(65 ILCS 5/8-8-4) (from Ch. 24, par. 8-8-4)
Sec. 8-8-4. Overdue reports.
(a) In the event the required audit report for
a municipality is not filed
with the Comptroller in accordance with Section 8-8-7 within 180 days after
the close of the fiscal year of the municipality, the Comptroller shall
notify the corporate authorities of that municipality in writing that the
audit report is due, and may also grant an extension of time of 60 days,
for the filing of the audit report. In the event the required audit report
is not filed within the time specified in such written notice, the
Comptroller shall cause such audit to be made by an auditor or auditors. In the event the required annual or supplemental report for a
municipality is not filed within 6 months after the close of the fiscal
year of the municipality, the Comptroller shall notify the corporate
authorities of that municipality in writing that the annual or supplemental
report is due and may grant an extension in time of 60 days for the filing
of such annual or supplemental report.
(b) In the event the annual or supplemental report is not filed within
the
time extended by the Comptroller, the Comptroller shall cause such annual
or supplemental report to be prepared or completed and the municipality
shall pay to the Comptroller reasonable compensation and expenses to
reimburse him for the cost of preparing or completing such annual or
supplemental report.
Moneys paid to the Comptroller pursuant to the preceding sentence shall be
deposited into the Comptroller's Audit Expense Revolving Fund.
(c) The Comptroller may decline to order an audit or the completion of the
supplemental report if an initial examination of the books and records of the
municipality indicates that books and records of the municipality are
inadequate or unavailable to support the preparation of the audit report or the
supplemental report due to the passage of time or the occurrence of a natural
disaster.
(d) The State Comptroller may grant extensions for delinquent audits or reports. The Comptroller may charge a municipality a fee for a delinquent audit or report of $5 per day for the first 15 days past due, $10 per day for 16 through 30 days past due, $15 per day for 31 through 45 days past due, and $20 per day for the 46th day and every day thereafter. These amounts may be reduced at the Comptroller's discretion. All fees collected under this subsection (d) shall be deposited into the Comptroller's Administrative Fund. (Source: P.A. 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-5) (from Ch. 24, par. 8-8-5)
Sec. 8-8-5.
(a) Prior to fiscal year 2019, the audit shall be made in accordance with generally accepted
auditing standards. Reporting on the financial position and results of
financial operations for each fund of the municipality shall be in
accordance with generally accepted accounting principles or other comprehensive basis of accounting. Each audit report shall include only financial information,
findings, and conclusions that are adequately supported by evidence in the
auditor's working papers to demonstrate or prove, when called upon, the
basis for the matters reported and their correctness and reasonableness.
In connection with this, each municipality shall retain the right of
inspection of the auditor's working papers and shall make them available to
the Comptroller, or his or her designee, upon request. The audit report shall
consist of the professional opinion of the auditor or auditors with
respect to the financial statements or, if an opinion cannot be expressed,
a declaration that the auditor is unable to express such opinion and an
explanation of the reasons he or she cannot do so. Municipal authorities shall not
impose limitations on the scope of the audit to the extent that the effect
of such limitations will result in the qualification of the opinion of the auditor or auditors. Each audit report filed with the Comptroller
shall be accompanied by a copy of each official statement or other offering
of materials prepared in connection with the issuance of indebtedness of
the municipality since the filing of the last audit report.
(b) For fiscal year 2019 and each fiscal year thereafter, the audit report shall include the financial statements for governmental activities, business-type activities, discretely presented component units, and each major fund and aggregated nonmajor fund. The audit report shall also include the professional opinion or opinions of the auditor or auditors with respect to the financial statements or, if an opinion cannot be expressed, a declaration that the auditor is unable to express an opinion and an explanation of the reasons he or she cannot do so. Each auditor's report shall include a representation by the auditor or auditors conducting the audit has been performed in accordance with generally accepted auditing standards. Municipal authorities shall not impose limitations on the scope of the audit to the extent that the effect of the limitations will result in the modification of the opinion or opinions of the auditor or auditors. Each audit report filed with the Comptroller shall be accompanied by a copy of each official statement or other offering of materials prepared in connection with the issuance of indebtedness of the municipality since the filing of the last audit report. (c) For fiscal year 2019 and each fiscal year thereafter, audit reports shall contain financial statements prepared in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards if the last audit report filed preceding fiscal year 2019 expressed an unmodified or modified opinion by the auditor that the financial statements were prepared in accordance with generally accepted accounting principles.
