Public Act 100-0882
 
SB2817 EnrolledLRB100 17561 AWJ 32731 b


  
    AN ACT concerning local government.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 10. The Sanitary District Act of 1917 is amended  by 
changing Section 11 as follows:
 



    (70 ILCS 2405/11)  (from Ch. 42, par. 310)



    Sec. 11. 
Except as otherwise hereinafter provided, all 
contracts for
purchases or sales by a sanitary district 
organized under this Act, the expense
of which will exceed
the 
mandatory competitive bid threshold, shall be let to the
lowest 
responsible bidder therefor upon not
less than 14 days' public 
notice of the terms and conditions upon which the
contract is 
to be let, having been given by publication in a newspaper of

general circulation published in the district, and the board 
may reject any
and all bids, and readvertise.
In determining 
the lowest responsible bidder, the board shall take into

consideration the qualities and serviceability of the articles 
supplied, their
conformity with specifications, their 
suitability to the requirements of the
district, the 
availability of support services, the uniqueness of the 
service,
materials, equipment, or supplies as it applies to 
network integrated computer
systems, the compatibility of the 
service, materials, equipment or supplies
with existing 
equipment, and the delivery terms.  Contracts for services in

excess of the mandatory competitive bid threshold may, subject

to the provisions of this Section, be let by
competitive 
bidding at the discretion of the district board of trustees.

    Cash, a cashier's check, a certified check, or a bid bond 
with adequate
surety
approved by the board of trustees as a 
deposit of good faith, in a reasonable
amount, but not in 
excess of 10% of the contract amount, may be required of
each 
bidder by the district on all bids involving amounts in excess 
of
the
mandatory competitive bid threshold and, if so required, 
the advertisement for
bids shall so specify.

    All contracts for purchases or sales that will not exceed 
the mandatory
competitive bid threshold may be made
in the open 
market without publication in a newspaper as above provided,

but whenever practical shall be based on at least 3 competitive 
bids.  For
purposes of this Section, the "mandatory competitive 
bid threshold"
is a dollar amount equal to 0.1% of the total 
general fixed
assets of the district as reported in the most 
recent required audit report.
In
no event, however, shall the 
mandatory competitive bid threshold dollar amount
be less than 
$10,000, nor more than $40,000.

    If a unit of local government performs non-emergency 
construction, alteration, repair, improvement, or maintenance 
work on the public way, the sanitary district may enter into an 
intergovernmental agreement with the unit of local government 
allowing similar construction work to be performed by the 
sanitary district on the same project, in an amount no greater 
than $100,000, to save taxpayer funds and eliminate duplication 
of government effort. The sanitary district and the other unit 
of local government shall, before work is performed by either 
unit of local government on a project, adopt a resolution by a 
majority vote of both governing bodies certifying work will 
occur at a specific location, the reasons why both units of 
local government require work to be performed in the same 
location, and the projected cost savings if work is performed 
by both units of local government on the same project.  
Officials or employees of the sanitary district may, if 
authorized by resolution, purchase in the open market any 
supplies, materials, equipment, or services for use within the 
project in an amount no greater than $100,000 without 
advertisement or without filing a requisition or estimate. A 
full written account of each project performed by the sanitary 
district and a requisition for the materials, supplies, 
equipment, and services used by the sanitary district required 
to complete the project must be submitted by the officials or 
employees authorized to make purchases to the board of trustees 
of the sanitary district no later than 30 days after purchase. 
The full written account must be available for public 
inspection for at least one year after expenditures are made. 
    Contracts which by their nature are not adapted to award by 
competitive
bidding, including, without limitation, contracts 
for the services of
individuals, groups or firms possessing a 
high degree of professional skill
where the ability or fitness 
of the individual or organization plays an
important part, 
contracts for financial management services undertaken

pursuant to "An Act relating to certain investments of public 
funds by
public agencies", approved July 23, 1943, as now or 
hereafter amended,
contracts for the purchase or sale of 
utilities, contracts for materials
economically procurable 
only from a single source of supply, contracts for
the use, 
purchase, delivery, movement, or installation of
data 
processing equipment, software, or services and 
telecommunications and
interconnect equipment, software, or 
services, contracts for duplicating
machines and supplies, 
contracts for goods or services procured from another

governmental agency, purchases of equipment previously owned 
by an entity
other than the district itself, and leases of
real 
property where the sanitary district is the lessee shall not be

subject to the competitive bidding requirements of this 
Section.

