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Public Act 92-0195
SB32 Enrolled LRB9201390TAtm
AN ACT concerning sanitary districts.
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 the mandatory competitive bid
threshold, $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 the mandatory competitive bid threshold $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 that will
not exceed the mandatory competitive bid threshold 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. For purposes of
this Section, the "mandatory competitive bid threshold" is a
dollar amount equal to 0.1% of the total general fixed assets
of the district as reported in the most recent required audit
report. In no event, however, shall the mandatory competitive
bid threshold dollar amount be less than $10,000, nor more
than $40,000.
Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in
excess of the mandatory competitive bid threshold and, if so
required, the advertisement for bids shall so specify.
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 the emergency contract cap $75,000 may be let to
the extent necessary to resolve such emergency without public
advertisement or competitive bidding. For purposes of this
Section, the "emergency contract cap" is a dollar amount
equal to 0.4% of the total general fixed assets of the
district as reported in the most recent required audit
report. In no event, however, shall the emergency contract
cap dollar amount be less than $40,000, nor more than
$100,000. 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. Within 30
days after the passage of the resolution or ordinance
declaring an emergency affecting the public health or safety,
the municipality shall submit to the Illinois Environmental
Protection Agency the full written account of any such
emergency along with a copy of the resolution or ordinance
declaring the emergency, in accordance with requirements as
may be provided by rule.
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.
A contract for any work or other public improvement, to
be paid for in whole or in part by special assessment or
special taxation, 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. 91-921, eff. 1-1-01.)
Section 10. The Sanitary District Act of 1917 is amended
by changing Section 11 as follows:
(70 ILCS 2405/11) (from Ch. 42, par. 310)
Sec. 11. Except as otherwise hereinafter provided, all
contracts for purchases or sales by a sanitary district
organized under this Act, the expense of which will exceed
the mandatory competitive bid threshold, $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 the mandatory competitive
bid threshold $10,000 may, subject to the provisions of this
Section, be let by competitive bidding at the discretion of
the district board of trustees.
Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in
excess of the mandatory competitive bid threshold and, if so
required, the advertisement for bids shall so specify.
All contracts for purchases or sales that will not exceed
the mandatory competitive bid threshold 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. For purposes of this
Section, the "mandatory competitive bid threshold" is a
dollar amount equal to 0.1% of the total general fixed assets
of the district as reported in the most recent required audit
report. In no event, however, shall the mandatory competitive
bid threshold dollar amount be less than $10,000, nor more
than $40,000.
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.
The competitive bidding requirements of this Section do
not apply to contracts for construction of a facility or
structure for the sanitary district when the facility or
structure will be designed, built, and tested before being
conveyed to the sanitary district.
The competitive bidding requirements of this Section do
not apply to contracts, including contracts for both
materials and services incidental thereto, for the repair or
replacement of a sanitary district's treatment plant, sewers,
equipment, or facilities damaged or destroyed as the result
of a sudden or unexpected occurrence, including, but not
limited to, a flood, fire, tornado, earthquake, storm, or
other natural or man-made disaster, if the board of trustees
determines in writing that the awarding of those contracts
without competitive bidding is reasonably necessary for the
sanitary district to maintain compliance with a permit issued
under the National Pollution Discharge Elimination System
(NPDES) or any successor system or with any outstanding order
relating to that compliance issued by the United States
Environmental Protection Agency, the Illinois Environmental
Protection Agency, or the Illinois Pollution Control Board.
The authority to issue contracts without competitive bidding
pursuant to this paragraph expires 6 months after the date of
the writing determining that the awarding of contracts
without competitive bidding is reasonably necessary.
Where the board of trustees declares, by a 2/3 vote of
all members of the board, that there exists an emergency
affecting the public health or safety, contracts totaling not
more than the emergency contract cap $40,000 may be let to
the extent necessary to resolve such emergency without public
advertisement or competitive bidding. For purposes of this
Section, the "emergency contract cap" is a dollar amount
equal to 0.4% of the total general fixed assets of the
district as reported in the most recent required audit
report. In no event, however, shall the emergency contract
cap dollar amount be less than $40,000, nor more than
$100,000. The ordinance or resolution embodying the emergency
declaration shall contain the date upon which such emergency
will terminate. The board of trustees may extend the
termination date if in its judgment the circumstances so
require. A full written account of the 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. Within 30 days after the passage of the
resolution or ordinance declaring an emergency affecting the
public health or safety, the District shall submit to the
Illinois Environmental Protection Agency the full written
account of any such emergency along with a copy of the
resolution or ordinance declaring the emergency, in
accordance with requirements as may be provided by rule.
