G14-02 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