Full Text of HB3160 102nd General Assembly
HB3160enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Forest | 5 | | Preserve District and Conservation District Design-Build | 6 | | Authorization Act. | 7 | | Section 5. Purpose. This purpose of this Act is to | 8 | | authorize forest preserve districts and conservation districts | 9 | | to use design-build processes to increase the efficiency and | 10 | | effectiveness of delivering public projects. | 11 | | Section 10. Definitions. As used in this Act: | 12 | | "Delivery system" means the design and construction | 13 | | approach used to develop and construct a project. | 14 | | "Design-bid-build" means the traditional delivery system | 15 | | used on public projects that incorporates the Local Government | 16 | | Professional Services Selection Act, the competitive bidding | 17 | | process set forth in Section 6 of the Conservation District | 18 | | Act, the competitive bidding process set forth in subsection | 19 | | (b) of Section 8 of the Downstate Forest Preserve District | 20 | | Act, or the competitive bidding process set forth in Section | 21 | | 14 of the Cook County Forest Preserve District Act. | 22 | | "Design-build" means a delivery system that provides |
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| 1 | | responsibility within a single contract for the furnishing of | 2 | | architecture, engineering, land surveying, and related | 3 | | services as required and the labor, materials, equipment, and | 4 | | other construction services for the project. | 5 | | "Design-build contract" means a contract for a public | 6 | | project under this Act between a forest preserve district or | 7 | | conservation district and a design-build entity to furnish: | 8 | | architecture, engineering, land surveying, public art or | 9 | | interpretive exhibits, and related services, as required; and | 10 | | the labor, materials, equipment, and other construction | 11 | | services for the project. | 12 | | "Design-build entity" means any individual, sole | 13 | | proprietorship, firm, partnership, joint venture, corporation, | 14 | | professional corporation, or other entity that proposes to | 15 | | design and construct any public project under this Act. A | 16 | | design-build entity and associated design professionals shall | 17 | | conduct themselves in accordance with the relevant laws of | 18 | | this State and the related provisions of the Illinois | 19 | | Administrative Code. | 20 | | "Design professional" means any individual, sole | 21 | | proprietorship, firm, partnership, joint venture, corporation, | 22 | | professional corporation, or other entity that offers services | 23 | | under the Illinois Architecture Practice Act of 1989, the | 24 | | Professional Engineering Practice Act of 1989, the Structural | 25 | | Engineering Practice Act of 1989, or the Illinois Professional | 26 | | Land Surveyor Act of 1989. |
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| 1 | | "Evaluation criteria" means the requirements for the | 2 | | separate phases of the selection process as defined in this | 3 | | Act and may include the specialized experience, technical | 4 | | qualifications and competence, capacity to perform, past | 5 | | performance, experience with similar projects, assignment of | 6 | | personnel to the project, and other appropriate factors. | 7 | | "Proposal" means the offer to enter into a design-build | 8 | | contract as submitted by a design-build entity in accordance | 9 | | with this Act.
