093_HB0340

                                     LRB093 01985 LCB 01984 b

 1        AN ACT concerning contracts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Counties  Code  is  amended  by  changing
 5    Section 5-1022 as follows:

 6        (55 ILCS 5/5-1022) (from Ch. 34, par. 5-1022)
 7        Sec. 5-1022. Competitive bids.
 8        (a)  Any  purchase  by a county with fewer than 2,000,000
 9    inhabitants of services, materials, equipment or supplies  in
10    excess of $10,000, other than professional services, shall be
11    contracted for in one of the following ways:
12             (1)  by  a  contract  let  to the lowest responsible
13        bidder  after  advertising  for  bids  in   a   newspaper
14        published  within  the  county  or,  if  no  newspaper is
15        published within the  county,  then  a  newspaper  having
16        general circulation within the county; or
17             (2)  by  a contract let without advertising for bids
18        in the case of an emergency if authorized by  the  county
19        board.
20        (b)  In  determining  the  lowest responsible bidder, the
21    county board shall take into consideration the  qualities  of
22    the    articles   supplied;   their   conformity   with   the
23    specifications; their suitability to the requirements of  the
24    county,  availability  of support services; uniqueness of the
25    service, materials, equipment, or supplies as it  applies  to
26    networked,  integrated  computer  systems;  compatibility  to
27    existing equipment; and the delivery terms.  The county board
28    also  may  take  into  consideration  whether  a  bidder is a
29    private enterprise  or  a  State-controlled  enterprise  and,
30    notwithstanding  any  other  provision  of  this Section or a
31    lower  bid  by  a  State-controlled  enterprise,  may  let  a
 
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 1    contract to the lowest responsible bidder that is  a  private
 2    enterprise.
 3        (c)  This Section does not apply to contracts by a county
 4    with   the   federal  government  or  to  purchases  of  used
 5    equipment, purchases at auction or similar transactions which
 6    by their very nature are not suitable  to  competitive  bids,
 7    pursuant to an ordinance adopted by the county board.
 8        (d)  Blank.   Notwithstanding   the  provisions  of  this
 9    Section, a county may let without advertising for bids in the
10    case of purchases and contracts, when  individual  orders  do
11    not   exceed   $25,000,  for  the  use,  purchase,  delivery,
12    movement,  or  installation  of  data  processing  equipment,
13    software,   or   services    and    telecommunications    and
14    inter-connect equipment, software, and services.
15    (Source: P.A. 90-517, eff. 8-22-97.)

16        Section   15.    The  Metropolitan  Pier  and  Exposition
17    Authority Act is amended by changing Section 24 as follows:

18        (70 ILCS 210/24) (from Ch. 85, par. 1244)
19        Sec. 24.  All contracts for the sale of property  of  the
20    value  of more than $10,000 or for any concession in or lease
21    of property of the Authority for a term of more than one year
22    shall be awarded to the  highest  responsible  bidder,  after
23    advertising  for  bids, except as may be otherwise authorized
24    by this Act. All construction contracts, when the  cost  will
25    exceed   $30,000,  and  contracts  for  supplies,  materials,
26    equipment and services, when the  cost  thereof  will  exceed
27    $10,000, shall be let to the lowest responsible bidder, after
28    advertising  for  bids,  excepting  (1)  when  repair  parts,
29    accessories, equipment or services are required for equipment
30    or  services  previously  furnished  or  contracted  for, (2)
31    professional  services  contracted  for  in  accordance  with
32    Section 25.1 of this Act, (3) when services  such  as  water,
 
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 1    light,  heat,  power,  telephone  (other  than  long-distance
 2    service)  or  telegraph  are required, and (4) when contracts
 3    for the use, purchase, delivery, movement, or installation of
 4    data  processing  equipment,  software,   or   services   and
 5    telecommunications  equipment,  software,  and  services  are
 6    required,  and  (5)  when the immediate delivery of supplies,
 7    materials, equipment, or services is  required  and  (i)  the
 8    chief   executive   officer   determines  that  an  emergency
 9    situation exists; (ii) the contract accepted is based on  the
10    lowest  responsible  bid  after  the  Authority  has  made  a
11    diligent  effort  to  solicit  multiple  bids  by  telephone,
12    facsimile,  or  other  efficient  means;  and (iii) the chief
13    executive officer submits a report at the next regular  Board
14    meeting,  to  be  ratified  by the Board and entered into the
15    official record, stating the chief executive officer's reason
16    for declaring an emergency situation, the names of the  other
17    parties  solicited and their bids, and a copy of the contract
18    awarded.
19        All construction contracts involving  less  than  $30,000
20    and  all other contracts involving less than $10,000 shall be
21    let by competitive bidding  whenever  possible,  and  in  any
22    event  in a manner calculated to insure the best interests of
23    the public.
24        Each bidder shall disclose in his bid the  name  of  each
25    individual   having   a   beneficial  interest,  directly  or
26    indirectly, of more than 7 1/2% in such bidding  entity  and,
27    if such bidding entity is a corporation, the names of each of
28    its  officers  and  directors.   The  bidder shall notify the
29    Board of any changes in its  ownership  or  its  officers  or
30    directors at the time such changes occur if the change occurs
31    during the pendency of a proposal or a contract.
32        In  determining  the  responsibility  of  any bidder, the
33    Board may take into account past record of dealings with  the
34    bidder,   experience,   adequacy  of  equipment,  ability  to
 
