SB2817 EnrolledLRB100 17561 AWJ 32731 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 10. The Sanitary District Act of 1917 is amended by
5changing Section 11 as follows:
 
6    (70 ILCS 2405/11)  (from Ch. 42, par. 310)
7    Sec. 11. Except as otherwise hereinafter provided, all
8contracts for purchases or sales by a sanitary district
9organized under this Act, the expense of which will exceed the
10mandatory competitive bid threshold, shall be let to the lowest
11responsible bidder therefor upon not less than 14 days' public
12notice of the terms and conditions upon which the contract is
13to be let, having been given by publication in a newspaper of
14general circulation published in the district, and the board
15may reject any and all bids, and readvertise. In determining
16the lowest responsible bidder, the board shall take into
17consideration the qualities and serviceability of the articles
18supplied, their conformity with specifications, their
19suitability to the requirements of the district, the
20availability of support services, the uniqueness of the
21service, materials, equipment, or supplies as it applies to
22network integrated computer systems, the compatibility of the
23service, materials, equipment or supplies with existing

 

 

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1equipment, and the delivery terms. Contracts for services in
2excess of the mandatory competitive bid threshold may, subject
3to the provisions of this Section, be let by competitive
4bidding at the discretion of the district board of trustees.
5    Cash, a cashier's check, a certified check, or a bid bond
6with adequate surety approved by the board of trustees as a
7deposit of good faith, in a reasonable amount, but not in
8excess of 10% of the contract amount, may be required of each
9bidder by the district on all bids involving amounts in excess
10of the mandatory competitive bid threshold and, if so required,
11the advertisement for bids shall so specify.
12    All contracts for purchases or sales that will not exceed
13the mandatory competitive bid threshold may be made in the open
14market without publication in a newspaper as above provided,
15but whenever practical shall be based on at least 3 competitive
16bids. For purposes of this Section, the "mandatory competitive
17bid threshold" is a dollar amount equal to 0.1% of the total
18general fixed assets of the district as reported in the most
19recent required audit report. In no event, however, shall the
20mandatory competitive bid threshold dollar amount be less than
21$10,000, nor more than $40,000.
22    If a unit of local government performs non-emergency
23construction, alteration, repair, improvement, or maintenance
24work on the public way, the sanitary district may enter into an
25intergovernmental agreement with the unit of local government
26allowing similar construction work to be performed by the

 

 

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1sanitary district on the same project, in an amount no greater
2than $100,000, to save taxpayer funds and eliminate duplication
3of government effort. The sanitary district and the other unit
4of local government shall, before work is performed by either
5unit of local government on a project, adopt a resolution by a
6majority vote of both governing bodies certifying work will
7occur at a specific location, the reasons why both units of
8local government require work to be performed in the same
9location, and the projected cost savings if work is performed
10by both units of local government on the same project.
11Officials or employees of the sanitary district may, if
12authorized by resolution, purchase in the open market any
13supplies, materials, equipment, or services for use within the
14project in an amount no greater than $100,000 without
15advertisement or without filing a requisition or estimate. A
16full written account of each project performed by the sanitary
17district and a requisition for the materials, supplies,
18equipment, and services used by the sanitary district required
19to complete the project must be submitted by the officials or
20employees authorized to make purchases to the board of trustees
21of the sanitary district no later than 30 days after purchase.
22The full written account must be available for public
23inspection for at least one year after expenditures are made.
24    Contracts which by their nature are not adapted to award by
25competitive bidding, including, without limitation, contracts
26for the services of individuals, groups or firms possessing a

 

 

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1high degree of professional skill where the ability or fitness
2of the individual or organization plays an important part,
3contracts for financial management services undertaken
4pursuant to "An Act relating to certain investments of public
5funds by public agencies", approved July 23, 1943, as now or
6hereafter amended, contracts for the purchase or sale of
7utilities, contracts for materials economically procurable
8only from a single source of supply, contracts for the use,
9purchase, delivery, movement, or installation of data
10processing equipment, software, or services and
11telecommunications and interconnect equipment, software, or
12services, contracts for duplicating machines and supplies,
13contracts for goods or services procured from another
14governmental agency, purchases of equipment previously owned
15by an entity other than the district itself, and leases of real
16property where the sanitary district is the lessee shall not be
17subject to the competitive bidding requirements of this
18Section.
19    The competitive bidding requirements of this Section do not
20apply to contracts for construction of a facility or structure
21for the sanitary district when the facility or structure will
22be designed, built, and tested before being conveyed to the
23sanitary district.
24    The competitive bidding requirements of this Section do not
25apply to contracts, including contracts for both materials and
26services incidental thereto, for the repair or replacement of a

