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Public Act 91-0422
HB0806 Enrolled LRB9102317MWgc
AN ACT to amend the Metropolitan Pier and Exposition
Authority Act by changing Sections 22, 23.1, 24, and 25.1.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Metropolitan Pier and Exposition
Authority Act is amended by changing Sections 22, 23.1, 24,
and 25.1 as follows:
(70 ILCS 210/22) (from Ch. 85, par. 1242)
Sec. 22. (a) The Governor shall appoint, subject to the
approval of the Mayor (which approval shall be deemed granted
unless a written disapproval is made within 15 days after
notice of the appointment), a chief executive officer of the
Authority, subject to the general control of the Board, who
shall be responsible for the management of the properties,
business and employees of the authority, shall direct the
enforcement of all ordinances, resolutions, rules and
regulations of the Board, and shall perform such other duties
as may be prescribed from time to time by the Board. The
chief executive officer, in his discretion, may make
recommendations to the Board with respect to appointments
pursuant to this Section 22, contracts and policies and
procedures. Any officers, attorneys, engineers, consultants,
agents and employees appointed in accordance with this
Section 22 shall report to the chief executive officer.
(b) The Board may appoint other officers who are subject
to the general control of the Board and who are subordinate
to the chief executive officer. Such officers may include,
but are not limited to, a general manager of the McCormick
Place facility, a general manager of the Navy Pier facility,
if established, a general attorney and a chief engineer. The
Board shall provide for the appointment of such other
officers, attorneys, engineers, consultants, agents and
employees as may be necessary. It shall define their duties
and require bonds of such of them as the Board may designate.
(c) The chief executive officer and other officers
appointed by the Board, general managers, general attorney,
chief engineer, and all other officers provided for pursuant
to this Section shall be exempt from taking and subscribing
any oath of office and shall not be members of the Board.
The compensation of the chief executive officer, general
managers, general attorney, chief engineer, and all other
officers, attorneys, consultants, agents and employees shall
be fixed by the Board.
(d) The Board shall, within 180 days after the effective
date of this amendatory Act of 1985, adopt a personnel code
governing the Authority's employment, evaluation, promotion
and discharge of employees. Such code may be modeled after
the standards and procedures found in the Personnel Code,
including provisions for (i) competitive examinations, (ii)
eligibility lists for appointment and promotion, (iii)
probationary periods and performance records, (iv) layoffs,
discipline and discharges, and (v) such other matters, not
inconsistent with law, as may be necessary for the proper and
efficient operation of the Authority and its facilities.
The Authority shall conduct an annual review of (i) the
performance of the officers appointed by the Board who are
subordinate to the chief executive officer general manager,
general attorney and chief engineer and (ii) the services
provided by outside attorneys, construction managers, or
consultants who have been retained by, or performed services
for, the Authority during the previous twelve month period.
(Source: P.A. 86-17.)
(70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
Sec. 23.1. (a) The Authority shall, within 90 days
after the effective date of this amendatory Act of 1984,
establish and maintain an affirmative action program designed
to promote equal employment opportunity and eliminate the
effects of past discrimination. Such program shall include a
plan, including timetables where appropriate, which shall
specify goals and methods for increasing participation by
women and minorities in employment by the Authority and by
parties which contract with the Authority. The Authority
shall submit a detailed plan with the General Assembly prior
to September March 1 of each year. Such program shall also
establish procedures and sanctions (including debarment),
which the Authority shall enforce to ensure compliance with
the plan established pursuant to this Section and with State
and federal laws and regulations relating to the employment
of women and minorities. A determination by the Authority as
to whether a party to a contract with the Authority has
achieved the goals or employed the methods for increasing
participation by women and minorities shall be determined in
accordance with the terms of such contracts or the applicable
provisions of rules and regulations of the Authority existing
at the time such contract was executed, including any
provisions for consideration of good faith efforts at
compliance which the Authority may reasonably adopt.
