Full Text of HB4393 102nd General Assembly
HB4393eng 102ND GENERAL ASSEMBLY |
| | HB4393 Engrossed | | LRB102 23518 AWJ 32700 b |
|
| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | in a newspaper having general circulation within the | 18 | | township.
| 19 | | (2) By a contract let without advertising for bids in | 20 | | the case of an
emergency if authorized by the township | 21 | | board.
| 22 | | A township board that awards a contract to a best value | 23 | | bidder must approve the contract by resolution that states |
| | | HB4393 Engrossed | - 2 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | with specificity the reasons why the bidder is the best value | 2 | | bidder. The resolution must include the identity of an officer | 3 | | or director of the bidder who is a family member of a board | 4 | | member, is a person with whom a board member maintains a close | 5 | | economic association, or is a person with whom a board member | 6 | | maintains a close political association. | 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 township board | 23 | | for 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. |
| | | HB4393 Engrossed | - 3 - | LRB102 23518 AWJ 32700 b |
|
| 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 | | This Section does not apply to contracts by a township | 21 | | with the federal
government.
| 22 | | If a township is eligible to be paid from or reimbursed | 23 | | with federal-aid funds, grants, or loans, in whole or in part, | 24 | | and the letting of a contract to the best value bidder under | 25 | | this Section would result in the loss of those federal-aid | 26 | | funds, grants, or loans, then the contract shall be let to the |
| | | HB4393 Engrossed | - 4 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | lowest responsible bidder in accordance with this Section. | 2 | | (Source: P.A. 94-435, eff. 8-2-05.)
| 3 | | (60 ILCS 1/205-105)
| 4 | | Sec. 205-105. Construction contracts; bids.
| 5 | | (a) All contracts for construction work whose estimated | 6 | | cost will exceed
$20,000 shall be let to the lowest | 7 | | responsible bidder or the best value bidder after publication | 8 | | of
notice for bids. Notice for bids shall be published once in | 9 | | a newspaper
published and having general circulation in the | 10 | | township, if there is one. If
there is no such newspaper, | 11 | | notice for bids shall be published in a newspaper
published | 12 | | and having general circulation in the county. Notice for bids | 13 | | shall
be published at least 10 days before the date set for | 14 | | receiving bids. Bids
shall be opened and publicly read, and an | 15 | | award shall be made to the lowest
responsible bidder or the | 16 | | best value bidder within 15 days after the receipt of bids.
| 17 | | A township board that awards a contract to a best value | 18 | | bidder must approve the contract by resolution that states | 19 | | with specificity the reasons why the bidder is the best value | 20 | | bidder. The resolution must include the identity of an officer | 21 | | or director of the bidder who is a family member of a board | 22 | | member, is a person with whom a board member maintains a close | 23 | | economic association, or is a person with whom a board member | 24 | | maintains a close political association. | 25 | | As used in this Section: |
| | | HB4393 Engrossed | - 5 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | "Best value" means the result determined by a procurement | 2 | | method that considers price and other criteria reflecting an | 3 | | objective and quantifiable analysis, including consideration | 4 | | of some or all of the following factors: (1) the quality of the | 5 | | bidder's performance on previous projects; (2) the timeliness | 6 | | of the bidder's performance on previous projects; (3) the | 7 | | level of customer satisfaction with the bidder's performance | 8 | | on previous projects; (4) the bidder's record of performing | 9 | | previous projects on budget and ability to minimize cost | 10 | | overruns; (5) the bidder's ability to minimize change orders; | 11 | | (6) the bidder's ability to prepare appropriate project plans; | 12 | | (7) the bidder's technical capabilities; (8) the individual | 13 | | qualifications of the bidder's key personnel; (9) the bidder's | 14 | | ability to assess and minimize risks; (10) the bidder's | 15 | | ability to meet the goals established by the township board | 16 | | for the awarding of contracts to minority-owned businesses, | 17 | | women-owned businesses, and businesses owned by persons with | 18 | | disabilities; and (11) maintenance costs and life span of the | 19 | | project. | 20 | | "Family member" means a board member's spouse, children, | 21 | | step-children, parents, step-parents, siblings, | 22 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 23 | | grandparents, and grandchildren, as well as the parents and | 24 | | grandparents of the board member's spouse and a person living | 25 | | with the board member. | 26 | | "Person with whom a board member maintains a close |
| | | HB4393 Engrossed | - 6 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | economic association" means a person associated with the board | 2 | | member in a partnership, association or professional service | 3 | | corporation, whether as partner, officer, employee, associate, | 4 | | or otherwise. | 5 | | "Person with whom a board member maintains a close | 6 | | political association" means a person who has made a campaign | 7 | | contribution to a political committee supporting a board | 8 | | member or a political committee of which a board member is an | 9 | | officer, is a candidate or is an officer of a political | 10 | | committee that has received a campaign contribution from a | 11 | | board member, or is an officer of a political committee | 12 | | supporting a board member. | 13 | | (b) This Section shall not apply to engineering, legal, or | 14 | | other
professional services, but it shall apply to the | 15 | | purchase of equipment unless
the township board, by a | 16 | | resolution adopted by a three-fourths vote, determines
that it | 17 | | is for the best interests of the township that advertising for | 18 | | bids for
the equipment be dispensed with.
| 19 | | (c) If a township is eligible to be paid from or reimbursed | 20 | | with federal-aid funds, grants, or loans, in whole or in part, | 21 | | and the letting of a contract to the best value bidder under | 22 | | this Section would result in the loss of those federal-aid | 23 | | funds, grants, or loans, then the contract shall be let to the | 24 | | lowest responsible bidder in accordance with this Section. | 25 | | (Source: P.A. 95-300, eff. 8-20-07.)
|
| | | HB4393 Engrossed | - 7 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | Section 10. The Illinois Municipal Code is amended by | 2 | | changing Sections 4-5-11 and 8-9-1 as follows:
| 3 | | (65 ILCS 5/4-5-11) (from Ch. 24, par. 4-5-11)
| 4 | | Sec. 4-5-11. Except as otherwise provided, all contracts, | 5 | | of whatever
character, pertaining to public improvement, or to | 6 | | the maintenance of
the public property of a municipality | 7 | | involving an outlay of $10,000 or
more, shall be based upon | 8 | | specifications to be approved by the council.
Any work or | 9 | | other public improvement which is not to be paid for in
whole | 10 | | or in part by special assessment or special taxation, when the
| 11 | | expense thereof will exceed $25,000, shall be constructed as | 12 | | follows:
| 13 | | (1) By a contract let to the lowest responsible bidder | 14 | | or the best value bidder after
advertising for bids, in | 15 | | the manner prescribed by ordinance, except that
any such | 16 | | contract may be entered into by the proper officers | 17 | | without
advertising for bids, if authorized by a vote of 4 | 18 | | of the 5 council
members elected; or
| 19 | | (2) In the following manner, if authorized by a vote | 20 | | of 4 of the 5
council members elected: the commissioner of | 21 | | public works or other
proper officers to be designated by | 22 | | ordinance, shall superintend and
cause to be carried out | 23 | | the construction of the work or other public
improvement | 24 | | and shall employ exclusively for the performance of all
| 25 | | manual labor thereon, laborers and artisans whom the city |
| | | HB4393 Engrossed | - 8 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | or village
shall pay by the day or hour, but all material | 2 | | of the value of $25,000
and upward used in the | 3 | | construction of the work or other public
improvement, | 4 | | shall be purchased by contract let to the lowest
| 5 | | responsible bidder or the best value bidder in the manner | 6 | | to be prescribed by ordinance.