| 10 | | "Public art designer" means any individual, sole | 11 | | proprietorship, firm, partnership, joint venture, corporation, | 12 | | professional corporation, or other entity that has | 13 | | demonstrated experience with the design and fabrication of | 14 | | public art including any media that has been planned and | 15 | | executed with the intention of being staged in the physical | 16 | | public domain outside and accessible to all or any art which is | 17 | | exhibited in a public space including publicly accessible | 18 | | buildings, or interpretive exhibits including communication | 19 | | media that is designed to engage, excite, inform, relate, or | 20 | | reveal the intrinsic nature or indispensable quality of a | 21 | | topic or story being presented. | 22 | | "Request for proposal" means the document used by the | 23 | | forest preserve district or conservation district to solicit | 24 | | proposals for a design-build contract. | 25 | | "Scope and performance criteria" means the requirements | 26 | | for the public project, including, but not limited to, the |
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| 1 | | intended usage, capacity, size, scope, quality and performance | 2 | | standards, life-cycle costs, and other programmatic criteria | 3 | | that are expressed in performance-oriented and quantifiable | 4 | | specifications and drawings that can be reasonably inferred | 5 | | and are suited to allow a design-build entity to develop a | 6 | | proposal. | 7 | | Section 15. Solicitation of proposals. | 8 | | (a) A forest preserve district or conservation district | 9 | | may enter into design-build contracts. In addition to the | 10 | | requirements set forth in its local ordinances, when the | 11 | | forest preserve district or conservation district elects to | 12 | | use the design-build delivery method, it must issue a notice | 13 | | of intent to receive proposals for the project at least 14 days | 14 | | before issuing the request for the proposal. The forest | 15 | | preserve district or conservation district must publish the | 16 | | advance notice in the manner prescribed by ordinance, which | 17 | | shall include posting the advance notice online on its | 18 | | website. The forest preserve district or conservation district | 19 | | may publish the notice in construction industry publications | 20 | | or post the notice on construction industry websites. A brief | 21 | | description of the proposed procurement must be included in | 22 | | the notice. The forest preserve district or conservation | 23 | | district must provide a copy of the request for proposal to any | 24 | | party requesting a copy. | 25 | | (b) The request for proposal shall be prepared for each |
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| 1 | | project and must contain, without limitation, the following | 2 | | information: | 3 | | (1) The name of the forest preserve district or | 4 | | conservation district. | 5 | | (2) A preliminary schedule for the completion of the | 6 | | contract. | 7 | | (3) The proposed budget for the project, the source of | 8 | | funds, and the currently available funds at the time the | 9 | | request for proposal is submitted. | 10 | | (4) Prequalification criteria for design-build | 11 | | entities wishing to submit proposals. The forest preserve | 12 | | district or conservation district shall include, at a | 13 | | minimum, its normal prequalification, licensing, | 14 | | registration, and other requirements; however, nothing | 15 | | precludes the use of additional prequalification criteria | 16 | | by the forest preserve district or conservation district. | 17 | | (5) Material requirements of the contract, including, | 18 | | but not limited to, the proposed terms and conditions, | 19 | | required performance and payment bonds, insurance, and the | 20 | | entity's plan to comply with the utilization goals for | 21 | | business enterprises established in the Business | 22 | | Enterprise for Minorities, Women, and Persons with | 23 | | Disabilities Act and with Section 2-105 of the Illinois | 24 | | Human Rights Act. | 25 | | (6) The performance criteria. | 26 | | (7) The evaluation criteria for each phase of the |
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| 1 | | solicitation. Price may not be used as a factor in the | 2 | | evaluation of Phase I proposals. | 3 | | (8) The number of entities that will be considered for | 4 | | the technical and cost evaluation phase. | 5 | | (c) The forest preserve district or conservation district | 6 | | may include any other relevant information that it chooses to | 7 | | supply. The design-build entity shall be entitled to rely upon | 8 | | the accuracy of this documentation in the development of its | 9 | | proposal. | 10 | | (d) The date that proposals are due must be at least 21 | 11 | | calendar days after the date of the issuance of the request for | 12 | | proposal. In the event the cost of the project is estimated to | 13 | | exceed $12,000,000, then the proposal due date must be at | 14 | | least 28 calendar days after the date of the issuance of the | 15 | | request for proposal. The forest preserve district or | 16 | | conservation district shall include in the request for | 17 | | proposal a minimum of 30 days to develop the Phase II | 18 | | submissions after the selection of entities from the Phase I | 19 | | evaluation is completed. | 20 | | Section 20. Development of scope and performance criteria.
| 21 | | (a) The forest preserve district or conservation district | 22 | | shall develop, with the assistance of a licensed design | 23 | | professional or public art designer, a request for proposal, | 24 | | which shall include scope and performance criteria. The scope | 25 | | and performance criteria must be in sufficient detail and |
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| 1 | | contain adequate information to reasonably apprise the | 2 | | qualified design-build entities of the forest preserve | 3 | | district's or conservation district's overall programmatic | 4 | | needs and goals, including criteria and preliminary design | 5 | | plans, general budget parameters, schedule, and delivery | 6 | | requirements. | 7 | | (b) Each request for proposal shall also include a | 8 | | description of the level of design to be provided in the | 9 | | proposals. This description must include the scope and type of | 10 | | renderings, drawings, and specifications that, at a minimum, | 11 | | will be required by the forest preserve district or | 12 | | conservation district to be produced by the design-build | 13 | | entities. | 14 | | (c) The scope and performance criteria shall be prepared | 15 | | by a design professional or public art designer who is an | 16 | | employee of the forest preserve district or conservation | 17 | | district, or the forest preserve district or conservation | 18 | | district may contract with an independent design professional | 19 | | or public art designer selected under the Local Government | 20 | | Professional Services Selection Act to provide these services. | 21 | | (d) The design professional or public art designer that | 22 | | prepares the scope and performance criteria is prohibited from | 23 | | participating in any design-build entity proposal for the | 24 | | project. | 25 | | (e) The design-build contract may be conditioned upon | 26 | | subsequent refinements in scope and price and may allow the |
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| 1 | | forest preserve district or conservation district to make | 2 | | modifications in the project scope without invalidating the | 3 | | design-build contract. | 4 | | Section 25. Procedures for Selection.
