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HomeMy WebLinkAboutG14-02 r CITY OF ELGIN ORDINANCE NO. G14-02 AN ORDINANCE AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PROCUREMENTS" PASSED BY THE CITY COUNCIL OF THE CITY OF ELGIN ON THIS 13TH DAY OF FEBRUARY 2002 Published in pamphlet form by authority of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, on this 14th day of February 2002. rik STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) CERTIFICATE I, Dolonna Mecum, certify that I am the duly appointed and acting municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois. I further certify that on February 13, 2002, the Corporate Authorities of such municipality passed and approved Ordinance No. G14-02, which provided by its terms that it should be published in pamphlet form. The pamphlet form of Ordinance No. G14-02, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building commencing on February 14, 2002, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection ra" upon request in the office of the municipal clerk. DATED at Elgin, Illinois, on February 14, 2002. F7.79-414„.. Municipal Clerk (SEAL) Ordinance No. G14-02 AN ORDINANCE AMENDING TITLE 5 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED, ENTITLED "PROCUREMENTS" WHEREAS, the City Council of the City of Elgin has determined that it is necessary and desirable to amend the city' s procurement ordinance; and WHEREAS, the City of Elgin is a home rule municipality as defined in Article 7, Section 6a of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the adoption of an ordinance amending the regulation and procedures for the procurement of supplies, services and construction pertains to the government and affairs of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Section 5 . 02 010 of the Elgin Municipal Code, 1976, as amended, entitled "Purpose" be and is hereby further amended to read as follows : "5.02 .010 PURPOSE. The purpose of this ordinance is to provide for the fair and equitable treatment of all persons involved in public purchasing by the city of Elgin, to maximize the purchasing value of public funds in procurement, to obtain the best value for using departments, and to provide safeguards for maintaining a procurement system of quality and integrity. " Section 2 . That Section 5 . 02 . 020 of the Elgin Municipal Code, 1976, as amended, entitled "Application and Exclusions" be and is hereby further amended by amending Subparagraph B thereof to read as follow: "B. Exclusions . This ordinance shall not apply to (1) any collective bargaining agreement or employment contracts to which the city is a party; (2) any purchase, sale or lease of real property to which the city is a party except as otherwise provided in Chapter 5 . 18 Leases for Designated City Facilities and ribk 1 e".. except for investigatory procedures provided in Chapter 5 . 22 Real Estate Acquisitions; (3) Purchase of Service Agreements; (4) contracts involving city grant or incentive programs; (5) development agreements; (6) contracts with or purchases from another governmental entity; (7) purchases made pursuant to any joint purchasing program sponsored by the state or other governmental agency or association; (8) special assessments or other procurements controlled by statutory provision; and (9) contracts authorized by a vote of two/thirds of all members of the city council then holding office upon a finding by the city council that an exception to the requirements of the procurement ordinance is necessary and in the best interests of the city. " Section 3 . That Chapter 5 . 02 of the Elgin Municipal Code, 1976, as amended, entitled "General Provisions" be and is hereby further amended by adding a new Section 5 . 02 . 030 thereto entitled "Purchasing Manual" to read as follows : "5 .02 .030 PURCHASING MANUAL. The Purchasing Director is authorized to prepare and issue a city purchasing manual providing administrative guidance in carrying out the requirements of this title. /�"► In the event of any conflict between the provisions of this [ title and the provisions of the city' s purchasing manual, the provisions of this title shall control . " Section 4 . That Chapter 5 . 04 of the Elgin Municipal Code, 1976, as amended, entitled "Definitions" be and is hereby further amended to read as follows : "Chapter 5 .04 DEFINITIONS "5.04 .005 DEFINITIONS GENERALLY. Unless specifically defined below, the words or phrases in this ordinance shall be interpreted in accordance with the definitions contained in Webster' s Dictionary. 5.04.010 ARCHITECTURAL SERVICES. "Architectural Services" means any professional service as defined in Section 5 of the Illinois Architectural Practice Act of 1989 (225 IL/CS 305/5) as amended. 2 fist 5 .04.015 BEST VALUE. "Best Value" means factors, in addition to price, that determine the value of an offer, including but not limited to economic value, timely performance, customer service, public benefit, and life-cycle analysis . 5.04 .020 CHANGE ORDER. "Change Order" means a change in a contract term other than as specifically provided in the contract which authorizes or necessitates any increase in the cost of the contract or the time to completion by thirty (30) days or more . 5.04.025 CONSTRUCTION. "Construction" means the process of building, altering, repairing, improving, or demolishing any public structure or building, or other public improvements of any kind to any public real property. It does not include the routine operation or routine maintenance of existing structures, buildings, or real property. 5.04 .030 CONTRACT. "Contract" means all types of city of Elgin agreements, regardless of what they may be called, for the procurement of supplies, services, or construction. 5.04 .035 CONTRACTOR. "Contractor" means any person having a contract with the city of Elgin. 5.04. 036 DAY. "Day" means a calendar day. 5 .04.040 EMPLOYEE. "Employee" means an officer or other individual drawing a salary or wages from the city of Elgin, whether elected or not; any noncompensated individual performing personal services for the city of Elgin or any department, agency, commission, council, board, or any other entity established by the executive or legislative branch of the city of Elgin. 