS Clause in Contracts

POLICY AND GOALS. A. It is the policy of the County of Cook to prevent discrimination in the award of or participation in County contracts and to eliminate arbitrary barriers for participation, as both prime and sub- contractors, in such contracts by local businesses certified as Minority Business Enterprises (MBE) and Women-owned Business Enterprises (WBE). In furtherance of this policy, the Cook County Board of Commissioners has adopted a Minority- and Women-owned Business Enterprise Ordinance (the "Ordinance") which establishes a goal of awarding not less than twenty-five percent (25%) of the annual total dollar amount of contracts to certified MBEs and ten percent (10%) of the annual dollar value of all such contracts to certified WBEs. B. The County may set contract-specific goals for each contract, based on the commodities or services specified in this bid document. The MBE/WBE percentages required for this contract are 0%. A Bid or Quotation shall be rejected if the County determines that a Bid or Quotation fails to comply with this General Condition, including but not limited to, commitments to achieve for this contract, the MBE/ WBE goals of the contract amount or to include a Petition for Reduction/Waiver documenting why the goals are not attainable despite the contractor's Good Faith Efforts. A Bid or Quotation may be rejected and a new Bid or Quotation may be solicited if the public interest is served thereby. Unless otherwise specified in the Bid or Quotation Documents, for purposes of this GC-19, the contract amount is the amount that has been entered on the Proposal page of the Bid or Quotation Documents. C. Except to the extent that a Bid or Quotation includes a Reduction/Waiver request, the contract MBE and WBE participation goals may be achieved by the Bid or Quotation entities’ status as a MBE or WBE; by entering into a joint venture with one or more MBEs and/or WBEs; by subcontracting a portion of the work to one or more MBEs and WBEs; by establishing and carrying out a mentor/protégé agreement; by the Indirect Participation of one or more MBEs and WBEs used by the entity submitting a Bid or Quotation in other aspects of its business; or by any combination of the foregoing so long as the Utilization Plan evidences a commitment to the MBE and WBE contract goals set forth in (B) above. D. The same Business Enterprise, whether as a contractor, subcontractor or supplier, cannot be utilized as both a MBE and a WBE on the same contract. E. To the extent that the Ordinance does not apply to this Bid or Quotation, unless specifically waived in the Bid or Quotation Documents, this GC-19 and the wording of the Ordinance shall apply. If there is a conflict between this GC-19 and the Ordinance or the wording of the Ordinance, the Ordinance or its wording controls. F. A Contractor’s failure to carry out its commitments in the course of the Contract’s performance shall constitute a material breach of the Contract and if such breach is not appropriately cured, may result in the termination of the Contract or such remedy authorized by the Ordinance as the County deems appropriate.