| 5 | | (a) The forest preserve district or conservation district | 6 | | must use a two-phase procedure for the selection of the | 7 | | successful design-build entity. Phase I of the procedure will | 8 | | evaluate and shortlist the design-build entities based on | 9 | | qualifications, and Phase II will evaluate the technical and | 10 | | cost proposals. | 11 | | (b) The forest preserve district or conservation district | 12 | | shall include in the request for proposal the evaluating | 13 | | factors to be used in Phase I. These factors are in addition to | 14 | | any prequalification requirements of design-build entities | 15 | | that the forest preserve district or conservation district has | 16 | | set forth. Each request for proposal shall establish the | 17 | | relative importance assigned to each evaluation factor and | 18 | | subfactor, including any weighting of criteria to be employed | 19 | | by the forest preserve district or conservation district. The | 20 | | forest preserve district or conservation district must | 21 | | maintain a record of the evaluation scoring to be disclosed in | 22 | | event of a protest regarding the solicitation. | 23 | | The forest preserve district or conservation district | 24 | | shall include the following criteria in every Phase I | 25 | | evaluation of design-build entities: (i) experience of |
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| 1 | | personnel; (ii) successful experience with similar project | 2 | | types; (iii) financial capability; (iv) timeliness of past | 3 | | performance; (v) experience with similarly sized projects; | 4 | | (vi) successful reference checks of the firm; (vii) commitment | 5 | | to assign personnel for the duration of the project and | 6 | | qualifications of the entity's consultants; and (viii) ability | 7 | | or past performance in meeting or exhausting good faith | 8 | | efforts to meet the utilization goals for business enterprises | 9 | | established in the Business Enterprise for Minorities, Women, | 10 | | and Persons with Disabilities Act and with Section 2-105 of | 11 | | the Illinois Human Rights Act. The forest preserve district or | 12 | | conservation district may include any additional relevant | 13 | | criteria in Phase I that it deems necessary for a proper | 14 | | qualification review. | 15 | | The forest preserve district or conservation district may | 16 | | not consider any design-build entity for evaluation or award | 17 | | if the entity has any pecuniary interest in the project or has | 18 | | other relationships or circumstances, including, but not | 19 | | limited to, long-term leasehold, mutual performance, or | 20 | | development contracts with the forest preserve district or | 21 | | conservation district, that may give the design-build entity a | 22 | | financial or tangible advantage over other design-build | 23 | | entities in the preparation, evaluation, or performance of the | 24 | | design-build contract or that create the appearance of | 25 | | impropriety. No proposal shall be considered that does not | 26 | | include an entity's plan to comply with the requirements |
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| 1 | | established in the Business Enterprise for Minorities, Women, | 2 | | and Persons with Disabilities Act, for both the design and | 3 | | construction areas of performance, and with Section 2-105 of | 4 | | the Illinois Human Rights Act. | 5 | | Upon completion of the qualifications evaluation, the | 6 | | forest preserve district or conservation district shall create | 7 | | a shortlist of the most highly qualified design-build | 8 | | entities. The forest preserve district or conservation | 9 | | district, in its discretion, is not required to shortlist the | 10 | | maximum number of entities as identified for Phase II | 11 | | evaluation, provided that no less than 2 design-build entities | 12 | | nor more than 6 are selected to submit Phase II proposals. | 13 | | The forest preserve district or conservation district | 14 | | shall notify the entities selected for the shortlist in | 15 | | writing. This notification shall commence the period for the | 16 | | preparation of the Phase II technical and cost evaluations. | 17 | | The forest preserve district or conservation district must | 18 | | allow sufficient time for the shortlist entities to prepare | 19 | | their Phase II submittals considering the scope and detail | 20 | | requested by the forest preserve district or conservation | 21 | | district. | 22 | | (c) The forest preserve district or conservation district | 23 | | shall include in the request for proposal the evaluating | 24 | | factors to be used in the technical and cost submission | 25 | | components of Phase II. Each request for proposal shall | 26 | | establish, for both the technical and cost submission |
