[Comp. Ords. Rev. 1986, § 48.010; Code 1994, § 2-101]
All purchases of supplies, materials, equipment or contractual
services involving the estimated expenditure of more than $2,500 shall
be made only after an opportunity for competitive bidding has been
given. This division does not apply to an agreement entered into with
a group of municipalities such as a cooperative purchasing agreement
when such action is approved by a resolution of the Village Council.
[Comp. Ords. Rev. 1986, § 48.030; Code 1994, § 2-102]
For each purchase or contract over $2,500 for which a bid is
required, there shall be prepared by the department head concerned,
a proposal form listing all the specifications desired and setting
forth such specifications so as to ensure all the bidders make the
same offer under the same terms.
[Comp. Ords. Rev. 1986, §§ 48.040, 48.150;
Code 1994, § 2-103]
(a)
For each purchase over $2,500, the Village shall advertise
for bids at least 10 days in advance of the day on which the bid shall
be opened. The Village shall advertise in a newspaper published locally,
or in a trade journal generally circulated in the trade from which
bids are to be sought. Such advertisement shall advise all bidders
that such bids must be accompanied by a certified check payable on
its face to the order of the Village and in such amount as is set
forth in the advertisement. The check of the successful bidder shall
be held as a guarantee that such bidder will enter into the contract
in accordance with the terms of such advertisement and bid. If such
bidder fails to enter into such contract, his check shall be forfeited
to the Village as payment of damages suffered by the Village by reason
of such failure, and the amount of such check shall be considered
and shall be the measure of such damages.
(b)
The advertisement required in this section shall contain
words which advise the bidder that the requests for bid are being
sought in accordance with the provisions of this division.
[Comp. Ords. Rev. 1986, § 48.060; Code 1994, § 2-104]
The Village Council hereby establishes, as a matter of policy,
that the clerk of the Village shall maintain a vendors list to assist
the Village in obtaining the lowest possible prices for property or
contracts falling under this division. Any vendor who wishes may have
his name placed on the vendors list by requesting this action of the
Village Clerk. When a purchase or contract is proposed under this
division, the clerk will make all reasonable efforts to notify any
vendor whose name appears on this list of the impending request for
bids. The clerk may drop the name of any vendor from this list if
such vendor shall fail to respond to three notifications. A failure
to notify a vendor in accordance with this section shall not invalidate
the bid procedure under this division, and this section is announced
as a stated policy to assist local vendors but not a requirement or
a valid contract.
[Comp. Ords. Rev. 1986, § 48.170; Code 1994, § 2-105]
Any contracts, documents or letters required or desired in addition
to the proposal form shall be attached thereto at the time of the
submission of the bid. No letters or documents submitted after the
opening of the bid will be considered a part of the proposal.
[Comp. Ords. Rev. 1986, § 48.160; Code 1994, § 2-106]
A successful bidder must agree that his bid cannot be withdrawn
for 45 days.
[Comp. Ords. Rev. 1986, § 48.050; Code 1994, § 2-107]
The Village Council shall have the discretion to require more
than 10 days' notice if the property to be purchased or the contract
to be entered into involves a project complex enough to require more
than 10 days for a reasonably prompt bidder to obtain all the data
necessary to make a fair bid.
[Comp. Ords. Rev. 1986, § 48.190; Code 1994, § 2-108]
(a)
In determining the lowest responsible bidder, the Village
may consider:
(1)
The ability, capacity, and skill of the bidder to
perform the contract or provide the service required.
(2)
Whether the bidder can perform the contract or provide
the service promptly, or within the time specified, without delay
or interference.
(3)
The character, integrity, reputation, judgment, experience
and efficiency of the bidder.
(4)
The quality of performance of previous contracts
of services.
(5)
The previous and existing compliance by the bidder
with laws and ordinances relating to the contractor's service.
(6)
The efficiency of the financial resources and ability
of the bidder to perform the contract or provide the service.
(7)
The quality, availability and adaptability of the
supplies, equipment, or contractual services to the particular use
required.
(8)
The ability of the bidder to provide future maintenance
and service for the use of the subject of the contract.
(9)
The number and scope of conditions attached to the
bid.
[Comp. Ords. Rev. 1986, § 48.100; Code 1994, § 2-109]
If the Village Council determines, for reasons sufficient to
them, to accept any bid other than the lowest bid, such action must
have the approval of at least five members of the board, and the reason
of such action shall be set forth in resolution form at the next regular
meeting of the council.
[Comp. Ords. Rev. 1986, § 48.110; Code 1994, § 2-110]
If the two lowest responsible bids are substantially equal,
the Village Council has the authority to negotiate with the two low
bidders for a reduced bid. Further, the president has the authority
to appoint an agent, who may or may not be a department head, to conduct
these negotiations and report to the board. Such authority may be
given by the president at a regular or special meeting of the board.
[Comp. Ords. Rev. 1986, § 48.140; Code 1994, § 2-111]
No contract may be subdivided to avoid the terms of this division.
The Village reserves the right to waive any irregularity in a contractor's
bid which, in its judgment, does not relate to the competitiveness
of the bidding procedure, and accept that contractor's bid.
[Comp. Ords. Rev. 1986, § 48.090; Code 1994, § 2-112]
If after two attempts to obtain competitive bidding in accordance
with this division the Village is unable to obtain competitive bids,
then the Village, or an agent on its behalf, may negotiate in the
open market for a contract or the purchase of personal property.
[Comp. Ords. Rev. 1986, § 48.070; Code 1994, § 2-113]
The bids shall be opened in the Village hall by the presiding
officer and read aloud.
[Comp. Ords. Rev. 1986, § 48.080; Code 1994, § 2-114]
The council may reject any or all of the bids, or may determine
the lowest responsible bidder and award the contract accordingly.
[Comp. Ords. Rev. 1986, § 48.180; Code 1994, § 2-115]
Successful bidders for contracts for public improvement work
may be required to post a performance bond in such an amount as is
reasonably necessary to protect the best interests of the Village,
but not less than 50% of the contract amount.
[Comp. Ords. Rev. 1986, § 48.130; Code 1994, § 2-116]
Personal property shall not be purchased unless there is sufficient
unencumbered appropriation available therefor or for such amount of
the purchase price as shall be required to be paid during the current
fiscal year of the Village.
[Comp. Ords. Rev. 1986, § 48.120; Code 1994, § 2-117]
Public work contracts shall not be commenced until the Village
Council has determined, through the Village Treasurer, that there
is sufficient appropriation in the budget, or sufficient monies available
to be derived from taxes to pay the contract price.
[Comp. Ords. Rev. 1986, § 48.020; Code 1994, § 2-118]
In the event of an emergency or an apparent emergency endangering
the public peace, health, or safety of the Village, or any of these,
a purchase of supplies, materials or equipment which are deemed immediately
necessary by the council may be made in amounts up to $10,000 if the
purchase order is signed by either three trustees and the president
or four trustees. If this is done, a detailed explanation of the necessity
for such purchase shall be placed in the minutes of the next regular
meeting of the Village Council.
[Comp. Ords. Rev. 1986, § 48.200; Code 1994, § 2-119]
No officer or employee of the Village shall purchase or cause
to be purchased any goods, wares, or merchandise whatsoever in the
name of or on the credit of the Village for any purpose other than
the use or resale in the regular course of official business. Any
contract entered into in violation of the procedures set forth in
this division may be voided by the Village Council, and may be enforceable
only against the individual officer or employee signing such contract.