                            -4-      LRB093 01985 LCB 01984 b
 1    complete performance within the time set, and  other  factors
 2    besides  financial  responsibility,  but in no case shall any
 3    such contracts be awarded  to  any  other  than  the  highest
 4    bidder (in case of sale or concession or lease) or the lowest
 5    bidder (in case of purchase or expenditure) unless authorized
 6    or  approved  by  a  vote  of  at  least three-fourths of the
 7    members of the Board, and unless such action  is  accompanied
 8    by  a  statement in writing setting forth the reasons for not
 9    awarding the contract to the highest or lowest bidder, as the
10    case may be, which statement shall be kept  on  file  in  the
11    principal   office  of  the  Authority  and  open  to  public
12    inspection.
13        From the group of responsible bidders the  lowest  bidder
14    shall  be  selected  in the following manner: to all bids for
15    sales the gross receipts of which are not taxable  under  the
16    "Retailers'  Occupation  Tax Act", approved June 28, 1933, as
17    amended, there shall be added an  amount  equal  to  the  tax
18    which would be payable under said Act, if applicable, and the
19    lowest in amount of said adjusted bids and bids for sales the
20    gross  receipts  of which are taxable under said Act shall be
21    considered the lowest bid; provided, that, if said lowest bid
22    relates to a sale not taxable under said  Act,  any  contract
23    entered  into  thereon shall be in the amount of the original
24    bid not adjusted as aforesaid.
25        Contracts  shall  not  be  split  into  parts   involving
26    expenditures  of less than $10,000 (or $30,000 in the case of
27    construction contracts) for  the  purposes  of  avoiding  the
28    provisions  of  this  Section,  and  all such split contracts
29    shall be void. If  any  collusion  occurs  among  bidders  or
30    prospective  bidders  in restraint of freedom of competition,
31    by agreement to  bid  a  fixed  amount  or  to  refrain  from
32    bidding,  or  otherwise,  the  bids  of such bidders shall be
33    void. Each bidder  shall  accompany  his  bid  with  a  sworn
34    statement that he has not been a party to any such agreement.
 
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 1        The  Board shall have the right to reject all bids and to
 2    readvertise for bids. If after any  such  readvertisement  no
 3    responsible  and  satisfactory  bid,  within the terms of the
 4    advertisement, shall be received, the Board  may  award  such
 5    contract  without competitive bidding, provided that it shall
 6    not be less advantageous to the Authority than any valid  bid
 7    received pursuant to advertisement.
 8        The  Board  shall  adopt rules and regulations of general
 9    application within 90 days of  the  effective  date  of  this
10    amendatory Act of 1985 to carry into effect the provisions of
11    this Section.
12    (Source: P.A. 91-422, eff. 1-1-00.)

13        Section  20.   The  Park  District  Code  is  amended  by
14    changing Section 8-1 as follows:

15        (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1)
16        Sec.  8-1.   Every  park district shall, from the time of
17    its organization, be a body corporate  and  politic  by  such
18    name  as  set  forth  in the petition for its organization or
19    such name as it may adopt under Section 8-8 hereof and  shall
20    have and exercise the following powers:
21        (a)  To  adopt  a  corporate  seal  and alter the same at
22    pleasure; to sue and be sued; and to contract in  furtherance
23    of any of its corporate purposes.
24        (b) (1)  To  acquire  by gift, legacy, grant or purchase,
25    or by condemnation in the manner provided for the exercise of
26    the power of eminent domain under Article VII of the Code  of
27    Civil  Procedure,  approved  August 19, 1981, as amended, any
28    and  all  real  estate,  or  rights  therein  necessary   for
29    building, laying out, extending, adorning and maintaining any
30    such parks, boulevards and driveways, or for effecting any of
31    the  powers  or purposes granted under this Code as its board
32    may deem proper, whether such  lands  be  located  within  or
 
                            -6-      LRB093 01985 LCB 01984 b
 1    without  such  district;  but  no  park  district,  except as
 2    provided in paragraph (2) of this subsection, shall have  any
 3    power of condemnation in the manner provided for the exercise
 4    of  the power of eminent domain under Article VII of the Code
 5    of Civil Procedure, approved August 19, 1981, as amended,  or
 6    otherwise  as  to  any real estate, lands, riparian rights or
 7    estate, or other property situated outside of such  district,
 8    but  shall  only  have  power  to  acquire  the same by gift,
 9    legacy, grant or purchase, and such district shall  have  the
10    same  control of and power over lands so acquired without the
11    district as over parks, boulevards and driveways within  such
12    district.
13        (2)  In  addition  to the powers granted in paragraph (1)
14    of subsection (b), a park district located in more  than  one
15    county,  the  majority  of  its territory located in a county
16    over 450,000 in population and none of its territory  located
17    in   a  county  over  1,000,000  in  population,  shall  have
18    condemnation power in the manner provided for the exercise of
19    the power of eminent domain under Article VII of the Code  of
20    Civil  Procedure, approved August 19, 1981, as amended, or as
21    otherwise granted by law  as  to  any  and  all  real  estate
22    situated up to one mile outside of such district which is not
23    within the boundaries of another park district.
24        (c)  To  acquire by gift, legacy or purchase any personal
25    property necessary for its corporate purposes  provided  that
26    all  contracts  for  supplies, materials or work involving an
27    expenditure in excess of $10,000 shall be let to  the  lowest
28    responsible     bidder,     considering    conformity    with
29    specifications,   terms    of    delivery,    quality,    and
30    serviceability,  after due advertisement, excepting contracts
31    which by their nature are not adapted to award by competitive
32    bidding, such as contracts for the  services  of  individuals
33    possessing  a  high  degree  of  professional skill where the
34    ability or fitness of the individual plays an important part,
 
