SB3071 EngrossedLRB098 17880 JLK 53004 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Local Library Act is amended by
5changing Section 5-5 as follows:
 
6    (75 ILCS 5/5-5)  (from Ch. 81, par. 5-5)
7    Sec. 5-5. When the board determines directors determine to
8commence the construction of the building or the remodeling,
9repairing or improving of an existing library building or the
10erection of an addition thereto, the purchase of the necessary
11equipment for such library, or the acquisition of library
12materials such as books, periodicals, recordings and
13electronic data storage and retrieval facilities in connection
14with either the purchase or construction of a new library
15building or the expansion of an existing library building, they
16may then revise the plan therefor or adopt a new plan and
17provide estimates of the costs thereof, and shall, when the
18cost is in excess of $20,000, advertise for bids for the
19construction of the building, or the remodeling, repairing or
20improving of an existing library building or the erection of an
21addition thereto, or the purchase of the necessary equipment
22for such library, or the acquisition of library materials such
23as books, periodicals, recordings and electronic data storage

 

 

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1and retrieval facilities in connection with either the purchase
2or construction of a new library building or the expansion of
3an existing library building, and shall let the contract or
4contracts for the same, when the cost is in excess of $20,000,
5to the lowest responsible bidder or bidders.
6    The board shall not be required to accept a bid that does
7not meet the library's established specifications, terms of
8delivery, quality, and serviceability requirements. Contracts
9which, by their nature, are not adapted to award by competitive
10bidding, are not subject to competitive bidding, including, but
11not limited to:
12        (1) contracts for the services of individuals
13    possessing a high degree of professional skill where the
14    ability or fitness of the individual plays an important
15    part;
16        (2) contracts for the printing of finance committee
17    reports and departmental reports;
18        (3) contracts for the printing or engraving of bonds,
19    tax warrants and other evidences of indebtedness;
20        (4) contracts for the maintenance or servicing of, or
21    provision of repair parts for, equipment which are made
22    with the manufacturer or authorized service agent of that
23    equipment where the provision of parts, maintenance, or
24    servicing can best be performed by the manufacturer or
25    authorized service agent;
26        (5) purchases and contracts for the use, purchase,

 

 

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1    delivery, movement, or installation of data processing
2    equipment, software, or services and telecommunications
3    and interconnect equipment, software, and services;
4        (6) contracts for duplicating machines and supplies;
5        (7) contracts for utility services such as water,
6    light, heat, telephone or telegraph;
7        (8) contracts for goods or services procured from
8    another governmental agency;
9        (9) purchases of equipment previously owned by some
10    entity other than the library itself; and
11        (10) contracts for goods or services which are
12    economically procurable from only one source, such as for
13    the purchase of magazines, books, periodicals, pamphlets,
14    and reports.
15    Contracts for emergency expenditures are also exempt from
16competitive bidding when the emergency expenditure is approved
17by 3/4 of the members of the board.
18    The board shall and may require from such bidders, such
19security for the performance of the bids determined by as the
20board pursuant to law shall determine. The board directors may
21let the contract or contracts to one or more bidders, as they
22shall determine.
23(Source: P.A. 94-435, eff. 8-2-05.)
 
24    Section 10. The Public Library District Act of 1991 is
25amended by changing Section 40-45 as follows:
 

 

 

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1    (75 ILCS 16/40-45)
2    Sec. 40-45. Bids for construction, improvements, or
3equipment purchases.
4    (a) When the trustees determine to commence constructing
5the building, purchasing a site or a building, remodeling,
6repairing, or improving an existing library building, erecting
7an addition to an existing library building, or purchasing the
8necessary equipment for the library, they may then revise the
9plan or adopt a new plan and provide estimates of the costs of
10the revised or new plan.
11    (b) The board shall, when the cost is in excess of $20,000,
12advertise for bids for constructing the building, remodeling,
13repairing, or improving of an existing library building,
14erecting an addition to an existing library building, or
15purchasing the necessary equipment for the library and shall
16let the contract or contracts for the project, when the cost is
17in excess of $20,000, to the lowest responsible bidder or
18bidders. The board shall not be required to accept a bid that
19does not meet the library's established specifications, terms
20of delivery, quality, and serviceability requirements.
21Contracts which, by their nature, are not adapted to award by
22competitive bidding, are not subject to competitive bidding,
23including, but not limited to:
24        (1) contracts for the services of individuals
25    possessing a high degree of professional skill where the

 

 

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1    ability or fitness of the individual plays an important
2    part;
3        (2) contracts for the printing of finance committee
4    reports and departmental reports;
5        (3) contracts for the printing or engraving of bonds,
6    tax warrants and other evidences of indebtedness;
7        (4) contracts for the maintenance or servicing of, or
8    provision of repair parts for, equipment which are made
9    with the manufacturer or authorized service agent of that
10    equipment where the provision of parts, maintenance, or
11    servicing can best be performed by the manufacturer or
12    authorized service agent;
13        (5) purchases and contracts for the use, purchase,
14    delivery, movement, or installation of data processing
15    equipment, software, or services and telecommunications
16    and interconnect equipment, software, and services;
17        (6) contracts for duplicating machines and supplies;
18        (7) contracts for utility services such as water,
19    light, heat, telephone or telegraph;
20        (8) contracts for goods or services procured from
21    another governmental agency;
22        (9) purchases of equipment previously owned by some
23    entity other than the library itself; and
24        (10) contracts for goods or services which are
25    economically procurable from only one source, such as for
26    the purchase of magazines, books, periodicals, pamphlets,

 

 

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1    and reports.
2    Contracts for emergency expenditures are also exempt from
3competitive bidding when the emergency expenditure is approved
4by 3/4 of the members of the board.
5    The board shall require from the bidders security for the
6performance of the bids determined by the board pursuant to
7law. The trustees may let the contract or contracts to one or
8more bidders as they determine.
9(Source: P.A. 94-435, eff. 8-2-05.)