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HomeMy WebLinkAbout7. MANAGERS REPORT 9/21/04 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM FROM: MICHAEL E. JÅNONIS, VILLAGE MANAGER DIRECTOR OF FINANCE TO: DATE: SEPTEMBER 17,2004 REVISED TRAVEL AND PURCHASING POLICIES SUBJECT: At the August 10 Committee of the Whole meeting the Village Board reviewed revisions and formatting changes to the Village's Travel and Purchasing Policies. Listed below are the changes recommended by the Village Board resulting from discussions between the Board and Village staff. TRAVEL POLICY 1. Modified authorization process for Chicago Metro area lodging (Page 4, Chapter 3, Item F). Removed in-state/out-of-state designation from per diem for overnight travel (Page 12, Exhibit 3). 2. PURCHASING POLICY 1. Added language clarifying required approvals for Village purchases (Page 4, Section D). Attached are the Travel and Purchasing Policies incorporating the above-mentioned changes. Please review and contact me if you have any questions. I would like to place these two items on the agenda for the upcoming Village Board meeting scheduled for September 21. Thanks. /tJl~ é?. «~ DAVID O. ERB DIRECTOR OF FINANCE DOE! 1:\Policies\Purchasing\Second Memo to Board - September Revision (Travel & Purchasing).doc VILLAGE OF MOUNT PROSPECT Travel Policies and Procedures Manual Revised September 2004 TABLE OF CONTENTS CHAPTER 1 - INTRODUCTION A. Introduction/Statement of Policy CHAPTER 2 - TRAVEL POLICY A. General Travel Policy B. Travel Authorization C. Travel Advance D. Travel Expense Reports CHAPTER 3 - TRAVEL RULES AND REGULATIONS E. Per Diem Allowance F. Chicago Metropolitan Area Travel Expenses G. Transportation H. Lodging 1. Take-Home Vehicles CHAPTER 3 - EXHIBITS A. Exhibit 1 - Conference/Seminar Attendance Request Form B. Exhibit 2 - Employee Expense Report Form C. Exhibit 3 - Current Per Diem Amounts and Transportation Stipends 1 2 2 3 3 4 4 5 7 8 10 11 12 CHAPTER 1 - INTRODUCTION A. Introduction/Statement of Policy The purpose of this Travel Policy and Procedures Manual is to provide the Village of Mount Prospect officials and staff with guidelines and directions for obtaining approval and reimbursement for travel costs incurred during the course of normal village business. The Village of Mount Prospect utilizes a decentralized purchasing process. Initiating Village business-related travel activities (obtaining air fare quotes, hotel quotes, etc.) is the responsibility of the each individual department and must be conducted within policies and procedures contained within this Travel Policies and Procedures Manual. Employees are expected to read and understand the travel policies and procedures manual. This manual is designed to be a fluid document and will be modified from time to time to conform to changes in legislation, usual and customary travel expense charges and best management practices. Although it may not answer every question related to travel practices, it does provide general guidelines for travel activities. Employees who need help dealing with specific situations not covered by the manual should contact their department head. The Village Manager, or his/her designee, shall be the final authority with regards to enforcement of any of the provisions of this manual. Failure to follow the procedures outlined in this manual may lead to disciplinary action in accordance with the provisions of the Village of Mount Prospect Employee Personnel Manual. Michael E. Janonis Village Manager Dated this - day of September 2004. CHAPTER 2- TRAVEL POLICY A. General Travel Policy The purpose of the Village of Mount Prospect's Travel Policy is to set forth the regulations governing travel arrangements and reimbursement for travel expenses. This document explains the travel polices and procedures a traveler on official Village business is expected to follow. The regulations contained within this document are applicable for all travel expenses incurred on behalf of the Village by employees and Village officials. For definition purposes, the President, Board of Trustees and all Commission Members are considered officials. Employees, by definition, include all full-time and part-time paid personnel. The Village of Mount Prospect, so as to advance the training and professionalism of its officials and employees, authorizes travel to certain seminars, conferences and conventions. Officials and employees also travel, on occasion, during the normal course of business or to promote the Village of Mount Prospect. It is not the intention of the Village to expect an individual conducting official Village business to incur personal out-of-pocket expenses without compensation or reimbursement. Control of travel authorization and adherence to approved travel budgets are the responsibilities of department heads. Travel authorization is a two-part process including: 1) approval of the travel request in advance; and 2) approval of the travel expense report following the completion of the travel. Approval of the travel expense report indicates that expenses submitted have been reviewed and have been found to comply with Village regulations regarding travel and authorized business expenses. All Village personnel traveling or incurring business expenses on behalf of the Village, and those responsible for the approval of these expenses, are expected to use these measures to assist in maintaining control over travel expenses. The policies detailed here apply to all funds under Village control and are superseded only in those instances where funding agencies apply specific and more restrictive rules and rates. B.Travel Authorization Authorized trips are determined through the budget formulation process. Exceptions to this rule include unscheduled travel required in the line of duty or travel due to special circumstances, which require Village Manager approval. In general, no more than one national and one state conference may be authorized for any department head in any fiscal year and must be approved in advance. Attendance at other meetings outside the State of Illinois may be authorized when the department head or appropriate staff is an active participant in the national and/or state organization. Local professional and technical conferences/meetings are authorized as funding and duty conditions permit. 2 B. Travel Authorization (cont.) It is Village policy that all Village-related travel must be approved in advance. Department heads can authorize travel and training where the total cost for the travel or training is expected to be less than $1,000. In cases where the total costs for the travel and training is expected to be more than $1,000 approval in advance is required from both the department head and the Village Manager. The Village Manager may authorize exceptions when these regulations do not cover the situation.All employees attending conferences and seminars shall obtain approval in advance by submitting a completed Conference/Seminar Attendance Request form (Exhibit 1) no later than twenty-one (21) days prior to the conference or training event. A descriptive brochure or announcement describing the seminar or training session should accompany the attendance request form. C. Travel Advance Normal practice will be for the Village to directly pay vendors for as many travel expenses as possible, including seminar and conference registration fees. Travel advances to cover travel costs expected to be paid by the employee will be permitted through completion of the Conference/Seminar Attendance Request form and completion of a check request form. Conference/Seminar Attendance Request forms and travel advance check requests should be submitted far enough in advance to avoid having to issue manual checks, typically three weeks. Travel advance check requests, however, should not be submitted more than one month prior to the dates of travel. D. Travel Expense Report The Village of Mount Prospect Employee Expense Report (Exhibit 2) is to be completed and submitted within five business days after returning from the business trip. The form should be submitted to the department head, and once reviewed and approved, forwarded to the Finance Department. Original receipts for all expenditures are to be attached to the Employee Expense Report. If total eligible out-of-pocket expenses paid by the employee exceed any travel advance received, a check request should be completed and submitted to reimburse the employee for the difference. The check request form will be processed as part of the routine accounts payable process. Special checks will be authorized by the Director of Finance only when extraordinary circumstances make it necessary to deviate from the normal reimbursement policy. If total eligible out-of pocket expenses paid by the employee is less than the travel advance received, the employee is to return the excess funds along with the completed Employee Expense Report within five business days after returning from the business trip. 3 ,. - .- - '" . CHAPTER 3- TRAVEL RULES AND REGULA nONS E. Per Diem Allowance For travel requiring overnight lodging, the Village provides a per diem allowance to cover meals and other incidental travel expenses incurred in a day. Employees and Village officials will not be reimbursed for any expenses which exceed the per diem allowance. The per diem allowance is appropriate for education and conference type travel. Receipts are not required for expenses covered by the per diem. The types of costs covered by the per diem allowance includes 3 meals and incidentals (personal phone calls, baggage charges, newspapers, tips, etc). The currently approved per diem amounts can be found in Exhibit 3 of this Travel Policies and Procedures Manual. Where conference registration fees include one or more daily meals, the per diem allowance will be reduced by the appropriate meal allowances as provided for above. The per diem allowance for the days of departure and return will be reduced by the appropriate meal allowance(s) not required for that day. Breakfast allowances will only be given when the employee or official was forced to obtain overnight accommodations the night before. Lunch allowances will be provided only when the employee or official has left the Village boundaries for the training session before 10:00 a.m. and is not expected to return until after 2:30 p.m. Dinner allowances will be given only if the employee or official will not be returning home prior to 8:00 p.m. or if the employee will be staying overnight on Village business. F. Chicago Metropolitan Area Meeting Expenses and Other Business Related Travel Lodging Lodging expenses for employees, relating to travel within the Chicago Metropolitan Area, will only be approved in the most unusual circumstances and must be authorized in advance by the Village Manager. Transportation Private vehicles may be used for travel on Village business when authorized by the department head. If training is scheduled for the start of the workday, reimbursement is based upon the shortest distance to the training site from the closer of either the employee's residence or place of employment. If a private vehicle is used, mileage reimbursement will be paid at the current reimbursement rate allowed by the Internal Revenue Service. The mileage reimbursement rate is intended to cover the following expenses: gasoline, normal wear and tear on the vehicle, insurance, and any vehicle damage. In the case of vehicle accidents, the employee's insurance policy will be considered to be the primary insurance coverage. If public transportation is used, a receipt must be provided to obtain reimbursement. 