State of Illinois
92nd General Assembly
Legislation

   [ Search ]   [ PDF text ]   [ Legislation ]   
[ Home ]   [ Back ]   [ Bottom ]


[ Introduced ][ Enrolled ][ Senate Amendment 001 ]
[ Senate Amendment 002 ][ Senate Amendment 003 ][ Senate Amendment 004 ]


92_SB0032eng

 
SB32 Engrossed                                 LRB9201390TAtm

 1        AN ACT concerning sanitary districts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The North  Shore  Sanitary  District  Act  is
 5    amended by changing Section 11 as follows:

 6        (70 ILCS 2305/11) (from Ch. 42, par. 287)
 7        Sec.  11.  Except  as otherwise provided in this Section,
 8    all contracts for purchases or sales by the municipality, the
 9    expense of which will exceed the  mandatory  competitive  bid
10    threshold,  $10,000,  shall  be let to the lowest responsible
11    bidder therefor upon not less than 14 days' public notice  of
12    the  terms  and  conditions  upon which the contract is to be
13    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
18    articles  supplied,  their  conformity  with  specifications,
19    their  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
24    equipment, and the delivery terms. Contracts for services  in
25    excess  of  the  mandatory  competitive bid threshold $10,000
26    may, subject to the provisions of this  Section,  be  let  by
27    competitive  bidding  at the discretion of the district board
28    of trustees.  All contracts for purchases or sales that  will
29    not exceed the mandatory competitive bid threshold of $10,000
30    or less may be made in the open market without publication in
31    a  newspaper  as above provided, but whenever practical shall
 
SB32 Engrossed              -2-                LRB9201390TAtm
 1    be based on at least 3 competitive  bids.   For  purposes  of
 2    this  Section, the "mandatory competitive bid threshold" is a
 3    dollar amount equal to 0.1% of the total general fixed assets
 4    of the district as reported in the most recent required audit
 5    report. In no event, however, shall the mandatory competitive
 6    bid threshold dollar amount be less than  $10,000,  nor  more
 7    than $40,000.
 8        Cash, a cashier's check, a certified check, or a bid bond
 9    with  adequate  surety approved by the board of trustees as a
10    deposit of good faith, in a reasonable  amount,  but  not  in
11    excess of 10% of the contract amount, may be required of each
12    bidder  by  the  district  on  all  bids involving amounts in
13    excess of the mandatory competitive bid threshold and, if  so
14    required, the advertisement for bids shall so specify.
15        Contracts  which by their nature are not adapted to award
16    by  competitive  bidding,  including,   without   limitation,
17    contracts  for  the  services of individuals, groups or firms
18    possessing a high degree  of  professional  skill  where  the
19    ability or fitness of the individual or organization plays an
20    important  part,  contracts for financial management services
21    undertaken  pursuant  to  "An   Act   relating   to   certain
22    investments  of  public  funds  by public agencies", approved
23    July 23, 1943, as now or hereafter amended, contracts for the
24    purchase  or  sale  of  utilities,  contracts  for  materials
25    economically procurable only from a single source of  supply,
26    contracts  for  the  use,  purchase,  delivery,  movement, or
27    installation  of  data  processing  equipment,  software,  or
28    services and telecommunications and  interconnect  equipment,
29    software, or services, contracts for duplicating machines and
30    supplies,  contracts  for  goods  or  services  procured from
31    another   governmental   agency,   purchases   of   equipment
32    previously owned by an entity other than the district itself,
33    and leases of real property where the  sanitary  district  is
34    the  lessee  shall  not be subject to the competitive bidding
 