| 7 | | A city council that awards a contract to a best value | 8 | | bidder must approve the contract by resolution that states | 9 | | with specificity the reasons why the bidder is the best value | 10 | | bidder. The resolution must include the identity of an officer | 11 | | or director of the bidder who is a family member of a city | 12 | | council member, is a person with whom a city council member | 13 | | maintains a close economic association, or is a person with | 14 | | whom a city council member maintains a close political | 15 | | association. | 16 | | As used in this Section: | 17 | | "Best value" means the result determined by a procurement | 18 | | method that considers price and other criteria reflecting an | 19 | | objective and quantifiable analysis, including consideration | 20 | | of some or all of the following factors: (1) the quality of the | 21 | | bidder's performance on previous projects; (2) the timeliness | 22 | | of the bidder's performance on previous projects; (3) the | 23 | | level of customer satisfaction with the bidder's performance | 24 | | on previous projects; (4) the bidder's record of performing | 25 | | previous projects on budget and ability to minimize cost | 26 | | overruns; (5) the bidder's ability to minimize change orders; |
| | | HB4393 Engrossed | - 9 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | (6) the bidder's ability to prepare appropriate project plans; | 2 | | (7) the bidder's technical capabilities; (8) the individual | 3 | | qualifications of the bidder's key personnel; (9) the bidder's | 4 | | ability to assess and minimize risks; (10) the bidder's | 5 | | ability to meet the goals established by the city council for | 6 | | the awarding of contracts to minority-owned businesses, | 7 | | women-owned businesses, and businesses owned by persons with | 8 | | disabilities; and (11) maintenance costs and life span of the | 9 | | project. | 10 | | "Family member" means a city council member's spouse, | 11 | | children, step-children, parents, step-parents, siblings, | 12 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 13 | | grandparents, and grandchildren, as well as the parents and | 14 | | grandparents of the city council member's spouse and a person | 15 | | living with the city council member. | 16 | | "Person with whom a city council member maintains a close | 17 | | economic association" means a person associated with the city | 18 | | council member in a partnership, association or professional | 19 | | service corporation, whether as partner, officer, employee, | 20 | | associate, or otherwise. | 21 | | "Person with whom a city council member maintains a close | 22 | | political association" means a person who has made a campaign | 23 | | contribution to a political committee supporting a city | 24 | | council member or a political committee of which a city | 25 | | council member is an officer, is a candidate or is an officer | 26 | | of a political committee that has received a campaign |
| | | HB4393 Engrossed | - 10 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | contribution from a city council member, or is an officer of a | 2 | | political committee supporting a city council member. | 3 | | Nothing contained in this Section shall apply to any | 4 | | contract by a
municipality with the United States of America | 5 | | or any agency thereof.
| 6 | | If a municipality is eligible to be paid from or | 7 | | reimbursed with federal-aid funds, grants, or loans, in whole | 8 | | or in part, and the letting of a contract to the best value | 9 | | bidder under this Section would result in the loss of those | 10 | | federal-aid funds, grants, or loans, then the contract shall | 11 | | be let to the lowest responsible bidder in accordance with | 12 | | this Section. | 13 | | (Source: P.A. 100-338, eff. 8-25-17.)
| 14 | | (65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
| 15 | | Sec. 8-9-1. In municipalities of less than 500,000 except
| 16 | | as otherwise provided in Articles 4 and 5 any work or other
| 17 | | public improvement which is not to be paid for in whole or in
| 18 | | part by special assessment or special taxation, when the | 19 | | expense
thereof will exceed $25,000, shall be constructed | 20 | | either (1)
by a contract let to the lowest responsible bidder | 21 | | or the best value bidder after
advertising for bids, in the | 22 | | manner prescribed by ordinance,
except that any such contract | 23 | | may be entered into by the proper
officers without advertising | 24 | | for bids, if authorized by a vote
of two-thirds of all the | 25 | | alderpersons or trustees then holding office;
or (2) in the |
| | | HB4393 Engrossed | - 11 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | following manner, if authorized by a vote of
two-thirds of all | 2 | | the alderpersons or trustees then holding office,
to-wit: the | 3 | | commissioner of public works or other proper officers
to be | 4 | | designated by ordinance, shall superintend and cause to
be | 5 | | carried out the construction of the work or other public
| 6 | | improvement and shall employ exclusively for the performance
| 7 | | of all manual labor thereon, laborers and artisans whom the
| 8 | | municipality shall pay by the day or hour; and all material
of | 9 | | the value of $25,000 and upward used in the construction of
the | 10 | | work or other public improvement, shall be purchased by
| 11 | | contract let to the lowest responsible bidder or the best | 12 | | value bidder in the manner
to be prescribed by ordinance. | 13 | | However, nothing contained
in this Section shall apply to any | 14 | | contract by a city, village
or incorporated town with the | 15 | | federal government or any agency thereof.
| 16 | | A city council that awards a contract to a best value | 17 | | bidder must approve the contract by resolution that states | 18 | | with specificity the reasons why the bidder is the best value | 19 | | bidder. The resolution must include the identity of an officer | 20 | | or director of the bidder who is a family member of a city | 21 | | council member, is a person with whom a city council member | 22 | | maintains a close economic association, or is a person with | 23 | | whom a city council member maintains a close political | 24 | | association. | 25 | | As used in this Section: | 26 | | "Best value" means the result determined by a procurement |
| | | HB4393 Engrossed | - 12 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | method that considers price and other criteria reflecting an | 2 | | objective and quantifiable analysis, including consideration | 3 | | of some or all of the following factors: (1) the quality of the | 4 | | bidder's performance on previous projects; (2) the timeliness | 5 | | of the bidder's performance on previous projects; (3) the | 6 | | level of customer satisfaction with the bidder's performance | 7 | | on 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 orders; | 10 | | (6) the bidder's ability to prepare appropriate project plans; | 11 | | (7) the bidder's technical capabilities; (8) the individual | 12 | | qualifications of the bidder's key personnel; (9) the bidder's | 13 | | ability to assess and minimize risks; (10) the bidder's | 14 | | ability to meet the goals established by the city council for | 15 | | the awarding of contracts to minority-owned businesses, | 16 | | women-owned businesses, and businesses owned by persons with | 17 | | disabilities; and (11) maintenance costs and life span of the | 18 | | project. | 19 | | "Family member" means a city council member's spouse, | 20 | | children, step-children, parents, step-parents, siblings, | 21 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 22 | | grandparents, and grandchildren, as well as the parents and | 23 | | grandparents of the city council member's spouse and a person | 24 | | living with the city council member. | 25 | | "Person with whom a city council member maintains a close | 26 | | economic association" means a person associated with the city |
| | | HB4393 Engrossed | - 13 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | council member in a partnership, association or professional | 2 | | service corporation, whether as partner, officer, employee, | 3 | | associate, or otherwise. | 4 | | "Person with whom a city council member maintains a close | 5 | | political association" means a person who has made a campaign | 6 | | contribution to a political committee supporting a city | 7 | | council member or a political committee of which a city | 8 | | council member is an officer, is a candidate or is an officer | 9 | | of a political committee that has received a campaign | 10 | | contribution from a city council member, or is an officer of a | 11 | | political committee supporting a city council member. | 12 | | In every city which has adopted Division 1 of Article 10,
| 13 | | every such laborer or artisan shall be certified by the civil
| 14 | | service commission to the commissioner of public works or | 15 | | other
proper officers, in accordance with the requirement of | 16 | | that division.
| 17 | | In municipalities of 500,000 or more population the | 18 | | letting of
contracts for work or other public improvements of | 19 | | the character
described in this Section shall be governed by | 20 | | the provisions of
Division 10 of this Article 8.
| 21 | | If a municipality is eligible to be paid from or | 22 | | reimbursed with federal-aid funds, grants, or loans, in whole | 23 | | or in part, and the letting of a contract to the best value | 24 | | bidder under this Section would result in the loss of those | 25 | | federal-aid funds, grants, or loans, then the contract shall | 26 | | be let to the lowest responsible bidder in accordance with |
| | | HB4393 Engrossed | - 14 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | this Section. | 2 | | (Source: P.A. 102-15, eff. 6-17-21.)
| 3 | | Section 15. The Downstate Forest Preserve District Act is | 4 | | amended by changing Section 8 as follows:
| 5 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 6 | | (Text of Section before amendment by P.A. 102-460 )
| 7 | | Sec. 8. Powers and duties of corporate authority and | 8 | | officers; contracts; salaries.
| 9 | | (a) The board shall be the corporate authority of such | 10 | | forest
preserve district and shall have power to pass and | 11 | | enforce all necessary
ordinances, rules and regulations for | 12 | | the management of the property and
conduct of the business of | 13 | | such district. The president of such board
shall have power to | 14 | | appoint such employees as may be necessary. In counties
with | 15 | | population of less than 3,000,000, within 60 days after their | 16 | | selection
the commissioners appointed under the provisions of | 17 | | Section 3a of this Act
shall organize by selecting from their | 18 | | members a president, vice president, secretary,
treasurer and | 19 | | such other officers as are deemed necessary who shall hold
| 20 | | office for the fiscal year in which elected and until their | 21 | | successors are
selected and qualify. In the one district in | 22 | | existence on July 1, 1977, that
is managed by an appointed | 23 | | board of commissioners, the incumbent president
and the other | 24 | | officers appointed in the manner as originally prescribed in |
| | | HB4393 Engrossed | - 15 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | this
Act shall hold such offices until the completion of their | 2 | | respective terms or
in the case of the officers other than | 3 | | president until their successors
are appointed by said | 4 | | president, but in all cases not to extend beyond January
1, | 5 | | 1980 and until their successors are selected and qualify. | 6 | | Thereafter,
the officers shall be selected in the manner as | 7 | | prescribed in this Section
except that their first term of | 8 | | office shall not expire until June 30, 1981
and until their | 9 | | successors are selected and qualify.
| 10 | | (a-5) An officer selected pursuant to subsection (a) may | 11 | | be removed, with or without cause, upon a motion adopted by an | 12 | | affirmative vote of four-fifths of the board of the forest | 13 | | preserve district. Upon adoption of a motion to remove an | 14 | | officer: (i) the office becomes vacant and the former | 15 | | officer's compensation shall be prorated to the date the | 16 | | motion was approved; (ii) if the officer removed is the | 17 | | president then the vice president immediately assumes the | 18 | | duties of the president without president compensation and, if | 19 | | the officer removed is the vice president, treasurer, or | 20 | | secretary, then the president shall select an interim | 21 | | appointee who shall serve until the next regularly scheduled | 22 | | forest preserve district board meeting; and (iii) a new | 23 | | officer shall be selected at the next regularly scheduled | 24 | | forest preserve district board meeting. An officer removed | 25 | | under this Section maintains his or her status as a member of | 26 | | the forest preserve district board. |
| | | HB4393 Engrossed | - 16 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | (b) In any county, city, village, incorporated town or
| 2 | | sanitary district where the corporate authorities act as the
| 3 | | governing body of a forest preserve district, the person | 4 | | exercising
the powers of the president of the board shall have | 5 | | power to appoint a
secretary and an assistant secretary and | 6 | | treasurer and an assistant
treasurer and such other officers | 7 | | and such employees as may be necessary.
