Full Text of SB2817 100th General Assembly
SB2817enr 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 10. The Sanitary District Act of 1917 is amended by | 5 | | changing Section 11 as follows:
| 6 | | (70 ILCS 2405/11) (from Ch. 42, par. 310)
| 7 | | Sec. 11.
Except as otherwise hereinafter provided, all | 8 | | contracts for
purchases or sales by a sanitary district | 9 | | organized under this Act, the expense
of which will exceed
the | 10 | | mandatory competitive bid threshold, shall be let to the
lowest | 11 | | responsible bidder therefor upon not
less than 14 days' public | 12 | | notice of the terms and conditions upon which the
contract is | 13 | | to be let, having been given by publication in a newspaper of
| 14 | | general circulation published in the district, and the board | 15 | | may reject any
and all bids, and readvertise.
In determining | 16 | | the lowest responsible bidder, the board shall take into
| 17 | | consideration the qualities and serviceability of the articles | 18 | | supplied, their
conformity with specifications, their | 19 | | suitability to the requirements of the
district, the | 20 | | availability of support services, the uniqueness of the | 21 | | service,
materials, equipment, or supplies as it applies to | 22 | | network integrated computer
systems, the compatibility of the | 23 | | service, materials, equipment or supplies
with existing |
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| 1 | | equipment, and the delivery terms. Contracts for services in
| 2 | | excess of the mandatory competitive bid threshold may, subject
| 3 | | to the provisions of this Section, be let by
competitive | 4 | | bidding at the discretion of the district board of trustees.
| 5 | | Cash, a cashier's check, a certified check, or a bid bond | 6 | | with adequate
surety
approved by the board of trustees as a | 7 | | deposit of good faith, in a reasonable
amount, but not in | 8 | | excess of 10% of the contract amount, may be required of
each | 9 | | bidder by the district on all bids involving amounts in excess | 10 | | of
the
mandatory competitive bid threshold and, if so required, | 11 | | the advertisement for
bids shall so specify.
| 12 | | All contracts for purchases or sales that will not exceed | 13 | | the mandatory
competitive bid threshold may be made
in the open | 14 | | market without publication in a newspaper as above provided,
| 15 | | but whenever practical shall be based on at least 3 competitive | 16 | | bids. For
purposes of this Section, the "mandatory competitive | 17 | | bid threshold"
is a dollar amount equal to 0.1% of the total | 18 | | general fixed
assets of the district as reported in the most | 19 | | recent required audit report.
In
no event, however, shall the | 20 | | mandatory 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 | 23 | | construction, alteration, repair, improvement, or maintenance | 24 | | work on the public way, the sanitary district may enter into an | 25 | | intergovernmental agreement with the unit of local government | 26 | | allowing similar construction work to be performed by the |
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| 1 | | sanitary district on the same project, in an amount no greater | 2 | | than $100,000, to save taxpayer funds and eliminate duplication | 3 | | of government effort. The sanitary district and the other unit | 4 | | of local government shall, before work is performed by either | 5 | | unit of local government on a project, adopt a resolution by a | 6 | | majority vote of both governing bodies certifying work will | 7 | | occur at a specific location, the reasons why both units of | 8 | | local government require work to be performed in the same | 9 | | location, and the projected cost savings if work is performed | 10 | | by both units of local government on the same project. | 11 | | Officials or employees of the sanitary district may, if | 12 | | authorized by resolution, purchase in the open market any | 13 | | supplies, materials, equipment, or services for use within the | 14 | | project in an amount no greater than $100,000 without | 15 | | advertisement or without filing a requisition or estimate. A | 16 | | full written account of each project performed by the sanitary | 17 | | district and a requisition for the materials, supplies, | 18 | | equipment, and services used by the sanitary district required | 19 | | to complete the project must be submitted by the officials or | 20 | | employees authorized to make purchases to the board of trustees | 21 | | of the sanitary district no later than 30 days after purchase. | 22 | | The full written account must be available for public | 23 | | inspection for at least one year after expenditures are made. | 24 | | Contracts which by their nature are not adapted to award by | 25 | | competitive
bidding, including, without limitation, contracts | 26 | | for the services of
individuals, groups or firms possessing a |
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| 1 | | high degree of professional skill
where the ability or fitness | 2 | | of the individual or organization plays an
important part, | 3 | | contracts for financial management services undertaken
| 4 | | pursuant to "An Act relating to certain investments of public | 5 | | funds by
public agencies", approved July 23, 1943, as now or | 6 | | hereafter amended,
contracts for the purchase or sale of | 7 | | utilities, contracts for materials
economically procurable | 8 | | only from a single source of supply, contracts for
the use, | 9 | | purchase, delivery, movement, or installation of
data | 10 | | processing equipment, software, or services and | 11 | | telecommunications and
interconnect equipment, software, or | 12 | | services, contracts for duplicating
machines and supplies, | 13 | | contracts for goods or services procured from another
| 14 | | governmental agency, purchases of equipment previously owned | 15 | | by an entity
other than the district itself, and leases of
real | 16 | | property where the sanitary district is the lessee shall not be
| 17 | | subject to the competitive bidding requirements of this | 18 | | Section.
