4.01 COMPETITIVE BIDS TO BE OBTAINED. Any work or other public improvement which is not to be paid for in whole or in part by special assessment or special taxation, when the expense thereof will exceed $4,000, shall be constructed either (1) by a contract let to the lowest responsible bidder after advertising for bids, except that any such contract may be en tered into by the proper officers without advertising for bids, if authorized by a vote of two-thirds of all the trustees then holding office; or (2) in the following manner, if authorized by a vote of two-thirds of all the trustees then holding office, to-wit: the proper officers or departmental heads shall superintend 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 thereon; laborers and artisans whom the municipality shall pay by the day or hour; and all material of the value of $4, 000 and upward used in the construction of the work or other public improvement, shall be purchased by contract let to the lowest responsible bidder. Nothing herein contained shall apply to any contract with the federal government or any agency thereof.
4.02 EXCEPTIONS TO COMPETITIVE BID REQUIREMENTS. Contracts which by their nature are not adaptable to award by competitive bidding, such as contracts for the services of individuals possessing a high degree of pro fessional skill where the ability or fitness of the individual plays an important part, auditing, contracts for utility services such as water, heat, light, tele phone or purchasing of educational matter shall not be subject to competitive bidding.
4.03 PROCEDURE IN CONTRACTS OVER $4, 000. (a) Publication All proposals to award purchase orders or contracts in excess of $4. 000 shall be published once at least 10 days in advance of the date announced for the re ceiving of bids, in a newspaper of general circulation throughout the village by the Clerk. Nothing herein shall be construed to prohibit the Clerk from posting additional notices or advertising in addition thereto in trade maga zines, if so directed by the Board of Trustees.
(b) Advertisements for Bids. Advertisement for bids shall describe the character of the proposed contract, purchase or improvement in sufficient detail to enable the bidders thereon to know what their obligations will be, either in the advertisement itself, or by reference, to detailed plans and specifications on file in the office of the Clerk at the time of publication of the announcement. The advertisement shall also state the date, time and place assigned for the opening of bids, and such bids will be received at any time subsequent to the time indicated in the announcement.
Municipal Purchasing 4. 03
(c) Deposit on Bids Cash, a cashier's check, or a certified check as a deposit of good faith, in a reasonable amount but not in excess of 10 percent of the contract or purchase amount, may be required of each bidder on all sums in excess of $4, 000 if specified in the bid announcement.
(d) Opening of Sealed Bids All sealed bids shall be publicly opened by the Board of Trustees. All bids shall be open to public inspection in the office of the Clerk.
(e) Bid Award The award of any purchase or contract in excess of $4, 000 shall be made by the Board of Trustees to the lowest or highest responsible bidder, depending on whether the village is to expend or re ceive money.
4.04 EMERGENCY CONTRACTS. In the event of an emergency affect ing the public health, welfare or safety so declared by the President, a con tract may be let or a purchase made, to the extent necessary to resolve such emergency without public advertisement in a sum not to exceed $4, 000. The President shall file his authority for such expenditure in writing in the office of the Clerk and a copy to the Board of Trustees and shall provide the date or time when the emergency shall terminate and shall name the person authorized to make such expenditure or contract and the amount or amounts to be expended.
4.05 CONTRACTS OR PURCHASE NOT EXCEEDING $50. A village officer may make purchases or award contracts not in excess of $50 to the highest or lowest bidder, depending on whether the village is expending or receiving money, without authorization by the Board of Trustees or pro curement of bids as set forth in this chapter. The sum herein authorized to be expended shall constitute the total payment for such contract or pur chase and shall not be expended as an installment or partial payment on a larger amount nor shall it be expended in any manner to circumvent directly or indirectly the other provisions of this chapter providing for authorization or bidding when a larger sum is to be expended.
4.06 CONTRACTS ON PURCHASES OF $50 TO $4, 000. A village officer shall certify to the chairman of the purchasing committee of the Board of Trustees all requisitions or purchase orders or proposed contracts in the sum of $50 to $4, 000 together with all necessary attachments thereto in cluding written itemized statements, descriptions of transaction, quantity, and all other data and information relative to the transaction, contract, purchase or lease to properly enable the chairman to approve or disapprove the request. The purchasing committee shall approve or disapprove the request and shall thereafter present the committee's recommendations there on to the board for concurrence or disapproval or such other action as may be required by law. Approval by the board of an expenditure, contract, lease or purchase shall empower the departmental head to enter into a contract to be executed by the President on behalf of the village or to make the purchase. The approval or authorization by the board may provide such other terms, conditions, directions, or restrictions as may be required by the board.
4.07 CONTRACTS EXEMPT FROM PURCHASING REGULATIONS. The
provisions of this chapter shall not apply to local improvement contracts, special assessments or to purchases or contracts otherwise specifically pro vided for by the Illinois Revised Statutes.
4.08 INVALID PURCHASE CONTRACTS. Any purchase or contract executed in violation of this chapter shall be null and void as to the village and if public funds have been expended thereupon, the amount thereof may be recovered in the name of the village.
(Note: Chapter 4 revised in toto by ordinance adopted 2/7/83).