A contract for any work or other public improvement, to
be paid for in whole or in part by special assessment or
special taxation, In all other respects such contract shall
be entered into and the performance thereof controlled by
Division 2 of Article 9 of the "Illinois Municipal Code",
approved May 29, 1961, as heretofore and hereafter amended,
as near as may be. The contracts may be let for making proper
and suitable connections between the mains and outlets of the
respective sewers in the district with any conduit, conduits,
main pipe or pipes that may be constructed by such sanitary
district.
(Source: P.A. 88-542, eff. 5-27-94; 88-572, eff. 8-11-94;
89-235, eff. 8-4-95; 89-558, eff. 7-26-96.)
Section 15. The Sanitary District Act of 1936 is amended
by changing Section 14 as follows:
(70 ILCS 2805/14) (from Ch. 42, par. 425)
Sec. 14. Except as otherwise provided in this Section,
all contracts for purchases or sales by the sanitary
district, the expense of which will exceed the mandatory
competitive bid threshold, $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 daily or weekly newspaper published in the district or,
if there is no newspaper published in the district, in a
newspaper published in the county and having general
circulation in the district, and the board may reject any and
all bids, and readvertise. Contracts for services in excess
of the mandatory competitive bid threshold $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 that will
not exceed the mandatory competitive bid threshold 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. For purposes of
this Section, the "mandatory competitive bid threshold" is a
dollar amount equal to 0.1% of the total general fixed assets
of the district as reported in the most recent required audit
report. In no event, however, shall the mandatory competitive
bid threshold dollar amount be less than $10,000, nor more
than $40,000.
Cash, a cashier's check, a certified check, or a bid bond
with adequate surety approved by the board of trustees as a
deposit of good faith, in a reasonable amount, but not in
excess of 10% of the contract amount, may be required of each
bidder by the district on all bids involving amounts in
excess of the mandatory competitive bid threshold and, if so
required, the advertisement for bids shall so specify.
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 the Public Funds Investment Act,
contracts for the purchase or sale of utilities, contracts
for materials economically procurable only from a single
source of supply and leases of real property where the
sanitary district is the lessee shall not be subject to the
competitive bidding requirements of this Section.
Where the board of trustees declares, by a 2/3 vote of
all members of the board, that there exists an emergency
affecting the public health or safety, contracts totaling not
more than the emergency contract cap $40,000 may be let to
the extent necessary to resolve such emergency without public
advertisement or competitive bidding. For purposes of this
Section, the "emergency contract cap" is a dollar amount
equal to 0.4% of the total general fixed assets of the
district as reported in the most recent required audit
report. In no event, however, shall the emergency contract
cap dollar amount be less than $40,000, nor more than
$100,000. The ordinance or resolution embodying the emergency
declaration shall contain the date upon which such emergency
will terminate. The board of trustees may extend the
termination date if in its judgment the circumstances so
require. A full written account of the 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. Within 30 days after the passage of the
resolution or ordinance declaring an emergency affecting the
public health or safety, the District shall submit to the
Illinois Environmental Protection Agency the full written
account of any such emergency along with a copy of the
resolution or ordinance declaring the emergency, in
accordance with requirements as may be provided by rule.
(Source: P.A. 91-547, eff. 8-14-99.)
Section 20. The Metropolitan Water Reclamation District
Act is amended by changing Sections 11.3, 11.6, 11.7, 11.10,
and 11.13 as follows:
(70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
Sec. 11.3. Except as provided in Sections 11.4 and 11.5,
all purchase orders or contracts involving amounts in excess
of the mandatory competitive bid threshold $10,000 and made
by or on behalf of the sanitary district for labor, services
or work, the purchase, lease or sale of personal property,
materials, equipment or supplies, or the granting of any
concession, shall be let by free and open competitive bidding
after advertisement, to the lowest responsible bidder or to
the highest responsible bidder, as the case may be, depending
upon whether the sanitary district is to expend or receive
money.
All such purchase orders or contracts which shall involve
amounts that will not exceed the mandatory competitive bid
threshold of $10,000 or less, shall also be let in the manner
prescribed above whenever practicable, except that after
solicitation of bids, such purchase orders or contracts may
be let in the open market, in a manner calculated to insure
the best interests of the public. The provisions of this
section are subject to any contrary provisions contained in
"An Act concerning the use of Illinois mined coal in certain
plants and institutions", filed July 13, 1937, as heretofore
and hereafter amended. For purposes of this Section, the
"mandatory competitive bid threshold" is a dollar amount
equal to 0.1% of the total general fixed assets of the
district as reported in the most recent required audit
report. In no event, however, shall the mandatory
competitive bid threshold dollar amount be less than $10,000
or more than $40,000.
Notwithstanding the provisions of this Section, the
sanitary district is expressly authorized to establish such
procedures as it deems appropriate to comply with state or
federal regulations as to affirmative action and the
utilization of small and minority businesses in construction
and procurement contracts.
(Source: P.A. 83-835.)