| 19 | | The competitive bidding requirements of this Section do not | 20 | | apply to
contracts for construction of a facility or structure | 21 | | for the sanitary district
when the facility or structure will | 22 | | be designed, built, and tested before being
conveyed to the | 23 | | sanitary district.
| 24 | | The competitive bidding requirements of this Section do not | 25 | | apply to
contracts, including contracts for both materials and | 26 | | services incidental
thereto, for the repair or replacement of a |
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| 1 | | sanitary district's treatment
plant, sewers, equipment, or | 2 | | facilities damaged or destroyed as the result of a
sudden or | 3 | | unexpected occurrence, including, but not limited to, a flood, | 4 | | fire,
tornado, earthquake, storm, or other natural or man-made | 5 | | disaster, if the
board of trustees determines in writing that | 6 | | the awarding of those contracts
without competitive bidding is | 7 | | reasonably necessary for the sanitary district
to maintain | 8 | | compliance with a permit issued under the National Pollution
| 9 | | Discharge Elimination System (NPDES) or any successor system or | 10 | | with any
outstanding order relating to that compliance issued | 11 | | by the United States
Environmental Protection Agency, the | 12 | | Illinois Environmental Protection Agency,
or the Illinois | 13 | | Pollution Control Board. The authority to issue contracts
| 14 | | without competitive bidding pursuant to this paragraph expires | 15 | | 6 months after
the date of the writing determining that the | 16 | | awarding of contracts without
competitive bidding is | 17 | | reasonably necessary.
| 18 | | Where the board of trustees declares, by a 2/3 vote of all | 19 | | members of the
board, that there exists an emergency affecting | 20 | | the public health or safety,
contracts totaling not more than | 21 | | the emergency contract cap may
be let to the extent necessary | 22 | | to
resolve such emergency without public advertisement or | 23 | | competitive bidding.
For purposes of this Section, the | 24 | | "emergency contract cap" is a dollar
amount equal to 0.4% of | 25 | | the total general fixed assets of
the
district as reported in | 26 | | the most recent required audit report.
In no event,
however, |
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| 1 | | shall the emergency contract cap dollar amount be less than | 2 | | $40,000,
nor more than $100,000.
The ordinance or resolution | 3 | | embodying the
emergency declaration shall contain the date upon | 4 | | which such emergency will
terminate. The board of trustees may | 5 | | extend the termination
date if in its judgment the | 6 | | circumstances so require. A full written account
of the | 7 | | emergency, together with a requisition for the materials, | 8 | | supplies,
labor or equipment required therefor shall be | 9 | | submitted immediately upon
completion and shall be open to | 10 | | public inspection for a period of at least
one year subsequent | 11 | | to the date of such emergency purchase.
