O-12-31VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -12 -31
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD WITH RESPECT TO
COMPETITIVE BIDDING AND PURCHASING
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
20th day of August , 2012.
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties, Illinois, this
20tWay of August , 2012.
VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -12 -31
AN ORDINANCE AMENDING THE MUNICIPAL CODE
OF THE VILLAGE OF DEERFIELD WITH RESPECT TO
COMPETITIVE BIDDING AND PURCHASING
WHEREAS, Section 8 -9 -1 of the Illinois Municipal Code was amended in 2005 to establish
a limit of twenty thousand dollars ($20,000.00) for public improvement contracts to be let by
competitive bidding; and
WHEREAS, the Village Manager has recommended that Municipal Code of the Village of
Deerfield should be amended as provided herein to increase the limit for competitive bidding to
correspond with the bid limit established in the Illinois Municipal Code; and,
WHEREAS, the Village Manager has recommended further changes to the Municipal Code
of the Village of Deerfield to modernize the Village's purchasing and contracting procedures, and to
authorize the manager as provided herein to sell or dispose of surplus personal property that is no
longer necessary or useful for the purposes of the Village; and
WHEREAS, the corporate authorities are of the opinion that it is in the public interest of the
Village of Deerfield that the competitive bidding and purchasing requirements contained in the
Deerfield Municipal Code be amended as provided herein, and that the Village Manager should be
authorized to dispose of surplus property to the extent provided herein;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF DEERFIELD, LAKE AND COOK COUNTIES, ILLINOIS, in
the exercise of its home rule powers, as follows:
SECTION 1: That Section 9 -16 of Article 6 (Contracts) of Chapter 9 (Finance and
Taxation) of the Municipal Code of the Village of Deerfield is hereby amended to read as follows
(additions are indicated by underscoring and deletions are indicated by ° *��'�,,, gh markings):
Sec. 9 -16. Contracts over ten-ft= thousand dollars.
(a) Competitive bids. Except as otherwise provided in this Code, all
contracts for public works or improvements not to be paid for in part or in
whole by special assessment or special taxation when the expense thereof
exceeds teii--jw= thousand dollars ($10,00 Y. 0}($20.000= and all
purchase orders or contracts of whatever nature for labor, materials,
equipment or supplies involving amounts in excess of teat en thousand
dollars ($10,000.0A }($20.000.001 made by or on behalf ofthe Village shall be
let by free and open competitive bidding after advertisement to the lowest
responsible bidder. Notwithstanding the foregoing, such purchase orders or
contracts may be entered into by the appropriate officers without adherence
to bidding procedures if authorized by the affirmative vote of two- thirds (2/3)
of the trustees then holding office.
(b) Contracts not requiring competitive bids. Contracts which by their
nature are not adapted to award by competitive bidding such as but not
limited to contracts for services of individuals possessing a high degree of
professional skill where the ability of fitness of the individual plays an
important part, contracts for supplies, materials, parts or equipment which are
available only from a single source, or other similar contract may be entered
into without competitive bidding upon the affirmative vote of two - thirds
(2/3) of the Board of Trustees. Competitive bidding shall not be required
when the Village exercises the option of purchasing with the State or other
governmental units as authorized under 30111ineis Compiled Statutes 525/1
et seq. the Governmental Joint Purchasing Act (30 ILCS 525/1 et seal.
c) Emergency Contracting. In case of accidents, storms or other
circumstances creating an emergency condition. the Village Manager is
authorized to award contracts and to make purchases for the purpose of
repairing damages caused by accidents, storms or other circumstance creating
public emergency, or otherwise responding to exigent circumstances arising
out of such emergency condition, but he shall file promptly with the Board of
Trustees a certificate showing the existence of such emergency circumstances
and the necessity of such contracting or purchasing action: together with an
itemized account of all expenditures so authorized.
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SECTION 2: That Section 9 -18 of Article 6 (Contracts) of Chapter 9 (Finance and
Taxation) of the Municipal Code of the Village of Deerfield is hereby amended to read as follows
(additions are indicated by underscoring and deletions are indicated by strileth+eugh markings):
Sec. 9 -18. Bid Deposits; forfeiture of deposit.
