HB3160 EnrolledLRB102 14747 AWJ 20100 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Forest
5Preserve District and Conservation District Design-Build
6Authorization Act.
 
7    Section 5. Purpose. This purpose of this Act is to
8authorize forest preserve districts and conservation districts
9to use design-build processes to increase the efficiency and
10effectiveness of delivering public projects.
 
11    Section 10. Definitions. As used in this Act:
12    "Delivery system" means the design and construction
13approach used to develop and construct a project.
14    "Design-bid-build" means the traditional delivery system
15used on public projects that incorporates the Local Government
16Professional Services Selection Act, the competitive bidding
17process set forth in Section 6 of the Conservation District
18Act, the competitive bidding process set forth in subsection
19(b) of Section 8 of the Downstate Forest Preserve District
20Act, or the competitive bidding process set forth in Section
2114 of the Cook County Forest Preserve District Act.
22    "Design-build" means a delivery system that provides

 

 

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1responsibility within a single contract for the furnishing of
2architecture, engineering, land surveying, and related
3services as required and the labor, materials, equipment, and
4other construction services for the project.
5    "Design-build contract" means a contract for a public
6project under this Act between a forest preserve district or
7conservation district and a design-build entity to furnish:
8architecture, engineering, land surveying, public art or
9interpretive exhibits, and related services, as required; and
10the labor, materials, equipment, and other construction
11services for the project.
12    "Design-build entity" means any individual, sole
13proprietorship, firm, partnership, joint venture, corporation,
14professional corporation, or other entity that proposes to
15design and construct any public project under this Act. A
16design-build entity and associated design professionals shall
17conduct themselves in accordance with the relevant laws of
18this State and the related provisions of the Illinois
19Administrative Code.
20    "Design professional" means any individual, sole
21proprietorship, firm, partnership, joint venture, corporation,
22professional corporation, or other entity that offers services
23under the Illinois Architecture Practice Act of 1989, the
24Professional Engineering Practice Act of 1989, the Structural
25Engineering Practice Act of 1989, or the Illinois Professional
26Land Surveyor Act of 1989.

 

 

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1    "Evaluation criteria" means the requirements for the
2separate phases of the selection process as defined in this
3Act and may include the specialized experience, technical
4qualifications and competence, capacity to perform, past
5performance, experience with similar projects, assignment of
6personnel to the project, and other appropriate factors.
7    "Proposal" means the offer to enter into a design-build
8contract as submitted by a design-build entity in accordance
9with this Act.
10    "Public art designer" means any individual, sole
11proprietorship, firm, partnership, joint venture, corporation,
12professional corporation, or other entity that has
13demonstrated experience with the design and fabrication of
14public art including any media that has been planned and
15executed with the intention of being staged in the physical
16public domain outside and accessible to all or any art which is
17exhibited in a public space including publicly accessible
18buildings, or interpretive exhibits including communication
19media that is designed to engage, excite, inform, relate, or
20reveal the intrinsic nature or indispensable quality of a
21topic or story being presented.
22    "Request for proposal" means the document used by the
23forest preserve district or conservation district to solicit
24proposals for a design-build contract.
25    "Scope and performance criteria" means the requirements
26for the public project, including, but not limited to, the

 

 

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1intended usage, capacity, size, scope, quality and performance
2standards, life-cycle costs, and other programmatic criteria
3that are expressed in performance-oriented and quantifiable
4specifications and drawings that can be reasonably inferred
5and are suited to allow a design-build entity to develop a
6proposal.
 
