Full Text of HB4393 102nd General Assembly
HB4393ham001 102ND GENERAL ASSEMBLY | Rep. Daniel Didech Filed: 2/2/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4393
| 2 | | AMENDMENT NO. ______. Amend House Bill 4393 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Township Code is amended by changing | 5 | | Sections 85-30 and 205-105 as follows:
| 6 | | (60 ILCS 1/85-30)
| 7 | | Sec. 85-30. Purchases; bids. Any purchase by a township
| 8 | | for services, materials, equipment, or supplies in excess of | 9 | | $20,000 (other than
professional services) shall be contracted | 10 | | for in one of the following
ways:
| 11 | | (1) By a contract let to the lowest responsible bidder | 12 | | or the best value bidder after advertising
for bids at | 13 | | least once (i) in a newspaper published within the | 14 | | township,
or (ii) if no newspaper is published within the | 15 | | township, then in one published
within the county, or | 16 | | (iii) if no newspaper is published within the county,
then |
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| 1 | | in a newspaper having general circulation within the | 2 | | township.
| 3 | | (2) By a contract let without advertising for bids in | 4 | | the case of an
emergency if authorized by the township | 5 | | board.
| 6 | | A township board that awards a contract to a best value | 7 | | bidder must approve the contract by resolution that states | 8 | | with specificity the reasons why the bidder is the best value | 9 | | bidder. The resolution must include the identity of an officer | 10 | | or director of the bidder who is a family member of a board | 11 | | member, is a person with whom a board member maintains a close | 12 | | economic association, or is a person with whom a board member | 13 | | maintains a close political association. | 14 | | As used in this Section: | 15 | | "Best value" means the result determined by a procurement | 16 | | method that considers price and other criteria reflecting an | 17 | | objective and quantifiable analysis, including consideration | 18 | | of some or all of the following factors: (1) the quality of the | 19 | | bidder's performance on previous projects; (2) the timeliness | 20 | | of the bidder's performance on previous projects; (3) the | 21 | | level of customer satisfaction with the bidder's performance | 22 | | on previous projects; (4) the bidder's record of performing | 23 | | previous projects on budget and ability to minimize cost | 24 | | overruns; (5) the bidder's ability to minimize change orders; | 25 | | (6) the bidder's ability to prepare appropriate project plans; | 26 | | (7) the bidder's technical capabilities; (8) the individual |
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| 1 | | qualifications of the bidder's key personnel; (9) the bidder's | 2 | | ability to assess and minimize risks; (10) the bidder's | 3 | | ability to meet the goals established by the township board | 4 | | for the awarding of contracts to minority-owned businesses, | 5 | | women-owned businesses, and businesses owned by persons with | 6 | | disabilities; and (11) maintenance costs and life span of the | 7 | | project. | 8 | | "Family member" means a board member's spouse, children, | 9 | | step-children, parents, step-parents, siblings, | 10 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 11 | | grandparents, and grandchildren, as well as the parents and | 12 | | grandparents of the board member's spouse and a person living | 13 | | with the board member. | 14 | | "Person with whom a board member maintains a close | 15 | | economic association" means a person associated with the board | 16 | | member in a partnership, association or professional service | 17 | | corporation, whether as partner, officer, employee, associate, | 18 | | or otherwise. | 19 | | "Person with whom a board member maintains a close | 20 | | political association" means a person who has made a campaign | 21 | | contribution to a political committee supporting a board | 22 | | member or a political committee of which a board member is an | 23 | | officer, is a candidate or is an officer of a political | 24 | | committee that has received a campaign contribution from a | 25 | | board member, or is an officer of a political committee | 26 | | supporting a board member. |
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| 1 | | This Section does not apply to contracts by a township | 2 | | with the federal
government.
| 3 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 4 | | (60 ILCS 1/205-105)
| 5 | | Sec. 205-105. Construction contracts; bids.
| 6 | | (a) All contracts for construction work whose estimated | 7 | | cost will exceed
$20,000 shall be let to the lowest | 8 | | responsible bidder or the best value bidder after publication | 9 | | of
notice for bids. Notice for bids shall be published once in | 10 | | a newspaper
published and having general circulation in the | 11 | | township, if there is one. If
there is no such newspaper, | 12 | | notice for bids shall be published in a newspaper
published | 13 | | and having general circulation in the county. Notice for bids | 14 | | shall
be published at least 10 days before the date set for | 15 | | receiving bids. Bids
shall be opened and publicly read, and an | 16 | | award shall be made to the lowest
responsible bidder or the | 17 | | best value bidder within 15 days after the receipt of bids.
| 18 | | A township board that awards a contract to a best value | 19 | | bidder must approve the contract by resolution that states | 20 | | with specificity the reasons why the bidder is the best value | 21 | | bidder. The resolution must include the identity of an officer | 22 | | or director of the bidder who is a family member of a board | 23 | | member, is a person with whom a board member maintains a close | 24 | | economic association, or is a person with whom a board member | 25 | | maintains a close political association. |
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| 1 | | As used in this Section: | 2 | | "Best value" means the result determined by a procurement | 3 | | method that considers price and other criteria reflecting an | 4 | | objective and quantifiable analysis, including consideration | 5 | | of some or all of the following factors: (1) the quality of the | 6 | | bidder's performance on previous projects; (2) the timeliness | 7 | | of the bidder's performance on previous projects; (3) the | 8 | | level of customer satisfaction with the bidder's performance | 9 | | on previous projects; (4) the bidder's record of performing | 10 | | previous projects on budget and ability to minimize cost | 11 | | overruns; (5) the bidder's ability to minimize change orders; | 12 | | (6) the bidder's ability to prepare appropriate project plans; | 13 | | (7) the bidder's technical capabilities; (8) the individual | 14 | | qualifications of the bidder's key personnel; (9) the bidder's | 15 | | ability to assess and minimize risks; (10) the bidder's | 16 | | ability to meet the goals established by the township board | 17 | | for the awarding of contracts to minority-owned businesses, | 18 | | women-owned businesses, and businesses owned by persons with | 19 | | disabilities; and (11) maintenance costs and life span of the | 20 | | project. | 21 | | "Family member" means a board member's spouse, children, | 22 | | step-children, parents, step-parents, siblings, | 23 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 24 | | grandparents, and grandchildren, as well as the parents and | 25 | | grandparents of the board member's spouse and a person living | 26 | | with the board member. |
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| 1 | | "Person with whom a board member maintains a close | 2 | | economic association" means a person associated with the board | 3 | | member in a partnership, association or professional service | 4 | | corporation, whether as partner, officer, employee, associate, | 5 | | or otherwise. | 6 | | "Person with whom a board member maintains a close | 7 | | political association" means a person who has made a campaign | 8 | | contribution to a political committee supporting a board | 9 | | member or a political committee of which a board member is an | 10 | | officer, is a candidate or is an officer of a political | 11 | | committee that has received a campaign contribution from a | 12 | | board member, or is an officer of a political committee | 13 | | supporting a board member. | 14 | | (b) This Section shall not apply to engineering, legal, or | 15 | | other
professional services, but it shall apply to the | 16 | | purchase of equipment unless
the township board, by a | 17 | | resolution adopted by a three-fourths vote, determines
that it | 18 | | is for the best interests of the township that advertising for | 19 | | bids for
the equipment be dispensed with.
| 20 | | (Source: P.A. 95-300, eff. 8-20-07.)
| 21 | | Section 10. The Illinois Municipal Code is amended by | 22 | | changing Sections 4-5-11 and 8-9-1 as follows:
| 23 | | (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
| 24 | | Sec. 4-5-11. Except as otherwise provided, all contracts, |
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| 1 | | of whatever
character, pertaining to public improvement, or to | 2 | | the maintenance of
the public property of a municipality | 3 | | involving an outlay of $10,000 or
more, shall be based upon | 4 | | specifications to be approved by the council.
Any work or | 5 | | other public improvement which is not to be paid for in
whole | 6 | | or in part by special assessment or special taxation, when the
| 7 | | expense thereof will exceed $25,000, shall be constructed as | 8 | | follows:
| 9 | | (1) By a contract let to the lowest responsible bidder | 10 | | or the best value bidder after
advertising for bids, in | 11 | | the manner prescribed by ordinance, except that
any such | 12 | | contract may be entered into by the proper officers | 13 | | without
advertising for bids, if authorized by a vote of 4 | 14 | | of the 5 council
members elected; or
| 15 | | (2) In the following manner, if authorized by a vote | 16 | | of 4 of the 5
council members elected: the commissioner of | 17 | | public works or other
proper officers to be designated by | 18 | | ordinance, shall superintend and
cause to be carried out | 19 | | the construction of the work or other public
improvement | 20 | | and shall employ exclusively for the performance of all
| 21 | | manual labor thereon, laborers and artisans whom the city | 22 | | or village
shall pay by the day or hour, but all material | 23 | | of the value of $25,000
and upward used in the | 24 | | construction of the work or other public
improvement, | 25 | | shall be purchased by contract let to the lowest
| 26 | | responsible bidder or the best value bidder in the manner |
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| 1 | | to be prescribed by ordinance.