SB32 Engrossed              -3-                LRB9201390TAtm
 1    requirements of this Section.
 2        In the case of an emergency affecting the  public  health
 3    or  safety  so  declared  by  the  Board  of  Trustees of the
 4    municipality  at  a  meeting  thereof  duly  convened,  which
 5    declaration shall require the affirmative vote of four of the
 6    five Trustees elected, and shall set forth the nature of  the
 7    danger to the public health or safety, contracts totaling not
 8    more  than  the  emergency contract cap $75,000 may be let to
 9    the extent necessary to resolve such emergency without public
10    advertisement or competitive bidding. For  purposes  of  this
11    Section,  the  "emergency  contract  cap"  is a dollar amount
12    equal to 0.4% of  the  total  general  fixed  assets  of  the
13    district  as  reported  in  the  most  recent  required audit
14    report. In no event, however, shall  the  emergency  contract
15    cap  dollar  amount  be  less  than  $40,000,  nor  more than
16    $100,000.  The  Resolution  or  Ordinance   in   which   such
17    declaration  is  embodied  shall fix the date upon which such
18    emergency shall terminate  which  date  may  be  extended  or
19    abridged  by  the  Board of Trustees as in their judgment the
20    circumstances require.  A full written account  of  any  such
21    emergency,  together  with  a  requisition for the materials,
22    supplies, labor  or  equipment  required  therefor  shall  be
23    submitted  immediately  upon  completion and shall be open to
24    public  inspection  for  a  period  of  at  least  one   year
25    subsequent  to the date of such emergency purchase. Within 30
26    days  after  the  passage  of  the  resolution  or  ordinance
27    declaring an emergency affecting the public health or safety,
28    the municipality shall submit to the  Illinois  Environmental
29    Protection  Agency  the  full  written  account  of  any such
30    emergency along with a copy of the  resolution  or  ordinance
31    declaring  the  emergency, in accordance with requirements as
32    may be provided by rule.
33        To address operating emergencies not affecting the public
34    health or safety, the Board of Trustees shall  authorize,  in
 
SB32 Engrossed              -4-                LRB9201390TAtm
 1    writing,  officials  or employees of the sanitary district to
 2    purchase in the open market  and  without  advertisement  any
 3    supplies,  materials,  equipment,  or  services for immediate
 4    delivery to meet the bona fide operating  emergency,  without
 5    filing  a  requisition or estimate therefor, in an amount not
 6    in excess of $40,000; provided that  the  Board  of  Trustees
 7    must be notified of the operating emergency.  A full, written
 8    account of each operating emergency and a requisition for the
 9    materials, supplies, equipment, and services required to meet
10    the  operating emergency must be immediately submitted by the
11    officials or employees authorized to make  purchases  to  the
12    Board  of Trustees.  The account must be available for public
13    inspection for a period of at least one year after  the  date
14    of   the   operating  emergency  purchase.  The  exercise  of
15    authority with respect to purchases for a bona fide operating
16    emergency is not dependent on a declaration of  an  operating
17    emergency by the Board of Trustees.
18        No  Trustee  shall be interested, directly or indirectly,
19    in any contract, work or business of the municipality, or  in
20    the  sale  of  any  article,  whenever  the expense, price or
21    consideration of the contract work, business or sale is  paid
22    either  from  the treasury or by any assessment levied by any
23    Statute  or  Ordinance.   No  Trustee  shall  be  interested,
24    directly or indirectly, in the purchase of any property which
25    (1) belongs to the municipality, or (2) is sold for taxes  or
26    assessments  of the municipality, or (3) is sold by virtue of
27    legal process in the suit of the municipality.
28        A contract for any work or other public  improvement,  to
29    be  paid  for  in  whole  or in part by special assessment or
30    special taxation, In all other respects such contracts  shall
31    be entered into and the performance thereof controlled by the
32    provisions  of  Division  2  of  Article  9  of the "Illinois
33    Municipal Code", approved May  29,  1961,  as  heretofore  or
34    hereafter  amended, as near as may be. However, contracts may
 
SB32 Engrossed              -5-                LRB9201390TAtm
 1    be let for making proper and suitable connections between the
 2    mains and outlets of the respective sanitary  sewers  in  the
 3    district  with any conduit, conduits, main pipe or pipes that
 4    may be constructed by such sanitary district.
 5    (Source: P.A. 91-921, eff. 1-1-01.)

