(A) The Village Board shall have the duty, responsibility and power to enter into all contracts, make all expenditures, approve all change orders and reject bids.
(B) The Village Board delegates the authority to enter into all purchases and contracts for amounts not equaling or exceeding $25,000 to department heads, per the following restrictions:
(1) For amounts not exceeding $1,500, department heads must be able to document, upon request by the Comptroller, Mayor, and/or Village Board, that they selected the lowest priced of two comparable vendors/contractors.
(2) For amounts exceeding $1,500 but not exceeding $5,000, department heads must submit a written request for approval to the Comptroller, including documentation of prices from three comparable vendors/contractors. The expenditure cannot be made without the co-signature of the Comptroller.
(3) For amounts exceeding $5,000 but not exceeding $15,000, department heads must submit a written request for approval to the Comptroller, including documentation of prices from three comparable vendors/contractors. If the Comptroller gives written approval, the request must then be submitted to the Mayor. The expenditure cannot be made without signatures of both the Comptroller and the Mayor.
(4) For amounts exceeding $15,000 but not exceeding $25,000, department heads must submit a written request for the expenditure to the Comptroller, including three written proposals from comparable vendors/contractors. If the Comptroller gives written approval, the request must then be submitted to the Mayor. If the Mayor gives written approval, the request must then be submitted to the Village Board. The expenditure cannot be made without the approval of the Village Board and the signatures of both the Comptroller and the Mayor.
(C) The Village Board delegates the authority to enter into all purchases and contracts for amounts not equaling or exceeding $25,000 to the Mayor, per the following restrictions:
(1) For amounts not exceeding $5,000, the Mayor must be able to document, upon request by the Village Board, that the selected expenditure was the lowest priced of two comparable vendors/contractors.
(2) For amounts exceeding $5,000 but not equaling or exceeding $15,000, the Mayor must be able to document. upon request from the Village Board, that the selected expenditure was the lowest priced of three comparable vendors/contractors.
(3) For amounts exceeding $15,000 but not exceeding $25,000, the Mayor must submit a written request for the expenditure to the Village Board, including three written proposals from comparable vendors/contractors. The expenditure cannot be made without the approval of the Village Board.
(D) Any individuals to whom the Village Board delegated the authority to enter into purchases and contracts are also authorized to execute any and all documentation necessary to effectuate such purchases and contracts, provided all other prerequisites have been attained.
(E) No purchases or contracts shall be split into parts for the purpose of avoiding the requirements detailed in this section. Bulk purchases and interdepartmental purchases are encouraged in order to take advantage of quantity discounts.
(F) The Mayor or Comptroller will provide the Village Board with regular reports regarding contracts that have been entered into on the village's behalf. The Village Board must still approve any expenditures as required by applicable law.
(G) For all contracts exceeding $25,000, formal bids shall be obtained as provided in this division, and the contracts shall be awarded to the lowest responsible bidder. All such contracts must be co-signed by the Comptroller and Mayor.