Appears in 1 contract

Samples: Contract for Services

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POLICY AND GOALS. A. It is the policy of the County of Cook Xxxx to prevent discrimination in the award of or participation in the County contracts and to eliminate arbitrary barriers for participation, as both prime and sub- contractorssubcontractors, in such contracts by local businesses certified as Minority Business Enterprises (MBE) and Women-owned Women- Owned Business Enterprises (WBE). In furtherance of this policy, the Cook Xxxx County Board of Commissioners has adopted a Minority- and Minority-and-Women-owned Owned Business Enterprise Ordinance (the "Ordinance") which establishes a “best efforts” goal of awarding not less than twenty-five percent (25%) of the annual total dollar amount of professional, service and supply contracts and agreements to certified MBEs and not less than ten percent (10%) of the annual dollar value of all such contracts to certified WBEs. B. The County A Contractor may set contract-specific goals for each contract, based on achieve the commodities or services specified in this bid document. The MBE/WBE percentages required for this contract are 0%. A Bid or Quotation shall be rejected if the County determines that a Bid or Quotation fails to comply with this General Condition, including but not limited to, commitments to achieve for this contract, the MBE/ WBE goals of the contract amount or to include a Petition for Reduction/Waiver documenting why the goals are not attainable despite the contractor's Good Faith Efforts. A Bid or Quotation may be rejected and a new Bid or Quotation may be solicited if the public interest is served thereby. Unless otherwise specified in the Bid or Quotation Documents, for purposes of this GC-19, the contract amount is the amount that has been entered on the Proposal page of the Bid or Quotation Documents. C. Except to the extent that a Bid or Quotation includes a Reduction/Waiver request, the contract MBE and WBE participation goals may be achieved by the Bid or Quotation entities’ its status as a MBE or WBE; by entering into a joint venture with one or more MBEs and/or WBEs; by subcontracting a portion of the work to one or more MBEs and or WBEs; by establishing and carrying out entering into a mentor/protégé agreementMentor-Protégé Agreement with a MBE or WBE; by the Indirect Participation indirect participation of one MBEs or more MBEs and WBEs used by the entity submitting a Bid or Quotation in other aspects of its the Contractor’s business; or by any a combination of the foregoing so long as foregoing. C. A Waiver Request must be submitted, if applicable, documenting the Utilization Plan evidences a commitment inability of the Contractor to meet the MBE goals, and WBE contract goals set forth in (B) aboveproviding written evidence of “Good Faith Efforts,” to obtain goals. D. The same Business Enterprise, whether as a contractor, subcontractor or supplier, cannot be utilized as both a MBE and a WBE on the same contract. E. To the extent that the Ordinance does not apply to this Bid or Quotation, unless specifically waived in the Bid or Quotation Documents, this GC-19 and the wording of the Ordinance shall apply. If there is a conflict between this GC-19 and the Ordinance or the wording of the Ordinance, the Ordinance or its wording controls. F. A Contractor’s failure to carry out its MBE/WBE commitments in the course of the Contract’s performance on a contract shall constitute a material breach of the Contract contract, and if such breach is not appropriately cured, may result in the termination of the Contract contract or such remedy other remedies authorized by the Ordinance as the County deems appropriate.

