§ 31.13 CONTRACTS.
   (A)   Generally. All contracts for purchases by the village shall be in compliance with the statutes of the state.
   (B)   Public improvement contracts exceeding $25,000. Any work or public improvement, the expense of which is expected to exceed $25,000, but which is not to be paid for in whole or in part by special assessment or special taxation, shall be constructed:
      (1)   By a contract let to the lowest responsible bidder after advertising for bids in the manner prescribed by ordinance; or
      (2)    By a contract entered into by the proper officers, without advertising for bids, provided that said approach is authorized by a vote of two-thirds of all trustees then holding office; or
      (3)   By a department head, who shall supervise and cause to be carried out the construction of the work or other public improvement and shall employ exclusively for the performance of all manual labor therein, laborers, or artisans whom the municipality shall pay by the day or hour, provided that said approach is so authorized by a vote of two-thirds of all trustees then holding office; and further provided that all material used in the construction of the work or the purchased by contract let to the lowest responsible bidder in the manner prescribed by this code. Nothing contained in this section, however, shall apply to any contract by the village with the federal government or any agency thereof.
   (C)   Purpose of division (B). LOWEST RESPONSIBLE BIDDER does not mean the lowest bidder financially only, but shall mean the bidder who, by experience and other qualifications is deemed most capable of performing the work or providing satisfactory services or goods required in a satisfactory manner.
   (D)   Other purchases. Purchases for any work or public improvement, the expense of which does not exceed $25,000 or for other goods or services that are not a public work or public improvement, shall be made in accordance with the following provisions:
      (1)   Purchases up to $1,000. Purchases for incidental materials, supplies and services up to and including a value of $1,000, may be made under the authority of a department head, without pre-approval, provided sufficient funding is available in the municipal budget for said purchase;
      (2)   Purchases between $1,000 and $5,000. Purchases between $1,000 and $5,000 may be made under the authority of the Village Administrator, or by a department head with written pre-approval from, the Village Administrator, provided sufficient funding is available in the municipal budget for said purchase;
      (3)   Purchases over $5,000. Nonemergency purchase that are expected to exceed $5,000 shall be pre-approved by the Board of Trustees, in resolution form, with proposal contract, and/or tabulation sheet attached, as each is applicable to the purchase, provided, however, that customary purchases for those goods and services which are known, essential for the continued operation of village services, and specifically identified in the municipal budget, do not require pre-approval by the Board of Trustees even is the cost is expected to exceed $5,000. Examples of such purchases include fuel, utilities, wastewater treatment chemicals, principal and interest payments on loans, and similar expenses.
      (4)   Emergency purchases or repairs. The but are deemed an emergency, or for which delaying the purchase in order to secure pre-approval from the Board of Trustees might adversely affect the health, safety or welfare of the village, or impair the village's ability to provide essential services, may be made under the authority of the Village Administrator with written consent of the President of the Board of Trustees and the Chairperson of the Finance Committee. All purchases made under this provision are to be reported to the Board of Trustees at their next meeting.
   (E)   Competitive quotes/bids. Purchases under division (D)(2), (D)(3) or (D)(4) above, the cost of which is expected to exceed $1,500, shall be made only after securing or attempting to secure at least three competitive price quotations or bids from qualified vendors, in accordance with the following provisions:
      (1)   While any such quotes/bids need not be sealed, and may be accepted through mail, email, fax or hand delivery, the price quoted/bid shall not be shared with any other vendor prior to the deadline for submittal, in order to preserve the integrity of the process;
      (2)   Any resulting contract shall be let to, or purchase made from, the most qualified vendor. MOST QUALIFIED VENDOR does not mean the vendor offering the lowest price only, but shall moan the vendor who, by experience and other qualifications is deemed most capable of performing the work and/or providing the services or goods required in a satisfactory manner.
      (3)   While at least three competitive quotes or bids are preferred, if, after a reasonable effort, the village is unsuccessful in obtaining three quotes/bids, the purchase may be made on the basis of quotes/bids received. A refusal by a vendor to submit a quote/bid may be considered as one of the three quotes/bids referenced herein;
      (4)   Competitive quotes/bids shall not be required when equipment, vehicles, or other commodities are part of a state bid or similar list where another entity or consortium has utilized a process of competitive bidding to create a list of items and prices, and the village is allowed to buy from that list at the established competitive prices.
   (F)   Sole source purchases. Competitive quotes/bids are not required when the goods or services needed are proprietary, can only be provided by a single source, where shipping costs or the geographical location of service of installation staff in relation to the village are excessive and would significantly impact cost, or when no other more standardized goods or services would reasonable satisfy the Village's requirements.
   (G)   Service contracts. Where the village has entered into a contract with a vendor who provides specific services to the village, such as information technology or payroll support, or maintaining equipment, vehicles or facilities, and that vendor has established a relationship with the village, continues to provide satisfactory services, and has maintained the same or nearly the same charges for those services, the village may choose to renew the service contract with said vendor without seeking competitive bids/quotes.
   (H)   Professional services contracts. Professional services, including architectural, engineering and surveying services, shall be selected on the basis on qualifications, and not on price, in accordance with state statutes.
(Prior Code, § 2-113) (Res. 1-1653, passed 11-16-2009; Ord. 1754, passed 7-5-2016; Ord. 1804, passed 1-16-2018)