4 ~ . F. Chicago Metropolitan Area Meeting Expenses and Other Business Related Travel (cont.) Parking and Tolls Parking lot receipts and toll receipts are required for reimbursement. Meal Expenses Total meal expenses, including tips, are generally not to exceed the per diem amounts set forth in Exhibit 3. However, under special circumstances, the Village Manager may approve reimbursements of a higher amount provided that the expenditure is reasonable and justifiable. Except for meals, receipts to document the above local travel expenses are required for reimbursement. Professional luncheon meetings will be reimbursed at actual cost if one price is charged to all participants. Use of Petty Cash When travel allowances or reimbursements amount to less than $50.00, petty cash may be used. A petty cash slip must be completed and approved by the department head prior to receiving cash. Following the conference, receipts must be presented and if money is due the employee or official, the petty cash representative will calculate amount due and will reimburse the employee or official. If money is due the Village, it must be submitted at the time receipts are presented, which may be no later than five business days following the conference. Receipts will not be required for professional luncheons in which one price is charged all participants. However, the name of the association and description of the meeting must appear on the petty cash slip. Receipts will be required for transportation, parking and tolls in these cases; mileage should be recorded if a private vehicle was utilized. G. Transportation 1. Air Travel Air travel reimbursement is limited to "coach" or "economy" fares. Travel to and from airports may be by bus, limousine, taxi, or private vehicle (for which mileage will be paid), whichever mode of transportation is less costly. Receipts for such transportation costs, including airport or station parking, must be obtained and submitted after returning from the trip. In order to secure reduced rate tickets, air travel arrangements should be made as far in advance as possible. The Conference/Seminar Attendance Request form must be approved before airfare will be booked. Reduced rate tickets are often non-refundable and only exchangeable by paying a penalty fee. Therefore, travelers must be careful to specify the dates and times correctly before tickets are purchased. In case of emergency, the Village will bear the cost of the refunding or exchanging of tickets, but approval must be obtained from the Director of 5 - . . ~. " 1. Air Travel (cont.) Finance. The cost savings obtained by using non-refundable tickets are great enough to warrant the occasional extra charge for an emergency or otherwise unforeseen event. 2. Village Vehicles Village of Mount Prospect vehicles are to be used to travel when available. Since the inventory of "pool cars" for use by employees and public officials is limited, it will not always be possible for a Village vehicle to be obtained. If a vehicle is unavailable, the employee should notify the department head. A private vehicle may be used in these cases. In addition, employees may use a private vehicle to attend meetings when leaving directly from their home if traveling from home is more practical. Village vehicles may be used to travel to destinations within 300 miles from Mount Prospect on official Village business. Special approval must be obtained for longer trips from the department head and the Director of Finance. If expenses are incurred which relate to the use of a Village vehicle, receipts are required in order to receive reimbursement. Gasoline, tolls, repairs and other expenses attributable to the Village vehicle are reimbursable. 3. Private Vehicles Private vehicles may be used for travel on Village business when a Village vehicle is not available or when traveling greater than 300 miles from Mount Prospect. In either instance, the department head must grant approval. Reimbursement shall be limited to the lower of: . The amount due based upon the current mileage rate approved by the Internal Revenue Service plus tolls, parking, and garage charges (receipts required) or . The cost of air travel. The mileage reimbursement rate, as determined by the Internal Revenue Service, is intended to cover the following expenses: gasoline, normal wear and tear on the vehicle, insurance, and any vehicle damage. In the case of vehicle accidents, the employee's insurance policy will be considered to be the primary insurance coverage. 6 .. 4. Taxi and Airport Transportation It is expected that employees will use the most effective ground transportation available, considering cost, time, availability and scheduling. In travel between the employee's residence and the airport, the Village will reimburse the employee based on actual expenses incurred not to exceed the local transportation stipend provided for in Exhibit 3. Receipts must be submitted for reimbursement. An additional on-site transportation stipend will be available for other expenses related to transport between the airport and the conference/seminar hotel. The Village will reimburse the employee for actual expenses incurred not to exceed the on-site transportation stipend provided for in Exhibit 3. Receipts must be submitted for reimbursement. 5. Rental Vehicles The Village does not provide direct reimbursement for any car rental expenses. Should an employee choose to rent a vehicle at his or her own expense at the location of a conference or seminar, eliminating the need to take a taxi or bus between the airport and conference hotel, the Village will reimburse the employee up to an amount not to exceed the on-site transportation stipend provided for in Exhibit 3. Car rental receipts must be submitted before reimbursement is made. An employee may combine the local and on- site stipends for use either locally or at the conference/seminar location to allow flexibility in transportation options. H. Lodging 1. Hotel Reservations: General Information Reimbursement for lodging will be limited to the minimum number of nights required to conduct the assigned Village business including adequate travel time to and from the conference or business location. For example, if a conference opens on Monday morning at 8:00 a.m. in Springfield and closes on Thursday noon, reimbursement would be paid for Sunday through Wednesday night (assuming travel on Sunday with return on Thursday). Receipts for lodging are required. Additional nights lodging will be reimbursed if discount airfares are available and can be used by the employee so that the total cost of the discounted airfare and the additional lodging and other travel expenses produce a net savings for the Village. If an employee or official chooses to arrive earlier or stay later at his/her own discretion, the additional lodging and other expense incurred from the individual's decision will be considered personal expenses and will not be reimbursed. Various hotels/motels offer special discounts to government employees. The employee or official should check on such discounts when the reservation is placed. If a conference 7 ~ 1. Hotel Reservations: General Information (cont.) registration form indicates discounted lodging rates for conference attendees, the employee or official should obtain a room at the hotel/motel suggested given the rate is moderate. If the suggested hotel/motel is different from the conference site, and the conference does not provide transportation (such as a shuttle) between the sites, reasonable travel fees will be reimbursed with proper receipts. A copy of the registration form with the lodging rates should accompany the expense report. 2. Hotel Deposits The employee or official should pay hotel or motel deposits required to reserve accommodations unless this causes undue financial hardship. In most cases, the traveler can use a personal credit card to pay such a deposit. If the traveler wishes the Village to cover the deposit due to undue financial hardship, approval must be sought from the Department head and the Director of Finance. 3. Traveling With Spouse and/or Other Family Members If a spouse and/or other family members travel on an official trip, reimbursement will be limited to the single rate for the room occupied. 4. Miscellaneous Hotel Charges The Village will not reimburse employees for any hotel charges deemed to be personal. These include parking fees, in-room movies, health club charges, etc. The Village will reimburse for hotel parking charges if the use of a Village vehicle or rental car has been preauthorized. Any meals charged to the room are to be considered personal expenses in that the employee will be receiving a per diem for daily meals. I. TAKE-HOME VEHICLES Only those employees receiving authorization from the Village Manager may take Village- owned vehicles home. These employees are to use Village-owned vehicles for business purposes, commuting to and from work, and for occasional, incidental travel of short distance (such as stopping at a store on the way home). .' The Village will consider the personal use of Village-owned vehicles, including travel to and from home, a taxable fringe benefit as provided for in the Internal Revenue Code. 8 CHAPTER 3- TRAVEL RULES AND REGULATIONS A. Exhibit 1 - Conference/Seminar Attendance Request Form B. Exhibit 2 - Employee Expense Report Form C. Exhibit 3 - Current Per Diem Amounts and Transportation Stipends 9 Exhibit 1 VILLAGE OF MOUNT PROSPECT Conference/Seminar Attendance Request Employee & Department: Dates of Conference/Seminar: to Conference/Seminar Topic: Sponsoring Organization: Location: Purpose: Estimated Cost Registration Fee: Lodging: Meal Expense (Per Diem): - Bkfst @ $8.00 _Lunch @ $12.00 - Dinner @ $20.00 -or- Per Diem - Daily Rate: # of Days Rate Transportation: Air Fare Private Car Miles at Village Car Miscellaneous: Total Estimated Cost Advance Requested (Attach Check Request) Date Submitted By Date Authorized By H :\M I SC\D i rector\Policies\ T ravel\forms. doc Exhibit 2 VILLAGE OF MOUNT PROSPECT Employee Expense Report Employee & Department: Dates of Conference/Seminar: to Conference/Seminar Topic: Sponsoring Organization: Location: Expenses Registration Fee: Lodging: Meal Expense (Per Diem): - Bkfst @ $8.00 - Lunch @ $12.00 - Dinner @ $20.00 -or- Per Diem - Daily Rate: # of Days Rate Transportation: Air Fare Private Car Miles at Village Car Miscellaneous: Total Expense Advance Received < > Balance Due or <Refund> Date Submitted By Date H :\M ISC\Director\Policies\ T ravel\forms .doc Authorized By Exhibit 3 VILLAGE OF MOUNT PROSPECT, ILLINOIS CURRENT PER DIEM AND TRANSPORTATION ALLOWANCE AMOUNTS Per Diem Meal Reimbursements Breakfast Lunch Dinner $8.00 $12.00 $20.00 Per Diem - Overnight Travel Per Diem $50.00 Reimbursement for Use of Personal Vehicle Mileage Rate set by Internal Revenue Service - Recertify Each Year Conference Transportation Stipends Local Transportation $50.00 On-site Transportation $50.00 Revised: August 2004 12 "t. VILLAGE OF MOUNT PROSPECT Purchasing Policies and Procedures Manual Revised September 2004 TABLE OF CONTENTS CHAPTER 1 - INTRODUCTION A. Introduction/Statement of Policy 1 CHAPTER 2 - GENERAL PURCHASING POLICIES A. Purchasing Code of Ethics B. Conflict of Interest Policy C. Gifts and Gratuities - Village Guidelines for Accepting D. Approval of Village Purchases E. Competitive Bidding and Quotation Policy F. Waiver of Competitive Bidding G. Emergency Purchases Policy H. Sole Source Purchases I. Competitive Bidding Exemption J. Joint Purchasing K. Local Vendor Preference L. Adherence to Budget 2 3 3 4 5 5 6 6 6 7 7 7 CHAPTER 3 - MISCELLANEOUS PURCHASING POLICIES AND GUIDELINES A. Disposal of Village Property B. Purchases Near Year-end C. Use of Sales Tax Exemption Number D. Change Order Policy E. Fixed Asset Policy 9 9 9 10 10 CHAPTER 4 - COMPETITIVE BIDDING & REQUESTS FOR PROFESSIONAL SERVICES A. When a Formal Bid Is Required B. Preparing the Bid Document C. Additional Requirements for the Bid Document D. Bid Opening Requirements E. Bid Lists F. Requests for Professional Services G. Contracts 12 12 13 14 16 17 17 TABLE OF CONTENTS (cont.) CHAPTER 5 - METHODS OF PAYMENT PROCESSING A. Bill List Approval by the Village Board B. Regular Purchase Orders C. Changes to Existing Purchase Orders D. Blanket Purchase Orders E. Payment Directly from Invoices F. Prepayments G. Manual Checks H. Petty Cash 1. Credit Card Payments J. Check Requisitions K. Prompt Payment Act 18 18 18 18 19 19 20 20 22 23 23 CHAPTER 6 - GLOSSARY OF TERMS A. Glossary of Terms 24 CHAPTER 8 - EXHIBITS 28 A. Exhibit 1 - Budget Transfer Form B. Exhibit 2 - Sales Tax Exemption Letter C. Exhibit 3 - Bid Invitation Package D. Exhibit 4 - Instructions to Bidders - Equipment and Products E. Exhibit 5 - Instructions to Bidders - Services and Projects F. Exhibit 6 - Sample Bid Recommendation Memo G. Exhibit 7 - Purchase Order H. Exhibit 8 - Check Requisition Form 1. Exhibit 9 - Petty Cash Request Form CHAPTER I - INTRODUCTION A. Introduction/Statement of Policy The purpose of this purchasing manual is to provide the Village of Mount Prospect officials and staff with