7    Section 15. Solicitation of proposals.
8    (a) A forest preserve district or conservation district
9may enter into design-build contracts. In addition to the
10requirements set forth in its local ordinances, when the
11forest preserve district or conservation district elects to
12use the design-build delivery method, it must issue a notice
13of intent to receive proposals for the project at least 14 days
14before issuing the request for the proposal. The forest
15preserve district or conservation district must publish the
16advance notice in the manner prescribed by ordinance, which
17shall include posting the advance notice online on its
18website. The forest preserve district or conservation district
19may publish the notice in construction industry publications
20or post the notice on construction industry websites. A brief
21description of the proposed procurement must be included in
22the notice. The forest preserve district or conservation
23district must provide a copy of the request for proposal to any
24party requesting a copy.
25    (b) The request for proposal shall be prepared for each

 

 

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1project and must contain, without limitation, the following
2information:
3        (1) The name of the forest preserve district or
4    conservation district.
5        (2) A preliminary schedule for the completion of the
6    contract.
7        (3) The proposed budget for the project, the source of
8    funds, and the currently available funds at the time the
9    request for proposal is submitted.
10        (4) Prequalification criteria for design-build
11    entities wishing to submit proposals. The forest preserve
12    district or conservation district shall include, at a
13    minimum, its normal prequalification, licensing,
14    registration, and other requirements; however, nothing
15    precludes the use of additional prequalification criteria
16    by the forest preserve district or conservation district.
17        (5) Material requirements of the contract, including,
18    but not limited to, the proposed terms and conditions,
19    required performance and payment bonds, insurance, and the
20    entity's plan to comply with the utilization goals for
21    business enterprises established in the Business
22    Enterprise for Minorities, Women, and Persons with
23    Disabilities Act and with Section 2-105 of the Illinois
24    Human Rights Act.
25        (6) The performance criteria.
26        (7) The evaluation criteria for each phase of the

 

 

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1    solicitation. Price may not be used as a factor in the
2    evaluation of Phase I proposals.
3        (8) The number of entities that will be considered for
4    the technical and cost evaluation phase.
5    (c) The forest preserve district or conservation district
6may include any other relevant information that it chooses to
7supply. The design-build entity shall be entitled to rely upon
8the accuracy of this documentation in the development of its
9proposal.
10    (d) The date that proposals are due must be at least 21
11calendar days after the date of the issuance of the request for
12proposal. In the event the cost of the project is estimated to
13exceed $12,000,000, then the proposal due date must be at
14least 28 calendar days after the date of the issuance of the
15request for proposal. The forest preserve district or
16conservation district shall include in the request for
17proposal a minimum of 30 days to develop the Phase II
18submissions after the selection of entities from the Phase I
19evaluation is completed.
 
20    Section 20. Development of scope and performance criteria.
21    (a) The forest preserve district or conservation district
22shall develop, with the assistance of a licensed design
23professional or public art designer, a request for proposal,
24which shall include scope and performance criteria. The scope
25and performance criteria must be in sufficient detail and

 

 

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1contain adequate information to reasonably apprise the
2qualified design-build entities of the forest preserve
3district's or conservation district's overall programmatic
4needs and goals, including criteria and preliminary design
5plans, general budget parameters, schedule, and delivery
6requirements.
7    (b) Each request for proposal shall also include a
8description of the level of design to be provided in the
9proposals. This description must include the scope and type of
10renderings, drawings, and specifications that, at a minimum,
11will be required by the forest preserve district or
12conservation district to be produced by the design-build
13entities.
14    (c) The scope and performance criteria shall be prepared
15by a design professional or public art designer who is an
16employee of the forest preserve district or conservation
17district, or the forest preserve district or conservation
18district may contract with an independent design professional
19or public art designer selected under the Local Government
20Professional Services Selection Act to provide these services.
21    (d) The design professional or public art designer that
22prepares the scope and performance criteria is prohibited from
23participating in any design-build entity proposal for the
24project.
25    (e) The design-build contract may be conditioned upon
26subsequent refinements in scope and price and may allow the

 

 

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1forest preserve district or conservation district to make
2modifications in the project scope without invalidating the
3design-build contract.
 