Within 30 days after | 12 | | the passage of the resolution or ordinance declaring an
| 13 | | emergency
affecting the public health or safety, the District | 14 | | shall submit to the
Illinois
Environmental Protection Agency | 15 | | the full written account of any such emergency
along
with a | 16 | | copy of the resolution or ordinance declaring the emergency, in
| 17 | | accordance with
requirements as may be provided by rule.
| 18 | | A contract for any work or other public improvement, to be | 19 | | paid for in
whole or in part by special assessment or special | 20 | | taxation, shall be entered into and the
performance thereof | 21 | | controlled by Division 2 of Article 9 of the "Illinois
| 22 | | Municipal Code", approved May 29, 1961, as heretofore and | 23 | | hereafter
amended, as near as may be. The contracts may be let | 24 | | for making proper
and suitable connections between the mains | 25 | | and outlets of the respective
sewers in the district with any | 26 | | conduit, conduits, main pipe or pipes that
may be constructed |
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| 1 | | by such sanitary district.
| 2 | | (Source: P.A. 92-195, eff. 1-1-02.)
| 3 | | Section 15. The Metropolitan Water Reclamation District | 4 | | Act 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, | 7 | | all purchase
orders or contracts involving amounts in excess of | 8 | | the mandatory competitive
bid
threshold
and made by or on | 9 | | behalf of the sanitary district for labor, services or work,
| 10 | | the
purchase, lease or sale of personal property, materials, | 11 | | equipment or
supplies, or the granting of any concession, shall | 12 | | be let by free and
open competitive bidding after | 13 | | advertisement, to the lowest responsible
bidder or to the | 14 | | highest responsible bidder, as the case may be,
depending upon | 15 | | whether the sanitary district is to expend or receive
money.
| 16 | | All such purchase orders or contracts which shall involve | 17 | | amounts
that will not exceed the mandatory competitive bid
| 18 | | threshold, shall also be let in the manner prescribed
above | 19 | | whenever practicable, except that after solicitation of bids, | 20 | | such
purchase orders or contracts may be let in the open | 21 | | market, in a manner
calculated to insure the best interests of | 22 | | the public. The provisions of
this section are subject to any | 23 | | contrary provisions contained in "An Act
concerning the use of | 24 | | Illinois mined coal in certain plants and institutions",
filed |
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| 1 | | July 13, 1937, as heretofore and hereafter amended.
For | 2 | | purposes of this Section, the "mandatory competitive bid | 3 | | threshold" is a
dollar
amount equal to 0.1% of the total | 4 | | general fixed assets of the district as
reported in the
most | 5 | | recent required audit report. In no event, however, shall the | 6 | | mandatory
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 | 9 | | construction, alteration, repair, improvement, or maintenance | 10 | | work on the public way, the sanitary district may enter into an | 11 | | intergovernmental agreement with the unit of local government | 12 | | allowing similar construction work to be performed by the | 13 | | sanitary district on the same project, in an amount no greater | 14 | | than $100,000, to save taxpayer funds and eliminate duplication | 15 | | of government effort. The sanitary district and the other unit | 16 | | of local government shall, before work is performed by either | 17 | | unit of local government on a project, adopt a resolution by a | 18 | | majority vote of both governing bodies certifying work will | 19 | | occur at a specific location, the reasons why both units of | 20 | | local government require work to be performed in the same | 21 | | location, and the projected cost savings if work is performed | 22 | | by both units of local government on the same project. | 23 | | Officials or employees of the sanitary district may, if | 24 | | authorized by resolution, purchase in the open market any | 25 | | supplies, materials, equipment, or services for use within the | 26 | | project in an amount no greater than $100,000 without |
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| 1 | | advertisement or without filing a requisition or estimate. A | 2 | | full written account of each project performed by the sanitary | 3 | | district and a requisition for the materials, supplies, | 4 | | equipment, and services used by the sanitary district required | 5 | | to complete the project must be submitted by the officials or | 6 | | employees authorized to make purchases to the board of trustees | 7 | | of the sanitary district no later than 30 days after purchase. | 8 | | The full written account must be available for public | 9 | | inspection for at least one year after expenditures are made. | 10 | | Notwithstanding the provisions of this Section, the | 11 | | sanitary district is
expressly authorized to establish such | 12 | | procedures as it deems appropriate
to comply with state or | 13 | | federal regulations as to affirmative action and
the | 14 | | utilization of small and minority businesses in construction | 15 | | and
procurement
contracts.