    The competitive bidding requirements of this Section do not 
apply to
contracts for construction of a facility or structure 
for the sanitary district
when the facility or structure will 
be designed, built, and tested before being
conveyed to the 
sanitary district.

    The competitive bidding requirements of this Section do not 
apply to
contracts, including contracts for both materials and 
services incidental
thereto, for the repair or replacement of a 
sanitary district's treatment
plant, sewers, equipment, or 
facilities damaged or destroyed as the result of a
sudden or 
unexpected occurrence, including, but not limited to, a flood, 
fire,
tornado, earthquake, storm, or other natural or man-made 
disaster, if the
board of trustees determines in writing that 
the awarding of those contracts
without competitive bidding is 
reasonably necessary for the sanitary district
to maintain 
compliance with a permit issued under the National Pollution

Discharge Elimination System (NPDES) or any successor system or 
with any
outstanding order relating to that compliance issued 
by the United States
Environmental Protection Agency, the 
Illinois Environmental Protection Agency,
or the Illinois 
Pollution Control Board.  The authority to issue contracts

without competitive bidding pursuant to this paragraph expires 
6 months after
the date of the writing determining that the 
awarding of contracts without
competitive bidding is 
reasonably necessary.

    Where the board of trustees declares, by a 2/3 vote of all 
members of the
board, that there exists an emergency affecting 
the public health or safety,
contracts totaling not more than 
the emergency contract cap may
be let to the extent necessary 
to
resolve such emergency without public advertisement or 
competitive bidding.
For purposes of this Section, the 
"emergency contract cap" is a dollar
amount equal to 0.4% of 
the total general fixed assets of
the
district as reported in 
the most recent required audit report.
In no event,
however, 
shall the emergency contract cap dollar amount be less than 
$40,000,
nor more than $100,000.
The ordinance or resolution 
embodying the
emergency declaration shall contain the date upon 
which such emergency will
terminate.  The board of trustees may 
extend the termination
date if in its judgment the 
circumstances so require.  A full written account
of the 
emergency, together with a requisition for the materials, 
supplies,
labor or equipment required therefor shall be 
submitted immediately upon
completion and shall be open to 
public inspection for a period of at least
one year subsequent 
to the date of such emergency purchase.
Within 30 days after 
the passage of the resolution or ordinance declaring an

emergency
affecting the public health or safety, the District 
shall submit to the
Illinois
Environmental Protection Agency 
the full written account of any such emergency
along
with a 
copy of the resolution or ordinance declaring the emergency, in

accordance with
requirements as may be provided by rule.

    A contract for any work or other public improvement, to be 
paid for in
whole or in part by special assessment or special 
taxation, shall be entered into and the
performance thereof 
controlled by Division 2 of Article 9 of the "Illinois

Municipal Code", approved May 29, 1961, as heretofore and 
hereafter
amended, as near as may be. The contracts may be let 
for making proper
and suitable connections between the mains 
and outlets of the respective
sewers in the district with any 
conduit, conduits, main pipe or pipes that
may be constructed 
by such sanitary district.

(Source: P.A. 92-195, eff. 1-1-02.)

 
    Section 15. The Metropolitan Water Reclamation District 
Act is amended  by changing Section 11.3 as follows:
 



    (70 ILCS 2605/11.3)  (from Ch. 42, par. 331.3)



    Sec. 11.3. 
Except as provided in Sections 11.4 and 11.5, 
all purchase
orders or contracts involving amounts in excess of 
the mandatory competitive
bid
threshold
and made by or on 
behalf of the sanitary district for labor, services or work,

the
purchase, lease or sale of personal property, materials, 
equipment or
supplies, or the granting of any concession, shall 
be let by free and
open competitive bidding after 
advertisement, to the lowest responsible
bidder or to the 
highest responsible bidder, as the case may be,
depending upon 
whether the sanitary district is to expend or receive
money.

    All such purchase orders or contracts which shall involve 
amounts
that will not exceed the mandatory competitive bid

threshold, shall also be let in the manner prescribed
above 
whenever practicable, except that after solicitation of bids, 
such
purchase orders or contracts may be let in the open 
market, in a manner
calculated to insure the best interests of 
the public. The provisions of
this section are subject to any 
contrary provisions contained in "An Act
concerning the use of 
Illinois mined coal in certain plants and institutions",
filed 
July 13, 1937, as heretofore and hereafter amended.
For 
purposes of this Section, the "mandatory competitive bid 
threshold" is a
dollar
amount equal to 0.1% of the total 
general fixed assets of the district as
reported in the
most 
recent required audit report.  In no event, however, shall the 
mandatory
competitive
bid threshold dollar amount be less than 
$10,000 or more than $40,000.

