The Village Manager shall have among his or her duties the purchasing of all supplies, materials, fuel, equipment and services for use by all departments, commissions and agencies of the Village, as stated in Section 4-3-7 of this Code.
No contract shall be made by the corporate authorities, or by any committee or member thereof, and no expense shall be incurred by any of the officers, employees, or departments of the Village, whether the object of the expenditure has been ordered by the corporate authorities or not, unless either (a) an appropriation has been previously made concerning that contract or expense, or (b) the Village has approved a budget that provides for the expense or for the expenditure of any and all costs and expenses in connection with the contract. Any contract made, or any expense otherwise incurred, in violation of the provisions of this Section 8-8-2 shall be null and void as to the Village, and no money belonging thereto shall be paid on account thereof. However, pending the passage of the Annual Appropriation Ordinance for any fiscal year, the corporate authorities may authorize heads of departments or other separate agencies of the Village to make necessary expenditures for the support thereof upon the basis of the appropriations of the preceding fiscal year. However, if it is determined by a two-thirds-vote of the corporate authorities then holding office, at a regularly scheduled meeting of the corporate authorities, that it is expedient and in the best public interest to begin proceedings for the construction of a needed public work, then the provisions of this Section 8-8-2 shall not apply to the extent that the corporate authorities may employ or contract for professional services necessary for the planning and financing of such public work.
In all cases in which competitive bidding is required by Section 8-8-9 of this Code, the procedure for the solicitation and processing of such bids and the awarding of such contracts shall take place in general conformity with the provisions contained within Sections 8-8-4 through 8-8-8 of this Code; provided, however, that any minor failure to follow the procedures outlined shall not invalidate the bid or prevent the award of the contract.
Notice inviting bids shall be published at least once in a newspaper
generally circulated within the Village at least five days prior to
the date set for receiving such bids. Said notice shall include a
general description of the articles to be purchased or the services
to be performed, shall state where bid blanks and specifications may
be secured, including the cost, if any, of said specifications, the
amount of bid deposit required and the time and location for opening
bids.
(A)
In calling for bids of public work projects to which the Illinois
Prevailing Wage Act, 820 ILCS 130/0.01 et seq., applies, the notice
shall provide that the general prevailing rate of wages shall be paid
for each craft or type of workman needed to perform such work, as
provided by statute.
(B)
Said notice shall also be posted in a prominent place in either the
Village Hall or Village Public Works facility.
The purchasing agent shall also solicit sealed bids from all
responsible prospective suppliers who have requested their names to
be added to a bidders' list, which the agent shall maintain, by sending
them a copy of such newspaper notice or such other notice as will
acquaint them with the proposed purchase or sale.
In any case, invitations sent to the vendors on the bidders'
list shall be limited to commodities or services typically provided
by them.
Bids shall be submitted sealed to the purchasing agent and shall
be identified as bids for the specific proposal or project submitted.
The corporate authorities shall award the bid to the lowest
responsible bidder. In determining lowest responsible bidder, in addition
to price, the corporate authorities shall consider the following:
(A)
The ability, capacity and skill of the bidder to perform the contract
or provide the service required.
(B)
Whether the bidder can perform the contract or provide the service
promptly, or within the time specified, without delay or interference.
(C)
The character, integrity, reputation, judgment, experience and efficiency
of the bidder.
(D)
The quality of performance of previous contracts or services.
(E)
The previous and existing compliance by the bidder with laws and
ordinances relating to the contract or service.
(F)
The sufficiency of the financial resources and ability of the bidder
to perform the contract or provide the service.
(G)
The quality, availability and adaptability of the supplies, or contractual
services to the particular use required.
(H)
The ability of the bidder to provide future maintenance and service
for the use of the subject of the contract.
(I)
The number and scope of conditions attached to the bid.
The corporate authorities shall have the authority to reject
all bids, parts of bids, or all bids for any one or more supplies
or contractual services included in the proposed contract, when the
public interest will be served thereby.
