Rep. Daniel Didech

Filed: 2/2/2022

 

 


 

 


 
10200HB4393ham001LRB102 23518 AWJ 35620 a

1
AMENDMENT TO HOUSE BILL 4393

2    AMENDMENT NO. ______. Amend House Bill 4393 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Township Code is amended by changing
5Sections 85-30 and 205-105 as follows:
 
6    (60 ILCS 1/85-30)
7    Sec. 85-30. Purchases; bids. Any purchase by a township
8for services, materials, equipment, or supplies in excess of
9$20,000 (other than professional services) shall be contracted
10for in one of the following ways:
11        (1) By a contract let to the lowest responsible bidder
12    or the best value bidder after advertising for bids at
13    least once (i) in a newspaper published within the
14    township, or (ii) if no newspaper is published within the
15    township, then in one published within the county, or
16    (iii) if no newspaper is published within the county, then

 

 

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1    in a newspaper having general circulation within the
2    township.
3        (2) By a contract let without advertising for bids in
4    the case of an emergency if authorized by the township
5    board.
6    A township board that awards a contract to a best value
7bidder must approve the contract by resolution that states
8with specificity the reasons why the bidder is the best value
9bidder. The resolution must include the identity of an officer
10or director of the bidder who is a family member of a board
11member, is a person with whom a board member maintains a close
12economic association, or is a person with whom a board member
13maintains a close political association.
14    As used in this Section:
15    "Best value" means the result determined by a procurement
16method that considers price and other criteria reflecting an
17objective and quantifiable analysis, including consideration
18of some or all of the following factors: (1) the quality of the
19bidder's performance on previous projects; (2) the timeliness
20of the bidder's performance on previous projects; (3) the
21level of customer satisfaction with the bidder's performance
22on previous projects; (4) the bidder's record of performing
23previous projects on budget and ability to minimize cost
24overruns; (5) the bidder's ability to minimize change orders;
25(6) the bidder's ability to prepare appropriate project plans;
26(7) the bidder's technical capabilities; (8) the individual

 

 

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1qualifications of the bidder's key personnel; (9) the bidder's
2ability to assess and minimize risks; (10) the bidder's
3ability to meet the goals established by the township board
4for the awarding of contracts to minority-owned businesses,
5women-owned businesses, and businesses owned by persons with
6disabilities; and (11) maintenance costs and life span of the
7project.
8    "Family member" means a board member's spouse, children,
9step-children, parents, step-parents, siblings,
10step-siblings, half-siblings, sons-in-law, daughters-in-law,
11grandparents, and grandchildren, as well as the parents and
12grandparents of the board member's spouse and a person living
13with the board member.
14    "Person with whom a board member maintains a close
15economic association" means a person associated with the board
16member in a partnership, association or professional service
17corporation, whether as partner, officer, employee, associate,
18or otherwise.
19    "Person with whom a board member maintains a close
20political association" means a person who has made a campaign
21contribution to a political committee supporting a board
22member or a political committee of which a board member is an
23officer, is a candidate or is an officer of a political
24committee that has received a campaign contribution from a
25board member, or is an officer of a political committee
26supporting a board member.

 

 

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1    This Section does not apply to contracts by a township
2with the federal government.
3(Source: P.A. 94-435, eff. 8-2-05.)
 
4    (60 ILCS 1/205-105)
5    Sec. 205-105. Construction contracts; bids.
6    (a) All contracts for construction work whose estimated
7cost will exceed $20,000 shall be let to the lowest
8responsible bidder or the best value bidder after publication
9of notice for bids. Notice for bids shall be published once in
10a newspaper published and having general circulation in the
11township, if there is one. If there is no such newspaper,
12notice for bids shall be published in a newspaper published
13and having general circulation in the county. Notice for bids
14shall be published at least 10 days before the date set for
15receiving bids. Bids shall be opened and publicly read, and an
16award shall be made to the lowest responsible bidder or the
17best value bidder within 15 days after the receipt of bids.
18    A township board that awards a contract to a best value
19bidder must approve the contract by resolution that states
20with specificity the reasons why the bidder is the best value
21bidder. The resolution must include the identity of an officer
22or director of the bidder who is a family member of a board
23member, is a person with whom a board member maintains a close
24economic association, or is a person with whom a board member
25maintains a close political association.

 

 

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1    As used in this Section:
2    "Best value" means the result determined by a procurement
3method that considers price and other criteria reflecting an
4objective and quantifiable analysis, including consideration
5of some or all of the following factors: (1) the quality of the
6bidder's performance on previous projects; (2) the timeliness
7of the bidder's performance on previous projects; (3) the
8level of customer satisfaction with the bidder's performance
9on previous projects; (4) the bidder's record of performing
10previous projects on budget and ability to minimize cost
11overruns; (5) the bidder's ability to minimize change orders;
12(6) the bidder's ability to prepare appropriate project plans;
13(7) the bidder's technical capabilities; (8) the individual
14qualifications of the bidder's key personnel; (9) the bidder's
15ability to assess and minimize risks; (10) the bidder's
16ability to meet the goals established by the township board
17for the awarding of contracts to minority-owned businesses,
18women-owned businesses, and businesses owned by persons with
19disabilities; and (11) maintenance costs and life span of the
20project.
21    "Family member" means a board member's spouse, children,
22step-children, parents, step-parents, siblings,
23step-siblings, half-siblings, sons-in-law, daughters-in-law,
24grandparents, and grandchildren, as well as the parents and
25grandparents of the board member's spouse and a person living
26with the board member.

 

 

10200HB4393ham001- 6 -LRB102 23518 AWJ 35620 a

1    "Person with whom a board member maintains a close
2economic association" means a person associated with the board
3member in a partnership, association or professional service
4corporation, whether as partner, officer, employee, associate,
5or otherwise.
6    "Person with whom a board member maintains a close
7political association" means a person who has made a campaign
8contribution to a political committee supporting a board
9member or a political committee of which a board member is an
10officer, is a candidate or is an officer of a political
11committee that has received a campaign contribution from a
12board member, or is an officer of a political committee
13supporting a board member.
14    (b) This Section shall not apply to engineering, legal, or
15other professional services, but it shall apply to the
16purchase of equipment unless the township board, by a
17resolution adopted by a three-fourths vote, determines that it
18is for the best interests of the township that advertising for
19bids for the equipment be dispensed with.
20(Source: P.A. 95-300, eff. 8-20-07.)
 
21    Section 10. The Illinois Municipal Code is amended by
22changing Sections 4-5-11 and 8-9-1 as follows:
 
23    (65 ILCS 5/4-5-11)  (from Ch. 24, par. 4-5-11)
24    Sec. 4-5-11. Except as otherwise provided, all contracts,

 

 

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1of whatever character, pertaining to public improvement, or to
2the maintenance of the public property of a municipality
3involving an outlay of $10,000 or more, shall be based upon
4specifications to be approved by the council. Any work or
5other public improvement which is not to be paid for in whole
6or in part by special assessment or special taxation, when the
7expense thereof will exceed $25,000, shall be constructed as
8follows:
9        (1) By a contract let to the lowest responsible bidder
10    or the best value bidder after advertising for bids, in
11    the manner prescribed by ordinance, except that any such
12    contract may be entered into by the proper officers
13    without advertising for bids, if authorized by a vote of 4
14    of the 5 council members elected; or
15        (2) In the following manner, if authorized by a vote
16    of 4 of the 5 council members elected: the commissioner of
17    public works or other proper officers to be designated by
18    ordinance, shall superintend and cause to be carried out
19    the construction of the work or other public improvement
20    and shall employ exclusively for the performance of all
21    manual labor thereon, laborers and artisans whom the city
22    or village shall pay by the day or hour, but all material
23    of the value of $25,000 and upward used in the
24    construction of the work or other public improvement,
25    shall be purchased by contract let to the lowest
26    responsible bidder or the best value bidder in the manner

 

 