                            -7-      LRB093 01985 LCB 01984 b
 1    contracts for the printing of finance committee  reports  and
 2    departmental reports, contracts for the printing or engraving
 3    of  bonds,  tax warrants and other evidences of indebtedness,
 4    contracts for utility services such as  water,  light,  heat,
 5    telephone  or  telegraph,  contracts  for  the use, purchase,
 6    delivery,  movement,  or  installation  of  data   processing
 7    equipment,  software,  or services and telecommunications and
 8    interconnect equipment, software, or services, contracts  for
 9    duplicating  machines  and  supplies,  contracts for goods or
10    services procured from another governmental agency, purchases
11    of equipment previously owned by some entity other  than  the
12    district itself, and contracts for the purchase of magazines,
13    books, periodicals, pamphlets and reports and excepting where
14    funds  are  expended  in  an  emergency  and  such  emergency
15    expenditure is approved by 3/4 of the members of the board.
16        All   competitive   bids   for   contracts  involving  an
17    expenditure in excess of $10,000 must be sealed by the bidder
18    and must be opened by a member or employee of the park  board
19    at  a  public  bid  opening at which the contents of the bids
20    must be announced.  Each bidder must receive at least 3  days
21    notice of the time and place of the bid opening.
22        For  purposes  of  this  subsection,  "due advertisement"
23    includes, but is not limited to, at least one  public  notice
24    at least 10 days before the bid date in a newspaper published
25    in  the  district  or,  if  no  newspaper is published in the
26    district, in a newspaper of general circulation in  the  area
27    of the district.
28        (d)  To   pass   all   necessary  ordinances,  rules  and
29    regulations for the proper  management  and  conduct  of  the
30    business  of  the  board  and  district  and  to establish by
31    ordinance  all  needful  rules  and   regulations   for   the
32    government  and protection of parks, boulevards and driveways
33    and other property under its jurisdiction, and to effect  the
34    objects for which such districts are formed.
 
                            -8-      LRB093 01985 LCB 01984 b
 1        (e)  To  prescribe  such  fines  and  penalties  for  the
 2    violation of ordinances as it shall deem proper not exceeding
 3    $1,000  for any one offense, which fines and penalties may be
 4    recovered by an action in the name of such  district  in  the
 5    circuit   court  for  the  county  in  which  such  violation
 6    occurred. The park district may also seek in the  action,  in
 7    addition  to or instead of fines and penalties, an order that
 8    the offender be  required  to  make  restitution  for  damage
 9    resulting  from  violations,  and  the court shall grant such
10    relief where appropriate.   The  procedure  in  such  actions
11    shall  be  the  same as that provided by law for like actions
12    for the violation of ordinances in cities organized under the
13    general laws of this State, and offenders may  be  imprisoned
14    for  non-payment  of fines and costs in the same manner as in
15    such cities. All fines when collected shall be paid into  the
16    treasury of such district.
17        (f)  To  manage  and control all officers and property of
18    such districts and to provide for joint ownership with one or
19    more cities, villages  or  incorporated  towns  of  real  and
20    personal  property used for park purposes by one or more park
21    districts. In case of  joint  ownership,  the  terms  of  the
22    agreement  shall  be  fair, just and equitable to all parties
23    and shall be set forth in a written agreement entered into by
24    the corporate authorities  of  each  participating  district,
25    city, village or incorporated town.
26        (g)  To  secure  grants  and  loans,  or either, from the
27    United States Government, or any agency or agencies  thereof,
28    for financing the acquisition or purchase of any and all real
29    estate, or rights therein, or for effecting any of the powers
30    or  purposes  granted  under  this Code as its Board may deem
31    proper.
32        (h)  To establish fees for  the  use  of  facilities  and
33    recreational  programs of the districts and to derive revenue
34    from non-resident fees from their  operations.  Fees  charged
 
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 1    non-residents  of  such district need not be the same as fees
 2    charged to  residents  of  the  district.  Charging  fees  or
 3    deriving   revenue   from  the  facilities  and  recreational
 4    programs shall not affect the right to assert or utilize  any
 5    defense  or  immunity,  common law or statutory, available to
 6    the districts or their employees.
 7        (i)  To make contracts for a term exceeding one year, but
 8    not to exceed 3 years, notwithstanding any provision of  this
 9    Code  to  the contrary, relating to:  (1) the employment of a
10    park  director,  superintendent,   administrator,   engineer,
11    health  officer,  land  planner,  finance director, attorney,
12    police  chief,  or  other  officer  who  requires   technical
13    training   or   knowledge;  (2)  the  employment  of  outside
14    professional consultants such  as  engineers,  doctors,  land
15    planners,   auditors,   attorneys,   or   other  professional
16    consultants who require technical training or knowledge;  and
17    (3)  the provision of data processing equipment and services.
18    With respect to any contract made under this subsection  (i),
19    the   corporate  authorities  shall  include  in  the  annual
20    appropriation ordinance for each fiscal year an appropriation
21    of a sum of money sufficient to pay the amount which, by  the
22    terms  of  the  contract, is to become due and payable during
23    that fiscal year.
24        (j)  To enter into  licensing  or  management  agreements
25    with  not-for-profit corporations organized under the laws of
26    this  State  to  operate  park  district  facilities  if  the
27    corporation covenants to use the facilities to provide public
28    park or recreational programs for youth.
29    (Source: P.A. 92-614, eff. 7-8-02.)

30        Section 25.  The North Shore  Sanitary  District  Act  is
31    amended by changing Section 11 as follows:

32        (70 ILCS 2305/11) (from Ch. 42, par. 287)
 