(b) The Authority shall adopt and maintain minority and
female owned business enterprise procurement programs under
the affirmative action program described in subsection (a)
for any and all work undertaken by the Authority. That work
shall include, but is not limited to, the purchase of
professional services, construction services, supplies,
materials, and equipment. The programs shall establish goals
of awarding not less than 25% of the annual dollar value of
all contracts, purchase orders, or other agreements
(collectively referred to as "contracts") to minority owned
businesses and 5% of the annual dollar value of all contracts
to female owned businesses. Without limiting the generality
of the foregoing, the programs shall require in connection
with the prequalification or consideration of vendors for
professional service contracts, construction contracts, and
contracts for supplies, materials, equipment, and services
that each proposer or bidder submit as part of his or her
proposal or bid a commitment detailing how he or she will
expend 25% or more of the dollar value of his or her
contracts with one or more minority owned businesses and 5%
or more of the dollar value with one or more female owned
businesses. Bids or proposals that do not include such
detailed commitments are not responsive and shall be rejected
unless the Authority deems it appropriate to grant a waiver
of these requirements. In addition the Authority may, in
connection with the selection of providers of professional
services, reserve the right to select a minority or female
owned business or businesses to fulfill the commitment to
minority and female business participation. The commitment
to minority and female business participation may be met by
the contractor or professional service provider's status as a
minority or female owned business, by joint venture or by
subcontracting a portion of the work with or purchasing
materials for the work from one or more such businesses, or
by any combination thereof. Each contract shall require the
contractor or provider to submit a certified monthly report
detailing the status of that contractor or provider's
compliance with the Authority's minority and female owned
business enterprise procurement program. The Authority,
after reviewing the monthly reports of the contractors and
providers, shall compile a comprehensive report regarding
compliance with this procurement program and file it
quarterly with the General Assembly. If, in connection with
a particular contract, the Authority determines that it is
impracticable or excessively costly to obtain minority or
female owned businesses to perform sufficient work to fulfill
the commitment required by this subsection, the Authority
shall reduce or waive the commitment in the contract, as may
be appropriate. The Authority shall establish rules and
regulations setting forth the standards to be used in
determining whether or not a reduction or waiver is
appropriate. The terms "minority owned business" and "female
owned business" have the meanings given to those terms in the
Minority and Female Business Enterprise Act.
(c) The Authority shall adopt and maintain an
affirmative action program in connection with the hiring of
minorities and women on the Expansion Project and on any and
all construction projects undertaken by the Authority. The
program shall be designed to promote equal employment
opportunity and shall specify the goals and methods for
increasing the participation of minorities and women in a
representative mix of job classifications required to perform
the respective contracts awarded by the Authority.
(d) In connection with the Expansion Project, the
Authority shall incorporate the following elements into its
minority and female owned business procurement programs to
the extent feasible: (1) a major contractors program that
permits minority owned businesses and female owned businesses
to bear significant responsibility and risk for a portion of
the project; (2) a mentor/protege program that provides
financial, technical, managerial, equipment, and personnel
support to minority owned businesses and female owned
businesses; (3) an emerging firms program that includes
minority owned businesses and female owned businesses that
would not otherwise qualify for the project due to
inexperience or limited resources; (4) a small projects
program that includes participation by smaller minority owned
businesses and female owned businesses on jobs where the
total dollar value is $5,000,000 or less; and (5) a set-aside
program that will identify contracts requiring the
expenditure of funds less than $50,000 for bids to be
submitted solely by minority owned businesses and female
owned businesses.
(e) The Authority is authorized to enter into agreements
with contractors' associations, labor unions, and the
contractors working on the Expansion Project to establish an
Apprenticeship Preparedness Training Program to provide for
an increase in the number of minority and female journeymen
and apprentices in the building trades and to enter into
agreements with Community College District 508 to provide
readiness training. The Authority is further authorized to
enter into contracts with public and private educational
institutions and persons in the hospitality industry to
provide training for employment in the hospitality industry.
(f) McCormick Place Advisory Board. There is created a
McCormick Place Advisory Board composed as follows: 7 members
shall be named by the Authority who are residents of the area
surrounding the McCormick Place Expansion Project and are
either minorities, as defined in this subsection, or women; 7
members shall be State Senators named by the President of the
Senate who are residents of the City of Chicago and are
either members of minority groups or women; and 7 members
shall be State Representatives named by the Speaker of the
House who are residents of the City of Chicago and are either
members of minority groups or women. A State Senator or State
Representative member may appoint a designee to serve on the
McCormick Place Advisory Board in his or her absence.
A "member of a minority group" shall mean a person who is
a citizen or lawful permanent resident of the United States
and who is
(1) Black (a person having origins in any of the
black racial groups in Africa);
(2) Hispanic (a person of Spanish or Portuguese
culture with origins in Mexico, South or Central America,
or the Caribbean Islands, regardless of race);
(3) Asian American (a person having origins in any
of the original peoples of the Far East, Southeast Asia,
the Indian Subcontinent, or the Pacific Islands); or
(4) American Indian or Alaskan Native (a person
having origins in any of the original peoples of North
America).
Members of the McCormick Place Advisory Board shall serve
2-year terms and until their successors are appointed, except
members who serve as a result of their elected position whose
terms shall continue as long as they hold their designated
elected positions. Vacancies shall be filled by appointment
for the unexpired term in the same manner as original
appointments are made. The McCormick Place Advisory Board
shall elect its own chairperson.
