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92_HB2152 LRB9205813MWks 1 AN ACT concerning park districts. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Park District Code is amended by changing 5 Section 8-1 as follows: 6 (70 ILCS 1205/8-1) (from Ch. 105, par. 8-1) 7 Sec. 8-1. Every park district shall, from the time of 8 its organization, be a body corporate and politic by such 9 name as set forth in the petition for its organization or 10 such name as it may adopt under Section 8-8 hereof and shall 11 have and exercise the following powers: 12 (a) To adopt a corporate seal and alter the same at 13 pleasure; to sue and be sued; and to contract in furtherance 14 of any of its corporate purposes. 15 (b) (1) To acquire by gift, legacy, grant or purchase, 16 or by condemnation in the manner provided for the exercise of 17 the power of eminent domain under Article VII of the Code of 18 Civil Procedure, approved August 19, 1981, as amended, any 19 and all real estate, or rights therein necessary for 20 building, laying out, extending, adorning and maintaining any 21 such parks, boulevards and driveways, or for effecting any of 22 the powers or purposes granted under this Code as its board 23 may deem proper, whether such lands be located within or 24 without such district; but no park district, except as 25 provided in paragraph (2) of this subsection, shall have any 26 power of condemnation in the manner provided for the exercise 27 of the power of eminent domain under Article VII of the Code 28 of Civil Procedure, approved August 19, 1981, as amended, or 29 otherwise as to any real estate, lands, riparian rights or 30 estate, or other property situated outside of such district, 31 but shall only have power to acquire the same by gift, -2- LRB9205813MWks 1 legacy, grant or purchase, and such district shall have the 2 same control of and power over lands so acquired without the 3 district as over parks, boulevards and driveways within such 4 district. 5 (2) In addition to the powers granted in paragraph (1) 6 of subsection (b), a park district located in more than one 7 county, the majority of its territory located in a county 8 over 450,000 in population and none of its territory located 9 in a county over 1,000,000 in population, shall have 10 condemnation power in the manner provided for the exercise of 11 the power of eminent domain under Article VII of the Code of 12 Civil Procedure, approved August 19, 1981, as amended, or as 13 otherwise granted by law as to any and all real estate 14 situated up to one mile outside of such district which is not 15 within the boundaries of another park district. 16 (c) Except as otherwise provided in subsection (c-5), to 17 acquire by gift, legacy or purchase any personal property 18 necessary for its corporate purposes provided that all 19 contracts for supplies, materials or work involving an 20 expenditure in excess of $10,000 shall be let to the lowest 21 responsible bidder, considering conformity with 22 specifications, terms of delivery, quality, and 23 serviceability, after due advertisement, excepting contracts 24 which by their nature are not adapted to award by competitive 25 bidding, such as contracts for the services of individuals 26 possessing a high degree of professional skill where the 27 ability or fitness of the individual plays an important part, 28 contracts for the printing of finance committee reports and 29 departmental reports, contracts for the printing or engraving 30 of bonds, tax warrants and other evidences of indebtedness, 31 contracts for utility services such as water, light, heat, 32 telephone or telegraph, contracts for the use, purchase, 33 delivery, movement, or installation of data processing 34 equipment, software, or services and telecommunications and -3- LRB9205813MWks 1 interconnect equipment, software, or services, contracts for 2 duplicating machines and supplies, contracts for goods or 3 services procured from another governmental agency, purchases 4 of equipment previously owned by some entity other than the 5 district itself, and contracts for the purchase of magazines, 6 books, periodicals, pamphlets and reports and excepting where 7 funds are expended in an emergency and such emergency 8 expenditure is approved by 3/4 of the members of the board. 9 All competitive bids for contracts involving an 10 expenditure in excess of $10,000 must be sealed by the bidder 11 and must be opened by a member or employee of the park board 12 at a public bid opening at which the contents of the bids 13 must be announced. Each bidder must receive at least 3 days 14 notice of the time and place of the bid opening. 15 For purposes of this subsection, "due advertisement" 16 includes, but is not limited to, at least one public notice 17 at least 10 days before the bid date in a newspaper published 18 in the district or, if no newspaper is published in the 19 district, in a newspaper of general circulation in the area 20 of the district. 21 (c-5) (1) In connection with two-phase design/build 22 selection procedures authorized in this subsection, a park 23 district may authorize, by the affirmative vote of two-thirds 24 of the then commissioners, the use of competitive selection 25 and the prequalification of responsible bidders consistent 26 with applicable federal regulations and this subsection 27 (c-5). 28 (2) Two-phase design/build selection procedures 29 shall consist of the following: 30 (i) A park district must develop, through 31 licensed architects or licensed engineers, a scope 32 of work statement for inclusion in the solicitation 33 for phase-one proposals that defines the project and 34 provides prospective offerors with sufficient -4- LRB9205813MWks 1 information regarding the district's requirements. 2 The statement must include criteria and preliminary 3 design, and general budget parameters and general 4 schedule or delivery requirements to enable the 5 offerors to submit proposals which meet the district 6 is needs. When the two-phase design/build selection 7 procedure is used and the park district contracts 8 for development of the scope of work statement, the 9 park district shall contract for architectural or 10 engineering services as defined by and in accordance 11 with the Architectural, Engineering, and Land 12 Surveying Qualifications Based Selection Act and all 13 applicable licensing statutes. 