                            -10-     LRB093 01985 LCB 01984 b
 1        Sec.  11.  Except  as otherwise provided in this Section,
 2    all contracts for purchases or sales by the municipality, the
 3    expense of which will exceed the  mandatory  competitive  bid
 4    threshold,  shall  be  let  to  the lowest responsible bidder
 5    therefor upon not less than 14 days'  public  notice  of  the
 6    terms  and  conditions  upon which the contract is to be let,
 7    having been given by publication in a  newspaper  of  general
 8    circulation  published  in  the  district,  and the board may
 9    reject any and all bids and readvertise. In  determining  the
10    lowest   responsible   bidder,  the  board  shall  take  into
11    consideration  the  qualities  and  serviceability   of   the
12    articles  supplied,  their  conformity  with  specifications,
13    their  suitability  to  the requirements of the district, the
14    availability of  support  services,  the  uniqueness  of  the
15    service,  materials,  equipment, or supplies as it applies to
16    network integrated computer systems, the compatibility of the
17    service,  materials,  equipment  or  supplies  with  existing
18    equipment, and the delivery terms. Contracts for services  in
19    excess  of  the  mandatory  competitive  bid  threshold  may,
20    subject  to  the  provisions  of  this  Section,  be  let  by
21    competitive  bidding  at the discretion of the district board
22    of trustees.  All contracts for purchases or sales that  will
23    not  exceed  the  mandatory  competitive bid threshold may be
24    made in the open market without publication in a newspaper as
25    above provided, but whenever practical shall be based  on  at
26    least  3 competitive bids.  For purposes of this Section, the
27    "mandatory competitive bid  threshold"  is  a  dollar  amount
28    equal  to  0.1%  of  the  total  general  fixed assets of the
29    district as  reported  in  the  most  recent  required  audit
30    report. In no event, however, shall the mandatory competitive
31    bid  threshold  dollar  amount be less than $10,000, nor more
32    than $40,000.
33        Cash, a cashier's check, a certified check, or a bid bond
34    with adequate surety approved by the board of trustees  as  a
 
                            -11-     LRB093 01985 LCB 01984 b
 1    deposit  of  good  faith,  in a reasonable amount, but not in
 2    excess of 10% of the contract amount, may be required of each
 3    bidder by the district  on  all  bids  involving  amounts  in
 4    excess  of the mandatory competitive bid threshold and, if so
 5    required, the advertisement for bids shall so specify.
 6        Contracts which by their nature are not adapted to  award
 7    by   competitive   bidding,  including,  without  limitation,
 8    contracts for the services of individuals,  groups  or  firms
 9    possessing  a  high  degree  of  professional skill where the
10    ability or fitness of the individual or organization plays an
11    important part, contracts for financial  management  services
12    undertaken   pursuant   to   "An   Act  relating  to  certain
13    investments of public funds  by  public  agencies",  approved
14    July 23, 1943, as now or hereafter amended, contracts for the
15    purchase  or  sale  of  utilities,  contracts  for  materials
16    economically  procurable only from a single source of supply,
17    contracts for  the  use,  purchase,  delivery,  movement,  or
18    installation  of  data  processing  equipment,  software,  or
19    services  and  telecommunications and interconnect equipment,
20    software, or services, contracts for duplicating machines and
21    supplies, contracts  for  goods  or  services  procured  from
22    another   governmental   agency,   purchases   of   equipment
23    previously owned by an entity other than the district itself,
24    and  leases  of  real property where the sanitary district is
25    the lessee shall not be subject to  the  competitive  bidding
26    requirements of this Section.
27        In  the  case of an emergency affecting the public health
28    or safety so  declared  by  the  Board  of  Trustees  of  the
29    municipality  at  a  meeting  thereof  duly  convened,  which
30    declaration shall require the affirmative vote of four of the
31    five  Trustees elected, and shall set forth the nature of the
32    danger to the public health or safety, contracts totaling not
33    more than the emergency contract cap may be let to the extent
34    necessary  to   resolve   such   emergency   without   public
 
                            -12-     LRB093 01985 LCB 01984 b
 1    advertisement  or  competitive  bidding. For purposes of this
 2    Section, the "emergency contract  cap"  is  a  dollar  amount
 3    equal  to  0.4%  of  the  total  general  fixed assets of the
 4    district as  reported  in  the  most  recent  required  audit
 5    report.  In  no  event, however, shall the emergency contract
 6    cap dollar  amount  be  less  than  $40,000,  nor  more  than
 7    $100,000.   The   Resolution   or  Ordinance  in  which  such
 8    declaration is embodied shall fix the date  upon  which  such
 9    emergency  shall  terminate  which  date  may  be extended or
10    abridged by the Board of Trustees as in  their  judgment  the
11    circumstances  require.   A  full written account of any such
12    emergency, together with a  requisition  for  the  materials,
13    supplies,  labor  or  equipment  required  therefor  shall be
14    submitted immediately upon completion and shall  be  open  to
15    public   inspection  for  a  period  of  at  least  one  year
16    subsequent to the date of such emergency purchase. Within  30
17    days  after  the  passage  of  the  resolution  or  ordinance
18    declaring an emergency affecting the public health or safety,
19    the  municipality  shall submit to the Illinois Environmental
20    Protection Agency  the  full  written  account  of  any  such
21    emergency  along  with  a copy of the resolution or ordinance
22    declaring the emergency, in accordance with  requirements  as
23    may be provided by rule.
24        To address operating emergencies not affecting the public
25    health  or  safety, the Board of Trustees shall authorize, in
26    writing, officials or employees of the sanitary  district  to
27    purchase  in  the  open  market and without advertisement any
28    supplies, materials, equipment,  or  services  for  immediate
29    delivery  to  meet the bona fide operating emergency, without
30    filing a requisition or estimate therefor, in an  amount  not
31    in  excess  of  $40,000;  provided that the Board of Trustees
32    must be notified of the operating emergency.  A full, written
33    account of each operating emergency and a requisition for the
34    materials, supplies, equipment, and services required to meet
 