5.04.045 ENGINEERING SERVICES. "Engineering Services" means any professional service as defined in Section 4 of the Professional Engineering Practice Act of 1989 (225 IL/CS 325/4) as amended or Section 5 of the Structural Engineering Licensing Act of 1989 (225 IL/CS 340/5) as amended. 3 -It 5.04.050 INVITATION FOR BIDS. "Invitation for Bids" means all documents, whether attached or incorporated by reference, used for soliciting sealed bids . 5.04.055 LAND SURVEYING SERVICES. "Land surveying services" means any professional service as defined in Section 5 of the Illinois Professional Land Surveyor Act of 1989 (225 IL/CS 330/5) as amended. 5 .04.060 PERSON. "Person" means any business, individual, union, committee, club, other organization, or group of individuals . 5 .04 .065 PROCUREMENT. "Procurement" means the buying, purchasing, renting, leasing, or otherwise acquiring of any supplies, services, or construction. It also includes all functions that pertain to the obtaining of any supply, service, or construction, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and all phases of contract administration. 5 .04.066 PURCHASE OF SERVICE AGREEMENT. "Purchase Of Service Agreement" means an agreement between the city and a person, the purpose of which is to carry out a public purpose of support or stimulation instead of procuring supplies or services for the benefit or use of the City. 5 .04 .070 REQUEST FOR PROPOSALS. "Request for Proposals" means all documents, whether attached or incorporated by reference, utilized for soliciting proposals . 5 .04.075 RESPONSIBLE BIDDER OR OFFERER. "Responsible Bidder or Offerer" means a person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. 5 .04 .080 RESPONSIVE BIDDER. "Responsive Bidder" means a person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids . 4 5.04 .085 SERVICES. tow "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance . This term shall not include employment agreements or collective bargaining agreements . 5.04.086 SMALL PURCHASE. "Small Purchase" means a purchase or group of related purchases by a using department not exceeding $10, 000 . 5.04 .090 SPECIFICATIONS. "Specifications" means any description of the physical or functional characteristics or of the nature of a supply, service, or construction item. It may include a description of any requirement for inspecting, testing, or preparing a supply, service, or construction item for delivery. 5 .04.095 SUPPLIES. "Supplies" means all property, including but not limited, to equipment, materials, printing, and insurance, excluding real estate or a permanent interest in real estate . 5 .04.100 USING DEPARTMENT. "Using department" means the city department requiring or utilizing the procurement of a particular supply, service or construction. " Section 5 . That Section 5 . 06 . 010 of the Elgin Municipal Code, 1976, as amended, entitled "Entry Into Contracts" be and is hereby further amended to read as follows : "5.06 .010 ENTRY INTO CONTRACTS. All contracts of the city of Elgin shall be authorized by the city council before award except as otherwise provided in this Title. No contract shall be made and no expense shall be incurred unless a budget appropriation or supplemental budget appropriation has previously been made for the subject matter of the contract or expense . " Section 6 . That Section 5 . 06 . 020 of the Elgin Municipal Code, 1976, as amended, entitled "Change Orders" be and is hereby further amended to read as follows : "5 .06.020 CHANGE ORDERS. All changes orders to city contracts shall be in writing and except as provided herein shall be submitted to the city council for authorization. Change orders or a 5 series of change orders which authorize or necessitate an fob' increase or decrease in either the cost of a contract by a total of $10, 000 or more or the time of completion by a total of thirty (30) days or more shall comply with the requirements of 720 ILCS 5/33E-9, as amended. The city manager shall have the authority to authorize change orders in an amount not exceeding $10, 000 per change order or increasing or decreasing the time of completion by a total of not exceeding ninety (90) days, provided, however, change orders approved by the city manager for a contract shall not exceed ten percent (10%) of the original contract amount . A change order shall not be artificially or arbitrarily divided so as to be limited to an amount which may be authorized by the city manager. All change orders which have not been approved by the city council shall be reported in writing monthly to the city council . " Section 7 . That Section 5 . 06 . 025 of the Elgin Municipal Code, 1976, as amended, entitled "Exclusion of Public Construction Contract Act" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : "5 .06 .025 EXCLUSION OF PUBLIC CONSTRUCTION CONTRACT ACT. The provisions of the Public Construction Contract Act (30 ILCS 557/1 et seq. ) (Public Act 91-647) , as amended, shall not apply to any city contract . In lieu thereof, the provisions of this section shall apply to city contracts . Unless otherwise specifically provided for in a city contract no claim whatsoever will be allowed to the contractor for changes, extra work, or material not included in a contractor' s original bid, or for a greater amount of money than the contract states is to be paid, based upon a claim relating to subsurface or latent physical conditions, or unknown physical conditions at the site . A contractor shall be responsible for making a careful examination of the site of proposed work, the bid documents, the specifications, general conditions, plans, special provisions and contract forms before submitting his bid. The contractor is responsible for fully informing himself as to the quality and quantity of materials required and the character of work to be performed, including but not limited to, any matters relating to subsurface or latent physical conditions, or unknown physical conditions at the site . The contractor shall further make an investigation of the site prior to submitting his bid. " Section 8 . That Section 5 . 06 . 