[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ Engrossed ] | [ Enrolled ] |
| [ Senate Amendment 001 ] |
91_HB0806ham001
LRB9102317MWgcam02
1 AMENDMENT TO HOUSE BILL 806
2 AMENDMENT NO. . Amend House Bill 806 by replacing
3 the title with the following:
4 "AN ACT to amend the Metropolitan Pier and Exposition
5 Authority Act by changing Sections 22, 23.1, 24, and 25.1.";
6 and
7 by replacing everything after the enacting clause with the
8 following:
9 "Section 5. The Metropolitan Pier and Exposition
10 Authority Act is amended by changing Sections 22, 23.1, 24,
11 and 25.1 as follows:
12 (70 ILCS 210/22) (from Ch. 85, par. 1242)
13 Sec. 22. (a) The Governor shall appoint, subject to the
14 approval of the Mayor (which approval shall be deemed granted
15 unless a written disapproval is made within 15 days after
16 notice of the appointment), a chief executive officer of the
17 Authority, subject to the general control of the Board, who
18 shall be responsible for the management of the properties,
19 business and employees of the authority, shall direct the
20 enforcement of all ordinances, resolutions, rules and
21 regulations of the Board, and shall perform such other duties
-2- LRB9102317MWgcam02
1 as may be prescribed from time to time by the Board. The
2 chief executive officer, in his discretion, may make
3 recommendations to the Board with respect to appointments
4 pursuant to this Section 22, contracts and policies and
5 procedures. Any officers, attorneys, engineers, consultants,
6 agents and employees appointed in accordance with this
7 Section 22 shall report to the chief executive officer.
8 (b) The Board may appoint other officers who are subject
9 to the general control of the Board and who are subordinate
10 to the chief executive officer. Such officers may include,
11 but are not limited to, a general manager of the McCormick
12 Place facility, a general manager of the Navy Pier facility,
13 if established, a general attorney and a chief engineer. The
14 Board shall provide for the appointment of such other
15 officers, attorneys, engineers, consultants, agents and
16 employees as may be necessary. It shall define their duties
17 and require bonds of such of them as the Board may designate.
18 (c) The chief executive officer and other officers
19 appointed by the Board, general managers, general attorney,
20 chief engineer, and all other officers provided for pursuant
21 to this Section shall be exempt from taking and subscribing
22 any oath of office and shall not be members of the Board.
23 The compensation of the chief executive officer, general
24 managers, general attorney, chief engineer, and all other
25 officers, attorneys, consultants, agents and employees shall
26 be fixed by the Board.
27 (d) The Board shall, within 180 days after the effective
28 date of this amendatory Act of 1985, adopt a personnel code
29 governing the Authority's employment, evaluation, promotion
30 and discharge of employees. Such code may be modeled after
31 the standards and procedures found in the Personnel Code,
32 including provisions for (i) competitive examinations, (ii)
33 eligibility lists for appointment and promotion, (iii)
34 probationary periods and performance records, (iv) layoffs,
-3- LRB9102317MWgcam02
1 discipline and discharges, and (v) such other matters, not
2 inconsistent with law, as may be necessary for the proper and
3 efficient operation of the Authority and its facilities.
4 The Authority shall conduct an annual review of (i) the
5 performance of the officers appointed by the Board who are
6 subordinate to the chief executive officer general manager,
7 general attorney and chief engineer and (ii) the services
8 provided by outside attorneys, construction managers, or
9 consultants who have been retained by, or performed services
10 for, the Authority during the previous twelve month period.
11 (Source: P.A. 86-17.)
12 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
13 Sec. 23.1. (a) The Authority shall, within 90 days
14 after the effective date of this amendatory Act of 1984,
15 establish and maintain an affirmative action program designed
16 to promote equal employment opportunity and eliminate the
17 effects of past discrimination. Such program shall include a
18 plan, including timetables where appropriate, which shall
19 specify goals and methods for increasing participation by
20 women and minorities in employment by the Authority and by
21 parties which contract with the Authority. The Authority
22 shall submit a detailed plan with the General Assembly prior
23 to September March 1 of each year. Such program shall also
24 establish procedures and sanctions (including debarment),
25 which the Authority shall enforce to ensure compliance with
26 the plan established pursuant to this Section and with State
27 and federal laws and regulations relating to the employment
28 of women and minorities. A determination by the Authority as
29 to whether a party to a contract with the Authority has
30 achieved the goals or employed the methods for increasing
31 participation by women and minorities shall be determined in
32 accordance with the terms of such contracts or the applicable
33 provisions of rules and regulations of the Authority existing
-4- LRB9102317MWgcam02
1 at the time such contract was executed, including any
2 provisions for consideration of good faith efforts at
3 compliance which the Authority may reasonably adopt.