The assistant | 8 | | secretary and assistant treasurer shall perform the duties
of | 9 | | the secretary and treasurer, respectively in case of death of | 10 | | such officers
or when such officers are unable to perform the | 11 | | duties of their respective
offices. All contracts for | 12 | | supplies, material or
work involving an expenditure in excess | 13 | | of $25,000, or a lower amount if required by board policy, | 14 | | shall be let to the lowest
responsible bidder, after | 15 | | advertising at least once in one or more
newspapers of general | 16 | | circulation within the district, excepting work
requiring | 17 | | personal confidence or necessary
supplies under the control of | 18 | | monopolies, where competitive bidding is
impossible. Contracts | 19 | | for supplies, material or work involving an
expenditure of | 20 | | $25,000, or a lower amount if required by board policy, or less | 21 | | may be let without advertising for bids,
but whenever | 22 | | practicable, at least 3 competitive bids shall be obtained
| 23 | | before letting such contract. All contracts for supplies, | 24 | | material or
work shall be signed by the president of the board | 25 | | of commissioners or
by any such other officer as the board in | 26 | | its discretion may designate.
|
| | | HB4393 Engrossed | - 17 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | (c) The president of any board of commissioners appointed | 2 | | under the
provisions of Section 3a of this Act shall receive a | 3 | | salary not to
exceed the sum of $2500 per annum and the salary | 4 | | of other members of the
board so appointed shall not exceed | 5 | | $1500 per annum. Salaries of the
commissioners, officers and | 6 | | employees shall be fixed by ordinance.
| 7 | | (d) Whenever a forest preserve district owns any personal | 8 | | property that, in the opinion of three-fifths of the members | 9 | | of the board of commissioners, is no longer necessary, useful | 10 | | to, or for the best interests of the forest preserve district, | 11 | | then three-fifths of the members of the board, at any regular | 12 | | meeting or any special meeting called for that purpose by an | 13 | | ordinance or resolution that includes a general description of | 14 | | the personal property, may authorize the conveyance or sale of | 15 | | that personal property in any manner that they may designate, | 16 | | with or without advertising the sale. | 17 | | (Source: P.A. 101-544, eff. 8-23-19.)
| 18 | | (Text of Section after amendment by P.A. 102-460 )
| 19 | | Sec. 8. Powers and duties of corporate authority and | 20 | | officers; contracts; salaries.
| 21 | | (a) The board shall be the corporate authority of such | 22 | | forest
preserve district and shall have power to pass and | 23 | | enforce all necessary
ordinances, rules and regulations for | 24 | | the management of the property and
conduct of the business of | 25 | | such district. The president of such board
shall have power to |
| | | HB4393 Engrossed | - 18 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | appoint such employees as may be necessary. In counties
with | 2 | | population of less than 3,000,000, within 60 days after their | 3 | | selection
the commissioners appointed under the provisions of | 4 | | Section 3a of this Act
shall organize by selecting from their | 5 | | members a president, vice president, secretary,
treasurer and | 6 | | such other officers as are deemed necessary who shall hold
| 7 | | office for the fiscal year in which elected and until their | 8 | | successors are
selected and qualify. In the one district in | 9 | | existence on July 1, 1977, that
is managed by an appointed | 10 | | board of commissioners, the incumbent president
and the other | 11 | | officers appointed in the manner as originally prescribed in | 12 | | this
Act shall hold such offices until the completion of their | 13 | | respective terms or
in the case of the officers other than | 14 | | president until their successors
are appointed by said | 15 | | president, but in all cases not to extend beyond January
1, | 16 | | 1980 and until their successors are selected and qualify. | 17 | | Thereafter,
the officers shall be selected in the manner as | 18 | | prescribed in this Section
except that their first term of | 19 | | office shall not expire until June 30, 1981
and until their | 20 | | successors are selected and qualify.
| 21 | | (a-5) An officer selected pursuant to subsection (a) may | 22 | | be removed, with or without cause, upon a motion adopted by an | 23 | | affirmative vote of four-fifths of the board of the forest | 24 | | preserve district. Upon adoption of a motion to remove an | 25 | | officer: (i) the office becomes vacant and the former | 26 | | officer's compensation shall be prorated to the date the |
| | | HB4393 Engrossed | - 19 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | motion was approved; (ii) if the officer removed is the | 2 | | president then the vice president immediately assumes the | 3 | | duties of the president without president compensation and, if | 4 | | the officer removed is the vice president, treasurer, or | 5 | | secretary, then the president shall select an interim | 6 | | appointee who shall serve until the next regularly scheduled | 7 | | forest preserve district board meeting; and (iii) a new | 8 | | officer shall be selected at the next regularly scheduled | 9 | | forest preserve district board meeting. An officer removed | 10 | | under this Section maintains his or her status as a member of | 11 | | the forest preserve district board. | 12 | | (b) In any county, city, village, incorporated town or
| 13 | | sanitary district where the corporate authorities act as the
| 14 | | governing body of a forest preserve district, the person | 15 | | exercising
the powers of the president of the board shall have | 16 | | power to appoint a
secretary and an assistant secretary and | 17 | | treasurer and an assistant
treasurer and such other officers | 18 | | and such employees as may be necessary.
The assistant | 19 | | secretary and assistant treasurer shall perform the duties
of | 20 | | the secretary and treasurer, respectively in case of death of | 21 | | such officers
or when such officers are unable to perform the | 22 | | duties of their respective
offices. All contracts for | 23 | | supplies, material or
work involving an expenditure in excess | 24 | | of $30,000, or a lower amount if required by board policy, | 25 | | shall be let to the lowest
responsible bidder or the best value | 26 | | bidder , after advertising at least once in one or more
|
| | | HB4393 Engrossed | - 20 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | newspapers of general circulation within the district, | 2 | | excepting work
requiring personal confidence or necessary
| 3 | | supplies under the control of monopolies, where competitive | 4 | | bidding is
impossible, or as otherwise provided in the Forest | 5 | | Preserve District and Conservation District Design-Build | 6 | | Authorization Act. Contracts for supplies, material or work | 7 | | involving an
expenditure of $30,000, or a lower amount if | 8 | | required by board policy, or less may be let without | 9 | | advertising for bids,
but whenever practicable, at least 3 | 10 | | competitive bids shall be obtained
before letting such | 11 | | contract. All contracts for supplies, material or
work shall | 12 | | be signed by the president of the board of commissioners or
by | 13 | | any such other officer as the board in its discretion may | 14 | | designate.