| 16 | | (Source: P.A. 92-195, eff. 1-1-02.)
| 17 | | Section 20. The Sanitary District Act of 1936 is amended by | 18 | | changing 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 | 21 | | contracts
for purchases or sales by the sanitary district, the
| 22 | | expense of which will exceed the mandatory competitive bid | 23 | | threshold, shall be
let to the lowest responsible
bidder | 24 | | therefor upon not less than 14 days' public notice of the terms |
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| 1 | | and
conditions upon which the contract is to be let, having | 2 | | been given by
publication in a daily or weekly newspaper
| 3 | | published in the district or, if there is no newspaper | 4 | | published in the
district, in a newspaper published in the | 5 | | county and having general circulation
in the
district, and the | 6 | | board may reject any and all bids, and readvertise.
Contracts | 7 | | for
services in excess of the mandatory competitive bid | 8 | | threshold
may, subject to the provisions of this
Section, be | 9 | | let by competitive bidding at the discretion of the district
| 10 | | board of trustees. All contracts for purchases or sales that | 11 | | will not
exceed the mandatory competitive bid threshold may be | 12 | | made in the open market without publication
in a newspaper as | 13 | | above provided, but whenever practical shall be based on
at | 14 | | least 3 competitive bids. For purposes of this Section, the | 15 | | "mandatory
competitive bid threshold"
is a dollar amount equal | 16 | | to 0.1% of the total general fixed
assets of the district as | 17 | | reported in the most recent required audit report.
In
no event, | 18 | | however, shall the mandatory competitive bid threshold dollar | 19 | | amount
be less than $10,000, nor more than $40,000.
| 20 | | If a unit of local government performs non-emergency | 21 | | construction, alteration, repair, improvement, or maintenance | 22 | | work on the public way, the sanitary district may enter into an | 23 | | intergovernmental agreement with the unit of local government | 24 | | allowing similar construction work to be performed by the | 25 | | sanitary district on the same project, in an amount no greater | 26 | | than $100,000, to save taxpayer funds and eliminate duplication |
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| 1 | | of government effort. The sanitary district and the other unit | 2 | | of local government shall, before work is performed by either | 3 | | unit of local government on a project, adopt a resolution by a | 4 | | majority vote of both governing bodies certifying work will | 5 | | occur at a specific location, the reasons why both units of | 6 | | local government require work to be performed in the same | 7 | | location, and the projected cost savings if work is performed | 8 | | by both units of local government on the same project. | 9 | | Officials or employees of the sanitary district may, if | 10 | | authorized by resolution, purchase in the open market any | 11 | | supplies, materials, equipment, or services for use within the | 12 | | project in an amount no greater than $100,000 without | 13 | | advertisement or without filing a requisition or estimate. A | 14 | | full written account of each project performed by the sanitary | 15 | | district and a requisition for the materials, supplies, | 16 | | equipment, and services used by the sanitary district required | 17 | | to complete the project must be submitted by the officials or | 18 | | employees authorized to make purchases to the board of trustees | 19 | | of the sanitary district no later than 30 days after purchase. | 20 | | The full written account must be available for public | 21 | | inspection for at least one year after expenditures are made. | 22 | | Cash, a cashier's check, a
certified check, or a bid bond | 23 | | with adequate surety approved by the board of
trustees as a | 24 | | deposit of good faith, in a reasonable amount, but not in | 25 | | excess
of 10% of the contract amount, may be required of each | 26 | | bidder by the district
on all bids involving amounts in excess |
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| 1 | | of the mandatory competitive bid
threshold and, if so required, | 2 | | the advertisement for bids shall
so specify.
| 3 | | Contracts which by their nature are not adapted to award by | 4 | | competitive
bidding, including, without limitation, contracts | 5 | | for the services of
individuals, groups or firms possessing a | 6 | | high degree of professional skill
where the ability or fitness | 7 | | of the individual or organization plays an
important part, | 8 | | contracts for financial management services undertaken
| 9 | | pursuant to the Public Funds Investment Act,
contracts for the | 10 | | purchase or sale of utilities, contracts for materials
| 11 | | economically procurable only from a single source of supply and | 12 | | leases of
real property where the sanitary district is the | 13 | | lessee shall not be
subject to the competitive bidding | 14 | | requirements of this Section.