4    Section 25. Procedures for Selection.
5    (a) The forest preserve district or conservation district
6must use a two-phase procedure for the selection of the
7successful design-build entity. Phase I of the procedure will
8evaluate and shortlist the design-build entities based on
9qualifications, and Phase II will evaluate the technical and
10cost proposals.
11    (b) The forest preserve district or conservation district
12shall include in the request for proposal the evaluating
13factors to be used in Phase I. These factors are in addition to
14any prequalification requirements of design-build entities
15that the forest preserve district or conservation district has
16set forth. Each request for proposal shall establish the
17relative importance assigned to each evaluation factor and
18subfactor, including any weighting of criteria to be employed
19by the forest preserve district or conservation district. The
20forest preserve district or conservation district must
21maintain a record of the evaluation scoring to be disclosed in
22event of a protest regarding the solicitation.
23    The forest preserve district or conservation district
24shall include the following criteria in every Phase I
25evaluation of design-build entities: (i) experience of

 

 

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1personnel; (ii) successful experience with similar project
2types; (iii) financial capability; (iv) timeliness of past
3performance; (v) experience with similarly sized projects;
4(vi) successful reference checks of the firm; (vii) commitment
5to assign personnel for the duration of the project and
6qualifications of the entity's consultants; and (viii) ability
7or past performance in meeting or exhausting good faith
8efforts to meet the utilization goals for business enterprises
9established in the Business Enterprise for Minorities, Women,
10and Persons with Disabilities Act and with Section 2-105 of
11the Illinois Human Rights Act. The forest preserve district or
12conservation district may include any additional relevant
13criteria in Phase I that it deems necessary for a proper
14qualification review.
15    The forest preserve district or conservation district may
16not consider any design-build entity for evaluation or award
17if the entity has any pecuniary interest in the project or has
18other relationships or circumstances, including, but not
19limited to, long-term leasehold, mutual performance, or
20development contracts with the forest preserve district or
21conservation district, that may give the design-build entity a
22financial or tangible advantage over other design-build
23entities in the preparation, evaluation, or performance of the
24design-build contract or that create the appearance of
25impropriety. No proposal shall be considered that does not
26include an entity's plan to comply with the requirements

 

 

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1established in the Business Enterprise for Minorities, Women,
2and Persons with Disabilities Act, for both the design and
3construction areas of performance, and with Section 2-105 of
4the Illinois Human Rights Act.
5    Upon completion of the qualifications evaluation, the
6forest preserve district or conservation district shall create
7a shortlist of the most highly qualified design-build
8entities. The forest preserve district or conservation
9district, in its discretion, is not required to shortlist the
10maximum number of entities as identified for Phase II
11evaluation, provided that no less than 2 design-build entities
12nor more than 6 are selected to submit Phase II proposals.
13    The forest preserve district or conservation district
14shall notify the entities selected for the shortlist in
15writing. This notification shall commence the period for the
16preparation of the Phase II technical and cost evaluations.
17The forest preserve district or conservation district must
18allow sufficient time for the shortlist entities to prepare
19their Phase II submittals considering the scope and detail
20requested by the forest preserve district or conservation
21district.
22    (c) The forest preserve district or conservation district
23shall include in the request for proposal the evaluating
24factors to be used in the technical and cost submission
25components of Phase II. Each request for proposal shall
26establish, for both the technical and cost submission

 

 

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1components of Phase II, the relative importance assigned to
2each evaluation factor and subfactor, including any weighting
3of criteria to be employed by the forest preserve district or
4conservation district. The forest preserve district or
5conservation district must maintain a record of the evaluation
6scoring to be disclosed in event of a protest regarding the
7solicitation.
8    The forest preserve district or conservation district
9shall include the following criteria in every Phase II
10technical evaluation of design-build entities: (i) compliance
11with objectives of the project; (ii) compliance of proposed
12services to the request for proposal requirements; (iii)
13quality of products or materials proposed; (iv) quality of
14design parameters; (v) design concepts; (vi) innovation in
15meeting the scope and performance criteria; and (vii)
16constructability of the proposed project. The forest preserve
17district or conservation district may include any additional
18relevant technical evaluation factors it deems necessary for
19proper selection.
20    The forest preserve district or conservation district
21shall include the following criteria in every Phase II cost
22evaluation: the total project cost, the construction costs,
23and the time of completion. The forest preserve or
24conservation district may include any additional relevant
25technical evaluation factors it deems necessary for proper
26selection. The total project cost criteria weighing factor

 

 

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1shall not exceed 30%.
2    The forest preserve or conservation district shall
3directly employ or retain a licensed design professional or a
4public art designer to evaluate the technical and cost
5submissions to determine if the technical submissions are in
6accordance with generally accepted industry standards.
7    Upon completion of the technical submissions and cost
8submissions evaluation, the forest preserve or conservation
9district may award the design-build contract to the highest
10overall ranked entity.
 
