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91_HB0806eng
HB0806 Engrossed LRB9102317MWgc
1 AN ACT to amend the Metropolitan Pier and Exposition
2 Authority Act by changing Sections 22, 23.1, 24, and 25.1.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Metropolitan Pier and Exposition
6 Authority Act is amended by changing Sections 22, 23.1, 24,
7 and 25.1 as follows:
8 (70 ILCS 210/22) (from Ch. 85, par. 1242)
9 Sec. 22. (a) The Governor shall appoint, subject to the
10 approval of the Mayor (which approval shall be deemed granted
11 unless a written disapproval is made within 15 days after
12 notice of the appointment), a chief executive officer of the
13 Authority, subject to the general control of the Board, who
14 shall be responsible for the management of the properties,
15 business and employees of the authority, shall direct the
16 enforcement of all ordinances, resolutions, rules and
17 regulations of the Board, and shall perform such other duties
18 as may be prescribed from time to time by the Board. The
19 chief executive officer, in his discretion, may make
20 recommendations to the Board with respect to appointments
21 pursuant to this Section 22, contracts and policies and
22 procedures. Any officers, attorneys, engineers, consultants,
23 agents and employees appointed in accordance with this
24 Section 22 shall report to the chief executive officer.
25 (b) The Board may appoint other officers who are subject
26 to the general control of the Board and who are subordinate
27 to the chief executive officer. Such officers may include,
28 but are not limited to, a general manager of the McCormick
29 Place facility, a general manager of the Navy Pier facility,
30 if established, a general attorney and a chief engineer. The
31 Board shall provide for the appointment of such other
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1 officers, attorneys, engineers, consultants, agents and
2 employees as may be necessary. It shall define their duties
3 and require bonds of such of them as the Board may designate.
4 (c) The chief executive officer and other officers
5 appointed by the Board, general managers, general attorney,
6 chief engineer, and all other officers provided for pursuant
7 to this Section shall be exempt from taking and subscribing
8 any oath of office and shall not be members of the Board.
9 The compensation of the chief executive officer, general
10 managers, general attorney, chief engineer, and all other
11 officers, attorneys, consultants, agents and employees shall
12 be fixed by the Board.
13 (d) The Board shall, within 180 days after the effective
14 date of this amendatory Act of 1985, adopt a personnel code
15 governing the Authority's employment, evaluation, promotion
16 and discharge of employees. Such code may be modeled after
17 the standards and procedures found in the Personnel Code,
18 including provisions for (i) competitive examinations, (ii)
19 eligibility lists for appointment and promotion, (iii)
20 probationary periods and performance records, (iv) layoffs,
21 discipline and discharges, and (v) such other matters, not
22 inconsistent with law, as may be necessary for the proper and
23 efficient operation of the Authority and its facilities.
24 The Authority shall conduct an annual review of (i) the
25 performance of the officers appointed by the Board who are
26 subordinate to the chief executive officer general manager,
27 general attorney and chief engineer and (ii) the services
28 provided by outside attorneys, construction managers, or
29 consultants who have been retained by, or performed services
30 for, the Authority during the previous twelve month period.
31 (Source: P.A. 86-17.)
32 (70 ILCS 210/23.1) (from Ch. 85, par. 1243.1)
33 Sec. 23.1. (a) The Authority shall, within 90 days
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1 after the effective date of this amendatory Act of 1984,
2 establish and maintain an affirmative action program designed
3 to promote equal employment opportunity and eliminate the
4 effects of past discrimination. Such program shall include a
5 plan, including timetables where appropriate, which shall
6 specify goals and methods for increasing participation by
7 women and minorities in employment by the Authority and by
8 parties which contract with the Authority. The Authority
9 shall submit a detailed plan with the General Assembly prior
10 to September March 1 of each year. Such program shall also
11 establish procedures and sanctions (including debarment),
12 which the Authority shall enforce to ensure compliance with
13 the plan established pursuant to this Section and with State
14 and federal laws and regulations relating to the employment
15 of women and minorities. A determination by the Authority as
16 to whether a party to a contract with the Authority has
17 achieved the goals or employed the methods for increasing
18 participation by women and minorities shall be determined in
19 accordance with the terms of such contracts or the applicable
20 provisions of rules and regulations of the Authority existing
21 at the time such contract was executed, including any
22 provisions for consideration of good faith efforts at
23 compliance which the Authority may reasonably adopt.