 6        Section 10.  The Sanitary District Act of 1917 is amended
 7    by changing Section 11 as follows:

 8        (70 ILCS 2405/11) (from Ch. 42, par. 310)
 9        Sec. 11.  Except as otherwise hereinafter  provided,  all
10    contracts  for  purchases  or  sales  by  a sanitary district
11    organized under this Act, the expense of  which  will  exceed
12    the  mandatory  competitive  bid threshold, $10,000, shall be
13    let to the lowest responsible bidder therefor upon  not  less
14    than  14 days' public notice of the terms and conditions upon
15    which the contract  is  to  be  let,  having  been  given  by
16    publication  in  a newspaper of general circulation published
17    in the district, and the board may reject any and  all  bids,
18    and   readvertise.  In  determining  the  lowest  responsible
19    bidder, the board shall take into consideration the qualities
20    and serviceability of the articles supplied, their conformity
21    with specifications, their suitability to the requirements of
22    the district,  the  availability  of  support  services,  the
23    uniqueness  of the service, materials, equipment, or supplies
24    as it applies to network  integrated  computer  systems,  the
25    compatibility   of   the  service,  materials,  equipment  or
26    supplies with existing equipment,  and  the  delivery  terms.
27    Contracts for services in excess of the mandatory competitive
28    bid  threshold $10,000 may, subject to the provisions of this
29    Section, be let by competitive bidding at the  discretion  of
30    the district board of trustees.
31        Cash, a cashier's check, a certified check, or a bid bond
32    with  adequate  surety approved by the board of trustees as a
 
SB32 Engrossed              -6-                LRB9201390TAtm
 1    deposit of good faith, in a reasonable  amount,  but  not  in
 2    excess of 10% of the contract amount, may be required of each
 3    bidder  by  the  district  on  all  bids involving amounts in
 4    excess of the mandatory competitive bid threshold and, if  so
 5    required, the advertisement for bids shall so specify.
 6        All contracts for purchases or sales that will not exceed
 7    the  mandatory  competitive  bid threshold of $10,000 or less
 8    may be made in the  open  market  without  publication  in  a
 9    newspaper  as above provided, but whenever practical shall be
10    based on at least 3 competitive bids.  For purposes  of  this
11    Section,  the  "mandatory  competitive  bid  threshold"  is a
12    dollar amount equal to 0.1% of the total general fixed assets
13    of the district as reported in the most recent required audit
14    report. In no event, however, shall the mandatory competitive
15    bid threshold dollar amount be less than  $10,000,  nor  more
16    than $40,000.
17        Contracts  which by their nature are not adapted to award
18    by  competitive  bidding,  including,   without   limitation,
19    contracts  for  the  services of individuals, groups or firms
20    possessing a high degree  of  professional  skill  where  the
21    ability or fitness of the individual or organization plays an
22    important  part,  contracts for financial management services
23    undertaken  pursuant  to  "An   Act   relating   to   certain
24    investments  of  public  funds  by public agencies", approved
25    July 23, 1943, as now or hereafter amended, contracts for the
26    purchase  or  sale  of  utilities,  contracts  for  materials
27    economically procurable only from a single source of  supply,
28    contracts  for  the  use,  purchase,  delivery,  movement, or
29    installation  of  data  processing  equipment,  software,  or
30    services and telecommunications and  interconnect  equipment,
31    software, or services, contracts for duplicating machines and
32    supplies,  contracts  for  goods  or  services  procured from
33    another   governmental   agency,   purchases   of   equipment
34    previously owned by an entity other than the district itself,
 