| 2 | | A city council that awards a contract to a best value | 3 | | bidder must approve the contract by resolution that states | 4 | | with specificity the reasons why the bidder is the best value | 5 | | bidder. The resolution must include the identity of an officer | 6 | | or director of the bidder who is a family member of a city | 7 | | council member, is a person with whom a city council member | 8 | | maintains a close economic association, or is a person with | 9 | | whom a city council member maintains a close political | 10 | | association. | 11 | | As used in this Section: | 12 | | "Best value" means the result determined by a procurement | 13 | | method that considers price and other criteria reflecting an | 14 | | objective and quantifiable analysis, including consideration | 15 | | of some or all of the following factors: (1) the quality of the | 16 | | bidder's performance on previous projects; (2) the timeliness | 17 | | of the bidder's performance on previous projects; (3) the | 18 | | level of customer satisfaction with the bidder's performance | 19 | | on previous projects; (4) the bidder's record of performing | 20 | | previous projects on budget and ability to minimize cost | 21 | | overruns; (5) the bidder's ability to minimize change orders; | 22 | | (6) the bidder's ability to prepare appropriate project plans; | 23 | | (7) the bidder's technical capabilities; (8) the individual | 24 | | qualifications of the bidder's key personnel; (9) the bidder's | 25 | | ability to assess and minimize risks; (10) the bidder's | 26 | | ability to meet the goals established by the city council for |
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| 1 | | the awarding of contracts to minority-owned businesses, | 2 | | women-owned businesses, and businesses owned by persons with | 3 | | disabilities; and (11) maintenance costs and life span of the | 4 | | project. | 5 | | "Family member" means a city council member's spouse, | 6 | | children, step-children, parents, step-parents, siblings, | 7 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 8 | | grandparents, and grandchildren, as well as the parents and | 9 | | grandparents of the city council member's spouse and a person | 10 | | living with the city council member. | 11 | | "Person with whom a city council member maintains a close | 12 | | economic association" means a person associated with the city | 13 | | council member in a partnership, association or professional | 14 | | service corporation, whether as partner, officer, employee, | 15 | | associate, or otherwise. | 16 | | "Person with whom a city council member maintains a close | 17 | | political association" means a person who has made a campaign | 18 | | contribution to a political committee supporting a city | 19 | | council member or a political committee of which a city | 20 | | council member is an officer, is a candidate or is an officer | 21 | | of a political committee that has received a campaign | 22 | | contribution from a city council member, or is an officer of a | 23 | | political committee supporting a city council member. | 24 | | Nothing contained in this Section shall apply to any | 25 | | contract by a
municipality with the United States of America | 26 | | or any agency thereof.
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| 1 | | (Source: P.A. 100-338, eff. 8-25-17.)
| 2 | | (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| 3 | | Sec. 8-9-1. In municipalities of less than 500,000 except
| 4 | | as otherwise provided in Articles 4 and 5 any work or other
| 5 | | public improvement which is not to be paid for in whole or in
| 6 | | part by special assessment or special taxation, when the | 7 | | expense
thereof will exceed $25,000, shall be constructed | 8 | | either (1)
by a contract let to the lowest responsible bidder | 9 | | or the best value bidder after
advertising for bids, in the | 10 | | manner prescribed by ordinance,
except that any such contract | 11 | | may be entered into by the proper
officers without advertising | 12 | | for bids, if authorized by a vote
of two-thirds of all the | 13 | | alderpersons or trustees then holding office;
or (2) in the | 14 | | following manner, if authorized by a vote of
two-thirds of all | 15 | | the alderpersons or trustees then holding office,
to-wit: the | 16 | | commissioner of public works or other proper officers
to be | 17 | | designated by ordinance, shall superintend and cause to
be | 18 | | carried out the construction of the work or other public
| 19 | | improvement and shall employ exclusively for the performance
| 20 | | of all manual labor thereon, laborers and artisans whom the
| 21 | | municipality shall pay by the day or hour; and all material
of | 22 | | the value of $25,000 and upward used in the construction of
the | 23 | | work or other public improvement, shall be purchased by
| 24 | | contract let to the lowest responsible bidder or the best | 25 | | value bidder in the manner
to be prescribed by ordinance. |
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| 1 | | However, nothing contained
in this Section shall apply to any | 2 | | contract by a city, village
or incorporated town with the | 3 | | federal government or any agency thereof.
| 4 | | A city council that awards a contract to a best value | 5 | | bidder must approve the contract by resolution that states | 6 | | with specificity the reasons why the bidder is the best value | 7 | | bidder. The resolution must include the identity of an officer | 8 | | or director of the bidder who is a family member of a city | 9 | | council member, is a person with whom a city council member | 10 | | maintains a close economic association, or is a person with | 11 | | whom a city council member maintains a close political | 12 | | association. | 13 | | As used in this Section: | 14 | | "Best value" means the result determined by a procurement | 15 | | method that considers price and other criteria reflecting an | 16 | | objective and quantifiable analysis, including consideration | 17 | | of some or all of the following factors: (1) the quality of the | 18 | | bidder's performance on previous projects; (2) the timeliness | 19 | | of the bidder's performance on previous projects; (3) the | 20 | | level of customer satisfaction with the bidder's performance | 21 | | on previous projects; (4) the bidder's record of performing | 22 | | previous projects on budget and ability to minimize cost | 23 | | overruns; (5) the bidder's ability to minimize change orders; | 24 | | (6) the bidder's ability to prepare appropriate project plans; | 25 | | (7) the bidder's technical capabilities; (8) the individual | 26 | | qualifications of the bidder's key personnel; (9) the bidder's |
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| 1 | | ability to assess and minimize risks; (10) the bidder's | 2 | | ability to meet the goals established by the city council for | 3 | | the awarding of contracts to minority-owned businesses, | 4 | | women-owned businesses, and businesses owned by persons with | 5 | | disabilities; and (11) maintenance costs and life span of the | 6 | | project. | 7 | | "Family member" means a city council member's spouse, | 8 | | children, step-children, parents, step-parents, siblings, | 9 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 10 | | grandparents, and grandchildren, as well as the parents and | 11 | | grandparents of the city council member's spouse and a person | 12 | | living with the city council member. | 13 | | "Person with whom a city council member maintains a close | 14 | | economic association" means a person associated with the city | 15 | | council member in a partnership, association or professional | 16 | | service corporation, whether as partner, officer, employee, | 17 | | associate, or otherwise. | 18 | | "Person with whom a city council member maintains a close | 19 | | political association" means a person who has made a campaign | 20 | | contribution to a political committee supporting a city | 21 | | council member or a political committee of which a city | 22 | | council member is an officer, is a candidate or is an officer | 23 | | of a political committee that has received a campaign | 24 | | contribution from a city council member, or is an officer of a | 25 | | political committee supporting a city council member. | 26 | | In every city which has adopted Division 1 of Article 10,
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| 1 | | every such laborer or artisan shall be certified by the civil
| 2 | | service commission to the commissioner of public works or | 3 | | other
proper officers, in accordance with the requirement of | 4 | | that division.
| 5 | | In municipalities of 500,000 or more population the | 6 | | letting of
contracts for work or other public improvements of | 7 | | the character
described in this Section shall be governed by | 8 | | the provisions of
Division 10 of this Article 8.
| 9 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 10 | | Section 15. The Downstate Forest Preserve District Act is | 11 | | amended by changing Section 8 as follows:
| 12 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 13 | | (Text of Section before amendment by P.A. 102-460 )
| 14 | | Sec. 8. Powers and duties of corporate authority and | 15 | | officers; contracts; salaries.
| 16 | | (a) The board shall be the corporate authority of such | 17 | | forest
preserve district and shall have power to pass and | 18 | | enforce all necessary
ordinances, rules and regulations for | 19 | | the management of the property and
conduct of the business of | 20 | | such district. The president of such board
shall have power to | 21 | | appoint such employees as may be necessary. In counties
with | 22 | | population of less than 3,000,000, within 60 days after their | 23 | | selection
the commissioners appointed under the provisions of | 24 | | Section 3a of this Act
shall organize by selecting from their |
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| 1 | | members a president, vice president, secretary,
treasurer and | 2 | | such other officers as are deemed necessary who shall hold
| 3 | | office for the fiscal year in which elected and until their | 4 | | successors are
selected and qualify. In the one district in | 5 | | existence on July 1, 1977, that
is managed by an appointed | 6 | | board of commissioners, the incumbent president
and the other | 7 | | officers appointed in the manner as originally prescribed in | 8 | | this
Act shall hold such offices until the completion of their | 9 | | respective terms or
in the case of the officers other than | 10 | | president until their successors
are appointed by said | 11 | | president, but in all cases not to extend beyond January
1, | 12 | | 1980 and until their successors are selected and qualify. | 13 | | Thereafter,
the officers shall be selected in the manner as | 14 | | prescribed in this Section
except that their first term of | 15 | | office shall not expire until June 30, 1981
and until their | 16 | | successors are selected and qualify.
| 17 | | (a-5) An officer selected pursuant to subsection (a) may | 18 | | be removed, with or without cause, upon a motion adopted by an | 19 | | affirmative vote of four-fifths of the board of the forest | 20 | | preserve district. Upon adoption of a motion to remove an | 21 | | officer: (i) the office becomes vacant and the former | 22 | | officer's compensation shall be prorated to the date the | 23 | | motion was approved; (ii) if the officer removed is the | 24 | | president then the vice president immediately assumes the | 25 | | duties of the president without president compensation and, if | 26 | | the officer removed is the vice president, treasurer, or |
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| 1 | | secretary, then the president shall select an interim | 2 | | appointee who shall serve until the next regularly scheduled | 3 | | forest preserve district board meeting; and (iii) a new | 4 | | officer shall be selected at the next regularly scheduled | 5 | | forest preserve district board meeting. An officer removed | 6 | | under this Section maintains his or her status as a member of | 7 | | the forest preserve district board. | 8 | | (b) In any county, city, village, incorporated town or
| 9 | | sanitary district where the corporate authorities act as the
| 10 | | governing body of a forest preserve district, the person | 11 | | exercising
the powers of the president of the board shall have | 12 | | power to appoint a
secretary and an assistant secretary and | 13 | | treasurer and an assistant
treasurer and such other officers | 14 | | and such employees as may be necessary.