24 (b) The Authority shall adopt and maintain minority and
25 female owned business enterprise procurement programs under
26 the affirmative action program described in subsection (a)
27 for any and all work undertaken by the Authority. That work
28 shall include, but is not limited to, the purchase of
29 professional services, construction services, supplies,
30 materials, and equipment. The programs shall establish goals
31 of awarding not less than 25% of the annual dollar value of
32 all contracts, purchase orders, or other agreements
33 (collectively referred to as "contracts") to minority owned
34 businesses and 5% of the annual dollar value of all contracts
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1 to female owned businesses. Without limiting the generality
2 of the foregoing, the programs shall require in connection
3 with the prequalification or consideration of vendors for
4 professional service contracts, construction contracts, and
5 contracts for supplies, materials, equipment, and services
6 that each proposer or bidder submit as part of his or her
7 proposal or bid a commitment detailing how he or she will
8 expend 25% or more of the dollar value of his or her
9 contracts with one or more minority owned businesses and 5%
10 or more of the dollar value with one or more female owned
11 businesses. Bids or proposals that do not include such
12 detailed commitments are not responsive and shall be rejected
13 unless the Authority deems it appropriate to grant a waiver
14 of these requirements. In addition the Authority may, in
15 connection with the selection of providers of professional
16 services, reserve the right to select a minority or female
17 owned business or businesses to fulfill the commitment to
18 minority and female business participation. The commitment
19 to minority and female business participation may be met by
20 the contractor or professional service provider's status as a
21 minority or female owned business, by joint venture or by
22 subcontracting a portion of the work with or purchasing
23 materials for the work from one or more such businesses, or
24 by any combination thereof. Each contract shall require the
25 contractor or provider to submit a certified monthly report
26 detailing the status of that contractor or provider's
27 compliance with the Authority's minority and female owned
28 business enterprise procurement program. The Authority,
29 after reviewing the monthly reports of the contractors and
30 providers, shall compile a comprehensive report regarding
31 compliance with this procurement program and file it
32 quarterly with the General Assembly. If, in connection with
33 a particular contract, the Authority determines that it is
34 impracticable or excessively costly to obtain minority or
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1 female owned businesses to perform sufficient work to fulfill
2 the commitment required by this subsection, the Authority
3 shall reduce or waive the commitment in the contract, as may
4 be appropriate. The Authority shall establish rules and
5 regulations setting forth the standards to be used in
6 determining whether or not a reduction or waiver is
7 appropriate. The terms "minority owned business" and "female
8 owned business" have the meanings given to those terms in the
9 Minority and Female Business Enterprise Act.
10 (c) The Authority shall adopt and maintain an
11 affirmative action program in connection with the hiring of
12 minorities and women on the Expansion Project and on any and
13 all construction projects undertaken by the Authority. The
14 program shall be designed to promote equal employment
15 opportunity and shall specify the goals and methods for
16 increasing the participation of minorities and women in a
17 representative mix of job classifications required to perform
18 the respective contracts awarded by the Authority.
19 (d) In connection with the Expansion Project, the
20 Authority shall incorporate the following elements into its
21 minority and female owned business procurement programs to
22 the extent feasible: (1) a major contractors program that
23 permits minority owned businesses and female owned businesses
24 to bear significant responsibility and risk for a portion of
25 the project; (2) a mentor/protege program that provides
26 financial, technical, managerial, equipment, and personnel
27 support to minority owned businesses and female owned
28 businesses; (3) an emerging firms program that includes
29 minority owned businesses and female owned businesses that
30 would not otherwise qualify for the project due to
31 inexperience or limited resources; (4) a small projects
32 program that includes participation by smaller minority owned
33 businesses and female owned businesses on jobs where the
34 total dollar value is $5,000,000 or less; and (5) a set-aside
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1 program that will identify contracts requiring the
2 expenditure of funds less than $50,000 for bids to be
3 submitted solely by minority owned businesses and female
4 owned businesses.
