101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5253

 

Introduced , by Rep. Frances Ann Hurley

 

SYNOPSIS AS INTRODUCED:
 
New Act
70 ILCS 410/6  from Ch. 96 1/2, par. 7106
70 ILCS 805/8  from Ch. 96 1/2, par. 6315
70 ILCS 810/14  from Ch. 96 1/2, par. 6417

    Creates the Forest Preserve District and Conservation District Design-Build Authorization Act. Provides that a forest preserve district or conservation district may enter into design-build contracts. Includes scope and performance criteria for design-build contracts, a two-phase procedure for selection of contracts, requirements for submission of proposals, procedures for awarding contracts, and requirements of reports and evaluation of contracts. Provides that if the total overall cost of a project is estimated to be less than $12,000,000, the forest preserve or conservation district may combine the two-phase procedure for selection into one phase. Amends the Conservation District Act, Downstate Forest Preserve District Act, and Cook County Forest Preserve District Act making conforming changes. Further amends those Acts increasing the minimum contract amount to $50,000 (currently $25,000) before competitive bidding is required. Effective January 1, 2021.


LRB101 18472 AWJ 67920 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5253LRB101 18472 AWJ 67920 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Forest
5Preserve District and Conservation District Design-Build
6Authorization Act.
 
7    Section 5. Purpose. This purpose of this Act is to
8authorize forest preserve districts and conservation districts
9to use design-build processes to increase the efficiency and
10effectiveness of delivering public projects.
 
11    Section 10. Definitions. As used in this Act:
12    "Delivery system" means the design and construction
13approach used to develop and construct a project.
14    "Design-bid-build" means the traditional delivery system
15used on public projects that incorporates the Local Government
16Professional Services Selection Act, the competitive bidding
17process set forth in Section 6 of the Conservation District
18Act, the competitive bidding process set forth in subsection
19(b) of Section 8 of the Downstate Forest Preserve District Act,
20or the competitive bidding process set forth in Section 14 of
21the Cook County Forest Preserve District Act.
22    "Design-build" means a delivery system that provides

 

 

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1responsibility within a single contract for the furnishing of
2architecture, engineering, land surveying, and related
3services as required and the labor, materials, equipment, and
4other construction services for the project.
5    "Design-build contract" means a contract for a public
6project under this Act between a forest preserve district or
7conservation district and a design-build entity to furnish:
8architecture, engineering, land surveying, public art or
9interpretive exhibits, and related services, as required; and
10the labor, materials, equipment, and other construction
11services for the project.
12    "Design-build entity" means any individual, sole
13proprietorship, firm, partnership, joint venture, corporation,
14professional corporation, or other entity that proposes to
15design and construct any public project under this Act. A
16design-build entity and associated design professionals shall
17conduct themselves in accordance with the relevant laws of this
18State and the related provisions of the Illinois Administrative
19Code.
20    "Design professional" means any individual, sole
21proprietorship, firm, partnership, joint venture, corporation,
22professional corporation, or other entity that offers services
23under the Illinois Architecture Practice Act of 1989, the
24Professional Engineering Practice Act of 1989, the Structural
25Engineering Practice Act of 1989, the Illinois Professional
26Land Surveyor Act of 1989.

 

 

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1    "Evaluation criteria" means the requirements for the
2separate phases of the selection process as defined in this Act
3and may include the specialized experience, technical
4qualifications and competence, capacity to perform, past
5performance, experience with similar projects, assignment of
6personnel to the project, and other appropriate factors.
7    "Proposal" means the offer to enter into a design-build
8contract as submitted by a design-build entity in accordance
9with this Act.
10    "Public art designer" means any individual, sole
11proprietorship, firm, partnership, joint venture, corporation,
12professional corporation, or other entity that has
13demonstrated experience with the design and fabrication of
14public art including any media that has been planned and
15executed with the intention of being staged in the physical
16public domain outside and accessible to all or any art which is
17exhibited in a public space including publicly accessible
18buildings, or interpretive exhibits including communication
19media that is designed to engage, excite, inform, relate or
20reveal the intrinsic nature or indispensable quality of a topic
21or story being presented.
22    "Request for proposal" means the document used by the
23forest preserve district or conservation district to solicit
24proposals for a design-build contract.
25    "Scope and performance criteria" means the requirements
26for the public project, including, but not limited to, the

 

 

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1intended usage, capacity, size, scope, quality and performance
2standards, life-cycle costs, and other programmatic criteria
3that are expressed in performance-oriented and quantifiable
4specifications and drawings that can be reasonably inferred and
5are suited to allow a design-build entity to develop a
6proposal.
 