14 (ii) The evaluation factors to be used in 15 evaluating phase-one proposals must be stated in the 16 solicitation and must include specialized experience 17 and technical competence, capability to perform, 18 past performance of the offeror's team (including 19 the architect-engineer and construction members of 20 the team), and other appropriate technical and 21 qualifications factors. Each solicitation must 22 establish the relative importance assigned to the 23 evaluation factors and the subfactors that must be 24 considered in the evaluation of phase-one proposals 25 on the basis of the evaluation factors set forth in 26 the solicitation. Each design/build team must 27 include a licensed design professional independent 28 from the park district's licensed architect or 29 engineer and a licensed design professional must be 30 named in the phase-one proposals submitted to the 31 park district. 32 (iii) On the basis of the phase-one proposal 33 the park district must select as the most highly 34 qualified the number of offerors specified in the -5- LRB9205813MWks 1 solicitation and request the selected offerors to 2 submit phase-two competitive proposals and cost or 3 price information. Each solicitation must establish 4 the relative importance assigned to the evaluation 5 factors and the subfactors that must be considered 6 in the evaluation of phase-two proposals on the 7 basis of the evaluation factors set forth in the 8 solicitation. A park district may negotiate with 9 the selected design/build team after award but prior 10 to contract execution for the purpose of securing 11 better terms than originally proposed, provided the 12 salient features of the design/build solicitation 13 are not diminished. Each phase-two solicitation 14 evaluates separately (A) the technical submission 15 for the proposal, including design concepts or 16 proposed solutions to requirements addressed within 17 the scope of work and (B) the evaluation factors and 18 subfactors, including cost or price, that must be 19 considered in the evaluations of proposals. 20 (iv) A design/build solicitation issued under 21 the procedures in this subsection (c-5) must state 22 the maximum number of offerors that are to be 23 selected to submit competitive phase-two proposals. 24 The maximum number specified in the solicitation, 25 may not exceed 5 unless the park district, with 26 respect to an individual solicitation determines 27 that a specified number greater than 5 is in the 28 best interest of the park district and is consistent 29 with the purposes and objectives of the two-phase 30 design/build selection process. 31 (v) All designs submitted as part of the 32 two-phase selection process and not selected are 33 proprietary to the preparers. 34 (d) To pass all necessary ordinances, rules and -6- LRB9205813MWks 1 regulations for the proper management and conduct of the 2 business of the board and district and to establish by 3 ordinance all needful rules and regulations for the 4 government and protection of parks, boulevards and driveways 5 and other property under its jurisdiction, and to effect the 6 objects for which such districts are formed. 7 (e) To prescribe such fines and penalties for the 8 violation of ordinances as it shall deem proper not exceeding 9 $500 for any one offense, which fines and penalties may be 10 recovered by an action in the name of such district in the 11 circuit court for the county in which such violation 12 occurred. The park district may also seek in the action, in 13 addition to or instead of fines and penalties, an order that 14 the offender be required to make restitution for damage 15 resulting from violations, and the court shall grant such 16 relief where appropriate. The procedure in such actions 17 shall be the same as that provided by law for like actions 18 for the violation of ordinances in cities organized under the 19 general laws of this State, and offenders may be imprisoned 20 for non-payment of fines and costs in the same manner as in 21 such cities. All fines when collected shall be paid into the 22 treasury of such district. 23 (f) To manage and control all officers and property of 24 such districts and to provide for joint ownership with one or 25 more cities, villages or incorporated towns of real and 26 personal property used for park purposes by one or more park 27 districts. In case of joint ownership, the terms of the 28 agreement shall be fair, just and equitable to all parties 29 and shall be set forth in a written agreement entered into by 30 the corporate authorities of each participating district, 31 city, village or incorporated town. 32 (g) To secure grants and loans, or either, from the 33 United States Government, or any agency or agencies thereof, 34 for financing the acquisition or purchase of any and all real -7- LRB9205813MWks 1 estate, or rights therein, or for effecting any of the powers 2 or purposes granted under this Code as its Board may deem 3 proper. 4 (h) To establish fees for the use of facilities and 5 recreational programs of the districts and to derive revenue 6 from non-resident fees from their operations. Fees charged 7 non-residents of such district need not be the same as fees 8 charged to residents of the district. Charging fees or 9 deriving revenue from the facilities and recreational 10 programs shall not affect the right to assert or utilize any 11 defense or immunity, common law or statutory, available to 12 the districts or their employees. 13 (i) To make contracts for a term exceeding one year, but 14 not to exceed 3 years, notwithstanding any provision of this 15 Code to the contrary, relating to: (1) the employment of a 16 park director, superintendent, administrator, engineer, 17 health officer, land planner, finance director, attorney, 18 police chief, or other officer who requires technical 19 training or knowledge; (2) the employment of outside 20 professional consultants such as engineers, doctors, land 21 planners, auditors, attorneys, or other professional 22 consultants who require technical training or knowledge; and 23 (3) the provision of data processing equipment and services. 24 With respect to any contract made under this subsection (i), 25 the corporate authorities shall include in the annual 26 appropriation ordinance for each fiscal year an appropriation 27 of a sum of money sufficient to pay the amount which, by the 28 terms of the contract, is to become due and payable during 29 that fiscal year. 30 (j) To enter into licensing or management agreements 31 with not-for-profit corporations organized under the laws of 32 this State to operate park district facilities if the 33 corporation covenants to use the facilities to provide public 34 park or recreational programs for youth. -8- LRB9205813MWks 1 (Source: P.A. 88-91; 88-426; 88-670, eff. 12-2-94; 89-458, 2 eff. 5-24-96; 89-509, eff. 7-5-96.)