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91_SB1513
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.
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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. The competitive bidding
22 requirements of this Section do not apply to contracts for
23 construction of a facility or structure for use by the
24 sanitary district when the facility or structure will be
25 designed, built, and tested before being conveyed to the
26 district.
27 In the case of an emergency affecting the public health
28 or safety so declared by the Board of Trustees of the
29 municipality at a meeting thereof duly convened, which
30 declaration shall require the affirmative vote of four of the
31 five Trustees elected, and shall set forth the nature of the
32 danger to the public health or safety, contracts totaling not
33 more than $40,000 may be let to the extent necessary to
34 resolve such emergency without public advertisement or
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1 competitive bidding. The Resolution or Ordinance in which
2 such declaration is embodied shall fix the date upon which
3 such emergency shall terminate which date may be extended or
4 abridged by the Board of Trustees as in their judgment the
5 circumstances require. A full written account of any such
6 emergency, together with a requisition for the materials,
7 supplies, labor or equipment required therefor shall be
8 submitted immediately upon completion and shall be open to
9 public inspection for a period of at least one year
10 subsequent to the date of such emergency purchase.
11 To address operating emergencies not affecting the public
12 health or safety, the Board of Trustees shall authorize, in
13 writing, officials or employees of the sanitary district to
14 purchase in the open market and without advertisement any
15 supplies, materials, equipment, or services for immediate
16 delivery to meet the bona fide operating emergency, without
17 filing a requisition or estimate therefor, in an amount not
18 in excess of $40,000; provided that the Board of Trustees
19 must be notified of the operating emergency. A full, written
20 account of each operating emergency and a requisition for the
21 materials, supplies, equipment, and services required to meet
22 the operating emergency must be immediately submitted by the
23 officials or employees authorized to make purchases to the
24 Board of Trustees. The account must be available for public
25 inspection for a period of at least one year after the date
26 of the operating emergency purchase. The exercise of
27 authority with respect to purchases for a bona fide operating
28 emergency is not dependent on a declaration of an operating
29 emergency by the Board of Trustees.
30 No Trustee shall be interested, directly or indirectly,
31 in any contract, work or business of the municipality, or in
32 the sale of any article, whenever the expense, price or
33 consideration of the contract work, business or sale is paid
34 either from the treasury or by any assessment levied by any
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1 Statute or Ordinance. No Trustee shall be interested,
2 directly or indirectly, in the purchase of any property which
3 (1) belongs to the municipality, or (2) is sold for taxes or
4 assessments of the municipality, or (3) is sold by virtue of
5 legal process in the suit of the municipality.
6 In all other respects such contracts shall be entered
7 into and the performance thereof controlled by the provisions
8 of Division 2 of Article 9 of the "Illinois Municipal Code",
9 approved May 29, 1961, as heretofore or hereafter amended, as
10 near as may be. However, contracts may be let for making
11 proper and suitable connections between the mains and outlets
12 of the respective sanitary sewers in the district with any
13 conduit, conduits, main pipe or pipes that may be constructed
14 by such sanitary district.
15 (Source: P.A. 88-572, eff. 8-11-94.)