(d) For fiscal year 2019 and each fiscal year thereafter, audit reports containing financial statements prepared in accordance with an other comprehensive basis of accounting may follow the best practices and guidelines outlined by the American Institute of Certified Public Accountants and shall be audited in accordance with generally accepted auditing standards. If the corporate authority of a municipality submits an audit report containing financial statements prepared in accordance with generally accepted accounting principles, thereafter all future audit reports shall also contain financial statements prepared in accordance with generally accepted accounting principles. (e) Audits may be made on financial statements prepared using either an accrual or cash basis of accounting, depending upon the system followed by the municipality, and audit reports shall comply with this Section.(Source: P.A. 100-837, eff. 8-13-18; 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-7) (from Ch. 24, par. 8-8-7)
Sec. 8-8-7.
When the auditor or auditors have completed the audit,
not less than 2 copies of a report of the audit shall be made and signed by
the making such audit, and shall immediately be filed with the
municipality audited. Each audit report shall include the certification
of the auditor or auditors making the audit that the audit has been
performed in compliance with generally accepted auditing standards.
The municipality shall immediately make one copy of
the report, or one copy of the report authorized by this Division 8 in lieu
of an audit report, a part of its public records and at all times
thereafter this copy shall be open to public inspection. In addition, the
municipality shall file one copy of the report with the Comptroller.
An audit report which fails to meet the requirements of this Act shall be
rejected by the Comptroller and returned to the municipal authorities for
corrective action. Nothing in this Section shall be construed as
preventing a municipality, in
filing its audit report with the Comptroller, from transmitting with such
report any comment or explanation that it may desire to make concerning
that report. The audit report filed with the Comptroller, together with any
accompanying comment or explanation, shall immediately become a part of his
public records and shall at all times thereafter be open to public
inspection. It shall be unlawful for the auditor to make any disclosure
of the result of any examination of any public account excepting as he does
so directly to the corporate authorities of the municipality audited.
(Source: P.A. 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-8) (from Ch. 24, par. 8-8-8)
Sec. 8-8-8.
The expenses of the audit and investigation of public accounts
provided for in Division 8, whether ordered by the corporate authorities
or the Comptroller, shall be paid by the municipality for which the
audit is made. Payment shall be ordered by the corporate authorities out
of the funds of the municipality and it shall be the duty of such
authorities to make provisions for payment. Contracts for the
performance of audits required by this Division 8 may be entered into
without competitive bidding. If the audit is made by an auditor or auditors retained by the Comptroller, the municipality shall pay to
the Comptroller reasonable compensation and expenses to reimburse him
for the cost of making such audit.
The corporate authorities of all municipalities coming under the
provisions of this Division 8 shall have the power to annually levy a
"Municipal Auditing Tax" upon all of the taxable property of the
municipalities at the rate on the dollar which will produce an amount
which will equal a sum sufficient to meet the cost of all auditing and
reports thereunder. Such municipal auditing tax shall be held in a
special fund and used for no other purpose than the payment of expenses
occasioned by this Division 8.
The tax authorized by this Section shall be in addition to taxes for
general corporate purposes authorized under Section 8-3-1 of this Act.
(Source: P.A. 101-419, eff. 1-1-20.)
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(65 ILCS 5/8-8-9) (from Ch. 24, par. 8-8-9)
Sec. 8-8-9.
The provisions of the Division 8 shall not be construed
to relieve any officer of any duties now required by law of him with
relation to the auditing of public accounts or the disbursement of
public funds. Failure of the corporate authorities of any municipality
to comply with any of the provisions of this Division 8 shall not affect
the legality of taxes levied for any of the funds of such municipality.
