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92_SB0904 LRB9205194NTsb 1 AN ACT concerning schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 10-20.21 and 34-21.3 as follows: 6 (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21) 7 Sec. 10-20.21. Contracts. To award all contracts for 8 purchase of supplies, materials or work or contracts with 9 private carriers for transportation of pupils involving an 10 expenditure in excess of $20,000
$10,000to the lowest 11 responsible bidder, considering conformity with 12 specifications, terms of delivery, quality and 13 serviceability, after due advertisement, except the 14 following: (i) 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 part; 17 (ii) contracts for the printing of finance committee reports 18 and departmental reports; (iii) contracts for the printing or 19 engraving of bonds, tax warrants and other evidences of 20 indebtedness; (iv) contracts for the purchase of perishable 21 foods and perishable beverages; (v) contracts for materials 22 and work which have been awarded to the lowest responsible 23 bidder after due advertisement, but due to unforeseen 24 revisions, not the fault of the contractor for materials and 25 work, must be revised causing expenditures not in excess of 26 10% of the contract price; (vi) contracts for the maintenance 27 or servicing of, or provision of repair parts for, equipment 28 which are made with the manufacturer or authorized service 29 agent of that equipment where the provision of parts, 30 maintenance, or servicing can best be performed by the 31 manufacturer or authorized service agent; (vii) purchases and -2- LRB9205194NTsb 1 contracts for the use, purchase, delivery, movement, or 2 installation of data processing equipment, software, or 3 services and telecommunications and interconnect equipment, 4 software, and services; (viii) contracts for duplicating 5 machines and supplies; (ix) contracts for the purchase of 6 natural gas when the cost is less than that offered by a 7 public utility; (x) purchases of equipment previously owned 8 by some entity other than the district itself; (xi) contracts 9 for repair, maintenance, remodeling, renovation, or 10 construction, or a single project involving an expenditure 11 not to exceed $30,000 $20,000and not involving a change or 12 increase in the size, type, or extent of an existing 13 facility; (xii) contracts for goods or services procured from 14 another governmental agency; (xiii) contracts for goods or 15 services which are economically procurable from only one 16 source, such as for the purchase of magazines, books, 17 periodicals, pamphlets and reports, and for utility services 18 such as water, light, heat, telephone or telegraph; and (xiv) 19 where funds are expended in an emergency and such emergency 20 expenditure is approved by 3/4 of the members of the board. 21 All competitive bids for contracts involving an expenditure 22 in excess of $20,000 $10,000must be sealed by the bidder and 23 must be opened by a member or employee of the school board at 24 a public bid opening at which the contents of the bids must 25 be announced. Each bidder must receive at least 3 days' 26 notice of the time and place of the bid opening. For purposes 27 of this Section due advertisement includes, but is not 28 limited to, at least one public notice at least 10 days 29 before the bid date in a newspaper published in the district, 30 or if no newspaper is published in the district, in a 31 newspaper of general circulation in the area of the district. 32 (Source: P.A. 86-411; 87-414.) 33 (105 ILCS 5/34-21.3) (from Ch. 122, par. 34-21.3) -3- LRB9205194NTsb 1 Sec. 34-21.3. Contracts. The board shall by record vote 2 let all contracts (other than those excepted by Section 3 10-20.21 of The School Code) for supplies, materials, work, 4 and contracts with private carriers for transportation of 5 pupils, involving an expenditure in excess of $20,000 $10,0006 by competitive bidding as provided in Section 10-20.21 of The 7 School Code. 8 The board may delegate to the general superintendent of 9 schools, by resolution, the authority to approve contracts in 10 amounts of $20,000 $10,000or less. 11 For a period of one year from and after the expiration or 12 other termination of his or her term of office as a member of 13 the board: (i) the former board member shall not be eligible 14 for employment nor be employed by the board, a local school 15 council, an attendance center, or any other subdivision or 16 agent of the board or the school district governed by the 17 board, and (ii) neither the board nor the chief purchasing 18 officer shall let or delegate authority to let any contract 19 for services, employment, or other work to the former board 20 member or to any corporation, partnership, association, sole 21 proprietorship, or other entity other than publicly traded 22 companies from which the former board member receives an 23 annual income, dividends, or other compensation in excess of 24 $1,500. Any contract that is entered into by or under a 25 delegation of authority from the board or the chief 26 purchasing officer shall contain a provision stating that the 27 contract is not legally binding on the board if entered into 28 in violation of the provisions of this paragraph. 29 In addition, the State Board of Education, in 30 consultation with the board, shall (i) review existing 31 conflict of interest and disclosure laws or regulations that 32 are applicable to the executive officers and governing boards 33 of school districts organized under this Article and school 34 districts generally, (ii) determine what additional -4- LRB9205194NTsb 1 disclosure and conflict of interest provisions would enhance 2 the reputation and fiscal integrity of the board and the 3 procedure under which contracts for goods and services are 4 let, and (iii) develop appropriate reporting forms and 5 procedures applicable to the executive officers, governing 6 board, and other officials of the school district. 7 (Source: P.A. 89-15, eff. 5-30-95.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.
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