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| 1 | | components of Phase II, the relative importance assigned to | 2 | | each evaluation factor and subfactor, including any weighting | 3 | | of criteria to be employed by the forest preserve district or | 4 | | conservation district. The forest preserve district or | 5 | | conservation district must maintain a record of the evaluation | 6 | | scoring to be disclosed in event of a protest regarding the | 7 | | solicitation. | 8 | | The forest preserve district or conservation district | 9 | | shall include the following criteria in every Phase II | 10 | | technical evaluation of design-build entities: (i) compliance | 11 | | with objectives of the project; (ii) compliance of proposed | 12 | | services to the request for proposal requirements; (iii) | 13 | | quality of products or materials proposed; (iv) quality of | 14 | | design parameters; (v) design concepts; (vi) innovation in | 15 | | meeting the scope and performance criteria; and (vii) | 16 | | constructability of the proposed project. The forest preserve | 17 | | district or conservation district may include any additional | 18 | | relevant technical evaluation factors it deems necessary for | 19 | | proper selection. | 20 | | The forest preserve district or conservation district | 21 | | shall include the following criteria in every Phase II cost | 22 | | evaluation: the total project cost, the construction costs, | 23 | | and the time of completion. The forest preserve or | 24 | | conservation district may include any additional relevant | 25 | | technical evaluation factors it deems necessary for proper | 26 | | selection. The total project cost criteria weighing factor |
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| 1 | | shall not exceed 30%. | 2 | | The forest preserve or conservation district shall | 3 | | directly employ or retain a licensed design professional or a | 4 | | public art designer to evaluate the technical and cost | 5 | | submissions to determine if the technical submissions are in | 6 | | accordance with generally accepted industry standards. | 7 | | Upon completion of the technical submissions and cost | 8 | | submissions evaluation, the forest preserve or conservation | 9 | | district may award the design-build contract to the highest | 10 | | overall ranked entity.
| 11 | | Section 30. Small projects. In any case where the total | 12 | | overall cost of the project is estimated to be less than | 13 | | $12,000,000, the forest preserve or conservation district may | 14 | | combine the two-phase procedure for selection described in | 15 | | Section 25 into one combined step, provided that all the | 16 | | requirements of evaluation are performed in accordance with | 17 | | Section 25. | 18 | | Section 35. Submission of proposals. Proposals must be | 19 | | properly identified and sealed. Proposals may not be reviewed | 20 | | until after the deadline for submission has passed as set | 21 | | forth in the request for proposals. All design-build entities | 22 | | submitting proposals shall be disclosed after the deadline for | 23 | | submission, and all design-build entities who are selected for | 24 | | Phase II evaluation shall also be disclosed at the time of that |
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| 1 | | determination. | 2 | | Proposals shall include a bid bond in the form and | 3 | | security as designated in the request for proposals. Proposals | 4 | | shall also contain a separate sealed envelope with the cost | 5 | | information within the overall proposal submission. Proposals | 6 | | shall include a list of all design professionals, public art | 7 | | designers, and other entities to which any work may be | 8 | | subcontracted during the performance of the contract. | 9 | | Proposals must meet all material requirements of the | 10 | | request for proposal or they may be rejected as | 11 | | non-responsive. The forest preserve or conservation district | 12 | | shall have the right to reject any and all proposals. | 13 | | The drawings and specifications of the proposal may remain | 14 | | the property of the design-build entity. | 15 | | The forest preserve or conservation district shall review | 16 | | the proposals for compliance with the performance criteria and | 17 | | evaluation factors. | 18 | | Proposals may be withdrawn prior to evaluation for any | 19 | | cause. After evaluation begins by the forest preserve or | 20 | | conservation district, clear and convincing evidence of error | 21 | | is required for withdrawal. | 22 | | Section 40. Award. The forest preserve or conservation | 23 | | district may award the contract to the highest overall ranked | 24 | | entity. Notice of award shall be made in writing. Unsuccessful | 25 | | entities shall also be notified in writing. The forest |