11    Section 30. Small projects. In any case where the total
12overall cost of the project is estimated to be less than
13$12,000,000, the forest preserve or conservation district may
14combine the two-phase procedure for selection described in
15Section 25 into one combined step, provided that all the
16requirements of evaluation are performed in accordance with
17Section 25.
 
18    Section 35. Submission of proposals. Proposals must be
19properly identified and sealed. Proposals may not be reviewed
20until after the deadline for submission has passed as set
21forth in the request for proposals. All design-build entities
22submitting proposals shall be disclosed after the deadline for
23submission, and all design-build entities who are selected for
24Phase II evaluation shall also be disclosed at the time of that

 

 

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1determination.
2    Proposals shall include a bid bond in the form and
3security as designated in the request for proposals. Proposals
4shall also contain a separate sealed envelope with the cost
5information within the overall proposal submission. Proposals
6shall include a list of all design professionals, public art
7designers, and other entities to which any work may be
8subcontracted during the performance of the contract.
9    Proposals must meet all material requirements of the
10request for proposal or they may be rejected as
11non-responsive. The forest preserve or conservation district
12shall have the right to reject any and all proposals.
13    The drawings and specifications of the proposal may remain
14the property of the design-build entity.
15    The forest preserve or conservation district shall review
16the proposals for compliance with the performance criteria and
17evaluation factors.
18    Proposals may be withdrawn prior to evaluation for any
19cause. After evaluation begins by the forest preserve or
20conservation district, clear and convincing evidence of error
21is required for withdrawal.
 
22    Section 40. Award. The forest preserve or conservation
23district may award the contract to the highest overall ranked
24entity. Notice of award shall be made in writing. Unsuccessful
25entities shall also be notified in writing. The forest

 

 

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1preserve or conservation district may not request a best and
2final offer after the receipt of proposals. The forest
3preserve or conservation district may negotiate with the
4selected design-build entity after award but prior to contract
5execution for the purpose of securing better terms than
6originally proposed, provided that the salient features of the
7request for proposal are not diminished.
 
8    Section 45. Reports and evaluation. At the end of every 6
9month period following the contract award, and again prior to
10final contract payout and closure, a selected design-build
11entity shall detail, in a written report submitted to the
12forest preserve or conservation district, its efforts and
13success in implementing the entity's plan to comply with the
14utilization goals for business enterprises established in the
15Business Enterprise for Minorities, Women, and Persons with
16Disabilities Act and the provisions of Section 2-105 of the
17Illinois Human Rights Act.
 
18    Section 905. The Conservation District Act is amended by
19changing Section 6 as follows:
 
20    (70 ILCS 410/6)  (from Ch. 96 1/2, par. 7106)
21    Sec. 6. Officers and employees. As soon as possible after
22the initial election or the initial appointments, as the case
23may be, the trustees shall organize by selecting from their

 

 

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1members a president, secretary, treasurer, and other officers
2as are deemed necessary, who shall hold office for 2 years in
3the case of an elected board, or the fiscal year in which
4elected in the case of an appointed board, and until their
5successors are selected and qualify. Three trustees shall
6constitute a quorum of the board for the transaction of
7business if the district has 5 trustees. If the district has 7
8trustees, 4 trustees shall constitute a quorum of the board
9for the transaction of business. The board shall hold regular
10monthly meetings. Special meetings may be called by the
11president and shall be called on the request of a majority of
12members, as may be required.
13    The board shall provide for the proper and safe keeping of
14its permanent records and for the recording of the corporate
15action of the district. It shall keep a proper system of
16accounts showing a true and accurate record of its receipts
17and disbursements, and it shall cause an annual audit to be
18made of its books, records, and accounts.
19    The records of the district shall be subject to public
20inspection at all reasonable hours and under regulations as
21the board may prescribe.
22    The district shall annually make a full and complete
23report to the county board of each county within the district
24and to the Department of Natural Resources of its transactions
25and operations for the preceding year. The report shall
26contain a full statement of its receipts, disbursements, and

