[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Engrossed ] | [ Enrolled ] | [ Senate Amendment 001 ] |
| [ Senate Amendment 002 ] | [ Senate Amendment 003 ] | [ Senate Amendment 004 ] |
92_SB0032
LRB9201390TAtm
1 AN ACT concerning sanitary districts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The North Shore Sanitary District Act is
5 amended by changing Section 11 as follows:
6 (70 ILCS 2305/11) (from Ch. 42, par. 287)
7 Sec. 11. Except as otherwise provided in this Section,
8 all contracts for purchases or sales by the municipality, the
9 expense of which will exceed the mandatory competitive bid
10 threshold $10,000, shall be let to the lowest responsible
11 bidder therefor upon not less than 14 days' public notice of
12 the terms and conditions upon which the contract is to be
13 let, having been given by publication in a newspaper of
14 general circulation published in the district, and the board
15 may reject any and all bids and readvertise. In determining
16 the lowest responsible bidder, the board shall take into
17 consideration the qualities and serviceability of the
18 articles supplied, their conformity with specifications,
19 their suitability to the requirements of the district, the
20 availability of support services, the uniqueness of the
21 service, materials, equipment, or supplies as it applies to
22 network integrated computer systems, the compatibility of the
23 service, materials, equipment or supplies with existing
24 equipment, and the delivery terms. Contracts for services in
25 excess of the mandatory competitive bid threshold $10,000
26 may, subject to the provisions of this Section, be let by
27 competitive bidding at the discretion of the district board
28 of trustees. All contracts for purchases or sales that will
29 not exceed the mandatory competitive bid threshold of $10,000
30 or less may be made in the open market without publication in
31 a newspaper as above provided, but whenever practical shall
-2- LRB9201390TAtm
1 be based on at least 3 competitive bids. For purposes of
2 this Section, the "mandatory competitive bid threshold" is a
3 dollar amount equal to 0.1% of the greater of: (1) the total
4 general fixed assets of the district as reported in the most
5 recent required audit report or (2) the total insured
6 property value of the district as provided for in the
7 district's insurance policy in effect at the time of the bid
8 solicitation. In no event, however, shall the mandatory
9 competitive bid threshold dollar amount be less than $10,000,
10 nor more than $100,000. Cash, a cashier's check, a certified
11 check, or a bid bond with adequate surety approved by the
12 board of trustees as a deposit of good faith, in a reasonable
13 amount, but not in excess of 10% of the contract amount, may
14 be required of each bidder by the district on all bids
15 involving amounts in excess of the mandatory competitive bid
16 threshold and, if so required, the advertisement for bids
17 shall so specify.
18 Contracts which by their nature are not adapted to award
19 by competitive bidding, including, without limitation,
20 contracts for the services of individuals, groups or firms
21 possessing a high degree of professional skill where the
22 ability or fitness of the individual or organization plays an
23 important part, contracts for financial management services
24 undertaken pursuant to "An Act relating to certain
25 investments of public funds by public agencies", approved
26 July 23, 1943, as now or hereafter amended, contracts for the
27 purchase or sale of utilities, contracts for materials
28 economically procurable only from a single source of supply,
29 contracts for the use, purchase, delivery, movement, or
30 installation of data processing equipment, software, or
31 services and telecommunications and interconnect equipment,
32 software, or services, contracts for duplicating machines and
33 supplies, contracts for goods or services procured from
34 another governmental agency, purchases of equipment
-3- LRB9201390TAtm
1 previously owned by an entity other than the district itself,
2 and leases of real property where the sanitary district is
3 the lessee shall not be subject to the competitive bidding
4 requirements of this Section.
5 The competitive bidding requirements of this Section do
6 not apply to contracts for construction of a facility or
7 structure for the district when the facility or structure
8 will be designed, built, and tested before being conveyed to
9 the district.