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| 1 | | preserve or conservation district may not request a best and | 2 | | final offer after the receipt of proposals. The forest | 3 | | preserve or conservation district may negotiate with the | 4 | | selected design-build entity after award but prior to contract | 5 | | execution for the purpose of securing better terms than | 6 | | originally proposed, provided that the salient features of the | 7 | | request for proposal are not diminished. | 8 | | Section 45. Reports and evaluation. At the end of every 6 | 9 | | month period following the contract award, and again prior to | 10 | | final contract payout and closure, a selected design-build | 11 | | entity shall detail, in a written report submitted to the | 12 | | forest preserve or conservation district, its efforts and | 13 | | success in implementing the entity's plan to comply with the | 14 | | utilization goals for business enterprises established in the | 15 | | Business Enterprise for Minorities, Women, and Persons with | 16 | | Disabilities Act and the provisions of Section 2-105 of the | 17 | | Illinois Human Rights Act. | 18 | | Section 905. The Conservation District Act is amended by | 19 | | changing Section 6 as follows:
| 20 | | (70 ILCS 410/6) (from Ch. 96 1/2, par. 7106)
| 21 | | Sec. 6. Officers and employees. As soon as possible after | 22 | | the initial
election or the initial appointments, as the case | 23 | | may be, the trustees shall organize
by selecting from their |
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| 1 | | members a president, secretary, treasurer, and
other officers | 2 | | as are deemed necessary, who shall hold office for 2 years in
| 3 | | the case of an elected board, or the
fiscal year in which | 4 | | elected in the case of an appointed board, and until their | 5 | | successors are selected and
qualify. Three trustees shall | 6 | | constitute a quorum of the board for the
transaction of | 7 | | business if the district has 5 trustees. If the
district has 7 | 8 | | trustees, 4 trustees shall constitute a quorum of the board
| 9 | | for the transaction of business. The board shall hold regular | 10 | | monthly
meetings. Special meetings may be called by the | 11 | | president and shall be called
on the request of a majority of | 12 | | members, as may be required.
| 13 | | The board shall provide for the proper and safe keeping of | 14 | | its permanent
records and for the recording of the corporate | 15 | | action of the district. It
shall keep a proper system of | 16 | | accounts showing a true and accurate record
of its receipts | 17 | | and disbursements, and it shall cause an annual audit to be
| 18 | | made of its books, records, and accounts.
| 19 | | The records of the district shall be subject to public | 20 | | inspection at all
reasonable hours and under regulations as | 21 | | the board may prescribe.
| 22 | | The district shall annually make a full and complete | 23 | | report to the
county board of each county within the district | 24 | | and to the Department of Natural Resources of its transactions | 25 | | and
operations for the preceding year. The report shall | 26 | | contain a full statement
of its receipts, disbursements, and |
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| 1 | | the program of work for the period covered,
and may include | 2 | | recommendations as may be deemed advisable.
| 3 | | Executive or ministerial duties may be delegated to one or | 4 | | more trustees
or to an authorized officer, employee, agent, | 5 | | attorney, or other
representative of the district.
| 6 | | All officers and employees authorized to receive or retain | 7 | | the custody
of money or to sign vouchers, checks, warrants, or | 8 | | evidences of indebtedness
binding upon the district shall | 9 | | furnish surety bond for the faithful
performance of their | 10 | | duties and the faithful accounting for all moneys that
may | 11 | | come into their hands in an amount to be fixed and in a form to | 12 | | be
approved by the board.