| 15 | | A board that awards a contract to a best value bidder must | 16 | | approve the contract by resolution that states with | 17 | | specificity the reasons why the bidder is the best value | 18 | | bidder. The resolution must include the identity of an officer | 19 | | or director of the bidder who is a family member of a board | 20 | | member, is a person with whom a board member maintains a close | 21 | | economic association, or is a person with whom a board member | 22 | | maintains a close political association. | 23 | | As used in this Section: | 24 | | "Best value" means the result determined by a procurement | 25 | | method that considers price and other criteria reflecting an | 26 | | objective and quantifiable analysis, including consideration |
| | | HB4393 Engrossed | - 21 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | of some or all of the following factors: (1) the quality of the | 2 | | bidder's performance on previous projects; (2) the timeliness | 3 | | of the bidder's performance on previous projects; (3) the | 4 | | level of customer satisfaction with the bidder's performance | 5 | | on previous projects; (4) the bidder's record of performing | 6 | | previous projects on budget and ability to minimize cost | 7 | | overruns; (5) the bidder's ability to minimize change orders; | 8 | | (6) the bidder's ability to prepare appropriate project plans; | 9 | | (7) the bidder's technical capabilities; (8) the individual | 10 | | qualifications of the bidder's key personnel; (9) the bidder's | 11 | | ability to assess and minimize risks; (10) the bidder's | 12 | | ability to meet the goals established by the board for the | 13 | | awarding of contracts to minority-owned businesses, | 14 | | women-owned businesses, and businesses owned by persons with | 15 | | disabilities; and (11) maintenance costs and life span of the | 16 | | project. | 17 | | "Family member" means a board member's spouse, children, | 18 | | step-children, parents, step-parents, siblings, | 19 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 20 | | grandparents, and grandchildren, as well as the parents and | 21 | | grandparents of the board member's spouse and a person living | 22 | | with the board member. | 23 | | "Person with whom a board member maintains a close | 24 | | economic association" means a person associated with the board | 25 | | member in a partnership, association or professional service | 26 | | corporation, whether as partner, officer, employee, associate, |
| | | HB4393 Engrossed | - 22 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | or otherwise. | 2 | | "Person with whom a board member maintains a close | 3 | | political association" means a person who has made a campaign | 4 | | contribution to a political committee supporting a board | 5 | | member or a political committee of which a board member is an | 6 | | officer, is a candidate or is an officer of a political | 7 | | committee that has received a campaign contribution from a | 8 | | board member, or is an officer of a political committee | 9 | | supporting a board member. | 10 | | (c) The president of any board of commissioners appointed | 11 | | under the
provisions of Section 3a of this Act shall receive a | 12 | | salary not to
exceed the sum of $2500 per annum and the salary | 13 | | of other members of the
board so appointed shall not exceed | 14 | | $1500 per annum. Salaries of the
commissioners, officers and | 15 | | employees shall be fixed by ordinance.
| 16 | | (d) Whenever a forest preserve district owns any personal | 17 | | property that, in the opinion of three-fifths of the members | 18 | | of the board of commissioners, is no longer necessary, useful | 19 | | to, or for the best interests of the forest preserve district, | 20 | | then three-fifths of the members of the board, at any regular | 21 | | meeting or any special meeting called for that purpose by an | 22 | | ordinance or resolution that includes a general description of | 23 | | the personal property, may authorize the conveyance or sale of | 24 | | that personal property in any manner that they may designate, | 25 | | with or without advertising the sale. | 26 | | (Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)
|
| | | HB4393 Engrossed | - 23 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | Section 20. The Park District Code is amended by changing | 2 | | Section 8-1 as follows:
| 3 | | (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
| 4 | | Sec. 8-1. General corporate powers.
Every park district | 5 | | shall, from the time of its
organization, be a body corporate | 6 | | and politic by the name set forth
in the petition for its | 7 | | organization, the specific name set forth in this Code, or the | 8 | | name it may adopt under
Section 8-9 and shall have and exercise | 9 | | the following powers:
| 10 | | (a) To adopt a corporate seal and alter the same at | 11 | | pleasure; to sue
and be sued; and to contract in | 12 | | furtherance of any of its corporate purposes.
| 13 | | (b)(1) To acquire by gift, legacy, grant or purchase, | 14 | | or by
condemnation in the manner provided for the exercise | 15 | | of the power of eminent
domain under the Eminent Domain | 16 | | Act, any and all real estate, or
rights therein necessary | 17 | | for building, laying out, extending, adorning
and | 18 | | maintaining any such parks, boulevards and driveways, or | 19 | | for
effecting any of the powers or purposes granted under | 20 | | this Code as its
board may deem proper, whether such lands | 21 | | be located within or without such
district; but no park | 22 | | district, except as provided in paragraph (2) of this
| 23 | | subsection, shall have any power of condemnation in the | 24 | | manner provided for the
exercise of the power of eminent |
| | | HB4393 Engrossed | - 24 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | domain under the Eminent Domain Act or otherwise as to any | 2 | | real
estate, lands, riparian rights or estate, or other | 3 | | property situated outside of
such district, but shall only | 4 | | have power to acquire the same by gift, legacy,
grant or | 5 | | purchase, and such district shall have the same control of | 6 | | and power
over lands so acquired without the district as | 7 | | over parks, boulevards and
driveways within such district.
| 8 | | (2) In addition to the powers granted in paragraph (1) | 9 | | of subsection (b),
a park district located in more than | 10 | | one county, the majority of its territory
located in a | 11 | | county over 450,000 in population and none of its | 12 | | territory
located in a county over 1,000,000 in | 13 | | population, shall have condemnation
power in the manner | 14 | | provided for the exercise of the power of eminent domain
| 15 | | under the Eminent Domain Act
or as otherwise granted by | 16 | | law
as to any and all real estate situated up to one mile | 17 | | outside of such district
which is not within the | 18 | | boundaries of another park district.
| 19 | | (c) To acquire by gift, legacy or purchase any | 20 | | personal property necessary
for its corporate purposes | 21 | | provided that all contracts for supplies, materials
or | 22 | | work involving an expenditure in excess of $25,000, or a | 23 | | lower amount if required by board policy, shall be let to | 24 | | the
lowest responsible bidder or the best value bidder | 25 | | after due advertisement. No district shall be required to | 26 | | accept a bid that does not meet the district's established |
| | | HB4393 Engrossed | - 25 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | specifications, terms of
delivery, quality, and | 2 | | serviceability requirements. Contracts which, by their | 3 | | nature, are not adapted to award by competitive
bidding, | 4 | | such as contracts for the services of individuals
| 5 | | possessing a high degree of professional skill where the | 6 | | ability or
fitness of the individual plays an important | 7 | | part, contracts for the
printing of finance committee | 8 | | reports and departmental reports,
contracts for the | 9 | | printing or engraving of bonds, tax warrants and other
| 10 | | evidences of indebtedness, contracts for utility services | 11 | | such as water,
light, heat, telephone or telegraph, | 12 | | contracts for fuel (such as diesel, gasoline, oil, | 13 | | aviation, or propane), lubricants, or other petroleum | 14 | | products, contracts for the use, purchase,
delivery, | 15 | | movement, or installation of data processing equipment, | 16 | | software, or
services and telecommunications and | 17 | | interconnect equipment, software, or
services, contracts | 18 | | for duplicating machines and supplies, contracts for goods
| 19 | | or services procured from another governmental agency, | 20 | | purchases of equipment
previously owned by some entity | 21 | | other than the district itself, and
contracts for the | 22 | | purchase of magazines, books, periodicals, pamphlets and
| 23 | | reports are not subject to competitive bidding. Contracts | 24 | | for emergency expenditures are also exempt from | 25 | | competitive bidding when the
emergency expenditure is | 26 | | approved by 3/4 of the members of the board.
|
| | | HB4393 Engrossed | - 26 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | All competitive bids for contracts involving an | 2 | | expenditure in excess of $25,000, or a lower amount if | 3 | | required by board policy,
must be sealed by the bidder and | 4 | | must be opened by a member or employee
of the park board at | 5 | | a public bid opening at which the contents of the bids
must | 6 | | be announced. Each bidder must receive at least 3 days | 7 | | notice of the
time and place of the bid opening.
| 8 | | A park district board that awards a contract to a best | 9 | | value bidder must approve the contract by resolution that | 10 | | states with specificity the reasons why the bidder is the | 11 | | best value bidder. The resolution must include the | 12 | | identity of an officer or director of the bidder who is a | 13 | | family member of a board member, is a person with whom a | 14 | | board member maintains a close economic association, or is | 15 | | a person with whom a board member maintains a close | 16 | | political association. | 17 | | For purposes of this subsection : , | 18 | | "Best value" means the result determined by a | 19 | | procurement method that considers price and other criteria | 20 | | reflecting an objective and quantifiable analysis, | 21 | | including consideration of some or all of the following | 22 | | factors: (1) the quality of the bidder's performance on | 23 | | previous projects; (2) the timeliness of the bidder's | 24 | | performance on previous projects; (3) the level of | 25 | | customer satisfaction with the bidder's performance on | 26 | | previous projects; (4) the bidder's record of performing |
| | | HB4393 Engrossed | - 27 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | previous projects on budget and ability to minimize cost | 2 | | overruns; (5) the bidder's ability to minimize change | 3 | | orders; (6) the bidder's ability to prepare appropriate | 4 | | project plans; (7) the bidder's technical capabilities; | 5 | | (8) the individual qualifications of the bidder's key | 6 | | personnel; (9) the bidder's ability to assess and minimize | 7 | | risks; (10) the bidder's ability to meet the goals | 8 | | established by the board for the awarding of contracts to | 9 | | minority-owned businesses, women-owned businesses, and | 10 | | businesses owned by persons with disabilities; and (11) | 11 | | maintenance costs and life span of the project. | 12 | | "Due "due advertisement" includes, but is not
limited | 13 | | to, at least one public notice at least 10 days before the | 14 | | bid date in
a newspaper published in the district or, if no | 15 | | newspaper is published in the
district, in a newspaper of | 16 | | general circulation in the area of the district.