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1    to be prescribed by ordinance.
2    A city council that awards a contract to a best value
3bidder must approve the contract by resolution that states
4with specificity the reasons why the bidder is the best value
5bidder. The resolution must include the identity of an officer
6or director of the bidder who is a family member of a city
7council member, is a person with whom a city council member
8maintains a close economic association, or is a person with
9whom a city council member maintains a close political
10association.
11    As used in this Section:
12    "Best value" means the result determined by a procurement
13method that considers price and other criteria reflecting an
14objective and quantifiable analysis, including consideration
15of some or all of the following factors: (1) the quality of the
16bidder's performance on previous projects; (2) the timeliness
17of the bidder's performance on previous projects; (3) the
18level of customer satisfaction with the bidder's performance
19on previous projects; (4) the bidder's record of performing
20previous projects on budget and ability to minimize cost
21overruns; (5) the bidder's ability to minimize change orders;
22(6) the bidder's ability to prepare appropriate project plans;
23(7) the bidder's technical capabilities; (8) the individual
24qualifications of the bidder's key personnel; (9) the bidder's
25ability to assess and minimize risks; (10) the bidder's
26ability to meet the goals established by the city council for

 

 

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1the awarding of contracts to minority-owned businesses,
2women-owned businesses, and businesses owned by persons with
3disabilities; and (11) maintenance costs and life span of the
4project.
5    "Family member" means a city council member's spouse,
6children, step-children, parents, step-parents, siblings,
7step-siblings, half-siblings, sons-in-law, daughters-in-law,
8grandparents, and grandchildren, as well as the parents and
9grandparents of the city council member's spouse and a person
10living with the city council member.
11    "Person with whom a city council member maintains a close
12economic association" means a person associated with the city
13council member in a partnership, association or professional
14service corporation, whether as partner, officer, employee,
15associate, or otherwise.
16    "Person with whom a city council member maintains a close
17political association" means a person who has made a campaign
18contribution to a political committee supporting a city
19council member or a political committee of which a city
20council member is an officer, is a candidate or is an officer
21of a political committee that has received a campaign
22contribution from a city council member, or is an officer of a
23political committee supporting a city council member.
24    Nothing contained in this Section shall apply to any
25contract by a municipality with the United States of America
26or any agency thereof.

 

 

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1(Source: P.A. 100-338, eff. 8-25-17.)
 
2    (65 ILCS 5/8-9-1)  (from Ch. 24, par. 8-9-1)
3    Sec. 8-9-1. In municipalities of less than 500,000 except
4as otherwise provided in Articles 4 and 5 any work or other
5public improvement which is not to be paid for in whole or in
6part by special assessment or special taxation, when the
7expense thereof will exceed $25,000, shall be constructed
8either (1) by a contract let to the lowest responsible bidder
9or the best value bidder after advertising for bids, in the
10manner prescribed by ordinance, except that any such contract
11may be entered into by the proper officers without advertising
12for bids, if authorized by a vote of two-thirds of all the
13alderpersons or trustees then holding office; or (2) in the
14following manner, if authorized by a vote of two-thirds of all
15the alderpersons or trustees then holding office, to-wit: the
16commissioner of public works or other proper officers to be
17designated by ordinance, shall superintend and cause to be
18carried out the construction of the work or other public
19improvement and shall employ exclusively for the performance
20of all manual labor thereon, laborers and artisans whom the
21municipality shall pay by the day or hour; and all material of
22the value of $25,000 and upward used in the construction of the
23work or other public improvement, shall be purchased by
24contract let to the lowest responsible bidder or the best
25value bidder in the manner to be prescribed by ordinance.

 

 

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1However, nothing contained in this Section shall apply to any
2contract by a city, village or incorporated town with the
3federal government or any agency thereof.
4    A city council that awards a contract to a best value
5bidder must approve the contract by resolution that states
6with specificity the reasons why the bidder is the best value
7bidder. The resolution must include the identity of an officer
8or director of the bidder who is a family member of a city
9council member, is a person with whom a city council member
10maintains a close economic association, or is a person with
11whom a city council member maintains a close political
12association.
13    As used in this Section:
14    "Best value" means the result determined by a procurement
15method that considers price and other criteria reflecting an
16objective and quantifiable analysis, including consideration
17of some or all of the following factors: (1) the quality of the
18bidder's performance on previous projects; (2) the timeliness
19of the bidder's performance on previous projects; (3) the
20level of customer satisfaction with the bidder's performance
21on previous projects; (4) the bidder's record of performing
22previous projects on budget and ability to minimize cost
23overruns; (5) the bidder's ability to minimize change orders;
24(6) the bidder's ability to prepare appropriate project plans;
25(7) the bidder's technical capabilities; (8) the individual
26qualifications of the bidder's key personnel; (9) the bidder's

 

 

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1ability to assess and minimize risks; (10) the bidder's
2ability to meet the goals established by the city council for
3the awarding of contracts to minority-owned businesses,
4women-owned businesses, and businesses owned by persons with
5disabilities; and (11) maintenance costs and life span of the
6project.
7    "Family member" means a city council member's spouse,
8children, step-children, parents, step-parents, siblings,
9step-siblings, half-siblings, sons-in-law, daughters-in-law,
10grandparents, and grandchildren, as well as the parents and
11grandparents of the city council member's spouse and a person
12living with the city council member.
13    "Person with whom a city council member maintains a close
14economic association" means a person associated with the city
15council member in a partnership, association or professional
16service corporation, whether as partner, officer, employee,
17associate, or otherwise.
18    "Person with whom a city council member maintains a close
19political association" means a person who has made a campaign
20contribution to a political committee supporting a city
21council member or a political committee of which a city
22council member is an officer, is a candidate or is an officer
23of a political committee that has received a campaign
24contribution from a city council member, or is an officer of a
25political committee supporting a city council member.
26    In every city which has adopted Division 1 of Article 10,

 

 

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1every such laborer or artisan shall be certified by the civil
2service commission to the commissioner of public works or
3other proper officers, in accordance with the requirement of
4that division.
5    In municipalities of 500,000 or more population the
6letting of contracts for work or other public improvements of
7the character described in this Section shall be governed by
8the provisions of Division 10 of this Article 8.
9(Source: P.A. 102-15, eff. 6-17-21.)
 
10    Section 15. The Downstate Forest Preserve District Act is
11amended by changing Section 8 as follows:
 
12    (70 ILCS 805/8)  (from Ch. 96 1/2, par. 6315)
13    (Text of Section before amendment by P.A. 102-460)
14    Sec. 8. Powers and duties of corporate authority and
15officers; contracts; salaries.
16    (a) The board shall be the corporate authority of such
17forest preserve district and shall have power to pass and
18enforce all necessary ordinances, rules and regulations for
19the management of the property and conduct of the business of
20such district. The president of such board shall have power to
21appoint such employees as may be necessary. In counties with
22population of less than 3,000,000, within 60 days after their
23selection the commissioners appointed under the provisions of
24Section 3a of this Act shall organize by selecting from their

 

 

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1members a president, vice president, secretary, treasurer and
2such other officers as are deemed necessary who shall hold
3office for the fiscal year in which elected and until their
4successors are selected and qualify. In the one district in
5existence on July 1, 1977, that is managed by an appointed
6board of commissioners, the incumbent president and the other
7officers appointed in the manner as originally prescribed in
8this Act shall hold such offices until the completion of their
9respective terms or in the case of the officers other than
10president until their successors are appointed by said
11president, but in all cases not to extend beyond January 1,
121980 and until their successors are selected and qualify.
13Thereafter, the officers shall be selected in the manner as
14prescribed in this Section except that their first term of
15office shall not expire until June 30, 1981 and until their
16successors are selected and qualify.
17    (a-5) An officer selected pursuant to subsection (a) may
18be removed, with or without cause, upon a motion adopted by an
19affirmative vote of four-fifths of the board of the forest
20preserve district. Upon adoption of a motion to remove an
21officer: (i) the office becomes vacant and the former
22officer's compensation shall be prorated to the date the
23motion was approved; (ii) if the officer removed is the
24president then the vice president immediately assumes the
25duties of the president without president compensation and, if
26the officer removed is the vice president, treasurer, or

 

 