030 of the Elgin Municipal Code, 1976, as amended, entitled "Payment of Obligations" be and is hereby further amended to read as follows : 6 "5 .06 .030 PAYMENT OF OBLIGATIONS. emw All bills payable by the city other than for the payment of amounts not exceeding $10, 000, payments arising out of contracts previously approved by the city council, and salaries established by the city council shall be submitted to the city council for approval before payment . The city manager, or his duly authorized representative, may approve for payment any bill in an amount not exceeding $10, 000, payments arising out of contracts previously approved by the city council and salaries established by the city council . All payments which have not been approved by the city council shall be reported in writing monthly to the city council . " Section 9 . That Chapter 5 . 08 of the Elgin Municipal Code, 1976, as amended, entitled "Source Selection-Competitive Sealed Bidding" be and is hereby further amended to read as follows : "Chapter 5.08 SOURCE SELECTION-COMPETITIVE SEALED BIDDING 5.08 .010 CONDITIONS FOR USE. All contracts of the city of Elgin shall be awarded by competitive sealed bidding except as otherwise provided in (Pk Chapters 5 . 10 Competitive Sealed Proposals, 5 . 12 Contracting for Designated Professional Services, 5 . 14 Sole Source, 5 . 16 Small Purchases, 5 . 18 Leases for Designated City Facilities, 5 . 20 Emergency Procurements, 5 .21 Surplus Property Disposition and, 5 .23 Real Estate acquisition. 5.08.020 INVITATIONS FOR BIDS. Invitation for bids shall be issued by the purchasing director and shall include any and all contractual terms and conditions applicable to the procurement . Except as otherwise specifically authorized by the city council, no invitation for bids shall be issued unless a budget appropriation or supplemental budget appropriation has previously been made for the subject matter of the invitation for bids . 5. 08. 030 PREQUALIFICATION OF BIDDERS. When the purchasing director determines in writing that the use of a prequalification process to prequalify bidders is necessary and desirable to determine the responsibility of prospective bidders, the purchasing director and the head of the using department may implement and utilize a prequalification process to prequalify bidders for a particular contract . 7 5.08 .040 PUBLIC NOTICE. Public notice of the invitation for bids shall be published at least ten (10) days in advance of the date announced for the receiving of bids, in a secular English language daily newspaper of general circulation throughout the city and shall simultaneously be posted on readily accessible bulletin boards in the office of the purchasing director. The purchasing director may place additional announcements in recognized trade journals . The purchasing director shall also solicit sealed bids from responsible prospective suppliers who have requested their names to be added to the bidder' s list which the purchasing director shall maintain, by sending them a copy of the notice . The purchasing director may remove from the bidders list any potential bidders that the purchasing director has determined to have become inactive bidders . Advertisements for bids shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself, or by reference to detailed plans and specifications on file at the time of the publication of the first announcement . Such advertisement shall also state the date, time and place assigned for the opening of bids, and no bids shall be received at any time subsequent to the time indicated in the announcement . The purchasing director shall inform all parties who have received bid solicitations of any specification changes or bid opening extensions by sending written notice thereof via U.S . mail, or facsimile transmission if time constraints require . If an extension of time is granted for the opening of such bids, such extension shall not be less than five (5) days after notice thereof . 5.08.050 BID BONDS. Unless otherwise required by law, a cashier' s check, a certified check, or a bid bond with adequate surety licensed in the State of Illinois and approved by the purchasing director as a deposit of good faith, in an amount of not to exceed 10% of the contract may be required of each bidder by the purchasing director on all bids . Bid checks shall be returned to the unsuccessful bidders within sixty (60) days of bid opening or within such time as specified in the invitation for bids . A successful bidder shall forfeit his bid deposit upon failure on his part to enter a contract within ten (10) days or such time as is specified in the Invitation for Bids after the award. In his sole discretion, the purchasing director may return the bid deposit when it is determined that such successful bidder' s failure to enter a contract did not cause any damage to the city. 8 5 .08.060 COLLUSION AMONG BIDDERS AND DISCLOSURES. toft Any agreement or collusion among bidders or prospective bidders to bid a fixed price or to otherwise restrain freedom of competition by agreement, shall render the bids of such bidders void. Each bidder shall accompany his bid with a written sworn statement to the effect that no such agreement or collusion took place and a certification that the bidder is not barred from contracting with any unit of state or local government as a result of a violation of 720 Illinois Compiled Statutes, Sections 5/33E-3 or 5/33E-4 , as amended. Any disclosure to potential bidders of the terms of the bids submitted in response to an advertisement, made by the purchasing director or user department in advance of the opening of bids, shall render the proceedings void and shall require re-advertisement or re-award. 5.08. 070 BID OPENING. Bids shall be opened in the presence of one or more witnesses at the time and place designated in the invitation for bids . The amount of each bid, and such other relevant information as the purchasing director deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection. 