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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,28but are not limited to, a general manager of the McCormick29Place facility, a general manager of the Navy Pier facility,30if established, a general attorney and a chief engineer.The 31 Board shall provide for the appointment of such other HB0806 Engrossed -2- LRB9102317MWgc 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,6chief engineer, and all other officers provided forpursuant 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, general10managers, 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 officergeneral manager,27general attorney and chief engineerand (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 HB0806 Engrossed -3- LRB9102317MWgc 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 SeptemberMarch1 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 HB0806 Engrossed -4- LRB9102317MWgc 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 HB0806 Engrossed -5- LRB9102317MWgc 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 HB0806 Engrossed -6- LRB9102317MWgc 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 HB0806 Engrossed -7- LRB9102317MWgc 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; HB0806 Engrossed -8- LRB9102317MWgc 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$5,000or 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 Actamendatory 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 HB0806 Engrossed -9- LRB9102317MWgc 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$5,000shall 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 HB0806 Engrossed -10- LRB9102317MWgc 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$5,000for 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. HB0806 Engrossed -11- LRB9102317MWgc 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$5,000for 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 HB0806 Engrossed -12- LRB9102317MWgc 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 HB0806 Engrossed -13- LRB9102317MWgc 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.)