Appears in 1 contract

Samples: Service Agreement

POLICY AND GOALS. A. It is the policy of the County of Cook Xxxx to prevent discrimination in the award of or participation in County contracts Contracts and to eliminate arbitrary barriers for participation, as both prime and sub- contractors, participation in such contracts Contracts by local businesses certified as a Minority Business Enterprises Enterprise (MBE) and Women-owned Business Enterprises Enterprise (WBE)) as both prime and sub-contractors. In furtherance of this policy, the Cook Xxxx County Board of Commissioners has adopted a Minority- and Women-owned Business Enterprise Ordinance (the "Ordinance") which establishes a goal of awarding not less than twenty-five percent (annual goals for MBE and WBE participation as outlined below: Goods and Services 25%) of the annual total dollar amount of contracts to certified MBEs and ten percent (% 10%) of the annual dollar value of all such contracts to certified WBEs.% Construction 24% 10% Professional Services 35% Overall B. The County may shall set contract-specific goals for each contractgoals, based on the availability of MBEs and WBEs that are certified to provide commodities or services specified in this bid solicitation document. The MBE/WBE percentages required participation goals for this contract are Agreement is [zero percent (0%)]. A Bid Bid, Quotation, or Quotation Proposal shall be rejected if the County determines that a Bid or Quotation it fails to comply with this General ConditionCondition in any way, including but not limited to, commitments : (i) failing to state an enforceable commitment to achieve for this contract, contract the MBE/ identified MBE/WBE goals of the contract amount Contract goals; or (ii) failing to include a Petition for Reduction/Waiver documenting why Waiver, which states that the goals for MBE/WBE participation are not attainable despite the contractor's Bidder or Proposer Good Faith Efforts, and explains why. A Bid If a Bid, Quotation, or Quotation may be rejected and Proposal is rejected, then a new Bid Bid, Quotation, or Quotation Proposal may be solicited if the public interest is served thereby. Unless otherwise specified in the Bid or Quotation Documents, for purposes of this GC-19, the contract amount is the amount that has been entered on the Proposal page of the Bid or Quotation Documents. C. Except to To the extent that a Bid Bid, Quotation, or Quotation Proposal includes a Petition for Reduction/Waiver requestthat is approved by the Office of Contract Compliance, the contract Contract specific MBE and WBE participation goals may be achieved by the Bid proposed Bidder or Quotation entities’ Proposer’s status as a an MBE or WBE; by entering into a joint the Bidder or Proposer’s enforceable joint-venture agreement with one or more MBEs and/or WBEs; by subcontracting a portion of the work to Bidder or Proposer entering into one or more MBEs enforceable subcontracting agreements with one or more MBE and WBEsWBE; by the Bidder or Proposer establishing and carrying out a an enforceable mentor/protégé agreementagreement with one or more MBE and WBE; by the Bidder or Proposer actively engaging the Indirect Participation of one or more MBEs MBE and WBEs used by the entity submitting a Bid or Quotation WBE in other aspects of its business; or by any combination of the foregoing foregoing, so long as the Utilization Plan evidences a commitment to meet the MBE and WBE contract Contract goals set forth in (B) above, as approved by the Office of Contract Compliance. D. The same Business EnterpriseA single Person, whether as a contractordefined in the Procurement Code, subcontractor or supplier, canmay not be utilized as both a an MBE and a WBE on the same contractContract, whether as a Consultant, Subcontractor or supplier. E. To the extent that the Ordinance does not apply to this Bid or Quotation, unless Unless specifically waived in the Bid or Quotation Proposal Documents, this GC-19 Exhibit; the Ordinance; and the wording of the Ordinance policies and procedures promulgated thereunder shall applygovern. If there is a conflict between this GC-19 Exhibit and the Ordinance or the wording of the Ordinancepolicies and procedures, the Ordinance or its wording controlsshall control. F. A ContractorConsultant’s failure to carry out its commitments commitment regarding MBE and WBE participation in the course of the Contract’s performance shall may constitute a material breach of the Contract and if Contract. If such breach is not appropriately cured, it may result in withholding of payments under the termination Contract, contractual penalties, disqualification and any other remedy provided for in Division 4 of the Contract Procurement Code at law or such remedy authorized by the Ordinance as the County deems appropriatein equity.