| 13 | | All contracts for supplies, material, or work involving an | 14 | | expenditure in
excess of $30,000 $25,000 , or a lower amount if | 15 | | required by board policy, shall be let to the lowest | 16 | | responsible bidder, after due
advertisement, excepting work | 17 | | requiring personal confidence or necessary
supplies under the | 18 | | control of monopolies, where competitive bidding is
| 19 | | impossible , or as otherwise provided in the Forest Preserve | 20 | | District and Conservation District Design-Build Authorization | 21 | | Act . All contracts for supplies, material, or work shall be | 22 | | signed by
the president of the board and by any other officer | 23 | | as the board in
its discretion may designate.
| 24 | | (Source: P.A. 99-771, eff. 8-12-16.)
| 25 | | Section 910. The Downstate Forest Preserve District Act is |
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| 1 | | amended by changing Section 8 as follows:
| 2 | | (70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)
| 3 | | Sec. 8. Powers and duties of corporate authority and | 4 | | officers; contracts; salaries.
| 5 | | (a) The board shall be the corporate authority of such | 6 | | forest
preserve district and shall have power to pass and | 7 | | enforce all necessary
ordinances, rules and regulations for | 8 | | the management of the property and
conduct of the business of | 9 | | such district. The president of such board
shall have power to | 10 | | appoint such employees as may be necessary. In counties
with | 11 | | population of less than 3,000,000, within 60 days after their | 12 | | selection
the commissioners appointed under the provisions of | 13 | | Section 3a of this Act
shall organize by selecting from their | 14 | | members a president, vice president, secretary,
treasurer and | 15 | | such other officers as are deemed necessary who shall hold
| 16 | | office for the fiscal year in which elected and until their | 17 | | successors are
selected and qualify. In the one district in | 18 | | existence on July 1, 1977, that
is managed by an appointed | 19 | | board of commissioners, the incumbent president
and the other | 20 | | officers appointed in the manner as originally prescribed in | 21 | | this
Act shall hold such offices until the completion of their | 22 | | respective terms or
in the case of the officers other than | 23 | | president until their successors
are appointed by said | 24 | | president, but in all cases not to extend beyond January
1, | 25 | | 1980 and until their successors are selected and qualify. |
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| 1 | | Thereafter,
the officers shall be selected in the manner as | 2 | | prescribed in this Section
except that their first term of | 3 | | office shall not expire until June 30, 1981
and until their | 4 | | successors are selected and qualify.
| 5 | | (a-5) An officer selected pursuant to subsection (a) may | 6 | | be removed, with or without cause, upon a motion adopted by an | 7 | | affirmative vote of four-fifths of the board of the forest | 8 | | preserve district. Upon adoption of a motion to remove an | 9 | | officer: (i) the office becomes vacant and the former | 10 | | officer's compensation shall be prorated to the date the | 11 | | motion was approved; (ii) if the officer removed is the | 12 | | president then the vice president immediately assumes the | 13 | | duties of the president without president compensation and, if | 14 | | the officer removed is the vice president, treasurer, or | 15 | | secretary, then the president shall select an interim | 16 | | appointee who shall serve until the next regularly scheduled | 17 | | forest preserve district board meeting; and (iii) a new | 18 | | officer shall be selected at the next regularly scheduled | 19 | | forest preserve district board meeting. An officer removed | 20 | | under this Section maintains his or her status as a member of | 21 | | the forest preserve district board. | 22 | | (b) In any county, city, village, incorporated town or
| 23 | | sanitary district where the corporate authorities act as the
| 24 | | governing body of a forest preserve district, the person | 25 | | exercising
the powers of the president of the board shall have | 26 | | power to appoint a
secretary and an assistant secretary and |
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| 1 | | treasurer and an assistant
treasurer and such other officers | 2 | | and such employees as may be necessary.
The assistant | 3 | | secretary and assistant treasurer shall perform the duties
of | 4 | | the secretary and treasurer, respectively in case of death of | 5 | | such officers
or when such officers are unable to perform the | 6 | | duties of their respective
offices. All contracts for | 7 | | supplies, material or
work involving an expenditure in excess | 8 | | of $30,000 $25,000 , or a lower amount if required by board | 9 | | policy, shall be let to the lowest
responsible bidder, after | 10 | | advertising at least once in one or more
newspapers of general | 11 | | circulation within the district, excepting work
requiring | 12 | | personal confidence or necessary
supplies under the control of | 13 | | monopolies, where competitive bidding is
impossible , or as | 14 | | otherwise provided in the Forest Preserve District and | 15 | | Conservation District Design-Build Authorization Act . | 16 | | Contracts for supplies, material or work involving an
| 17 | | expenditure of $30,000 $25,000 , or a lower amount if required | 18 | | by board policy, or less may be let without advertising for | 19 | | bids,
but whenever practicable, at least 3 competitive bids | 20 | | shall be obtained
before letting such contract. All contracts | 21 | | for supplies, material or
work shall be signed by the | 22 | | president of the board of commissioners or
by any such other | 23 | | officer as the board in its discretion may designate.