                            -13-     LRB093 01985 LCB 01984 b
 1    the operating emergency must be immediately submitted by  the
 2    officials  or  employees  authorized to make purchases to the
 3    Board of Trustees.  The account must be available for  public
 4    inspection  for  a period of at least one year after the date
 5    of  the  operating  emergency  purchase.  The   exercise   of
 6    authority with respect to purchases for a bona fide operating
 7    emergency  is  not dependent on a declaration of an operating
 8    emergency by the Board of Trustees.
 9        No Trustee shall be interested, directly  or  indirectly,
10    in  any contract, work or business of the municipality, or in
11    the sale of any  article,  whenever  the  expense,  price  or
12    consideration  of the contract work, business or sale is paid
13    either from the treasury or by any assessment levied  by  any
14    Statute  or  Ordinance.   No  Trustee  shall  be  interested,
15    directly or indirectly, in the purchase of any property which
16    (1)  belongs to the municipality, or (2) is sold for taxes or
17    assessments of the municipality, or (3) is sold by virtue  of
18    legal process in the suit of the municipality.
19        A  contract  for any work or other public improvement, to
20    be paid for in whole or in  part  by  special  assessment  or
21    special  taxation,  shall be entered into and the performance
22    thereof controlled by the provisions of Division 2 of Article
23    9 of the "Illinois Municipal Code", approved May 29, 1961, as
24    heretofore or hereafter amended, as near as may be.  However,
25    contracts   may   be  let  for  making  proper  and  suitable
26    connections between the mains and outlets of  the  respective
27    sanitary  sewers  in the district with any conduit, conduits,
28    main pipe or pipes that may be constructed by  such  sanitary
29    district.
30    (Source: P.A. 91-921, eff. 1-1-01; 92-195, eff. 1-1-02.)

31        Section 30.  The Sanitary District Act of 1917 is amended
32    by changing Section 11 as follows:
 
                            -14-     LRB093 01985 LCB 01984 b
 1        (70 ILCS 2405/11) (from Ch. 42, par. 310)
 2        Sec.  11.  Except  as otherwise hereinafter provided, all
 3    contracts for purchases  or  sales  by  a  sanitary  district
 4    organized  under  this  Act, the expense of which will exceed
 5    the mandatory competitive bid threshold, shall be let to  the
 6    lowest  responsible  bidder  therefor  upon  not less than 14
 7    days' public notice of the terms and  conditions  upon  which
 8    the  contract  is to be let, having been given by publication
 9    in a  newspaper  of  general  circulation  published  in  the
10    district,  and  the  board  may  reject any and all bids, and
11    readvertise. In determining the  lowest  responsible  bidder,
12    the  board  shall  take  into consideration the qualities and
13    serviceability of the  articles  supplied,  their  conformity
14    with specifications, their suitability to the requirements of
15    the  district,  the  availability  of  support  services, the
16    uniqueness of the service, materials, equipment, or  supplies
17    as  it  applies  to  network integrated computer systems, the
18    compatibility  of  the  service,  materials,   equipment   or
19    supplies  with  existing  equipment,  and the delivery terms.
20    Contracts for services in excess of the mandatory competitive
21    bid threshold may, subject to the provisions of this Section,
22    be let by  competitive  bidding  at  the  discretion  of  the
23    district board of trustees.
24        Cash, a cashier's check, a certified check, or a bid bond
25    with  adequate  surety approved by the board of trustees as a
26    deposit of good faith, in a reasonable  amount,  but  not  in
27    excess of 10% of the contract amount, may be required of each
28    bidder  by  the  district  on  all  bids involving amounts in
29    excess of the mandatory competitive bid threshold and, if  so
30    required, the advertisement for bids shall so specify.
31        All contracts for purchases or sales that will not exceed
32    the  mandatory  competitive  bid threshold may be made in the
33    open market without  publication  in  a  newspaper  as  above
34    provided, but whenever practical shall be based on at least 3
 
                            -15-     LRB093 01985 LCB 01984 b
 1    competitive   bids.    For  purposes  of  this  Section,  the
 2    "mandatory competitive bid  threshold"  is  a  dollar  amount
 3    equal  to  0.1%  of  the  total  general  fixed assets of the
 4    district as  reported  in  the  most  recent  required  audit
 5    report. In no event, however, shall the mandatory competitive
 6    bid  threshold  dollar  amount be less than $10,000, nor more
 7    than $40,000.
 8        Contracts which by their nature are not adapted to  award
 9    by   competitive   bidding,  including,  without  limitation,
10    contracts for the services of individuals,  groups  or  firms
11    possessing  a  high  degree  of  professional skill where the
12    ability or fitness of the individual or organization plays an
13    important part, contracts for financial  management  services
14    undertaken   pursuant   to   "An   Act  relating  to  certain
15    investments of public funds  by  public  agencies",  approved
16    July 23, 1943, as now or hereafter amended, contracts for the
17    purchase  or  sale  of  utilities,  contracts  for  materials
18    economically  procurable only from a single source of supply,
19    contracts for  the  use,  purchase,  delivery,  movement,  or
20    installation  of  data  processing  equipment,  software,  or
21    services  and  telecommunications and interconnect equipment,
22    software, or services, contracts for duplicating machines and
23    supplies, contracts  for  goods  or  services  procured  from
24    another   governmental   agency,   purchases   of   equipment
25    previously owned by an entity other than the district itself,
26    and  leases  of  real property where the sanitary district is
27    the lessee shall not be subject to  the  competitive  bidding
28    requirements of this Section.
29        The  competitive  bidding requirements of this Section do
30    not apply to contracts for  construction  of  a  facility  or
31    structure  for  the  sanitary  district  when the facility or
32    structure will be designed, built, and  tested  before  being
33    conveyed to the sanitary district.
34        The  competitive  bidding requirements of this Section do
 
