Rep. Edward J. Acevedo
Filed: 4/8/2008
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1 | AMENDMENT TO HOUSE BILL 4900
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2 | AMENDMENT NO. ______. Amend House Bill 4900, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The School Code is amended by changing Section | ||||||
6 | 10-20.21 as follows:
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7 | (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
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8 | Sec. 10-20.21. Contracts.
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9 | (a)
To award all contracts for
purchase of supplies, | ||||||
10 | materials or work or contracts with private carriers
for | ||||||
11 | transportation of pupils involving an expenditure in excess of | ||||||
12 | $10,000
to the lowest responsible bidder, considering | ||||||
13 | conformity with
specifications, terms of delivery, quality and | ||||||
14 | serviceability, after due
advertisement, except the following: | ||||||
15 | (i) contracts for the services of
individuals possessing a high | ||||||
16 | degree of professional skill where the
ability or fitness of |
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1 | the individual plays an important part; (ii)
contracts for the | ||||||
2 | printing of finance committee reports and departmental
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3 | reports; (iii) contracts for the printing or engraving of | ||||||
4 | bonds, tax
warrants and other evidences of indebtedness; (iv) | ||||||
5 | contracts for the
purchase of perishable foods and perishable | ||||||
6 | beverages; (v) contracts for
materials and work which have been | ||||||
7 | awarded to the lowest responsible bidder
after due | ||||||
8 | advertisement, but due to unforeseen revisions, not the fault | ||||||
9 | of
the contractor for materials and work, must be revised | ||||||
10 | causing expenditures
not in excess of 10% of the contract | ||||||
11 | price; (vi)
contracts for the maintenance or servicing of, or | ||||||
12 | provision of
repair parts for, equipment which are made with | ||||||
13 | the manufacturer or
authorized service agent of that equipment | ||||||
14 | where the provision of parts,
maintenance, or servicing can | ||||||
15 | best be performed by the manufacturer or
authorized service | ||||||
16 | agent; (vii) purchases and contracts for the use,
purchase, | ||||||
17 | delivery, movement, or installation of data processing | ||||||
18 | equipment,
software, or services and telecommunications and | ||||||
19 | interconnect
equipment, software, and services; (viii) | ||||||
20 | contracts for duplicating
machines and supplies; (ix) | ||||||
21 | contracts for the purchase of natural gas when
the cost is less | ||||||
22 | than that offered by a public utility; (x) purchases of
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23 | equipment previously owned by some entity other than the | ||||||
24 | district
itself; (xi) contracts for repair, maintenance, | ||||||
25 | remodeling, renovation, or
construction, or a single project | ||||||
26 | involving an expenditure not to exceed
$20,000 and not |
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1 | involving a change or increase in the size, type, or extent
of | ||||||
2 | an existing facility; (xii) contracts for goods or services | ||||||
3 | procured
from another governmental agency; (xiii) contracts | ||||||
4 | for goods or services
which are economically procurable from | ||||||
5 | only one source, such as for the
purchase of magazines, books, | ||||||
6 | periodicals, pamphlets and reports, and for
utility services | ||||||
7 | such as water, light, heat, telephone or telegraph;
(xiv) where | ||||||
8 | funds are expended in an emergency and such emergency
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9 | expenditure is approved by 3/4 of the members of the board; and | ||||||
10 | (xv) State master contracts authorized under Article 28A of | ||||||
11 | this Code ; and (xvi) contracts providing for the transportation | ||||||
12 | of pupils with special needs or disabilities, which contracts | ||||||
13 | must be advertised in the same manner as competitive bids and | ||||||
14 | awarded by first considering the bidder or bidders most able to | ||||||
15 | provide safety and comfort for the pupils with special needs or | ||||||
16 | disabilities, stability of service, and any other factors set | ||||||
17 | forth in the request for proposal regarding quality of service, | ||||||
18 | and then price . | ||||||
19 | All competitive
bids for contracts involving an | ||||||
20 | expenditure in excess of $10,000 must be
sealed by the bidder | ||||||
21 | and must be opened by a member or employee of the
school board | ||||||
22 | at a public bid opening at which the contents of the bids
must | ||||||
23 | be announced. Each bidder must receive at least 3 days' notice | ||||||
24 | of the
time and place of the bid opening. For purposes of this | ||||||
25 | Section due
advertisement includes, but is not limited to, at | ||||||
26 | least one public notice
at least 10 days before the bid date in |
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1 | a newspaper published in the
district, or if no newspaper is | ||||||
2 | published in the district, in a newspaper
of general | ||||||
3 | circulation in the area of the district. State master contracts | ||||||
4 | and certified education purchasing contracts, as defined in | ||||||
5 | Article 28A of this Code, are not subject to the requirements | ||||||
6 | of this paragraph.