7    Section 15. Solicitation of proposals.
8    (a) A forest preserve district or conservation district may
9enter into design-build contracts. In addition to the
10requirements set forth in its local ordinances, when the forest
11preserve district or conservation district elects to use the
12design-build delivery method, it must issue a notice of intent
13to receive proposals for the project at least 14 days before
14issuing the request for the proposal. The forest preserve
15district or conservation district must publish the advance
16notice in the manner prescribed by ordinance, which shall
17include posting the advance notice online on its website. The
18forest preserve district or conservation district may publish
19the notice in construction industry publications or post the
20notice on construction industry websites. A brief description
21of the proposed procurement must be included in the notice. The
22forest preserve district or conservation district must provide
23a copy of the request for proposal to any party requesting a
24copy.
25    (b) The request for proposal shall be prepared for each

 

 

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1project and must contain, without limitation, the following
2information:
3        (1) The name of the forest preserve district or
4    conservation district.
5        (2) A preliminary schedule for the completion of the
6    contract.
7        (3) The proposed budget for the project, the source of
8    funds, and the currently available funds at the time the
9    request for proposal is submitted.
10        (4) Prequalification criteria for design-build
11    entities wishing to submit proposals. The forest preserve
12    district or conservation district shall include, at a
13    minimum, its normal prequalification, licensing,
14    registration, and other requirements; however, nothing
15    precludes the use of additional prequalification criteria
16    by the forest preserve district or conservation district.
17        (5) Material requirements of the contract, including,
18    but not limited to, the proposed terms and conditions,
19    required performance and payment bonds, insurance, and the
20    entity's plan to comply with the utilization goals for
21    business enterprises established in the Business
22    Enterprise for Minorities, Women, and Persons with
23    Disabilities Act and with Section 2-105 of the Illinois
24    Human Rights Act.
25        (6) The performance criteria.
26        (7) The evaluation criteria for each phase of the

 

 

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1    solicitation. Price may not be used as a factor in the
2    evaluation of Phase I proposals.
3        (8) The number of entities that will be considered for
4    the technical and cost evaluation phase.
5    (c) The forest preserve district or conservation district
6may include any other relevant information that it chooses to
7supply. The design-build entity shall be entitled to rely upon
8the accuracy of this documentation in the development of its
9proposal.
10    (d) The date that proposals are due must be at least 21
11calendar days after the date of the issuance of the request for
12proposal. In the event the cost of the project is estimated to
13exceed $12,000,000, then the proposal due date must be at least
1428 calendar days after the date of the issuance of the request
15for proposal. The forest preserve district or conservation
16district shall include in the request for proposal a minimum of
1730 days to develop the Phase II submissions after the selection
18of entities from the Phase I evaluation is completed.
 
19    Section 20. Development of scope and performance criteria.
20    (a) The forest preserve district or conservation district
21shall develop, with the assistance of a licensed design
22professional or public art designer, a request for proposal,
23which shall include scope and performance criteria. The scope
24and performance criteria must be in sufficient detail and
25contain adequate information to reasonably apprise the

 

 

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1qualified design-build entities of the forest preserve
2district's or conservation district's overall programmatic
3needs and goals, including criteria and preliminary design
4plans, general budget parameters, schedule, and delivery
5requirements.
6    (b) Each request for proposal shall also include a
7description of the level of design to be provided in the
8proposals. This description must include the scope and type of
9renderings, drawings, and specifications that, at a minimum,
10will be required by the forest preserve district or
11conservation district to be produced by the design-build
12entities.
13    (c) The scope and performance criteria shall be prepared by
14a design professional or public art designer who is an employee
15of the forest preserve district or conservation district, or
16the forest preserve district or conservation district may
17contract with an independent design professional or public art
18designer selected under the Local Government Professional
19Services Selection Act to provide these services.
20    (d) The design professional or public art designer that
21prepares the scope and performance criteria is prohibited from
22participating in any design-build entity proposal for the
23project.
24    (e) The design-build contract may be conditioned upon
25subsequent refinements in scope and price and may allow the
26forest preserve district or conservation district to make

 

 

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1modifications in the project scope without invalidating the
2design-build contract.
 