                            -16-     LRB093 01985 LCB 01984 b
 1    not  apply  to  contracts,  including  contracts   for   both
 2    materials  and services incidental thereto, for the repair or
 3    replacement of a sanitary district's treatment plant, sewers,
 4    equipment, or facilities damaged or destroyed as  the  result
 5    of  a  sudden  or  unexpected  occurrence, including, but not
 6    limited to, a flood, fire,  tornado,  earthquake,  storm,  or
 7    other  natural or man-made disaster, if the board of trustees
 8    determines in writing that the awarding  of  those  contracts
 9    without  competitive  bidding is reasonably necessary for the
10    sanitary district to maintain compliance with a permit issued
11    under the National  Pollution  Discharge  Elimination  System
12    (NPDES) or any successor system or with any outstanding order
13    relating  to  that  compliance  issued  by  the United States
14    Environmental Protection Agency, the  Illinois  Environmental
15    Protection  Agency,  or the Illinois Pollution Control Board.
16    The authority to issue contracts without competitive  bidding
17    pursuant to this paragraph expires 6 months after the date of
18    the  writing  determining  that  the  awarding  of  contracts
19    without competitive bidding is reasonably necessary.
20        Where  the  board  of trustees declares, by a 2/3 vote of
21    all members of the board,  that  there  exists  an  emergency
22    affecting the public health or safety, contracts totaling not
23    more than the emergency contract cap may be let to the extent
24    necessary   to   resolve   such   emergency   without  public
25    advertisement or competitive bidding. For  purposes  of  this
26    Section,  the  "emergency  contract  cap"  is a dollar amount
27    equal to 0.4% of  the  total  general  fixed  assets  of  the
28    district  as  reported  in  the  most  recent  required audit
29    report. In no event, however, shall  the  emergency  contract
30    cap  dollar  amount  be  less  than  $40,000,  nor  more than
31    $100,000. The ordinance or resolution embodying the emergency
32    declaration shall contain the date upon which such  emergency
33    will  terminate.   The  board  of  trustees  may  extend  the
34    termination  date  if  in  its  judgment the circumstances so
 
                            -17-     LRB093 01985 LCB 01984 b
 1    require.  A full written account of the  emergency,  together
 2    with  a  requisition  for  the  materials, supplies, labor or
 3    equipment required therefor shall  be  submitted  immediately
 4    upon  completion and shall be open to public inspection for a
 5    period of at least one year subsequent to the  date  of  such
 6    emergency  purchase.  Within 30 days after the passage of the
 7    resolution or ordinance declaring an emergency affecting  the
 8    public  health  or  safety,  the District shall submit to the
 9    Illinois Environmental Protection  Agency  the  full  written
10    account  of  any  such  emergency  along  with  a copy of the
11    resolution  or  ordinance   declaring   the   emergency,   in
12    accordance with requirements as may be provided by rule.
13        A  contract  for any work or other public improvement, to
14    be paid for in whole or in  part  by  special  assessment  or
15    special  taxation,  shall be entered into and the performance
16    thereof  controlled  by  Division  2  of  Article  9  of  the
17    "Illinois  Municipal  Code",  approved  May  29,   1961,   as
18    heretofore  and  hereafter  amended,  as  near as may be. The
19    contracts  may  be  let  for  making  proper   and   suitable
20    connections  between  the mains and outlets of the respective
21    sewers in the district with any conduit, conduits, main  pipe
22    or pipes that may be constructed by such sanitary district.
23    (Source: P.A. 92-195, eff. 1-1-02.)

24        Section 35.  The Regional Transportation Authority Act is
25    amended by changing Section 4.06 as follows:

26        (70 ILCS 3615/4.06) (from Ch. 111 2/3, par. 704.06)
27        Sec. 4.06.  Public bidding.
28        (a)  The Board shall adopt regulations to ensure that the
29    construction  or  acquisition  by  the Authority or a Service
30    Board other than the Chicago Transit Authority of services or
31    public transportation facilities  (other  than  real  estate)
32    involving  a cost of more than $10,000 and the disposition of
 
                            -18-     LRB093 01985 LCB 01984 b
 1    all property of the Authority or a Service Board  other  than
 2    the  Chicago  Transit  Authority shall be after public notice
 3    and with public bidding. Such  regulations  may  provide  for
 4    exceptions  to  such  requirements  for acquisition of repair
 5    parts,  accessories,   equipment   or   services   previously
 6    furnished  or  contracted  for; for the immediate delivery of
 7    supplies, material or equipment  or  performance  of  service
 8    when it is determined by the concurrence of two-thirds of the
 9    then  Directors that an emergency requires immediate delivery
10    or  supply  thereof;  for  goods   or   services   that   are
11    economically  procurable  from only one source; for contracts
12    for the maintenance or servicing of equipment which are  made
13    with  the  manufacturers  or authorized service agent of that
14    equipment where the maintenance  or  servicing  can  best  be
15    performed  by the manufacturer or authorized service agent or
16    such a  contract  would  be  otherwise  advantageous  to  the
17    Authority  or a Service Board, other than the Chicago Transit
18    Authority, except that the exceptions in  this  clause  shall
19    not   apply  to  contracts  for  plumbing,  heating,  piping,
20    refrigeration  and  automatic  temperature  control  systems,
21    ventilating and distribution systems for conditioned air, and
22    electrical  wiring;  for  goods  or  services  procured  from
23    another governmental agency; for purchases and contracts  for
24    the  use  or  purchase  of data processing equipment and data
25    processing  systems  software;   for   the   acquisition   of
26    professional  or utility services; and for the acquisition of
27    public transportation equipment including,  but  not  limited
28    to,  rolling stock, locomotives and buses, provided that: (i)
29    it is determined by a vote of 2/3 of the  then  Directors  of
30    the  Service  Board  making the acquisition that a negotiated
31    acquisition offers opportunities with respect to the cost  or
32    financing  of the equipment, its delivery, or the performance
33    of a portion of the work within the State or the use of goods
34    produced or services provided within the State; (ii) a notice
 