 

 

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1sanitary district's treatment plant, sewers, equipment, or
2facilities damaged or destroyed as the result of a sudden or
3unexpected occurrence, including, but not limited to, a flood,
4fire, tornado, earthquake, storm, or other natural or man-made
5disaster, if the board of trustees determines in writing that
6the awarding of those contracts without competitive bidding is
7reasonably necessary for the sanitary district to maintain
8compliance with a permit issued under the National Pollution
9Discharge Elimination System (NPDES) or any successor system or
10with any outstanding order relating to that compliance issued
11by the United States Environmental Protection Agency, the
12Illinois Environmental Protection Agency, or the Illinois
13Pollution Control Board. The authority to issue contracts
14without competitive bidding pursuant to this paragraph expires
156 months after the date of the writing determining that the
16awarding of contracts without competitive bidding is
17reasonably necessary.
18    Where the board of trustees declares, by a 2/3 vote of all
19members of the board, that there exists an emergency affecting
20the public health or safety, contracts totaling not more than
21the emergency contract cap may be let to the extent necessary
22to resolve such emergency without public advertisement or
23competitive bidding. For purposes of this Section, the
24"emergency contract cap" is a dollar amount equal to 0.4% of
25the total general fixed assets of the district as reported in
26the most recent required audit report. In no event, however,

 

 

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1shall the emergency contract cap dollar amount be less than
2$40,000, nor more than $100,000. The ordinance or resolution
3embodying the emergency declaration shall contain the date upon
4which such emergency will terminate. The board of trustees may
5extend the termination date if in its judgment the
6circumstances so require. A full written account of the
7emergency, together with a requisition for the materials,
8supplies, labor or equipment required therefor shall be
9submitted immediately upon completion and shall be open to
10public inspection for a period of at least one year subsequent
11to the date of such emergency purchase. Within 30 days after
12the passage of the resolution or ordinance declaring an
13emergency affecting the public health or safety, the District
14shall submit to the Illinois Environmental Protection Agency
15the full written account of any such emergency along with a
16copy of the resolution or ordinance declaring the emergency, in
17accordance with requirements as may be provided by rule.
18    A contract for any work or other public improvement, to be
19paid for in whole or in part by special assessment or special
20taxation, shall be entered into and the performance thereof
21controlled by Division 2 of Article 9 of the "Illinois
22Municipal Code", approved May 29, 1961, as heretofore and
23hereafter amended, as near as may be. The contracts may be let
24for making proper and suitable connections between the mains
25and outlets of the respective sewers in the district with any
26conduit, conduits, main pipe or pipes that may be constructed

 

 

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1by such sanitary district.
2(Source: P.A. 92-195, eff. 1-1-02.)
 
3    Section 15. The Metropolitan Water Reclamation District
4Act is amended by changing Section 11.3 as follows:
 
5    (70 ILCS 2605/11.3)  (from Ch. 42, par. 331.3)
6    Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
7all purchase orders or contracts involving amounts in excess of
8the mandatory competitive bid threshold and made by or on
9behalf of the sanitary district for labor, services or work,
10the purchase, lease or sale of personal property, materials,
11equipment or supplies, or the granting of any concession, shall
12be let by free and open competitive bidding after
13advertisement, to the lowest responsible bidder or to the
14highest responsible bidder, as the case may be, depending upon
15whether the sanitary district is to expend or receive money.
16    All such purchase orders or contracts which shall involve
17amounts that will not exceed the mandatory competitive bid
18threshold, shall also be let in the manner prescribed above
19whenever practicable, except that after solicitation of bids,
20such purchase orders or contracts may be let in the open
21market, in a manner calculated to insure the best interests of
22the public. The provisions of this section are subject to any
23contrary provisions contained in "An Act concerning the use of
24Illinois mined coal in certain plants and institutions", filed

 

 