Appears in 1 contract

Samples: Professional Services Agreement

POLICY AND GOALS. A. It is the policy of the County of Cook Xxxx to prevent discrimination in the award of or participation in County contracts Contracts and to eliminate arbitrary barriers for participation, as both prime and sub- contractors, participation in such contracts Contracts by local businesses certified as a Minority Business Enterprises Enterprise (MBE) and Women-owned Business Enterprises Enterprise (WBE)) as both prime and sub-contractors. In furtherance of this policy, the Cook Xxxx County Board of Commissioners has adopted a Minority- and Women-owned Business Enterprise Ordinance (the "Ordinance") which establishes a goal of awarding not less than twenty-five percent (annual goals for MBE and WBE participation as outlined below: Goods and Services 25%) of the annual total dollar amount of contracts to certified MBEs and ten percent (% 10%) of the annual dollar value of all such contracts to certified WBEs.% Construction 24% 10% Professional Services 35% Overall SAMPLE B. The County may shall set contract-specific goals for each contractgoals, based on the availability of MBEs and WBEs that are certified to provide commodities or services specified in this bid solicitation document. The MBE/WBE percentages required participation goals for this contract are 0%Agreement is [provide the goal for this Agreement]. A Bid Bid, Quotation, or Quotation Proposal shall be rejected if the County determines that a Bid or Quotation it fails to comply with this General ConditionCondition in any way, including but not limited to, commitments : (i) failing to state an enforceable commitment to achieve for this contract, contract the MBE/ identified MBE/WBE goals of the contract amount Contract goals; or (ii) failing to include a Petition for Reduction/Waiver documenting why Waiver, which states that the goals for MBE/WBE participation are not attainable despite the contractor's Bidder or Proposer Good Faith Efforts, and explains why. A Bid If a Bid, Quotation, or Quotation may be rejected and Proposal is rejected, then a new Bid Bid, Quotation, or Quotation Proposal may be solicited if the public interest is served thereby. Unless otherwise specified in the Bid or Quotation Documents, for purposes of this GC-19, the contract amount is the amount that has been entered on the Proposal page of the Bid or Quotation Documents. C. Except to To the extent that a Bid Bid, Quotation, or Quotation Proposal includes a Petition for Reduction/Waiver requestthat is approved by the Office of Contract Compliance, the contract Contract specific MBE and WBE participation goals may be achieved by the Bid proposed Bidder or Quotation entities’ Proposer’s status as a an MBE or WBE; by entering into a joint the Bidder or Proposer’s enforceable joint-venture agreement with one or more MBEs and/or WBEs; by subcontracting a portion of the work to Bidder or Proposer entering into one or more MBEs enforceable subcontracting agreements with one or more MBE and WBEsWBE; by the Bidder or Proposer establishing and carrying out a an enforceable mentor/protégé agreementagreement with one or more MBE and WBE; by the Bidder or Proposer actively engaging the Indirect Participation of one or more MBEs MBE and WBEs used by the entity submitting a Bid or Quotation WBE in other aspects of its business; or by any combination of the foregoing foregoing, so long as the Utilization Plan evidences a commitment to meet the MBE and WBE contract Contract goals set forth in (B) above, as approved by the Office of Contract Compliance. D. The same Business EnterpriseA single Person, whether as a contractordefined in the Procurement Code, subcontractor or supplier, canmay not be utilized as both a an MBE and a WBE on the same contractContract, whether as a Consultant, Subcontractor or supplier. E. To the extent that the Ordinance does not apply to this Bid or Quotation, unless Unless specifically waived in the Bid or Quotation Proposal Documents, this GC-19 Exhibit; the Ordinance; and the wording of the Ordinance policies and procedures promulgated thereunder shall applygovern. If there is a conflict between this GC-19 Exhibit and the Ordinance or the wording of the Ordinancepolicies and procedures, the Ordinance or its wording controlsshall control. F. A ContractorConsultant’s failure to carry out its commitments commitment regarding MBE and WBE participation in the course of the Contract’s performance shall may constitute a material breach of the Contract and if Contract. If such breach is not appropriately cured, it may result in withholding of payments under the termination Contract, contractual penalties, disqualification and any other remedy provided for in Division 4 of the Contract Procurement Code at law or such remedy authorized by the Ordinance as the County deems appropriatein equity.