10 In the case of an emergency affecting the public health
11 or safety so declared by the Board of Trustees of the
12 municipality at a meeting thereof duly convened, which
13 declaration shall require the affirmative vote of four of the
14 five Trustees elected, and shall set forth the nature of the
15 danger to the public health or safety, contracts totaling not
16 more than the emergency contract cap $75,000 may be let to
17 the extent necessary to resolve such emergency without public
18 advertisement or competitive bidding. For purposes of this
19 Section, the "emergency contract cap" is a dollar amount
20 equal to 0.4% of the greater of: (1) the total general fixed
21 assets of the district as reported in the most recent
22 required audit report or (2) the total insured property value
23 of the district as provided for in the district's insurance
24 policy in effect at the time of the bid solicitation. In no
25 event, however, shall the emergency contract cap dollar
26 amount be less than $40,000, nor more than $400,000. The
27 Resolution or Ordinance in which such declaration is embodied
28 shall fix the date upon which such emergency shall terminate
29 which date may be extended or abridged by the Board of
30 Trustees as in their judgment the circumstances require. A
31 full written account of any such emergency, together with a
32 requisition for the materials, supplies, labor or equipment
33 required therefor shall be submitted immediately upon
34 completion and shall be open to public inspection for a
-4- LRB9201390TAtm
1 period of at least one year subsequent to the date of such
2 emergency purchase.
3 To address operating emergencies not affecting the public
4 health or safety, the Board of Trustees shall authorize, in
5 writing, officials or employees of the sanitary district to
6 purchase in the open market and without advertisement any
7 supplies, materials, equipment, or services for immediate
8 delivery to meet the bona fide operating emergency, without
9 filing a requisition or estimate therefor, in an amount not
10 in excess of $40,000; provided that the Board of Trustees
11 must be notified of the operating emergency. A full, written
12 account of each operating emergency and a requisition for the
13 materials, supplies, equipment, and services required to meet
14 the operating emergency must be immediately submitted by the
15 officials or employees authorized to make purchases to the
16 Board of Trustees. The account must be available for public
17 inspection for a period of at least one year after the date
18 of the operating emergency purchase. The exercise of
19 authority with respect to purchases for a bona fide operating
20 emergency is not dependent on a declaration of an operating
21 emergency by the Board of Trustees.
22 No Trustee shall be interested, directly or indirectly,
23 in any contract, work or business of the municipality, or in
24 the sale of any article, whenever the expense, price or
25 consideration of the contract work, business or sale is paid
26 either from the treasury or by any assessment levied by any
27 Statute or Ordinance. No Trustee shall be interested,
28 directly or indirectly, in the purchase of any property which
29 (1) belongs to the municipality, or (2) is sold for taxes or
30 assessments of the municipality, or (3) is sold by virtue of
31 legal process in the suit of the municipality.
32 A contract for any work or other public improvement, to
33 be paid for in whole or in part by special assessment or
34 special taxation, In all other respects such contracts shall
-5- LRB9201390TAtm
1 be entered into and the performance thereof controlled by the
2 provisions of Division 2 of Article 9 of the "Illinois
3 Municipal Code", approved May 29, 1961, as heretofore or
4 hereafter amended, as near as may be. However, contracts may
5 be let for making proper and suitable connections between the
6 mains and outlets of the respective sanitary sewers in the
7 district with any conduit, conduits, main pipe or pipes that
8 may be constructed by such sanitary district.
9 (Source: P.A. 91-921, eff. 1-1-01.)
10 Section 10. The Sanitary District Act of 1917 is amended
11 by changing Section 11 as follows:
12 (70 ILCS 2405/11) (from Ch. 42, par. 310)
13 Sec. 11. Except as otherwise hereinafter provided, all
14 contracts for purchases or sales by a sanitary district
15 organized under this Act, the expense of which will exceed
16 the mandatory competitive bid threshold $10,000, shall be let
17 to the lowest responsible bidder therefor upon not less than
18 14 days' public notice of the terms and conditions upon which
19 the contract is to be let, having been given by publication
20 in a newspaper of general circulation published in the
21 district, and the board may reject any and all bids, and
22 readvertise. In determining the lowest responsible bidder,
23 the board shall take into consideration the qualities and
24 serviceability of the articles supplied, their conformity
25 with specifications, their suitability to the requirements of
26 the district, the availability of support services, the
27 uniqueness of the service, materials, equipment, or supplies
28 as it applies to network integrated computer systems, the
29 compatibility of the service, materials, equipment or
30 supplies with existing equipment, and the delivery terms.
31 Contracts for services in excess of the mandatory competitive
32 bid threshold $10,000 may, subject to the provisions of this
-6- LRB9201390TAtm
1 Section, be let by competitive bidding at the discretion of
2 the district board of trustees. Cash, a cashier's check, a
3 certified check, or a bid bond with adequate surety approved
4 by the board of trustees as a deposit of good faith, in a
5 reasonable amount, but not in excess of 10% of the contract
6 amount, may be required of each bidder by the district on all
7 bids involving amounts in excess of the mandatory competitive
8 bid threshold and, if so required, the advertisement for bids
9 shall so specify.