                            -19-     LRB093 01985 LCB 01984 b
 1    of intention to negotiate for the acquisition of such  public
 2    transportation  equipment  is  published  in  a  newspaper of
 3    general circulation  within  the  City  of  Chicago  inviting
 4    proposals from qualified vendors; and (iii) any contract with
 5    respect to such acquisition is authorized by a vote of 2/3 of
 6    the   then   Directors   of  the  Service  Board  making  the
 7    acquisition. The requirements set forth in this Section shall
 8    not  apply  to  purchase  of  service  agreements  or   other
 9    contracts,  purchases  or sales entered into by the Authority
10    with any transportation agency or unit of local government.
11        (b) (1)  In  connection   with   two-phase   design/build
12    selection  procedures  authorized  in this Section, a Service
13    Board may authorize, by the affirmative vote of two-thirds of
14    the then members of the Service Board, the use of competitive
15    selection and the  prequalification  of  responsible  bidders
16    consistent  with  applicable  federal  regulations  and  this
17    subsection (b).
18             (2)  Two-phase   design/build  selection  procedures
19        shall consist of the following:
20                  (i)  A Service  Board  shall  develop,  through
21             licensed  architects  or licensed engineers, a scope
22             of work statement for inclusion in the  solicitation
23             for phase-one proposals that defines the project and
24             provides   prospective   offerors   with  sufficient
25             information   regarding    the    Service    Board's
26             requirements.   The statement shall include criteria
27             and   preliminary   design,   and   general   budget
28             parameters  and   general   schedule   or   delivery
29             requirements   to  enable  the  offerors  to  submit
30             proposals which meet the Service Board's needs. When
31             the two-phase design/build  selection  procedure  is
32             used and the Service Board contracts for development
33             of  the  scope  of work statement, the Service Board
34             shall  contract  for  architectural  or  engineering
 
                            -20-     LRB093 01985 LCB 01984 b
 1             services as defined by and in  accordance  with  the
 2             Architectural,   Engineering,   and  Land  Surveying
 3             Qualifications   Based   Selection   Act   and   all
 4             applicable licensing statutes.
 5                  (ii)  The evaluation  factors  to  be  used  in
 6             evaluating phase-one proposals must be stated in the
 7             solicitation and must include specialized experience
 8             and  technical  competence,  capability  to perform,
 9             past performance of the  offeror's  team  (including
10             the  architect-engineer  and construction members of
11             the  team)  and  other  appropriate  technical   and
12             qualifications   factors.   Each  solicitation  must
13             establish the relative importance  assigned  to  the
14             evaluation  factors  and the subfactors that must be
15             considered in the evaluation of phase-one  proposals
16             on  the basis of the evaluation factors set forth in
17             the  solicitation.   Each  design/build  team   must
18             include  a  licensed design professional independent
19             from  the  Service  Board's  licensed  architect  or
20             engineer and a licensed design professional must  be
21             named  in  the  phase-one proposals submitted to the
22             Service Board.
23                  (iii)  On the basis of the  phase-one  proposal
24             the  Service  Board  shall select as the most highly
25             qualified the number of offerors  specified  in  the
26             solicitation  and  request  the selected offerors to
27             submit phase-two competitive proposals and  cost  or
28             price information.  Each solicitation must establish
29             the  relative  importance assigned to the evaluation
30             factors and the subfactors that must  be  considered
31             in  the  evaluation  of  phase-two  proposals on the
32             basis of the evaluation factors  set  forth  in  the
33             solicitation.   A  Service  Board may negotiate with
34             the selected design/build team after award but prior
 
                            -21-     LRB093 01985 LCB 01984 b
 1             to contract execution for the  purpose  of  securing
 2             better  terms than originally proposed, provided the
 3             salient features of  the  design/build  solicitation
 4             are  not  diminished.  Each  phase-two  solicitation
 5             evaluates  separately  (A)  the technical submission
 6             for  the  proposal,  including  design  concepts  or
 7             proposed solutions to requirements addressed  within
 8             the  scope  of  work, and (B) the evaluation factors
 9             and subfactors, including cost or price,  that  must
10             be considered in the evaluations of proposals.
11                  (iv)  A  design/build solicitation issued under
12             the procedures in this subsection  (b)  shall  state
13             the  maximum  number  of  offerors  that  are  to be
14             selected to submit competitive phase-two  proposals.
15             The  maximum  number  specified  in the solicitation
16             shall not exceed 5 unless  the  Service  Board  with
17             respect  to  an  individual  solicitation determines
18             that a specified number greater than  5  is  in  the
19             best interest of the Service Board and is consistent
20             with  the  purposes  and objectives of the two-phase
21             design/build selection process.
22                  (v)  All  designs  submitted  as  part  of  the
23             two-phase selection process and not  selected  shall
24             be proprietary to the preparers.
25    (Source: P.A. 89-664, eff. 8-14-96.)

26        Section  40.   The  School  Code  is  amended by changing
27    Section 10-20.21 as follows:

28        (105 ILCS 5/10-20.21) (from Ch. 122, par. 10-20.21)
29        Sec. 10-20.21.  Contracts. To  award  all  contracts  for
30    purchase  of  supplies,  materials  or work or contracts with
31    private carriers for transportation of  pupils  involving  an
32    expenditure  in  excess  of $10,000 to the lowest responsible
 
                            -22-     LRB093 01985 LCB 01984 b
 1    bidder, considering conformity with specifications, terms  of
 2    delivery,    quality    and    serviceability,    after   due
 3    advertisement, except the following: (i)  contracts  for  the
 4    services   of   individuals   possessing  a  high  degree  of
 5    professional skill  where  the  ability  or  fitness  of  the
 6    individual  plays  an  important part; (ii) contracts for the
 7    printing  of  finance  committee  reports  and   departmental
 8    reports;  (iii)  contracts  for  the printing or engraving of
 9    bonds, tax warrants and other evidences of indebtedness; (iv)
10    contracts for the purchase of perishable foods and perishable
11    beverages; (v) contracts for materials and  work  which  have
12    been  awarded  to  the  lowest  responsible  bidder after due
13    advertisement, but due to unforeseen revisions, not the fault
14    of the contractor for materials and  work,  must  be  revised
15    causing  expenditures  not  in  excess of 10% of the contract
16    price; (vi) contracts for the maintenance or servicing of, or
17    provision of repair parts for, equipment which are made  with
18    the   manufacturer   or  authorized  service  agent  of  that
19    equipment where  the  provision  of  parts,  maintenance,  or
20    servicing  can  best  be  performed  by  the  manufacturer or
21    authorized  service  agent;  (vii)  (blank);  purchases   and
22    contracts  for  the  use,  purchase,  delivery,  movement, or
23    installation  of  data  processing  equipment,  software,  or
24    services and telecommunications and  interconnect  equipment,
25    software,  and  services;  (viii)  contracts  for duplicating
26    machines and supplies; (ix) contracts  for  the  purchase  of
27    natural  gas  when  the  cost  is less than that offered by a
28    public utility; (x) purchases of equipment  previously  owned
29    by some entity other than the district itself; (xi) contracts
30    for   repair,   maintenance,   remodeling,   renovation,   or
31    construction,  or  a  single project involving an expenditure
32    not to exceed $20,000 and not involving a change or  increase
33    in  the  size, type, or extent of an existing facility; (xii)
34    contracts  for  goods  or  services  procured  from   another
 
