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90_SB0960
65 ILCS 5/8-10-3 from Ch. 24, par. 8-10-3
65 ILCS 5/8-10-5 from Ch. 24, par. 8-10-5
65 ILCS 5/8-10-6 from Ch. 24, par. 8-10-6
65 ILCS 5/8-10-7 from Ch. 24, par. 8-10-7
65 ILCS 5/8-10-8.5
65 ILCS 5/8-10-10 from Ch. 24, par. 8-10-10
65 ILCS 5/8-10-13 from Ch. 24, par. 8-10-13
Amends the Municipal Code to provide that purchases over
$25,000 (now $10,000) shall be made by free and open
competitive bidding. Increases to $100,000 (now $40,000) the
amount of emergency purchases for supplies, materials, work,
or equipment (now supplies, materials, or equipment) that may
be made without competitive bidding. Effective immediately.
LRB9003022PTcw
LRB9003022PTcw
1 AN ACT to amend the Illinois Municipal Code by changing
2 Sections 8-10-3, 8-10-5, 8-10-6, 8-10-7, 8-10-8.5, 8-10-10,
3 and 8-10-13.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 5. The Illinois Municipal Code is amended by
7 changing Sections 8-10-3, 8-10-5, 8-10-6, 8-10-7, 8-10-8.5,
8 8-10-10, and 8-10-13 as follows:
9 (65 ILCS 5/8-10-3) (from Ch. 24, par. 8-10-3)
10 Sec. 8-10-3. Except as otherwise herein provided, all
11 purchase orders or contracts of whatever nature, for labor,
12 services or work, the purchase, lease, or sale of personal
13 property, materials, equipment or supplies, involving amounts
14 in excess of $25,000 $10,000, made by or on behalf of any
15 such municipality, shall be let by free and open competitive
16 bidding after advertisement, to the lowest responsible
17 bidder, or, in the appropriate instance, to the highest
18 responsible bidder, depending upon whether the such
19 municipality is to expend or to receive money. All such
20 purchase orders or contracts, as defined above, that which
21 shall involve amounts of $25,000 $10,000, or less, shall be
22 let in the manner described above whenever practicable,
23 except that these such purchase orders or contracts may be
24 let in the open market in a manner calculated to insure the
25 best interests of the public, after solicitation of bids by
26 mail, telephone, or otherwise. The provisions of this Section
27 are subject to any contrary provision contained in the
28 Illinois Mined Coal Act "An Act concerning the use of
29 Illinois mined coal in certain plants and institutions",
30 filed July 13, 1937, as heretofore and hereafter amended.
31 (Source: P.A. 81-1376.)
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1 (65 ILCS 5/8-10-5) (from Ch. 24, par. 8-10-5)
2 Sec. 8-10-5. In the case of an emergency affecting the
3 public health or safety, so declared by the corporate
4 authorities of the municipality at a meeting thereof duly
5 convened, which declaration shall require the affirmative
6 vote of a majority of all the members thereof and shall set
7 forth the nature of the danger to the public health or
8 safety, contracts may be let to the extent necessary to
9 resolve the such emergency without public advertisement. The
10 resolution or ordinance in which the such declaration is
11 embodied shall fix the date upon which the such emergency
12 shall terminate. The, which date may be extended or abridged
13 by the corporate authorities as in their judgment the
14 circumstances require.
15 The purchasing agent hereinafter provided for, may
16 purchase or may authorize in writing any agency of a such
17 municipal government or of the institutions, boards or
18 commissions thereof, if any, to purchase in the open market
19 without filing a requisition or estimate therefor, and
20 without advertisement, any supplies, materials, work, or
21 equipment, for immediate delivery to meet bona fide operating
22 emergencies where the amount thereof is not in excess of
23 $100,000 $40,000. A full written account of any such
24 emergency together with a requisition for the materials,
25 supplies, work, or equipment required for the emergency
26 therefor shall be submitted immediately to the purchasing
27 agent and shall be open to public inspection for a period of
28 at least one year subsequent to the date of the such
29 emergency purchase. The exercise of the authority in this
30 Section herein vested in the purchasing agent in respect to
31 purchases for such bona fide operating emergencies shall not
32 be dependent upon a declaration of emergency by the corporate
33 authorities under the first paragraph of this Section.
34 (Source: P.A. 81-1376.)
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1 (65 ILCS 5/8-10-6) (from Ch. 24, par. 8-10-6)
2 Sec. 8-10-6. The responsible head of each major
3 department, office, institution, board, commission, agency,
4 or instrumentality of the such municipal government shall
5 certify in writing to the purchasing agent the names of the
6 such officers or employees who shall be exclusively
7 authorized to sign requests for purchase for the such
8 respective department, office, institution, board,
9 commission, agency, or instrumentality, and all requests for
10 purchase shall be void unless executed by the such certified
11 officers or employees and approved by the purchasing agent.
12 Except as to emergency contracts authorized by Section
13 8-10-5, no undertaking involving amounts in excess of $25,000
14 $10,000 shall be split into parts, by the requisitioning
15 agent or otherwise, so as to produce amounts of $25,000
16 $10,000 or less, for the purpose of avoiding the provisions
17 of this Division 10.