guidelines and directions for the acquisition of goods and services. When used with good judgment and common sense, the policies and procedures conveyed herein will allow the Village to obtain required supplies and services efficiently and economically. The Village of Mount Prospect utilizes a decentralized purchasing process. Purchasing activities (specification preparation, bid reviews, telephone quotation solicitation, and requisition preparation) are the responsibility of the using department and must be conducted within policies and procedures contained within this Purchasing Policies and Procedures Manual. The manual is divided into sections dealing with purchasing policies and procedures. The policy sections contain all the purchasing policies reviewed and recommended by the Village Manager and adopted by the Village Board, which must be adhered to by Village employees. The procedures sections provide a "how to" guide for processing purchase orders and other procedures regarding payment processing. Employees are expected to read and understand the purchasing policies and procedures manual. This manual is designed to be a fluid document and will be modified from time to time to conform to changes in legislation, technology, and actual practice. Although it may not answer every question related to purchasing practices, it does provide general guidelines for purchasing activities. Employees who need help dealing with specific situations not covered by the manual should contact their department head. The Village Manager, or his/her designee, shall be the final authority with regards to enforcement of any of the provisions of this manual. Failure to follow the procedures outlined in this manual may lead to disciplinary action in accordance with the provisions of the Village of Mount Prospect Employee Personnel Manual. Michael E. Janonis Village Manager Dated this - day of September 2004. CHAPTER 2 - PURCHASING POLICIES A. Purchasing Code of Ethics All Village personnel engaged in purchasing and related activities on behalf of the Village shall conduct themselves in a manner above reproach in every respect. Transactions relating to the expenditure of public funds require the highest degree of public trust to protect the interests of the Village and the residents of Mount Prospect. Village employees shall strive to: 1. Ensure that public money is spent efficiently and effectively and in accordance with statutes, regulations, and Village policies. 2. Procure the item needed by the Village that when placed in use will represent the maximum benefit and most economical cost for each dollar spent over the use or service life of the item. 3. Consider cooperative purchasing with other local governments and/or with the state of Illinois. 4. Not accept gifts or favors from current or potential suppliers, which might compromise the integrity of their purchasing function. 5. Specify generic descriptions of goods wherever possible in lieu of brand names when compiling specifications. 6. Not split purchase orders for identical or related goods or services to be received from the same vendor in order to circumvent established policy. 7. Purchase without favor or prejudice. 8. Ensure that all potential suppliers are provided with adequate and identical information upon which to base their offer or quotation and that any subsequent information is made available to all bidders. 9. Establish and maintain procedures to ensure that fair and equal consideration is given to each offer or quotation received. 10. Offer a prompt and courteous response to all inquiries from potential or existing suppliers. It shall be the responsibility of the Village Manager to determine if a violation of this Code of Ethics has occurred and if disciplinary action is necessary in accordance with the Village's Employee Personnel Manual. 2 . B. Conflict of Interest Policy Except as may be disclosed to and permitted by the Village Board, it shall be a breach of ethical standards for any employee to participate directly or indirectly in the purchasing process when the employee knows that: 1. The employee is contemporaneously employed by a bidder, vendor, or contractor involved in the procurement transaction; or 2. The employee, the employee's partner, or any member of the employee's immediate family holds a position with a bidder, offeror or contractor such as an officer, director, trustee, partner or the like, or is employed in a capacity involving personal and substantial participation in the procurement transaction, or owns or controls an interest in the company; or 3. The . employee, the employee's partner, or any member of the employee's immediate family has a financial interest arising from the procurement transaction; or 4. The employee, the employee's partner, or any member of the employee's immediate family is negotiating, or has an arrangement concerning, prospective employment with a bidder, vendor, or contractor. The employee's immediate family shall be defined as a spouse, children, parents, brothers and sisters, and any other person living in the same household as the employee. It shall be the responsibility of the Village Manager to determine if a violation of this Conflict of Interest policy has occurred and if disciplinary action is necessary in accordance with the Village's Employee Personnel Manual. C. Gifts and Gratuities - Village Guidelines for Accepting Village personnel should be aware that offers of gratitude from vendors could be designed to compromise objective judgment in product or service selection. Accordingly, it is Village policy to observe the highest standards of ethics and to shield the employee, the Village, and the vendor from any suggestion or appearance of conflict of interest. No employee shall permit any influence by vendors which could conflict with the best interest of the Village or prejudice the Village's reputation. Expenditures of Village funds to vendors shall not by intention personally benefit any person officially connected with the Village. Employees shall strive to follow the following guidelines: 1. Tangible gifts or gratuities shall not be accepted where their value suggests something more than merely a social gesture. Such gifts should be returned with a statement of Village policy. Promotional or advertising items of nominal value such as key chains, pens, coffee mugs, calendars and holiday candy are acceptable. Gifts that are capable of being shared, 3 such as a box of chocolates, shall. be shared within the office or section where the recipient works. 2. Association with vendor representatives at business meals or business organization meetings is occasionally necessary and is neither questionable nor unethical, provided the individual keeps himself/herself free of obligation. 3. Personal loans of money or equipment are not to be accepted from a vendor or an individual associated with a vendor doing business with the Village. 4. Solicitation of vendors for merchandise or certificates to serve as door prizes or favors is normally prohibited. However, exceptions may be approved by the Village Manager. 5. Corporate discounts granted to Village employees are acceptable only if they are offered to all Village employees and other corporate clients of the vendor. If in any doubt about the propriety of accepting a gift, the matter should be referred to the department head who will then, if necessary, discuss the matter with the Village Manager or his/her designee. In regards to gifts and gratuities, it is essential that all Village officials and staff conduct themselves according to the State of Illinois Gift Ban Act, Chapter 5 ILCS Section 425 of the Illinois Compiled Statutes. D. Approval of Village Purchases No employee shall purchase goods or services on behalf of the Village without first seeking approval as required by this policy. All purchases shall require advance approval of the appropriate individuals in accordance with the guidelines set forth below: Dollar Limits Under $1,000.00 Required Approvals Department Head $1,000.00 - $9,999.99 Department Head plus Director of Finance $10,000.00 and above Department Head plus Director of Finance plus Village Manager plus Board of Trustees Approval for purchases shall occur before the purchase is made, except in cases where the purchase is deemed to be an emergency. In emergency purchases, the required approvals are to be obtained as soon as reasonably possible. Any person responsible for approving purchases may delegate their approval authority to a designee in the event they are unable to approve purchases. 4 ,",-,.w. "_"m"~",_,,>-,y-,,-~,,,"'-"'.'"'~" ,- , - - E. Competitive Bidding and Quotation PoíŒy'{i- ',' . - , - Whenever possible, all purchases are to be based upon competitive bids or quotes in order to obtain the highest quality service, commodity or material at the lowest possible price. The following guidelines are to be followed in determining how many bids or quotes are required: Purchase Amount Under $1,000.00 Bidding and Quotation Requirement At least two competitive quotes recommended, but not required. $1,000.00 - $3,999.99 Two quote minimum, three quotes preferred. Verbal quotes are acceptable. $4,000.00 - $9,999.99 Two quote minimum, three quotes preferred. Quotes must be written. $10,000.00 and above Formal, advertised bidding process required. Village Board approval required. Requisitions submitted without the required quotes or a satisfactory explanation as to why quotes were not obtained (e.g. sole source, emergency, standardized vendor etc.) will be returned to the originator without approval. The splitting of a purchase into two or more purchase requisitions for the purpose of avoiding competitive quotes or the bidding process is an express violation of this policy. The unlawful stringing of bids for the purpose of evading the bidding requirements is a violation of state statute (720 ILCS 5/33E-18), and is a Class 4 felony. Items purchased more than once during a fiscal year (e.g. forms, copier supplies, etc.) do not need quotes every time a purchase is made. However, competitive quotes for these items shall be sought at least once each year to ensure that vendors are competitive. F. Waiver of Competitive Bidding The Village Board, by a two-thirds vote of all the Trustees then holding office, may waive the bidding procedures and enter into a contract or agreement. Requests for bid waivers shall be made only when goods or services are proprietary (i.e. sole source), where standardization is necessary or desirable (e.g. furniture), in emergencies as defined in this manual, or when it is in the best interests of the Village to do so. In any instance, a statement justifying the need for a bid waiver shall be included in the department's recommendation. G. Emergency Purchases Policy Emergencies are defined as events that could not have been foreseen where immediate action is necessary to safeguard the public's health and safety, and prevent excessive delays in work, contracts, and/or transportation. In the event of an emergency, a department head or his/her 5 designee may authorize a vendor to perform work necessary to resolve such emergency without formal bid solicitation. If the emergency and the need for immediate action result in an expenditure of $10,000 or more, documentation shall be presented to the Village Manager prior to such authorization. Emergency purchases of $10,000 or more shaH be presented to the Village Board for approval in a reasonable period of time following resolution of the crisis. Within one business day of procuring the emergency purchase, the department head shall ensure that a purchase order is generated for the item. The purchase order description should clearly indicate that this is a "confirming order". H. Sole Source Purchases Contracts for parts, supplies, or equipment that are available only from a single source are referred to as sole source purchases. Sole source procurements may arise from the following circumstances: 1. Equipment for which there is no comparable competitive product or is available only from one supplier. 2. Public utility services from natural or regulated monopolies. 3. A component or replacement part for which there is no commercially available substitute, and which can be obtained only from the manufacturer. 4. An item where compatibility is the overriding consideration, such as computer software. 