(1) An invitation for bids shall be issued for contracts under this division and shall include specifications and all contractual terms and conditions applicable:
(a) Bids shall be obtained through the use of bidders’ lists and by publishing notice of an invitation for bids in a newspaper of general circulation throughout the village and on the village website and/or applicable trade publications, at least ten days, excluding Sundays and legal holidays, in advance of the due date announced in the invitation for bid selection (contracts between $25,000 to $50,000) or bid opening (contracts exceeding $50,000);
(b) All invitations for bids shall include the time, date, location of the bid selection or bid opening, general conditions and requirements, detailed specifications, a proposal sheet requiring the bidder's signature and any other information deemed appropriate to maximize competition;
(2) For purchases and contracts exceeding $50,000, all formal bids must be sealed, to be opened on the date and time stated in the invitation for bids;
(3) Formal bid results shall be documented on a formal bid sheet. If three bids cannot be obtained, or if other than the lowest bid is being recommended for purchase, the reasons shall be documented along with the formal bid sheet;
(4) All contracts to be awarded pursuant to formal bids shall be approved by the Village Board;
(5) No contract awarded to the lowest responsible bidder shall be assignable or sublet by the successful bidder without the written consent of the Comptroller or designee. In no event shall a contract or any part thereof be assigned or sublet to a bidder who had been declared not to be a responsible bidder in the consideration of bids submitted in response to an invitation for bids for the particular contract;
(6) Criteria shall be used to determine whether a bidder is "responsible" and therefore eligible for the award of the contract. The criteria set forth below shall not limit or prevent the village from considering other information in making its determination. No one criteria shall be determinative, but the village shall, in the exercise of its sole discretion, consider all of the following:
(a) The ability, qualifications, capacity and skill of the bidder to perform the contract or provide the service required;
(b) The ability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference;
(c) The character, integrity, reliability, reputation, judgment, experience, longevity and efficiency of the bidder, including but not limited to: past performance record; default under previous contracts; whether or not such contracts were with the village; competency; and failure to pay or satisfactorily settle all bills due for labor and material on former contracts;
(d) The quality of performance by the bidder of previous contracts for services;
(e) Historical and current compliance by the bidder with laws and ordinances relating to the contract or service;
(f) The bidder's financial stability and its sufficiency of financial resources to perform the contract or provide the service;
(g) The quality, availability and suitability of the bidder's supplies, goods, equipment or contractual services to the particular purpose or use intended;
(h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract, including guarantees;
(i) The number and scope of conditions attached to the bid;
(j) The amount of labor from local residents that is committed or planned to be utilized by the bidder in the performance of the contract;
(k) The ability of the bidder to provide required insurance coverage; and
(l) Participation in active apprenticeship and training programs approved and registered with the U.S. Department of Labor's Bureau of Apprenticeship and Training for each of the trades of the work contemplated under the contract.
(7) Emergency contracts or purchases, not to exceed $50,000, may be made in the best interest of the public without competitive bidding or prior notice when there exists a threat to public health, safety, or welfare; or when immediate expenditure is necessary to prevent or minimize serious disruption in critical village services that affect public health, safety or welfare. The term of the emergency contract or purchase shall be limited to the time reasonably needed to complete the non-emergency bidding process. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. Only the Mayor may enter into emergency contracts, with the co-signature of the Comptroller. If either of those individuals is unavailable, the Village Board member who chairs the finance committee may co-sign instead. The Comptroller shall report any emergency purchases to the Village Board at its next regular meeting following said emergency purchase.
(8) Unless prohibited by state or Federal law, the following contracts and any other contracts. which by their nature are not adapted to award by competitive bidding, shall be exempt from the formal bid procedure and must be approved by the Village Board (if exceeding $15,000):
(a) Purchases of professional services with individuals or firms holding a professional license or possessing a high degree of professional skill or expertise where the ability and fitness of the individual or organization plays an important part in the performance of the contract, including consultants, doctors, engineers, attorneys, testing services, auditors, certified public accountants, bond consultants, insurance, real estate appraisers, and architects;
(b) Items available only from a single or dual source(s);
(c) Utilities;
(d) Procurements through state. Federal, local or other governmental agency contracts;
(e) Classifieds;
(f) Licenses and permits;
(g) Contracts for maintaining or servicing equipment, providing repair parts or supplies for equipment which are made with the manufacturer or authorized service agent of that equipment where the provision of parts, supplies, maintenance or servicing can best be performed by the manufacturer or authorized service agent:
(h) Contracts for the printing or engraving of bonds, financial documents, water certificates, tax warrants and other evidences of indebtedness;
(i) Purchases which can be made at a public auction, close-out sale, bankruptcy sale or other similar sale at a cost below market cost;
(9) The Village Board may waive competitive bidding for any contract, if two-thirds of the trustees then holding office vote to do so.
(H) No village officer or employee, or his or her family members, shall be interested, directly or indirectly, in any contract made and entered into under the provisions of this section, for any work to be done, or for any materials to be furnished: and all contracts so made in which such officer or employee, or the Comptroller, shall be so interested shall, at the option of the village, be declared unlawful and void, and of no binding effect whatsoever; and such officer or employee interested in any contract shall be subject to oral or written warnings, suspension or dismissal at the discretion of the village upon proof of such delinquency.
(Ord. 01-13, passed 6-27-01; Am. Ord. 10-1, passed 1-13-10; Am. Ord. 18-16, passed 7-18-18)