10 All contracts for purchases or sales that will not exceed
11 the mandatory competitive bid threshold of $10,000 or less
12 may be made in the open market without publication in a
13 newspaper as above provided, but whenever practical shall be
14 based on at least 3 competitive bids. For purposes of this
15 Section, the "mandatory competitive bid threshold" is a
16 dollar amount equal to 0.1% of the greater of: (1) the total
17 general fixed assets of the district as reported in the most
18 recent required audit report or (2) the total insured
19 property value of the district as provided for in the
20 district's insurance policy in effect at the time of the bid
21 solicitation. In no event, however, shall the mandatory
22 competitive bid threshold dollar amount be less than $10,000,
23 nor more than $100,000.
24 Contracts which by their nature are not adapted to award
25 by competitive bidding, including, without limitation,
26 contracts for the services of individuals, groups or firms
27 possessing a high degree of professional skill where the
28 ability or fitness of the individual or organization plays an
29 important part, contracts for financial management services
30 undertaken pursuant to "An Act relating to certain
31 investments of public funds by public agencies", approved
32 July 23, 1943, as now or hereafter amended, contracts for the
33 purchase or sale of utilities, contracts for materials
34 economically procurable only from a single source of supply,
-7- LRB9201390TAtm
1 contracts for the use, purchase, delivery, movement, or
2 installation of data processing equipment, software, or
3 services and telecommunications and interconnect equipment,
4 software, or services, contracts for duplicating machines and
5 supplies, contracts for goods or services procured from
6 another governmental agency, purchases of equipment
7 previously owned by an entity other than the district itself,
8 and leases of real property where the sanitary district is
9 the lessee shall not be subject to the competitive bidding
10 requirements of this Section.
11 The competitive bidding requirements of this Section do
12 not apply to contracts for construction of a facility or
13 structure for the sanitary district when the facility or
14 structure will be designed, built, and tested before being
15 conveyed to the sanitary district.
16 The competitive bidding requirements of this Section do
17 not apply to contracts, including contracts for both
18 materials and services incidental thereto, for the repair or
19 replacement of a sanitary district's treatment plant, sewers,
20 equipment, or facilities damaged or destroyed as the result
21 of a sudden or unexpected occurrence, including, but not
22 limited to, a flood, fire, tornado, earthquake, storm, or
23 other natural or man-made disaster, if the board of trustees
24 determines in writing that the awarding of those contracts
25 without competitive bidding is reasonably necessary for the
26 sanitary district to maintain compliance with a permit issued
27 under the National Pollution Discharge Elimination System
28 (NPDES) or any successor system or with any outstanding order
29 relating to that compliance issued by the United States
30 Environmental Protection Agency, the Illinois Environmental
31 Protection Agency, or the Illinois Pollution Control Board.
32 The authority to issue contracts without competitive bidding
33 pursuant to this paragraph expires 6 months after the date of
34 the writing determining that the awarding of contracts
-8- LRB9201390TAtm
1 without competitive bidding is reasonably necessary.
2 Where the board of trustees declares, by a 2/3 vote of
3 all members of the board, that there exists an emergency
4 affecting the public health or safety, contracts totaling not
5 more than the emergency contract cap $40,000 may be let to
6 the extent necessary to resolve such emergency without public
7 advertisement or competitive bidding. For purposes of this
8 Section, the "emergency contract cap" is a dollar amount
9 equal to 0.4% of the greater of: (1) the total general fixed
10 assets of the district as reported in the most recent
11 required audit report or (2) the total insured property value
12 of the district as provided for in the district's insurance
13 policy in effect at the time of the bid solicitation. In no
14 event, however, shall the emergency contract cap dollar
15 amount be less than $40,000, nor more than $400,000. The
16 ordinance or resolution embodying the emergency declaration
17 shall contain the date upon which such emergency will
18 terminate. The board of trustees may extend the termination
19 date if in its judgment the circumstances so require. A full
20 written account of the emergency, together with a requisition
21 for the materials, supplies, labor or equipment required
22 therefor shall be submitted immediately upon completion and
23 shall be open to public inspection for a period of at least
24 one year subsequent to the date of such emergency purchase.
25 A contract for any work or other public improvement, to
26 be paid for in whole or in part by special assessment or
27 special taxation, In all other respects such contract shall
28 be entered into and the performance thereof controlled by
29 Division 2 of Article 9 of the "Illinois Municipal Code",
30 approved May 29, 1961, as heretofore and hereafter amended,
31 as near as may be. The contracts may be let for making proper
32 and suitable connections between the mains and outlets of the
33 respective sewers in the district with any conduit, conduits,
34 main pipe or pipes that may be constructed by such sanitary
-9- LRB9201390TAtm
1 district.