                            -23-     LRB093 01985 LCB 01984 b
 1    governmental  agency;  (xiii) contracts for goods or services
 2    which are economically procurable from only one source,  such
 3    as   for  the  purchase  of  magazines,  books,  periodicals,
 4    pamphlets and reports,  and  for  utility  services  such  as
 5    water,  light,  heat, telephone or telegraph; and (xiv) where
 6    funds  are  expended  in  an  emergency  and  such  emergency
 7    expenditure is approved by 3/4 of the members of  the  board.
 8    All  competitive  bids for contracts involving an expenditure
 9    in excess of $10,000 must be sealed by the bidder and must be
10    opened by a member or employee  of  the  school  board  at  a
11    public bid opening  at which the contents of the bids must be
12    announced.  Each  bidder must receive at least 3 days' notice
13    of the time and place of the bid  opening.  For  purposes  of
14    this  Section  due advertisement includes, but is not limited
15    to, at least one public notice at least 10  days  before  the
16    bid  date  in a newspaper published in the district, or if no
17    newspaper is published in the district,  in  a  newspaper  of
18    general circulation in the area of the district.
19    (Source: P.A. 86-411; 87-414.)

20        Section  45.  The Public Community College Act is amended
21    by changing Section 3-27.1 as follows:

22        (110 ILCS 805/3-27.1) (from Ch. 122, par. 103-27.1)
23        Sec. 3-27.1.  Contracts.   To  award  all  contracts  for
24    purchase   of   supplies,  materials  or  work  involving  an
25    expenditure in excess of $10,000 to  the  lowest  responsible
26    bidder  considering  conformity with specifications, terms of
27    delivery,   quality,   and    serviceability;    after    due
28    advertisement,  except  the  following: (a) contracts for the
29    services  of  individuals  possessing  a   high   degree   of
30    professional  skill  where  the  ability  or  fitness  of the
31    individual plays an important part;  (b)  contracts  for  the
32    printing   of  finance  committee  reports  and  departmental
 
                            -24-     LRB093 01985 LCB 01984 b
 1    reports; (c) contracts  for  the  printing  or  engraving  of
 2    bonds,  tax warrants and other evidences of indebtedness; (d)
 3    contracts for materials and work which have been  awarded  to
 4    the  lowest  responsible  bidder after due advertisement, but
 5    due to unforeseen revisions, not the fault of the  contractor
 6    for  materials and work, must be revised causing expenditures
 7    not in excess of 10% of the contract price; (e) contracts for
 8    the maintenance or servicing of, or provision of repair parts
 9    for, equipment  which  are  made  with  the  manufacturer  or
10    authorized   service   agent  of  that  equipment  where  the
11    provision of parts, maintenance, or  servicing  can  best  be
12    performed  by  the  manufacturer or authorized service agent;
13    (f) purchases and contracts for the use, purchase,  delivery,
14    movement,  or  installation  of  data  processing  equipment,
15    software,    or    services    and   telecommunications   and
16    inter-connect  equipment,   software,   and   services;   (g)
17    contracts  for  duplicating  machines  and  supplies;  (g)(h)
18    contracts  for  the  purchase of natural gas when the cost is
19    less than that offered by a public utility; (h)(i)  purchases
20    of  equipment  previously owned by some entity other than the
21    district itself; (i)(j) contracts  for  repair,  maintenance,
22    remodeling,  renovation, or construction, or a single project
23    involving an  expenditure  not  to  exceed  $15,000  and  not
24    involving  a  change or increase in the size, type, or extent
25    of an  existing  facility;  (j)(k)  contracts  for  goods  or
26    services  procured  from  another governmental agency; (k)(l)
27    contracts  for  goods  or  services  which  are  economically
28    procurable from only one source, such as for the purchase  of
29    magazines, books, periodicals, pamphlets and reports, and for
30    utility  services  such  as  water, light, heat, telephone or
31    telegraph;  and  (l)(m)  where  funds  are  expended  in   an
32    emergency  and  such emergency expenditure is approved by 3/4
33    of the members of the board.
34        All  competitive  bids   for   contracts   involving   an
 
                            -25-     LRB093 01985 LCB 01984 b
 1    expenditure in excess of $10,000 must be sealed by the bidder
 2    and  must be opened by a member or employee of the board at a
 3    public bid opening at which the contents of the bids must  be
 4    announced.  Each  bidder must receive at least 3 days' notice
 5    of the time and place of such bid opening.  For  purposes  of
 6    this  Section  due advertisement includes, but is not limited
 7    to, at least one public notice at least 10  days  before  the
 8    bid  date  in a newspaper published in the district, or if no
 9    newspaper is published in the district,  in  a  newspaper  of
10    general circulation in the area of the district.
11        The provisions of this Section do not apply to guaranteed
12    energy savings contracts entered into under Article V-A.
13    (Source: P.A. 87-1023; 88-173.)