5 (e) The Authority is authorized to enter into agreements
6 with contractors' associations, labor unions, and the
7 contractors working on the Expansion Project to establish an
8 Apprenticeship Preparedness Training Program to provide for
9 an increase in the number of minority and female journeymen
10 and apprentices in the building trades and to enter into
11 agreements with Community College District 508 to provide
12 readiness training. The Authority is further authorized to
13 enter into contracts with public and private educational
14 institutions and persons in the hospitality industry to
15 provide training for employment in the hospitality industry.
16 (f) McCormick Place Advisory Board. There is created a
17 McCormick Place Advisory Board composed as follows: 7 members
18 shall be named by the Authority who are residents of the area
19 surrounding the McCormick Place Expansion Project and are
20 either minorities, as defined in this subsection, or women; 7
21 members shall be State Senators named by the President of the
22 Senate who are residents of the City of Chicago and are
23 either members of minority groups or women; and 7 members
24 shall be State Representatives named by the Speaker of the
25 House who are residents of the City of Chicago and are either
26 members of minority groups or women. A State Senator or State
27 Representative member may appoint a designee to serve on the
28 McCormick Place Advisory Board in his or her absence.
29 A "member of a minority group" shall mean a person who is
30 a citizen or lawful permanent resident of the United States
31 and who is
32 (1) Black (a person having origins in any of the
33 black racial groups in Africa);
34 (2) Hispanic (a person of Spanish or Portuguese
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1 culture with origins in Mexico, South or Central America,
2 or the Caribbean Islands, regardless of race);
3 (3) Asian American (a person having origins in any
4 of the original peoples of the Far East, Southeast Asia,
5 the Indian Subcontinent, or the Pacific Islands); or
6 (4) American Indian or Alaskan Native (a person
7 having origins in any of the original peoples of North
8 America).
9 Members of the McCormick Place Advisory Board shall serve
10 2-year terms and until their successors are appointed, except
11 members who serve as a result of their elected position whose
12 terms shall continue as long as they hold their designated
13 elected positions. Vacancies shall be filled by appointment
14 for the unexpired term in the same manner as original
15 appointments are made. The McCormick Place Advisory Board
16 shall elect its own chairperson.
17 Members of the McCormick Place Advisory Board shall serve
18 without compensation but, at the Authority's discretion,
19 shall be reimbursed for necessary expenses in connection with
20 the performance of their duties.
21 The McCormick Place Advisory Board shall meet quarterly,
22 or as needed, shall produce any reports it deems necessary,
23 and shall:
24 (1) Work with the Authority on ways to improve the
25 area physically and economically;
26 (2) Work with the Authority regarding potential
27 means for providing increased economic opportunities to
28 minorities and women produced indirectly or directly from
29 the construction and operation of the Expansion Project;
30 (3) Work with the Authority to minimize any
31 potential impact on the area surrounding the McCormick
32 Place Expansion Project, including any impact on minority
33 or female owned businesses, resulting from the
34 construction and operation of the Expansion Project;
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1 (4) Work with the Authority to find candidates for
2 building trades apprenticeships, for employment in the
3 hospitality industry, and to identify job training
4 programs;
5 (5) Work with the Authority to implement the
6 provisions of subsections (a) through (e) of this Section
7 in the construction of the Expansion Project, including
8 the Authority's goal of awarding not less than 25% and 5%
9 of the annual dollar value of contracts to minority and
10 female owned businesses, the outreach program for
11 minorities and women, and the mentor/protege program for
12 providing assistance to minority and female owned
13 businesses.
14 (Source: P.A. 86-17; 87-733.)
