Ordinance 2020-33 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS,
AMENDING THE YORKVILLE CITY CODE, TITLE 1, CHAPTER 7, SECTION 3:
CONTRACTS AND PURCHASES
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 261 day of May,2020
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County, Illinois on June 25,2020.
Ordinance No. 2020-33
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS,AMENDING THE YORKVILLE CITY CODE, TITLE 1, CHAPTER 7,
SECTION 3: CONTRACTS AND PURCHASES
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, Title 1, Chapter 7, Section 1-7-3 of the Yorkville City Code, establishes
procedures for all purchases and contracts to be accepted by the City; and,
WHEREAS,the Mayor and the City Council(the"Corporate Authorities")have reviewed
the procedures for contracts and purchases and have determined that it is in the best interest of the
City and its residents to amend Title 1, Chapter 7, Section 1-7-3 of the Yorkville City Code to
provide for procurement of all goods and services required by the City.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the United
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. That Section 1-7-3 of the Yorkville City Code, be and is hereby deleted in its
entirety and the following added in its stead:
"1-7-3: CONTRACTS AND PURCHASES:
A. Definitions: The expression "lowest responsible bidder", as used in this section and in the
City's bidding documents, shall be deemed to mean the lowest bidder whose offer best
represents in quality, fitness and capacity the requirements of the proposed work or usage.
B. Bids For All Contracts For Services Of Materials Over Twenty Five Thousand Dollars:
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 twenty five thousand dollars ($25,000.00) made by or on
behalf of the City shall be let to the lowest responsible bidder following notice as
required in the following subsections:
Ordinance No.2020-33
Page 2
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:
i. 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 directly acquire the items desired in accordance
with the immediately following provision.
ii. 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
Ordinance No. 2020-33
Page 31
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 within 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.
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
Ordinance No.2020-33
Page 4
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 two-thirds (2/3) of the
Aldermen then holding office.
C. Cooperative Procurement:
1. Authority:
When deemed in the best interest of the city by the city administrator, supplies, services or
construction may be procured pursuant to a cooperative purchasing agreement in accordance
to the Governmental Joint Purchasing Act, 30 Illinois Compiled Statutes 525/1 et seq., as
amended.
2. Cooperative Purchasing:
The city may participate in, sponsor, conduct, or administer a cooperative purchasing
agreement for the procurement of any supplies, services, or construction with one or more
governmental units in accordance with a formal agreement entered into by the participants.
Such cooperative purchasing may include but is not limited to,joint or multi-party contracts
between public procurement units and open-ended public procurement unit contracts that are
made available to other governmental units.
3. Competition:
All cooperative purchasing conducted under this subsection shall be through contracts
awarded through full and open competition, including use of source selection methods
substantially equivalent to those specified in Subsection 1-7-3(B) of this Code.
D. Surplus Property:
1. Real Property:
In the City has either (1) adopted an ordinance to sell surplus real estate pursuant to
Sectionl 1-76-4.2 of the Illinois Municipal Code, 65 ILCS 5/1-1-1 et. seq.(the "Illinois
Municipal Code") and has received no bid; or, (2) adopted a resolution to sell surplus real
estate under Section 11-76-4.1 of the Illinois Municipal Code and has received no acceptable
offer within six (6) months after adoption of the resolution, then that parcel of surplus real
estate may be sold in the following manner.
If the City has an unemployment rate higher than the national average for at least one (1)
month during the six (6) months preceding an ordinance adopted to sell surplus real estate
Ordinance No.2020-33
Page 5
and the City has not received an acceptable offer within six (6) months of the date of the
resolution authorizing the sale, then the City Council may, by resolution, authorize the sale of
surplus public real estate in any of the following manners:
a. by the staff of the municipality;
b. by listing with local licensed real estate agencies; or
c. by public auction.
The terms of the sale, the compensation of the agent, if any, the time and the place of the
auction, if applicable, a legal description of the property and its size, use and zoning shall be
included in the resolution. The resolution shall be published once each week for three (3)
successive weeks in a daily or weekly newspaper published in the municipality or, if none, in
a newspaper published in the county in which the municipality is located. No sale may be
conducted until at least thirty (30) days after the first publication. The corporate authorities
may accept any offer or bid determined by them to be in the best interest of the municipality
by a vote of three-fourths (3/4) of the corporate authorities then holding office.
2. Personal Property:
Pursuant to Section 11-76-4 of the Illinois Municipal Code, whenever the City owns any
personal property which is no longer necessary or useful to or in the best interests of the City
to retain with a residual value of less than $5,000, the City Administrator is authorized to sell
or dispose of such property by any method the City Administrator deems to be in the best
interests of the City, including not limited to:
a. Competitive sealed bidding;
b. Donation;
c. Recycling Company;
d. Public auction;
e. Trade-in, when the City Administrator or his or her designee determines the trade-in
value is expected to exceed the value estimated to be obtained through the sale of
such supplies; or
f. Disposal, when the City Administrator or his or her designee determines that surplus
supplies have no resale value, or that the cost of transportation, storage, and sale of
said supplies will exceed the anticipated sale value.
Any personal property which has a residual value in excess of$5,000 shall be sold or
disposed of pursuant to any one of the methods set forth above as recommended by the City
Administrator and approved by the City Council.
Surplus property shall not be made available to any elected or appointed official or employee
of the City, unless through a public auction or competitive sealed bidding process."
Section 2. Resolution 2005-05 adopted January 25, 2005 regarding surplus property is
hereby repealed.
Ordinance No. 2020-33
Page 6
Section 3. This Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
26t" day of May, A.D. 2020
do� &A—�
City Clerk
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this SA day of J LWE , A.D. 2020. 4�
Mayor
Attest:
0�
City Clerk
Ordinance No.2020-33
Page 7