The assistant | 15 | | secretary and assistant treasurer shall perform the duties
of | 16 | | the secretary and treasurer, respectively in case of death of | 17 | | such officers
or when such officers are unable to perform the | 18 | | duties of their respective
offices. All contracts for | 19 | | supplies, material or
work involving an expenditure in excess | 20 | | of $25,000, or a lower amount if required by board policy, | 21 | | shall be let to the lowest
responsible bidder, after | 22 | | advertising at least once in one or more
newspapers of general | 23 | | circulation within the district, excepting work
requiring | 24 | | personal confidence or necessary
supplies under the control of | 25 | | monopolies, where competitive bidding is
impossible. Contracts | 26 | | for supplies, material or work involving an
expenditure of |
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| 1 | | $25,000, or a lower amount if required by board policy, or less | 2 | | may be let without advertising for bids,
but whenever | 3 | | practicable, at least 3 competitive bids shall be obtained
| 4 | | before letting such contract. All contracts for supplies, | 5 | | material or
work shall be signed by the president of the board | 6 | | of commissioners or
by any such other officer as the board in | 7 | | its discretion may designate.
| 8 | | (c) The president of any board of commissioners appointed | 9 | | under the
provisions of Section 3a of this Act shall receive a | 10 | | salary not to
exceed the sum of $2500 per annum and the salary | 11 | | of other members of the
board so appointed shall not exceed | 12 | | $1500 per annum. Salaries of the
commissioners, officers and | 13 | | employees shall be fixed by ordinance.
| 14 | | (d) Whenever a forest preserve district owns any personal | 15 | | property that, in the opinion of three-fifths of the members | 16 | | of the board of commissioners, is no longer necessary, useful | 17 | | to, or for the best interests of the forest preserve district, | 18 | | then three-fifths of the members of the board, at any regular | 19 | | meeting or any special meeting called for that purpose by an | 20 | | ordinance or resolution that includes a general description of | 21 | | the personal property, may authorize the conveyance or sale of | 22 | | that personal property in any manner that they may designate, | 23 | | with or without advertising the sale. | 24 | | (Source: P.A. 101-544, eff. 8-23-19.)
| 25 | | (Text of Section after amendment by P.A. 102-460 )
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| 1 | | Sec. 8. Powers and duties of corporate authority and | 2 | | officers; contracts; salaries.
| 3 | | (a) The board shall be the corporate authority of such | 4 | | forest
preserve district and shall have power to pass and | 5 | | enforce all necessary
ordinances, rules and regulations for | 6 | | the management of the property and
conduct of the business of | 7 | | such district. The president of such board
shall have power to | 8 | | appoint such employees as may be necessary. In counties
with | 9 | | population of less than 3,000,000, within 60 days after their | 10 | | selection
the commissioners appointed under the provisions of | 11 | | Section 3a of this Act
shall organize by selecting from their | 12 | | members a president, vice president, secretary,
treasurer and | 13 | | such other officers as are deemed necessary who shall hold
| 14 | | office for the fiscal year in which elected and until their | 15 | | successors are
selected and qualify. In the one district in | 16 | | existence on July 1, 1977, that
is managed by an appointed | 17 | | board of commissioners, the incumbent president
and the other | 18 | | officers appointed in the manner as originally prescribed in | 19 | | this
Act shall hold such offices until the completion of their | 20 | | respective terms or
in the case of the officers other than | 21 | | president until their successors
are appointed by said | 22 | | president, but in all cases not to extend beyond January
1, | 23 | | 1980 and until their successors are selected and qualify. | 24 | | Thereafter,
the officers shall be selected in the manner as | 25 | | prescribed in this Section
except that their first term of | 26 | | office shall not expire until June 30, 1981
and until their |
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| 1 | | successors are selected and qualify.
| 2 | | (a-5) An officer selected pursuant to subsection (a) may | 3 | | be removed, with or without cause, upon a motion adopted by an | 4 | | affirmative vote of four-fifths of the board of the forest | 5 | | preserve district. Upon adoption of a motion to remove an | 6 | | officer: (i) the office becomes vacant and the former | 7 | | officer's compensation shall be prorated to the date the | 8 | | motion was approved; (ii) if the officer removed is the | 9 | | president then the vice president immediately assumes the | 10 | | duties of the president without president compensation and, if | 11 | | the officer removed is the vice president, treasurer, or | 12 | | secretary, then the president shall select an interim | 13 | | appointee who shall serve until the next regularly scheduled | 14 | | forest preserve district board meeting; and (iii) a new | 15 | | officer shall be selected at the next regularly scheduled | 16 | | forest preserve district board meeting. An officer removed | 17 | | under this Section maintains his or her status as a member of | 18 | | the forest preserve district board. | 19 | | (b) In any county, city, village, incorporated town or
| 20 | | sanitary district where the corporate authorities act as the
| 21 | | governing body of a forest preserve district, the person | 22 | | exercising
the powers of the president of the board shall have | 23 | | power to appoint a
secretary and an assistant secretary and | 24 | | treasurer and an assistant
treasurer and such other officers | 25 | | and such employees as may be necessary.
The assistant | 26 | | secretary and assistant treasurer shall perform the duties
of |
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| 1 | | the secretary and treasurer, respectively in case of death of | 2 | | such officers
or when such officers are unable to perform the | 3 | | duties of their respective
offices. All contracts for | 4 | | supplies, material or
work involving an expenditure in excess | 5 | | of $30,000, or a lower amount if required by board policy, | 6 | | shall be let to the lowest
responsible bidder or the best value | 7 | | bidder , after advertising at least once in one or more
| 8 | | newspapers of general circulation within the district, | 9 | | excepting work
requiring personal confidence or necessary
| 10 | | supplies under the control of monopolies, where competitive | 11 | | bidding is
impossible, or as otherwise provided in the Forest | 12 | | Preserve District and Conservation District Design-Build | 13 | | Authorization Act. Contracts for supplies, material or work | 14 | | involving an
expenditure of $30,000, or a lower amount if | 15 | | required by board policy, or less may be let without | 16 | | advertising for bids,
but whenever practicable, at least 3 | 17 | | competitive bids shall be obtained
before letting such | 18 | | contract. All contracts for supplies, material or
work shall | 19 | | be signed by the president of the board of commissioners or
by | 20 | | any such other officer as the board in its discretion may | 21 | | designate.
| 22 | | A board that awards a contract to a best value bidder must | 23 | | approve the contract by resolution that states with | 24 | | specificity the reasons why the bidder is the best value | 25 | | bidder. The resolution must include the identity of an officer | 26 | | or director of the bidder who is a family member of a board |
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| 1 | | member, is a person with whom a board member maintains a close | 2 | | economic association, or is a person with whom a board member | 3 | | maintains a close political association. | 4 | | As used in this Section: | 5 | | "Best value" means the result determined by a procurement | 6 | | method that considers price and other criteria reflecting an | 7 | | objective and quantifiable analysis, including consideration | 8 | | of some or all of the following factors: (1) the quality of the | 9 | | bidder's performance on previous projects; (2) the timeliness | 10 | | of the bidder's performance on previous projects; (3) the | 11 | | level of customer satisfaction with the bidder's performance | 12 | | on previous projects; (4) the bidder's record of performing | 13 | | previous projects on budget and ability to minimize cost | 14 | | overruns; (5) the bidder's ability to minimize change orders; | 15 | | (6) the bidder's ability to prepare appropriate project plans; | 16 | | (7) the bidder's technical capabilities; (8) the individual | 17 | | qualifications of the bidder's key personnel; (9) the bidder's | 18 | | ability to assess and minimize risks; (10) the bidder's | 19 | | ability to meet the goals established by the board for the | 20 | | awarding of contracts to minority-owned businesses, | 21 | | women-owned businesses, and businesses owned by persons with | 22 | | disabilities; and (11) maintenance costs and life span of the | 23 | | project. | 24 | | "Family member" means a board member's spouse, children, | 25 | | step-children, parents, step-parents, siblings, | 26 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, |
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| 1 | | grandparents, and grandchildren, as well as the parents and | 2 | | grandparents of the board member's spouse and a person living | 3 | | with the board member. | 4 | | "Person with whom a board member maintains a close | 5 | | economic association" means a person associated with the board | 6 | | member in a partnership, association or professional service | 7 | | corporation, whether as partner, officer, employee, associate, | 8 | | or otherwise. | 9 | | "Person with whom a board member maintains a close | 10 | | political association" means a person who has made a campaign | 11 | | contribution to a political committee supporting a board | 12 | | member or a political committee of which a board member is an | 13 | | officer, is a candidate or is an officer of a political | 14 | | committee that has received a campaign contribution from a | 15 | | board member, or is an officer of a political committee | 16 | | supporting a board member. | 17 | | (c) The president of any board of commissioners appointed | 18 | | under the
provisions of Section 3a of this Act shall receive a | 19 | | salary not to
exceed the sum of $2500 per annum and the salary | 20 | | of other members of the
board so appointed shall not exceed | 21 | | $1500 per annum. Salaries of the
commissioners, officers and | 22 | | employees shall be fixed by ordinance.
| 23 | | (d) Whenever a forest preserve district owns any personal | 24 | | property that, in the opinion of three-fifths of the members | 25 | | of the board of commissioners, is no longer necessary, useful | 26 | | to, or for the best interests of the forest preserve district, |
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| 1 | | then three-fifths of the members of the board, at any regular | 2 | | meeting or any special meeting called for that purpose by an | 3 | | ordinance or resolution that includes a general description of | 4 | | the personal property, may authorize the conveyance or sale of | 5 | | that personal property in any manner that they may designate, | 6 | | with or without advertising the sale. | 7 | | (Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)
| 8 | | Section 20. The Park District Code is amended by changing | 9 | | Section 8-1 as follows:
| 10 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| 11 | | Sec. 8-1. General corporate powers.