4 (b) The Authority shall adopt and maintain minority and
5 female owned business enterprise procurement programs under
6 the affirmative action program described in subsection (a)
7 for any and all work undertaken by the Authority. That work
8 shall include, but is not limited to, the purchase of
9 professional services, construction services, supplies,
10 materials, and equipment. The programs shall establish goals
11 of awarding not less than 25% of the annual dollar value of
12 all contracts, purchase orders, or other agreements
13 (collectively referred to as "contracts") to minority owned
14 businesses and 5% of the annual dollar value of all contracts
15 to female owned businesses. Without limiting the generality
16 of the foregoing, the programs shall require in connection
17 with the prequalification or consideration of vendors for
18 professional service contracts, construction contracts, and
19 contracts for supplies, materials, equipment, and services
20 that each proposer or bidder submit as part of his or her
21 proposal or bid a commitment detailing how he or she will
22 expend 25% or more of the dollar value of his or her
23 contracts with one or more minority owned businesses and 5%
24 or more of the dollar value with one or more female owned
25 businesses. Bids or proposals that do not include such
26 detailed commitments are not responsive and shall be rejected
27 unless the Authority deems it appropriate to grant a waiver
28 of these requirements. In addition the Authority may, in
29 connection with the selection of providers of professional
30 services, reserve the right to select a minority or female
31 owned business or businesses to fulfill the commitment to
32 minority and female business participation. The commitment
33 to minority and female business participation may be met by
34 the contractor or professional service provider's status as a
-5- LRB9102317MWgcam02
1 minority or female owned business, by joint venture or by
2 subcontracting a portion of the work with or purchasing
3 materials for the work from one or more such businesses, or
4 by any combination thereof. Each contract shall require the
5 contractor or provider to submit a certified monthly report
6 detailing the status of that contractor or provider's
7 compliance with the Authority's minority and female owned
8 business enterprise procurement program. The Authority,
9 after reviewing the monthly reports of the contractors and
10 providers, shall compile a comprehensive report regarding
11 compliance with this procurement program and file it
12 quarterly with the General Assembly. If, in connection with
13 a particular contract, the Authority determines that it is
14 impracticable or excessively costly to obtain minority or
15 female owned businesses to perform sufficient work to fulfill
16 the commitment required by this subsection, the Authority
17 shall reduce or waive the commitment in the contract, as may
18 be appropriate. The Authority shall establish rules and
19 regulations setting forth the standards to be used in
20 determining whether or not a reduction or waiver is
21 appropriate. The terms "minority owned business" and "female
22 owned business" have the meanings given to those terms in the
23 Minority and Female Business Enterprise Act.
24 (c) The Authority shall adopt and maintain an
25 affirmative action program in connection with the hiring of
26 minorities and women on the Expansion Project and on any and
27 all construction projects undertaken by the Authority. The
28 program shall be designed to promote equal employment
29 opportunity and shall specify the goals and methods for
30 increasing the participation of minorities and women in a
31 representative mix of job classifications required to perform
32 the respective contracts awarded by the Authority.
33 (d) In connection with the Expansion Project, the
34 Authority shall incorporate the following elements into its
-6- LRB9102317MWgcam02
1 minority and female owned business procurement programs to
2 the extent feasible: (1) a major contractors program that
3 permits minority owned businesses and female owned businesses
4 to bear significant responsibility and risk for a portion of
5 the project; (2) a mentor/protege program that provides
6 financial, technical, managerial, equipment, and personnel
7 support to minority owned businesses and female owned
8 businesses; (3) an emerging firms program that includes
9 minority owned businesses and female owned businesses that
10 would not otherwise qualify for the project due to
11 inexperience or limited resources; (4) a small projects
12 program that includes participation by smaller minority owned
13 businesses and female owned businesses on jobs where the
14 total dollar value is $5,000,000 or less; and (5) a set-aside
15 program that will identify contracts requiring the
16 expenditure of funds less than $50,000 for bids to be
17 submitted solely by minority owned businesses and female
18 owned businesses.