15 (70 ILCS 210/24) (from Ch. 85, par. 1244)
16 Sec. 24. All contracts for the sale of property of the
17 value of more than $25,000 $5,000 or for any concession in or
18 lease of property of the Authority for a term of more than
19 one year shall be awarded to the highest responsible bidder,
20 after advertising for bids, except as may be otherwise
21 authorized by this Act amendatory Act of 1991. All
22 construction contracts and contracts for supplies, materials,
23 equipment and services, when the cost thereof will exceed
24 $25,000 $5,000, shall be let to the lowest responsible
25 bidder, after advertising for bids, excepting (1) when repair
26 parts, accessories, equipment or services are required for
27 equipment or services previously furnished or contracted for,
28 (2) professional services contracted for in accordance with
29 Section 25.1 of this Act, (3) when services such as water,
30 light, heat, power, telephone (other than long-distance
31 service) or telegraph are required, and (4) when contracts
32 for the use, purchase, delivery, movement, or installation of
33 data processing equipment, software, or services and
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1 telecommunications equipment, software, and services are
2 required, and (5) when the immediate delivery of supplies,
3 materials, equipment, or services is required and (i) the
4 chief executive officer determines that an emergency
5 situation exists; (ii) the contract accepted is based on the
6 lowest responsible bid after the Authority has made a
7 diligent effort to solicit multiple bids by telephone or
8 other efficient means; and (iii) the chief executive officer
9 submits a report at the next regular Board meeting, to be
10 ratified by the Board and entered into the official record,
11 stating the chief executive officer's reason for declaring an
12 emergency situation, the names of the other parties solicited
13 and their bids, and a copy of the contract awarded.
14 All contracts involving less than $25,000 $5,000 shall be
15 let by competitive bidding whenever possible, and in any
16 event in a manner calculated to insure the best interests of
17 the public.
18 Each bidder shall disclose in his bid the name of each
19 individual having a beneficial interest, directly or
20 indirectly, of more than 7 1/2% in such bidding entity and,
21 if such bidding entity is a corporation, the names of each of
22 its officers and directors. The bidder 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 In determining the responsibility of any bidder, the
27 Board may take into account past record of dealings with the
28 bidder, experience, adequacy of equipment, ability to
29 complete performance within the time set, and other factors
30 besides financial responsibility, but in no case shall any
31 such contracts be awarded to any other than the highest
32 bidder (in case of sale or concession or lease) or the lowest
33 bidder (in case of purchase or expenditure) unless authorized
34 or approved by a vote of at least three-fourths of the
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1 members of the Board, and unless such action is accompanied
2 by a statement in writing setting forth the reasons for not
3 awarding the contract to the highest or lowest bidder, as the
4 case may be, which statement shall be kept on file in the
5 principal office of the Authority and open to public
6 inspection.
7 From the group of responsible bidders the lowest bidder
8 shall be selected in the following manner: to all bids for
9 sales the gross receipts of which are not taxable under the
10 "Retailers' Occupation Tax Act", approved June 28, 1933, as
11 amended, there shall be added an amount equal to the tax
12 which would be payable under said Act, if applicable, and the
13 lowest in amount of said adjusted bids and bids for sales the
14 gross receipts of which are taxable under said Act shall be
15 considered the lowest bid; provided, that, if said lowest bid
16 relates to a sale not taxable under said Act, any contract
17 entered into thereon shall be in the amount of the original
18 bid not adjusted as aforesaid.
19 Contracts shall not be split into parts involving
20 expenditures of less than $25,000 $5,000 for the purposes of
21 avoiding the provisions of this Section, and all such split
22 contracts shall be void. If any collusion occurs among
23 bidders or prospective bidders in restraint of freedom of
24 competition, by agreement to bid a fixed amount or to refrain
25 from bidding, or otherwise, the bids of such bidders shall be
26 void. Each bidder shall accompany his bid with a sworn
27 statement that he has not been a party to any such agreement.
28 The Board shall have the right to reject all bids and to
29 readvertise for bids. If after any such readvertisement no
30 responsible and satisfactory bid, within the terms of the
31 advertisement, shall be received, the Board may award such
32 contract without competitive bidding, provided that it shall
33 not be less advantageous to the Authority than any valid bid
34 received pursuant to advertisement.
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1 The Board shall adopt rules and regulations of general
2 application within 90 days of the effective date of this
3 amendatory Act of 1985 to carry into effect the provisions of
4 this Section.
5 (Source: P.A. 87-733.)
