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Sen. John G. Mulroe
Filed: 4/13/2012
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1 | | AMENDMENT TO HOUSE BILL 4029
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2 | | AMENDMENT NO. ______. Amend House Bill 4029 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The School Code is amended by changing Section |
5 | | 10-20.21 as follows:
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6 | | (105 ILCS 5/10-20.21)
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7 | | Sec. 10-20.21. Contracts.
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8 | | (a)
To award all contracts for
purchase of supplies and , |
9 | | materials or work or contracts with private carriers
for |
10 | | transportation of pupils involving an expenditure in excess of |
11 | | $25,000 or a lower amount as required by board policy
to the |
12 | | lowest responsible bidder, considering conformity with
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13 | | specifications, terms of delivery, quality and serviceability, |
14 | | after due
advertisement, except the following: (i) contracts |
15 | | for the services of
individuals possessing a high degree of |
16 | | professional skill where the
ability or fitness of the |
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1 | | 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
$50,000 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; |
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. However, at no time shall a cause of action lie |
19 | | against a school board for awarding a pupil transportation |
20 | | contract per the standards set forth in this subsection (a) |
21 | | unless the cause of action is based on fraudulent conduct. |
22 | | All competitive
bids for contracts involving an |
23 | | expenditure in excess of $25,000 or a lower amount as required |
24 | | by board policy must be
sealed by the bidder and must be opened |
25 | | by a member or employee of the
school board at a public bid |
26 | | opening at which the contents of the bids
must be announced. |
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1 | | Each bidder must receive at least 3 days' notice of the
time |
2 | | and place of the bid opening. For purposes of this Section due
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3 | | advertisement includes, but is not limited to, at least one |
4 | | public notice
at least 10 days before the bid date in a |
5 | | newspaper published in the
district, or if no newspaper is |
6 | | published in the district, in a newspaper
of general |
7 | | circulation in the area of the district. State master contracts |
8 | | and certified education purchasing contracts, as defined in |
9 | | Article 28A of this Code, are not subject to the requirements |
10 | | of this paragraph.
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11 | | Under this Section, the acceptance of bids sealed by a |
12 | | bidder and the opening of these bids at a public bid opening |
13 | | may be permitted by an electronic process for communicating, |
14 | | accepting, and opening competitive bids. However, bids for |
15 | | construction purposes are prohibited from being communicated, |
16 | | accepted, or opened electronically. An electronic bidding |
17 | | process must provide for, but is not limited to, the following |
18 | | safeguards: |
19 | | (1) On the date and time certain of a bid opening, the |
20 | | primary person conducting the competitive, sealed, |
21 | | electronic bid process shall log onto a specified database |
22 | | using a unique username and password previously assigned to |
23 | | the bidder to allow access to the bidder's specific bid |
24 | | project number. |
25 | | (2) The specified electronic database must be on a |
26 | | network that (i) is in a secure environment behind a |
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1 | | firewall; (ii) has specific encryption tools; (iii) |
2 | | maintains specific intrusion detection systems; (iv) has |
3 | | redundant systems architecture with data storage back-up, |
4 | | whether by compact disc or tape; and (v) maintains a |
5 | | disaster recovery plan.
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6 | | It is the legislative intent of Public Act 96-841 to maintain |
7 | | the integrity of the sealed bidding process provided for in |
8 | | this Section, to further limit any possibility of bid-rigging, |
9 | | to reduce administrative costs to school districts, and to |
10 | | effect efficiencies in communications with bidders. |
11 | | (b) To require, as a condition of any contract for goods |
12 | | and services,
that persons
bidding for and awarded a contract |
13 | | and all affiliates of the person collect and
remit
Illinois Use |
14 | | Tax on all sales of tangible personal property into the State |
15 | | of
Illinois in
accordance with the provisions of the Illinois |
16 | | Use Tax Act regardless of whether
the
person or affiliate is a |
17 | | "retailer maintaining a place of business within this
State" as
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18 | | defined in Section 2 of the Use Tax Act. For purposes of this |
19 | | Section, the term
"affiliate"
means any entity that (1) |
20 | | directly, indirectly, or constructively controls
another |
21 | | entity, (2)
is directly, indirectly, or constructively |
22 | | controlled by another entity, or (3)
is subject to
the control |
23 | | of a common entity. For purposes of this subsection (b), an |
24 | | entity
controls
another entity if it owns, directly or |
25 | | individually, more than 10% of the
voting
securities
of that |
26 | | entity. As used in this subsection (b), the term "voting |
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1 | | security"
means a security
that (1) confers upon the holder the |
2 | | right to vote for the election of members
of the board
of |
3 | | directors or similar governing body of the business or (2) is |
4 | | convertible
into, or entitles
the holder to receive upon its |
5 | | exercise, a security that confers such a right
to
vote. A
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6 | | general partnership interest is a voting security.
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7 | | To require that bids and contracts include a certification |
8 | | by the bidder
or
contractor that the bidder or contractor is |
9 | | not barred from bidding for or
entering into a
contract under |
10 | | this Section and that the bidder or contractor acknowledges |
11 | | that
the school
board may declare the contract void if the |
12 | | certification completed pursuant to
this
subsection (b) is |
13 | | false.
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14 | | (b-5) To require all contracts and agreements that pertain |
15 | | to goods and services and that are intended to generate |
16 | | additional revenue and other remunerations for the school |
17 | | district in excess of $1,000, including without limitation |
18 | | vending machine contracts, sports and other attire, class |
19 | | rings, and photographic services, to be approved by the school |
20 | | board. The school board shall file as an attachment to its |
21 | | annual budget a report, in a form as determined by the State |
22 | | Board of Education, indicating for the prior year the name of |
23 | | the vendor, the product or service provided, and the actual net |
24 | | revenue and non-monetary remuneration from each of the |
25 | | contracts or agreements. In addition, the report shall indicate |
26 | | for what purpose the revenue was used and how and to whom the |
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1 | | non-monetary remuneration was distributed.
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2 | | (c) If the State education purchasing entity creates a |
3 | | master contract as defined in Article 28A of this Code, then |
4 | | the State education purchasing entity shall notify school |
5 | | districts of the existence of the master contract. |
6 | | (d) In purchasing supplies, materials, equipment, or |
7 | | services that are not subject to subsection (c) of this |
8 | | Section, before a school district solicits bids or awards a |
9 | | contract, the district may review and consider as a bid under |
10 | | subsection (a) of this Section certified education purchasing |
11 | | contracts that are already available through the State |
12 | | education purchasing entity. |
13 | | (Source: P.A. 95-990, eff. 10-3-08; 96-392, eff. 1-1-10; |
14 | | 96-841, eff. 12-23-09; 96-1000, eff. 7-2-10.)
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15 | | Section 99. Effective date. This Act takes effect upon |
16 | | becoming law.".
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