5. A used item that becomes immediately available and is subject to prior sale. These items shall not be subject to the requirement of seeking competitive quotes or bids. However, sole source purchases of $10,000 or more shall be presented to the Village Board prior to acquisition with a request to waive bids, approve the purchase, and enter into a formal contract. I. Competitive Bidding Exemption When, in the ordinary course of Village business, no single purchase of, or individual contract for specific types of supplies, materials, or services exceeds $10,000, but the total dollar value of all purchases and/or contracts for said specific types of supplies, materials, or services during the Village's fiscal year does exceed said amount, said purchases may not be subject to the competitive bidding requirement and may not require the Village Board to waive the competitive bidding requirement. At his/her discretion, the Village Manager shall determine whether these purchases require Village Board approval of a waiver of bids. Where a bid waiver is determined to not be necessary, said purchases shall still be subject to the requirements of Chapter 2, Section E of this manual concerning quote solicitation for purchases under $10,000. 6 It is not the intent of this subsection to ehëoúragethë circumvention of the bidding requirements and, to the extent practicable, Village staff is encouraged to rely upon the competitive bidding process. Rather, the competitive bidding exemption provided by this section is intended to recognize and address those situations in which. a- competitive bidding requirement is not necessarily practicable, and can be eliminated without jeopardizing the Village's ability to obtain a low and competitive price from a qualified responsible contractor/vendor. J. Joint Purchasing State of Illinois The State of Illinois Joint Purchasing Program was established by State Statute (30 ILCS 525/2). The program is administered by the Procurement Services Division of the Illinois Department of Central Management Services. Appropriate Village employees are authorized to obtain goods and services using the State of Illinois Joint Purchasing program. When available through the State program, it is not necessary for Village employees to obtain quotes or to competitively bid the goods or services that are sought. Employees shall be responsible, however, for ensuring that the goods or services are of a quality sufficient to meet the Village's needs and that pricing is competitive. When making purchases using the State's assigned vendor, purchase requisitions are submitted to the vendor directly and shall include the State of Illinois contract number and the Village's assigned Joint Purchasing member 1.0. number (L 3720-00) on the purchase order. Purchases through a Joint Purchasing Program in an amount of $10,000 or more still require Village Board approval as set forth in Section D. Other Units of Government Employees are permitted to purchase items jointly with other units of government or with the Northwest Municipal Conference when the price of the goods or services sought is competitive and the quality meets the Village's standards. Prior to initiating the transaction, employees shall seek the appropriate approvals as set forth in Section D of this purchasing policy. K. Local Vendor Preference The Village of Mount Prospect will strive to give vendors located within the Village's boundaries an opportunity to submit quotes or bids for services, commodities, or equipment if they are competitive in price and quality. The Village will not, however, pay a higher price to a vendor located in Mount Prospect for a comparable product or service offered by a vendor located outside the Village's corporate boundaries at a lower price. L. Adherence to Budget Village employees and officials shall not purchase goods or services unless there are adequate funds budgeted within the currently approved budget. The level of budgetary control is 7 - -'------..-'-'----.---...----.--------" '-'- established at the department level within each fund. Department heads shall not expend funds in excess of the amounts budgeted for their department within each operating or capital fund. If under extraordinary circumstances the department head finds it necessary to exceed the budget established for his or her department, a memorandum shall be sent to the Director of Finance requesting a budget amendment. The Director of Finance shall obtain Village Manager approval prior to requesting the Village Board amend the current budget. In the event that circumstances require a department head to exceed a specific line-item budget by an amount in excess of 10%, he or she shall request a line-item budget transfer using the appropriate budget transfer form (Exhibit 1). The budget transfer form shall be forwarded to the Director of Finance for approval. Department heads shall not charge purchases to improper expenditure accounts in order to stay within the approved budget. 8 " '...,:. CHAPTER 3 - MISCELLANEOUS PURCHASING POLICIES & GUIDELINES A. Disposal of Village Property Property owned by the Village may be sold or otherwise disposed of when such personal property is no longer necessary or useful to the Village. Village property of value may not be sold or traded without prior approval of the Village Board. The Director of Finance may authorize the disposal of Village property if the value of such property does not exceed $100. All proceeds from the sale or trade-in of Village owned property is to be forwarded to the Director of Finance for deposit into Village accounts. B. Purchases Near the End of the Fiscal Year When purchases are made near the end of the fisc:Cil. year (i.e. December 31), departments shall be responsible for ensuring that they are expensed (Le. charged) against the fiscal year in which the goods or services were received. The date goods are received or services are performed determines which fiscal year they are expensed against. This is true regardless of when the purchase requisition is processed or the purchase order is issued. C. Use of Sales Tax Exemption Number 1. Use by Employees Village purchases are not subject to sales tax, therefore, employees shall make efforts to inform vendors of the Village's tax-exempt status and to ensure that sales tax is not paid for purchases made with petty cash or credit cards. Employees shall provide vendors who request them with a sales tax exemption form signed by 'the Director of Finance (Exhibit 2-1). Sales tax exemption letters may be obtained from the Accounts Payable Clerk in the Finance Department. Use of the Village's sales tax exemption number is restricted to purchases made on beba1fofthe Village. State law prohibits use of the Village's sales tax exemption number to secure exemptions for personal reasons and such use will subject the responsible individual and all guilty parties to a fine of not more than $10,000 or to imprisonment for not more than five years or both, together with costs of prosecutions. 2. Use by Outside Contractors or Vendors The Illinois Department of Revenue regulations allow contractors to use the Village's sales tax exemption number to purchase materials used in construction of public improvements, which will be eventually dedicated to the Village. Use of the exemption number is limited to purchases directly related to work being done on behalf of the Village. Contractors are responsible for any tax due on purchases determined to be non-exempt and for purchases not made on the Village's behalf. 9 --" Requests by contractors for the Village's sales tax exemption number shall be forwarded to the Director of Finance. In order to obtain the number, the contractor shall be required to complete and submit to the Village a sales tax exemption request letter and a material and estimated quantities worksheet. After these documents have been received and approved, the Village will provide the contractor with a sales tax exemption certificate. D. Change Order Policy Village Manager and Village Board approval is required for all change orders of $10,000 or more and for all change orders which, when combined with those previously approved, increase or reduce the contract price by more than $10,000. The following financial policy is consistent with this statute. It shall be the responsibility of each department head to ensure that all applicable change orders are submitted to the Village Board for approvaL In addition, department heads shall be responsible for monitoring all contract payouts and retainages and ensuring that the amount of the change order is correct. In special circumstances a change order requiring Village Board approval may be authorized by the Village Manager or his/her designee prior to being placed on the Village Board agenda. After receiving authorization, however, the department, following the requirements outlined above, shall place the change order on the Village Board's agenda. Prior to approving a change order or series of change orders which authorize or necessitate an increase or decrease in either the cost of a public contract by a total of $1 0,000 or more or the time of the completion by a total of 30 days or more the employee or official shall first present to the Village Board a determination in writing that (1) the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, or (2) the change is germane to the original contract as signed, or (3) the change order is in the best interest of the Village. To fail to do so the employee or official commits a Class 4 felony. The written determination and the written change order resulting from that determination shall be preserved in the contract's file which shall be open to the public for inspection. B. Fixed Asset Policy A fixed asset policy is herein established to ensure compliance with governmental financial reporting standards and to safeguard Village assets. Fixed assets shall include land, buildings, machinery, equipment and vehicles with a life expectancy of one year or more. To be included in this definition, the capitalization threshold of the asset or minimum value of the asset at the time of acquisition is established at $5,000. General infrastructure such as roads, sidewalks and storm sewers shall be capitalized utilizing a threshold of $1 0,000. 10 " - . ,., ""'~,"."",-- - . .., Responsibility for control of fixed assets restS witIl the operating department wherein the asset is located. The Director of Finance shall ensure that such control is being maintained by establishing a fixed asset inventory that is updated on a regular basis and which documents all additions and deletions to the fixed asset inventory. Operating departments shall report the disposal or relocation of a fixed asset promptly to the Director of Finance or his/her designee. Assets acquired during the year shall be recorded as an expenditure against the appropriate capital expenditure account, which shall be used for financial reporting purposes. Assets shall be recorded in the fixed asset inventory by using an appropriate description and by recording serial numbers where applicable. Tagging of all assets will not be required. Assets not capitalized under this policy but which, in the opinion of the Director of Finance may, in the aggregate, account for a substantial asset group, shall be inventoried by the appropriate operating department by means or system suitable for maintaining control of the assets. Departments shall maintain separate detailed fixed asset inventory records for those capital assets falling below the capitalization threshold when the nature 9f th()se assets warrants close oversight and control. Examples include firearms, computers, fire hose, and chainsaws. 11 CHAPTER 4- COMPETITIVE BIDDING AND REQUESTS FOR PROFESSIONAL SERVICE A. When a Formal Bid Is Required All purchases of goods or services exceeding $10,000 shall be subject to the competitive bidding process and shall be let, by free and open competitive bidding after advertisement, to the lowest responsible bidder or any other bidder whom the Village Board deems to be in the best interest of the Village. Sealed bids shall be sought when goods or services are anticipated to cost more than $10,000. B. Preparing the Bid Document 1. It is the responsibility of the respective department to prepare the specifications for the item(s) to be bid along with any other documents needed to complete the bid invitation package (Exhibit 3). 