SB32 Engrossed              -7-                LRB9201390TAtm
 1    and leases of real property where the  sanitary  district  is
 2    the  lessee  shall  not be subject to the competitive bidding
 3    requirements of this Section.
 4        The competitive bidding requirements of this  Section  do
 5    not  apply  to  contracts  for  construction of a facility or
 6    structure for the sanitary  district  when  the  facility  or
 7    structure  will  be  designed, built, and tested before being
 8    conveyed to the sanitary district.
 9        The competitive bidding requirements of this  Section  do
10    not   apply   to  contracts,  including  contracts  for  both
11    materials and services incidental thereto, for the repair  or
12    replacement of a sanitary district's treatment plant, sewers,
13    equipment,  or  facilities damaged or destroyed as the result
14    of a sudden or  unexpected  occurrence,  including,  but  not
15    limited  to,  a  flood,  fire, tornado, earthquake, storm, or
16    other natural or man-made disaster, if the board of  trustees
17    determines  in  writing  that the awarding of those contracts
18    without competitive bidding is reasonably necessary  for  the
19    sanitary district to maintain compliance with a permit issued
20    under  the  National  Pollution  Discharge Elimination System
21    (NPDES) or any successor system or with any outstanding order
22    relating to that  compliance  issued  by  the  United  States
23    Environmental  Protection  Agency, the Illinois Environmental
24    Protection Agency, or the Illinois Pollution  Control  Board.
25    The  authority to issue contracts without competitive bidding
26    pursuant to this paragraph expires 6 months after the date of
27    the  writing  determining  that  the  awarding  of  contracts
28    without competitive bidding is reasonably necessary.
29        Where the board of trustees declares, by a  2/3  vote  of
30    all  members  of  the  board,  that there exists an emergency
31    affecting the public health or safety, contracts totaling not
32    more than the emergency contract cap $40,000 may  be  let  to
33    the extent necessary to resolve such emergency without public
34    advertisement  or  competitive bidding.  For purposes of this
 
SB32 Engrossed              -8-                LRB9201390TAtm
 1    Section, the "emergency contract  cap"  is  a  dollar  amount
 2    equal  to  0.4%  of  the  total  general  fixed assets of the
 3    district as  reported  in  the  most  recent  required  audit
 4    report.  In  no  event, however, shall the emergency contract
 5    cap dollar  amount  be  less  than  $40,000,  nor  more  than
 6    $100,000. The ordinance or resolution embodying the emergency
 7    declaration  shall contain the date upon which such emergency
 8    will  terminate.   The  board  of  trustees  may  extend  the
 9    termination date if in  its  judgment  the  circumstances  so
10    require.   A  full written account of the emergency, together
11    with a requisition for  the  materials,  supplies,  labor  or
12    equipment  required  therefor  shall be submitted immediately
13    upon completion and shall be open to public inspection for  a
14    period  of  at  least one year subsequent to the date of such
15    emergency purchase. Within 30 days after the passage  of  the
16    resolution  or ordinance declaring an emergency affecting the
17    public health or safety, the District  shall  submit  to  the
18    Illinois  Environmental  Protection  Agency  the full written
19    account of any such  emergency  along  with  a  copy  of  the
20    resolution   or   ordinance   declaring   the  emergency,  in
21    accordance with requirements as may be provided by rule.
22        A contract for any work or other public  improvement,  to
23    be  paid  for  in  whole  or in part by special assessment or
24    special taxation, In all other respects such  contract  shall
25    be  entered  into  and  the performance thereof controlled by
26    Division 2 of Article 9 of  the  "Illinois  Municipal  Code",
27    approved  May  29, 1961, as heretofore and hereafter amended,
28    as near as may be. The contracts may be let for making proper
29    and suitable connections between the mains and outlets of the
30    respective sewers in the district with any conduit, conduits,
31    main pipe or pipes that may be constructed by  such  sanitary
32    district.
33    (Source:  P.A.  88-542,  eff.  5-27-94; 88-572, eff. 8-11-94;
34    89-235, eff. 8-4-95; 89-558, eff. 7-26-96.)
 
SB32 Engrossed              -9-                LRB9201390TAtm
 1        Section 15.  The Sanitary District Act of 1936 is amended
 2    by changing Section 14 as follows:

 3        (70 ILCS 2805/14) (from Ch. 42, par. 425)
 4        Sec. 14.  Except as otherwise provided in  this  Section,
 5    all   contracts  for  purchases  or  sales  by  the  sanitary
 6    district, the expense of  which  will  exceed  the  mandatory
 7    competitive  bid  threshold,  $10,000,  shall  be  let to the
 8    lowest responsible bidder therefor  upon  not  less  than  14
 9    days'  public  notice  of the terms and conditions upon which
10    the contract is to be let, having been given  by  publication
11    in  a daily or weekly newspaper published in the district or,
12    if there is no newspaper published  in  the  district,  in  a
13    newspaper   published   in  the  county  and  having  general
14    circulation in the district, and the board may reject any and
15    all bids, and readvertise. Contracts for services  in  excess
16    of  the  mandatory  competitive  bid  threshold  $10,000 may,
17    subject  to  the  provisions  of  this  Section,  be  let  by
18    competitive bidding at the discretion of the  district  board
19    of  trustees.  All contracts for purchases or sales that will
20    not exceed the mandatory competitive bid threshold of $10,000
21    or less may be made in the open market without publication in
22    a newspaper as above provided, but whenever  practical  shall
23    be  based  on  at  least 3 competitive bids.  For purposes of
24    this Section, the "mandatory competitive bid threshold" is  a
25    dollar amount equal to 0.1% of the total general fixed assets
26    of the district as reported in the most recent required audit
27    report. In no event, however, shall the mandatory competitive
28    bid  threshold  dollar  amount be less than $10,000, nor more
29    than $40,000.
30        Cash, a cashier's check, a certified check, or a bid bond
31    with adequate surety approved by the board of trustees  as  a
32    deposit  of  good  faith,  in a reasonable amount, but not in
33    excess of 10% of the contract amount, may be required of each
 
SB32 Engrossed              -10-               LRB9201390TAtm
 1    bidder by the district  on  all  bids  involving  amounts  in
 2    excess  of the mandatory competitive bid threshold and, if so
 3    required, the advertisement for bids shall so specify.
 4        Contracts which by their nature are not adapted to  award
 5    by   competitive   bidding,  including,  without  limitation,
 6    contracts for the services of individuals,  groups  or  firms
 7    possessing  a  high  degree  of  professional skill where the
 8    ability or fitness of the individual or organization plays an
 9    important part, contracts for financial  management  services
10    undertaken  pursuant  to  the  Public  Funds  Investment Act,
11    contracts for the purchase or sale  of  utilities,  contracts
12    for  materials  economically  procurable  only  from a single
13    source of supply  and  leases  of  real  property  where  the
14    sanitary  district  is the lessee shall not be subject to the
15    competitive bidding requirements of this Section.
16        Where the board of trustees declares, by a  2/3  vote  of
17    all  members  of  the  board,  that there exists an emergency
18    affecting the public health or safety, contracts totaling not
19    more than the emergency contract cap $40,000 may  be  let  to
20    the extent necessary to resolve such emergency without public
21    advertisement  or  competitive bidding.  For purposes of this
22    Section, the "emergency contract  cap"  is  a  dollar  amount
23    equal  to  0.4%  of  the  total  general  fixed assets of the
24    district as  reported  in  the  most  recent  required  audit
25    report.  In  no  event, however, shall the emergency contract
26    cap dollar  amount  be  less  than  $40,000,  nor  more  than
27    $100,000. The ordinance or resolution embodying the emergency
28    declaration  shall contain the date upon which such emergency
29    will  terminate.   The  board  of  trustees  may  extend  the
30    termination date if in  its  judgment  the  circumstances  so
31    require.   A  full written account of the emergency, together
32    with a requisition for  the  materials,  supplies,  labor  or
33    equipment  required  therefor  shall be submitted immediately
34    upon completion and shall be open to public inspection for  a
 
SB32 Engrossed              -11-               LRB9201390TAtm
 1    period  of  at  least one year subsequent to the date of such
 2    emergency purchase. Within 30 days after the passage  of  the
 3    resolution  or ordinance declaring an emergency affecting the
 4    public health or safety, the District  shall  submit  to  the
 5    Illinois  Environmental  Protection  Agency  the full written
 6    account of any such  emergency  along  with  a  copy  of  the
 7    resolution   or   ordinance   declaring   the  emergency,  in
 8    accordance with requirements as may be provided by rule.
 9    (Source: P.A. 91-547, eff. 8-14-99.)