Notwithstanding any provision to the contrary, any municipality which
files audits or audit reports with the Comptroller in compliance with
this Act shall not be required to file any additional audits or audit
reports with any state governmental agency providing motor fuel tax
funds to such municipality. Any such state governmental agency may
obtain copies of all audits and audit reports from the Comptroller.
(Source: P.A. 80-423.)
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(65 ILCS 5/8-8-10) (from Ch. 24, par. 8-8-10)
Sec. 8-8-10.
The corporate authorities of a municipality may establish
an audit committee, and may appoint members of the corporate authority or
other appropriate officers to the committee, to review audit reports prepared
under this Act and any other financial reports and documents, including
management letters prepared by or on behalf of the municipality.
(Source: P.A. 82-644.)
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(65 ILCS 5/8-8-10.5) Sec. 8-8-10.5. Audit report disclosure. Each fiscal year, within 60 days of the close of an audit under this Act, the auditor conducting the audit of all of the funds and accounts of a municipality shall do each of the following: (1) Provide a copy of any management letter and a | ||
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(2) Present the information from the audit to the | ||
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(Source: P.A. 98-738, eff. 1-1-15.) |
(65 ILCS 5/Art. 8 Div. 9 heading) DIVISION 9.
PURCHASING AND PUBLIC
WORKS CONTRACTS IN MUNICIPALITIES
OF LESS THAN 500,000
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(65 ILCS 5/8-9-1) (from Ch. 24, par. 8-9-1)
Sec. 8-9-1. In municipalities of less than 500,000 except
as otherwise provided in Articles 4 and 5 any work or other
public improvement which is not to be paid for in whole or in
part by special assessment or special taxation, when the expense
thereof will exceed $25,000, shall be constructed either (1)
by a contract let to the lowest responsible bidder after
advertising for bids, in the manner prescribed by ordinance,
except that any such contract may be entered into by the proper
officers without advertising for bids, if authorized by a vote
of two-thirds of all the alderpersons or trustees then holding office;
or (2) in the following manner, if authorized by a vote of
two-thirds of all the alderpersons or trustees then holding office,
to-wit: the commissioner of public works or other proper officers
to be designated by ordinance, shall superintend and cause to
be carried out the construction of the work or other public
improvement and shall employ exclusively for the performance
of all manual labor thereon, laborers and artisans whom the
municipality shall pay by the day or hour; and all material
of the value of $25,000 and upward used in the construction of
the work or other public improvement, shall be purchased by
contract let to the lowest responsible bidder in the manner
to be prescribed by ordinance. However, nothing contained
in this Section shall apply to any contract by a city, village
or incorporated town with the federal government or any agency thereof.
In every city which has adopted Division 1 of Article 10,
every such laborer or artisan shall be certified by the civil
service commission to the commissioner of public works or other
proper officers, in accordance with the requirement of that division.
In municipalities of 500,000 or more population the letting of
contracts for work or other public improvements of the character
described in this Section shall be governed by the provisions of
Division 10 of this Article 8.
(Source: P.A. 102-15, eff. 6-17-21.)
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(65 ILCS 5/8-9-2) (from Ch. 24, par. 8-9-2)
Sec. 8-9-2.
(a) In municipalities of less than 500,000 population, the
corporate authorities may provide by ordinance that all supplies needed for
use of the municipality shall be furnished by contract, let to the lowest
bidder.
In municipalities of more than 500,000 population the provisions of
Division 10 of this Article 8 shall apply to and govern the purchase of
supplies.
The provisions of this Section are subject to any contrary provisions
contained in "An Act concerning the use of Illinois mined coal in certain
plants and institutions", filed July 13, 1937, as heretofore and hereafter
amended.