2 (Source: P.A. 88-542, eff. 5-27-94; 88-572, eff. 8-11-94;
3 89-235, eff. 8-4-95; 89-558, eff. 7-26-96.)
4 Section 15. The Sanitary District Act of 1936 is amended
5 by changing Section 14 as follows:
6 (70 ILCS 2805/14) (from Ch. 42, par. 425)
7 Sec. 14. Except as otherwise provided in this Section,
8 all contracts for purchases or sales by the sanitary
9 district, the expense of which will exceed the mandatory
10 competitive bid threshold $10,000, shall be let to the lowest
11 responsible bidder therefor upon not less than 14 days'
12 public notice of the terms and conditions upon which the
13 contract is to be let, having been given by publication in a
14 daily or weekly newspaper published in the district or, if
15 there is no newspaper published in the district, in a
16 newspaper published in the county and having general
17 circulation in the district, and the board may reject any and
18 all bids, and readvertise. Contracts for services in excess
19 of the mandatory competitive bid threshold $10,000 may,
20 subject to the provisions of this Section, be let by
21 competitive bidding at the discretion of the district board
22 of trustees. All contracts for purchases or sales that will
23 not exceed the mandatory competitive bid threshold of $10,000
24 or less may be made in the open market without publication in
25 a newspaper as above provided, but whenever practical shall
26 be based on at least 3 competitive bids. For purposes of
27 this Section, the "mandatory competitive bid threshold" is a
28 dollar amount equal to 0.1% of the greater of: (1) the total
29 general fixed assets of the district as reported in the most
30 recent required audit report or (2) the total insured
31 property value of the district as provided for in the
32 district's insurance policy in effect at the time of the bid
-10- LRB9201390TAtm
1 solicitation. In no event, however, shall the mandatory
2 competitive bid threshold dollar amount be less than $10,000,
3 nor more than $100,000. Cash, a cashier's check, a certified
4 check, or a bid bond with adequate surety approved by the
5 board of trustees as a deposit of good faith, in a reasonable
6 amount, but not in excess of 10% of the contract amount, may
7 be required of each bidder by the district on all bids
8 involving amounts in excess of the mandatory competitive bid
9 threshold and, if so required, the advertisement for bids
10 shall so specify.
11 Contracts which by their nature are not adapted to award
12 by competitive bidding, including, without limitation,
13 contracts for the services of individuals, groups or firms
14 possessing a high degree of professional skill where the
15 ability or fitness of the individual or organization plays an
16 important part, contracts for financial management services
17 undertaken pursuant to the Public Funds Investment Act,
18 contracts for the purchase or sale of utilities, contracts
19 for materials economically procurable only from a single
20 source of supply and leases of real property where the
21 sanitary district is the lessee shall not be subject to the
22 competitive bidding requirements of this Section.
23 The competitive bidding requirements of this Section do
24 not apply to contracts for construction of a facility or
25 structure for the district when the facility or structure
26 will be designed, built, and tested before being conveyed to
27 the district.
28 Where the board of trustees declares, by a 2/3 vote of
29 all members of the board, that there exists an emergency
30 affecting the public health or safety, contracts totaling not
31 more than the emergency contract cap $40,000 may be let to
32 the extent necessary to resolve such emergency without public
33 advertisement or competitive bidding. For purposes of this
34 Section, the "emergency contract cap" is a dollar amount
-11- LRB9201390TAtm
1 equal to 0.4% of the greater of: (1) the total general fixed
2 assets of the district as reported in the most recent
3 required audit report or (2) the total insured property value
4 of the district as provided for in the district's insurance
5 policy in effect at the time of the bid solicitation. In no
6 event, however, shall the emergency contract cap dollar
7 amount be less than $40,000, nor more than $400,000. The
8 ordinance or resolution embodying the emergency declaration
9 shall contain the date upon which such emergency will
10 terminate. The board of trustees may extend the termination
11 date if in its judgment the circumstances so require. A full
12 written account of the emergency, together with a requisition
13 for the materials, supplies, labor sr equipment required
14 therefor shall be submitted immediately upon completion and
15 shall be open to public inspection for a period of at least
16 one year subsequent to the date of such emergency purchase.
17 (Source: P.A. 91-547, eff. 8-14-99.)