| 17 | | "Family member" means a board member's spouse, | 18 | | children, step-children, parents, step-parents, siblings, | 19 | | step-siblings, half-siblings, sons-in-law, | 20 | | daughters-in-law, grandparents, and grandchildren, as well | 21 | | as the parents and grandparents of the board member's | 22 | | spouse and a person living with the board member. | 23 | | "Person with whom a board member maintains a close | 24 | | economic association" means a person associated with the | 25 | | board member in a partnership, association or professional | 26 | | service corporation, whether as partner, officer, |
| | | HB4393 Engrossed | - 28 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | employee, associate, or otherwise. | 2 | | "Person with whom a board member maintains a close | 3 | | political association" means a person who has made a | 4 | | campaign contribution to a political committee supporting | 5 | | a board member or a political committee of which a board | 6 | | member is an officer, is a candidate or is an officer of a | 7 | | political committee that has received a campaign | 8 | | contribution from a board member, or is an officer of a | 9 | | political committee supporting a board member. | 10 | | (d) To pass all necessary ordinances, rules and | 11 | | regulations for the
proper management and conduct of the | 12 | | business of the board and district
and to establish by | 13 | | ordinance all needful rules and regulations for the
| 14 | | government and protection of parks, boulevards and | 15 | | driveways and other
property under its jurisdiction, and | 16 | | to effect the objects for which
such districts are formed.
| 17 | | (e) To prescribe such fines and penalties for the | 18 | | violation of
ordinances as it shall deem proper not | 19 | | exceeding $1,000 for any
one
offense, which fines and | 20 | | penalties may be recovered by an action in the name
of such | 21 | | district in the circuit court for the county in which such
| 22 | | violation occurred. The park district may also seek in the | 23 | | action, in
addition to or instead of fines and penalties, | 24 | | an order that the offender
be required to make restitution | 25 | | for damage resulting from violations, and
the court shall | 26 | | grant such relief where appropriate. The procedure in
such |
| | | HB4393 Engrossed | - 29 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | actions shall be the same as that provided by law for like | 2 | | actions for the
violation of ordinances in cities | 3 | | organized under the general laws of this
State, and | 4 | | offenders may be imprisoned for non-payment of fines and | 5 | | costs in
the same manner as in such cities. All fines when | 6 | | collected shall be paid into
the treasury of such | 7 | | district.
| 8 | | (f) To manage and control all officers and property of | 9 | | such
districts and to provide for joint ownership with one | 10 | | or more cities,
villages or incorporated towns of real and | 11 | | personal property used for
park purposes by one or more | 12 | | park districts. In case of joint ownership,
the terms of | 13 | | the agreement shall be fair, just and equitable to all
| 14 | | parties and shall be set forth in a written agreement | 15 | | entered into by
the corporate authorities of each | 16 | | participating district, city, village
or incorporated | 17 | | town.
| 18 | | (g) To secure grants and loans, or either, from the | 19 | | United States
Government, or any agency or agencies | 20 | | thereof, for financing the
acquisition or purchase of any | 21 | | and all real estate, or rights therein,
or for effecting | 22 | | any of the powers or purposes granted under this Code
as | 23 | | its Board may deem proper.
| 24 | | (h) To establish fees for the use of facilities and | 25 | | recreational programs of
the districts and to derive | 26 | | revenue from non-resident fees from their
operations. Fees |
| | | HB4393 Engrossed | - 30 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | charged non-residents of such district need not be the | 2 | | same as
fees charged to residents of the district. | 3 | | Charging fees or deriving revenue
from the facilities and | 4 | | recreational programs shall not affect the right to
assert | 5 | | or utilize any defense or immunity, common law or | 6 | | statutory, available
to the districts or their employees.
| 7 | | (i) To make contracts for a term exceeding one year, | 8 | | but not to exceed
3 years, notwithstanding any provision | 9 | | of this Code to the contrary,
relating to: (1) the | 10 | | employment of a park director, superintendent,
| 11 | | administrator, engineer, health officer, land planner, | 12 | | finance director,
attorney, police chief, or other officer | 13 | | who requires technical training or
knowledge; (2) the | 14 | | employment of outside professional consultants such as
| 15 | | engineers, doctors, land planners, auditors, attorneys, or | 16 | | other
professional consultants who require technical | 17 | | training or knowledge; (3)
the provision of data | 18 | | processing equipment and services; and (4) the purchase of | 19 | | energy from a utility or an alternative retail electric | 20 | | supplier. With respect to
any contract made under this | 21 | | subsection (i), the corporate authorities
shall include in | 22 | | the annual appropriation ordinance for each fiscal year an
| 23 | | appropriation of a sum of money sufficient to pay the | 24 | | amount which, by the
terms of the contract, is to become | 25 | | due and payable during that fiscal year.
| 26 | | (j) To enter into licensing or management agreements |
| | | HB4393 Engrossed | - 31 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | with not-for-profit
corporations organized under the laws | 2 | | of this State to operate park district
facilities if the | 3 | | corporation covenants to use the facilities to provide | 4 | | public
park or recreational programs for youth.
| 5 | | (Source: P.A. 101-304, eff. 8-9-19.)
| 6 | | Section 25. The Illinois Local Library Act is amended by | 7 | | changing Section 5-5 as follows:
| 8 | | (75 ILCS 5/5-5) (from Ch. 81, par. 5-5)
| 9 | | Sec. 5-5. When the board determines to commence the | 10 | | construction of the
building or the remodeling, repairing or | 11 | | improving of an existing library
building or the erection of | 12 | | an addition thereto, the purchase of the
necessary equipment | 13 | | for such library, or the acquisition of library
materials such | 14 | | as books, periodicals, recordings and electronic data
storage | 15 | | and retrieval facilities in connection with either the | 16 | | purchase or
construction of a new library building or the | 17 | | expansion of an existing
library building, they may then | 18 | | revise the plan therefor or adopt a new
plan and provide | 19 | | estimates of the costs thereof, and shall, when the cost
is in | 20 | | excess of $25,000, advertise for
bids for the construction of | 21 | | the building, or the remodeling, repairing or
improving of an | 22 | | existing library building or the erection of an addition
| 23 | | thereto, or the purchase of the necessary equipment for such | 24 | | library, or
the acquisition of library materials such as |
| | | HB4393 Engrossed | - 32 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | books, periodicals, recordings
and electronic data storage and | 2 | | retrieval facilities in connection with
either the purchase or | 3 | | construction of a new library building or the
expansion of an | 4 | | existing library building, and shall let the contract or
| 5 | | contracts for the same, when the cost is in excess of $25,000, | 6 | | to the
lowest responsible bidder or bidders or to the best | 7 | | value bidder or bidders . | 8 | | The board shall not be required to accept a bid that does | 9 | | not meet the library's established specifications, terms of | 10 | | delivery, quality, and serviceability requirements. Contracts | 11 | | which, by their nature, are not adapted to award by | 12 | | competitive bidding, are not subject to competitive bidding, | 13 | | including, but not limited to: | 14 | | (1) contracts for the services of individuals | 15 | | possessing a high degree of professional skill where the | 16 | | ability or fitness of the individual plays an important | 17 | | part; | 18 | | (2) contracts for the printing of finance committee | 19 | | reports and departmental reports; | 20 | | (3) contracts for the printing or engraving of bonds, | 21 | | tax warrants and other evidences of indebtedness; | 22 | | (4) contracts for the maintenance or servicing of, or | 23 | | provision of repair parts for, equipment which are made | 24 | | with the manufacturer or authorized service agent of that | 25 | | equipment where the provision of parts, maintenance, or | 26 | | servicing can best be performed by the manufacturer or |
| | | HB4393 Engrossed | - 33 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | authorized service agent; | 2 | | (5) purchases and contracts for the use, purchase, | 3 | | delivery, movement, or installation of data processing | 4 | | equipment, software, or services and telecommunications | 5 | | and interconnect equipment, software, and services; | 6 | | (6) contracts for duplicating machines and supplies; | 7 | | (7) contracts for utility services such as water, | 8 | | light, heat, telephone or telegraph; | 9 | | (8) contracts for goods or services procured from | 10 | | another governmental agency; | 11 | | (9) purchases of equipment previously owned by some | 12 | | entity other than the library itself; and | 13 | | (10) contracts for goods or services which are | 14 | | economically procurable from only one source, such as for | 15 | | the purchase of magazines, books, periodicals, pamphlets, | 16 | | and reports. | 17 | | Contracts for emergency expenditures are also exempt from | 18 | | competitive bidding when the emergency expenditure is approved | 19 | | by 3/4 of the members of the board. | 20 | | The board shall
require from such bidders security for the | 21 | | performance of the bids determined by
the board pursuant to | 22 | | law. The board may let the contract or contracts
to one or more | 23 | | bidders, as they shall determine.