Every park district | 12 | | shall, from the time of its
organization, be a body corporate | 13 | | and politic by the name set forth
in the petition for its | 14 | | organization, the specific name set forth in this Code, or the | 15 | | name it may adopt under
Section 8-9 and shall have and exercise | 16 | | the following powers:
| 17 | | (a) To adopt a corporate seal and alter the same at | 18 | | pleasure; to sue
and be sued; and to contract in | 19 | | furtherance of any of its corporate purposes.
| 20 | | (b)(1) To acquire by gift, legacy, grant or purchase, | 21 | | or by
condemnation in the manner provided for the exercise | 22 | | of the power of eminent
domain under the Eminent Domain | 23 | | Act, any and all real estate, or
rights therein necessary | 24 | | for building, laying out, extending, adorning
and |
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| 1 | | maintaining any such parks, boulevards and driveways, or | 2 | | for
effecting any of the powers or purposes granted under | 3 | | this Code as its
board may deem proper, whether such lands | 4 | | be located within or without such
district; but no park | 5 | | district, except as provided in paragraph (2) of this
| 6 | | subsection, shall have any power of condemnation in the | 7 | | manner provided for the
exercise of the power of eminent | 8 | | domain under the Eminent Domain Act or otherwise as to any | 9 | | real
estate, lands, riparian rights or estate, or other | 10 | | property situated outside of
such district, but shall only | 11 | | have power to acquire the same by gift, legacy,
grant or | 12 | | purchase, and such district shall have the same control of | 13 | | and power
over lands so acquired without the district as | 14 | | over parks, boulevards and
driveways within such district.
| 15 | | (2) In addition to the powers granted in paragraph (1) | 16 | | of subsection (b),
a park district located in more than | 17 | | one county, the majority of its territory
located in a | 18 | | county over 450,000 in population and none of its | 19 | | territory
located in a county over 1,000,000 in | 20 | | population, shall have condemnation
power in the manner | 21 | | provided for the exercise of the power of eminent domain
| 22 | | under the Eminent Domain Act
or as otherwise granted by | 23 | | law
as to any and all real estate situated up to one mile | 24 | | outside of such district
which is not within the | 25 | | boundaries of another park district.
| 26 | | (c) To acquire by gift, legacy or purchase any |
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| 1 | | personal property necessary
for its corporate purposes | 2 | | provided that all contracts for supplies, materials
or | 3 | | work involving an expenditure in excess of $25,000, or a | 4 | | lower amount if required by board policy, shall be let to | 5 | | the
lowest responsible bidder or the best value bidder | 6 | | after due advertisement. No district shall be required to | 7 | | accept a bid that does not meet the district's established | 8 | | specifications, terms of
delivery, quality, and | 9 | | serviceability requirements. Contracts which, by their | 10 | | nature, are not adapted to award by competitive
bidding, | 11 | | such as contracts for the services of individuals
| 12 | | possessing a high degree of professional skill where the | 13 | | ability or
fitness of the individual plays an important | 14 | | part, contracts for the
printing of finance committee | 15 | | reports and departmental reports,
contracts for the | 16 | | printing or engraving of bonds, tax warrants and other
| 17 | | evidences of indebtedness, contracts for utility services | 18 | | such as water,
light, heat, telephone or telegraph, | 19 | | contracts for fuel (such as diesel, gasoline, oil, | 20 | | aviation, or propane), lubricants, or other petroleum | 21 | | products, contracts for the use, purchase,
delivery, | 22 | | movement, or installation of data processing equipment, | 23 | | software, or
services and telecommunications and | 24 | | interconnect equipment, software, or
services, contracts | 25 | | for duplicating machines and supplies, contracts for goods
| 26 | | or services procured from another governmental agency, |
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| 1 | | purchases of equipment
previously owned by some entity | 2 | | other than the district itself, and
contracts for the | 3 | | purchase of magazines, books, periodicals, pamphlets and
| 4 | | reports are not subject to competitive bidding. Contracts | 5 | | for emergency expenditures are also exempt from | 6 | | competitive bidding when the
emergency expenditure is | 7 | | approved by 3/4 of the members of the board.
| 8 | | All competitive bids for contracts involving an | 9 | | expenditure in excess of $25,000, or a lower amount if | 10 | | required by board policy,
must be sealed by the bidder and | 11 | | must be opened by a member or employee
of the park board at | 12 | | a public bid opening at which the contents of the bids
must | 13 | | be announced. Each bidder must receive at least 3 days | 14 | | notice of the
time and place of the bid opening.
| 15 | | A park district board that awards a contract to a best | 16 | | value bidder must approve the contract by resolution that | 17 | | states with specificity the reasons why the bidder is the | 18 | | best value bidder. The resolution must include the | 19 | | identity of an officer or director of the bidder who is a | 20 | | family member of a board member, is a person with whom a | 21 | | board member maintains a close economic association, or is | 22 | | a person with whom a board member maintains a close | 23 | | political association. | 24 | | For purposes of this subsection : , | 25 | | "Best value" means the result determined by a | 26 | | procurement method that considers price and other criteria |
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| 1 | | reflecting an objective and quantifiable analysis, | 2 | | including consideration of some or all of the following | 3 | | factors: (1) the quality of the bidder's performance on | 4 | | previous projects; (2) the timeliness of the bidder's | 5 | | performance on previous projects; (3) the level of | 6 | | customer satisfaction with the bidder's performance on | 7 | | previous projects; (4) the bidder's record of performing | 8 | | previous projects on budget and ability to minimize cost | 9 | | overruns; (5) the bidder's ability to minimize change | 10 | | orders; (6) the bidder's ability to prepare appropriate | 11 | | project plans; (7) the bidder's technical capabilities; | 12 | | (8) the individual qualifications of the bidder's key | 13 | | personnel; (9) the bidder's ability to assess and minimize | 14 | | risks; (10) the bidder's ability to meet the goals | 15 | | established by the board for the awarding of contracts to | 16 | | minority-owned businesses, women-owned businesses, and | 17 | | businesses owned by persons with disabilities; and (11) | 18 | | maintenance costs and life span of the project. | 19 | | "Due "due advertisement" includes, but is not
limited | 20 | | to, at least one public notice at least 10 days before the | 21 | | bid date in
a newspaper published in the district or, if no | 22 | | newspaper is published in the
district, in a newspaper of | 23 | | general circulation in the area of the district.
| 24 | | "Family member" means a board member's spouse, | 25 | | children, step-children, parents, step-parents, siblings, | 26 | | step-siblings, half-siblings, sons-in-law, |
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| 1 | | daughters-in-law, grandparents, and grandchildren, as well | 2 | | as the parents and grandparents of the board member's | 3 | | spouse and a person living with the board member. | 4 | | "Person with whom a board member maintains a close | 5 | | economic association" means a person associated with the | 6 | | board member in a partnership, association or professional | 7 | | service corporation, whether as partner, officer, | 8 | | employee, associate, or otherwise. | 9 | | "Person with whom a board member maintains a close | 10 | | political association" means a person who has made a | 11 | | campaign contribution to a political committee supporting | 12 | | a board member or a political committee of which a board | 13 | | member is an officer, is a candidate or is an officer of a | 14 | | political committee that has received a campaign | 15 | | contribution from a board member, or is an officer of a | 16 | | political committee supporting a board member. | 17 | | (d) To pass all necessary ordinances, rules and | 18 | | regulations for the
proper management and conduct of the | 19 | | business of the board and district
and to establish by | 20 | | ordinance all needful rules and regulations for the
| 21 | | government and protection of parks, boulevards and | 22 | | driveways and other
property under its jurisdiction, and | 23 | | to effect the objects for which
such districts are formed.
| 24 | | (e) To prescribe such fines and penalties for the | 25 | | violation of
ordinances as it shall deem proper not | 26 | | exceeding $1,000 for any
one
offense, which fines and |
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| 1 | | penalties may be recovered by an action in the name
of such | 2 | | district in the circuit court for the county in which such
| 3 | | violation occurred. The park district may also seek in the | 4 | | action, in
addition to or instead of fines and penalties, | 5 | | an order that the offender
be required to make restitution | 6 | | for damage resulting from violations, and
the court shall | 7 | | grant such relief where appropriate. The procedure in
such | 8 | | actions shall be the same as that provided by law for like | 9 | | actions for the
violation of ordinances in cities | 10 | | organized under the general laws of this
State, and | 11 | | offenders may be imprisoned for non-payment of fines and | 12 | | costs in
the same manner as in such cities. All fines when | 13 | | collected shall be paid into
the treasury of such | 14 | | district.