5.08.080 BID ACCEPTANCE AND BID EVALUATION. [ Bids shall be unconditionally accepted without alteration or correction, except as authorized in this ordinance. Bids shall be evaluated by the purchasing director or the using department considering the principles of best value reflected in the requirements set forth in the invitation for bids, which may include criteria to determine acceptability such as inspection, testing, quality, workmanship, delivery, and suitability for a particular purpose . Those criteria that will affect the bid price and be considered in evaluation for award shall be objectively measurable, such as discounts, transportation costs, and total or life cycle costs . The invitation for bids shall set forth the evaluation criteria to be used. No criteria may be used in bid evaluation that are not set forth in the invitation for bids . Evaluations shall be submitted to the city council by the city manager. 5 .08 .090 EVALUATION OF RESPONSIBILITY. As part of the bid evaluation process, the purchasing director or the using department shall evaluate the responsibility of each bidder. To be judged responsible, a bidder must have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, tow 9 facilities, equipment, and credit which will assure good tom- faith performance. Evaluations of the responsibility of bidders shall be submitted to the city council by the city manager. 5.08.100 CORRECTION OR WITHDRAWAL OF BIDS; WAIVER OF MINOR INFORMALITIES, CANCELLATION OF AWARDS. Correction or withdrawal of inadvertently erroneous bids before or after bid opening, or cancellation of awards or contracts based on such bid mistakes, may be permitted where appropriate . Mistakes discovered before bid opening may be modified or withdrawn by written or telegraphic notice received in the office designated in the invitation for bids prior to the time set for bid opening. After bid opening, corrections in bids shall be permitted only to the extent that the bidder can show by clear and convincing evidence that a mistake of a nonjudgmental character was made, the nature of the mistake, and the bid price actually intended. After bid opening, no changes in bid prices or other provisions of bids prejudicial to the interest of the city of Elgin or fair competition shall be permitted. In lieu of bid correction, a low bidder alleging a material mistake of fact may be permitted to withdraw its bid if in the city' s sole discretion: A. The mistake is clearly evident on the face of the bid document but the intended correct bid is not similarly evident; or B. The bidder submits evidence which clearly and convincingly demonstrates that a mistake was made . All decisions to permit the correction or withdrawal of bids, or to cancel awards or contracts based on bid mistakes, shall be supported by a written determination made by the purchasing director setting forth the basis for the determination. The purchasing director may allow a correction or waiver of a minor informality in a bid. Minor informalities are matters of form rather than substance and include clerical errors or minimal or insignificant mistakes that can be corrected without being prejudicial to the interests of fair competition. 5 .08 .110 ADJUSTMENT OF BID. In the event the low responsive and responsible bid for a construction project exceeds available funds as certified by the city manager or appropriate fiscal officer, the purchasing director or the head of the using department is authorized, when time or economic considerations preclude resolicitation of work of a reduced scope, to negotiate an adjustment of the bid price with the low responsive and (Pk 10 0/11,,, responsible bidder, in order to bring the bid within the amount of available funds . Any such negotiated adjustment shall be based only upon eliminating independent deductive items specified in the invitation for bids . ) 5.08 .115 NEGOTIATIONS . The purchasing director or using department may negotiate a change in any element of contract performance or cost, identified in the invitation for bids or the selected bidder' s bid response, that results in lower costs or in a more cost effective or better value for the City. Notwithstanding the above, no negotiation that is prejudicial to the interests of fair competition shall be permitted. The details of any negotiation shall be detailed in the award recommendation to the city council . 5.08 .120 WITHDRAWAL OF INVITATION FOR BIDS OR REQUESTS FOR PROPOSALS-PROCEDURE. An invitation for bids, a request for proposals as set forth under Chapters 5 . 10 or 5 . 12 , or other solicitation may be withdrawn, or any or all bids or proposals may be rejected in whole or in part as may be specified in the solicitation, when in the purchasing director' s sole discretion it is for good cause and in the best interests rft. of the city. The reasons therefor shall be made part of the contract file . Each solicitation issued by the city shall state that the solicitation may be withdrawn and any bid or proposal may be rejected in whole or in part for good cause when in the city' s sole discretion it is in the best interest of the city. Notice of withdrawal shall be sent to all businesses solicited. The notice shall identify the solicitation, explain the reason for withdrawal, and, where appropriate, explain that an opportunity will be given to compete on any resolicitation or any future procurements of similar items . 5 .08.130 AWARD OF CONTRACT. Upon city council approval, the purchasing director or the head of the using department shall notify the successful bidder with reasonable promptness by appropriate written notice . When the principal criterion of a proposed contract is price and the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the contract elsewhere shall be placed in the minutes of the council meeting and approved by the city council . 11 5 .08.140 SPLITTING OF PROCUREMENTS . PContract requirements shall not be artificially or arbitrarily split or divided for the purpose of evading a requirement of this chapter. 5 .08.150 PROPRIETARY SPECIFICATIONS . Unless no other matter of description suffices and the purchasing director so determines in writing setting forth the basis for the determination, all specifications shall be written in a manner that describes the requirement to be met without having the effect of exclusively requiring a proprietary supply or service or a procurement from a sole source. " Section 10 . That Chapter 5 . 