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O-72-02ORDINANCE NO. 0 -72- 2 AN ORDINANCE OF CHAPTER 10 OF Published in pamphlet form this 17th day of January , 197:,2, by the President and Board of Trustees of the Village of Deerfield. AMENDING ARTICLE 2 OF THE MUNICIPAL CODE DEERFIELD ORDINANCE NO. 0 -72- 2 AN ORDINANCE AMENDING ARTICLE 2 OF CHAPTER 10 OF THE.MUNICIPAL CODE OF DEERFIELD BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF . THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, AS FOLLOWS: .'SECT:ION That Article 2 of Chapter 10 of the Municipal ONE: Code of Deerfield of 1963, as amended, is hereby further amended: A. By striking Section 10.204 of Chapter 10 in its entirety and substituting in lieu thereof the following: "10.204 Contracts.) "Except as otherwise provided in this Code, all purchase orders or contracts of whatever nature for labor, services, materials, equip- ment or supplies involving amounts in excess of $500 made by or on behalf of the Village shall be let by free and open competitive bidding after advertisement to the lowest responsible bidder. The award of any contract involving an amount in excess of $500 but less than $1,000 may be made by the Village Manager. Every contract involving an amount in excess of $1,000 shall be awarded only upon the approval of the Board of Trustees. All contracts involv- ing an amount in excess of $1,000 shall be in writing and executed on behalf of the Village by the President or such other person as may be authorized by the Board of Trustees. "No. contract awarded in the manner herein provided shall be assignable by the successful bidder without the written consent of the Village Manager if the amount of the contract is less than $1,000 or the approval of the Board of Trustees in the event the amount of the contract is $1,000 or more." B. By striking Section 10.208 of Chapter 10 in its entirety and substituting in lieu thereof the following: "10.208 Bids, Affidavit to accompany.) "In all cases where'- ,)by statute or by a provision of this Code, the corporate authorities of the Village or any officers thereof are required to seek and receive bids prior to making any purchase or letting any contract, such bids shall be accompanied by sworn affidavit of the bidder or a duly authorized agent or officer of the bidder containing in substance the following affirmations: "a) The said bidder has not entered into any agreement, understanding or arrangement with any other bidder or prospective bidder or with any other person, firm or corporation relating to the price named in said bid proposal or any other proposal, nor any agree- ment, understanding or arrangement under which any person, firm or corporation is to refrain from bidding, nor any agreement, understanding or arrangement for any act or omission in restraint of free competition among bidders in violation of the Illinois Anti Trust Act (Chapter 38, Section 60 -1, et sue, Illinois Revised Statutes 1970) or the Federal Anti Trust Laws (U.S. Code, Title 15, Section 1, et sue) or other applicable law or regulation prohibiting collusion among bidders in restraint of freedom of competition; "b) The said bidder is not disqualified by law from contracting with the Village of Deerfield; "c) The said bidder has not disclosed to any person, firm or corporation the terms of said proposal or the price named therein; "d) The said bidder, if awarded the contract during the term thereof, will not commit an unfair employment practice as defined in the Illinois Fair Employment Practices Act (Chapter 48, Section 851, et''seq, Illinois Revised Statutes 1970) nor violate the provisions of 'AN ACT to prohibit discrimination and intimidation on account of race or color in employment contracts for public buildings or public works' (Chapter 29, Sections 17 through 24, Illinois Revised Statutes 1970) or any other applicable Federal, State or Village law or ordinance prohibiting discrimination among employees or prospective employees because of race, color, religion, sex, national origin or ancestry;" "e) The said bidder, if awarded a contract for public works during the term thereof, will pay not less than the prevailing rate of wages as found by the Village or by the Illinois Department of Labor or as determined by a court of competent jurisdiction upon review, in accordance with the provisions of 'AN ACT regulating wages of laborers, mechanics and other workers employed in any public works . . . or by one under contract for public works' (Chapter 48, Section 39s -1, et secq, Illinois Revised Statutes 1970). "The failure of a bidder to submit such a sworn statement with his bid shall disqualify his bid from consideration for an award of the contract. In the event of a'violation of the terms of such statement or of any of the laws and ordinances or regulations therein described by a bidder to whom a contract is awarded, the Village may terminate such contract. Prospective bidders shall be notified of the requirements of this Section. "No such affidavit shall be cases where the Village is with other municipalities purchase agreement." required in those receiving bids jointly pursuant to a joint C. By adding a new Section 10.209 to read as follows: "10.209 Bond required, contracts for public works.) "a) All contracts for public works of any kind to be performed for the Village shall require every contractor for such work to furnish and deliver to the Village a bond with good and sufficient sureties as may be approved by the Village, which bond, among other con- ditions, shall be conditioned upon the completion of the contract, the payment of all material used in such work and the payment of all labor performed in such work whether by sub - contractor or otherwise, in accordance with the prevailing wage rates, and upon the performance of such work in accordance with plans and specifications and the terms of such contract." SECTION TWO: conflict, hereby That all ordinances or parts of ordinances in conflict herewith are, to the extent of such repealed. SECTION That the Village Clerk is hereby directed to publish THREE: this Ordinance in pamphlet form. SECTION That this Ordinance shall be in full force and FOUR: effect from and after its passage, approval and publication, as provided by law. AYES: FIVE (5) NAYS: NONE (0) ABSENT: ONE (1) PASSED this 17th day of January A.D. 197:2. APPROVED this 17th. day of January A.D. 197.2. V' LLAGE PRES DENT ATTEST: .VILLAGE CLERK