| 15 | | (f) To manage and control all officers and property of | 16 | | such
districts and to provide for joint ownership with one | 17 | | or more cities,
villages or incorporated towns of real and | 18 | | personal property used for
park purposes by one or more | 19 | | park districts. In case of joint ownership,
the terms of | 20 | | the agreement shall be fair, just and equitable to all
| 21 | | parties and shall be set forth in a written agreement | 22 | | entered into by
the corporate authorities of each | 23 | | participating district, city, village
or incorporated | 24 | | town.
| 25 | | (g) To secure grants and loans, or either, from the | 26 | | United States
Government, or any agency or agencies |
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| 1 | | thereof, for financing the
acquisition or purchase of any | 2 | | and all real estate, or rights therein,
or for effecting | 3 | | any of the powers or purposes granted under this Code
as | 4 | | its Board may deem proper.
| 5 | | (h) To establish fees for the use of facilities and | 6 | | recreational programs of
the districts and to derive | 7 | | revenue from non-resident fees from their
operations. Fees | 8 | | charged non-residents of such district need not be the | 9 | | same as
fees charged to residents of the district. | 10 | | Charging fees or deriving revenue
from the facilities and | 11 | | recreational programs shall not affect the right to
assert | 12 | | or utilize any defense or immunity, common law or | 13 | | statutory, available
to the districts or their employees.
| 14 | | (i) To make contracts for a term exceeding one year, | 15 | | but not to exceed
3 years, notwithstanding any provision | 16 | | of this Code to the contrary,
relating to: (1) the | 17 | | employment of a park director, superintendent,
| 18 | | administrator, engineer, health officer, land planner, | 19 | | finance director,
attorney, police chief, or other officer | 20 | | who requires technical training or
knowledge; (2) the | 21 | | employment of outside professional consultants such as
| 22 | | engineers, doctors, land planners, auditors, attorneys, or | 23 | | other
professional consultants who require technical | 24 | | training or knowledge; (3)
the provision of data | 25 | | processing equipment and services; and (4) the purchase of | 26 | | energy from a utility or an alternative retail electric |
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| 1 | | supplier. With respect to
any contract made under this | 2 | | subsection (i), the corporate authorities
shall include in | 3 | | the annual appropriation ordinance for each fiscal year an
| 4 | | appropriation of a sum of money sufficient to pay the | 5 | | amount which, by the
terms of the contract, is to become | 6 | | due and payable during that fiscal year.
| 7 | | (j) To enter into licensing or management agreements | 8 | | with not-for-profit
corporations organized under the laws | 9 | | of this State to operate park district
facilities if the | 10 | | corporation covenants to use the facilities to provide | 11 | | public
park or recreational programs for youth.
| 12 | | (Source: P.A. 101-304, eff. 8-9-19.)
| 13 | | Section 25. The Illinois Local Library Act is amended by | 14 | | changing Section 5-5 as follows:
| 15 | | (75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
| 16 | | Sec. 5-5. When the board determines to commence the | 17 | | construction of the
building or the remodeling, repairing or | 18 | | improving of an existing library
building or the erection of | 19 | | an addition thereto, the purchase of the
necessary equipment | 20 | | for such library, or the acquisition of library
materials such | 21 | | as books, periodicals, recordings and electronic data
storage | 22 | | and retrieval facilities in connection with either the | 23 | | purchase or
construction of a new library building or the | 24 | | expansion of an existing
library building, they may then |
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| 1 | | revise the plan therefor or adopt a new
plan and provide | 2 | | estimates of the costs thereof, and shall, when the cost
is in | 3 | | excess of $25,000, advertise for
bids for the construction of | 4 | | the building, or the remodeling, repairing or
improving of an | 5 | | existing library building or the erection of an addition
| 6 | | thereto, or the purchase of the necessary equipment for such | 7 | | library, or
the acquisition of library materials such as | 8 | | books, periodicals, recordings
and electronic data storage and | 9 | | retrieval facilities in connection with
either the purchase or | 10 | | construction of a new library building or the
expansion of an | 11 | | existing library building, and shall let the contract or
| 12 | | contracts for the same, when the cost is in excess of $25,000, | 13 | | to the
lowest responsible bidder or bidders or to the best | 14 | | value bidder or bidders . | 15 | | The board shall not be required to accept a bid that does | 16 | | not meet the library's established specifications, terms of | 17 | | delivery, quality, and serviceability requirements. Contracts | 18 | | which, by their nature, are not adapted to award by | 19 | | competitive bidding, are not subject to competitive bidding, | 20 | | including, but not limited to: | 21 | | (1) contracts for the services of individuals | 22 | | possessing a high degree of professional skill where the | 23 | | ability or fitness of the individual plays an important | 24 | | part; | 25 | | (2) contracts for the printing of finance committee | 26 | | reports and departmental reports; |
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| 1 | | (3) contracts for the printing or engraving of bonds, | 2 | | tax warrants and other evidences of indebtedness; | 3 | | (4) contracts for the maintenance or servicing of, or | 4 | | provision of repair parts for, equipment which are made | 5 | | with the manufacturer or authorized service agent of that | 6 | | equipment where the provision of parts, maintenance, or | 7 | | servicing can best be performed by the manufacturer or | 8 | | authorized service agent; | 9 | | (5) purchases and contracts for the use, purchase, | 10 | | delivery, movement, or installation of data processing | 11 | | equipment, software, or services and telecommunications | 12 | | and interconnect equipment, software, and services; | 13 | | (6) contracts for duplicating machines and supplies; | 14 | | (7) contracts for utility services such as water, | 15 | | light, heat, telephone or telegraph; | 16 | | (8) contracts for goods or services procured from | 17 | | another governmental agency; | 18 | | (9) purchases of equipment previously owned by some | 19 | | entity other than the library itself; and | 20 | | (10) contracts for goods or services which are | 21 | | economically procurable from only one source, such as for | 22 | | the purchase of magazines, books, periodicals, pamphlets, | 23 | | and reports. | 24 | | Contracts for emergency expenditures are also exempt from | 25 | | competitive bidding when the emergency expenditure is approved | 26 | | by 3/4 of the members of the board. |
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| 1 | | The board shall
require from such bidders security for the | 2 | | performance of the bids determined by
the board pursuant to | 3 | | law. The board may let the contract or contracts
to one or more | 4 | | bidders, as they shall determine.
| 5 | | A board that awards a contract to a best value bidder must | 6 | | approve the contract by resolution that states with | 7 | | specificity the reasons why the bidder is the best value | 8 | | bidder. The resolution must include the identity of an officer | 9 | | or director of the bidder who is a family member of a board | 10 | | member, is a person with whom a board member maintains a close | 11 | | economic association, or is a person with whom a board member | 12 | | maintains a close political association. | 13 | | As used in this Section: | 14 | | "Best value" means the result determined by a procurement | 15 | | method that considers price and other criteria reflecting an | 16 | | objective and quantifiable analysis, including consideration | 17 | | of some or all of the following factors: (1) the quality of the | 18 | | bidder's performance on previous projects; (2) the timeliness | 19 | | of the bidder's performance on previous projects; (3) the | 20 | | level of customer satisfaction with the bidder's performance | 21 | | on previous projects; (4) the bidder's record of performing | 22 | | previous projects on budget and ability to minimize cost | 23 | | overruns; (5) the bidder's ability to minimize change orders; | 24 | | (6) the bidder's ability to prepare appropriate project plans; | 25 | | (7) the bidder's technical capabilities; (8) the individual | 26 | | qualifications of the bidder's key personnel; (9) the bidder's |
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| 1 | | ability to assess and minimize risks; (10) the bidder's | 2 | | ability to meet the goals established by the board for the | 3 | | awarding of contracts to minority-owned businesses, | 4 | | women-owned businesses, and businesses owned by persons with | 5 | | disabilities; and (11) maintenance costs and life span of the | 6 | | project. | 7 | | "Family member" means a board member's spouse, children, | 8 | | step-children, parents, step-parents, siblings, | 9 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 10 | | grandparents, and grandchildren, as well as the parents and | 11 | | grandparents of the board member's spouse and a person living | 12 | | with the board member. | 13 | | "Person with whom a board member maintains a close | 14 | | economic association" means a person associated with the board | 15 | | member in a partnership, association or professional service | 16 | | corporation, whether as partner, officer, employee, associate, | 17 | | or otherwise. | 18 | | "Person with whom a board member maintains a close | 19 | | political association" means a person who has made a campaign | 20 | | contribution to a political committee supporting a board | 21 | | member or a political committee of which a board member is an | 22 | | officer, is a candidate or is an officer of a political | 23 | | committee that has received a campaign contribution from a | 24 | | board member, or is an officer of a political committee | 25 | | supporting a board member. | 26 | | (Source: P.A. 100-338, eff. 8-25-17.)