2. All bid documents must contain the following information: . Cover Letter . Instructions to Bidders (Exhibit 4 or Exhibit 5) . Notice of Bid . Bid Proposal Form . Bid Certification Form . General Terms, Conditions and Instructions . Specifications of the item/service 3. The department head shall determine a bid opening date. The bid opening date must be at least ten days and not more than forty-five days after the published notification date. 4. The department head is responsible for placing a legal notice concerning the bid in a local newspaper of general circulation at least ten days prior to the bid opening. 5. The department head shall send bid invitations to all known responsible vendors on the bidders list for the particular item, as well as to any other prospective bidders the department head deems qualified and competitive. Bid documents should not be mailed to bidders before the notice of bid ad is placed in the newspaper. This will help ensure that all prospective bidders have the same amount of time to complete the bid document. 6. The Instructions to Bidders shall specify that all submitted bids are to be sealed and delivered/mailed to the department preparing the bid documents. 12 - ." . . '-'" - . 7. The Instruction to Bidders shall specify that each submitted bid is to include a certification by the prime contractor that the prime contractor is not barred from contracting with any unit of State or local government as a result of a violation of either the State's bid-rigging law (720 ILCS 5/33E-3) or the bid rotating law (720 ILCS 5133E- 4) 8. The department head shall determine if a pre-bidders conference meeting is to be held to explain to all potential bidders the purchase or project, the bidding requirements, and any other information the potential bidders might need to submit a qualified bid. Ideally, the notification of the pre-bidders conference will be included with the bid invitation package. This notification should indicate the date, time and location of the conference and who from the Village will be in attendance. The conference should be held early in the bidding process, leaving vendors ample time to submit their bid. A sign-in sheet should be available at the pre-bidders conference for all attending vendors to sign. 9. Departments shall not provide anyone or more potential bidders with material information relative to the purchase or project without providing the same information to all vendors that requested bid documents. Any Village employee or official who knowingly conveys, directly or indirectly, outside of the publicly available invitation to bid, pre-bid conference, or solicitation for contracts procedure, to any person any information concerning the specifications for such contract or the identity of any particular potential subcontractor, when inclusion of such information in the bid would influence the likelihood of acceptance of such bid or offer, commits a Class 4 felony. It is not a violation of law to convey information intended to clarify plans or specifications regarding a public contract where such disclosure of information is also made generally available to the public and those companies that requested a bid document package. 10. An employee or official who, either directly or indirectly, knowingly informs a bidder or offeror that the bid or offer will be accepted or executed only if specified individuals are included as subcontractors commits a Class 3 felony. 11. Any employee or official who knowingly awards a contract based on criteria which were not publicly disseminated via the invitation to bid, the pre-bid conference, or any solicitation for contracts procedure, commits a Class 3 felony. C. Additional Requirements for the Bid Document 1. A bid bond, cashier's check, certified check, or other approved security in an amount equal to 10% of the bid should be required to be submitted at the time bids are due to guarantee the successful bidder will sign a contract when the Village deems it necessary. 2. When preparing the bid document, departments should consider whether to require contractors to provide a performance bond if awarded the contract. In instances where the bid is for construction services or significant building improvements, it is customary to require the contractor to provide a performance bond. A performance bond, issued by 13 a surety company, stipulates a legal, written obligation to guarantee 100% payment for any financial loss caused by default of the contractor. When assigned to the Village of Mount Prospect, it grants an assurance as to the performance and successful completion of the terms of the contract and assures payment of the taxes, licenses, or assessments associated with the contract. The contractor shall provide the performance bond within ten (10) calendar days of award of the bid. Bonds required to guarantee performance shall be in a form acceptable to the Village and shall provide that they shall not terminate on completion of the work, but shall be reduced to ten percent (10%) of the contract sum upon the date of final payment by the Village for a period of one (1) year to cover a warranty and maintenance period which Contractor agrees shall apply to all material and workmanship for one (1) year from the date of issuance of the final payment by the Village. 3. During the term of the contract, the contractor shall provide the Village with a certificate of insurance. The limits of liability shall be specified in the bid document's General Terms and Conditions and shall include comprehensive general liability, auto liability, professional liability (required only where contracts are for professional services), workers compensation (the policy shall include a 'waiver of subrogation'), and umbrella coverage. 4. The aforementioned insurance requirements shall be fulfilled by the contractor by maintaining insurance policies which name the Village, its officers, agents, employees, representatives and assigns as additional insureds. The contractor shall furnish to the Village satisfactory proof of coverage by a reliable company or companies, before commencing any work. Such proof shall consist of certificates executed by the respective insurance companies and filed with the Village together with executed copies of an "Additional Insured Endorsement" form. Said certificates shall contain a clause to the effect that, for the duration of the contract, the insurance policy shall be canceled, expired or changed so as to the amount of coverage only after written notification 30 days in advance has been given to the Village. In addition, said certificates shall list the Village and its officers, agents and employees as additional insureds on all required insurance policies except the policy for professional liability. D. Bid Opening Requirements 1. The Village Manager's Office shall receive all sealed bids. Any bids submitted that are not sealed shall not be accepted and shall be returned to the vendor. All bids are to be date and time stamped upon receipt. All eligible bids must be received before the deadline on the day of the bid opening. Sealed bids are not to be opened by the Village prior to the published bid opening date and time; to do so is to commit a Class 4 felony. Any employee who knowingly discloses to any interested person any information related to the terms of a sealed bid commits a Class 3 felony. 2. All formal bid openings are to be conducted by the Village Clerk or his/her designee and at least one other village representative on the scheduled bid opening date and time. 14 3. A designated department employee shall review the post bid process with those vendors in attendance at the bid opening. 4. Upon opening the bids, a designated department employee shall provide the vendors in attendance at the bid opening the name of each vendor submitting a bid and their submitted price. 5. After the bid opening, the department head shall prepare a bid tabulation and review all bids for compliance with the bid specifications. The department head shall then forward to the Village Manager a memorandum summarizing the bid results and his or her recommendation. This memorandum shall take the form shown in Exhibit 6. The responsible employee shall analyze the bid results and recommend which company should be awarded the bid. The recommendation should be based on the following: a) The lowest responsible bid. b) The ability, capacity, and skill of the bidder to perform the contract to provide the service required. c) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference. d) The character, integrity, reputation, judgment, experience, and efficiency of the bidder. e) The quality of performance of previous contracts of services. f) The previous and existing compliance by the bidder with laws and ordinance relating to the contract or service. g) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service. h) The quality, availability, and adaptability of the supplies or contractual service to the particular use required. i) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract. j) The number and scope of conditions attached to the bid. k) Whether the bidder has a place of business in the Village. 1) Responsiveness to the exact requirements of the invitation to bid. 15 m) Ability to work cooperatively with the Village and its administration. n) Past records of the bidder's transactions with the Village or with other entities as evidence of the bidder's responsibility, character, integrity, reputation, judgment, experience, efficiency and cooperativeness. 6. Upon concurrence of the bid recommendation by the Village Manager, the bid award recommendation will be forwarded to the Village Clerk to be placed on the agenda of the next scheduled Village Board meeting. 7. Following the acceptance of the bid and awarding of a contract by the Village Board, the department head shall notify the successful bidder of the Village Board's approval. The department head shall also notify the unsuccessful bidders of the results. 8. The department head shall then initiate a purchase order for the purchase. 9. The department head shall retain the originally submitted bids for a period of not less than ten years. 10. Within fourteen (14) days following Village Board approval of the contract, the issuing department will contact the successful bidder to have the Village's contract signed and to obtain performance bonds and certificates of insurance when required. The signed contract will be forwarded to the Village Clerk for safekeeping after it is received. 11. Signed contracts, certificates of insurance and performance bonds must be obtained from the contractor before work begins. It is the responsibility of the applicable department to ensure that the Village's contract has been signed, and certificate of insurance and performance bond obtained before work begins. 12. The issuing department shall be responsible for handling bid deposits. The bid deposit of the accepted bidder is to be returned only after acceptance by the Village of a satisfactory performance bond where such bond is required or completion of contract where no performance bond is required. The remaining bid deposits of each contractor should be returned after the Village Board has awarded the contract. E. Bid Lists Each department shall be responsible for maintaining a current list of bidders and for determining prospective bidder's qualifications for goods and services they might require. Requests to be placed on the bid list received by the Finance Department shall be forwarded to the appropriate individuals or departments for consideration. When developing the list of bidders, all relevant vendors within the Village of Mount Prospect will be given every opportunity to compete for the Village's business. 