Members of the McCormick Place Advisory Board shall serve
without compensation but, at the Authority's discretion,
shall be reimbursed for necessary expenses in connection with
the performance of their duties.
The McCormick Place Advisory Board shall meet quarterly,
or as needed, shall produce any reports it deems necessary,
and shall:
(1) Work with the Authority on ways to improve the
area physically and economically;
(2) Work with the Authority regarding potential
means for providing increased economic opportunities to
minorities and women produced indirectly or directly from
the construction and operation of the Expansion Project;
(3) Work with the Authority to minimize any
potential impact on the area surrounding the McCormick
Place Expansion Project, including any impact on minority
or female owned businesses, resulting from the
construction and operation of the Expansion Project;
(4) Work with the Authority to find candidates for
building trades apprenticeships, for employment in the
hospitality industry, and to identify job training
programs;
(5) Work with the Authority to implement the
provisions of subsections (a) through (e) of this Section
in the construction of the Expansion Project, including
the Authority's goal of awarding not less than 25% and 5%
of the annual dollar value of contracts to minority and
female owned businesses, the outreach program for
minorities and women, and the mentor/protege program for
providing assistance to minority and female owned
businesses.
(Source: P.A. 86-17; 87-733.)
(70 ILCS 210/24) (from Ch. 85, par. 1244)
Sec. 24. All contracts for the sale of property of the
value of more than $10,000 $5,000 or for any concession in or
lease of property of the Authority for a term of more than
one year shall be awarded to the highest responsible bidder,
after advertising for bids, except as may be otherwise
authorized by this Act amendatory Act of 1991. All
construction contracts, when the cost will exceed $30,000,
and contracts for supplies, materials, equipment and
services, when the cost thereof will exceed $10,000 $5,000,
shall be let to the lowest responsible bidder, after
advertising for bids, excepting (1) when repair parts,
accessories, equipment or services are required for equipment
or services previously furnished or contracted for, (2)
professional services contracted for in accordance with
Section 25.1 of this Act, (3) when services such as water,
light, heat, power, telephone (other than long-distance
service) or telegraph are required, and (4) when contracts
for the use, purchase, delivery, movement, or installation of
data processing equipment, software, or services and
telecommunications equipment, software, and services are
required, and (5) when the immediate delivery of supplies,
materials, equipment, or services is required and (i) the
chief executive officer determines that an emergency
situation exists; (ii) the contract accepted is based on the
lowest responsible bid after the Authority has made a
diligent effort to solicit multiple bids by telephone,
facsimile, or other efficient means; and (iii) the chief
executive officer submits a report at the next regular Board
meeting, to be ratified by the Board and entered into the
official record, stating the chief executive officer's reason
for declaring an emergency situation, the names of the other
parties solicited and their bids, and a copy of the contract
awarded.
All construction contracts involving less than $30,000
and all other contracts involving less than $10,000 $5,000
shall be let by competitive bidding whenever possible, and in
any event in a manner calculated to insure the best interests
of the public.
Each bidder shall disclose in his bid the name of each
individual having a beneficial interest, directly or
indirectly, of more than 7 1/2% in such bidding entity and,
if such bidding entity is a corporation, the names of each of
its officers and directors. The bidder shall notify the
Board of any changes in its ownership or its officers or
directors at the time such changes occur if the change occurs
during the pendency of a proposal or a contract.
In determining the responsibility of any bidder, the
Board may take into account past record of dealings with the
bidder, experience, adequacy of equipment, ability to
complete performance within the time set, and other factors
besides financial responsibility, but in no case shall any
such contracts be awarded to any other than the highest
bidder (in case of sale or concession or lease) or the lowest
bidder (in case of purchase or expenditure) unless authorized
or approved by a vote of at least three-fourths of the
members of the Board, and unless such action is accompanied
by a statement in writing setting forth the reasons for not
awarding the contract to the highest or lowest bidder, as the
case may be, which statement shall be kept on file in the
principal office of the Authority and open to public
inspection.
From the group of responsible bidders the lowest bidder
shall be selected in the following manner: to all bids for
sales the gross receipts of which are not taxable under the
"Retailers' Occupation Tax Act", approved June 28, 1933, as
amended, there shall be added an amount equal to the tax
which would be payable under said Act, if applicable, and the
lowest in amount of said adjusted bids and bids for sales the
gross receipts of which are taxable under said Act shall be
considered the lowest bid; provided, that, if said lowest bid
relates to a sale not taxable under said Act, any contract
entered into thereon shall be in the amount of the original
bid not adjusted as aforesaid.