[Amended 6-20-2023 by Ord. No. 2023-3703]
As the chief purchasing agent of the Village, the Village Manager
shall be responsible for the purchase and contract of goods and services
on behalf of the Village and shall develop and implement administrative
procedures in conformity with ordinances and state statutes to perform
this function, subject to the following:
(A)
Purchases of goods and services, by contract or otherwise, shall
be made in accordance with the following procedures:
(2)
Purchases for which the expenditure is equal to or less than $25,000 but greater than $3,000 shall be made only after the Village Manager receives either: (i) at least three quotations in accordance with Section 8-8-15 of this Code, or (ii) a detailed memorandum from the requesting department explaining why three quotations were not considered.
(3)
No quotations or bids shall be required for purchases for which
the expenditure is equal to or less than $3,000.
(4)
All purchases, other than those handled by petty cash, shall
be reported promptly to the corporate authorities so that the corporate
authorities may consider and, at its discretion, approve such transactions.
(B)
When, in the opinion of the Village Manager, a serious emergency
exists within the Village which will endanger the health, safety or
welfare of its citizens, the Village Manager may make emergency purchases
of goods or services where the cost thereof will not exceed $500,000.
Prior to making such emergency purchases, the Village Manager shall
make every reasonable effort to notify all members of the corporate
authorities then holding office of the need for the emergency purchase.
Such emergency purchases may not be made, however, if a majority of
the members of the corporate authorities able to be notified of the
pending purchase indicate that they do not approve and would not ratify
such a purchase. The Village Manager shall report any such purchases
and the reasons therefor at the first meeting of the corporate authorities
immediately following such an emergency purchase.
(A)
In making contracts for public work of any kind to be performed in
the Village, the contractor for such work shall furnish, supply and
deliver a bond with good and sufficient sureties to the Village in
the amount required pursuant to the contract. Such bond shall be conditioned
for the completion of the contract, for the payment of material used
in such work and for all labor performed in such work, whether by
subcontractor or otherwise. Each bond is deemed to contain the following
provisions whether such provisions are inserted in such bond or not:
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The principal and sureties on this bond agree that all the undertakings,
covenants, terms, conditions and agreements of the principal and the
Village will be performed and fulfilled and to pay all persons, firms
and corporations having contracts with the principal or with subcontractors,
all just claims due them under the provisions of such contracts for
labor performed or materials furnished in the performance of the contract
on account of which this bond is given, when such claims are not satisfied
out of the contract price of the contract on account of which this
bond is given, after final settlement between the Village and the
principal has been made.
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In making contracts for public work of any kind to be performed
in the Village, the contractor for such work shall furnish, supply
and deliver a performance bond in the full amount of the contract
to the corporate authorities.
Said bond shall further stipulate such provisions as will guarantee
the faithful performance that the general prevailing rate of wages
will be paid to all laborers, workmen and mechanics employed by or
on behalf of the Village engaged in the construction of public works,
as provided by statute.
Upon the award of a bid pursuant to Section 8-8-7 of this Code, the president and Village Manager, or any other person designated and authorized by the corporate authorities, may execute the contract for the awarded bid on behalf of the Village.
The corporate authorities may waive the competitive bidding
requirements set forth in this Article 8 by a two-thirds-vote of the
Village Trustees then holding office.
[Amended 5-19-2015 by Ord. No. 2015-3156]
(A)
The
Village Manager may dispose of any personal property owned by the
Village, including materials, supplies and equipment, with an estimated
value equal to or less than $5,000, that, in the Village Manager's
determination, is no longer necessary or useful to the Village, or
for the best interests of the Village, in the manner that provides
the greatest economic value to the Village. If the Village Manager
determines that the personal property has no economic value, he or
she may dispose of the personal property in the most efficient manner
possible.
(B)
By
ordinance duly adopted, the corporate authorities may dispose of any
personal property owned by the Village, including materials, supplies
and equipment, that, in the opinion of a majority of the corporate
authorities then holding office, is no longer necessary or useful
to or for the best interests of the Village. The ordinance may:
[Amended 6-20-2023 by Ord. No. 2023-3703]
Whenever quotations are required pursuant to Section 8-8-9 of this Code, the Village Manager shall, to the extent practicable, obtain not fewer than three competitive quotations by one or more of the following methods:
The purchasing agent shall keep a record of all bids and quotations
submitted to the Village, and such records shall be open to public
inspection.
The purchasing agent may enter into joint purchasing agreements
for the purchase of supplies, personal property and services with
other governmental units, as provided by statute, when authorized
by the corporate authorities.
