State of Illinois
91st General Assembly

   [ Search ]   [ Legislation ]
[ Home ]   [ Back ]   [ Bottom ]

[ Introduced ][ Engrossed ][ House Amendment 001 ]
[ Senate Amendment 001 ][ Senate Amendment 002 ]


SB1513 Enrolled                                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 Enrolled            -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 $75,000 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 Enrolled            -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 Enrolled            -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.)

[ Top ]