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1secretary, then the president shall select an interim
2appointee who shall serve until the next regularly scheduled
3forest preserve district board meeting; and (iii) a new
4officer shall be selected at the next regularly scheduled
5forest preserve district board meeting. An officer removed
6under this Section maintains his or her status as a member of
7the forest preserve district board.
8    (b) In any county, city, village, incorporated town or
9sanitary district where the corporate authorities act as the
10governing body of a forest preserve district, the person
11exercising the powers of the president of the board shall have
12power to appoint a secretary and an assistant secretary and
13treasurer and an assistant treasurer and such other officers
14and such employees as may be necessary. The assistant
15secretary and assistant treasurer shall perform the duties of
16the secretary and treasurer, respectively in case of death of
17such officers or when such officers are unable to perform the
18duties of their respective offices. All contracts for
19supplies, material or work involving an expenditure in excess
20of $25,000, or a lower amount if required by board policy,
21shall be let to the lowest responsible bidder, after
22advertising at least once in one or more newspapers of general
23circulation within the district, excepting work requiring
24personal confidence or necessary supplies under the control of
25monopolies, where competitive bidding is impossible. Contracts
26for supplies, material or work involving an expenditure of

 

 

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1$25,000, or a lower amount if required by board policy, or less
2may be let without advertising for bids, but whenever
3practicable, at least 3 competitive bids shall be obtained
4before letting such contract. All contracts for supplies,
5material or work shall be signed by the president of the board
6of commissioners or by any such other officer as the board in
7its discretion may designate.
8    (c) The president of any board of commissioners appointed
9under the provisions of Section 3a of this Act shall receive a
10salary not to exceed the sum of $2500 per annum and the salary
11of other members of the board so appointed shall not exceed
12$1500 per annum. Salaries of the commissioners, officers and
13employees shall be fixed by ordinance.
14    (d) Whenever a forest preserve district owns any personal
15property that, in the opinion of three-fifths of the members
16of the board of commissioners, is no longer necessary, useful
17to, or for the best interests of the forest preserve district,
18then three-fifths of the members of the board, at any regular
19meeting or any special meeting called for that purpose by an
20ordinance or resolution that includes a general description of
21the personal property, may authorize the conveyance or sale of
22that personal property in any manner that they may designate,
23with or without advertising the sale.
24(Source: P.A. 101-544, eff. 8-23-19.)
 
25    (Text of Section after amendment by P.A. 102-460)

 

 

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1    Sec. 8. Powers and duties of corporate authority and
2officers; contracts; salaries.
3    (a) The board shall be the corporate authority of such
4forest preserve district and shall have power to pass and
5enforce all necessary ordinances, rules and regulations for
6the management of the property and conduct of the business of
7such district. The president of such board shall have power to
8appoint such employees as may be necessary. In counties with
9population of less than 3,000,000, within 60 days after their
10selection the commissioners appointed under the provisions of
11Section 3a of this Act shall organize by selecting from their
12members a president, vice president, secretary, treasurer and
13such other officers as are deemed necessary who shall hold
14office for the fiscal year in which elected and until their
15successors are selected and qualify. In the one district in
16existence on July 1, 1977, that is managed by an appointed
17board of commissioners, the incumbent president and the other
18officers appointed in the manner as originally prescribed in
19this Act shall hold such offices until the completion of their
20respective terms or in the case of the officers other than
21president until their successors are appointed by said
22president, but in all cases not to extend beyond January 1,
231980 and until their successors are selected and qualify.
24Thereafter, the officers shall be selected in the manner as
25prescribed in this Section except that their first term of
26office shall not expire until June 30, 1981 and until their

 

 

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1successors are selected and qualify.
2    (a-5) An officer selected pursuant to subsection (a) may
3be removed, with or without cause, upon a motion adopted by an
4affirmative vote of four-fifths of the board of the forest
5preserve district. Upon adoption of a motion to remove an
6officer: (i) the office becomes vacant and the former
7officer's compensation shall be prorated to the date the
8motion was approved; (ii) if the officer removed is the
9president then the vice president immediately assumes the
10duties of the president without president compensation and, if
11the officer removed is the vice president, treasurer, or
12secretary, then the president shall select an interim
13appointee who shall serve until the next regularly scheduled
14forest preserve district board meeting; and (iii) a new
15officer shall be selected at the next regularly scheduled
16forest preserve district board meeting. An officer removed
17under this Section maintains his or her status as a member of
18the forest preserve district board.
19    (b) In any county, city, village, incorporated town or
20sanitary district where the corporate authorities act as the
21governing body of a forest preserve district, the person
22exercising the powers of the president of the board shall have
23power to appoint a secretary and an assistant secretary and
24treasurer and an assistant treasurer and such other officers
25and such employees as may be necessary. The assistant
26secretary and assistant treasurer shall perform the duties of

 

 

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1the secretary and treasurer, respectively in case of death of
2such officers or when such officers are unable to perform the
3duties of their respective offices. All contracts for
4supplies, material or work involving an expenditure in excess
5of $30,000, or a lower amount if required by board policy,
6shall be let to the lowest responsible bidder or the best value
7bidder, after advertising at least once in one or more
8newspapers of general circulation within the district,
9excepting work requiring personal confidence or necessary
10supplies under the control of monopolies, where competitive
11bidding is impossible, or as otherwise provided in the Forest
12Preserve District and Conservation District Design-Build
13Authorization Act. Contracts for supplies, material or work
14involving an expenditure of $30,000, or a lower amount if
15required by board policy, or less may be let without
16advertising for bids, but whenever practicable, at least 3
17competitive bids shall be obtained before letting such
18contract. All contracts for supplies, material or work shall
19be signed by the president of the board of commissioners or by
20any such other officer as the board in its discretion may
21designate.
22    A board that awards a contract to a best value bidder must
23approve the contract by resolution that states with
24specificity the reasons why the bidder is the best value
25bidder. The resolution must include the identity of an officer
26or director of the bidder who is a family member of a board

 

 

10200HB4393ham001- 20 -LRB102 23518 AWJ 35620 a

1member, is a person with whom a board member maintains a close
2economic association, or is a person with whom a board member
3maintains a close political association.
4    As used in this Section:
5    "Best value" means the result determined by a procurement
6method that considers price and other criteria reflecting an
7objective and quantifiable analysis, including consideration
8of some or all of the following factors: (1) the quality of the
9bidder's performance on previous projects; (2) the timeliness
10of the bidder's performance on previous projects; (3) the
11level of customer satisfaction with the bidder's performance
12on previous projects; (4) the bidder's record of performing
13previous projects on budget and ability to minimize cost
14overruns; (5) the bidder's ability to minimize change orders;
15(6) the bidder's ability to prepare appropriate project plans;
16(7) the bidder's technical capabilities; (8) the individual
17qualifications of the bidder's key personnel; (9) the bidder's
18ability to assess and minimize risks; (10) the bidder's
19ability to meet the goals established by the board for the
20awarding of contracts to minority-owned businesses,
21women-owned businesses, and businesses owned by persons with
22disabilities; and (11) maintenance costs and life span of the
23project.
24    "Family member" means a board member's spouse, children,
25step-children, parents, step-parents, siblings,
26step-siblings, half-siblings, sons-in-law, daughters-in-law,

 

 

10200HB4393ham001- 21 -LRB102 23518 AWJ 35620 a

1grandparents, and grandchildren, as well as the parents and
2grandparents of the board member's spouse and a person living
3with the board member.
4    "Person with whom a board member maintains a close
5economic association" means a person associated with the board
6member in a partnership, association or professional service
7corporation, whether as partner, officer, employee, associate,
8or otherwise.
9    "Person with whom a board member maintains a close
10political association" means a person who has made a campaign
11contribution to a political committee supporting a board
12member or a political committee of which a board member is an
13officer, is a candidate or is an officer of a political
14committee that has received a campaign contribution from a
15board member, or is an officer of a political committee
16supporting a board member.
17    (c) The president of any board of commissioners appointed
18under the provisions of Section 3a of this Act shall receive a
19salary not to exceed the sum of $2500 per annum and the salary
20of other members of the board so appointed shall not exceed
21$1500 per annum. Salaries of the commissioners, officers and
22employees shall be fixed by ordinance.
23    (d) Whenever a forest preserve district owns any personal
24property that, in the opinion of three-fifths of the members
25of the board of commissioners, is no longer necessary, useful
26to, or for the best interests of the forest preserve district,

 

 

10200HB4393ham001- 22 -LRB102 23518 AWJ 35620 a

1then three-fifths of the members of the board, at any regular
2meeting or any special meeting called for that purpose by an
3ordinance or resolution that includes a general description of
4the personal property, may authorize the conveyance or sale of
5that personal property in any manner that they may designate,
6with or without advertising the sale.
7(Source: P.A. 101-544, eff. 8-23-19; 102-460, eff. 6-1-22.)
 