3    Section 25. Procedures for Selection.
4    (a) The forest preserve district or conservation district
5must use a two-phase procedure for the selection of the
6successful design-build entity. Phase I of the procedure will
7evaluate and shortlist the design-build entities based on
8qualifications, and Phase II will evaluate the technical and
9cost proposals.
10    (b) The forest preserve district or conservation district
11shall include in the request for proposal the evaluating
12factors to be used in Phase I. These factors are in addition to
13any prequalification requirements of design-build entities
14that the forest preserve district or conservation district has
15set forth. Each request for proposal shall establish the
16relative importance assigned to each evaluation factor and
17subfactor, including any weighting of criteria to be employed
18by the forest preserve district or conservation district. The
19forest preserve district or conservation district must
20maintain a record of the evaluation scoring to be disclosed in
21event of a protest regarding the solicitation.
22    The forest preserve district or conservation district
23shall include the following criteria in every Phase I
24evaluation of design-build entities: (i) experience of
25personnel; (ii) successful experience with similar project

 

 

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1types; (iii) financial capability; (iv) timeliness of past
2performance; (v) experience with similarly sized projects;
3(vi) successful reference checks of the firm; (vii) commitment
4to assign personnel for the duration of the project and
5qualifications of the entity's consultants; and (viii) ability
6or past performance in meeting or exhausting good faith efforts
7to meet the utilization goals for business enterprises
8established in the Business Enterprise for Minorities, Women,
9and Persons with Disabilities Act and with Section 2-105 of the
10Illinois Human Rights Act. The forest preserve district or
11conservation district may include any additional relevant
12criteria in Phase I that it deems necessary for a proper
13qualification review.
14    The forest preserve district or conservation district may
15not consider any design-build entity for evaluation or award if
16the entity has any pecuniary interest in the project or has
17other relationships or circumstances, including but not
18limited to, long-term leasehold, mutual performance, or
19development contracts with the forest preserve district or
20conservation district, that may give the design-build entity a
21financial or tangible advantage over other design-build
22entities in the preparation, evaluation, or performance of the
23design-build contract or that create the appearance of
24impropriety. No proposal shall be considered that does not
25include an entity's plan to comply with the requirements
26established in the Business Enterprise for Minorities, Women,

 

 

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1and Persons with Disabilities Act, for both the design and
2construction areas of performance, and with Section 2-105 of
3the Illinois Human Rights Act.
4    Upon completion of the qualifications evaluation, the
5forest preserve district or conservation district shall create
6a shortlist of the most highly qualified design-build entities.
7The forest preserve district or conservation district, in its
8discretion, is not required to shortlist the maximum number of
9entities as identified for Phase II evaluation, provided that
10no less than 2 design-build entities nor more than 6 are
11selected to submit Phase II proposals.
12    The forest preserve district or conservation district
13shall notify the entities selected for the shortlist in
14writing. This notification shall commence the period for the
15preparation of the Phase II technical and cost evaluations. The
16forest preserve district or conservation district must allow
17sufficient time for the shortlist entities to prepare their
18Phase II submittals considering the scope and detail requested
19by the forest preserve district or conservation district.
20    (c) The forest preserve district or conservation district
21shall include in the request for proposal the evaluating
22factors to be used in the technical and cost submission
23components of Phase II. Each request for proposal shall
24establish, for both the technical and cost submission
25components of Phase II, the relative importance assigned to
26each evaluation factor and subfactor, including any weighting

 

 