    If a unit of local government performs non-emergency 
construction, alteration, repair, improvement, or maintenance 
work on the public way, the sanitary district may enter into an 
intergovernmental agreement with the unit of local government 
allowing similar construction work to be performed by the 
sanitary district on the same project, in an amount no greater 
than $100,000, to save taxpayer funds and eliminate duplication 
of government effort. The sanitary district and the other unit 
of local government shall,  before work is performed by either 
unit of local government on a project, adopt a resolution by a 
majority vote of both governing bodies certifying work will 
occur at a specific location, the reasons why both units of 
local government require work to be performed in the same 
location, and the projected cost savings if work is performed 
by both units of local government on the same project.  
Officials or employees of the sanitary district may, if 
authorized by resolution, purchase in the open market any 
supplies, materials, equipment, or services for use within the 
project in an amount no greater than $100,000 without 
advertisement or without filing a requisition or estimate. A 
full written account of each project performed by the sanitary 
district and a requisition for the materials, supplies, 
equipment, and services used by the sanitary district required 
to complete the project must be submitted by the officials or 
employees authorized to make purchases to the board of trustees 
of the sanitary district no later than 30 days after purchase. 
The full written account must be available for public 
inspection for at least one year after expenditures are made. 
    Notwithstanding the provisions of this Section, the 
sanitary district is
expressly authorized to establish such 
procedures as it deems appropriate
to comply with state or 
federal regulations as to affirmative action and
the 
utilization of small and minority businesses in construction 
and
procurement
contracts.

(Source: P.A. 92-195, eff. 1-1-02.)

 
    Section 20. The Sanitary District Act of 1936 is amended  by 
changing Section 14 as follows:
 



    (70 ILCS 2805/14)  (from Ch. 42, par. 425)



    Sec. 14. 
Except as otherwise provided in this Section, all 
contracts
for purchases or sales by the sanitary district, the

expense of which will exceed the mandatory competitive bid 
threshold, shall be
let to the lowest responsible
bidder 
therefor upon not less than 14 days' public notice of the terms 
and
conditions upon which the contract is to be let, having 
been given by
publication in a daily or weekly newspaper

published in the district or, if there is no newspaper 
published in the
district, in a newspaper published in the 
county and having general circulation
in the
district, and the 
board may reject any and all bids, and readvertise.
Contracts 
for
services in excess of the mandatory competitive bid 
threshold
may, subject to the provisions of this
Section, be 
let by competitive bidding at the discretion of the district

board of trustees.  All contracts for purchases or sales that 
will not
exceed the mandatory competitive bid threshold may be 
made in the open market without publication
in a newspaper as 
above provided, but whenever practical shall be based on
at 
least 3 competitive bids.  For purposes of this Section, the 
"mandatory
competitive bid threshold"
is a dollar amount equal 
to 0.1% of the total general fixed
assets of the district as 
reported in the most recent required audit report.
In
no event, 
however, shall the mandatory competitive bid threshold dollar 
amount
be less than $10,000, nor more than $40,000.

    If a unit of local government performs non-emergency 
construction, alteration, repair, improvement, or maintenance 
work on the public way, the sanitary district may enter into an 
intergovernmental agreement with the unit of local government 
allowing similar construction work to be performed by the 
sanitary district on the same project, in an amount no greater 
than $100,000, to save taxpayer funds and eliminate duplication 
of government effort. The sanitary district and the other unit 
of local government shall, before  work is performed by either 
unit of local government on a project, adopt a resolution by a 
majority vote of both governing bodies certifying work will 
occur at a specific location, the reasons why both units of 
local government require work to be performed in the same 
location, and the projected cost savings if work is performed 
by both units of local government on the same project.  
Officials or employees of the sanitary district may, if 
authorized by resolution, purchase in the open market any 
supplies, materials, equipment, or services for use within the 
project in an amount no greater than $100,000 without 
advertisement or without filing a requisition or estimate. A 
full written account of each project performed by the sanitary 
district and a requisition for the materials, supplies, 
equipment, and services used by the sanitary district required 
to complete the project must be submitted by the officials or 
employees authorized to make purchases to the board of trustees 
of the sanitary district no later than 30 days after purchase. 
The full written account must be available for public 
inspection for at least one year after expenditures are made. 
    Cash, a cashier's check, a
certified check, or a bid bond 
with adequate surety approved by the board of
trustees as a 
deposit of good faith, in a reasonable amount, but not in 
excess
of 10% of the contract amount, may be required of each 
bidder by the district
on all bids involving amounts in excess 
of the mandatory competitive bid
threshold and, if so required, 
the advertisement for bids shall
so specify.