19 (e) The Authority is authorized to enter into agreements
20 with contractors' associations, labor unions, and the
21 contractors working on the Expansion Project to establish an
22 Apprenticeship Preparedness Training Program to provide for
23 an increase in the number of minority and female journeymen
24 and apprentices in the building trades and to enter into
25 agreements with Community College District 508 to provide
26 readiness training. The Authority is further authorized to
27 enter into contracts with public and private educational
28 institutions and persons in the hospitality industry to
29 provide training for employment in the hospitality industry.
30 (f) McCormick Place Advisory Board. There is created a
31 McCormick Place Advisory Board composed as follows: 7 members
32 shall be named by the Authority who are residents of the area
33 surrounding the McCormick Place Expansion Project and are
34 either minorities, as defined in this subsection, or women; 7
-7- LRB9102317MWgcam02
1 members shall be State Senators named by the President of the
2 Senate who are residents of the City of Chicago and are
3 either members of minority groups or women; and 7 members
4 shall be State Representatives named by the Speaker of the
5 House who are residents of the City of Chicago and are either
6 members of minority groups or women. A State Senator or State
7 Representative member may appoint a designee to serve on the
8 McCormick Place Advisory Board in his or her absence.
9 A "member of a minority group" shall mean a person who is
10 a citizen or lawful permanent resident of the United States
11 and who is
12 (1) Black (a person having origins in any of the
13 black racial groups in Africa);
14 (2) Hispanic (a person of Spanish or Portuguese
15 culture with origins in Mexico, South or Central America,
16 or the Caribbean Islands, regardless of race);
17 (3) Asian American (a person having origins in any
18 of the original peoples of the Far East, Southeast Asia,
19 the Indian Subcontinent, or the Pacific Islands); or
20 (4) American Indian or Alaskan Native (a person
21 having origins in any of the original peoples of North
22 America).
23 Members of the McCormick Place Advisory Board shall serve
24 2-year terms and until their successors are appointed, except
25 members who serve as a result of their elected position whose
26 terms shall continue as long as they hold their designated
27 elected positions. Vacancies shall be filled by appointment
28 for the unexpired term in the same manner as original
29 appointments are made. The McCormick Place Advisory Board
30 shall elect its own chairperson.
31 Members of the McCormick Place Advisory Board shall serve
32 without compensation but, at the Authority's discretion,
33 shall be reimbursed for necessary expenses in connection with
34 the performance of their duties.
-8- LRB9102317MWgcam02
1 The McCormick Place Advisory Board shall meet quarterly,
2 or as needed, shall produce any reports it deems necessary,
3 and shall:
4 (1) Work with the Authority on ways to improve the
5 area physically and economically;
6 (2) Work with the Authority regarding potential
7 means for providing increased economic opportunities to
8 minorities and women produced indirectly or directly from
9 the construction and operation of the Expansion Project;
10 (3) Work with the Authority to minimize any
11 potential impact on the area surrounding the McCormick
12 Place Expansion Project, including any impact on minority
13 or female owned businesses, resulting from the
14 construction and operation of the Expansion Project;
15 (4) Work with the Authority to find candidates for
16 building trades apprenticeships, for employment in the
17 hospitality industry, and to identify job training
18 programs;
19 (5) Work with the Authority to implement the
20 provisions of subsections (a) through (e) of this Section
21 in the construction of the Expansion Project, including
22 the Authority's goal of awarding not less than 25% and 5%
23 of the annual dollar value of contracts to minority and
24 female owned businesses, the outreach program for
25 minorities and women, and the mentor/protege program for
26 providing assistance to minority and female owned
27 businesses.
28 (Source: P.A. 86-17; 87-733.)