(b) The corporate authorities of a municipality may by ordinance provide
that
contracts to provide goods and services to the municipality contain a provision
requiring
the contractor and its affiliates to collect and remit Illinois Use Tax on all
sales of
tangible personal property into the State of Illinois in accordance with the
provisions of
the Illinois Use Tax Act, and municipal use tax on all sales of tangible
personal property
into the municipality in accordance with a municipal ordinance authorized by
Section 8-11-6 or 8-11-1.5, during the term of the contract or for some other
specified
period,
regardless of whether the contractor or affiliate is a "retailer maintaining a
place of
business within this State" as defined in Section 2 of the Use Tax Act. The
provision
may state that if the requirement is not met, the contract may be terminated by
the
municipality, and the contractor may be subject to such other penalties or the
exercise of
such remedies as may be stated in the contract or the ordinance adopted under
this
Section. An ordinance adopted under this Section may contain exceptions for
emergencies or other circumstances when the exception is in the best interest of
the
public. For purposes of this Section, the term "affiliate" means any entity
that (1)
directly, indirectly, or constructively controls another entity, (2) is
directly, indirectly, or
constructively controlled by another entity, or (3) is subject to the control of
a common
entity. For purposes of this subsection (b), an entity controls another entity
if it owns,
directly or individually, more than 10% of the voting securities of that
entity. As used in
this subsection (b), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(Source: P.A. 93-25, eff. 6-20-03.)
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(65 ILCS 5/8-9-3) (from Ch. 24, par. 8-9-3)
Sec. 8-9-3.
In the event of a conflict between the application of this
Division 9 of Article 8 and the application of "An Act concerning
municipalities, counties and other
political subdivisions", enacted by the 85th General Assembly,
the provisions of "An Act concerning
municipalities, counties and other political subdivisions"
shall prevail.
(Source: P.A. 85-854.)
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(65 ILCS 5/8-9-4)
Sec. 8-9-4.
Long-term contracts.
Any municipality may enter into a
long-term energy
contract, even if the length of the contract would exceed the term of office of
the
corporate authorities that approved the contract.
(Source: P.A. 93-58, eff. 1-1-04.)
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(65 ILCS 5/Art. 8 Div. 10 heading) DIVISION 10.
PURCHASING AND PUBLIC
WORKS CONTRACTS IN CITIES OF
MORE THAN 500,000
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(65 ILCS 5/8-10-1) (from Ch. 24, par. 8-10-1)
Sec. 8-10-1.
This division shall be known and is hereafter designated as
"Municipal purchasing act for cities of 500,000 or more population."
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-2) (from Ch. 24, par. 8-10-2)
Sec. 8-10-2.
In addition to all the rights, powers, privileges, duties, and
obligations conferred thereon elsewhere in this division or any other Acts,
all cities of 500,000 or more population shall have the rights, powers and
privileges and shall be subject to the duties and obligations conferred
thereon by this Division 10.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-2.5)
Sec. 8-10-2.5.
Airports.
This Division 10 applies to purchase orders and
contracts relating to airports owned or operated by a municipality of more than
500,000 population.
(Source: P.A. 89-405, eff. 11-8-95.)
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(65 ILCS 5/8-10-3) (from Ch. 24, par. 8-10-3)
Sec. 8-10-3.
(a) Except as otherwise herein provided, all purchase
orders
or contracts of whatever nature, for labor, services or work, the
purchase, lease, or sale of personal property, materials, equipment or
supplies, involving amounts in excess of $10,000, made by or on behalf of
any such municipality, shall be let by free and open competitive bidding
after advertisement, to the lowest responsible bidder, or in the
appropriate instance, to the highest responsible bidder, depending upon
whether such municipality is to expend or to receive money. All such
purchase orders or contracts, as defined above, which shall involve
amounts of $10,000, or less, shall be let in the manner described above
whenever practicable, except that such purchase orders or contracts may
be let in the open market in a manner calculated to insure the best
interests of the public, after solicitation of bids by mail, telephone,
or otherwise. The provisions of this Section are subject to any contrary
provision contained in "An Act concerning the use of Illinois mined coal
in certain plants and institutions", filed July 13, 1937, as heretofore
and hereafter amended.
