G70-09 AN ORDINANCE Ordinance No. G70-09
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AMENDING TITLE 5 OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED,
ENTITLED "PROCUREMENTS"
WHEREAS, as a home rule unit, the City of Elgin may exercise any power and perform
any function pertaining to its government and affairs; and
WHEREAS, regulations relating to procurements for the city pertain to the government
and affairs of the city; and
WHEREAS, the City of Elgin has previously adopted a procurement ordinance provided
for in Title 5 of the Elgin Municipal Code, 1976, as amended, entitled "Procurements".. and
WHEREAS, the city has determined that it is appropriate to further amend such
ordinance as hereinafter set forth.
NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ELGIN, ILLINOIS:
Section 1. That Section 5.04.086 of the Elgin Municipal Code, 1976, as amended,
• entitled "Small Purchase" be and is hereby further amended to read as follows:
"5.04.086: SMALL PURCHASE:
"Small purchase" means a purchase or group of related purchases by a using department
not exceeding twenty thousand dollars ($20,000.00)."
Section 2. 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:
5.06.030: PAYMENT OF OBLIGATIONS:
All bills payable by the city other than for the payment of amounts not exceeding twenty
thousand dollars ($20,000.00), 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 twenty
thousand dollars ($20,000.00), 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."
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Section 3. That Section 5.10.010 of the Elgin Municipal Code, 1976, as amended;
• entitled "Exception to Competitive Bid Requirements; Conditions for Use" be and is hereby
further amended by amending the introductory paragraph thereof to read as follows:
"5.10.010: Exceptions to Competitive Bid Requirements; Conditions or Use:
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 twenty thousand dollars ($20,000.00), 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:"
Section 4. That Section 5.12.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Contracting for Designated Professional Services" be and is hereby further amended by
amending subparagraph A thereof entitled "Authority" to read as follows:
"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 twenty thousand
dollars ($20,000.00) shall select them in accordance with the selection procedures
specified in this chapter."
• Section 5. That Section 5.14.020 of the Elgin Municipal Code, 1976, as amended,
entitled "Sole Source Procurement" be and is hereby further amended to read as follows:
"5.14.020: SOLE SOURCE PROCUREMENT:
A contract over twenty thousand dollars ($20,000.00) may be authorized by the city
council without competition when the purchasing director or the head of the using
department determines in writing, 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 twenty thousand dollars ($20,000.00) shall be maintained as a
public record and shall list each contract, and a listing of the item(s) procured under each
contract."
Section 6. That Section 5.16.010 entitled "General". Section 5.16.020 entitled
"'Procedures" and Section 5.16.030 entitled "Award" of the Elgin Municipal Code, 1976, as
amended, be and are hereby further amended to read as follows:
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5.16.010: GENERAL:
Any contract not exceeding twenty thousand dollars ($20;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 artificially or arbitrarily divided so as to constitute a small purchase under
this chapter.
5.16.020 PROCEDURES:
Any contract not exceeding twenty thousand dollars ($20,000.00) shall include a source
selection process as determined by the head of the using department or the purchasing
director as is reasonably required to ensure the city is receiving the contract at a
reasonable price from a responsible offerer.
5.16.030: AWARD:
Any contract not exceeding twenty thousand dollars ($20,000.00) may be made by the
city manager or his designee. Any contract exceeding twenty thousand dollars
($20,000.00) shall be authorized by the city council before award except as otherwise
provided in this title."
• Section 7. That all ordinances or parts of ordinances in conflict with the provisions of
this ordinance be and are hereby repealed.
Section 8. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Schock, Mayor
Presented: December 16, 2009
Passed: December 16, 2009
Omnibus Vote: Yeas: 7 Nays: 0 .
Recorded: December 17, 2009
Published: December 18 2009 '
Attest:
Diane Robertson. Cit Clerk
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