16 -"..., F. Requests for Professional Services Some contracts, by their nature, are not adapted to award by competitive bidding. These contracts generally result from a request for proposal (RFP). A request for proposal is utilized when professional services are being sought such as engineering, legal, audit, or consulting serVIces. Essentially, all of the procedures that apply to sealed bids also apply to the request for proposal. The specifications, however, are written around performance standards rather than a description of a good. Whereas the bidding process begins with the issuance of a bid invitation package for the sealed bid process, the request for proposal is issued for professional services. The originating department should follow all of the procedures listed on pages 12 - 18 of this policy document when professional services are being bid. A pre-proposal conference may be substituted in the place of the pre-bidders conference and follows the same guidelines as explained on page 13. When seeking approval from the Village Board, a guideline should be submitted to the Board indicating the criteria used to qualify the prospective professionals. The criteria used can be past projects of comparable size, number of years in the profession, number of qualified and/or licensed staff on the project team, references of past clients, and Village staff site visits. G. Contracts After the bidding process is completed and the Village Board approves the purchase of the goods or services, which were bid, the originating department issues a purchase order and/or a contract to be executed by the successful bidder. A contract is a legal obligation of the Village and must be on terms acceptable to the Village Board. In order to make certain the contract provisions as set by Village staff and the vendor are in the best interests of the Village and are legally accurate, the department head should provide a copy of all proposed contracts to the Village Attorney for review. After review by the Village Attorney, the contract is forwarded to the Village Manager for his signature or the signature of the Mayor. The originally signed contract is routed to the Village Clerk for filing. The Village Clerk's office retains all original contracts for the Village of Mount Prospect. If the vendor requires an originally signed contract as well, two documents should be executed. The originating department should retain a copy of the contract for future reference. 17 CHAPTER 5 - METHODS OF PAYMENT PROCESSING A. Bill List Approval by the Village Board The final step in the purchasing process involves the payment of invoices for goods or services received and accepted. The Village Board generally meets on the first and third Tuesdays of each month. It is at these meetings that the bill lists are approved. The Finance Department is responsible for generating a report listing all bills to be paid. If the Village Board approves the bill list, the payments are mailed or are ready for pick-up the Wednesday following the Village Board meeting. To insure a check is cut for any given bill list (the 1 st and 3rd Tuesday of each month), the request must generally be submitted to the Accounts Payable Clerk no later than the Friday falling nine days prior to the board meeting date. B. Regular Purchase Orders Generally, all purchases shall require the issuance of a regular purchase order (Exhibit7) to the vendor before an order for goods or services is filled. The exceptions are purchases processed with a blanket purchase order (see description below) and purchases totaling $500 or less. No employee shall have the authority to purchase items on the Village's behalf without first submitting a purchase requisition request and obtaining the required approvals from supervisory staff or the Village Board where applicable. C. Changes To Existing Purchase Orders After a purchase order is issued to the vendor it may become necessary to make changes to the quantity, price, shipping cost, account number, etc. When this occurs, the department submits an amended purchase order request through the purchasing software module. Sometimes because of minor price variation and/or shipping costs, the amount of the purchase order will not be identical to the invoice amount. Approval of the invoice amount will override the purchase order amount as long as appropriate signatures are obtained. Change orders where the original contract was for $10,000 or more, or where the change order increases the total cost to $10,000 or more, require Village Manager and Board approval. D. Blanket Purchase Orders Blanket Purchase Orders are intended to give employees flexibility when purchasing items for less than $1,000. Orders exceeding $1,000 shall be processed using a regular purchase order. In instances where a blanket purchase order has been issued to a vendor, it is not necessary to process a separate purchase order in advance of obtaining the goods or services. The receipt 18 and/or packing slip shall be sent to the Accoùriis Payable Clerk. When the invoice is received, they are attached and sent to the designated department for approval. The following is a partial list of the commodities and services that can be purchased through a blanket purchase order arrangement: . auto and truck parts . batteries (automotive, truck, flashlight and barricade) . bituminous surface materials, cold patch, seal coating . chlorine and phosphate . forestry and agriculture supplies . gasoline and diesel fuel . hardware items . landscaping materials . lubricants . lumber . office supplies . painting supplies . sod and top soil . tires, tubes and front end alignments . trees . uniforms . welding gases E. Payment Directly from Invoices There are some bills that can be paid directly from invoices received without the issuance of a purchase order. Generally, these are for on-going expenditures where little or no choice of vendors exists. Examples include utility bills, newspaper subscription renewals, insurance payments, debt service payments, and renewal dues for professional organizations. In this case, the Accounts Payable Clerk sends the invoice to the designated department, where the appropriate authority assigns an account number and approves. F. Prepayments The Village will not pay for goods and services until the goods are received or the service is rendered. Exceptions: 1. Deposits on contracts approved by the Village Board. 2. Memberships and books or periodicals. 3. Payments to local, State, and Federal government entities. 19 4. Service and maintenance contracts where necessary. 5. Small orders (under $500.00) where the department head approves prepayment. 6. Prepayments approved by the Director of Finance or Village Manager. G. Manual Checks Manual checks are interim checks issued between normal accounts payable cycles when an emergency or other extenuating circumstance as determined by the Director of Finance makes it impractical or unreasonable to wait until Village Board approval. Since the issuance of manual checks circumvent Village Board approval and are labor intensive and time consuming to issue, this method of payment shall be restricted to unique or special circumstances. All requests for manual checks must be processed by completing a check requisition form (Exhibit 8). The completed form shall include the vendor's name and address, the account number against which the payment is being charged, a description of the item purchased, and an explanation in the remarks section as to need for the check. The form shall also include the signature of the applicable department head. The check requisition form needs to be marked for a "manual" or "ASAP" check. Completed forms shall be submitted to the Director of Finance for approval. The Department of Finance will not issue manual checks in instances where reasonable means could have been taken to process the payment following normal payment methods. H. Petty Cash This policy sets forth procedures for the handling of petty cash monies at the Village Hall, Police, Public Works, and Fire Departments. It further establishes the procedures for reporting petty cash disbursements by department to the Department of Finance as well as reimbursements to each petty cash box. Petty cash boxes are located in the Village Manager's Office, the Finance Department, Police Department, Public Works Building, and Fire Department. Each department head is responsible for designating an individual accountable for petty cash in their possession. They are responsible for seeing that the total value of receipts and cash on hand equal the amount of petty cash established. The Petty Cash box is subject to audit (Section 2f) and the department heads will be accountable for any non-compliance with these procedures and any shortage of funds. The following policy and procedural guidelines have been established to promote a more efficient and accountable petty cash operation. All departments within the Village are responsible for abiding by this policy. 20 "' -. . , . '. ". 1. Petty Cash Disbursements to Employees a. Requests for petty cash may be made to the representative responsible for administering the petty cash in each department. b. There is a $50 limit per petty cash request per day. Any amount above $50 must be reimbursed via a check requisition submittal through the accounts payable process. Reimbursable expenses under $50 incurred by an employee for training expenses, etc. should be reimbursed from petty cash rather than through the accounts payable process. c. No one is allowed to take money from petty cash without a petty cash request form (Exhibit 9) signed by the appropriate supervisor. The employee who will receive the money must also sign the petty cash request form. . If a petty cash request form is submitted without a receipt (e.g. money is requested before a receipt has been obtained), the person disbursing the money will mark the receipt form for the amount given out. When the employee brings back a receipt after the money is spent, along with the change (if applicable), the proper dollar amount is recorded. The receipt will then be attached to the petty cash request form and placed in the petty cash box. . If a receipt is submitted with the petty cash request form, the employee is reimbursed and no further action by the employee is needed. At this time, the petty cash request form is put in the petty cash box. . All receipts must be original. If desired, copies may be made and kept by the employee, but the original is given to the respective person responsible for petty cash in each department. . If for some reason the employee did not obtain a receipt for submittal with the petty cash request form, supervisory approval must be noted on the petty cash receipt form. d. All petty cash request forms must contain the following information: . Date . Detailed description of the expenditure . Name ofperson(s) to receive money . Name of person authorizing receipt of money (must be a supervisory employee specifically designated by the department) . Account number to which the expenditure will be charged and receipt 21 -.. -- -. ""-"__m- 2. Reimbursing Each Petty Cash Box a. The persons responsible for the various petty cash boxes not only disburse petty cash to various employees, they must reconcile the petty cash box and request petty cash reimbursements as needed. b. The amount of petty cash allotted to each department will be determined by the Director of Finance based upon average petty cash disbursements. c. Departments shall submit petty cash reimbursement requests on an as needed basis to the Finance Department. However, reimbursement requests should generally not exceed two per month. The petty cash reimbursement request shall contain the following information: . Detailed list of account numbers . Total amount of charges for each account number . All original petty cash request forms and corresponding receipts . A completed and signed check request form d. Once the petty cash reimbursement request is reviewed and processed, the Finance Department will forward to the department head a check for petty cash reimbursement. The check is then cashed at the bank and the money is forwarded to the respective department rep(~sentative to reimburse their petty cash box. e. The envelope with the petty cash request forms and receipts is then attached to the file copy of the check that was cut for reimbursement and is stored with the accounts payable files in the Finance Department. f. Petty Cash will be subject to periodic announced and unannounced audits to determine compliance with these procedures. Any discrepancies with compliance or cash balance shall be immediately reported to the Director of Finance. I. Credit Card Payments The Village has provided certain department heads and deputy directors with a corporate credit card for use in making purchases. Each individual is responsible for the security of the card and should not permit its use for means other than those permitted by this policy. Credit card use shall be limited to the purchase of items under $500 (excluding payment of travel expenses) where a purchase order cannot be used (e.g. airline reservations, restaurants etc.). Credit cards shall not be used to circumvent the normal payment process. 