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1of criteria to be employed by the forest preserve district or
2conservation district. The forest preserve district or
3conservation district must maintain a record of the evaluation
4scoring to be disclosed in event of a protest regarding the
5solicitation.
6    The forest preserve district or conservation district
7shall include the following criteria in every Phase II
8technical evaluation of design-build entities: (i) compliance
9with objectives of the project; (ii) compliance of proposed
10services to the request for proposal requirements; (iii)
11quality of products or materials proposed; (iv) quality of
12design parameters; (v) design concepts; (vi) innovation in
13meeting the scope and performance criteria; and (vii)
14constructability of the proposed project. The forest preserve
15district or conservation district may include any additional
16relevant technical evaluation factors it deems necessary for
17proper selection.
18    The forest preserve district or conservation district
19shall include the following criteria in every Phase II cost
20evaluation: the total project cost, the construction costs, and
21the time of completion. The forest preserve or conservation
22district may include any additional relevant technical
23evaluation factors it deems necessary for proper selection. The
24total project cost criteria weighing factor shall not exceed
2560%.
26    The forest preserve or conservation district shall

 

 

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1directly employ or retain a licensed design professional or a
2public art designer to evaluate the technical and cost
3submissions to determine if the technical submissions are in
4accordance with generally accepted industry standards.
5    Upon completion of the technical submissions and cost
6submissions evaluation, the forest preserve or conservation
7district may award the design-build contract to the highest
8overall ranked entity.
 
9    Section 30. Small projects. In any case where the total
10overall cost of the project is estimated to be less than
11$12,000,000, the forest preserve or conservation district may
12combine the two-phase procedure for selection described in
13Section 25 into one combined step, provided that all the
14requirements of evaluation are performed in accordance with
15Section 25.
 
16    Section 35. Submission of proposals. Proposals must be
17properly identified and sealed. Proposals may not be reviewed
18until after the deadline for submission has passed as set forth
19in the request for proposals. All design-build entities
20submitting proposals shall be disclosed after the deadline for
21submission, and all design-build entities who are selected for
22Phase II evaluation shall also be disclosed at the time of that
23determination.
24    Proposals shall include a bid bond in the form and security

 

 

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1as designated in the request for proposals. Proposals shall
2also contain a separate sealed envelope with the cost
3information within the overall proposal submission. Proposals
4shall include a list of all design professionals, public art
5designers, and other entities to which any work may be
6subcontracted during the performance of the contract.
7    Proposals must meet all material requirements of the
8request for proposal or they may be rejected as non-responsive.
9The forest preserve or conservation district shall have the
10right to reject any and all proposals.
11    The drawings and specifications of the proposal may remain
12the property of the design-build entity.
13    The forest preserve or conservation district shall review
14the proposals for compliance with the performance criteria and
15evaluation factors.
16    Proposals may be withdrawn prior to evaluation for any
17cause. After evaluation begins by the forest preserve or
18conservation district, clear and convincing evidence of error
19is required for withdrawal.
 
20    Section 40. Award. The forest preserve or conservation
21district may award the contract to the highest overall ranked
22entity. Notice of award shall be made in writing. Unsuccessful
23entities shall also be notified in writing. The forest preserve
24or conservation district may not request a best and final offer
25after the receipt of proposals. The forest preserve or

 

 

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1conservation district may negotiate with the selected
2design-build entity after award but prior to contract execution
3for the purpose of securing better terms than originally
4proposed, provided that the salient features of the request for
5proposal are not diminished.
 
6    Section 45. Reports and evaluation. At the end of every 6
7month period following the contract award, and again prior to
8final contract payout and closure, a selected design-build
9entity shall detail, in a written report submitted to the
10forest preserve or conservation district, its efforts and
11success in implementing the entity's plan to comply with the
12utilization goals for business enterprises established in the
13Business Enterprise for Minorities, Women, and Persons with
14Disabilities Act and the provisions of Section 2-105 of the
15Illinois Human Rights Act.
 
16    Section 905. The Conservation District Act is amended by
17changing Section 6 as follows:
 
18    (70 ILCS 410/6)  (from Ch. 96 1/2, par. 7106)
19    Sec. 6. Officers and employees. As soon as possible after
20the initial election or the initial appointments, as the case
21may be, the trustees shall organize by selecting from their
22members a president, secretary, treasurer, and other officers
23as are deemed necessary, who shall hold office for 2 years in

 

 

