Ordinance 2008-033 i
Ordinance No. QOC>'e-• 33
ORDINANCE AMENDING THE CITY CODE OF THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
WHEREAS, the United City of Yorkville has established specific procedures in
connection with the procurement of materials and services in addition to the requirements of
state law in order to ensure that all City expenditures for materials and services are let to the
lowest responsible bidder without influence from any City official or City employee; and,
WHEREAS, the United City of Yorkville has also established a tradition of supporting
local businesses through various economic incentive and marketing programs and also desires to
establish a system permitting all local businesses to participate in the bidding process of the City
in connection with the purchase of all materials and services; and,
WHEREAS, the City Council now desires to coordinate its procedures for competitive
bidding requiring notice to all local businesses when bids are being requested for materials and
services required for the efficient operation of the City.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, is hereby amended as follows:
Section L Section 1 -7 -3 of Title 1 of the City Code is hereby amended by deleting
paragraphs B and C thereof in their entirety and replacing said paragraphs with the following:
`B. Bids for all Contracts for Services of Materials Over $20, 000:
1. Advertising for Bids: Except as otherwise provided herein, all
contracts of whatever nature for labor, services or work, and for
the purchase or lease of materials or supplies involving amounts in
excess of $20,000 made by or on behalf of the city shall be let to
the lowest responsible bidder following notice as required in the
following subsections:
a. Notice shall be published in a newspaper of general circulation
throughout the city at least once which publication shall be at least
fifteen (15) days prior to the time designated for opening bids. The
notice shall include a general description of the article or service
desired, shall state the time, date and place of bid opening, and
shall designate where bidding documents may be obtained.
b. All purchases or contracts to be let shall be noticed by posting
on the public bulletin board in the city hall.
2. Bidding Procedures:
a. Bidder's Security: All bids must be sealed and, in the case of
contracts for construction of municipal buildings or facilities or for
labor, shall be accompanied by security, either cash, cashier's
check certified check or surety bond, in a sum equal to ten percent
(10 %) of the total aggregate of the bid. The successful bidder shall
forfeit his bid security upon such bidder's failure or refusal to
execute the contract within the time designated in the bid
documents. The city council, in such event, may award the
contract to the new lowest responsible bidder.
b. Other Bond Requirements: A faithful performance bond, labor
and material bond and other bonds may be required by the city
council in amounts reasonably necessary to protect the city's
interests in obtaining the services or work involved. If bonds are
required, the form and amount thereof shall be designated in the
notice inviting bids.
c. Bid Opening Procedures: All bids shall be submitted to the city
clerk, who shall safeguard them in a sealed condition until the time
noticed for public bid opening. At the time and place stated in the
public notices, the city clerk or designee shall publicly open all
bids. The tabulation of all bids or copies of bids received shall be
available for public inspection in the clerk's office for a period of
not less than thirteen (13) days after the bid opening.
d. Award of Contracts:
1. Lowest Responsible Bidder: The city council may make an
award of contract to the lowest responsible bidder. If considered to
be in the best interest of the city, selected portions of the lowest
responsible bid may be accepted and award made accordingly. In
the alternative, the city council may either reject all bids and
readvertise or authorize the city itself to perform the work and
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directly acquire the items desired in accordance with the
immediately following provision.
2. Direct Method: After bids are rejected or if no bids are
received, the city council, by resolution and act of majority vote of
the council, including the mayor, may authorize the work done by
city personnel and equipment or may authorize the purchase of the
material and equipment for services involved on the open market
without complying with the requirements of this section, provided
that the city council reserves competent information or data that
the city itself is capable of completing the project involved in a
more satisfactory or economical manner or that the materials,
equipment or services may be purchased more economically on the
open market.
e. Tie Bids: If two (2) or more bids are received which are in all
respects equal, the contract shall be awarded to the bidder
maintaining a place of business in the city. However, if all or none
of said bidders maintain a place of business in the city, then the
contract shall be awarded by drawing lots.
3. Exemptions from Bidding Requirements:
a. Notwithstanding any provisions of this section to the contrary,
the competitive bidding procedures and requirements may be
dispensed with in any of the following instances:
(i) When a commodity being purchased is standardized in a
manner to be compatible with equipment or articles in existing city
use and in order to obtain more function or economic use from
such existing equipment or articles, together with such commodity.
(ii) When in public session, the city council has received
competent information, data and sworn testimony supporting the
facts that the product or service desired is provided only by one
person or firm.
(iii) The city council may authorize the purchase of materials,
supplies, equipment and services or may order work performed by
the city upon a finding of support by competent information or
data that such purchase or work is urgent and immediately
necessary for the preservation of life, health and property. The
term "urgent and immediately" as used herein shall be deemed to
mean threatening to happen at once, such as an impending danger
or calamity.
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(iv) When an agreement involves acquisition of services,
equipment or any agreement entered into with another
governmental entity.
(v) The city may award a renewal or extension of an existing
contract or agreement with any supplier or vendor of services,
equipment, materials or work performed by or on behalf of the city
in the event that the city is satisfied with the past performance of
the entity providing said service, equipment or work. In the event
the city council wishes to make a renewal or extension of an
existing agreement with the city, no competitive bidding shall be
required by the city council by a vote of the majority of the
aldermen then holding office. Nothing contained herein shall be
interpreted to restrict the power of the city to amend the terms of
any existing agreement upon renewal or extension thereof so long
as the city council passes a resolution approving the terms of any
amendment or modification of an existing agreement.
(vi) The city may award any contract or approve any purchase of
materials without advertising for bids if authorized by 2/3 of the
aldermen then holding office.
C. Bids for all Contracts for Services of Materials $5, 000 to $19,999:
1. Soliciting Quotes: Except as otherwise provided herein, all
contracts of whatever nature for labor, services or work, and for
the purchase or lease of materials or supplies involving amounts
from $5,000 to $19,999 made by or on behalf of the city shall be
let to the lowest responsible bidder as required in the following
subsections:
a. No expenditures for labor services or work for the purchase or
lease of materials or supplies may be made unless the cost thereof
was included in the budget of the city department requesting such
expenditure.
b. Solicitation for quotes shall be in writing to all businesses
located within the city boundaries providing such labor, services or
work or manufacturing, selling or distributing the materials or
supplies which have registered with the city as hereinafter
provided and any other business known to the city or previously
utilized by the city.
c. Purchase order form, written bids and council approval of the
expenditure shall be required.
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d. For purpose of soliciting and obtaining quotes, e-mail shall
constitute a writing in addition to any other hand written or type
written communication.
D. Registration of City Businesses:
1. All businesses located within city boundaries shall have the
right, but not the obligation, to register with the city clerk on a
form provided by the city clerk, itemizing all of the services or
materials provided by such business and stating a contact person,
e -mail address or such other method for communication or
correspondence as deemed sufficient to permit such business to
submit a quote to the city for the provision of services or materials.
E. Expenditures Under $5,000:
1. Every contract or purchase involving an expenditure less than
$5,000 but more than $1,000 shall be made by purchase order and
signed by the department had.
2. All expenditures under $1,000 shall require the approval of the
department head and a receipt for such expenditure from the
provider or seller."
Section 2: This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
k3 day of '(NN, C , , A.D. 2008.
b
ROBYN SUTCLIFF JOSEPH BESCO
ARDEN JOE PLOCHER c WALLY WERDERICH t3
GARY GOLINSKI MARTY MUNNS
ROSE SPEARS
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APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this ( 6 day of M A y , A.D. 2008.
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Mayor
Attest:
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