22 As with all purchases made on the Village's bèhalf, goods purchased with a credit card are exempt from sales tax. Therefore, employees shall provide the vendor with a sales tax exemption form in order to avoid being charged sales tax. When credit card invoices are received, they should be processed as soon as possible to avoid late fees and finance charges. Receipts for goods or services purchased with a credit card shall be obtained and submitted to accounts payable when requesting payment. If a receipt is not issued, a packing slip may be provided to accounts payable. Payment will not be made unless receipts (or an explanation as to why receipts are not available) are included with the credit card statement. The Finance Department shall maintain a list of the credit cards issued to each employee and shall request that they be returned prior to termination of employment. Returned cards shall be forwarded to the Director of Finance or his/her designee and shall be canceled. J. Check Requisitions Purchase orders are the preferred method of payment for most Village transactions. However, when purchase orders are not utilized, check requisitions (Exhibit 8) should be used for payment processing. Check requisitions require the signature of a Department head and the Director of Finance. Invoices or receipts are to be attached to check requisition forms. Check requisitions should contain the following information; name and address of vendor, description of goods or services received, amount to be paid, account number to be charged, invoice number and invoice date (where applicable) and the date the requisition was submitted. K. Prompt Payment Act The Illinois Prompt Payment Act (50 ILCS 505) provides that the appropriate local government official receiving goods or services must approve or disapprove a bill from a vendor or contractor for goods or services furnished the Village within thirty (30) days after the receipt of such bill or within thirty (30) days after the date on which the goods or services were received, whichever is later. Written notice is to be mailed to the vendor or contractor immediately if a bill is disapproved. Any bill approved for payment is to be paid within thirty (30) days after the date of approval. If payment is not made within such 30 day period, the vendor may invoice the Village for an interest penalty of 1 % of any amount approved and unpaid for each month or fraction thereof after the expiration of such 30 day period, until final payment is made. If the local government official whose approval is required for any bill fails to approve or disapprove that bill within the thirty day period provided for above, the vendor may invoice the Village for an interest penalty of 1 % of the outstanding bill computed from the date sixty (60) days after the receipt of that bill or the date sixty (60) days after the goods or services are received, whichever is later. Department heads are charged with the responsibility of ensuring compliance with the approval requirement. 23 CHAPTER 6 - GLOSSARY OF TERMS "'" A. Glossary of Terms 1. Addenda are written or graphic instruments issued prior to the time of bid opening, which modify or interpret the Bid Documents by additions, deletions, clarifications, or corrections. 2. Alternate Bid is a bid that deviates from set specification and offers or proposes another way of accomplishing the same. 3. Approval means the process of Village authorization of an action prior to its execution. 4. An Award is the acceptance of a bid proposal, which results in the presentation of a purchase agreement or contract to a bidder. 5. A Bid is a complete and properly signed proposal to provide the commodities or services or designated portion thereof for the sums stated therein, submitted in accordance with the Bid Documents. 6. A Bid Bond is an insurance agreement in which a third party agrees to be liable to pay the Village a certain amount of money in the event the Bidder awarded the Contract does not execute the Contract Documents, or furnish any required Performance Bond. The Bond is given to the Village at the time of Bid submittal. 7. A Bid Deposit is a sum of money or guaranteed check deposited with and at the request of the Village guarantee that a Bidder (depositor) awarded the Contract will execute the Contract, furnish any required Performance Bond, and proceed with performance. The Bid Deposit is given to the Village at the time of Bid submittal and released when Performance Bond is received. 8. A Bidder is an individual, firm, or corporate entity submitting a bid (proposal). 9. Bid Documents include the advertisement or invitation to bid, instructions to bidders, the bid form, other sample bidding and contract forms, and the proposed Contract Documents including all Addenda issued prior to receipt of bids. 10. A Capital Project is a facility construction or modification project or a road and bridge project approved by the Village Board as part of the Capital Improvement Program. 11. A Change Order is a written change to the Contract signed by the contractor, the Village and, where applicable, the consultant; issued after execution of the Contract, authorizing a change in the work or an adjustment in the contract sum or the contract time. 24 . - . . - .'"" .'. -U--.'" . 12. Commodity is an article of trade, afuôvâblë article of value, something that is bought or sold, or any movable or tangible thing that is produced or used as the subject of barter or sale. Goods, materials, supplies, and equipment are commodities. 13. A Contract to be valid and enforceable must contain four basic elements: 1) agreement (meeting of the minds) resulting from an offer and acceptance. (2) consideration, or obligation; (3) competent parties; and (4) a lawful purpose. 14. The Contract Documents consist of the owner-contractor agreement, the conditions of the Contract (general, supplementary, and other conditions), any drawings, the specifications, and all addenda issued. 15. An Emergency Purchase is a purchase of commodities or services necessitated by breakage, damage, or decay, or when the public interest would suffer by delay, which is made without following the normal purchasing procedure. 16. The Evaluation of a Bid is the process of examining a bid after opening to determine the bidder's price(s), responsibility, responsiveness to requirements, and other characteristics of the bid. 17. A Formal Bid is a bid, which must be forwarded in a sealed envelope and in conformance with a prescribed format, to be opened at a specified time. 18. Free on Board this is a shipping term that defines three things. 1. The point at which the buyer takes legal title to the goods. 2. Who is responsible for payment of freight charges. 3. Who is responsible for prosecuting claims against carriers for loss or damage. The term F.O.B. must be qualified by a name of location, such as shipping point, destination, name of city, warehouse, etc. The slated F.O.B. point is usually the location where title to the goods passes from seller to buyer. The seller is liable for transportation charges and the risks of loss or damage to the goods up to the point where title passes to the buyer. The buyer is liable for such charges and risks after passing of title. 19. An Informal Bid is an unsealed competitive offer conveyed by letter, telephone, fax, or other means. . 20. An Invitation for Bids is a request, verbal or written, which is made to prospective suppliers requesting the submission of a bid on commodities or services. 25 25. 26. 27. 28. 29. 30. 21. The Lowest Responsible Bidder is the bidder whose bid is in compliance with the specifications in all material respects and whose bid in unit price, total cost of operation or value per dollar is lower than any of the other bidders, and whose reputation, past performance, and business and financial capabilities are such that they are judged by the appropriate authority to be capable of satisfying the Village's needs for the specific contract. 22. A Performance Bond is a form of security executed subsequent to award by a successful Bidder that guarantees the proper execution of the Contract and the payment of debts to persons furnishing services or materials on account of the Contract work. The bond is provided by the Contractor prior to Contract execution. 23. Personal Services are services provided by an individual, firm or corporate entity where no Village job classification exists for the work which is to be performed or where the Human Resources Department has determined that another type of appointment is not practical. 24. Prequalification of Bidders is the screening of potential vendors in which the Village considers such factors as financial capability, reputation, and management in order to develop a list of Responsible Bidders qualified to bid on contracts. A Price Agreement is a contractual agreement in which the Village contracts with a vendor to provide the purchaser's requirements at a predetermined price. Usually it involves a minimum number of units, orders placed directly with the vendor by the Village, and a limited duration of the contract (usually one year). Professional Services are those services which require specialized training and knowledge and intellectual skills such as architectural, engineering, medical, accounting, auditing, legal, real estate, consulting, and counseling services. Proposal vs. Bid the State Statute requires that competitive "bids" be taken for all matters except professional services. The "bid" may be a proposal, but the process is "bidding". If we choose to waive the statutory "bidding" requirement, then we consider non- competitive or selective quotes or proposals. Proprietary Items are items belonging to or controlled as property manufactured and sold only by the owner of the patent, formula, brand name, or trademark associated with the product. A Responsible Bidder is a bidder whose reputation, past performance and business and financial capabilities are such that the bidder is judged by the appropriate Responsible Official to be capable of satisfying the government's needs for a specific contract and who is not debarred by the Village. A Responsive Bidder is a bidder whose bid does not materially vary from the specifications and terms set out in the Invitation for Bids. 26 31. 32. 33. ...< Sole (Single) Source - When only one supplier is able to provide the product, material, or service required by the Village. This is usually because of technology or uniqueness of product and there is not a comparable product available. Specifications mean any description of the physical, technical, or functional characteristics of a commodity, service, or construction item. It may include a description of any requirement such as inspecting, testing or preparing a commodity, service or construction item for delivery. It may also include provisions which govem various aspects of the relation of parties under the Contract. A Sub-bidder is a person or entity that submits a Bid to a Bidder for materials or labor for a portion of the work. 34. A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials or services as described in the Bid Documents or in the proposed Contract Documents. 27 .. - - - . CHAPTER 7 - EXHIBITS A. Exhibit 1 B. Exhibit 2 C. Exhibit 3 D. Exhibit 4 E. Exhibit 5 F. Exhibit 6 G. Exhibit 7 H. Exhibit 8 1. Exhibit 9 - Budget Transfer Request Form - Sales Tax Exemption Letter - Bid Invitation Package - Instructions to Bidders - Equipment and Products - Instructions to Bidders - Services and Projects - Sample Bid Recommendation Memo - Purchase Order - Check Requisition Form - Petty Cash Request Form 28 VILLAGE OF MOUNT PROSPECT Exhibit 1 Budget Transfer Request Form Date of Request: For Fiscal Year: Department: Request No. (For Finance Department Use Only) Amount To Account Amount From Account $ $ $ $ $ $ $ $ Need assistance in finding a source funds. Justification: ... -.........h.". ...h.... ........ .... ...... ..... ....... ........ ... .u..........u.u....u.... ".'..u....h_"- ..... ....... ..-.. ... ...- u. u...- ....._h_'._..- "-".". u_..... _u..,- ,'.u."