29 (70 ILCS 210/24) (from Ch. 85, par. 1244)
30 Sec. 24. All contracts for the sale of property of the
31 value of more than $25,000 $5,000 or for any concession in or
32 lease of property of the Authority for a term of more than
33 one year shall be awarded to the highest responsible bidder,
-9- LRB9102317MWgcam02
1 after advertising for bids, except as may be otherwise
2 authorized by this Act amendatory Act of 1991. All
3 construction contracts and contracts for supplies, materials,
4 equipment and services, when the cost thereof will exceed
5 $25,000 $5,000, shall be let to the lowest responsible
6 bidder, after advertising for bids, excepting (1) when repair
7 parts, accessories, equipment or services are required for
8 equipment or services previously furnished or contracted for,
9 (2) professional services contracted for in accordance with
10 Section 25.1 of this Act, (3) when services such as water,
11 light, heat, power, telephone (other than long-distance
12 service) or telegraph are required, and (4) when contracts
13 for the use, purchase, delivery, movement, or installation of
14 data processing equipment, software, or services and
15 telecommunications equipment, software, and services are
16 required, and (5) when the immediate delivery of supplies,
17 materials, equipment, or services is required and (i) the
18 chief executive officer determines that an emergency
19 situation exists; (ii) the contract accepted is based on the
20 lowest responsible bid after the Authority has made a
21 diligent effort to solicit multiple bids by telephone or
22 other efficient means; and (iii) the chief executive officer
23 submits a report at the next regular Board meeting, to be
24 ratified by the Board and entered into the official record,
25 stating the chief executive officer's reason for declaring an
26 emergency situation, the names of the other parties solicited
27 and their bids, and a copy of the contract awarded.
28 All contracts involving less than $25,000 $5,000 shall be
29 let by competitive bidding whenever possible, and in any
30 event in a manner calculated to insure the best interests of
31 the public.
32 Each bidder shall disclose in his bid the name of each
33 individual having a beneficial interest, directly or
34 indirectly, of more than 7 1/2% in such bidding entity and,
-10- LRB9102317MWgcam02
1 if such bidding entity is a corporation, the names of each of
2 its officers and directors. The bidder shall notify the
3 Board of any changes in its ownership or its officers or
4 directors at the time such changes occur if the change occurs
5 during the pendency of a proposal or a contract.
6 In determining the responsibility of any bidder, the
7 Board may take into account past record of dealings with the
8 bidder, experience, adequacy of equipment, ability to
9 complete performance within the time set, and other factors
10 besides financial responsibility, but in no case shall any
11 such contracts be awarded to any other than the highest
12 bidder (in case of sale or concession or lease) or the lowest
13 bidder (in case of purchase or expenditure) unless authorized
14 or approved by a vote of at least three-fourths of the
15 members of the Board, and unless such action is accompanied
16 by a statement in writing setting forth the reasons for not
17 awarding the contract to the highest or lowest bidder, as the
18 case may be, which statement shall be kept on file in the
19 principal office of the Authority and open to public
20 inspection.
21 From the group of responsible bidders the lowest bidder
22 shall be selected in the following manner: to all bids for
23 sales the gross receipts of which are not taxable under the
24 "Retailers' Occupation Tax Act", approved June 28, 1933, as
25 amended, there shall be added an amount equal to the tax
26 which would be payable under said Act, if applicable, and the
27 lowest in amount of said adjusted bids and bids for sales the
28 gross receipts of which are taxable under said Act shall be
29 considered the lowest bid; provided, that, if said lowest bid
30 relates to a sale not taxable under said Act, any contract
31 entered into thereon shall be in the amount of the original
32 bid not adjusted as aforesaid.
33 Contracts shall not be split into parts involving
34 expenditures of less than $25,000 $5,000 for the purposes of
-11- LRB9102317MWgcam02
1 avoiding the provisions of this Section, and all such split
2 contracts shall be void. If any collusion occurs among
3 bidders or prospective bidders in restraint of freedom of
4 competition, by agreement to bid a fixed amount or to refrain
5 from bidding, or otherwise, the bids of such bidders shall be
6 void. Each bidder shall accompany his bid with a sworn
7 statement that he has not been a party to any such agreement.
8 The Board shall have the right to reject all bids and to
9 readvertise for bids. If after any such readvertisement no
10 responsible and satisfactory bid, within the terms of the
11 advertisement, shall be received, the Board may award such
12 contract without competitive bidding, provided that it shall
13 not be less advantageous to the Authority than any valid bid
14 received pursuant to advertisement.
15 The Board shall adopt rules and regulations of general
16 application within 90 days of the effective date of this
17 amendatory Act of 1985 to carry into effect the provisions of
18 this Section.
19 (Source: P.A. 87-733.)
