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Public Act 91-0921
SB1513 Enrolled LRB9112642MWpc
AN ACT to amend the North Shore Sanitary District Act by
changing Section 11.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The North Shore Sanitary District Act is
amended by changing Section 11 as follows:
(70 ILCS 2305/11) (from Ch. 42, par. 287)
Sec. 11. Except as otherwise provided in this Section,
all contracts for purchases or sales by the municipality, the
expense of which will exceed $10,000, 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 $10,000 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 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.
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.
In the case of an emergency affecting the public health
or safety so declared by the Board of Trustees of the
municipality at a meeting thereof duly convened, which
declaration shall require the affirmative vote of four of the
five Trustees elected, and shall set forth the nature of the
danger to the public health or safety, contracts totaling not
more than $40,000 $75,000 may be let to the extent necessary
to resolve such emergency without public advertisement or
competitive bidding. The Resolution or Ordinance in which
such declaration is embodied shall fix the date upon which
such emergency shall terminate which date may be extended or
abridged by the Board of Trustees as in their judgment the
circumstances require. A full written account of any such
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.
To address operating emergencies not affecting the public
health or safety, the Board of Trustees shall authorize, in
writing, officials or employees of the sanitary district to
purchase in the open market and without advertisement any
supplies, materials, equipment, or services for immediate
delivery to meet the bona fide operating emergency, without
filing a requisition or estimate therefor, in an amount not
in excess of $40,000; provided that the Board of Trustees
must be notified of the operating emergency. A full, written
account of each operating emergency and a requisition for the
materials, supplies, equipment, and services required to meet
the operating emergency must be immediately submitted by the
officials or employees authorized to make purchases to the
Board of Trustees. The account must be available for public
inspection for a period of at least one year after the date
of the operating emergency purchase. The exercise of
authority with respect to purchases for a bona fide operating
emergency is not dependent on a declaration of an operating
emergency by the Board of Trustees.
No Trustee shall be interested, directly or indirectly,
in any contract, work or business of the municipality, or in
the sale of any article, whenever the expense, price or
consideration of the contract work, business or sale is paid
either from the treasury or by any assessment levied by any
Statute or Ordinance. No Trustee shall be interested,
directly or indirectly, in the purchase of any property which
(1) belongs to the municipality, or (2) is sold for taxes or
assessments of the municipality, or (3) is sold by virtue of
legal process in the suit of the municipality.
In all other respects such contracts shall be entered
into and the performance thereof controlled by the provisions
of Division 2 of Article 9 of the "Illinois Municipal Code",
approved May 29, 1961, as heretofore or hereafter amended, as
near as may be. However, contracts may be let for making
proper and suitable connections between the mains and outlets
of the respective sanitary sewers in the district with any
conduit, conduits, main pipe or pipes that may be constructed
by such sanitary district.
(Source: P.A. 88-572, eff. 8-11-94.)
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