18 The term "responsible head" as used herein shall, in the
19 case of the corporate authorities of the municipality, be the
20 such member, members, or committee thereof as shall be
21 designated by appropriate resolution or order adopted by the
22 such corporate authorities.
23 (Source: P.A. 81-1376.)
24 (65 ILCS 5/8-10-7) (from Ch. 24, par. 8-10-7)
25 Sec. 8-10-7. All proposals to award purchase orders or
26 contracts involving amounts in excess of $25,000 $10,000
27 shall be published at least 10 days, excluding Sundays and
28 legal holidays, in advance of the date announced for the
29 receiving of bids, in a secular English language daily
30 newspaper of general circulation throughout the such
31 municipality and shall simultaneously be posted on readily
32 accessible bulletin boards in the office of the purchasing
33 agent. Nothing contained in this section shall be construed
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1 to prohibit the purchasing agent from placing additional
2 announcements in recognized trade journals. Advertisements
3 for bids shall describe the character of the proposed
4 contract or agreement in sufficient detail to enable the
5 bidders thereon to know what their obligations will be,
6 either in the advertisement itself, or by reference to
7 detailed plans and specifications on file at the time of the
8 publication of the first announcement. The Such advertisement
9 shall also state the date, time and place assigned for the
10 opening of bids, and no bids shall be received at any time
11 subsequent to the time indicated in the announcement.
12 However, an extension of time may be granted for the opening
13 of such bids upon publication in a secular English newspaper
14 of general circulation throughout the such municipality of
15 the date to which the bid opening has been extended. The time
16 of the bid extension opening shall not be less than 5 days
17 after its the publication thereof, Sundays and legal holidays
18 excluded.
19 Cash, cashier's check, a certified check, a comptroller's
20 certificate of moneys owed the particular vendor, or a bid
21 bond with adequate surety approved by the purchasing agent as
22 a deposit of good faith, in a reasonable amount, but not in
23 excess of 10% of the contract amount may be required of each
24 bidder by the purchasing agent on all bids involving amounts
25 in excess of $25,000 $10,000 and, if so required, the
26 advertisement for bids shall so specify.
27 (Source: P.A. 84-1269.)
28 (65 ILCS 5/8-10-8.5)
29 Sec. 8-10-8.5. Disclosure. Each person submitting a bid
30 or proposal in relation to any contract in excess of $25,000
31 $10,000 under this Division 10, including contracts exempt
32 from competitive bidding under Section 8-10-4 or 8-10-5, must
33 disclose in his or her application the name of each
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1 individual having a beneficial interest of more than 7 1/2%
2 in the enterprise and, if the person wishing to submit a bid
3 or proposal is a corporation, the names of all its officers
4 and directors. The person shall notify the municipality of
5 any changes in its ownership or officers at the time such
6 changes occur. In the case of emergency contracts under
7 Section 8-10-5, disclosure under this Section shall be made
8 within 14 days after the contract.
9 (Source: P.A. 89-405, eff. 11-8-95.)
10 (65 ILCS 5/8-10-10) (from Ch. 24, par. 8-10-10)
11 Sec. 8-10-10. The award of any contract involving amounts
12 in excess of $25,000 $10,000 shall be made by the purchasing
13 agent to the lowest or highest responsible bidder as provided
14 in Section 8-10-3. Every contract involving amounts in excess
15 of $25,000 $10,000 shall be signed by the mayor or his duly
16 designated agent, by the comptroller and by the purchasing
17 agent, respectively, of the such municipality. Each bid, with
18 the name of the bidder, shall be entered on a record that,
19 which record with the name of the successful bidder indicated
20 thereon, shall, after award of contract, be open to public
21 inspection in the office of the purchasing agent of the such
22 municipality.
23 All purchase orders or contracts involving amounts of
24 $25,000 $10,000 or less shall be awarded by the purchasing
25 agent to the lowest or highest responsible bidder as provided
26 in Section 8-10-3 and shall be signed by the purchasing agent
27 and by the comptroller.
28 An official copy of each awarded purchase order or
29 contract together with all necessary attachments thereto,
30 including assignments and written consents thereto of the
31 purchasing agent as authorized by Section 8-10-14, shall be
32 retained by the purchasing agent in an appropriate file open
33 to the public for a such period of time after termination of
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1 contract during which action against the municipality might
2 ensue under applicable laws of limitation. After that such
3 period the such purchase orders, contracts, and attachments
4 may be destroyed by direction of the purchasing agent.
5 (Source: P.A. 81-1376.)
6 (65 ILCS 5/8-10-13) (from Ch. 24, par. 8-10-13)
7 Sec. 8-10-13. Bond, with sufficient sureties, in an such
8 amount as shall be deemed adequate, not only to insure
9 performance of contract in the time and manner prescribed in
10 the contract, but also to save, indemnify, and keep harmless
11 the municipality against all loss, damages, claims,
12 liabilities, judgments, costs, and expenses that which may in
13 any way anywise accrue against the municipality in
14 consequence of the granting of the contract, or that which
15 may in any way anywise result from the contract therefrom,
16 may be required of each bidder upon contracts involving
17 amounts in excess of $25,000 $10,000 when, in the opinion of
18 the purchasing agent, the public interests will be served
19 thereby.
20 (Source: P.A. 81-1376.)
21 Section 99. Effective date. This Act takes effect upon
22 becoming law.