| 24 | | A board that awards a contract to a best value bidder must | 25 | | approve the contract by resolution that states with | 26 | | specificity the reasons why the bidder is the best value |
| | | HB4393 Engrossed | - 34 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | bidder. The resolution must include the identity of an officer | 2 | | or director of the bidder who is a family member of a board | 3 | | member, is a person with whom a board member maintains a close | 4 | | economic association, or is a person with whom a board member | 5 | | maintains a close political association. | 6 | | As used in this Section: | 7 | | "Best value" means the result determined by a procurement | 8 | | method that considers price and other criteria reflecting an | 9 | | objective and quantifiable analysis, including consideration | 10 | | of some or all of the following factors: (1) the quality of the | 11 | | bidder's performance on previous projects; (2) the timeliness | 12 | | of the bidder's performance on previous projects; (3) the | 13 | | level of customer satisfaction with the bidder's performance | 14 | | on previous projects; (4) the bidder's record of performing | 15 | | previous projects on budget and ability to minimize cost | 16 | | overruns; (5) the bidder's ability to minimize change orders; | 17 | | (6) the bidder's ability to prepare appropriate project plans; | 18 | | (7) the bidder's technical capabilities; (8) the individual | 19 | | qualifications of the bidder's key personnel; (9) the bidder's | 20 | | ability to assess and minimize risks; (10) the bidder's | 21 | | ability to meet the goals established by the board for the | 22 | | awarding of contracts to minority-owned businesses, | 23 | | women-owned businesses, and businesses owned by persons with | 24 | | disabilities; and (11) maintenance costs and life span of the | 25 | | project. | 26 | | "Family member" means a board member's spouse, children, |
| | | HB4393 Engrossed | - 35 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | step-children, parents, step-parents, siblings, | 2 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 3 | | grandparents, and grandchildren, as well as the parents and | 4 | | grandparents of the board member's spouse and a person living | 5 | | with the board member. | 6 | | "Person with whom a board member maintains a close | 7 | | economic association" means a person associated with the board | 8 | | member in a partnership, association or professional service | 9 | | corporation, whether as partner, officer, employee, associate, | 10 | | or otherwise. | 11 | | "Person with whom a board member maintains a close | 12 | | political association" means a person who has made a campaign | 13 | | contribution to a political committee supporting a board | 14 | | member or a political committee of which a board member is an | 15 | | officer, is a candidate or is an officer of a political | 16 | | committee that has received a campaign contribution from a | 17 | | board member, or is an officer of a political committee | 18 | | supporting a board member. | 19 | | (Source: P.A. 100-338, eff. 8-25-17.)
| 20 | | Section 30. The Public Library District Act of 1991 is | 21 | | amended by changing Section 40-45 as follows:
| 22 | | (75 ILCS 16/40-45)
| 23 | | Sec. 40-45. Bids for construction, improvements, or | 24 | | equipment purchases.
|
| | | HB4393 Engrossed | - 36 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | (a) When the trustees determine to commence constructing | 2 | | the
building, purchasing a site or a building, remodeling,
| 3 | | repairing, or improving an existing library building, erecting
| 4 | | an addition to an existing library building, or
purchasing the | 5 | | necessary equipment for the
library, they may then revise the | 6 | | plan or adopt a new plan and
provide estimates of the costs of | 7 | | the revised or new plan.
| 8 | | (b) The board shall, when the cost is in
excess of $25,000, | 9 | | advertise for bids for constructing the building,
remodeling, | 10 | | repairing, or improving of an existing library building, | 11 | | erecting
an addition to an existing library building, or | 12 | | purchasing the necessary
equipment for the library and shall | 13 | | let the contract or contracts for the
project, when the cost is | 14 | | in excess of $25,000, to the lowest responsible
bidder or | 15 | | bidders or the best value bidder or bidders . The board shall | 16 | | not be required to accept a bid that does not meet the | 17 | | library's established specifications, terms of delivery, | 18 | | quality, and serviceability requirements. Contracts which, by | 19 | | their nature, are not adapted to award by competitive bidding, | 20 | | are not subject to competitive bidding, including, but not | 21 | | limited to: | 22 | | (1) contracts for the services of individuals | 23 | | possessing a high degree of professional skill where the | 24 | | ability or fitness of the individual plays an important | 25 | | part; | 26 | | (2) contracts for the printing of finance committee |
| | | HB4393 Engrossed | - 37 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | reports and departmental reports; | 2 | | (3) contracts for the printing or engraving of bonds, | 3 | | tax warrants and other evidences of indebtedness; | 4 | | (4) contracts for the maintenance or servicing of, or | 5 | | provision of repair parts for, equipment which are made | 6 | | with the manufacturer or authorized service agent of that | 7 | | equipment where the provision of parts, maintenance, or | 8 | | servicing can best be performed by the manufacturer or | 9 | | authorized service agent; | 10 | | (5) purchases and contracts for the use, purchase, | 11 | | delivery, movement, or installation of data processing | 12 | | equipment, software, or services and telecommunications | 13 | | and interconnect equipment, software, and services; | 14 | | (6) contracts for duplicating machines and supplies; | 15 | | (7) contracts for utility services such as water, | 16 | | light, heat, telephone or telegraph; | 17 | | (8) contracts for goods or services procured from | 18 | | another governmental agency; | 19 | | (9) purchases of equipment previously owned by some | 20 | | entity other than the library itself; and | 21 | | (10) contracts for goods or services which are | 22 | | economically procurable from only one source, such as for | 23 | | the purchase of magazines, books, periodicals, pamphlets, | 24 | | and reports. | 25 | | Contracts for emergency expenditures are also exempt from | 26 | | competitive bidding when the emergency expenditure is approved |
| | | HB4393 Engrossed | - 38 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | by 3/4 of the members of the board. | 2 | | The board shall require from the bidders security for
the | 3 | | performance of the bids determined by the board pursuant to | 4 | | law.
The trustees may let the contract or contracts to one or | 5 | | more bidders as
they determine.
| 6 | | A board that awards a contract to a best value bidder must | 7 | | approve the contract by resolution that states with | 8 | | 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 |
| | | HB4393 Engrossed | - 39 - | LRB102 23518 AWJ 32700 b |
|
| 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 board for the | 4 | | 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. |
| | | HB4393 Engrossed | - 40 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | (Source: P.A. 100-338, eff. 8-25-17.)
| 2 | | Section 35. The School Code is amended by changing Section | 3 | | 10-20.21 as follows:
| 4 | | (105 ILCS 5/10-20.21)
| 5 | | Sec. 10-20.21. Contracts.