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1the case of an elected board, or the fiscal year in which
2elected in the case of an appointed board, and until their
3successors are selected and qualify. Three trustees shall
4constitute a quorum of the board for the transaction of
5business if the district has 5 trustees. If the district has 7
6trustees, 4 trustees shall constitute a quorum of the board for
7the transaction of business. The board shall hold regular
8monthly meetings. Special meetings may be called by the
9president and shall be called on the request of a majority of
10members, as may be required.
11    The board shall provide for the proper and safe keeping of
12its permanent records and for the recording of the corporate
13action of the district. It shall keep a proper system of
14accounts showing a true and accurate record of its receipts and
15disbursements, and it shall cause an annual audit to be made of
16its books, records, and accounts.
17    The records of the district shall be subject to public
18inspection at all reasonable hours and under regulations as the
19board may prescribe.
20    The district shall annually make a full and complete report
21to the county board of each county within the district and to
22the Department of Natural Resources of its transactions and
23operations for the preceding year. The report shall contain a
24full statement of its receipts, disbursements, and the program
25of work for the period covered, and may include recommendations
26as may be deemed advisable.

 

 

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1    Executive or ministerial duties may be delegated to one or
2more trustees or to an authorized officer, employee, agent,
3attorney, or other representative of the district.
4    All officers and employees authorized to receive or retain
5the custody of money or to sign vouchers, checks, warrants, or
6evidences of indebtedness binding upon the district shall
7furnish surety bond for the faithful performance of their
8duties and the faithful accounting for all moneys that may come
9into their hands in an amount to be fixed and in a form to be
10approved by the board.
11    All contracts for supplies, material, or work involving an
12expenditure in excess of $50,000 $25,000, or a lower amount if
13required by board policy, shall be let to the lowest
14responsible bidder, after due advertisement, excepting work
15requiring personal confidence or necessary supplies under the
16control of monopolies, where competitive bidding is impossible
17or as provided in the Forest Preserve District and Conservation
18District Design-Build Authorization Act. All contracts for
19supplies, material, or work shall be signed by the president of
20the board and by any other officer as the board in its
21discretion may designate.
22(Source: P.A. 99-771, eff. 8-12-16.)
 
23    Section 910. The Downstate Forest Preserve District Act is
24amended by changing Section 8 as follows:
 

 

 

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1    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
2    Sec. 8. Powers and duties of corporate authority and
3officers; contracts; salaries.
4    (a) The board shall be the corporate authority of such
5forest preserve district and shall have power to pass and
6enforce all necessary ordinances, rules and regulations for the
7management of the property and conduct of the business of such
8district. The president of such board shall have power to
9appoint such employees as may be necessary. In counties with
10population of less than 3,000,000, within 60 days after their
11selection the commissioners appointed under the provisions of
12Section 3a of this Act shall organize by selecting from their
13members a president, vice president, secretary, treasurer and
14such other officers as are deemed necessary who shall hold
15office for the fiscal year in which elected and until their
16successors are selected and qualify. In the one district in
17existence on July 1, 1977, that is managed by an appointed
18board of commissioners, the incumbent president and the other
19officers appointed in the manner as originally prescribed in
20this Act shall hold such offices until the completion of their
21respective terms or in the case of the officers other than
22president until their successors are appointed by said
23president, but in all cases not to extend beyond January 1,
241980 and until their successors are selected and qualify.
25Thereafter, the officers shall be selected in the manner as
26prescribed in this Section except that their first term of

 

 

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1office shall not expire until June 30, 1981 and until their
2successors are selected and qualify.
3    (a-5) An officer selected pursuant to subsection (a) may be
4removed, with or without cause, upon a motion adopted by an
5affirmative vote of four-fifths of the board of the forest
6preserve district. Upon adoption of a motion to remove an
7officer: (i) the office becomes vacant and the former officer's
8compensation shall be prorated to the date the motion was
9approved; (ii) if the officer removed is the president then the
10vice president immediately assumes the duties of the president
11without president compensation and, if the officer removed is
12the vice president, treasurer, or secretary, then the president
13shall select an interim appointee who shall serve until the
14next regularly scheduled forest preserve district board
15meeting; and (iii) a new officer shall be selected at the next
16regularly scheduled forest preserve district board meeting. An
17officer removed under this Section maintains his or her status
18as a member of the forest preserve district board.
19    (b) In any county, city, village, incorporated town or
20sanitary district where the corporate authorities act as the
21governing body of a forest preserve district, the person
22exercising the powers of the president of the board shall have
23power to appoint a secretary and an assistant secretary and
24treasurer and an assistant treasurer and such other officers
25and such employees as may be necessary. The assistant secretary
26and assistant treasurer shall perform the duties of the