In all cases of contracts for public works or improvements and in all Gas
when the estimated cost exceeds five — ent thousand dollars
($5,00 A "fSZQ&00 0
=,=A and in all other cases when deemed advisable by
the Village Manager, bid deposits or bid bonds shall be required in an
amount equal to ten percent (10 %) of the bid amount and shall be prescribed
in the public notices inviting bids. A successful bidder shall forfeit such
deposit or bond upon his failure to enter into a contract within ten (10) days
after the award.
SECTION 3: That Section 9 -23A of Article 6 (Contracts) of Chapter 9 (Finance and
Taxation) of the Municipal Code of the Village of Deerfield is hereby repealed.
SECTION 4: That Section 9 -24 of Article 6 (Contracts) of Chapter 9 (Finance and
Taxation) of the Municipal Code of the Village of Deerfield is hereby amended to read as follows
(additions are indicated by underscoring and deletions are indicated by st++kethFOUgh markings):
Sec. 9 -24. Contracts under $1,008=W.520000.00; Purchasing Manual.
a) Purchasing. All contracts for public works or improvements not to be
paid for in part or in whole by special assessment or special taxation
involving an amount less than eta twenty thousand dollars
($1,080. 08)($20.000.00), and all purchases of supplies, and other contractual
services of less than the estimated value of efie—I&= thousand dollars
($,000.00)($20.000.00) . may be made by the Village Manager or person
designated by him in the open market, without newspaper advertisement and
without observing the procedures prescribed in Sections 9 -16 and 9 -23, as
long as said contract price does not result in exceeding the amounts
authorized therefor in the annual budget.
(alb) PfaeodRF oPurchasing Manual. The Village Manager shall promulgate
rules and procedures providing for the issuance of purchase orders and
awarding of contracts which, by the terms of this Code, are under his
jurisdiction. Such rules and procedures shall be known as the Purchasing
Manual of the Village of Deerfield and shall govern those persons to whom
the authority to purchase and contract is delegated by the Village Manager.
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Where practical, all open market purchases shall be based on at least three (3)
competitive quotes, and shall be awarded to the person, firm or corporation
submitting the lowest responsible quotation in accordance with the standards
set forth in Section 9 -23.
SECTION 5: That Article 6 (Contracts) of Chapter 9 (Finance and Taxation) of the
Municipal Code of the Village of Deerfield is hereby amended to add the following as Section 9-
24A thereof:
Sec. 9 -24A. Authority to Dispose of Surplus Property.
The Village Manager is authorized to dispose of all surplus personal property
or equipment of the Village having an estimated value not in excess of Ten Thousand
Dollars ($10,000.00) in accordance with the procedures set forth in the Purchasing
Manual promulgated by the Manager, provided that the Manager has determined that
such property or equipment is no longer necessary or useful for purposes of the
Village. Such property or equipment shall be sold or disposed of "AS IS ", with the
Village making no express or implied guarantees or warranties of any kind. The
disposition of such surplus property shall be by means of a sale to be conducted
pursuant to a public bidding or auction process, or by recycling the property or
disposing the property as scrap or refuse if the Manager determines that the time and
expense of a sale of the property on the secondary market is not economically
warranted given the likely return from such a sale. The Village Manager shall notify
the Village Board not less than thirty (30) days before any such disposition is made
of the surplus property, identifying the property to be disposed of and whether the
property will be disposed of by sale, auction, recycling or other method.
SECTION 6: That this Ordinance, and each of its terms, shall be the effective legislative act
of a home rule municipality without regard to whether such Ordinance should: (a) contain terms
contrary to the provisions of current or subsequent non - preemptive state law; or, (b) legislate in a
manner or regarding a matter not delegated to municipalities by state law. It is the intent of the
corporate authorities of the Village of Deerfield that to the extent that the terms of this Ordinance
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should be inconsistent with any non - preemptive state law, this Ordinance shall supersede state law
in that regard within its jurisdiction.
SECTION 7: That this Ordinance shall be in full force and effect from and after its passage,
approval and publication in pamphlet form as provided by law.
PASSED this 20th day of August , 2012.
AYES: Benton, Farkas, Jester, Oppenheim, Seiden, Struthers (6)
NAYS: None (0)
ABSENT: None (0 )
ABSTAIN: None (0)
APPROVED this 20th day of August , 2012.
Village Pre 'dent
ATTEST-
Village Clerk
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