| 24 | | (c) The president of any board of commissioners appointed | 25 | | under the
provisions of Section 3a of this Act shall receive a | 26 | | salary not to
exceed the sum of $2500 per annum and the salary |
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| 1 | | of other members of the
board so appointed shall not exceed | 2 | | $1500 per annum. Salaries of the
commissioners, officers and | 3 | | employees shall be fixed by ordinance.
| 4 | | (d) Whenever a forest preserve district owns any personal | 5 | | property that, in the opinion of three-fifths of the members | 6 | | of the board of commissioners, is no longer necessary, useful | 7 | | to, or for the best interests of the forest preserve district, | 8 | | then three-fifths of the members of the board, at any regular | 9 | | meeting or any special meeting called for that purpose by an | 10 | | ordinance or resolution that includes a general description of | 11 | | the personal property, may authorize the conveyance or sale of | 12 | | that personal property in any manner that they may designate, | 13 | | with or without advertising the sale. | 14 | | (Source: P.A. 101-544, eff. 8-23-19.)
| 15 | | Section 915. The Cook County Forest Preserve District Act | 16 | | is amended by changing Section 14 as follows:
| 17 | | (70 ILCS 810/14) (from Ch. 96 1/2, par. 6417)
| 18 | | Sec. 14. The board, as corporate authority of a forest
| 19 | | preserve district, shall have power to pass and enforce all | 20 | | necessary
ordinances, rules and regulations for the management | 21 | | of the property and
conduct of the business of such district. | 22 | | The president of such board
shall have power to appoint a | 23 | | secretary and an assistant secretary, and
treasurer and an | 24 | | assistant treasurer and such other officers and such
employees |
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| 1 | | as may be necessary, all of whom, excepting the treasurer and
| 2 | | attorneys, shall be under civil service rules and regulations, | 3 | | as
provided in Section 17 of this Act. The assistant secretary | 4 | | and assistant
treasurer shall perform the duties of the | 5 | | secretary and treasurer,
respectively, in case of death of | 6 | | said officers or when said officers
are unable to perform the | 7 | | duties of their respective offices because of
absence or | 8 | | inability to act. All contracts for supplies, material or
work | 9 | | involving an expenditure by forest preserve
districts in | 10 | | excess of $30,000 $25,000 shall be let to the lowest
| 11 | | responsible bidder,
after due advertisement, excepting work | 12 | | requiring personal confidence or necessary
supplies under the | 13 | | control of monopolies, where competitive bidding is
| 14 | | impossible , or as otherwise provided in the Forest Preserve | 15 | | District and Conservation District Design-Build Authorization | 16 | | Act . Contracts for supplies, material or work involving an
| 17 | | expenditure of $30,000 $25,000 or less may be let without | 18 | | advertising for bids,
but whenever practicable, at least 3 | 19 | | competitive bids shall be obtained
before letting such | 20 | | contract. Notwithstanding the provisions of this Section, a | 21 | | forest preserve district may establish procedures to comply | 22 | | with State and federal regulations concerning affirmative | 23 | | action and the use of small businesses or businesses owned by | 24 | | minorities or women in construction and procurement contracts. | 25 | | All contracts for supplies, material or
work shall be signed | 26 | | by the president of the board or
by any such other officer as |
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| 1 | | the board in its discretion may designate.
| 2 | | Salaries of employees shall be fixed by ordinance.
| 3 | | (Source: P.A. 99-264, eff. 1-1-16 .)
| 4 | | Section 997. Severability. The provisions of this Act are | 5 | | severable under Section 1.31 of the Statute on Statutes.
| 6 | | Section 999. Effective date. This Act takes effect June 1, | 7 | | 2022.
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