 

 

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1the program of work for the period covered, and may include
2recommendations as may be deemed advisable.
3    Executive or ministerial duties may be delegated to one or
4more trustees or to an authorized officer, employee, agent,
5attorney, or other representative of the district.
6    All officers and employees authorized to receive or retain
7the custody of money or to sign vouchers, checks, warrants, or
8evidences of indebtedness binding upon the district shall
9furnish surety bond for the faithful performance of their
10duties and the faithful accounting for all moneys that may
11come into their hands in an amount to be fixed and in a form to
12be approved by the board.
13    All contracts for supplies, material, or work involving an
14expenditure in excess of $30,000 $25,000, or a lower amount if
15required by board policy, shall be let to the lowest
16responsible bidder, after due advertisement, excepting work
17requiring personal confidence or necessary supplies under the
18control of monopolies, where competitive bidding is
19impossible, or as otherwise provided in the Forest Preserve
20District and Conservation District Design-Build Authorization
21Act. All contracts for supplies, material, or work shall be
22signed by the president of the board and by any other officer
23as the board in its discretion may designate.
24(Source: P.A. 99-771, eff. 8-12-16.)
 
25    Section 910. The Downstate Forest Preserve District Act is

 

 

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1amended by changing Section 8 as follows:
 
2    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
3    Sec. 8. Powers and duties of corporate authority and
4officers; contracts; salaries.
5    (a) The board shall be the corporate authority of such
6forest preserve district and shall have power to pass and
7enforce all necessary ordinances, rules and regulations for
8the management of the property and conduct of the business of
9such district. The president of such board shall have power to
10appoint such employees as may be necessary. In counties with
11population of less than 3,000,000, within 60 days after their
12selection the commissioners appointed under the provisions of
13Section 3a of this Act shall organize by selecting from their
14members a president, vice president, secretary, treasurer and
15such other officers as are deemed necessary who shall hold
16office for the fiscal year in which elected and until their
17successors are selected and qualify. In the one district in
18existence on July 1, 1977, that is managed by an appointed
19board of commissioners, the incumbent president and the other
20officers appointed in the manner as originally prescribed in
21this Act shall hold such offices until the completion of their
22respective terms or in the case of the officers other than
23president until their successors are appointed by said
24president, but in all cases not to extend beyond January 1,
251980 and until their successors are selected and qualify.

 

 

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1Thereafter, the officers shall be selected in the manner as
2prescribed in this Section except that their first term of
3office shall not expire until June 30, 1981 and until their
4successors are selected and qualify.
5    (a-5) An officer selected pursuant to subsection (a) may
6be removed, with or without cause, upon a motion adopted by an
7affirmative vote of four-fifths of the board of the forest
8preserve district. Upon adoption of a motion to remove an
9officer: (i) the office becomes vacant and the former
10officer's compensation shall be prorated to the date the
11motion was approved; (ii) if the officer removed is the
12president then the vice president immediately assumes the
13duties of the president without president compensation and, if
14the officer removed is the vice president, treasurer, or
15secretary, then the president shall select an interim
16appointee who shall serve until the next regularly scheduled
17forest preserve district board meeting; and (iii) a new
18officer shall be selected at the next regularly scheduled
19forest preserve district board meeting. An officer removed
20under this Section maintains his or her status as a member of
21the forest preserve district board.
22    (b) In any county, city, village, incorporated town or
23sanitary district where the corporate authorities act as the
24governing body of a forest preserve district, the person
25exercising the powers of the president of the board shall have
26power to appoint a secretary and an assistant secretary and

 

 