    Contracts which by their nature are not adapted to award by 
competitive
bidding, including, without limitation, contracts 
for the services of
individuals, groups or firms possessing a 
high degree of professional skill
where the ability or fitness 
of the individual or organization plays an
important part, 
contracts for financial management services undertaken

pursuant to the Public Funds Investment Act,
contracts for the 
purchase or sale of utilities, contracts for materials

economically procurable only from a single source of supply and 
leases of
real property where the sanitary district is the 
lessee shall not be
subject to the competitive bidding 
requirements of this Section.

    Where the board of trustees declares, by a 2/3 vote of all 
members of the
board, that there exists an emergency affecting 
the public health or
safety, contracts totaling not more than 
the emergency contract cap may be let to the extent
necessary 
to resolve such emergency without public advertisement or

competitive bidding.  For purposes of this Section, the 
"emergency contract
cap" is a dollar
amount equal to 0.4% of 
the total general fixed assets of
the
district as reported in 
the most recent required audit report.
In no event,
however, 
shall the emergency contract cap dollar amount be less than 
$40,000,
nor more than $100,000.
The ordinance or resolution 
embodying the
emergency declaration shall contain the date upon 
which such emergency will
terminate.  The board of trustees may 
extend the termination date if in
its judgment the 
circumstances so require.  A full written account of the

emergency, together with a requisition for the materials, 
supplies, labor
or equipment required therefor shall be 
submitted immediately upon completion
and shall be open to 
public inspection for a period of at least one year
subsequent 
to the date of such emergency purchase.
Within 30 days after 
the passage of the resolution or ordinance declaring an

emergency
affecting the public health or safety, the District 
shall submit to the
Illinois
Environmental Protection Agency 
the full written account of any such emergency
along
with a 
copy of the resolution or ordinance declaring the emergency, in

accordance with
requirements as may be provided by rule.

(Source: P.A. 91-547, eff. 8-14-99; 92-195, eff. 1-1-02.)

 
    Section 25. The Metro-East Sanitary District Act of 1974 is 
amended  by changing Section 5-4 as follows:
 



    (70 ILCS 2905/5-4)  (from Ch. 42, par. 505-4)



    Sec. 5-4. All contracts for work to be done and supplies 
and materials to be
purchased by the sanitary district, the 
expense of which will exceed $10,000,

shall be let to the 
lowest responsible bidder therefor, upon not less than
21 days 
public notice of the terms and conditions upon which the 
contract
is to be let, having been given by publication in a 
newspaper of general
circulation published in the district, and 
the board may
reject any and all bids and readvertise. All 
purchases or sales of $10,000 or
less may be made in the open 
market without publication in a newspaper as
above provided, 
but whenever practical shall be based on at least 3
competitive 
bids. No person may be employed on the work except citizens of

the United States, or those who in good faith have declared 
their intention
to become citizens, and 8 hours constitutes a 
day's work.

    If a unit of local government performs non-emergency 
construction, alteration, repair, improvement, or maintenance 
work on the public way, the sanitary district may enter into an 
intergovernmental agreement with the unit of local government 
allowing similar construction work to be performed by the 
sanitary district on the same project, in an amount no greater 
than $100,000, to save taxpayer funds and eliminate duplication 
of government effort. The sanitary district and the other unit 
of local government shall, before work is performed by either 
unit of local government on a project, adopt a resolution by a 
majority vote of both governing bodies certifying work will 
occur at a specific location, the reasons why both units of 
local government require work to be performed in the same 
location, and the projected cost savings if work is performed 
by both units of local government on the same project.  
Officials or employees of the sanitary district may, if 
authorized by resolution, purchase in the open market any 
supplies, materials, equipment, or services for use within the 
project in an amount no greater than $100,000 without 
advertisement or without filing a requisition or estimate. A 
full written account of each project performed by the sanitary 
district and a requisition for the materials, supplies, 
equipment, and services used by the sanitary district required 
to complete the project must be submitted by the officials or 
employees authorized to make purchases to the board of trustees 
of the sanitary district no later than 30 days after purchase. 
The full written account must be available for public 
inspection for at least one year after expenditures are made. 
(Source: P.A. 94-445, eff. 1-1-06.)

 
 
    Section 99. Effective date. This Act takes effect upon 
becoming law.