8    Section 20. The Park District Code is amended by changing
9Section 8-1 as follows:
 
10    (70 ILCS 1205/8-1)  (from Ch. 105, par. 8-1)
11    Sec. 8-1. General corporate powers. Every park district
12shall, from the time of its organization, be a body corporate
13and politic by the name set forth in the petition for its
14organization, the specific name set forth in this Code, or the
15name it may adopt under Section 8-9 and shall have and exercise
16the following powers:
17        (a) To adopt a corporate seal and alter the same at
18    pleasure; to sue and be sued; and to contract in
19    furtherance of any of its corporate purposes.
20        (b)(1) To acquire by gift, legacy, grant or purchase,
21    or by condemnation in the manner provided for the exercise
22    of the power of eminent domain under the Eminent Domain
23    Act, any and all real estate, or rights therein necessary
24    for building, laying out, extending, adorning and

 

 

10200HB4393ham001- 23 -LRB102 23518 AWJ 35620 a

1    maintaining any such parks, boulevards and driveways, or
2    for effecting any of the powers or purposes granted under
3    this Code as its board may deem proper, whether such lands
4    be located within or without such district; but no park
5    district, except as provided in paragraph (2) of this
6    subsection, shall have any power of condemnation in the
7    manner provided for the exercise of the power of eminent
8    domain under the Eminent Domain Act or otherwise as to any
9    real estate, lands, riparian rights or estate, or other
10    property situated outside of such district, but shall only
11    have power to acquire the same by gift, legacy, grant or
12    purchase, and such district shall have the same control of
13    and power over lands so acquired without the district as
14    over parks, boulevards and driveways within such district.
15        (2) In addition to the powers granted in paragraph (1)
16    of subsection (b), a park district located in more than
17    one county, the majority of its territory located in a
18    county over 450,000 in population and none of its
19    territory located in a county over 1,000,000 in
20    population, shall have condemnation power in the manner
21    provided for the exercise of the power of eminent domain
22    under the Eminent Domain Act or as otherwise granted by
23    law as to any and all real estate situated up to one mile
24    outside of such district which is not within the
25    boundaries of another park district.
26        (c) To acquire by gift, legacy or purchase any

 

 

10200HB4393ham001- 24 -LRB102 23518 AWJ 35620 a

1    personal property necessary for its corporate purposes
2    provided that all contracts for supplies, materials or
3    work involving an expenditure in excess of $25,000, or a
4    lower amount if required by board policy, shall be let to
5    the lowest responsible bidder or the best value bidder
6    after due advertisement. No district shall be required to
7    accept a bid that does not meet the district's established
8    specifications, terms of delivery, quality, and
9    serviceability requirements. Contracts which, by their
10    nature, are not adapted to award by competitive bidding,
11    such as contracts for the services of individuals
12    possessing a high degree of professional skill where the
13    ability or fitness of the individual plays an important
14    part, contracts for the printing of finance committee
15    reports and departmental reports, contracts for the
16    printing or engraving of bonds, tax warrants and other
17    evidences of indebtedness, contracts for utility services
18    such as water, light, heat, telephone or telegraph,
19    contracts for fuel (such as diesel, gasoline, oil,
20    aviation, or propane), lubricants, or other petroleum
21    products, contracts for the use, purchase, delivery,
22    movement, or installation of data processing equipment,
23    software, or services and telecommunications and
24    interconnect equipment, software, or services, contracts
25    for duplicating machines and supplies, contracts for goods
26    or services procured from another governmental agency,

 

 

10200HB4393ham001- 25 -LRB102 23518 AWJ 35620 a

1    purchases of equipment previously owned by some entity
2    other than the district itself, and contracts for the
3    purchase of magazines, books, periodicals, pamphlets and
4    reports are not subject to competitive bidding. Contracts
5    for emergency expenditures are also exempt from
6    competitive bidding when the emergency expenditure is
7    approved by 3/4 of the members of the board.
8        All competitive bids for contracts involving an
9    expenditure in excess of $25,000, or a lower amount if
10    required by board policy, must be sealed by the bidder and
11    must be opened by a member or employee of the park board at
12    a public bid opening at which the contents of the bids must
13    be announced. Each bidder must receive at least 3 days
14    notice of the time and place of the bid opening.
15        A park district board that awards a contract to a best
16    value bidder must approve the contract by resolution that
17    states with specificity the reasons why the bidder is the
18    best value bidder. The resolution must include the
19    identity of an officer or director of the bidder who is a
20    family member of a board member, is a person with whom a
21    board member maintains a close economic association, or is
22    a person with whom a board member maintains a close
23    political association.
24        For purposes of this subsection: ,
25        "Best value" means the result determined by a
26    procurement method that considers price and other criteria

 

 

10200HB4393ham001- 26 -LRB102 23518 AWJ 35620 a

1    reflecting an objective and quantifiable analysis,
2    including consideration of some or all of the following
3    factors: (1) the quality of the bidder's performance on
4    previous projects; (2) the timeliness of the bidder's
5    performance on previous projects; (3) the level of
6    customer satisfaction with the bidder's performance on
7    previous projects; (4) the bidder's record of performing
8    previous projects on budget and ability to minimize cost
9    overruns; (5) the bidder's ability to minimize change
10    orders; (6) the bidder's ability to prepare appropriate
11    project plans; (7) the bidder's technical capabilities;
12    (8) the individual qualifications of the bidder's key
13    personnel; (9) the bidder's ability to assess and minimize
14    risks; (10) the bidder's ability to meet the goals
15    established by the board for the awarding of contracts to
16    minority-owned businesses, women-owned businesses, and
17    businesses owned by persons with disabilities; and (11)
18    maintenance costs and life span of the project.
19        "Due "due advertisement" includes, but is not limited
20    to, at least one public notice at least 10 days before the
21    bid date in a newspaper published in the district or, if no
22    newspaper is published in the district, in a newspaper of
23    general circulation in the area of the district.
24        "Family member" means a board member's spouse,
25    children, step-children, parents, step-parents, siblings,
26    step-siblings, half-siblings, sons-in-law,

 

 

10200HB4393ham001- 27 -LRB102 23518 AWJ 35620 a

1    daughters-in-law, grandparents, and grandchildren, as well
2    as the parents and grandparents of the board member's
3    spouse and a person living with the board member.
4        "Person with whom a board member maintains a close
5    economic association" means a person associated with the
6    board member in a partnership, association or professional
7    service corporation, whether as partner, officer,
8    employee, associate, or otherwise.
9        "Person with whom a board member maintains a close
10    political association" means a person who has made a
11    campaign contribution to a political committee supporting
12    a board member or a political committee of which a board
13    member is an officer, is a candidate or is an officer of a
14    political committee that has received a campaign
15    contribution from a board member, or is an officer of a
16    political committee supporting a board member.
17        (d) To pass all necessary ordinances, rules and
18    regulations for the proper management and conduct of the
19    business of the board and district and to establish by
20    ordinance all needful rules and regulations for the
21    government and protection of parks, boulevards and
22    driveways and other property under its jurisdiction, and
23    to effect the objects for which such districts are formed.
24        (e) To prescribe such fines and penalties for the
25    violation of ordinances as it shall deem proper not
26    exceeding $1,000 for any one offense, which fines and

 

 

10200HB4393ham001- 28 -LRB102 23518 AWJ 35620 a

1    penalties may be recovered by an action in the name of such
2    district in the circuit court for the county in which such
3    violation occurred. The park district may also seek in the
4    action, in addition to or instead of fines and penalties,
5    an order that the offender be required to make restitution
6    for damage resulting from violations, and the court shall
7    grant such relief where appropriate. The procedure in such
8    actions shall be the same as that provided by law for like
9    actions for the violation of ordinances in cities
10    organized under the general laws of this State, and
11    offenders may be imprisoned for non-payment of fines and
12    costs in the same manner as in such cities. All fines when
13    collected shall be paid into the treasury of such
14    district.
15        (f) To manage and control all officers and property of
16    such districts and to provide for joint ownership with one
17    or more cities, villages or incorporated towns of real and
18    personal property used for park purposes by one or more
19    park districts. In case of joint ownership, the terms of
20    the agreement shall be fair, just and equitable to all
21    parties and shall be set forth in a written agreement
22    entered into by the corporate authorities of each
23    participating district, city, village or incorporated
24    town.
25        (g) To secure grants and loans, or either, from the
26    United States Government, or any agency or agencies