Appears in 1 contract

Samples: Professional Services

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POLICY AND GOALS. A. It is the policy of the County of Cook to prevent discrimination in the award of or participation in County contracts Contracts and to eliminate arbitrary barriers for participation, as both prime and sub- contractors, participation in such contracts Contracts by local businesses certified as a Minority Business Enterprises Enterprise (MBE) and Women-owned Business Enterprises Enterprise (WBE)) as both prime and sub-contractors. In furtherance of this policy, the Cook County Board of Commissioners has adopted a Minority- and Women-owned Business Enterprise Ordinance (the "Ordinance") which establishes a goal of awarding not less than twenty-five percent (25%) of the annual total dollar amount of contracts to certified MBEs goals for MBE and ten percent (10%) of the annual dollar value of all such contracts to certified WBEs.WBE participation as outlined below: B. The County may shall set contract-specific goals for each contractgoals, based on the availability of MBEs and WBEs that are certified to provide commodities or services specified in this bid solicitation document. The MBE/WBE percentages required participation goals for this contract are Agreement is zero percent (0%). A Bid Bid, Quotation, or Quotation Proposal shall be rejected if the County determines that a Bid or Quotation it fails to comply with this General ConditionCondition in any way, including but not limited to, commitments : (i) failing to state an enforceable commitment to achieve for this contract, contract the MBE/ identified MBE/WBE goals of the contract amount Contract goals; or (ii) failing to include a Petition for Reduction/Waiver documenting why Waiver, which states that the goals for MBE/WBE participation are not attainable despite the contractor's Bidder or Proposer Good Faith Efforts, and explains why. A Bid If a Bid, Quotation, or Quotation may be rejected and Proposal is rejected, then a new Bid Bid, Quotation, or Quotation Proposal may be solicited if the public interest is served thereby. Unless otherwise specified in the Bid or Quotation Documents, for purposes of this GC-19, the contract amount is the amount that has been entered on the Proposal page of the Bid or Quotation Documents. C. Except to To the extent that a Bid Bid, Quotation, or Quotation Proposal includes a Petition for Reduction/Waiver requestthat is approved by the Office of Contract Compliance, the contract Contract specific MBE and WBE participation goals may be achieved by the Bid proposed Bidder or Quotation entities’ Proposer’s status as a an MBE or WBE; by entering into a joint the Bidder or Proposer’s enforceable joint-venture agreement with one or more MBEs and/or WBEs; by subcontracting a portion of the work to Bidder or Proposer entering into one or more MBEs enforceable subcontracting agreements with one or more MBE and WBEsWBE; by the Bidder or Proposer establishing and carrying out a an enforceable mentor/protégé agreementagreement with one or more MBE and WBE; by the Bidder or Proposer actively engaging the Indirect Participation of one or more MBEs MBE and WBEs used by the entity submitting a Bid or Quotation WBE in other aspects of its business; or by any combination of the foregoing foregoing, so long as the Utilization Plan evidences a commitment to meet the MBE and WBE contract Contract goals set forth in (B) above, as approved by the Office of Contract Compliance. D. The same Business EnterpriseA single Person, whether as a contractordefined in the Procurement Code, subcontractor or supplier, canmay not be utilized as both a an MBE and a WBE on the same contractContract, whether as a Consultant, Subcontractor or supplier. E. To the extent that the Ordinance does not apply to this Bid or Quotation, unless Unless specifically waived in the Bid or Quotation Proposal Documents, this GC-19 Exhibit; the Ordinance; and the wording of the Ordinance policies and procedures promulgated thereunder shall applygovern. If there is a conflict between this GC-19 Exhibit and the Ordinance or the wording of the Ordinancepolicies and procedures, the Ordinance or its wording controlsshall control. F. A ContractorConsultant’s failure to carry out its commitments commitment regarding MBE and WBE participation in the course of the Contract’s performance shall may constitute a material breach of the Contract and if Contract. If such breach is not appropriately cured, it may result in withholding of payments under the termination Contract, contractual penalties, disqualification and any other remedy provided for in Division 4 of the Contract Procurement Code at law or such remedy authorized by the Ordinance as the County deems appropriatein equity.

