State of Illinois
91st General Assembly
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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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