(b) The corporate authorities of a municipality may by ordinance provide
that
contracts to provide goods and services to the municipality contain a provision
requiring
the contractor and its affiliates to collect and remit Illinois Use Tax on all
sales of
tangible personal property into the State of Illinois in accordance with the
provisions of
the Illinois Use Tax Act, and municipal use tax on all sales of tangible
personal property
into the municipality in accordance with a municipal ordinance authorized by
Section 8-11-6 or 8-11-1.5, during the term of the contract or for some other
specified
period,
regardless of whether the contractor or affiliate is a "retailer maintaining a
place of
business within this State" as defined in Section 2 of the Use Tax Act. The
provision
may state that if the requirement is not met, the contract may be terminated by
the
municipality, and the contractor may be subject to such other penalties or the
exercise of
such remedies as may be stated in the contract or the ordinance adopted under
this
Section. An ordinance adopted under this Section may contain exceptions for
emergencies or other circumstances when the exception is in the best interest of
the
public. For purposes of this Section, the term "affiliate" means any entity
that (1)
directly, indirectly, or constructively controls another entity, (2) is
directly, indirectly, or
constructively controlled by another entity, or (3) is subject to the control of
a common
entity. For purposes of this subsection (b), an entity controls another entity
if it owns,
directly or individually, more than 10% of the voting securities of that
entity.
As used in
this subsection (b), the term "voting security" means a security that (1)
confers upon the
holder the right to vote for the election of members of the board of directors
or similar
governing body of the business or (2) is convertible into, or entitles the
holder to receive
upon its exercise, a security that confers such a right to vote. A general
partnership
interest is a voting security.
(Source: P.A. 93-25, eff. 6-20-03.)
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(65 ILCS 5/8-10-4) (from Ch. 24, par. 8-10-4)
Sec. 8-10-4.
Contracts which by their nature are not adapted to award by
competitive bidding, such as but not limited to contracts for the services
of individuals possessing a high degree of professional skill where the
ability or fitness of the individual plays an important part, contracts for
supplies, materials, parts or equipment which are available only from a
single source, contracts for printing of finance committee pamphlets,
comptroller's estimates, and departmental reports, contracts for the
printing or engraving of bonds, water certificates, tax warrants and other
evidences of indebtedness, contracts for utility services such as water,
light, heat, telephone or telegraph, and contracts for the purchase of
magazines, books, periodicals and similar articles of an educational or
instructional nature, and the binding of such magazine, books, periodicals,
pamphlets, reports and similar articles shall not be subject to the
competitive bidding requirements of this Article. The purchasing agent
hereinafter provided for is hereby expressly authorized to procure from any
federal, state or local governmental unit or agency thereof such materials,
supplies, commodities or equipment as may be made available through the
operation of any legislation heretofore or hereafter enacted without
conforming to the competitive bidding requirements of this Division 10.
Regular employment contracts in the municipal service, whether with respect
to the classified service or otherwise, shall not be subject to the
provisions of this Division 10, nor shall this Division 10 be applicable to
the granting or issuance pursuant to powers conferred by laws, ordinances
or resolutions, of franchises, licenses, permits or other authorizations by
the corporate authorities of the municipality, or by departments, offices,
institutions, boards, commissions, agencies or other instrumentalities
thereof, nor to contracts or transactions, other than the sale or lease of
personal property, pursuant to which the municipality is the recipient of
money. The purchasing agent may sell or cause to be loaned with proper
surety, materials common only to the municipal water distribution system,
to such corporations and individuals, upon a proper showing that they are
unable to obtain such materials for the purpose of obtaining water from the
water system, or while awaiting shipment from manufacturers or vendors of
such material, provided, that proper charges for the sale of such material
shall be made to such extent as to save the municipality from monetary
losses in such transactions.
(Source: Laws 1967, p. 3599.)
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(65 ILCS 5/8-10-5) (from Ch. 24, par. 8-10-5)
Sec. 8-10-5.
In the case of an emergency affecting the public health
or safety, so declared by the corporate authorities of the municipality
at a meeting thereof duly convened, which declaration shall require the
affirmative vote of a majority of all the members thereof and shall set
forth the nature of the danger to the public health or safety, contracts
may be let to the extent necessary to resolve such emergency without
public advertisement. The resolution or ordinance in which such
declaration is embodied shall fix the date upon which such emergency
shall terminate, which date may be extended or abridged by the corporate
authorities as in their judgment the circumstances require.