| 6 | | (a)
To award all contracts for
purchase of supplies and | 7 | | materials or work involving an expenditure in excess of | 8 | | $25,000 or a lower amount as required by board policy
to the | 9 | | lowest responsible bidder or the best value bidder , | 10 | | considering conformity with
specifications, terms of delivery, | 11 | | quality and serviceability, after due
advertisement, except | 12 | | the following: (i) contracts for the services of
individuals | 13 | | possessing a high degree of professional skill where the
| 14 | | ability or fitness of the individual plays an important part; | 15 | | (ii)
contracts for the printing of finance committee reports | 16 | | and departmental
reports; (iii) contracts for the printing or | 17 | | engraving of bonds, tax
warrants and other evidences of | 18 | | indebtedness; (iv) contracts for the
purchase of perishable | 19 | | foods and perishable beverages; (v) contracts for
materials | 20 | | and work which have been awarded to the lowest responsible | 21 | | bidder or the best value bidder
after due advertisement, but | 22 | | due to unforeseen revisions, not the fault of
the contractor | 23 | | for materials and work, must be revised causing expenditures
| 24 | | not in excess of 10% of the contract price; (vi)
contracts for |
| | | HB4393 Engrossed | - 41 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | the maintenance or servicing of, or provision of
repair parts | 2 | | for, equipment which are made with the manufacturer or
| 3 | | authorized service agent of that equipment where the provision | 4 | | of parts,
maintenance, or servicing can best be performed by | 5 | | the manufacturer or
authorized service agent; (vii) purchases | 6 | | and contracts for the use,
purchase, delivery, movement, or | 7 | | installation of data processing equipment,
software, or | 8 | | services and telecommunications and interconnect
equipment, | 9 | | software, and services; (viii) contracts for duplicating
| 10 | | machines and supplies; (ix) contracts for the purchase of | 11 | | fuel, including diesel, gasoline, oil, aviation, natural gas, | 12 | | or propane, lubricants, or other petroleum products; (x) | 13 | | purchases of
equipment previously owned by some entity other | 14 | | than the district
itself; (xi) contracts for repair, | 15 | | maintenance, remodeling, renovation, or
construction, or a | 16 | | single project involving an expenditure not to exceed
$50,000 | 17 | | and not involving a change or increase in the size, type, or | 18 | | extent
of an existing facility; (xii) contracts for goods or | 19 | | services procured
from another governmental agency; (xiii) | 20 | | contracts for goods or services
which are economically | 21 | | procurable from only one source, such as for the
purchase of | 22 | | magazines, books, periodicals, pamphlets and reports, and for
| 23 | | utility services such as water, light, heat, telephone or | 24 | | telegraph;
(xiv) where funds are expended in an emergency and | 25 | | such emergency
expenditure is approved by 3/4 of the members | 26 | | of the board; (xv) State master contracts authorized under |
| | | HB4393 Engrossed | - 42 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | Article 28A of this Code; and (xvi) contracts providing for | 2 | | the transportation of pupils, which contracts must be | 3 | | advertised in the same manner as competitive bids and awarded | 4 | | by first considering the bidder or bidders most able to | 5 | | provide safety and comfort for the pupils, stability of | 6 | | service, and any other factors set forth in the request for | 7 | | proposal regarding quality of service, and then price. | 8 | | However, at no time shall a cause of action lie against a | 9 | | school board for awarding a pupil transportation contract per | 10 | | the standards set forth in this subsection (a) unless the | 11 | | cause of action is based on fraudulent conduct. | 12 | | A school board that awards a contract to a best value | 13 | | bidder must approve the contract by resolution that states | 14 | | with specificity the reasons why the bidder is the best value | 15 | | bidder. The resolution must include the identity of an officer | 16 | | or director of the bidder who is a family member of a board | 17 | | member, is a person with whom a board member maintains a close | 18 | | economic association, or is a person with whom a board member | 19 | | maintains a close political association. | 20 | | Notwithstanding a provision of this Section to the | 21 | | contrary, a school board that awards a competitively bid | 22 | | contract in excess of $25,000 to a third party for | 23 | | non-instructional services currently performed by a employee | 24 | | or bargaining unit member may only award such a contract to the | 25 | | lowest responsible bidder. | 26 | | As used in this Section: |
| | | HB4393 Engrossed | - 43 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | "Best value" means the result determined by a procurement | 2 | | method that considers price and other criteria reflecting an | 3 | | objective and quantifiable analysis, including consideration | 4 | | of some or all of the following factors: (1) the quality of the | 5 | | bidder's performance on previous projects; (2) the timeliness | 6 | | of the bidder's performance on previous projects; (3) the | 7 | | level of customer satisfaction with the bidder's performance | 8 | | on previous projects; (4) the bidder's record of performing | 9 | | previous projects on budget and ability to minimize cost | 10 | | overruns; (5) the bidder's ability to minimize change orders; | 11 | | (6) the bidder's ability to prepare appropriate project plans; | 12 | | (7) the bidder's technical capabilities; (8) the individual | 13 | | qualifications of the bidder's key personnel; (9) the bidder's | 14 | | ability to assess and minimize risks; (10) the bidder's | 15 | | ability to meet the goals established by the school board for | 16 | | the awarding of contracts to minority-owned businesses, | 17 | | women-owned businesses, and businesses owned by persons with | 18 | | disabilities; and (11) maintenance costs and life span of the | 19 | | project. | 20 | | "Family member" means a board member's spouse, children, | 21 | | step-children, parents, step-parents, siblings, | 22 | | step-siblings, half-siblings, sons-in-law, daughters-in-law, | 23 | | grandparents, and grandchildren, as well as the parents and | 24 | | grandparents of the board member's spouse and a person living | 25 | | with the board member. | 26 | | "Person with whom a board member maintains a close |
| | | HB4393 Engrossed | - 44 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | economic association" means a person associated with the board | 2 | | member in a partnership, association or professional service | 3 | | corporation, whether as partner, officer, employee, associate, | 4 | | or otherwise. | 5 | | "Person with whom a board member maintains a close | 6 | | political association" means a person who has made a campaign | 7 | | contribution to a political committee supporting a board | 8 | | member or a political committee of which a board member is an | 9 | | officer, is a candidate or is an officer of a political | 10 | | committee that has received a campaign contribution from a | 11 | | board member, or is an officer of a political committee | 12 | | supporting a board member. | 13 | | All competitive
bids for contracts involving an | 14 | | expenditure in excess of $25,000 or a lower amount as required | 15 | | by board policy must be
sealed by the bidder and must be opened | 16 | | by a member or employee of the
school board at a public bid | 17 | | opening at which the contents of the bids
must be announced. | 18 | | Each bidder must receive at least 3 days' notice of the
time | 19 | | and place of the bid opening. For purposes of this Section due
| 20 | | advertisement includes, but is not limited to, at least one | 21 | | public notice
at least 10 days before the bid date in a | 22 | | newspaper published in the
district, or if no newspaper is | 23 | | published in the district, in a newspaper
of general | 24 | | circulation in the area of the district. State master | 25 | | contracts and certified education purchasing contracts, as | 26 | | defined in Article 28A of this Code, are not subject to the |
| | | HB4393 Engrossed | - 45 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | requirements of this paragraph.
| 2 | | Under this Section, the acceptance of bids sealed by a | 3 | | bidder and the opening of these bids at a public bid opening | 4 | | may be permitted by an electronic process for communicating, | 5 | | accepting, and opening competitive bids. An electronic bidding | 6 | | process must provide for, but is not limited to, the following | 7 | | safeguards: | 8 | | (1) On the date and time certain of a bid opening, the | 9 | | primary person conducting the competitive, sealed, | 10 | | electronic bid process shall log onto a specified database | 11 | | using a unique username and password previously assigned | 12 | | to the bidder to allow access to the bidder's specific bid | 13 | | project number. | 14 | | (2) The specified electronic database must be on a | 15 | | network that (i) is in a secure environment behind a | 16 | | firewall; (ii) has specific encryption tools; (iii) | 17 | | maintains specific intrusion detection systems; (iv) has | 18 | | redundant systems architecture with data storage back-up, | 19 | | whether by compact disc or tape; and (v) maintains a | 20 | | disaster recovery plan.
| 21 | | It is the legislative intent of Public Act 96-841 to maintain | 22 | | the integrity of the sealed bidding process provided for in | 23 | | this Section, to further limit any possibility of bid-rigging, | 24 | | to reduce administrative costs to school districts, and to | 25 | | effect efficiencies in communications with bidders. | 26 | | (b) To require, as a condition of any contract for goods |
| | | HB4393 Engrossed | - 46 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | and services,
that persons
bidding for and awarded a contract | 2 | | and all affiliates of the person collect and
remit
Illinois | 3 | | Use Tax on all sales of tangible personal property into the | 4 | | State of
Illinois in
accordance with the provisions of the | 5 | | Illinois Use Tax Act regardless of whether
the
person or | 6 | | affiliate is a "retailer maintaining a place of business | 7 | | within this
State" as
defined in Section 2 of the Use Tax Act. | 8 | | For purposes of this Section, the term
"affiliate"
means any | 9 | | entity that (1) directly, indirectly, or constructively | 10 | | controls
another entity, (2)
is directly, indirectly, or | 11 | | constructively controlled by another entity, or (3)
is subject | 12 | | to
the control of a common entity. For purposes of this | 13 | | subsection (b), an entity
controls
another entity if it owns, | 14 | | directly or individually, more than 10% of the
voting
| 15 | | securities
of that entity. As used in this subsection (b), the | 16 | | term "voting security"
means a security
that (1) confers upon | 17 | | the holder the right to vote for the election of members
of the | 18 | | board
of directors or similar governing body of the business | 19 | | or (2) is convertible
into, or entitles
the holder to receive | 20 | | upon its exercise, a security that confers such a right
to
| 21 | | vote. A
general partnership interest is a voting security.
| 22 | | To require that bids and contracts include a certification | 23 | | by the bidder
or
contractor that the bidder or contractor is | 24 | | not barred from bidding for or
entering into a
contract under | 25 | | this Section and that the bidder or contractor acknowledges | 26 | | that
the school
board may declare the contract void if the |
| | | HB4393 Engrossed | - 47 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | certification completed pursuant to
this
subsection (b) is | 2 | | false.
| 3 | | (b-5) To require all contracts and agreements that pertain | 4 | | to goods and services and that are intended to generate | 5 | | additional revenue and other remunerations for the school | 6 | | district in excess of $1,000, including without limitation | 7 | | vending machine contracts, sports and other attire, class | 8 | | rings, and photographic services, to be approved by the school | 9 | | board. The school board shall file as an attachment to its | 10 | | annual budget a report, in a form as determined by the State | 11 | | Board of Education, indicating for the prior year the name of | 12 | | the vendor, the product or service provided, and the actual | 13 | | net revenue and non-monetary remuneration from each of the | 14 | | contracts or agreements. In addition, the report shall | 15 | | indicate for what purpose the revenue was used and how and to | 16 | | whom the non-monetary remuneration was distributed.
