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91_SB1513eng SB1513 Engrossed LRB9112642MWpc 1 AN ACT to amend the North Shore Sanitary District Act by 2 changing Section 11. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The North Shore Sanitary District Act is 6 amended by changing Section 11 as follows: 7 (70 ILCS 2305/11) (from Ch. 42, par. 287) 8 Sec. 11. Except as otherwise provided in this Section, 9 all contracts for purchases or sales by the municipality, the 10 expense of which will exceed $10,000, shall be let to the 11 lowest responsible bidder therefor upon not less than 14 12 days' public notice of the terms and conditions upon which 13 the contract is to be let, having been given by publication 14 in a newspaper of general circulation published in the 15 district, and the board may reject any and all bids and 16 readvertise. In determining the lowest responsible bidder, 17 the board shall take into consideration the qualities and 18 serviceability of the articles supplied, their conformity 19 with specifications, their suitability to the requirements of 20 the district, the availability of support services, the 21 uniqueness of the service, materials, equipment, or supplies 22 as it applies to network integrated computer systems, the 23 compatibility of the service, materials, equipment or 24 supplies with existing equipment, and the delivery terms. 25 Contracts for services in excess of $10,000 may, subject to 26 the provisions of this Section, be let by competitive bidding 27 at the discretion of the district board of trustees. All 28 contracts for purchases or sales of $10,000 or less may be 29 made in the open market without publication in a newspaper as 30 above provided, but whenever practical shall be based on at 31 least 3 competitive bids. SB1513 Engrossed -2- LRB9112642MWpc 1 Contracts which by their nature are not adapted to award 2 by competitive bidding, including, without limitation, 3 contracts for the services of individuals, groups or firms 4 possessing a high degree of professional skill where the 5 ability or fitness of the individual or organization plays an 6 important part, contracts for financial management services 7 undertaken pursuant to "An Act relating to certain 8 investments of public funds by public agencies", approved 9 July 23, 1943, as now or hereafter amended, contracts for the 10 purchase or sale of utilities, contracts for materials 11 economically procurable only from a single source of supply, 12 contracts for the use, purchase, delivery, movement, or 13 installation of data processing equipment, software, or 14 services and telecommunications and interconnect equipment, 15 software, or services, contracts for duplicating machines and 16 supplies, contracts for goods or services procured from 17 another governmental agency, purchases of equipment 18 previously owned by an entity other than the district itself, 19 and leases of real property where the sanitary district is 20 the lessee shall not be subject to the competitive bidding 21 requirements of this Section. 22 In the case of an emergency affecting the public health 23 or safety so declared by the Board of Trustees of the 24 municipality at a meeting thereof duly convened, which 25 declaration shall require the affirmative vote of four of the 26 five Trustees elected, and shall set forth the nature of the 27 danger to the public health or safety, contracts totaling not 28 more than$40,000$250,000 may be let to the extent necessary 29 to resolve such emergency without public advertisement or 30 competitive bidding. The Resolution or Ordinance in which 31 such declaration is embodied shall fix the date upon which 32 such emergency shall terminate which date may be extended or 33 abridged by the Board of Trustees as in their judgment the 34 circumstances require. A full written account of any such SB1513 Engrossed -3- LRB9112642MWpc 1 emergency, together with a requisition for the materials, 2 supplies, labor or equipment required therefor shall be 3 submitted immediately upon completion and shall be open to 4 public inspection for a period of at least one year 5 subsequent to the date of such emergency purchase. 6 To address operating emergencies not affecting the public 7 health or safety, the Board of Trustees shall authorize, in 8 writing, officials or employees of the sanitary district to 9 purchase in the open market and without advertisement any 10 supplies, materials, equipment, or services for immediate 11 delivery to meet the bona fide operating emergency, without 12 filing a requisition or estimate therefor, in an amount not 13 in excess of $40,000; provided that the Board of Trustees 14 must be notified of the operating emergency. A full, written 15 account of each operating emergency and a requisition for the 16 materials, supplies, equipment, and services required to meet 17 the operating emergency must be immediately submitted by the 18 officials or employees authorized to make purchases to the 19 Board of Trustees. The account must be available for public 20 inspection for a period of at least one year after the date 21 of the operating emergency purchase. The exercise of 22 authority with respect to purchases for a bona fide operating 23 emergency is not dependent on a declaration of an operating 24 emergency by the Board of Trustees. 25 No Trustee shall be interested, directly or indirectly, 26 in any contract, work or business of the municipality, or in 27 the sale of any article, whenever the expense, price or 28 consideration of the contract work, business or sale is paid 29 either from the treasury or by any assessment levied by any 30 Statute or Ordinance. No Trustee shall be interested, 31 directly or indirectly, in the purchase of any property which 32 (1) belongs to the municipality, or (2) is sold for taxes or 33 assessments of the municipality, or (3) is sold by virtue of 34 legal process in the suit of the municipality. SB1513 Engrossed -4- LRB9112642MWpc 1 In all other respects such contracts shall be entered 2 into and the performance thereof controlled by the provisions 3 of Division 2 of Article 9 of the "Illinois Municipal Code", 4 approved May 29, 1961, as heretofore or hereafter amended, as 5 near as may be. However, contracts may be let for making 6 proper and suitable connections between the mains and outlets 7 of the respective sanitary sewers in the district with any 8 conduit, conduits, main pipe or pipes that may be constructed 9 by such sanitary district. 10 (Source: P.A. 88-572, eff. 8-11-94.)