10 of the Elgin Municipal Code, 1976, as amended, entitled "Source Selection-Competitive Sealed Proposals" be and is hereby further amended to read as follows : "Chapter 5 .10 SOURCE SELECTION-COMPETITIVE SEALED PROPOSALS 5.10.010 EXCEPTION TO COMPETITIVE BID REQUIREMENTS- CONDITIONS FOR USE. eft When the purchasing director determines in writing that the use of competitive sealed bidding is either not practicable or not advantageous to the city of Elgin, a contract valued over $10, 000 may be entered into by use of the competitive sealed proposals method. Factors to be considered by the purchasing director in determining whether to use competitive sealed proposals in lieu of bids shall include: A. Whether there is sufficient time or information to prepare a written specification suitable for a competitive sealed bidding. B. Whether quality, availability, or capability is overriding in relation to price in procurements of supplies or services . C. Whether the marketplace will respond better to a solicitation permitting not only a range of alternative proposals, but evaluation and discussion of them before making the award. 5 .10 .020 REQUEST FOR PROPOSALS. Proposals shall be solicited through a request for proposals issued by the purchasing director. The request for proposals shall provide for the separate submission of price and shall indicate when and how the offerers shall submit the price and nonprice proposals . rft 12 5.10 .025 PREQUALIFICATION OF PROPOSERS. fek When the purchasing director determines in writing that the use of a prequalification process to prequalify proposers is necessary and desirable to determine the responsibility of prospective proposers, the purchasing director and user department may implement and utilize a prequalification process to prequalify proposers for a particular contract . 5 .10 .030 PUBLIC NOTICE. Public notice of the request for proposals shall be given in the same manner as provided in Section 5 . 08 . 040 Competitive Sealed Bidding, Public Notice . 5.10.040 RECEIPT OF PROPOSALS. No proposals shall be handled so as to permit disclosure of the contents of any proposal to competing offerers during the process of negotiation, provided however, interested parties may be provided RFP mailing lists . A register of proposals shall be prepared containing the name of each offerer. The register of proposals shall be open for public inspection. 5 .10 .050 EVALUATION OF FACTORS. The request for proposals shall state the relative importance of price and other evaluation factors . The non- price proposals shall be evaluated and ranked. A summary of the non-price proposal rankings shall be submitted to the purchasing director for approval of the report, at which time the cost proposals shall be released. 5 .10.060 DISCUSSION WITH RESPONSIBLE OFFERERS AND REVISIONS TO PROPOSALS. As provided in the request for proposals, discussions may be conducted with responsible offerers who submit proposals determined by the purchasing director to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and conformance to, the solicitation requirements . Offerers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers . In conducting discussions, there shall be no disclosure of the identity of competing offerers or of any information derived from proposals submitted by competing offerers . 5.10 .070 AWARD. The purchasing director or the head of the using department shall make a written determination of which 13 proposal is the most advantageous to the city of Elgin #`4. taking into consideration price and evaluation factors set forth in the request for proposals . No other factors or criteria shall be used in the evaluation. The city manager shall submit such written determination to the city council and request approval thereof and authority to award a contract therefor. Upon city council approval, award of the contract shall be made to the subject responsible offerer. " Section 11 . That Chapter 5 . 12 of the Elgin Municipal Code, 1976, as amended, entitled "Designated Professional Services" be and is hereby further amended to read as follows : "Chapter 5 .12 DESIGNATED PROFESSIONAL SERVICES 5.12 .010 EXCEPTION TO COMPETITIVE BID REQUIREMENTS. Contracts for the services of persons possessing a high degree of professional skill where the ability, fitness or special knowledge of the person plays an important part are by their nature not adapted to award by competitive bidding. Such services, including but not limited to those of architects, engineers, environmental consultants, construction managers, insurance administrators and l consultants, real estate appraisers, lawyers and expert witnesses shall not be subject to the competitive bidding requirements of this ordinance and shall be awarded in accordance with the procedures as authorized in this chapter. 5.12 .020 CONTRACTING FOR DESIGNATED PROFESSIONAL SERVICES. A. Authority. For the purpose of procuring the services of persons possessing a high degree of professional skill where the ability or fitness of the person plays an important part, any using department requiring such services anticipated to be over $10, 000 shall select them in accordance with the selection procedures specified in this chapter. B. Selection Procedure. 1 . Conditions for Use . Except as provided under Chapters 5 . 14 Sole Source Procurement, 5 . 16 Small Purchases and 5 .20 Emergency Procurements, the professional services described in Section 5 . 12 . 010 of this chapter shall be procured in accordance with this section. 2 . Statement of Qualifications . Persons engaged in providing the designated types of professional services may submit statements of qualifications and expressions of interest in providing such 14 professional services . Persons who file statements of qualifications with the city may at any time amend the statements of qualification by filing a new statement . A using department may specify the format for statements of qualifications . A using department may also issue requests for statements of qualifications either periodically or in an anticipation of a particular contract . A using department shall also not less than every two (2) years issue a public notice requesting statements of qualifications for designated professional services describing in general terms the types of professional services and projects anticipated by the using department over the next two (2) year period. Such a public notice shall be made as provided in Section 5 . 