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1treasurer and an assistant treasurer and such other officers
2and such employees as may be necessary. The assistant
3secretary and assistant treasurer shall perform the duties of
4the secretary and treasurer, respectively in case of death of
5such officers or when such officers are unable to perform the
6duties of their respective offices. All contracts for
7supplies, material or work involving an expenditure in excess
8of $30,000 $25,000, or a lower amount if required by board
9policy, shall be let to the lowest responsible bidder, after
10advertising at least once in one or more newspapers of general
11circulation within the district, excepting work requiring
12personal confidence or necessary supplies under the control of
13monopolies, where competitive bidding is impossible, or as
14otherwise provided in the Forest Preserve District and
15Conservation District Design-Build Authorization Act.
16Contracts for supplies, material or work involving an
17expenditure of $30,000 $25,000, or a lower amount if required
18by board policy, or less may be let without advertising for
19bids, but whenever practicable, at least 3 competitive bids
20shall be obtained before letting such contract. All contracts
21for supplies, material or work shall be signed by the
22president of the board of commissioners or by any such other
23officer as the board in its discretion may designate.
24    (c) The president of any board of commissioners appointed
25under the provisions of Section 3a of this Act shall receive a
26salary not to exceed the sum of $2500 per annum and the salary

 

 

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1of other members of the board so appointed shall not exceed
2$1500 per annum. Salaries of the commissioners, officers and
3employees shall be fixed by ordinance.
4    (d) Whenever a forest preserve district owns any personal
5property that, in the opinion of three-fifths of the members
6of the board of commissioners, is no longer necessary, useful
7to, or for the best interests of the forest preserve district,
8then three-fifths of the members of the board, at any regular
9meeting or any special meeting called for that purpose by an
10ordinance or resolution that includes a general description of
11the personal property, may authorize the conveyance or sale of
12that personal property in any manner that they may designate,
13with or without advertising the sale.
14(Source: P.A. 101-544, eff. 8-23-19.)
 
15    Section 915. The Cook County Forest Preserve District Act
16is amended by changing Section 14 as follows:
 
17    (70 ILCS 810/14)  (from Ch. 96 1/2, par. 6417)
18    Sec. 14. The board, as corporate authority of a forest
19preserve district, shall have power to pass and enforce all
20necessary ordinances, rules and regulations for the management
21of the property and conduct of the business of such district.
22The president of such board shall have power to appoint a
23secretary and an assistant secretary, and treasurer and an
24assistant treasurer and such other officers and such employees

 

 

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1as may be necessary, all of whom, excepting the treasurer and
2attorneys, shall be under civil service rules and regulations,
3as provided in Section 17 of this Act. The assistant secretary
4and assistant treasurer shall perform the duties of the
5secretary and treasurer, respectively, in case of death of
6said officers or when said officers are unable to perform the
7duties of their respective offices because of absence or
8inability to act. All contracts for supplies, material or work
9involving an expenditure by forest preserve districts in
10excess of $30,000 $25,000 shall be let to the lowest
11responsible bidder, after due advertisement, excepting work
12requiring personal confidence or necessary supplies under the
13control of monopolies, where competitive bidding is
14impossible, or as otherwise provided in the Forest Preserve
15District and Conservation District Design-Build Authorization
16Act. Contracts for supplies, material or work involving an
17expenditure of $30,000 $25,000 or less may be let without
18advertising for bids, but whenever practicable, at least 3
19competitive bids shall be obtained before letting such
20contract. Notwithstanding the provisions of this Section, a
21forest preserve district may establish procedures to comply
22with State and federal regulations concerning affirmative
23action and the use of small businesses or businesses owned by
24minorities or women in construction and procurement contracts.
25All contracts for supplies, material or work shall be signed
26by the president of the board or by any such other officer as

 

 

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1the board in its discretion may designate.
2    Salaries of employees shall be fixed by ordinance.
3(Source: P.A. 99-264, eff. 1-1-16.)
 
4    Section 997. Severability. The provisions of this Act are
5severable under Section 1.31 of the Statute on Statutes.
 
6    Section 999. Effective date. This Act takes effect June 1,
72022.