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1July 13, 1937, as heretofore and hereafter amended. For
2purposes of this Section, the "mandatory competitive bid
3threshold" is a dollar amount equal to 0.1% of the total
4general fixed assets of the district as reported in the most
5recent required audit report. In no event, however, shall the
6mandatory competitive bid threshold dollar amount be less than
7$10,000 or more than $40,000.
8    If a unit of local government performs non-emergency
9construction, alteration, repair, improvement, or maintenance
10work on the public way, the sanitary district may enter into an
11intergovernmental agreement with the unit of local government
12allowing similar construction work to be performed by the
13sanitary district on the same project, in an amount no greater
14than $100,000, to save taxpayer funds and eliminate duplication
15of government effort. The sanitary district and the other unit
16of local government shall, before work is performed by either
17unit of local government on a project, adopt a resolution by a
18majority vote of both governing bodies certifying work will
19occur at a specific location, the reasons why both units of
20local government require work to be performed in the same
21location, and the projected cost savings if work is performed
22by both units of local government on the same project.
23Officials or employees of the sanitary district may, if
24authorized by resolution, purchase in the open market any
25supplies, materials, equipment, or services for use within the
26project in an amount no greater than $100,000 without

 

 

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1advertisement or without filing a requisition or estimate. A
2full written account of each project performed by the sanitary
3district and a requisition for the materials, supplies,
4equipment, and services used by the sanitary district required
5to complete the project must be submitted by the officials or
6employees authorized to make purchases to the board of trustees
7of the sanitary district no later than 30 days after purchase.
8The full written account must be available for public
9inspection for at least one year after expenditures are made.
10    Notwithstanding the provisions of this Section, the
11sanitary district is expressly authorized to establish such
12procedures as it deems appropriate to comply with state or
13federal regulations as to affirmative action and the
14utilization of small and minority businesses in construction
15and procurement contracts.
16(Source: P.A. 92-195, eff. 1-1-02.)
 
17    Section 20. The Sanitary District Act of 1936 is amended by
18changing Section 14 as follows:
 
19    (70 ILCS 2805/14)  (from Ch. 42, par. 425)
20    Sec. 14. Except as otherwise provided in this Section, all
21contracts for purchases or sales by the sanitary district, the
22expense of which will exceed the mandatory competitive bid
23threshold, shall be let to the lowest responsible bidder
24therefor upon not less than 14 days' public notice of the terms

 

 

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1and conditions upon which the contract is to be let, having
2been given by publication in a daily or weekly newspaper
3published in the district or, if there is no newspaper
4published in the district, in a newspaper published in the
5county and having general circulation in the district, and the
6board may reject any and all bids, and readvertise. Contracts
7for services in excess of the mandatory competitive bid
8threshold may, subject to the provisions of this Section, be
9let by competitive bidding at the discretion of the district
10board of trustees. All contracts for purchases or sales that
11will not exceed the mandatory competitive bid threshold may be
12made in the open market without publication in a newspaper as
13above provided, but whenever practical shall be based on at
14least 3 competitive bids. For purposes of this Section, the
15"mandatory competitive bid threshold" is a dollar amount equal
16to 0.1% of the total general fixed assets of the district as
17reported in the most recent required audit report. In no event,
18however, shall the mandatory competitive bid threshold dollar
19amount be less than $10,000, nor more than $40,000.
20    If a unit of local government performs non-emergency
21construction, alteration, repair, improvement, or maintenance
22work on the public way, the sanitary district may enter into an
23intergovernmental agreement with the unit of local government
24allowing similar construction work to be performed by the
25sanitary district on the same project, in an amount no greater
26than $100,000, to save taxpayer funds and eliminate duplication

 

 

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1of government effort. The sanitary district and the other unit
2of local government shall, before work is performed by either
3unit of local government on a project, adopt a resolution by a
4majority vote of both governing bodies certifying work will
5occur at a specific location, the reasons why both units of
6local government require work to be performed in the same
7location, and the projected cost savings if work is performed
8by both units of local government on the same project.
9Officials or employees of the sanitary district may, if
10authorized by resolution, purchase in the open market any
11supplies, materials, equipment, or services for use within the
12project in an amount no greater than $100,000 without
13advertisement or without filing a requisition or estimate. A
14full written account of each project performed by the sanitary
15district and a requisition for the materials, supplies,
16equipment, and services used by the sanitary district required
17to complete the project must be submitted by the officials or
18employees authorized to make purchases to the board of trustees
19of the sanitary district no later than 30 days after purchase.
20The full written account must be available for public
21inspection for at least one year after expenditures are made.
22    Cash, a cashier's check, a certified check, or a bid bond
23with adequate surety approved by the board of trustees as a
24deposit of good faith, in a reasonable amount, but not in
25excess of 10% of the contract amount, may be required of each
26bidder by the district on all bids involving amounts in excess