(70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
Sec. 11.6. The head of each department shall notify the
purchasing agent of those officers and employees authorized
to sign requests for purchases. Requests for purchases shall
be void unless executed by an authorized officer or employee
and approved by the purchasing agent. Requests for purchases
may be executed, approved and signed manually or
electronically.
Officials and employees making requests for purchases
shall not split or otherwise partition for the purpose of
evading the competitive bidding requirements of this Act, any
undertaking involving amounts in excess of the mandatory
competitive bid threshold $10,000.
(Source: P.A. 87-1125.)
(70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
Sec. 11.7. All proposals to award purchase orders or
contracts involving amounts in excess of the mandatory
competitive bid threshold $10,000 shall be published at least
12 calendar days in advance of the date announced for the
receiving of bids, in a secular English language newspaper of
general circulation in said sanitary district and shall be
posted simultaneously on readily accessible bulletin boards
in the principal office of the sanitary district. Nothing
contained in this section shall be construed to prohibit the
placing of additional advertisements in recognized trade
journals. Advertisements for bids shall describe the
character of the proposed contract or agreement in sufficient
detail either in the advertisement itself or by reference to
plans, specifications or other detail on file at the time of
publication of the first announcement, to enable the bidders
to know what their obligation will be. The advertisement
shall also state the date, time and place assigned for the
opening of bids. No bids shall be received at any time
subsequent to the time indicated in the announcement;
however, an extension of time may be granted for the opening
of such bids upon publication in the same newspaper of
general circulation in said sanitary district stating the
date to which bid opening has been extended. The time of the
extended bid opening shall not be less than 5 days after
publication, Sundays and legal holidays excluded.
Cash, cashier's check or a certified check payable to the
clerk and drawn upon a bank, as a deposit of good faith, in a
reasonable amount not in excess of 10% of the contract
amount, may be required of each bidder by the purchasing
agent on all bids involving amounts in excess of the
mandatory competitive bid threshold $10,000. If a deposit is
required, the advertisement for bids shall so specify.
Instead of a deposit, the purchasing agent may allow the use
of a bid bond if the bond is issued by a surety company that
is listed in the Federal Register and is authorized to do
business in the State of Illinois.
(Source: P.A. 89-89, eff. 6-30-95.)
(70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
Sec. 11.10. Every contract or purchase order involving
amounts in excess of the mandatory competitive bid threshold
$10,000 shall be signed by the president or other duly
authorized officer of the board of commissioners, by the
general superintendent, by the clerk and by the purchasing
agent. Each bid with the name of the bidder shall be entered
upon a record which shall be open to public inspection in the
office of the purchasing agent. After the award is made, the
bids shall be entered in the official records of the board of
commissioners.
All purchase orders or contracts involving amounts that
will not exceed the mandatory competitive bid threshold of
$10,000 or less shall be let by the purchasing agent. They
shall be signed by the purchasing agent and the clerk. All
records pertaining to such awards shall be open to public
inspection for a period of at least one year subsequent to
the date of the award.
An official copy of each awarded purchase order or
contract together with all necessary attachments thereto,
including assignments and written consent of the purchasing
agent shall be retained by the purchasing agent in an
appropriate file open to the public for such period of time
after termination of contract during which action against the
municipality might ensue under applicable laws of limitation.
Certified copies of all completed contracts and purchase
orders shall be filed with the clerk. After the appropriate
period, purchase orders, contracts and attachments in the
clerk's possession may be destroyed by direction of the
purchasing agent.
The provisions of this Act are not applicable to joint
purchases of personal property, supplies and services made by
governmental units in accordance with Sections 1 through 5 of
"An Act authorizing certain governmental units to purchase
personal property, supplies and services jointly," approved
August 15, 1961.
(Source: P.A. 83-835.)
(70 ILCS 2605/11.13) (from Ch. 42, par. 331.13)
Sec. 11.13. Bond, with sufficient sureties, in such
amount as shall be deemed adequate by the purchasing agent
not only to insure performance of the contract in the time
and manner specified in said contract but also to save,
indemnify and keep harmless the sanitary district against all
liabilities, judgments, costs and expenses which may in
anywise accrue against said sanitary district in consequence
of the granting of the contract or execution thereof shall be
required for all contracts relative to construction,
rehabilitation or repair of any of the works of the sanitary
district and may be required of each bidder upon all other
contracts in excess of the mandatory competitive bid
threshold $10,000 when, in the opinion of the purchasing
agent, the public interest will be better served thereby.
In accordance with the provisions of "An Act in relation
to bonds of contractors entering into contracts for public
construction", approved June 20, 1931, as amended, all
contracts for construction work, to which the sanitary
district is a party, shall require that the contractor
furnish bond guaranteeing payment for materials and labor
utilized in the contract.
(Source: P.A. 83-835.)
Passed in the General Assembly May 09, 2001.
Approved August 01, 2001.
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