08 . 040 of this Chapter. The inclusion of a designated professional service or a project within such a public notice requesting statements for qualifications shall not be a prerequisite to the issuance of a request for proposals or the award of a contract for a designated professional service . 3 . Request for Proposals . Except as otherwise provided in this section, whenever a project requires the professional services described in Section 5 . 12 . 010, the using department shall issue a request for proposals to firms the head of the using department has determined to be best qualified to receive the request for proposals for the required professional services . The using department or the purchasing department may also issue a public notice of the need for such services through a request for proposals in the same manner as provided in Section 5 . 08 . 040 of this Chapter, provided, however, when the project involves the construction of a new city-owned building a using department or the purchasing department shall issue such a public notice . The request for proposals shall describe the services required, list the types of information and data required of each offerer, and state the relative importance of particular qualifications . Except as otherwise specifically authorized by the city council no requests for proposals for professional services shall be issued pursuant to this section unless a budget appropriation or supplemental budget appropriation is previously made for the subject matter of the request for proposals . r 15 4 . Discussions . The head of the using department topik utilizing the required professional services or a designee of such officer may conduct discussions with any persons or firms prior to issuing a request for proposals to obtain information and assistance in preparing requests for proposals . Interviews may also be conducted with any offerer who has submitted a proposal to determine such offerer' s qualifications for further consideration. The using department may consider, but shall not be limited to considering, ability of professional personnel, past record and experience, performance data on file, willingness to meet time requirements, location and workload of the offerer. Discussions shall not disclose any information derived from proposals submitted by other offerers . 5 . Award. The head of the using department utilizing the required professional services or a designee of such officer shall make a written determination as to which offerer is the best qualified based on the evaluation factors the using department has established for the particular service . If compensation can not be agreed upon with the best qualified offerer, then eimm. negotiations will be formally terminated with the selected offerer. If proposals were submitted by one or more other offerers determined to be qualified, negotiations may be conducted with such other offerer or offerers, in the order of their respective qualification ranking. The city manager shall submit such written determination to the city council and request approval thereof and authority to award a contract therefor. Upon city council approval, award of the contract shall be made to the subject responsible offerer. Notwithstanding the foregoing, in the event the city requires the services of an outside lawyer or expect witness for litigation against, effecting or on behalf of the city that has been filed or is pending before a court or administrative tribunal, or when such an action is probable or imminent, the corporation counsel shall make a determination as to which lawyer or expect witness is best qualified and thereupon may obtain on behalf of the city the services of the best qualified lawyer or expect witness . Any lawyers or expert witnesses so retained by the corporation counsel on behalf of the city shall be reported in writing to the city council . " eft 16 Section 13 . That Chapter 5 . 14 of the Elgin Municipal Code, 1976, as amended, entitled "Sole Source" be and is hereby further amended to read as follows : "Chapter 5 .14 SOLE SOURCE 5 .14 .010 EXCEPTION TO COMPETITIVE BID REQUIREMENTS. Contracts which by their nature are not adapted to award by competitive bidding such as contracts for supplies or parts which are available from only a single source, contracts for utility services such as water, electricity, gas, telephone or telegraphy, and contracts for the purchase of magazines, books, periodicals and similar articles of an educational or instructional nature shall not be subject to the competitive bidding requirements of this ordinance and may be awarded in accordance with the sole source procurement procedures authorized in this Chapter. 5 .14 .020 SOLE SOURCE PROCUREMENT. A contract over $10, 000 may be authorized by the city council without competition when the purchasing director or the head of the using department determines in writing, r after conducting a good faith review of available sources, that there is only one source for the required supply, service, or construction item. The purchasing director or the head of the using department shall conduct negotiations, as appropriate, as to price, delivery, and terms . A record of sole source procurements exceeding $10, 000 . 00 shall be maintained as a public record and shall list each contractor' s name, the amount and type of each contract, and a listing of the item(s) procured under each contract . " Section 14 . That Chapter 5 . 16 of the Elgin Municipal Code, 1976, as amended, entitled "Small Purchases" be and is hereby further amended to read as follows : "Chapter 5 .16 SMALL PURCHASES 5.16 .010 GENERAL. Any contract not exceeding $10, 000 . 00 may be made in accordance with the small purchase procedures authorized in this chapter. A small contract shall be awarded in accordance with the procedures in this chapter only where there is a legally separable and factually separated transaction. Contract requirements shall not be r 17 artificially or arbitrarily divided so as to constitute a eow. small purchase under this chapter. 5.16. 020 PROCEDURES. Any contract not exceeding $10, 000 . 00 shall include a source selection process as determined by the head of the using department or the purchasing director as is reasonably required to insure the city is receiving the contract at a reasonable price from a responsible offerer. 