| 15 | | Where the board of trustees declares, by a 2/3 vote of all | 16 | | members of the
board, that there exists an emergency affecting | 17 | | the public health or
safety, contracts totaling not more than | 18 | | the emergency contract cap may be let to the extent
necessary | 19 | | to resolve such emergency without public advertisement or
| 20 | | competitive bidding. For purposes of this Section, the | 21 | | "emergency contract
cap" is a dollar
amount equal to 0.4% of | 22 | | the total general fixed assets of
the
district as reported in | 23 | | the most recent required audit report.
In no event,
however, | 24 | | shall the emergency contract cap dollar amount be less than | 25 | | $40,000,
nor more than $100,000.
The ordinance or resolution | 26 | | embodying the
emergency declaration shall contain the date upon |
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| 1 | | which such emergency will
terminate. The board of trustees may | 2 | | extend the termination date if in
its judgment the | 3 | | circumstances so require. A full written account of the
| 4 | | emergency, together with a requisition for the materials, | 5 | | supplies, labor
or equipment required therefor shall be | 6 | | submitted immediately upon completion
and shall be open to | 7 | | public inspection for a period of at least one year
subsequent | 8 | | to the date of such emergency purchase.
Within 30 days after | 9 | | the passage of the resolution or ordinance declaring an
| 10 | | emergency
affecting the public health or safety, the District | 11 | | shall submit to the
Illinois
Environmental Protection Agency | 12 | | the full written account of any such emergency
along
with a | 13 | | copy of the resolution or ordinance declaring the emergency, in
| 14 | | accordance 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 | 17 | | amended 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 | 20 | | and materials to be
purchased by the sanitary district, the | 21 | | expense of which will exceed $10,000,
shall be let to the | 22 | | lowest responsible bidder therefor, upon not less than
21 days | 23 | | public notice of the terms and conditions upon which the | 24 | | contract
is to be let, having been given by publication in a |
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| 1 | | newspaper of general
circulation published in the district, and | 2 | | the board may
reject any and all bids and readvertise. All | 3 | | purchases or sales of $10,000 or
less may be made in the open | 4 | | market without publication in a newspaper as
above provided, | 5 | | but whenever practical shall be based on at least 3
competitive | 6 | | bids. No person may be employed on the work except citizens of
| 7 | | the United States, or those who in good faith have declared | 8 | | their intention
to become citizens, and 8 hours constitutes a | 9 | | day's work.
| 10 | | If a unit of local government performs non-emergency | 11 | | construction, alteration, repair, improvement, or maintenance | 12 | | work on the public way, the sanitary district may enter into an | 13 | | intergovernmental agreement with the unit of local government | 14 | | allowing similar construction work to be performed by the | 15 | | sanitary district on the same project, in an amount no greater | 16 | | than $100,000, to save taxpayer funds and eliminate duplication | 17 | | of government effort. The sanitary district and the other unit | 18 | | of local government shall, before work is performed by either | 19 | | unit of local government on a project, adopt a resolution by a | 20 | | majority vote of both governing bodies certifying work will | 21 | | occur at a specific location, the reasons why both units of | 22 | | local government require work to be performed in the same | 23 | | location, and the projected cost savings if work is performed | 24 | | by both units of local government on the same project. | 25 | | Officials or employees of the sanitary district may, if | 26 | | authorized by resolution, purchase in the open market any |
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| 1 | | supplies, materials, equipment, or services for use within the | 2 | | project in an amount no greater than $100,000 without | 3 | | advertisement or without filing a requisition or estimate. A | 4 | | full written account of each project performed by the sanitary | 5 | | district and a requisition for the materials, supplies, | 6 | | equipment, and services used by the sanitary district required | 7 | | to complete the project must be submitted by the officials or | 8 | | employees authorized to make purchases to the board of trustees | 9 | | of the sanitary district no later than 30 days after purchase. | 10 | | The full written account must be available for public | 11 | | inspection 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 | 14 | | becoming law.
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