6 (70 ILCS 210/25.1) (from Ch. 85, par. 1245.1)
7 Sec. 25.1. (a) This Section applies to (i) contracts in
8 excess of $25,000 $5,000 for professional services provided
9 to the Authority, including the services of accountants,
10 architects, attorneys, engineers, physicians, superintendents
11 of construction, and other similar professionals possessing a
12 high degree of skill, (ii) agreements described in Section
13 5(h), and (iii) contracts described in Section 5(j).
14 (b) When the Authority proposes to enter into a contract
15 or agreement under this Section, the Authority shall give
16 public notice soliciting proposals for the contract or
17 agreement by publication at least twice in one or more daily
18 newspapers in general circulation in the metropolitan area.
19 The second notice shall be published not less than 10 days
20 before the date on which the Authority expects to select the
21 contractor. The notice shall include a general description of
22 the nature of the contract or agreement which the Authority
23 is seeking and the procedure by which a person or firm
24 interested in the contract or agreement may make its proposal
25 to the Authority for consideration for the contract or
26 agreement.
27 A request for proposals must be extended to a sufficient
28 number of prospective providers of the required services or
29 prospective bidders to assure that public interest in
30 competition is adequately served.
31 The provisions of this subsection (b) do not apply if:
32 (1) the Authority concludes that there is a single
33 source of the expertise or knowledge required or that one
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1 person can clearly perform the required tasks more
2 satisfactorily because of the person's prior work;
3 however, this exemption shall be narrowly construed and
4 applies only if a written report that details the reasons
5 for the exemption is entered into the minutes of the
6 Authority and the Chairman has authorized in writing
7 contract negotiations with the single source; or
8 (2) the service is to be provided by or the
9 agreement is with a State agency, a federal agency, a
10 political subdivision of the State, or a corporation
11 organized under the General Not For Profit Corporation
12 Act of 1986; or
13 (3) within 60 days of the effective date of this
14 amendatory Act of 1985, the Authority enters into a
15 written contract for professional services of the same
16 kind with any person providing such professional services
17 as of such effective date.
18 A request for proposals must contain a description of the
19 work to be performed under the contract and the terms under
20 which the work is to be performed or a description of the
21 terms of the agreement with respect to the use or occupancy
22 of the grounds, buildings, or facilities. A request for
23 proposals must contain that information necessary for a
24 prospective contractor or bidder to submit a response or
25 contain references to any information that cannot reasonably
26 be included with the request. The request for proposals must
27 provide a description of the factors that will be considered
28 by the Authority when it evaluates the proposals received.
29 Nothing in this subsection limits the power of the
30 Authority to use additional means that it may consider
31 appropriate to notify prospective contractors or bidders that
32 it proposes to enter into a contract or agreement.
33 (c) After the responses are submitted, the Authority
34 shall evaluate them. Each proposal received must be evaluated
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1 using the same factors as those set out in the request for
2 proposals.
3 Any person that submits a response to a request for
4 proposals under this Section shall disclose in the response
5 the name of each individual having a beneficial interest
6 directly or indirectly of more than 7 1/2% in such person
7 and, if such person is a corporation, the names of each of
8 its officers and directors. The person shall notify the
9 Board of any changes in its ownership or its officers or
10 directors at the time such changes occur if the change occurs
11 during the pendency of a proposal or a contract.
12 (d) All contracts and agreements under this Section,
13 whether or not exempted hereunder, shall be authorized and
14 approved by the Board and shall be set forth in a writing
15 executed by the contractor and the Authority. No payment
16 shall be made under this Section until a written contract or
17 agreement shall be so authorized, approved and executed,
18 provided that payments for professional services may be made
19 without a written contract to persons providing such services
20 to the Authority as of the effective date of this amendatory
21 Act of 1985 for sixty days from such date.
22 (e) A copy of each contract or agreement (whether or not
23 exempted hereunder) and the response, if any, to the request
24 for proposals upon which the contract was awarded must be
25 filed with the Secretary of the Authority and is required to
26 be open for public inspection. The request for proposals and
27 the name and address of each person who submitted a response
28 to it must also accompany the filed copies.
29 (Source: P.A. 88-193.)
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