5 .16.030 AWARD. Any contract not exceeding $10, 000 may be made by the city manager or his designee. Any contract exceeding $10, 000 shall be authorized by the city council before award except as otherwise provided in this title . 5 .16 .040 REPORTS TO COUNCIL. All contracts and purchases under this chapter which have not been approved by the city council shall be reported in writing monthly to the city council . " Section 14 . That Section 5 . 18 . 010 entitled "General" and Section 5 . 18 . 020 entitled "Procedures" of the Elgin Municipal Code, 1976, as amended, be and are hereby further amended to read as follows : "5.18.010 GENERAL. Lease agreements with third parties for events to be conducted in the Hemmens Cultural Center, the Lords Park Pavilion or the Wing Park Bandshell and performance contracts for entertainment performances to be conducted in the Hemmens Cultural Center may be made by the city manager in accordance with the procedures authorized in this chapter. 5.18.020 PROCEDURES. The city manager or his designee shall be responsible for the initial negotiation of the lease agreements with third parties for events to be conducted in the Hemmens Cultural Center, the Lords Park Pavilion or the Wing Park Bandshell and performance contracts for entertainment performances to be conducted in the Hemmens Cultural Center. All such leases and performances contracts shall be forwarded to the corporation counsel for review and approval . All such performance contracts shall also be forwarded to the fiscal services manager for his determination as to whether a budget appropriation has previously been made and whether sufficient funds remain available for the proposed performance contract . Upon final approval by the corporation counsel and upon the fiscal services manager certifying in writing the existence of a 18 budget appropriation and sufficient remaining funds for performance contracts, such leases and performance contract shall be forwarded to the city manager for consideration of award and execution. " Section 15 . That Chapter 5 . 21 entitled "Surplus Property Disposition" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : "Chapter 5 .21 SURPLUS PROPERTY DISPOSITION. 5 .21.010 PROCEDURE TO IDENTIFY SURPLUS PROPERTY. All department heads shall periodically submit to the purchasing director and to the city manager, in such form as may be prescribed by the purchasing director, reports showing stocks of all supplies or materials which have become obsolete, worn out or otherwise no longer necessary, useful to or in the best interests of the city. The purchasing director is authorized, upon approval by the city manager, to transfer the surplus supplies or materials to another department requesting such supplies or materials . If supplies or materials are obsolete, worn out or otherwise no longer necessary, useful to or in the best interests of the city such supplies or materials may be declared to be surplus by the city manager and may be sold or disposed of in accordance with the provisions in this Chapter. The provisions of this Chapter do not apply to real property. 5.21.020 METHODS OF DISPOSITION OF SURPLUS PROPERTY. A using department, through the purchasing director, shall offer surplus supplies or materials for sale through public auction or established markets . The purchasing director may also list surplus supplies or materials as a trade-in with an invitation for bids or requests for proposals . The city manager may also dispose of surplus supplies or materials which have a fair market value of less than $1, 000 by conveying such surplus supplies or materials to a charitable organization or other non-for-profit organizations that have received a tax exemption from the United States . " Section 16 . That Chapter 5 .22 of the Elgin Municipal Code, 1976, as amended, entitled "Real Estate Acquisitions" be and is hereby further amended to read as follows : eok 19 "Chapter 5.22 REAL ESTATE ACQUISITIONS 5.22.010 REAL ESTATE ACQUISITIONS. The proposed acquisition of any interest in real estate shall be conducted pursuant to the procedure set forth in this chapter. 5.22 .020 PROCEDURE. The city manager or the city manager' s designee shall be responsible for the investigation and collection of information regarding the proposed acquisition of any interest in real estate according to the following procedures : A. A written appraisal shall be obtained from an appraiser certified by the State of Illinois. Such appraisal shall be based primarily upon the market approach to value. The appraiser shall be instructed to obtain photographs of the subject property and any improvements thereon. B. The city manager or the city manager' s designee shall prepare a written report which includes a summary of the appraisal and said report shall be submitted to the city council in executive session with any � recommendation for acquisition. " 44 Section 17 . That Chapter 5 .24 of the Elgin Municipal Code, 1976, as amended, entitled "Pecuniary Interests in Contracts" be and is hereby further amended to read as follows : "Chapter 5 .24 PECUNIARY INTERESTS IN CONTRACTS 5.24.010 PROHIBITION. A. The provisions of 65 ILCS 5/3 . 1-55-10, as amended, are hereby adopted to be applied to all city officers and full time employees and the members of any city officer' s or full time employee' s immediate family. For the purposes of this chapter members of any city officer or full time employee' s immediate family shall be defined to mean an officer' s or full time employee' s spouse or children. B. No city officer or full time employee or a member of any city officer or full time employee' s immediate family shall have an interest in any city contract, or an interest in the sale of any article or an interest in the purchase of any property which is prohibited 20 for a municipal officer as set forth in 65 ILCS 5/3 . 1- 55-10, as amended. 