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| 1 | | Section 30. The Public Library District Act of 1991 is | 2 | | amended by changing Section 40-45 as follows:
| 3 | | (75 ILCS 16/40-45)
| 4 | | Sec. 40-45. Bids for construction, improvements, or | 5 | | equipment purchases.
| 6 | | (a) When the trustees determine to commence constructing | 7 | | the
building, purchasing a site or a building, remodeling,
| 8 | | repairing, or improving an existing library building, erecting
| 9 | | an addition to an existing library building, or
purchasing the | 10 | | necessary equipment for the
library, they may then revise the | 11 | | plan or adopt a new plan and
provide estimates of the costs of | 12 | | the revised or new plan.
| 13 | | (b) The board shall, when the cost is in
excess of $25,000, | 14 | | advertise for bids for constructing the building,
remodeling, | 15 | | repairing, or improving of an existing library building, | 16 | | erecting
an addition to an existing library building, or | 17 | | purchasing the necessary
equipment for the library and shall | 18 | | let the contract or contracts for the
project, when the cost is | 19 | | in excess of $25,000, to the lowest responsible
bidder or | 20 | | bidders or the best value bidder or bidders . The board shall | 21 | | not be required to accept a bid that does not meet the | 22 | | library's established specifications, terms of delivery, | 23 | | quality, and serviceability requirements. Contracts which, by | 24 | | their nature, are not adapted to award by competitive bidding, |
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| 1 | | are not subject to competitive bidding, including, but not | 2 | | limited to: | 3 | | (1) contracts for the services of individuals | 4 | | possessing a high degree of professional skill where the | 5 | | ability or fitness of the individual plays an important | 6 | | part; | 7 | | (2) contracts for the printing of finance committee | 8 | | reports and departmental reports; | 9 | | (3) contracts for the printing or engraving of bonds, | 10 | | tax warrants and other evidences of indebtedness; | 11 | | (4) contracts for the maintenance or servicing of, or | 12 | | provision of repair parts for, equipment which are made | 13 | | with the manufacturer or authorized service agent of that | 14 | | equipment where the provision of parts, maintenance, or | 15 | | servicing can best be performed by the manufacturer or | 16 | | authorized service agent; | 17 | | (5) purchases and contracts for the use, purchase, | 18 | | delivery, movement, or installation of data processing | 19 | | equipment, software, or services and telecommunications | 20 | | and interconnect equipment, software, and services; | 21 | | (6) contracts for duplicating machines and supplies; | 22 | | (7) contracts for utility services such as water, | 23 | | light, heat, telephone or telegraph; | 24 | | (8) contracts for goods or services procured from | 25 | | another governmental agency; | 26 | | (9) purchases of equipment previously owned by some |
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| 1 | | entity other than the library itself; and | 2 | | (10) contracts for goods or services which are | 3 | | economically procurable from only one source, such as for | 4 | | the purchase of magazines, books, periodicals, pamphlets, | 5 | | and reports. | 6 | | Contracts for emergency expenditures are also exempt from | 7 | | competitive bidding when the emergency expenditure is approved | 8 | | by 3/4 of the members of the board. | 9 | | The board shall require from the bidders security for
the | 10 | | performance of the bids determined by the board pursuant to | 11 | | law.
The trustees may let the contract or contracts to one or | 12 | | more bidders as
they determine.
| 13 | | A board that awards a contract to a best value bidder must | 14 | | approve the contract by resolution that states with | 15 | | specificity the reasons why the bidder is the best value | 16 | | bidder. The resolution must include the identity of an officer | 17 | | or director of the bidder who is a family member of a board | 18 | | member, is a person with whom a board member maintains a close | 19 | | economic association, or is a person with whom a board member | 20 | | maintains a close political association. | 21 | | As used in this Section: | 22 | | "Best value" means the result determined by a procurement | 23 | | method that considers price and other criteria reflecting an | 24 | | objective and quantifiable analysis, including consideration | 25 | | of some or all of the following factors: (1) the quality of the | 26 | | bidder's performance on previous projects; (2) the timeliness |
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| 1 | | of the bidder's performance on previous projects; (3) the | 2 | | level of customer satisfaction with the bidder's performance | 3 | | on previous projects; (4) the bidder's record of performing | 4 | | previous projects on budget and ability to minimize cost | 5 | | overruns; (5) the bidder's ability to minimize change orders; | 6 | | (6) the bidder's ability to prepare appropriate project plans; | 7 | | (7) the bidder's technical capabilities; (8) the individual | 8 | | qualifications of the bidder's key personnel; (9) the bidder's | 9 | | ability to assess and minimize risks; (10) the bidder's | 10 | | ability to meet the goals established by the board for the | 11 | | awarding of contracts to minority-owned businesses, | 12 | | women-owned businesses, and businesses owned by persons with | 13 | | disabilities; and (11) maintenance costs and life span of the | 14 | | project. | 15 | | "Family member" means a board member's spouse, children, | 16 | | step-children, parents, step-parents, siblings, | 17 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 18 | | grandparents, and grandchildren, as well as the parents and | 19 | | grandparents of the board member's spouse and a person living | 20 | | with the board member. | 21 | | "Person with whom a board member maintains a close | 22 | | economic association" means a person associated with the board | 23 | | member in a partnership, association or professional service | 24 | | corporation, whether as partner, officer, employee, associate, | 25 | | or otherwise. | 26 | | "Person with whom a board member maintains a close |
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| 1 | | political association" means a person who has made a campaign | 2 | | contribution to a political committee supporting a board | 3 | | member or a political committee of which a board member is an | 4 | | officer, is a candidate or is an officer of a political | 5 | | committee that has received a campaign contribution from a | 6 | | board member, or is an officer of a political committee | 7 | | supporting a board member. | 8 | | (Source: P.A. 100-338, eff. 8-25-17.)
| 9 | | Section 35. The School Code is amended by changing Section | 10 | | 10-20.21 as follows:
| 11 | | (105 ILCS 5/10-20.21)
| 12 | | Sec. 10-20.21. Contracts.
| 13 | | (a)
To award all contracts for
purchase of supplies and | 14 | | materials or work involving an expenditure in excess of | 15 | | $25,000 or a lower amount as required by board policy
to the | 16 | | lowest responsible bidder or the best value bidder , | 17 | | considering conformity with
specifications, terms of delivery, | 18 | | quality and serviceability, after due
advertisement, except | 19 | | the following: (i) contracts for the services of
individuals | 20 | | possessing a high degree of professional skill where the
| 21 | | ability or fitness of the individual plays an important part; | 22 | | (ii)
contracts for the printing of finance committee reports | 23 | | and departmental
reports; (iii) contracts for the printing or | 24 | | engraving of bonds, tax
warrants and other evidences of |
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| 1 | | indebtedness; (iv) contracts for the
purchase of perishable | 2 | | foods and perishable beverages; (v) contracts for
materials | 3 | | and work which have been awarded to the lowest responsible | 4 | | bidder or the best value bidder
after due advertisement, but | 5 | | due to unforeseen revisions, not the fault of
the contractor | 6 | | for materials and work, must be revised causing expenditures
| 7 | | not in excess of 10% of the contract price; (vi)
contracts for | 8 | | the maintenance or servicing of, or provision of
repair parts | 9 | | for, equipment which are made with the manufacturer or
| 10 | | authorized service agent of that equipment where the provision | 11 | | of parts,
maintenance, or servicing can best be performed by | 12 | | the manufacturer or
authorized service agent; (vii) purchases | 13 | | and contracts for the use,
purchase, delivery, movement, or | 14 | | installation of data processing equipment,
software, or | 15 | | services and telecommunications and interconnect
equipment, | 16 | | software, and services; (viii) contracts for duplicating
| 17 | | machines and supplies; (ix) contracts for the purchase of | 18 | | fuel, including diesel, gasoline, oil, aviation, natural gas, | 19 | | or propane, lubricants, or other petroleum products; (x) | 20 | | purchases of
equipment previously owned by some entity other | 21 | | than the district
itself; (xi) contracts for repair, | 22 | | maintenance, remodeling, renovation, or
construction, or a | 23 | | single project involving an expenditure not to exceed
$50,000 | 24 | | and not involving a change or increase in the size, type, or | 25 | | extent
of an existing facility; (xii) contracts for goods or | 26 | | services procured
from another governmental agency; (xiii) |
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| 1 | | contracts for goods or services
which are economically | 2 | | procurable from only one source, such as for the
purchase of | 3 | | magazines, books, periodicals, pamphlets and reports, and for
| 4 | | utility services such as water, light, heat, telephone or | 5 | | telegraph;
(xiv) where funds are expended in an emergency and | 6 | | such emergency
expenditure is approved by 3/4 of the members | 7 | | of the board; (xv) State master contracts authorized under | 8 | | Article 28A of this Code; and (xvi) contracts providing for | 9 | | the transportation of pupils, which contracts must be | 10 | | advertised in the same manner as competitive bids and awarded | 11 | | by first considering the bidder or bidders most able to | 12 | | provide safety and comfort for the pupils, stability of | 13 | | service, and any other factors set forth in the request for | 14 | | proposal regarding quality of service, and then price. | 15 | | However, at no time shall a cause of action lie against a | 16 | | school board for awarding a pupil transportation contract per | 17 | | the standards set forth in this subsection (a) unless the | 18 | | cause of action is based on fraudulent conduct. | 19 | | A school board that awards a contract to a best value | 20 | | bidder must approve the contract by resolution that states | 21 | | with specificity the reasons why the bidder is the best value | 22 | | bidder. The resolution must include the identity of an officer | 23 | | or director of the bidder who is a family member of a board | 24 | | member, is a person with whom a board member maintains a close | 25 | | economic association, or is a person with whom a board member | 26 | | maintains a close political association. |