 

 

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1of the mandatory competitive bid threshold and, if so required,
2the advertisement for bids shall so specify.
3    Contracts which by their nature are not adapted to award by
4competitive bidding, including, without limitation, contracts
5for the services of individuals, groups or firms possessing a
6high degree of professional skill where the ability or fitness
7of the individual or organization plays an important part,
8contracts for financial management services undertaken
9pursuant to the Public Funds Investment Act, contracts for the
10purchase or sale of utilities, contracts for materials
11economically procurable only from a single source of supply and
12leases of real property where the sanitary district is the
13lessee shall not be subject to the competitive bidding
14requirements of this Section.
15    Where the board of trustees declares, by a 2/3 vote of all
16members of the board, that there exists an emergency affecting
17the public health or safety, contracts totaling not more than
18the emergency contract cap may be let to the extent necessary
19to resolve such emergency without public advertisement or
20competitive bidding. For purposes of this Section, the
21"emergency contract cap" is a dollar amount equal to 0.4% of
22the total general fixed assets of the district as reported in
23the most recent required audit report. In no event, however,
24shall the emergency contract cap dollar amount be less than
25$40,000, nor more than $100,000. The ordinance or resolution
26embodying the emergency declaration shall contain the date upon

 

 

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1which such emergency will terminate. The board of trustees may
2extend the termination date if in its judgment the
3circumstances so require. A full written account of the
4emergency, together with a requisition for the materials,
5supplies, labor or equipment required therefor shall be
6submitted immediately upon completion and shall be open to
7public inspection for a period of at least one year subsequent
8to the date of such emergency purchase. Within 30 days after
9the passage of the resolution or ordinance declaring an
10emergency affecting the public health or safety, the District
11shall submit to the Illinois Environmental Protection Agency
12the full written account of any such emergency along with a
13copy of the resolution or ordinance declaring the emergency, in
14accordance with requirements as may be provided by rule.
15(Source: P.A. 91-547, eff. 8-14-99; 92-195, eff. 1-1-02.)
 
16    Section 25. The Metro-East Sanitary District Act of 1974 is
17amended by changing Section 5-4 as follows:
 
18    (70 ILCS 2905/5-4)  (from Ch. 42, par. 505-4)
19    Sec. 5-4. All contracts for work to be done and supplies
20and materials to be purchased by the sanitary district, the
21expense of which will exceed $10,000, shall be let to the
22lowest responsible bidder therefor, upon not less than 21 days
23public notice of the terms and conditions upon which the
24contract is to be let, having been given by publication in a

 

 

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1newspaper of general circulation published in the district, and
2the board may reject any and all bids and readvertise. All
3purchases or sales of $10,000 or less may be made in the open
4market without publication in a newspaper as above provided,
5but whenever practical shall be based on at least 3 competitive
6bids. No person may be employed on the work except citizens of
7the United States, or those who in good faith have declared
8their intention to become citizens, and 8 hours constitutes a
9day's work.
10    If a unit of local government performs non-emergency
11construction, alteration, repair, improvement, or maintenance
12work on the public way, the sanitary district may enter into an
13intergovernmental agreement with the unit of local government
14allowing similar construction work to be performed by the
15sanitary district on the same project, in an amount no greater
16than $100,000, to save taxpayer funds and eliminate duplication
17of government effort. The sanitary district and the other unit
18of local government shall, before work is performed by either
19unit of local government on a project, adopt a resolution by a
20majority vote of both governing bodies certifying work will
21occur at a specific location, the reasons why both units of
22local government require work to be performed in the same
23location, and the projected cost savings if work is performed
24by both units of local government on the same project.
25Officials or employees of the sanitary district may, if
26authorized by resolution, purchase in the open market any

 

 

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1supplies, materials, equipment, or services for use within the
2project in an amount no greater than $100,000 without
3advertisement or without filing a requisition or estimate. A
4full written account of each project performed by the sanitary
5district and a requisition for the materials, supplies,
6equipment, and services used by the sanitary district required
7to complete the project must be submitted by the officials or
8employees authorized to make purchases to the board of trustees
9of the sanitary district no later than 30 days after purchase.
10The full written account must be available for public
11inspection for at least one year after expenditures are made.
12(Source: P.A. 94-445, eff. 1-1-06.)
 
13    Section 99. Effective date. This Act takes effect upon
14becoming law.