 

 

10200HB4393ham001- 29 -LRB102 23518 AWJ 35620 a

1    thereof, for financing the acquisition or purchase of any
2    and all real estate, or rights therein, or for effecting
3    any of the powers or purposes granted under this Code as
4    its Board may deem proper.
5        (h) To establish fees for the use of facilities and
6    recreational programs of the districts and to derive
7    revenue from non-resident fees from their operations. Fees
8    charged non-residents of such district need not be the
9    same as fees charged to residents of the district.
10    Charging fees or deriving revenue from the facilities and
11    recreational programs shall not affect the right to assert
12    or utilize any defense or immunity, common law or
13    statutory, available to the districts or their employees.
14        (i) To make contracts for a term exceeding one year,
15    but not to exceed 3 years, notwithstanding any provision
16    of this Code to the contrary, relating to: (1) the
17    employment of a park director, superintendent,
18    administrator, engineer, health officer, land planner,
19    finance director, attorney, police chief, or other officer
20    who requires technical training or knowledge; (2) the
21    employment of outside professional consultants such as
22    engineers, doctors, land planners, auditors, attorneys, or
23    other professional consultants who require technical
24    training or knowledge; (3) the provision of data
25    processing equipment and services; and (4) the purchase of
26    energy from a utility or an alternative retail electric

 

 

10200HB4393ham001- 30 -LRB102 23518 AWJ 35620 a

1    supplier. With respect to any contract made under this
2    subsection (i), the corporate authorities shall include in
3    the annual appropriation ordinance for each fiscal year an
4    appropriation of a sum of money sufficient to pay the
5    amount which, by the terms of the contract, is to become
6    due and payable during that fiscal year.
7        (j) To enter into licensing or management agreements
8    with not-for-profit corporations organized under the laws
9    of this State to operate park district facilities if the
10    corporation covenants to use the facilities to provide
11    public park or recreational programs for youth.
12(Source: P.A. 101-304, eff. 8-9-19.)
 
13    Section 25. The Illinois Local Library Act is amended by
14changing Section 5-5 as follows:
 
15    (75 ILCS 5/5-5)  (from Ch. 81, par. 5-5)
16    Sec. 5-5. When the board determines to commence the
17construction of the building or the remodeling, repairing or
18improving of an existing library building or the erection of
19an addition thereto, the purchase of the necessary equipment
20for such library, or the acquisition of library materials such
21as books, periodicals, recordings and electronic data storage
22and retrieval facilities in connection with either the
23purchase or construction of a new library building or the
24expansion of an existing library building, they may then

 

 

10200HB4393ham001- 31 -LRB102 23518 AWJ 35620 a

1revise the plan therefor or adopt a new plan and provide
2estimates of the costs thereof, and shall, when the cost is in
3excess of $25,000, advertise for bids for the construction of
4the building, or the remodeling, repairing or improving of an
5existing library building or the erection of an addition
6thereto, or the purchase of the necessary equipment for such
7library, or the acquisition of library materials such as
8books, periodicals, recordings and electronic data storage and
9retrieval facilities in connection with either the purchase or
10construction of a new library building or the expansion of an
11existing library building, and shall let the contract or
12contracts for the same, when the cost is in excess of $25,000,
13to the lowest responsible bidder or bidders or to the best
14value bidder or bidders.
15    The board shall not be required to accept a bid that does
16not meet the library's established specifications, terms of
17delivery, quality, and serviceability requirements. Contracts
18which, by their nature, are not adapted to award by
19competitive bidding, are not subject to competitive bidding,
20including, but not limited to:
21        (1) contracts for the services of individuals
22    possessing a high degree of professional skill where the
23    ability or fitness of the individual plays an important
24    part;
25        (2) contracts for the printing of finance committee
26    reports and departmental reports;

 

 

10200HB4393ham001- 32 -LRB102 23518 AWJ 35620 a

1        (3) contracts for the printing or engraving of bonds,
2    tax warrants and other evidences of indebtedness;
3        (4) contracts for the maintenance or servicing of, or
4    provision of repair parts for, equipment which are made
5    with the manufacturer or authorized service agent of that
6    equipment where the provision of parts, maintenance, or
7    servicing can best be performed by the manufacturer or
8    authorized service agent;
9        (5) purchases and contracts for the use, purchase,
10    delivery, movement, or installation of data processing
11    equipment, software, or services and telecommunications
12    and interconnect equipment, software, and services;
13        (6) contracts for duplicating machines and supplies;
14        (7) contracts for utility services such as water,
15    light, heat, telephone or telegraph;
16        (8) contracts for goods or services procured from
17    another governmental agency;
18        (9) purchases of equipment previously owned by some
19    entity other than the library itself; and
20        (10) contracts for goods or services which are
21    economically procurable from only one source, such as for
22    the purchase of magazines, books, periodicals, pamphlets,
23    and reports.
24    Contracts for emergency expenditures are also exempt from
25competitive bidding when the emergency expenditure is approved
26by 3/4 of the members of the board.

 

 

10200HB4393ham001- 33 -LRB102 23518 AWJ 35620 a

1    The board shall require from such bidders security for the
2performance of the bids determined by the board pursuant to
3law. The board may let the contract or contracts to one or more
4bidders, as they shall determine.
5    A board that awards a contract to a best value bidder must
6approve the contract by resolution that states with
7specificity the reasons why the bidder is the best value
8bidder. The resolution must include the identity of an officer
9or director of the bidder who is a family member of a board
10member, is a person with whom a board member maintains a close
11economic association, or is a person with whom a board member
12maintains a close political association.
13    As used in this Section:
14    "Best value" means the result determined by a procurement
15method that considers price and other criteria reflecting an
16objective and quantifiable analysis, including consideration
17of some or all of the following factors: (1) the quality of the
18bidder's performance on previous projects; (2) the timeliness
19of the bidder's performance on previous projects; (3) the
20level of customer satisfaction with the bidder's performance
21on previous projects; (4) the bidder's record of performing
22previous projects on budget and ability to minimize cost
23overruns; (5) the bidder's ability to minimize change orders;
24(6) the bidder's ability to prepare appropriate project plans;
25(7) the bidder's technical capabilities; (8) the individual
26qualifications of the bidder's key personnel; (9) the bidder's

 

 

10200HB4393ham001- 34 -LRB102 23518 AWJ 35620 a

1ability to assess and minimize risks; (10) the bidder's
2ability to meet the goals established by the board for the
3awarding of contracts to minority-owned businesses,
4women-owned businesses, and businesses owned by persons with
5disabilities; and (11) maintenance costs and life span of the
6project.
7    "Family member" means a board member's spouse, children,
8step-children, parents, step-parents, siblings,
9step-siblings, half-siblings, sons-in-law, daughters-in-law,
10grandparents, and grandchildren, as well as the parents and
11grandparents of the board member's spouse and a person living
12with the board member.
13    "Person with whom a board member maintains a close
14economic association" means a person associated with the board
15member in a partnership, association or professional service
16corporation, whether as partner, officer, employee, associate,
17or otherwise.
18    "Person with whom a board member maintains a close
19political association" means a person who has made a campaign
20contribution to a political committee supporting a board
21member or a political committee of which a board member is an
22officer, is a candidate or is an officer of a political
23committee that has received a campaign contribution from a
24board member, or is an officer of a political committee
25supporting a board member.
26(Source: P.A. 100-338, eff. 8-25-17.)
 