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| 1 | | Notwithstanding a provision of this Section to the | 2 | | contrary, a school board that awards a competitively bid | 3 | | contract in excess of $25,000 to a third party for | 4 | | non-instructional services currently performed by a employee | 5 | | or bargaining unit member may only award such a contract to the | 6 | | lowest responsible bidder. | 7 | | As used in this Section: | 8 | | "Best value" means the result determined by a procurement | 9 | | method that considers price and other criteria reflecting an | 10 | | objective and quantifiable analysis, including consideration | 11 | | of some or all of the following factors: (1) the quality of the | 12 | | bidder's performance on previous projects; (2) the timeliness | 13 | | of the bidder's performance on previous projects; (3) the | 14 | | level of customer satisfaction with the bidder's performance | 15 | | on previous projects; (4) the bidder's record of performing | 16 | | previous projects on budget and ability to minimize cost | 17 | | overruns; (5) the bidder's ability to minimize change orders; | 18 | | (6) the bidder's ability to prepare appropriate project plans; | 19 | | (7) the bidder's technical capabilities; (8) the individual | 20 | | qualifications of the bidder's key personnel; (9) the bidder's | 21 | | ability to assess and minimize risks; (10) the bidder's | 22 | | ability to meet the goals established by the school board for | 23 | | the awarding of contracts to minority-owned businesses, | 24 | | women-owned businesses, and businesses owned by persons with | 25 | | disabilities; and (11) maintenance costs and life span of the | 26 | | project. |
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| 1 | | "Family member" means a board member's spouse, children, | 2 | | step-children, parents, step-parents, siblings, | 3 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 4 | | grandparents, and grandchildren, as well as the parents and | 5 | | grandparents of the board member's spouse and a person living | 6 | | with the board member. | 7 | | "Person with whom a board member maintains a close | 8 | | economic association" means a person associated with the board | 9 | | member in a partnership, association or professional service | 10 | | corporation, whether as partner, officer, employee, associate, | 11 | | or otherwise. | 12 | | "Person with whom a board member maintains a close | 13 | | political association" means a person who has made a campaign | 14 | | contribution to a political committee supporting a board | 15 | | member or a political committee of which a board member is an | 16 | | officer, is a candidate or is an officer of a political | 17 | | committee that has received a campaign contribution from a | 18 | | board member, or is an officer of a political committee | 19 | | supporting a board member. | 20 | | All competitive
bids for contracts involving an | 21 | | expenditure in excess of $25,000 or a lower amount as required | 22 | | by board policy must be
sealed by the bidder and must be opened | 23 | | by a member or employee of the
school board at a public bid | 24 | | opening at which the contents of the bids
must be announced. | 25 | | Each bidder must receive at least 3 days' notice of the
time | 26 | | and place of the bid opening. For purposes of this Section due
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| 1 | | advertisement includes, but is not limited to, at least one | 2 | | public notice
at least 10 days before the bid date in a | 3 | | newspaper published in the
district, or if no newspaper is | 4 | | published in the district, in a newspaper
of general | 5 | | circulation in the area of the district. State master | 6 | | contracts and certified education purchasing contracts, as | 7 | | defined in Article 28A of this Code, are not subject to the | 8 | | requirements of this paragraph.
| 9 | | Under this Section, the acceptance of bids sealed by a | 10 | | bidder and the opening of these bids at a public bid opening | 11 | | may be permitted by an electronic process for communicating, | 12 | | accepting, and opening competitive bids. An electronic bidding | 13 | | process must provide for, but is not limited to, the following | 14 | | safeguards: | 15 | | (1) On the date and time certain of a bid opening, the | 16 | | primary person conducting the competitive, sealed, | 17 | | electronic bid process shall log onto a specified database | 18 | | using a unique username and password previously assigned | 19 | | to the bidder to allow access to the bidder's specific bid | 20 | | project number. | 21 | | (2) The specified electronic database must be on a | 22 | | network that (i) is in a secure environment behind a | 23 | | firewall; (ii) has specific encryption tools; (iii) | 24 | | maintains specific intrusion detection systems; (iv) has | 25 | | redundant systems architecture with data storage back-up, | 26 | | whether by compact disc or tape; and (v) maintains a |
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| 1 | | disaster recovery plan.
| 2 | | It is the legislative intent of Public Act 96-841 to maintain | 3 | | the integrity of the sealed bidding process provided for in | 4 | | this Section, to further limit any possibility of bid-rigging, | 5 | | to reduce administrative costs to school districts, and to | 6 | | effect efficiencies in communications with bidders. | 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 | 10 | | Use Tax on all sales of tangible personal property into the | 11 | | State of
Illinois in
accordance with the provisions of the | 12 | | Illinois Use Tax Act regardless of whether
the
person or | 13 | | affiliate is a "retailer maintaining a place of business | 14 | | within this
State" as
defined in Section 2 of the Use Tax Act. | 15 | | For purposes of this Section, the term
"affiliate"
means any | 16 | | entity that (1) directly, indirectly, or constructively | 17 | | controls
another entity, (2)
is directly, indirectly, or | 18 | | constructively controlled by another entity, or (3)
is subject | 19 | | to
the control of a common entity. For purposes of this | 20 | | subsection (b), an entity
controls
another entity if it owns, | 21 | | directly or individually, more than 10% of the
voting
| 22 | | securities
of that entity. As used in this subsection (b), the | 23 | | term "voting security"
means a security
that (1) confers upon | 24 | | the holder the right to vote for the election of members
of the | 25 | | board
of directors or similar governing body of the business | 26 | | or (2) is convertible
into, or entitles
the holder to receive |
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| 1 | | upon its exercise, a security that confers such a right
to
| 2 | | vote. A
general partnership interest is a voting security.
| 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.
| 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 | 20 | | net revenue and non-monetary remuneration from each of the | 21 | | contracts or agreements. In addition, the report shall | 22 | | indicate for what purpose the revenue was used and how and to | 23 | | whom the non-monetary remuneration was distributed.
| 24 | | (b-10) To prohibit any contract to purchase food with a | 25 | | bidder or offeror if the bidder's or offeror's contract terms | 26 | | prohibit the school from donating food to food banks, |
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| 1 | | including, but not limited to, homeless shelters, food | 2 | | pantries, and soup kitchens. | 3 | | (c) If the State education purchasing entity creates a | 4 | | master contract as defined in Article 28A of this Code, then | 5 | | the State education purchasing entity shall notify school | 6 | | districts of the existence of the master contract. | 7 | | (d) In purchasing supplies, materials, equipment, or | 8 | | services that are not subject to subsection (c) of this | 9 | | Section, before a school district solicits bids or awards a | 10 | | contract, the district may review and consider as a bid under | 11 | | subsection (a) of this Section certified education purchasing | 12 | | contracts that are already available through the State | 13 | | education purchasing entity. | 14 | | (Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)
| 15 | | Section 40. The Public Community College Act is amended by | 16 | | changing Section 3-27.1 as follows:
| 17 | | (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
| 18 | | Sec. 3-27.1. Contracts. To award all contracts for | 19 | | purchase of
supplies, materials or work involving an | 20 | | expenditure in excess of $25,000 or a lower amount as required | 21 | | by board policy to
the lowest responsible bidder or the best | 22 | | value bidder considering conformity with specifications,
terms | 23 | | of delivery, quality, and serviceability; after due | 24 | | advertisement,
except the following: (a) contracts for the |
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| 1 | | services of individuals
possessing a high degree of | 2 | | professional skill where the ability or fitness
of the | 3 | | individual plays an important part; (b) contracts for
the | 4 | | printing of finance committee reports and departmental | 5 | | reports; (c)
contracts for the printing or engraving of bonds, | 6 | | tax warrants and other
evidences of indebtedness; (d) | 7 | | contracts for materials and work which
have been awarded to | 8 | | the lowest responsible bidder or the best value bidder after | 9 | | due advertisement,
but due to unforeseen revisions, not the | 10 | | fault of the contractor for
materials and work, must be | 11 | | revised causing expenditures not in excess of
10% of the | 12 | | contract price; (e) contracts for the maintenance or servicing
| 13 | | of, or provision of repair parts for, equipment which are made | 14 | | with the
manufacturer or authorized service agent of that | 15 | | equipment where the
provision of parts, maintenance, or | 16 | | servicing can best be performed by the
manufacturer or | 17 | | authorized service agent; (f) purchases and contracts for
the | 18 | | use, purchase, delivery, movement, or installation of data | 19 | | processing
equipment, software, or services and | 20 | | telecommunications and inter-connect
equipment, software, and | 21 | | services; (g) contracts for duplicating machines
and supplies; | 22 | | (h) contracts for the purchase of natural gas when the cost
is | 23 | | less than that offered by a public utility; (i) purchases of | 24 | | equipment
previously owned by some entity other than the | 25 | | district itself; (j)
contracts for repair, maintenance, | 26 | | remodeling, renovation, or construction,
or a single project |
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| 1 | | involving an expenditure not to exceed $50,000 and not
| 2 | | involving a change or increase in the size, type, or extent of | 3 | | an existing
facility; (k) contracts for goods or services | 4 | | procured from another
governmental agency; (l) contracts for | 5 | | goods or services which are economically
procurable from only | 6 | | one source, such as for the purchase of magazines,
books, | 7 | | periodicals, pamphlets and reports, and for utility services | 8 | | such
as water, light, heat, telephone or telegraph; (m) where | 9 | | funds are
expended in an emergency and such emergency | 10 | | expenditure is approved by 3/4
of the members of the board; and | 11 | | (n) contracts for the purchase of perishable foods and | 12 | | perishable beverages.