Contracts shall not be split into parts involving
expenditures of less than $10,000 (or $30,000 in the case of
construction contracts) $5,000 for the purposes of avoiding
the provisions of this Section, and all such split contracts
shall be void. If any collusion occurs among bidders or
prospective bidders in restraint of freedom of competition,
by agreement to bid a fixed amount or to refrain from
bidding, or otherwise, the bids of such bidders shall be
void. Each bidder shall accompany his bid with a sworn
statement that he has not been a party to any such agreement.
The Board shall have the right to reject all bids and to
readvertise for bids. If after any such readvertisement no
responsible and satisfactory bid, within the terms of the
advertisement, shall be received, the Board may award such
contract without competitive bidding, provided that it shall
not be less advantageous to the Authority than any valid bid
received pursuant to advertisement.
The Board shall adopt rules and regulations of general
application within 90 days of the effective date of this
amendatory Act of 1985 to carry into effect the provisions of
this Section.
(Source: P.A. 87-733.)
(70 ILCS 210/25.1) (from Ch. 85, par. 1245.1)
Sec. 25.1. (a) This Section applies to (i) contracts in
excess of $10,000 $5,000 for professional services provided
to the Authority, including the services of accountants,
architects, attorneys, engineers, physicians, superintendents
of construction, and other similar professionals possessing a
high degree of skill, (ii) agreements described in Section
5(h), and (iii) contracts described in Section 5(j).
(b) When the Authority proposes to enter into a contract
or agreement under this Section, the Authority shall give
public notice soliciting proposals for the contract or
agreement by publication at least twice in one or more daily
newspapers in general circulation in the metropolitan area.
The second notice shall be published not less than 10 days
before the date on which the Authority expects to select the
contractor. The notice shall include a general description of
the nature of the contract or agreement which the Authority
is seeking and the procedure by which a person or firm
interested in the contract or agreement may make its proposal
to the Authority for consideration for the contract or
agreement.
A request for proposals must be extended to a sufficient
number of prospective providers of the required services or
prospective bidders to assure that public interest in
competition is adequately served.
The provisions of this subsection (b) do not apply if:
(1) the Authority concludes that there is a single
source of the expertise or knowledge required or that one
person can clearly perform the required tasks more
satisfactorily because of the person's prior work;
however, this exemption shall be narrowly construed and
applies only if a written report that details the reasons
for the exemption is entered into the minutes of the
Authority and the Chairman has authorized in writing
contract negotiations with the single source; or
(2) the service is to be provided by or the
agreement is with a State agency, a federal agency, a
political subdivision of the State, or a corporation
organized under the General Not For Profit Corporation
Act of 1986; or
(3) within 60 days of the effective date of this
amendatory Act of 1985, the Authority enters into a
written contract for professional services of the same
kind with any person providing such professional services
as of such effective date.
A request for proposals must contain a description of the
work to be performed under the contract and the terms under
which the work is to be performed or a description of the
terms of the agreement with respect to the use or occupancy
of the grounds, buildings, or facilities. A request for
proposals must contain that information necessary for a
prospective contractor or bidder to submit a response or
contain references to any information that cannot reasonably
be included with the request. The request for proposals must
provide a description of the factors that will be considered
by the Authority when it evaluates the proposals received.
Nothing in this subsection limits the power of the
Authority to use additional means that it may consider
appropriate to notify prospective contractors or bidders that
it proposes to enter into a contract or agreement.
(c) After the responses are submitted, the Authority
shall evaluate them. Each proposal received must be evaluated
using the same factors as those set out in the request for
proposals.
Any person that submits a response to a request for
proposals under this Section shall disclose in the response
the name of each individual having a beneficial interest
directly or indirectly of more than 7 1/2% in such person
and, if such person is a corporation, the names of each of
its officers and directors. The person shall notify the
Board of any changes in its ownership or its officers or
directors at the time such changes occur if the change occurs
during the pendency of a proposal or a contract.
(d) All contracts and agreements under this Section,
whether or not exempted hereunder, shall be authorized and
approved by the Board and shall be set forth in a writing
executed by the contractor and the Authority. No payment
shall be made under this Section until a written contract or
agreement shall be so authorized, approved and executed,
provided that payments for professional services may be made
without a written contract to persons providing such services
to the Authority as of the effective date of this amendatory
Act of 1985 for sixty days from such date.
(e) A copy of each contract or agreement (whether or not
exempted hereunder) and the response, if any, to the request
for proposals upon which the contract was awarded must be
filed with the Secretary of the Authority and is required to
be open for public inspection. The request for proposals and
the name and address of each person who submitted a response
to it must also accompany the filed copies.
(Source: P.A. 88-193.)
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