 

 

10200HB4393ham001- 35 -LRB102 23518 AWJ 35620 a

1    Section 30. The Public Library District Act of 1991 is
2amended by changing Section 40-45 as follows:
 
3    (75 ILCS 16/40-45)
4    Sec. 40-45. Bids for construction, improvements, or
5equipment purchases.
6    (a) When the trustees determine to commence constructing
7the building, purchasing a site or a building, remodeling,
8repairing, or improving an existing library building, erecting
9an addition to an existing library building, or purchasing the
10necessary equipment for the library, they may then revise the
11plan or adopt a new plan and provide estimates of the costs of
12the revised or new plan.
13    (b) The board shall, when the cost is in excess of $25,000,
14advertise for bids for constructing the building, remodeling,
15repairing, or improving of an existing library building,
16erecting an addition to an existing library building, or
17purchasing the necessary equipment for the library and shall
18let the contract or contracts for the project, when the cost is
19in excess of $25,000, to the lowest responsible bidder or
20bidders or the best value bidder or bidders. The board shall
21not be required to accept a bid that does not meet the
22library's established specifications, terms of delivery,
23quality, and serviceability requirements. Contracts which, by
24their nature, are not adapted to award by competitive bidding,

 

 

10200HB4393ham001- 36 -LRB102 23518 AWJ 35620 a

1are not subject to competitive bidding, including, but not
2limited to:
3        (1) contracts for the services of individuals
4    possessing a high degree of professional skill where the
5    ability or fitness of the individual plays an important
6    part;
7        (2) contracts for the printing of finance committee
8    reports and departmental reports;
9        (3) contracts for the printing or engraving of bonds,
10    tax warrants and other evidences of indebtedness;
11        (4) contracts for the maintenance or servicing of, or
12    provision of repair parts for, equipment which are made
13    with the manufacturer or authorized service agent of that
14    equipment where the provision of parts, maintenance, or
15    servicing can best be performed by the manufacturer or
16    authorized service agent;
17        (5) purchases and contracts for the use, purchase,
18    delivery, movement, or installation of data processing
19    equipment, software, or services and telecommunications
20    and interconnect equipment, software, and services;
21        (6) contracts for duplicating machines and supplies;
22        (7) contracts for utility services such as water,
23    light, heat, telephone or telegraph;
24        (8) contracts for goods or services procured from
25    another governmental agency;
26        (9) purchases of equipment previously owned by some

 

 

10200HB4393ham001- 37 -LRB102 23518 AWJ 35620 a

1    entity other than the library itself; and
2        (10) contracts for goods or services which are
3    economically procurable from only one source, such as for
4    the purchase of magazines, books, periodicals, pamphlets,
5    and reports.
6    Contracts for emergency expenditures are also exempt from
7competitive bidding when the emergency expenditure is approved
8by 3/4 of the members of the board.
9    The board shall require from the bidders security for the
10performance of the bids determined by the board pursuant to
11law. The trustees may let the contract or contracts to one or
12more bidders as they determine.
13    A board that awards a contract to a best value bidder must
14approve the contract by resolution that states with
15specificity the reasons why the bidder is the best value
16bidder. The resolution must include the identity of an officer
17or director of the bidder who is a family member of a board
18member, is a person with whom a board member maintains a close
19economic association, or is a person with whom a board member
20maintains a close political association.
21    As used in this Section:
22    "Best value" means the result determined by a procurement
23method that considers price and other criteria reflecting an
24objective and quantifiable analysis, including consideration
25of some or all of the following factors: (1) the quality of the
26bidder's performance on previous projects; (2) the timeliness

 

 

10200HB4393ham001- 38 -LRB102 23518 AWJ 35620 a

1of the bidder's performance on previous projects; (3) the
2level of customer satisfaction with the bidder's performance
3on previous projects; (4) the bidder's record of performing
4previous projects on budget and ability to minimize cost
5overruns; (5) the bidder's ability to minimize change orders;
6(6) the bidder's ability to prepare appropriate project plans;
7(7) the bidder's technical capabilities; (8) the individual
8qualifications of the bidder's key personnel; (9) the bidder's
9ability to assess and minimize risks; (10) the bidder's
10ability to meet the goals established by the board for the
11awarding of contracts to minority-owned businesses,
12women-owned businesses, and businesses owned by persons with
13disabilities; and (11) maintenance costs and life span of the
14project.
15    "Family member" means a board member's spouse, children,
16step-children, parents, step-parents, siblings,
17step-siblings, half-siblings, sons-in-law, daughters-in-law,
18grandparents, and grandchildren, as well as the parents and
19grandparents of the board member's spouse and a person living
20with the board member.
21    "Person with whom a board member maintains a close
22economic association" means a person associated with the board
23member in a partnership, association or professional service
24corporation, whether as partner, officer, employee, associate,
25or otherwise.
26    "Person with whom a board member maintains a close

 

 

10200HB4393ham001- 39 -LRB102 23518 AWJ 35620 a

1political association" means a person who has made a campaign
2contribution to a political committee supporting a board
3member or a political committee of which a board member is an
4officer, is a candidate or is an officer of a political
5committee that has received a campaign contribution from a
6board member, or is an officer of a political committee
7supporting a board member.
8(Source: P.A. 100-338, eff. 8-25-17.)
 
9    Section 35. The School Code is amended by changing Section
1010-20.21 as follows:
 
11    (105 ILCS 5/10-20.21)
12    Sec. 10-20.21. Contracts.
13    (a) To award all contracts for purchase of supplies and
14materials or work involving an expenditure in excess of
15$25,000 or a lower amount as required by board policy to the
16lowest responsible bidder or the best value bidder,
17considering conformity with specifications, terms of delivery,
18quality and serviceability, after due advertisement, except
19the following: (i) contracts for the services of individuals
20possessing a high degree of professional skill where the
21ability or fitness of the individual plays an important part;
22(ii) contracts for the printing of finance committee reports
23and departmental reports; (iii) contracts for the printing or
24engraving of bonds, tax warrants and other evidences of

 

 

10200HB4393ham001- 40 -LRB102 23518 AWJ 35620 a

1indebtedness; (iv) contracts for the purchase of perishable
2foods and perishable beverages; (v) contracts for materials
3and work which have been awarded to the lowest responsible
4bidder or the best value bidder after due advertisement, but
5due to unforeseen revisions, not the fault of the contractor
6for materials and work, must be revised causing expenditures
7not in excess of 10% of the contract price; (vi) contracts for
8the maintenance or servicing of, or provision of repair parts
9for, equipment which are made with the manufacturer or
10authorized service agent of that equipment where the provision
11of parts, maintenance, or servicing can best be performed by
12the manufacturer or authorized service agent; (vii) purchases
13and contracts for the use, purchase, delivery, movement, or
14installation of data processing equipment, software, or
15services and telecommunications and interconnect equipment,
16software, and services; (viii) contracts for duplicating
17machines and supplies; (ix) contracts for the purchase of
18fuel, including diesel, gasoline, oil, aviation, natural gas,
19or propane, lubricants, or other petroleum products; (x)
20purchases of equipment previously owned by some entity other
21than the district itself; (xi) contracts for repair,
22maintenance, remodeling, renovation, or construction, or a
23single project involving an expenditure not to exceed $50,000
24and not involving a change or increase in the size, type, or
25extent of an existing facility; (xii) contracts for goods or
26services procured from another governmental agency; (xiii)

 

 

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1contracts for goods or services which are economically
2procurable from only one source, such as for the purchase of
3magazines, books, periodicals, pamphlets and reports, and for
4utility services such as water, light, heat, telephone or
5telegraph; (xiv) where funds are expended in an emergency and
6such emergency expenditure is approved by 3/4 of the members
7of the board; (xv) State master contracts authorized under
8Article 28A of this Code; and (xvi) contracts providing for
9the transportation of pupils, which contracts must be
10advertised in the same manner as competitive bids and awarded
11by first considering the bidder or bidders most able to
12provide safety and comfort for the pupils, stability of
13service, and any other factors set forth in the request for
14proposal regarding quality of service, and then price.
15However, at no time shall a cause of action lie against a
16school board for awarding a pupil transportation contract per
17the standards set forth in this subsection (a) unless the
18cause of action is based on fraudulent conduct.
19    A school board that awards a contract to a best value
20bidder must approve the contract by resolution that states
21with specificity the reasons why the bidder is the best value
22bidder. The resolution must include the identity of an officer
23or director of the bidder who is a family member of a board
24member, is a person with whom a board member maintains a close
25economic association, or is a person with whom a board member
26maintains a close political association.