The purchasing agent hereinafter provided for, may purchase or may
authorize in writing any agency of such municipal government or of the
institutions, boards or commissions thereof, if any, to purchase in the
open market without filing requisition or estimate therefor, and without
advertisement, any supplies, materials or equipment, for immediate
delivery to meet bona fide operating emergencies where the amount
thereof is not in excess of $40,000. A full written account of any such
emergency together with a requisition for the materials, supplies or
equipment required therefor shall be submitted immediately to the
purchasing agent and shall be open to public inspection for a period of
at least one year subsequent to the date of such emergency purchase. The
exercise of the authority herein vested in the purchasing agent in
respect to purchases for such bona fide operating emergencies shall not
be dependent upon a declaration of emergency by the corporate
authorities under the first paragraph of this section.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-6) (from Ch. 24, par. 8-10-6)
Sec. 8-10-6.
The responsible head of each major department, office,
institution, board, commission, agency or instrumentality of such
municipal government shall certify in writing to the purchasing agent
the names of such officers or employees who shall be exclusively
authorized to sign requests for purchase for such respective department,
office, institution, board, commission, agency or instrumentality, and
all requests for purchase shall be void unless executed by such
certified officers or employees and approved by the purchasing agent.
Except as to emergency contracts authorized by Section 8-10-5, no
undertaking involving amounts in excess of $10,000 shall be split into
parts, by the requisitioning agent or otherwise, so as to produce
amounts of $10,000 or less, for the purpose of avoiding the provisions of
this Division 10.
The term "responsible head" as used herein shall, in the case of the
corporate authorities of the municipality, be such member, members, or
committee thereof as shall be designated by appropriate resolution or
order adopted by such corporate authorities.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-7) (from Ch. 24, par. 8-10-7)
Sec. 8-10-7.
All proposals to award purchase orders or contracts
involving amounts in excess of $10,000 shall be published at least 10
days, excluding Sundays and legal holidays, in advance of the date
announced for the receiving of bids, in a secular English language daily
newspaper of general circulation throughout such municipality and shall
simultaneously be posted on readily accessible bulletin boards in the
office of the purchasing agent. Nothing contained in this section shall
be construed to prohibit the purchasing agent from placing additional
announcements in recognized trade journals. Advertisements for bids
shall describe the character of the proposed contract or agreement in
sufficient detail to enable the bidders thereon to know what their
obligations will be, either in the advertisement itself, or by reference
to detailed plans and specifications on file at the time of the
publication of the first announcement. Such advertisement shall also
state the date, time and place assigned for the opening of bids, and no
bids shall be received at any time subsequent to the time indicated in
the announcement. However, an extension of time may be granted for the
opening of such bids upon publication in a secular English newspaper of
general circulation throughout such municipality of the date to which
the bid opening has been extended. The time of the bid extension opening
shall not be less than 5 days after the publication thereof, Sundays and
legal holidays excluded.
Cash, cashier's check, a certified check, a comptroller's
certificate of moneys owed the particular vendor, or a bid bond with
adequate surety approved by the purchasing agent as a deposit of good
faith, in a reasonable amount, but not in excess of 10% of the contract
amount may be required of each bidder by the purchasing agent on all
bids involving amounts in excess of $10,000 and, if so required, the
advertisement for bids shall so specify.
(Source: P.A. 84-1269.)
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(65 ILCS 5/8-10-8) (from Ch. 24, par. 8-10-8)
Sec. 8-10-8.
Any agreement or collusion among bidders or prospective
bidders in restraint of freedom of competition by agreement to bid a fixed
price, or otherwise, shall render the bids of such bidders void. Each
bidder shall accompany his bid with a sworn statement, or otherwise swear
or affirm, that he has not been a party to any such agreement. Any
disclosure in advance of the opening of bids, of the terms of the bids
submitted in response to an advertisement, made or permitted by the
purchasing agent shall render the proceedings void and shall require
re-advertisement and re-award.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-8.5)
Sec. 8-10-8.5.
Disclosure.
