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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 suchmunicipality, 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 such19 municipality is to expend or to receive money. All such20 purchase orders or contracts, as defined above, that which21 shallinvolve amounts of $25,000 $10,000,or less ,shall be 22 let in the manner described above whenever practicable, 23 except that these suchpurchase 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 of29 Illinois mined coal in certain plants and institutions",30 filed July 13, 1937, as heretofore and hereafter amended. 31 (Source: P.A. 81-1376.) -2- LRB9003022PTcw 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 thereofduly 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 suchemergency without public advertisement. The 10 resolution or ordinance in which the suchdeclaration is 11 embodied shall fix the date upon which the suchemergency 12 shall terminate. The , whichdate 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 such17 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 thereofis not in excess of 23 $100,000 $40,000. A full written account of any such24 emergency together with a requisition for the materials, 25 supplies, work, or equipment required for the emergency 26 thereforshall 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 such29 emergency purchase. The exercise of the authority in this 30 Section hereinvested in the purchasing agent in respect to 31 purchases for suchbona 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.) -3- LRB9003022PTcw 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 suchmunicipal government shall 5 certify in writing to the purchasing agent the names of the 6 suchofficers or employees who shall be exclusively 7 authorized to sign requests for purchase for the such8 respective department, office, institution, board, 9 commission, agency, or instrumentality, and all requests for 10 purchase shall be void unless executed by the suchcertified 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 $10,000shall be split into parts, by the requisitioning 15 agent or otherwise, so as to produce amounts of $25,000 16 $10,000or 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 suchmember, members, or committee thereof as shall be 21 designated by appropriate resolution or order adopted by the 22 suchcorporate 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 $10,00027 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 such31 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 -4- LRB9003022PTcw 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 thereonto 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 Suchadvertisement 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 suchbids upon publication in a secular English newspaper 14 of general circulation throughout the suchmunicipality 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 thepublication 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 $10,000and, 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 $10,000under 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 -5- LRB9003022PTcw 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 $10,000shall 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 $10,000shall be signed by the mayor or his duly 16 designated agent, by the comptroller and by the purchasing 17 agent, respectively, of the suchmunicipality. Each bid, with 18 the name of the bidder, shall be entered on a record that, 19 which recordwith 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 such22 municipality. 23 All purchase orders or contracts involving amounts of 24 $25,000 $10,000or 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 theretoof 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 suchperiod of time after termination of -6- LRB9003022PTcw 1 contract during which action against the municipality might 2 ensue under applicable laws of limitation. After that such3 period the suchpurchase 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 such8 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 whichmay in 13 any way anywiseaccrue against the municipality in 14 consequence of the granting of the contract, or that which15 may in any way anywiseresult from the contract therefrom, 16 may be required of each bidder upon contracts involving 17 amounts in excess of $25,000 $10,000when, 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.
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