 

 

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1    Notwithstanding a provision of this Section to the
2contrary, a school board that awards a competitively bid
3contract in excess of $25,000 to a third party for
4non-instructional services currently performed by a employee
5or bargaining unit member may only award such a contract to the
6lowest responsible bidder.
7    As used in this Section:
8    "Best value" means the result determined by a procurement
9method that considers price and other criteria reflecting an
10objective and quantifiable analysis, including consideration
11of some or all of the following factors: (1) the quality of the
12bidder's performance on previous projects; (2) the timeliness
13of the bidder's performance on previous projects; (3) the
14level of customer satisfaction with the bidder's performance
15on previous projects; (4) the bidder's record of performing
16previous projects on budget and ability to minimize cost
17overruns; (5) the bidder's ability to minimize change orders;
18(6) the bidder's ability to prepare appropriate project plans;
19(7) the bidder's technical capabilities; (8) the individual
20qualifications of the bidder's key personnel; (9) the bidder's
21ability to assess and minimize risks; (10) the bidder's
22ability to meet the goals established by the school board for
23the awarding of contracts to minority-owned businesses,
24women-owned businesses, and businesses owned by persons with
25disabilities; and (11) maintenance costs and life span of the
26project.

 

 

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1    "Family member" means a board member's spouse, children,
2step-children, parents, step-parents, siblings,
3step-siblings, half-siblings, sons-in-law, daughters-in-law,
4grandparents, and grandchildren, as well as the parents and
5grandparents of the board member's spouse and a person living
6with the board member.
7    "Person with whom a board member maintains a close
8economic association" means a person associated with the board
9member in a partnership, association or professional service
10corporation, whether as partner, officer, employee, associate,
11or otherwise.
12    "Person with whom a board member maintains a close
13political association" means a person who has made a campaign
14contribution to a political committee supporting a board
15member or a political committee of which a board member is an
16officer, is a candidate or is an officer of a political
17committee that has received a campaign contribution from a
18board member, or is an officer of a political committee
19supporting a board member.
20    All competitive bids for contracts involving an
21expenditure in excess of $25,000 or a lower amount as required
22by board policy must be sealed by the bidder and must be opened
23by a member or employee of the school board at a public bid
24opening at which the contents of the bids must be announced.
25Each bidder must receive at least 3 days' notice of the time
26and place of the bid opening. For purposes of this Section due

 

 

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1advertisement includes, but is not limited to, at least one
2public notice at least 10 days before the bid date in a
3newspaper published in the district, or if no newspaper is
4published in the district, in a newspaper of general
5circulation in the area of the district. State master
6contracts and certified education purchasing contracts, as
7defined in Article 28A of this Code, are not subject to the
8requirements of this paragraph.
9    Under this Section, the acceptance of bids sealed by a
10bidder and the opening of these bids at a public bid opening
11may be permitted by an electronic process for communicating,
12accepting, and opening competitive bids. An electronic bidding
13process must provide for, but is not limited to, the following
14safeguards:
15        (1) On the date and time certain of a bid opening, the
16    primary person conducting the competitive, sealed,
17    electronic bid process shall log onto a specified database
18    using a unique username and password previously assigned
19    to the bidder to allow access to the bidder's specific bid
20    project number.
21        (2) The specified electronic database must be on a
22    network that (i) is in a secure environment behind a
23    firewall; (ii) has specific encryption tools; (iii)
24    maintains specific intrusion detection systems; (iv) has
25    redundant systems architecture with data storage back-up,
26    whether by compact disc or tape; and (v) maintains a

 

 

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1    disaster recovery plan.
2It is the legislative intent of Public Act 96-841 to maintain
3the integrity of the sealed bidding process provided for in
4this Section, to further limit any possibility of bid-rigging,
5to reduce administrative costs to school districts, and to
6effect efficiencies in communications with bidders.
7    (b) To require, as a condition of any contract for goods
8and services, that persons bidding for and awarded a contract
9and all affiliates of the person collect and remit Illinois
10Use Tax on all sales of tangible personal property into the
11State of Illinois in accordance with the provisions of the
12Illinois Use Tax Act regardless of whether the person or
13affiliate is a "retailer maintaining a place of business
14within this State" as defined in Section 2 of the Use Tax Act.
15For purposes of this Section, the term "affiliate" means any
16entity that (1) directly, indirectly, or constructively
17controls another entity, (2) is directly, indirectly, or
18constructively controlled by another entity, or (3) is subject
19to the control of a common entity. For purposes of this
20subsection (b), an entity controls another entity if it owns,
21directly or individually, more than 10% of the voting
22securities of that entity. As used in this subsection (b), the
23term "voting security" means a security that (1) confers upon
24the holder the right to vote for the election of members of the
25board of directors or similar governing body of the business
26or (2) is convertible into, or entitles the holder to receive

 

 

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1upon its exercise, a security that confers such a right to
2vote. A general partnership interest is a voting security.
3    To require that bids and contracts include a certification
4by the bidder or contractor that the bidder or contractor is
5not barred from bidding for or entering into a contract under
6this Section and that the bidder or contractor acknowledges
7that the school board may declare the contract void if the
8certification completed pursuant to this subsection (b) is
9false.
10    (b-5) To require all contracts and agreements that pertain
11to goods and services and that are intended to generate
12additional revenue and other remunerations for the school
13district in excess of $1,000, including without limitation
14vending machine contracts, sports and other attire, class
15rings, and photographic services, to be approved by the school
16board. The school board shall file as an attachment to its
17annual budget a report, in a form as determined by the State
18Board of Education, indicating for the prior year the name of
19the vendor, the product or service provided, and the actual
20net revenue and non-monetary remuneration from each of the
21contracts or agreements. In addition, the report shall
22indicate for what purpose the revenue was used and how and to
23whom the non-monetary remuneration was distributed.
24    (b-10) To prohibit any contract to purchase food with a
25bidder or offeror if the bidder's or offeror's contract terms
26prohibit the school from donating food to food banks,

 

 

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1including, but not limited to, homeless shelters, food
2pantries, and soup kitchens.
3    (c) If the State education purchasing entity creates a
4master contract as defined in Article 28A of this Code, then
5the State education purchasing entity shall notify school
6districts of the existence of the master contract.
7    (d) In purchasing supplies, materials, equipment, or
8services that are not subject to subsection (c) of this
9Section, before a school district solicits bids or awards a
10contract, the district may review and consider as a bid under
11subsection (a) of this Section certified education purchasing
12contracts that are already available through the State
13education purchasing entity.
14(Source: P.A. 101-570, eff. 8-23-19; 101-632, eff. 6-5-20.)
 
15    Section 40. The Public Community College Act is amended by
16changing Section 3-27.1 as follows:
 
17    (110 ILCS 805/3-27.1)  (from Ch. 122, par. 103-27.1)
18    Sec. 3-27.1. Contracts. To award all contracts for
19purchase of supplies, materials or work involving an
20expenditure in excess of $25,000 or a lower amount as required
21by board policy to the lowest responsible bidder or the best
22value bidder considering conformity with specifications, terms
23of delivery, quality, and serviceability; after due
24advertisement, except the following: (a) contracts for the

 

 

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1services of individuals possessing a high degree of
2professional skill where the ability or fitness of the
3individual plays an important part; (b) contracts for the
4printing of finance committee reports and departmental
5reports; (c) contracts for the printing or engraving of bonds,
6tax warrants and other evidences of indebtedness; (d)
7contracts for materials and work which have been awarded to
8the lowest responsible bidder or the best value bidder after
9due advertisement, but due to unforeseen revisions, not the
10fault of the contractor for materials and work, must be
11revised causing expenditures not in excess of 10% of the
12contract price; (e) contracts for the maintenance or servicing
13of, or provision of repair parts for, equipment which are made
14with the manufacturer or authorized service agent of that
15equipment where the provision of parts, maintenance, or
16servicing can best be performed by the manufacturer or
17authorized service agent; (f) purchases and contracts for the
18use, purchase, delivery, movement, or installation of data
19processing equipment, software, or services and
20telecommunications and inter-connect equipment, software, and
21services; (g) contracts for duplicating machines and supplies;
22(h) contracts for the purchase of natural gas when the cost is
23less than that offered by a public utility; (i) purchases of
24equipment previously owned by some entity other than the
25district itself; (j) contracts for repair, maintenance,
26remodeling, renovation, or construction, or a single project