Appears in 1 contract

Samples: Professional Services

POLICY AND GOALS. A. It is the policy of the County of Cook Cook, hence of CCH, to prevent discrimination in the award of or participation in County contracts and to eliminate arbitrary barriers for participation, as both prime and sub- contractors, participation in such contracts by local businesses certified as Minority Minority-owned Business Enterprises (MBE) and or Women-owned Business Enterprises (WBE)”) as both prime and sub-contractors. In furtherance of this policy, the Cook County Board of Commissioners has adopted a Minority- and Women-owned Women- Owned Business Enterprise General Ordinance set forth in Cook County Code of Ordinances Section 34-260 et seq. (the "MBE/WBE Ordinance") at (https://xxxxxxx.xxxxxxxx.xxx/xx/xxxx_xxxxx x/codes/code_of_ordinances?nodeId=ptigeor_ch34fi_artivprco_div8miomnebuen), which establishes a goal of awarding not less than twenty-five percent (annual goals for MBE and WBE participation, such as the following: Contract Type Goals MBE WBE Goods and Services 25%) of the annual total dollar amount of contracts to certified MBEs and ten percent (% 10%) of the annual dollar value of all such contracts to certified WBEs.% Construction 24% 10% Professional Services 35% Overall B. The County and CCH may set contract-specific goals for each contractgoals, based on the availability of MBEs and WBEs that are certified to provide commodities or services specified in this bid a solicitation document. The MBE/WBE percentages required participation goals for this each contract are 0%stated in the Special Conditions. A Bid Bid, Quotation, or Quotation Proposal shall be rejected if the County or CCH determines that a Bid or Quotation it fails to comply with this General ConditionGC-19 in any way, including but not limited to, commitments (i) failing to state an enforceable commitment to achieve for this contract, contract the MBE/ identified MBE/WBE goals of the contract amount goals; or (ii) failing to include a Petition for Reduction/Waiver documenting why Waiver, which states that the goals for MBE/WBE participation are not attainable despite the contractor's Good Faith EffortsBidder or Proposer good faith efforts, and explains why. A Bid If a Bid, Quotation, or Quotation Proposal is rejected by County or CCH, then County or CCH may be rejected and solicit a new Bid Bid, Quotation, or Quotation may be solicited Proposal if the public interest is served thereby. Unless otherwise specified in The Office of Contract Compliance has determined that the Bid or Quotation Documents, participation for purposes of this GC-19, the specific contract amount is the amount that has been entered on the Proposal page of the Bid or Quotation DocumentsXXXX MBE % participation and XXX WBE % participation. C. Except to To the extent that a Bid Bid, Quotation, or Quotation Proposal includes a Petition for Reduction/Waiver requestthat is approved by the Office of Contract Compliance, the contract specific MBE and WBE participation goals may be achieved (i) by the Bid proposed Bidder or Quotation entities’ Proposer’s status as a an MBE or WBE; (ii) by entering into a joint the Bidder or Proposer’s enforceable joint-venture agreement with one or more MBEs and/or WBEs; (iii) by the Bidder or Proposer entering into one or more enforceable subcontracting a portion of agreements with one or more MBE and WBE; (iv) by the work to Bidder or Proposer establishing and carrying out an enforceable mentor/protégé agreement with one or more MBEs and WBEs; (v) by establishing and carrying out a mentor/protégé agreement; by the Bidder or Proposer actively engaging the Indirect Participation of one or more MBEs and WBEs used by the entity submitting a Bid or Quotation in other aspects of its business; or (vi) by any combination of the foregoing so long as foregoing, provided the Utilization Plan evidences a commitment to meet the MBE and WBE contract goals set forth in (B) aboveParagraph 1.B, as approved by the Office of Contract Compliance. D. The same Business Enterprise, whether A single Person (as a contractor, subcontractor or supplier, candefined in the Procurement Code) may not be utilized as both a MBE and a WBE on the same contract, whether as a contractor, subcontractor or supplier. E. To the extent that the Ordinance does not apply to this Bid or Quotation, unless Unless specifically waived in the Bid or Quotation Proposal Documents, this GC-19 GC-19, the MBE/WBE Ordinance, and the wording of the Ordinance policies and procedures promulgated thereunder shall applygovern. If there is a conflict between this GC-19 and GC-19, the MBE/WBE Ordinance or the wording of the Ordinancepolicies and procedures, the MBE/WBE Ordinance or its wording controlsshall control. F. A Contractorcontractor’s failure to carry out its commitments commitment regarding MBE and WBE participation in the course of the Contractcontract’s performance shall may constitute a material breach of the Contract and if contract. If such breach is not appropriately cured, it may result in withholding of payments under the termination contract, contractual penalties, disqualification and any other remedy provided for in Division 4 of the Contract Procurement Code and at law or such remedy authorized by the Ordinance as the County deems appropriatein equity.

Appears in 1 contract

Samples: Master Services Agreement

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