| 17 | | (b-10) To prohibit any contract to purchase food with a | 18 | | bidder or offeror if the bidder's or offeror's contract terms | 19 | | prohibit the school from donating food to food banks, | 20 | | including, but not limited to, homeless shelters, food | 21 | | pantries, and soup kitchens. | 22 | | (c) If the State education purchasing entity creates a | 23 | | master contract as defined in Article 28A of this Code, then | 24 | | the State education purchasing entity shall notify school | 25 | | districts of the existence of the master contract. | 26 | | (d) In purchasing supplies, materials, equipment, or |
| | | HB4393 Engrossed | - 48 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | services that are not subject to subsection (c) of this | 2 | | Section, before a school district solicits bids or awards a | 3 | | contract, the district may review and consider as a bid under | 4 | | subsection (a) of this Section certified education purchasing | 5 | | contracts that are already available through the State | 6 | | education purchasing entity. | 7 | | (Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)
| 8 | | Section 40. The Public Community College Act is amended by | 9 | | changing Section 3-27.1 as follows:
| 10 | | (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
| 11 | | Sec. 3-27.1. Contracts. To award all contracts for | 12 | | purchase of
supplies, materials or work involving an | 13 | | expenditure in excess of $25,000 or a lower amount as required | 14 | | by board policy to
the lowest responsible bidder or the best | 15 | | value bidder considering conformity with specifications,
terms | 16 | | of delivery, quality, and serviceability; after due | 17 | | advertisement,
except the following: (a) contracts for the | 18 | | services of individuals
possessing a high degree of | 19 | | professional skill where the ability or fitness
of the | 20 | | individual plays an important part; (b) contracts for
the | 21 | | printing of finance committee reports and departmental | 22 | | reports; (c)
contracts for the printing or engraving of bonds, | 23 | | tax warrants and other
evidences of indebtedness; (d) | 24 | | contracts for materials and work which
have been awarded to |
| | | HB4393 Engrossed | - 49 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | the lowest responsible bidder or the best value bidder after | 2 | | due advertisement,
but due to unforeseen revisions, not the | 3 | | fault of the contractor for
materials and work, must be | 4 | | revised causing expenditures not in excess of
10% of the | 5 | | contract price; (e) contracts for the maintenance or servicing
| 6 | | of, or provision of repair parts for, equipment which are made | 7 | | with the
manufacturer or authorized service agent of that | 8 | | equipment where the
provision of parts, maintenance, or | 9 | | servicing can best be performed by the
manufacturer or | 10 | | authorized service agent; (f) purchases and contracts for
the | 11 | | use, purchase, delivery, movement, or installation of data | 12 | | processing
equipment, software, or services and | 13 | | telecommunications and inter-connect
equipment, software, and | 14 | | services; (g) contracts for duplicating machines
and supplies; | 15 | | (h) contracts for the purchase of natural gas when the cost
is | 16 | | less than that offered by a public utility; (i) purchases of | 17 | | equipment
previously owned by some entity other than the | 18 | | district itself; (j)
contracts for repair, maintenance, | 19 | | remodeling, renovation, or construction,
or a single project | 20 | | involving an expenditure not to exceed $50,000 and not
| 21 | | involving a change or increase in the size, type, or extent of | 22 | | an existing
facility; (k) contracts for goods or services | 23 | | procured from another
governmental agency; (l) contracts for | 24 | | goods or services which are economically
procurable from only | 25 | | one source, such as for the purchase of magazines,
books, | 26 | | periodicals, pamphlets and reports, and for utility services |
| | | HB4393 Engrossed | - 50 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | such
as water, light, heat, telephone or telegraph; (m) where | 2 | | funds are
expended in an emergency and such emergency | 3 | | expenditure is approved by 3/4
of the members of the board; and | 4 | | (n) contracts for the purchase of perishable foods and | 5 | | perishable beverages.
| 6 | | A board that awards a contract to a best value bidder must | 7 | | approve the contract by resolution that states with | 8 | | 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 |
| | | HB4393 Engrossed | - 51 - | LRB102 23518 AWJ 32700 b |
|
| 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 board for the | 4 | | 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. |
| | | HB4393 Engrossed | - 52 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | All competitive bids for contracts involving an | 2 | | expenditure in excess of
$25,000 or a lower amount as required | 3 | | by board policy must be sealed by the bidder and must be opened | 4 | | by a member or
employee of the board at a public bid opening at | 5 | | which the contents of the
bids must be announced. Each bidder | 6 | | must receive at least 3 days' notice of
the time and place of | 7 | | such bid opening. For purposes of this Section due
| 8 | | advertisement includes, but is not limited to, at least one | 9 | | public notice
at least 10 days before the bid date in a | 10 | | newspaper published in the
district, or if no newspaper is | 11 | | published in the district, in a newspaper
of general | 12 | | circulation in the area of the district. Electronic bid | 13 | | submissions shall be considered a sealed document for | 14 | | competitive bid requests if they are received at the | 15 | | designated office by the time and date set for receipt for | 16 | | bids. However, bids for construction purposes are prohibited | 17 | | from being submitted electronically. Electronic bid | 18 | | submissions must be authorized by specific language in the bid | 19 | | documents in order to be considered and must be opened in | 20 | | accordance with electronic security measures in effect at the | 21 | | community college at the time of opening. Unless the | 22 | | electronic submission procedures provide for a secure receipt, | 23 | | the vendor assumes the risk of premature disclosure due to | 24 | | submission in an unsealed form.
| 25 | | The provisions of this Section do not apply to guaranteed | 26 | | energy savings
contracts entered into under Article V-A. The |
| | | HB4393 Engrossed | - 53 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | provisions of this Section do not prevent a community college | 2 | | from complying with the terms and conditions of a grant, gift, | 3 | | or bequest that calls for the procurement of a particular good | 4 | | or service, provided that the grant, gift, or bequest provides | 5 | | all funding for the contract, complies with all applicable | 6 | | laws, and does not interfere with or otherwise impair any | 7 | | collective bargaining agreements the community college may | 8 | | have with labor organizations.
| 9 | | (Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
| 10 | | Section 45. The Illinois Highway Code is amended by | 11 | | changing Section 6-201.7 as follows:
| 12 | | (605 ILCS 5/6-201.7) (from Ch. 121, par. 6-201.7)
| 13 | | Sec. 6-201.7. Construct, maintain and repair and be | 14 | | responsible for
the construction, maintenance and repair of | 15 | | roads within the district,
let contracts, employ labor and | 16 | | purchase material and machinery
therefor, subject to the | 17 | | limitations provided in this Code.
Contracts,
labor, | 18 | | machinery, disposal, and incidental expenses related to | 19 | | special services
under Section 6-201.21 of this Code | 20 | | constitute maintenance, for purposes of
this Section.
| 21 | | Except for professional services, when the cost of | 22 | | construction,
materials, supplies, new machinery or equipment | 23 | | exceeds
$20,000, the
contract for such construction, | 24 | | materials, supplies, machinery or
equipment shall be let to
|
| | | HB4393 Engrossed | - 54 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | the lowest responsible bidder or the best value bidder after | 2 | | advertising for bids at least once,
and at least 10 days prior | 3 | | to the time set for the opening of such bids, in a
newspaper
| 4 | | published within the township or road district, or, if no | 5 | | newspaper is
published within the township or road district | 6 | | then in one published
within the county, or, if no newspaper is | 7 | | published within the county
then in a newspaper having general | 8 | | circulation within the township or
road district, but, in case | 9 | | of an emergency, such contract may be let
without advertising | 10 | | for bids. For purposes of this
Section "new machinery or | 11 | | equipment" shall be defined as that which has
been previously | 12 | | untitled or that which shows fewer than 200 hours on its
| 13 | | operating clock and that is accompanied by a new equipment | 14 | | manufacturer's
warranty.
| 15 | | A highway commissioner 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 best | 18 | | value bidder. The resolution must include the identity of an | 19 | | officer or director of the bidder who is a family member of the | 20 | | commissioner, is a person with whom the commissioner maintains | 21 | | a close economic association, or is a person with whom the | 22 | | commissioner maintains a close political association. | 23 | | If a road district is eligible to be paid from or | 24 | | reimbursed with federal-aid funds, grants, or loans, in whole | 25 | | or in part, and the letting of a contract to the best value | 26 | | bidder under this Section would result in the loss of those |
| | | HB4393 Engrossed | - 55 - | LRB102 23518 AWJ 32700 b |
|
| 1 | | federal-aid funds, grants, or loans, then the contract shall | 2 | | be let to the lowest responsible bidder in accordance with | 3 | | this Section. | 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, |
| | | HB4393 Engrossed | - 56 - | LRB102 23518 AWJ 32700 b |
|
| 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 | | (Source: P.A. 93-109, eff. 7-8-03; 93-164, eff. 7-10-03; | 18 | | 93-610, eff. 11-18-03; 94-435, eff. 8-2-05.)
| 19 | | Section 95. No acceleration or delay. Where this Act makes | 20 | | changes in a statute that is represented in this Act by text | 21 | | that is not yet or no longer in effect (for example, a Section | 22 | | represented by multiple versions), the use of that text does | 23 | | not accelerate or delay the taking effect of (i) the changes | 24 | | made by this Act or (ii) provisions derived from any other | 25 | | Public Act.
|
|