G16-97 . .
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Ordinance No. G16-97
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 it is necessary and desirable to amend the city' s
procurement ordinance by providing for an exception procedure
to the procurement ordinance upon a two/third majority vote of
the City Council, and by providing for an appeals process for
disputes relating to procurements; and
WHEREAS, the City of Elgin is a home rule municipality as
defined in Article VII , 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.
eift
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS :
Section 1 . 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 to
read as follows :
"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 except for investigatory procedures
provided in Chapter 5 . 22 Real Estate Acquisitions;
( 3 ) contracts with or purchases from another
governmental entity; (4 ) purchases made pursuant to
any joint purchasing program sponsored by the state
or other governmental agency; ( 5) special
assessments or other procurements controlled by
statutory provision; and ( 6 ) contracts authorized by
a vote of two/thirds of all members of the City
Council then holding office upon a finding by the
rft City Council that an exception to the requirements
of the procurement ordinance is necessary and in the
best interests of the city. "
e Section 2 . That the Elgin Municipal Code, 1976 , as
amended, be and is hereby further amended by adding Chapter
5 . 26 thereto 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 financed with
federal funds may protest to the city manager.
Aggrieved persons are urged to seek resolution of
their complaints initially with the purchasing
agent . A protest with respect to an invitation for
bids or requests for proposals shall be submitted in
writing to the city manager 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 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 .
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 city manager
or his designee within five ( 5) business days after
receipt of any such notice of protest. The city
manager 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 two
( 2 ) business days following the conclusion of any
such hearing. 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 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. "
emk Section 3 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are
hereby repealed.
Section 4 . That this ordinance shall be in full force
and effect from and after its passage and publication in the
manner provided by law.
Kevin Kelly, Mayo
Presented: April 9 , 1997
Passed: April 9 , 1997
Omnibus Vote: Yeas 6 Nays 0
Recorded: April 10, 1997
Published:
Attest :
Dolonna Mecum, City Clerk
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