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7 | (b) To require, as a condition of any contract for goods | ||||||
8 | and services,
that persons
bidding for and awarded a contract | ||||||
9 | and all affiliates of the person collect and
remit
Illinois Use | ||||||
10 | Tax on all sales of tangible personal property into the State | ||||||
11 | of
Illinois in
accordance with the provisions of the Illinois | ||||||
12 | Use Tax Act regardless of whether
the
person or affiliate is a | ||||||
13 | "retailer maintaining a place of business within this
State" as
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14 | defined in Section 2 of the Use Tax Act. For purposes of this | ||||||
15 | Section, the term
"affiliate"
means any entity that (1) | ||||||
16 | directly, indirectly, or constructively controls
another | ||||||
17 | entity, (2)
is directly, indirectly, or constructively | ||||||
18 | controlled by another entity, or (3)
is subject to
the control | ||||||
19 | of a common entity. For purposes of this subsection (b), an | ||||||
20 | entity
controls
another entity if it owns, directly or | ||||||
21 | individually, more than 10% of the
voting
securities
of that | ||||||
22 | entity. As used in this subsection (b), the term "voting | ||||||
23 | security"
means a security
that (1) confers upon the holder the | ||||||
24 | right to vote for the election of members
of the board
of | ||||||
25 | directors or similar governing body of the business or (2) is | ||||||
26 | convertible
into, or entitles
the holder to receive upon its |
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1 | exercise, a security that confers such a right
to
vote. A
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2 | general partnership interest is a voting security.
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3 | To require that bids and contracts include a certification | ||||||
4 | by the bidder
or
contractor that the bidder or contractor is | ||||||
5 | not barred from bidding for or
entering into a
contract under | ||||||
6 | this Section and that the bidder or contractor acknowledges | ||||||
7 | that
the school
board may declare the contract void if the | ||||||
8 | certification completed pursuant to
this
subsection (b) is | ||||||
9 | false.
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10 | (b-5) To require all contracts and agreements that pertain | ||||||
11 | to goods and services and that are intended to generate | ||||||
12 | additional revenue and other remunerations for the school | ||||||
13 | district in excess of $1,000, including without limitation | ||||||
14 | vending machine contracts, sports and other attire, class | ||||||
15 | rings, and photographic services, to be approved by the school | ||||||
16 | board. The school board shall file as an attachment to its | ||||||
17 | annual budget a report, in a form as determined by the State | ||||||
18 | Board of Education, indicating for the prior year the name of | ||||||
19 | the vendor, the product or service provided, and the actual net | ||||||
20 | revenue and non-monetary remuneration from each of the | ||||||
21 | contracts or agreements. In addition, the report shall indicate | ||||||
22 | for what purpose the revenue was used and how and to whom the | ||||||
23 | non-monetary remuneration was distributed.
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24 | (c) If the State education purchasing entity creates a | ||||||
25 | master contract as defined in Article 28A of this Code, then | ||||||
26 | the State education purchasing entity shall notify school |
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1 | districts of the existence of the master contract. | ||||||
2 | (d) In purchasing supplies, materials, equipment, or | ||||||
3 | services that are not subject to subsection (c) of this | ||||||
4 | Section, before a school district solicits bids or awards a | ||||||
5 | contract, the district may review and consider as a bid under | ||||||
6 | subsection (a) of this Section certified education purchasing | ||||||
7 | contracts that are already available through the State | ||||||
8 | education purchasing entity. | ||||||
9 | (Source: P.A. 93-25, eff. 6-20-03; 93-1036, eff. 9-14-04; | ||||||
10 | 94-714, eff. 7-1-06 .)".
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