10        Section 20.  The Metropolitan Water Reclamation  District
11    Act  is amended by changing Sections 11.3, 11.6, 11.7, 11.10,
12    and 11.13 as follows:

13        (70 ILCS 2605/11.3) (from Ch. 42, par. 331.3)
14        Sec. 11.3.  Except as provided in Sections 11.4 and 11.5,
15    all purchase orders or contracts involving amounts in  excess
16    of  the  mandatory competitive bid threshold $10,000 and made
17    by or on behalf of the sanitary district for labor,  services
18    or  work,  the  purchase, lease or sale of personal property,
19    materials, equipment or supplies,  or  the  granting  of  any
20    concession, shall be let by free and open competitive bidding
21    after  advertisement,  to the lowest responsible bidder or to
22    the highest responsible bidder, as the case may be, depending
23    upon whether the sanitary district is to  expend  or  receive
24    money.
25        All such purchase orders or contracts which shall involve
26    amounts  that  will  not exceed the mandatory competitive bid
27    threshold of $10,000 or less, shall also be let in the manner
28    prescribed above  whenever  practicable,  except  that  after
29    solicitation  of  bids, such purchase orders or contracts may
30    be let in the open market, in a manner calculated  to  insure
31    the  best  interests  of  the  public. The provisions of this
32    section are subject to any contrary provisions  contained  in
 
SB32 Engrossed              -12-               LRB9201390TAtm
 1    "An  Act concerning the use of Illinois mined coal in certain
 2    plants and institutions", filed July 13, 1937, as  heretofore
 3    and  hereafter  amended.  For  purposes  of this Section, the
 4    "mandatory competitive bid  threshold"  is  a  dollar  amount
 5    equal  to  0.1%  of  the  total  general  fixed assets of the
 6    district as  reported  in  the  most  recent  required  audit
 7    report.    In   no   event,   however,  shall  the  mandatory
 8    competitive bid threshold dollar amount be less than  $10,000
 9    or more than $40,000.
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. 83-835.)

17        (70 ILCS 2605/11.6) (from Ch. 42, par. 331.6)
18        Sec.  11.6.  The head of each department shall notify the
19    purchasing agent of those officers and  employees  authorized
20    to  sign requests for purchases. Requests for purchases shall
21    be void unless executed by an authorized officer or  employee
22    and approved by the purchasing agent.  Requests for purchases
23    may   be   executed,   approved   and   signed   manually  or
24    electronically.
25        Officials and employees  making  requests  for  purchases
26    shall  not  split  or  otherwise partition for the purpose of
27    evading the competitive bidding requirements of this Act, any
28    undertaking involving amounts  in  excess  of  the  mandatory
29    competitive bid threshold $10,000.
30    (Source: P.A. 87-1125.)

31        (70 ILCS 2605/11.7) (from Ch. 42, par. 331.7)
32        Sec.  11.7.   All  proposals  to award purchase orders or
 
SB32 Engrossed              -13-               LRB9201390TAtm
 1    contracts  involving  amounts  in  excess  of  the  mandatory
 2    competitive bid threshold $10,000 shall be published at least
 3    12 calendar days in advance of the  date  announced  for  the
 4    receiving of bids, in a secular English language newspaper of
 5    general  circulation  in  said sanitary district and shall be
 6    posted simultaneously on readily accessible  bulletin  boards
 7    in  the  principal  office  of the sanitary district. Nothing
 8    contained in this section shall be construed to prohibit  the
 9    placing  of  additional  advertisements  in  recognized trade
10    journals.  Advertisements  for  bids   shall   describe   the
11    character of the proposed contract or agreement in sufficient
12    detail  either in the advertisement itself or by reference to
13    plans, specifications or other detail on file at the time  of
14    publication  of the first announcement, to enable the bidders
15    to know what their  obligation  will  be.  The  advertisement
16    shall  also  state  the date, time and place assigned for the
17    opening of bids. No  bids  shall  be  received  at  any  time
18    subsequent   to  the  time  indicated  in  the  announcement;
19    however, an extension of time may be granted for the  opening
20    of  such  bids  upon  publication  in  the  same newspaper of
21    general circulation in said  sanitary  district  stating  the
22    date  to which bid opening has been extended. The time of the
23    extended bid opening shall not be  less  than  5  days  after
24    publication, Sundays and legal holidays excluded.
25        Cash, cashier's check or a certified check payable to the
26    clerk and drawn upon a bank, as a deposit of good faith, in a
27    reasonable  amount  not  in  excess  of  10%  of the contract
28    amount, may be required of  each  bidder  by  the  purchasing
29    agent  on  all  bids  involving  amounts  in  excess  of  the
30    mandatory  competitive bid threshold $10,000. If a deposit is
31    required,  the  advertisement  for  bids  shall  so  specify.
32    Instead of a deposit, the purchasing agent may allow the  use
33    of  a bid bond if the bond is issued by a surety company that
34    is listed in the Federal Register and  is  authorized  to  do
 