 

 

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1involving an expenditure not to exceed $50,000 and not
2involving a change or increase in the size, type, or extent of
3an existing facility; (k) contracts for goods or services
4procured from another governmental agency; (l) contracts for
5goods or services which are economically procurable from only
6one source, such as for the purchase of magazines, books,
7periodicals, pamphlets and reports, and for utility services
8such as water, light, heat, telephone or telegraph; (m) where
9funds are expended in an emergency and such emergency
10expenditure is approved by 3/4 of the members of the board; and
11(n) contracts for the purchase of perishable foods and
12perishable beverages.
13    A board that awards a contract to a best value bidder must
14approve the contract by resolution that states with
15specificity the reasons why the bidder is the best value
16bidder. The resolution must include the identity of an officer
17or director of the bidder who is a family member of a board
18member, is a person with whom a board member maintains a close
19economic association, or is a person with whom a board member
20maintains a close political association.
21    As used in this Section:
22    "Best value" means the result determined by a procurement
23method that considers price and other criteria reflecting an
24objective and quantifiable analysis, including consideration
25of some or all of the following factors: (1) the quality of the
26bidder's performance on previous projects; (2) the timeliness

 

 

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1of the bidder's performance on previous projects; (3) the
2level of customer satisfaction with the bidder's performance
3on previous projects; (4) the bidder's record of performing
4previous projects on budget and ability to minimize cost
5overruns; (5) the bidder's ability to minimize change orders;
6(6) the bidder's ability to prepare appropriate project plans;
7(7) the bidder's technical capabilities; (8) the individual
8qualifications of the bidder's key personnel; (9) the bidder's
9ability to assess and minimize risks; (10) the bidder's
10ability to meet the goals established by the board for the
11awarding of contracts to minority-owned businesses,
12women-owned businesses, and businesses owned by persons with
13disabilities; and (11) maintenance costs and life span of the
14project.
15    "Family member" means a board member's spouse, children,
16step-children, parents, step-parents, siblings,
17step-siblings, half-siblings, sons-in-law, daughters-in-law,
18grandparents, and grandchildren, as well as the parents and
19grandparents of the board member's spouse and a person living
20with the board member.
21    "Person with whom a board member maintains a close
22economic association" means a person associated with the board
23member in a partnership, association or professional service
24corporation, whether as partner, officer, employee, associate,
25or otherwise.
26    "Person with whom a board member maintains a close

 

 

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1political association" means a person who has made a campaign
2contribution to a political committee supporting a board
3member or a political committee of which a board member is an
4officer, is a candidate or is an officer of a political
5committee that has received a campaign contribution from a
6board member, or is an officer of a political committee
7supporting a board member.
8    All competitive bids for contracts involving an
9expenditure in excess of $25,000 or a lower amount as required
10by board policy must be sealed by the bidder and must be opened
11by a member or employee of the board at a public bid opening at
12which the contents of the bids must be announced. Each bidder
13must receive at least 3 days' notice of the time and place of
14such bid opening. For purposes of this Section due
15advertisement includes, but is not limited to, at least one
16public notice at least 10 days before the bid date in a
17newspaper published in the district, or if no newspaper is
18published in the district, in a newspaper of general
19circulation in the area of the district. Electronic bid
20submissions shall be considered a sealed document for
21competitive bid requests if they are received at the
22designated office by the time and date set for receipt for
23bids. However, bids for construction purposes are prohibited
24from being submitted electronically. Electronic bid
25submissions must be authorized by specific language in the bid
26documents in order to be considered and must be opened in

 

 

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1accordance with electronic security measures in effect at the
2community college at the time of opening. Unless the
3electronic submission procedures provide for a secure receipt,
4the vendor assumes the risk of premature disclosure due to
5submission in an unsealed form.
6    The provisions of this Section do not apply to guaranteed
7energy savings contracts entered into under Article V-A. The
8provisions of this Section do not prevent a community college
9from complying with the terms and conditions of a grant, gift,
10or bequest that calls for the procurement of a particular good
11or service, provided that the grant, gift, or bequest provides
12all funding for the contract, complies with all applicable
13laws, and does not interfere with or otherwise impair any
14collective bargaining agreements the community college may
15have with labor organizations.
16(Source: P.A. 97-1031, eff. 8-17-12; 98-269, eff. 1-1-14.)
 
17    Section 45. The Illinois Highway Code is amended by
18changing Section 6-201.7 as follows:
 
19    (605 ILCS 5/6-201.7)  (from Ch. 121, par. 6-201.7)
20    Sec. 6-201.7. Construct, maintain and repair and be
21responsible for the construction, maintenance and repair of
22roads within the district, let contracts, employ labor and
23purchase material and machinery therefor, subject to the
24limitations provided in this Code. Contracts, labor,

 

 

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1machinery, disposal, and incidental expenses related to
2special services under Section 6-201.21 of this Code
3constitute maintenance, for purposes of this Section.
4    Except for professional services, when the cost of
5construction, materials, supplies, new machinery or equipment
6exceeds $20,000, the contract for such construction,
7materials, supplies, machinery or equipment shall be let to
8the lowest responsible bidder or the best value bidder after
9advertising for bids at least once, and at least 10 days prior
10to the time set for the opening of such bids, in a newspaper
11published within the township or road district, or, if no
12newspaper is published within the township or road district
13then in one published within the county, or, if no newspaper is
14published within the county then in a newspaper having general
15circulation within the township or road district, but, in case
16of an emergency, such contract may be let without advertising
17for bids. For purposes of this Section "new machinery or
18equipment" shall be defined as that which has been previously
19untitled or that which shows fewer than 200 hours on its
20operating clock and that is accompanied by a new equipment
21manufacturer's warranty.
22    A highway commissioner that awards a contract to a best
23value bidder must approve the contract by resolution that
24states with specificity the reasons why the bidder is the best
25value bidder. The resolution must include the identity of an
26officer or director of the bidder who is a family member of the

 

 

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1commissioner, is a person with whom the commissioner maintains
2a close economic association, or is a person with whom the
3commissioner maintains a close political association.
4    As used in this Section:
5    "Best value" means the result determined by a procurement
6method that considers price and other criteria reflecting an
7objective and quantifiable analysis, including consideration
8of some or all of the following factors: (1) the quality of the
9bidder's performance on previous projects; (2) the timeliness
10of the bidder's performance on previous projects; (3) the
11level of customer satisfaction with the bidder's performance
12on previous projects; (4) the bidder's record of performing
13previous projects on budget and ability to minimize cost
14overruns; (5) the bidder's ability to minimize change orders;
15(6) the bidder's ability to prepare appropriate project plans;
16(7) the bidder's technical capabilities; (8) the individual
17qualifications of the bidder's key personnel; (9) the bidder's
18ability to assess and minimize risks; (10) the bidder's
19ability to meet the goals established by the commissioner for
20the awarding of contracts to minority-owned businesses,
21women-owned businesses, and businesses owned by persons with
22disabilities; and (11) maintenance costs and life span of the
23project.
24    "Family member" means the commissioner's spouse, children,
25step-children, parents, step-parents, siblings,
26step-siblings, half-siblings, sons-in-law, daughters-in-law,

 

 

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1grandparents, and grandchildren, as well as the parents and
2grandparents of the commissioner's spouse and a person living
3with the commissioner.
4    "Person with whom the commissioner maintains a close
5economic association" means a person associated with the
6commissioner in a partnership, association or professional
7service corporation, whether as partner, officer, employee,
8associate, or otherwise.
9    "Person with whom the commissioner maintains a close
10political association" means a person who has made a campaign
11contribution to a political committee supporting the
12commissioner or a political committee of which the
13commissioner is an officer, is a candidate or is an officer of
14a political committee that has received a campaign
15contribution from the commissioner, or is an officer of a
16political committee supporting the commissioner.
17    
18    
19(Source: P.A. 93-109, eff. 7-8-03; 93-164, eff. 7-10-03;
2093-610, eff. 11-18-03; 94-435, eff. 8-2-05.)
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

10200HB4393ham001- 56 -LRB102 23518 AWJ 35620 a

1made by this Act or (ii) provisions derived from any other
2Public Act.".