 

 

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1secretary and treasurer, respectively in case of death of such
2officers or when such officers are unable to perform the duties
3of their respective offices. All contracts for supplies,
4material or work involving an expenditure in excess of $50,000
5$25,000, or a lower amount if required by board policy, shall
6be let to the lowest responsible bidder, after advertising at
7least once in one or more newspapers of general circulation
8within the district, excepting work requiring personal
9confidence or necessary supplies under the control of
10monopolies, where competitive bidding is impossible, or as
11provided in the Forest Preserve District and Conservation
12District Design-Build Authorization Act. Contracts for
13supplies, material or work involving an expenditure of $50,000
14$25,000, or a lower amount if required by board policy, or less
15may be let without advertising for bids, but whenever
16practicable, at least 3 competitive bids shall be obtained
17before letting such contract. All contracts for supplies,
18material or work shall be signed by the president of the board
19of commissioners or by any such other officer as the board in
20its discretion may designate.
21    (c) The president of any board of commissioners appointed
22under the provisions of Section 3a of this Act shall receive a
23salary not to exceed the sum of $2500 per annum and the salary
24of other members of the board so appointed shall not exceed
25$1500 per annum. Salaries of the commissioners, officers and
26employees shall be fixed by ordinance.

 

 

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1    (d) Whenever a forest preserve district owns any personal
2property that, in the opinion of three-fifths of the members of
3the board of commissioners, is no longer necessary, useful to,
4or for the best interests of the forest preserve district, then
5three-fifths of the members of the board, at any regular
6meeting or any special meeting called for that purpose by an
7ordinance or resolution that includes a general description of
8the personal property, may authorize the conveyance or sale of
9that personal property in any manner that they may designate,
10with or without advertising the sale.
11(Source: P.A. 101-544, eff. 8-23-19.)
 
12    Section 915. The Cook County Forest Preserve District Act
13is amended by changing Section 14 as follows:
 
14    (70 ILCS 810/14)  (from Ch. 96 1/2, par. 6417)
15    Sec. 14. The board, as corporate authority of a forest
16preserve district, shall have power to pass and enforce all
17necessary ordinances, rules and regulations for the management
18of the property and conduct of the business of such district.
19The president of such board shall have power to appoint a
20secretary and an assistant secretary, and treasurer and an
21assistant treasurer and such other officers and such employees
22as may be necessary, all of whom, excepting the treasurer and
23attorneys, shall be under civil service rules and regulations,
24as provided in Section 17 of this Act. The assistant secretary

 

 

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1and assistant treasurer shall perform the duties of the
2secretary and treasurer, respectively, in case of death of said
3officers or when said officers are unable to perform the duties
4of their respective offices because of absence or inability to
5act. All contracts for supplies, material or work involving an
6expenditure by forest preserve districts in excess of $50,000
7$25,000 shall be let to the lowest responsible bidder, after
8due advertisement, excepting work requiring personal
9confidence or necessary supplies under the control of
10monopolies, where competitive bidding is impossible, or as
11provided in the Forest Preserve District and Conservation
12District Design-Build Authorization Act. Contracts for
13supplies, material or work involving an expenditure of $50,000
14$25,000 or less may be let without advertising for bids, but
15whenever practicable, at least 3 competitive bids shall be
16obtained before letting such contract. Notwithstanding the
17provisions of this Section, a forest preserve district may
18establish procedures to comply with State and federal
19regulations concerning affirmative action and the use of small
20businesses or businesses owned by minorities or women in
21construction and procurement contracts. All contracts for
22supplies, material or work shall be signed by the president of
23the board or by any such other officer as the board in its
24discretion may designate.
25    Salaries of employees shall be fixed by ordinance.
26(Source: P.A. 99-264, eff. 1-1-16.)
 

 

 

HB5253- 22 -LRB101 18472 AWJ 67920 b

1    Section 997. Severability. The provisions of this Act are
2severable under Section 1.31 of the Statute on Statutes.
 
3    Section 999. Effective date. This Act takes effect January
41, 2021.