SB32 Engrossed              -14-               LRB9201390TAtm
 1    business in the State of Illinois.
 2    (Source: P.A. 89-89, eff. 6-30-95.)

 3        (70 ILCS 2605/11.10) (from Ch. 42, par. 331.10)
 4        Sec.  11.10.   Every contract or purchase order involving
 5    amounts in excess of the mandatory competitive bid  threshold
 6    $10,000  shall  be  signed  by  the  president  or other duly
 7    authorized officer of the  board  of  commissioners,  by  the
 8    general  superintendent,  by  the clerk and by the purchasing
 9    agent. Each bid with the name of the bidder shall be  entered
10    upon a record which shall be open to public inspection in the
11    office  of the purchasing agent. After the award is made, the
12    bids shall be entered in the official records of the board of
13    commissioners.
14        All purchase orders or contracts involving  amounts  that
15    will  not  exceed  the mandatory competitive bid threshold of
16    $10,000 or less shall be let by the  purchasing  agent.  They
17    shall  be  signed  by the purchasing agent and the clerk. All
18    records pertaining to such awards shall  be  open  to  public
19    inspection  for  a  period of at least one year subsequent to
20    the date of the award.
21        An official  copy  of  each  awarded  purchase  order  or
22    contract  together  with  all  necessary attachments thereto,
23    including assignments and written consent of  the  purchasing
24    agent  shall  be  retained  by  the  purchasing  agent  in an
25    appropriate file open to the public for such period  of  time
26    after termination of contract during which action against the
27    municipality might ensue under applicable laws of limitation.
28    Certified  copies  of  all  completed  contracts and purchase
29    orders shall be filed with the clerk. After  the  appropriate
30    period,  purchase  orders,  contracts  and attachments in the
31    clerk's possession may  be  destroyed  by  direction  of  the
32    purchasing agent.
33        The  provisions  of  this Act are not applicable to joint
 
SB32 Engrossed              -15-               LRB9201390TAtm
 1    purchases of personal property, supplies and services made by
 2    governmental units in accordance with Sections 1 through 5 of
 3    "An Act authorizing certain governmental  units  to  purchase
 4    personal  property,  supplies and services jointly," approved
 5    August 15, 1961.
 6    (Source: P.A. 83-835.)

 7        (70 ILCS 2605/11.13) (from Ch. 42, par. 331.13)
 8        Sec. 11.13.  Bond,  with  sufficient  sureties,  in  such
 9    amount  as  shall  be deemed adequate by the purchasing agent
10    not only to insure performance of the contract  in  the  time
11    and  manner  specified  in  said  contract  but also to save,
12    indemnify and keep harmless the sanitary district against all
13    liabilities, judgments,  costs  and  expenses  which  may  in
14    anywise  accrue against said sanitary district in consequence
15    of the granting of the contract or execution thereof shall be
16    required  for  all  contracts   relative   to   construction,
17    rehabilitation  or repair of any of the works of the sanitary
18    district and may be required of each bidder  upon  all  other
19    contracts   in   excess  of  the  mandatory  competitive  bid
20    threshold $10,000 when, in  the  opinion  of  the  purchasing
21    agent, the public interest will be better served thereby.
22        In  accordance with the provisions of "An Act in relation
23    to bonds of contractors entering into  contracts  for  public
24    construction",  approved  June  20,  1931,  as  amended,  all
25    contracts  for  construction  work,  to  which  the  sanitary
26    district  is  a  party,  shall  require  that  the contractor
27    furnish bond guaranteeing payment  for  materials  and  labor
28    utilized in the contract.
29    (Source: P.A. 83-835.)





[ Top ]