| 13 | | A board that awards a contract to a best value bidder must | 14 | | approve the contract by resolution that states with | 15 | | specificity the reasons why the bidder is the best value | 16 | | bidder. The resolution must include the identity of an officer | 17 | | or director of the bidder who is a family member of a board | 18 | | member, is a person with whom a board member maintains a close | 19 | | economic association, or is a person with whom a board member | 20 | | maintains a close political association. | 21 | | As used in this Section: | 22 | | "Best value" means the result determined by a procurement | 23 | | method that considers price and other criteria reflecting an | 24 | | objective and quantifiable analysis, including consideration | 25 | | of some or all of the following factors: (1) the quality of the | 26 | | bidder's performance on previous projects; (2) the timeliness |
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| 1 | | of the bidder's performance on previous projects; (3) the | 2 | | level of customer satisfaction with the bidder's performance | 3 | | on previous projects; (4) the bidder's record of performing | 4 | | previous projects on budget and ability to minimize cost | 5 | | overruns; (5) the bidder's ability to minimize change orders; | 6 | | (6) the bidder's ability to prepare appropriate project plans; | 7 | | (7) the bidder's technical capabilities; (8) the individual | 8 | | qualifications of the bidder's key personnel; (9) the bidder's | 9 | | ability to assess and minimize risks; (10) the bidder's | 10 | | ability to meet the goals established by the board for the | 11 | | awarding of contracts to minority-owned businesses, | 12 | | women-owned businesses, and businesses owned by persons with | 13 | | disabilities; and (11) maintenance costs and life span of the | 14 | | project. | 15 | | "Family member" means a board member's spouse, children, | 16 | | step-children, parents, step-parents, siblings, | 17 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 18 | | grandparents, and grandchildren, as well as the parents and | 19 | | grandparents of the board member's spouse and a person living | 20 | | with the board member. | 21 | | "Person with whom a board member maintains a close | 22 | | economic association" means a person associated with the board | 23 | | member in a partnership, association or professional service | 24 | | corporation, whether as partner, officer, employee, associate, | 25 | | or otherwise. | 26 | | "Person with whom a board member maintains a close |
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| 1 | | political association" means a person who has made a campaign | 2 | | contribution to a political committee supporting a board | 3 | | member or a political committee of which a board member is an | 4 | | officer, is a candidate or is an officer of a political | 5 | | committee that has received a campaign contribution from a | 6 | | board member, or is an officer of a political committee | 7 | | supporting a board member. | 8 | | All competitive bids for contracts involving an | 9 | | expenditure in excess of
$25,000 or a lower amount as required | 10 | | by board policy must be sealed by the bidder and must be opened | 11 | | by a member or
employee of the board at a public bid opening at | 12 | | which the contents of the
bids must be announced. Each bidder | 13 | | must receive at least 3 days' notice of
the time and place of | 14 | | such bid opening. For purposes of this Section due
| 15 | | advertisement includes, but is not limited to, at least one | 16 | | public notice
at least 10 days before the bid date in a | 17 | | newspaper published in the
district, or if no newspaper is | 18 | | published in the district, in a newspaper
of general | 19 | | circulation in the area of the district. Electronic bid | 20 | | submissions shall be considered a sealed document for | 21 | | competitive bid requests if they are received at the | 22 | | designated office by the time and date set for receipt for | 23 | | bids. However, bids for construction purposes are prohibited | 24 | | from being submitted electronically. Electronic bid | 25 | | submissions must be authorized by specific language in the bid | 26 | | documents in order to be considered and must be opened in |
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| 1 | | accordance with electronic security measures in effect at the | 2 | | community college at the time of opening. Unless the | 3 | | electronic submission procedures provide for a secure receipt, | 4 | | the vendor assumes the risk of premature disclosure due to | 5 | | submission in an unsealed form.
| 6 | | The provisions of this Section do not apply to guaranteed | 7 | | energy savings
contracts entered into under Article V-A. The | 8 | | provisions of this Section do not prevent a community college | 9 | | from complying with the terms and conditions of a grant, gift, | 10 | | or bequest that calls for the procurement of a particular good | 11 | | or service, provided that the grant, gift, or bequest provides | 12 | | all funding for the contract, complies with all applicable | 13 | | laws, and does not interfere with or otherwise impair any | 14 | | collective bargaining agreements the community college may | 15 | | have with labor organizations.
| 16 | | (Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
| 17 | | Section 45. The Illinois Highway Code is amended by | 18 | | changing Section 6-201.7 as follows:
| 19 | | (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
| 20 | | Sec. 6-201.7. Construct, maintain and repair and be | 21 | | responsible for
the construction, maintenance and repair of | 22 | | roads within the district,
let contracts, employ labor and | 23 | | purchase material and machinery
therefor, subject to the | 24 | | limitations provided in this Code.
Contracts,
labor, |
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| 1 | | machinery, disposal, and incidental expenses related to | 2 | | special services
under Section 6-201.21 of this Code | 3 | | constitute maintenance, for purposes of
this Section.
| 4 | | Except for professional services, when the cost of | 5 | | construction,
materials, supplies, new machinery or equipment | 6 | | exceeds
$20,000, the
contract for such construction, | 7 | | materials, supplies, machinery or
equipment shall be let to
| 8 | | the lowest responsible bidder or the best value bidder after | 9 | | advertising for bids at least once,
and at least 10 days prior | 10 | | to the time set for the opening of such bids, in a
newspaper
| 11 | | published within the township or road district, or, if no | 12 | | newspaper is
published within the township or road district | 13 | | then in one published
within the county, or, if no newspaper is | 14 | | published within the county
then in a newspaper having general | 15 | | circulation within the township or
road district, but, in case | 16 | | of an emergency, such contract may be let
without advertising | 17 | | for bids. For purposes of this
Section "new machinery or | 18 | | equipment" shall be defined as that which has
been previously | 19 | | untitled or that which shows fewer than 200 hours on its
| 20 | | operating clock and that is accompanied by a new equipment | 21 | | manufacturer's
warranty.
| 22 | | A highway commissioner that awards a contract to a best | 23 | | value bidder must approve the contract by resolution that | 24 | | states with specificity the reasons why the bidder is the best | 25 | | value bidder. The resolution must include the identity of an | 26 | | officer or director of the bidder who is a family member of the |
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| 1 | | commissioner, is a person with whom the commissioner maintains | 2 | | a close economic association, or is a person with whom the | 3 | | commissioner maintains a close political association. | 4 | | As used in this Section: | 5 | | "Best value" means the result determined by a procurement | 6 | | method that considers price and other criteria reflecting an | 7 | | objective and quantifiable analysis, including consideration | 8 | | of some or all of the following factors: (1) the quality of the | 9 | | bidder's performance on previous projects; (2) the timeliness | 10 | | of the bidder's performance on previous projects; (3) the | 11 | | level of customer satisfaction with the bidder's performance | 12 | | on previous projects; (4) the bidder's record of performing | 13 | | previous projects on budget and ability to minimize cost | 14 | | overruns; (5) the bidder's ability to minimize change orders; | 15 | | (6) the bidder's ability to prepare appropriate project plans; | 16 | | (7) the bidder's technical capabilities; (8) the individual | 17 | | qualifications of the bidder's key personnel; (9) the bidder's | 18 | | ability to assess and minimize risks; (10) the bidder's | 19 | | ability to meet the goals established by the commissioner for | 20 | | the awarding of contracts to minority-owned businesses, | 21 | | women-owned businesses, and businesses owned by persons with | 22 | | disabilities; and (11) maintenance costs and life span of the | 23 | | project. | 24 | | "Family member" means the commissioner's spouse, children, | 25 | | step-children, parents, step-parents, siblings, | 26 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, |
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| 1 | | grandparents, and grandchildren, as well as the parents and | 2 | | grandparents of the commissioner's spouse and a person living | 3 | | with the commissioner. | 4 | | "Person with whom the commissioner maintains a close | 5 | | economic association" means a person associated with the | 6 | | commissioner in a partnership, association or professional | 7 | | service corporation, whether as partner, officer, employee, | 8 | | associate, or otherwise. | 9 | | "Person with whom the commissioner maintains a close | 10 | | political association" means a person who has made a campaign | 11 | | contribution to a political committee supporting the | 12 | | commissioner or a political committee of which the | 13 | | commissioner is an officer, is a candidate or is an officer of | 14 | | a political committee that has received a campaign | 15 | | contribution from the commissioner, or is an officer of a | 16 | | political committee supporting the commissioner. | 17 | | | 18 | | | 19 | | (Source: P.A. 93-109, eff. 7-8-03; 93-164, eff. 7-10-03; | 20 | | 93-610, eff. 11-18-03; 94-435, eff. 8-2-05.)
| 21 | | Section 95. No acceleration or delay. Where this Act makes | 22 | | changes in a statute that is represented in this Act by text | 23 | | that is not yet or no longer in effect (for example, a Section | 24 | | represented by multiple versions), the use of that text does | 25 | | not accelerate or delay the taking effect of (i) the changes |
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| 1 | | made by this Act or (ii) provisions derived from any other | 2 | | Public Act.".
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