20 (70 ILCS 210/25.1) (from Ch. 85, par. 1245.1)
21 Sec. 25.1. (a) This Section applies to (i) contracts in
22 excess of $25,000 $5,000 for professional services provided
23 to the Authority, including the services of accountants,
24 architects, attorneys, engineers, physicians, superintendents
25 of construction, and other similar professionals possessing a
26 high degree of skill, (ii) agreements described in Section
27 5(h), and (iii) contracts described in Section 5(j).
28 (b) When the Authority proposes to enter into a contract
29 or agreement under this Section, the Authority shall give
30 public notice soliciting proposals for the contract or
31 agreement by publication at least twice in one or more daily
32 newspapers in general circulation in the metropolitan area.
33 The second notice shall be published not less than 10 days
-12- LRB9102317MWgcam02
1 before the date on which the Authority expects to select the
2 contractor. The notice shall include a general description of
3 the nature of the contract or agreement which the Authority
4 is seeking and the procedure by which a person or firm
5 interested in the contract or agreement may make its proposal
6 to the Authority for consideration for the contract or
7 agreement.
8 A request for proposals must be extended to a sufficient
9 number of prospective providers of the required services or
10 prospective bidders to assure that public interest in
11 competition is adequately served.
12 The provisions of this subsection (b) do not apply if:
13 (1) the Authority concludes that there is a single
14 source of the expertise or knowledge required or that one
15 person can clearly perform the required tasks more
16 satisfactorily because of the person's prior work;
17 however, this exemption shall be narrowly construed and
18 applies only if a written report that details the reasons
19 for the exemption is entered into the minutes of the
20 Authority and the Chairman has authorized in writing
21 contract negotiations with the single source; or
22 (2) the service is to be provided by or the
23 agreement is with a State agency, a federal agency, a
24 political subdivision of the State, or a corporation
25 organized under the General Not For Profit Corporation
26 Act of 1986; or
27 (3) within 60 days of the effective date of this
28 amendatory Act of 1985, the Authority enters into a
29 written contract for professional services of the same
30 kind with any person providing such professional services
31 as of such effective date.
32 A request for proposals must contain a description of the
33 work to be performed under the contract and the terms under
34 which the work is to be performed or a description of the
-13- LRB9102317MWgcam02
1 terms of the agreement with respect to the use or occupancy
2 of the grounds, buildings, or facilities. A request for
3 proposals must contain that information necessary for a
4 prospective contractor or bidder to submit a response or
5 contain references to any information that cannot reasonably
6 be included with the request. The request for proposals must
7 provide a description of the factors that will be considered
8 by the Authority when it evaluates the proposals received.
9 Nothing in this subsection limits the power of the
10 Authority to use additional means that it may consider
11 appropriate to notify prospective contractors or bidders that
12 it proposes to enter into a contract or agreement.
13 (c) After the responses are submitted, the Authority
14 shall evaluate them. Each proposal received must be evaluated
15 using the same factors as those set out in the request for
16 proposals.
17 Any person that submits a response to a request for
18 proposals under this Section shall disclose in the response
19 the name of each individual having a beneficial interest
20 directly or indirectly of more than 7 1/2% in such person
21 and, if such person is a corporation, the names of each of
22 its officers and directors. The person shall notify the
23 Board of any changes in its ownership or its officers or
24 directors at the time such changes occur if the change occurs
25 during the pendency of a proposal or a contract.
26 (d) All contracts and agreements under this Section,
27 whether or not exempted hereunder, shall be authorized and
28 approved by the Board and shall be set forth in a writing
29 executed by the contractor and the Authority. No payment
30 shall be made under this Section until a written contract or
31 agreement shall be so authorized, approved and executed,
32 provided that payments for professional services may be made
33 without a written contract to persons providing such services
34 to the Authority as of the effective date of this amendatory
-14- LRB9102317MWgcam02
1 Act of 1985 for sixty days from such date.
2 (e) A copy of each contract or agreement (whether or not
3 exempted hereunder) and the response, if any, to the request
4 for proposals upon which the contract was awarded must be
5 filed with the Secretary of the Authority and is required to
6 be open for public inspection. The request for proposals and
7 the name and address of each person who submitted a response
8 to it must also accompany the filed copies.
9 (Source: P.A. 88-193.)".