Each person submitting a bid or proposal in
relation to any contract in excess of $10,000 under this Division 10, including
contracts exempt from competitive bidding under Section 8-10-4 or 8-10-5, must
disclose in his or her application the name of each individual having a
beneficial interest of more than 7 1/2% in the enterprise and,
if the person wishing to submit a bid or proposal is a
corporation, the names of all its officers and directors. The person
shall notify the municipality of any changes in its ownership or
officers at the time such changes occur. In the case of emergency contracts
under Section 8-10-5, disclosure under this Section shall be made within 14
days after the contract.
(Source: P.A. 89-405, eff. 11-8-95.)
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(65 ILCS 5/8-10-9) (from Ch. 24, par. 8-10-9)
Sec. 8-10-9.
All sealed bids shall be publicly opened by the purchasing
agent of such municipality, or by an officer or employee in the office of
the purchasing agent duly authorized in writing by the purchasing agent to
open such bids, and all such bids shall be open to public inspection in the
office of the purchasing agent for a period of at least 48 hours before
award is made.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-10) (from Ch. 24, par. 8-10-10)
Sec. 8-10-10.
The award of any contract involving amounts in excess
of $10,000 shall be made by the purchasing agent to the lowest or highest
responsible bidder as provided in Section 8-10-3. Every contract
involving amounts in excess of $10,000 shall be signed by the mayor or
his duly designated agent, by the comptroller and by the purchasing
agent, respectively, of such municipality. Each bid, with the name of
the bidder, shall be entered on a record which record with the name of
the successful bidder indicated thereon, shall, after award of contract,
be open to public inspection in the office of the purchasing agent of
such municipality.
All purchase orders or contracts involving amounts of $10,000 or less
shall be awarded by the purchasing agent to the lowest or highest
responsible bidder as provided in Section 8-10-3 and shall be signed by
the purchasing agent and by the comptroller.
An official copy of each awarded purchase order or contract together
with all necessary attachments thereto, including assignments and
written consents thereto of the purchasing agent as authorized by
Section 8-10-14, shall be retained by the purchasing agent in an
appropriate file open to the public for such period of time after
termination of contract during which action against the municipality
might ensue under applicable laws of limitation. After such period such
purchase orders, contracts and attachments may be destroyed by direction
of the purchasing agent.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-11) (from Ch. 24, par. 8-10-11)
Sec. 8-10-11.
In determining the responsibility of any bidder the
purchasing agent may take into account other factors in addition to
financial responsibility, such as past records of transactions with the
bidder, experience, adequacy of equipment, ability to complete performance
within a specified time limit and other pertinent considerations.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-12) (from Ch. 24, par. 8-10-12)
Sec. 8-10-12.
Any and all bids received in response to an advertisement may
be rejected by the purchasing agent if the bidder is not deemed
responsible, or the character or quality of the services, supplies,
materials, equipment or labor does not conform to requirements or if the
public interest may otherwise be served thereby.
(Source: Laws 1961, p. 576.)
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(65 ILCS 5/8-10-13) (from Ch. 24, par. 8-10-13)
Sec. 8-10-13.
Bond, with sufficient sureties, in such amount as shall
be deemed adequate, not only to insure performance of contract in the
time and manner prescribed in the contract, but also to save, indemnify,
and keep harmless the municipality against all loss, damages, claims,
liabilities, judgments, costs, and expenses which may in anywise accrue
against the municipality in consequence of the granting of the contract,
or which may in anywise result therefrom, may be required of each bidder
upon contracts involving amounts in excess of $10,000 when, in the
opinion of the purchasing agent, the public interests will be served
thereby.
(Source: P.A. 81-1376.)
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(65 ILCS 5/8-10-14) (from Ch. 24, par. 8-10-14)
Sec. 8-10-14.
No contract awarded to the lowest responsible bidder or to
the highest responsible bidder, as the case may be, shall be assignable or
sublet by the successful bidder without the written consent of the
purchasing agent. In no event shall a contract or any part thereof be
assigned or sublet to a bidder who had been declared not to be a
responsible bidder in the consideration of bids submitted in response to
advertisement for the particular contract.
(Source: Laws 1967, p. 3599.)
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