5.24 .020 PROHIBITIONS REGARDING FORMER OFFICERS OR EMPLOYEES. A. The prohibitions regarding pecuniary interests in contracts, an interest in the sale of any article or an interest in the purchase of any property as provided for in this Chapter shall also apply to all city officers and full time employees and the members of the immediate families of city officers and full time employees for a period of one (1) year from the date of termination of service or employment with the city. B. No city officer or full time employee shall, after termination of service or employment with the city, appear before any board, commission, committee or agency of the city in relation to any case, proceeding, application or contract in which he personally participated during the period of his service or employment, or which was under his active consideration, for a period of one (1) year from the date of termination of service or employment with the city. This prohibition shall not prevent former city officers or full time employees providing services to rek the city. 5.24 .030 VIOLATION-EFFECT. Any contract made and procured in violation of the provisions of this Chapter is void. " Section 18 . That Chapter 5 .26 of the Elgin Municipal Code, 1976, as amended, entitled "Appeals" be and is hereby further amended to read as follows : "Chapter 5.26 APPEALS 5 .26 .010 RIGHT TO PROTEST Any actual or prospective bidder, offerer, or contractor who as a result of a deviation from the provisions of this ordinance or other requirements of law is aggrieved in connection with the solicitation or award of a contract may protest to the purchasing director. A protest with respect to an invitation for bids or requests for proposals shall be submitted in writing to the purchasing director prior to the opening of bids or the closing date of proposals, unless the aggrieved person did not know and should not have known of the facts giving rise rm. 21 to such protest prior to bid opening or the closing date for proposals . Any protest shall be submitted within ten (10) calendar days after such aggrieved person knows or should have known of the facts giving rise thereto. Failure to file a protest within the time period specified in this section shall be deemed to constitute a waiver of the right to protest . Any protest shall specify the alleged deviation from the provisions of this ordinance or other requirements of law upon which the aggrieved party has based the appeal . The aggrieved person shall be given an opportunity to be heard by the purchasing director or his designee within ten (10) calendar days after receipt of any such notice of protest . The purchasing director shall determine whether the aggrieved person has established a deviation from the provisions of this ordinance or other requirements of law and shall sustain or deny the subject protest within five (5) business days following the conclusion of any such hearing. The purchasing director shall submit his finding and recommendation to the city manager for approval . The aggrieved person shall receive written notice of the city manager' s decision. 5.26.020 STAY OF PROCUREMENTS DURING PROTESTS. In the event of a timely protest submitted under this chapter, the city shall not proceed further with the eft solicitation or award of the contract until the decision by the city manager on the protest or until the city manager makes a written determination that the award of a contract without delay is necessary to protect substantial interests of the city. " Section 19 . That Chapter 5 . 28 entitled "Custody of Contracts" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows : "Chapter 5.28 CUSTODY OF CONTRACTS 5.28 .010 CUSTODY OF CONTRACTS. The purchasing director shall have custody of all contracts procured pursuant to this title and all bonds and insurance policies given to the city to secure such contracts . " Section 20 . That Chapter 5 . 30 entitled "Suspension" be and is hereby added to the Elgin Municipal Code, 1976, as amended, to read as follows: r 22 "Chapter 5 .30 SUSPENSION 5 .30.010 SUSPENSION. A. The purchasing director may suspend a person from doing business with the City. A suspension may be issued upon a showing the person violated the provisions of this title or failed to conform to specifications or other terms of a contract with the city. B. When the purchasing director finds cause exists for suspension, a notice of suspension, including a copy of the determination, shall be sent to the suspended person. Bids or proposals will not be solicited from the suspended person and, if received, will not be considered during the period of suspension. The city manager shall be informed of all suspensions . C. A person may be suspended for a period of time commensurate with the seriousness of the offense, but for no more than three years . The suspension will be effective ten (10) calendar days after receipt of notice unless an objection is filed. If an objection is filed, the suspension shall not become effective until the evaluation of the objection is completed. D. A person who is the subject of a notice of suspension from the purchasing director may file an objection to such proposed suspension with the city manager. An objection to a proposed suspension shall be submitted in writing to the city manager within ten (10) calendar days of such persons receipt of a notice of suspension. The objection to the proposed suspension shall specify the grounds for such objection. The person filing the objection to the proposed suspension shall be given an opportunity to be heard by the city manager or his designee within ten (10) calendar days after the filing of the objection to the proposed suspension. The city manager shall determine whether the proposed suspension shall be imposed. The person filing the objection to the proposed suspension shall receive written notice of the city manager' s decision. The purchasing department shall maintain a master list of all suspensions as a public record. Such records will be maintained for a period of at least three years following the end of the suspension. Such information may be considered in determining bidder responsibility. " Section 21 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby rft repealed. 23 + Section 22 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. cf� — _ ' Ed Schock, Mayor Presented: February 13 , 2002 Passed: February 13 , 2002 Omnibus Vote: Yeas : 7 Nays : 0 Recorded: February 14, 2002 Published: February 14, 2002 Attest : . 4_. Dolonna Mecum,�it Y Clerk eft rim. 24