." ......... _u_. Signatures and Approval Dept. Head 1: Dept. Head 2: Director of Finance: Comments: Approved/Di sapproved/ Referred to Village Manager Village Manager: Comments: Approved/Disapproved ....h.h..........u."." -............ ........-. .-.... ................... _u.... .._u...-... ...... u.".".' ...... .-... ......h "'. ... ......u .... .... ._.. .h_".,.- u_u_....... - -"..'.u..' -'..'.-".".".u'. Finance Dept. Data Entry Copies: Village MaI1ager Dept. 1: Dept. 2: Instructions 1. Transfers may only be made between expenditure accounts (no revenue accounts). 2. No request should be made for a transfer of less than $100. 3. Amounts to be transferred must be rounded to the nearest dollar. 4. The total of the transfers from the "From" accounts must equal the total transfers to the "To" accounts. 5. Whenever possible, transfers should be requested between accounts of the same department. 6. The references to "Dept. Head 1" and "Dept. 1" on the front side of this form pertain to the department initiating the budget transfer. That is, a department requesting a transfer of funds between its own accounts or requesting a transfer of funds to its accounts from accounts of another department. The references to "Dept. Head 2" and "Dept. 2" relate to a department agreeing to relinquish funds to another department. If a department head is agreeing to relinquish funds to another department, the signatures of both department heads must appear on the front side ofthis form. 7. If a department head cannot identify a funding source for a requirement, the block beside "Need assistance in finding a source of funds" should be checked. In these cases, the Director of Finance wi 11 attempt to identify a source account. The requesting department should attempt to identify source accounts from among its own departmental accounts before asking for assistance. If neither the requesting department nor the Director of Finance can identify a source account, the Director of Finance will request a budget amendment from the Village Board if appropriate. 8. All transfers must be between accounts of the same fund. 9. Although transfers between more than two accounts may be requested with this form, separate budget transfer request forms should be used for funding requirements which are unrelated. 1 O. Budget transfer requests should be submitted to the Director of Finance. disapproved, a copy of the request form will be sent to all departments involved. Once approved or 11. If sufficient funds are not available in an account to make a purchase, a budget transfer shou]d be requested before the purchase is made or a purchase order is submitted. Exhibit 2a MAYOR Gerald L. Farley Phone: (847) 392-6000 Fax: (847) 818-5336 TOO: (847) 392-6064 TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert Richard M. Lohrstorfer Michaele W. Skowron Irvana K. Wilks Michael A. lade! VILLAGE CLERK Velma W. Lowe Village of Mount Prospect 50 South Emerson Street Mount Prospect, l11inois 60056 VILLAGE MANAGER Michael E. Janonis RETAILERS' OCCUPATION AND SERVICE USE TAX EXEMPTION CERTIFICATE The undersigned hereby certifies that he is the Finance Director of the Village of Mount Prospect, a governmental unit of the State of Illinois, and that he is authorized to execute this certificate and that the article or articles specified in purchase orders of this governmental unit are purchased from you for exclusive use of the said Village of Mount Prospect in connection with the operation of the said Village of Mount Prospect. The Department of Revenue, State of Illinois, issued to the Village of Mount Prospect tax exemption identification number E9998-1475-04 pursuant to letter dated January 20,2000. It is understood that the exemption from tax in the case of sales of articles under this exemption certificate to a state, tenitory or political subdivision thereof, or the District of Columbia, is limited to the sale of articles purchased for their exclusive use, and it is agreed that if articles purchased tax free under this exemption certificate are used otherwise or are sold to employees or others, such fact will be reported by me to the manufacturer ofthe article or articles covered by this certificate. It is also understood that the fraudulent use of this certificate to secure exemption will subject the undersigned and all guilty parties to a fine of not more than $10,000, or to imprisonment for not more than five years, or both, together with costs of prosecution. David O. Erb, Director of Finance Date Exhibit 2b illinois Department of Revenue Office of Local Government Services Sales Tax Exemption Section, 3-520 101 W. Jefferson Street Springfield, IL 62702 217 782-8881 January 20, 2000 VILLAGE OF MT PROSPECT RICHARD L JESSE. FISCAL OFFICE 100 S EMERSON ST MT PROSPECT IL 60056 Effective January 1, 2000, we have renewed your governmental exemption from payment of the Retailers' Occupation Tax, the Service Occupation Tax (both state and loca!), the Use Tax, and the Service Use Tax, as required by Illinois law. Your organization is not, however, exempt from Illinois Hotel Operators' Occupation Tax, Electricity Excise Tax, Electricity Distribution Tax, and Telecommunications Excise Tax. " We have issued the following new tax exemption identification number: .E9998-1475-04 to VILLAGE OF MT PROSPECT of MT PROSPECT. IL The terms and conditions governing use of your exemption number rema.jn unchanged. Office of Local Government Services Illinois Department of Revenue . JAN 3 , 2(D) .,.n........."" . -(:.. ,:'c./'. . STS-70 (R-2/98J IL-492-3524 10-0000458 Exhibit 3 VILLAGE OF MOUNT PROSPECT BID DOCUMENTS «Insert bid item name here in italic, bold and in caps)) BID OPENING DATE: BID OPENING TIME: TABLE OF CONTENTS Bidder Introduction Letter........................ Bid Notice.......................................... Proposal Form...................................... Bid Certification Fonl1............................ Bidders Reference Form........................... Instructions to Bidders............................. ((Any other items)) 1 2 3 4 5 6- MA YOR Gerald L Farley Phone: (847) 392-6000 Fax: (847) 392-6022 TOO: (847) 392-6064 TRUSTEES Timothy 1. Corcoran Paul Wm. Hoefert Richard M. Lohrstorfer Michaele W. Skowron ¡rvana K. Wilks Michael A. Zadc! VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK Velma W. Lowe Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 (SAMPLE BIDDER INTRODUCTION LETTER) ((Date)) To Prospective Bidder: On behalf of the citizens of the Village of Mount Prospect I want to express my thanks for your interest in becoming a part of our Village bid process. I call you special attention to the Instructions to Bidders section of the bid documents. Please be sure that you read this document thoroughly and fully understand these instructions prior to the preparation of your bid. Note that the instructions call for no deviation from the bid specifications except for those deviations which are listed as such on the vendors bid detail sheet and which are expressly approved as part of the Village's acceptance of the bid. The equipment you are considering offering as part of this bid must meet the performance and specifications set forth in the bid document Unles~denotE:;d "No Substitution", the Village's minimum required specifications may be exceeded. Remember, however, to list all deviations and provide a description of the upgraded item in the proper space provided. Final bid acceptance will be based upon that equipment which is deemed most favorable to the interests of the Village after all bids have been examined and canvassed. We encourage you to participate in our bid process and will be happy to answer any questions you may have regarding the accompanying documents. Questions with regard to specifications should be directed to ((insert appropriate individuals name and telephone number). Thank you for considering submitting a bid. Sincerely, NOTICE TO BID VILLAGE OF MOUNT PROSPECT Mount Prospect, IL 60056 The Village of Mount Prospect Department of «(insert department name)) is soliciting bids for «(insert item name here». Sealed bids will be received by the ((insert tile of department director», ((insert department address here», until «(enter bid opening time here», local time, ((enter bid opening date here», at which time they will be publicly opened and read aloud. It is the responsibility of the bidder to meet the specified opening time, and any bid not so received will be retumed unopened. Bids must be identified as such on the outside of the sealed envelope. This can be done by label as may be provided or by marking the envelope "SEALED BID" and with the following infonnation: company's name, address, bid item, date and time of opening. Specifications and complete bid documents may be obtained from the Office of the ((insert title of department director here». Further inforn1ation regarding this bid may be obtained by contacting ( insert appropriate name and telephone number here». The Village of Mount Prospect reserves the right to waive any and all informality, or to reject any and all bids and/or parts thereof; and to accept that bid which it deems most favorable to Mount Prospect after all bids have been examined and canvassed. By Order of the President and Board of Trustees of the Village of Mount Prospect. date «insert department head name)) TO BE PUBLISHED ON , 20- IN (insert name of newspaper» NOTE: THIS FORM MUST BE NOTARIZED Return with Bid VILLAGE OF MOUNT PROSPECT BID CERTIFICATION FORM RE: CERTIFICATION OF BIDDER, COMPLIANCE WITH 720 ILCS 5/33 I/We hereby certify that is not barred from bidding on (name of bidder) this contract as the result of a violation of either Article 33E-3 or Article 33E-4 of State Statute 720 ILCS 5/33. Signed: Date: Title: ---------------------------------------------------------------------------------------------------------------------------- PUBLIC ACT 85-1295 720 ILCS 5/33 Section 5/33E-3 Bid-rigging. A person commits the offense of bid-rigging when he knowingly agrees with any person who is, or but for such agreement would be, a competitor of such person concerning any bid submitted or not submitted by such person or another to a unit of State of local government when with the intent that the bid submitted or not submitted will result in the award of a contract to such person or another and he either (1) provides such person or receives from another information concerning the price or other material term or terms of the bid \vhicl1 would .otherwise not be disclosed to a competitor in an independent non-collusive submission of bids or (2) submits a bid that is of such a price or other material tern1 or terms that he does not intend the bid to be accepted. Bid-rigging is a Class 3 felony. Any person convicted of this offense shall be barred for 5 years from the date of conviction from bidding on any contract offered for bid by any unit of State or local government. Section 5/33E-4 Bid Rotating. A person commits the offense of bid rotating when pursuant to any collusive scheme or agreement with another, he engages in apattern over time (which, for purposes of this Section, shall include at least 3 contract bids within a period of ten years, the most recent of which occurs after the effective date of this amendatory Act of 1988) of submitting sealed bids to units of State or local government with the intent that the award of such bids rotates, or is distributed among, persons or business entities which submit bids on a substantial number of the same contracts. Bid rotating is a Class 2 felony. Any person convicted of this offense or any similar offense of any state or the United States which contains the same elements as this offense shall be permanently barred from bidding on public contracts in the State of Illinois. REFERENCES BIDDER NOTE: Bidder shall provide as many customer references as possible for services/equipment identica1 or as similar as possib1e to that which the bidder has proposed within his bid submitta1. BUSINESS: ADDRESS: CONTACT PERSON: PHONE NUMBER: APPROXIMATE DATE OF SALE/SERVICE: BUSINESS: ADDRESS: CONT ACT PERSON: PHONE NUMBER: APPROXIMATE DATE OF SALE/SERVICE: BUSINESS: ADDRESS: CONTACT PERSON: PHONE NUMBER: APPROXIMATE DATE OF SALE/SERVICE: BUSINESS: ADDRESS: CONT ACT PERSON: PHONE NUMBER: APPROXIMATE DATE OF SALE/SERVICE: BUSINESS: ADDRESS: CONTACT PERSON: PHONE NUMBER: APPROXIMATE DATE OF SALE/SERVICE: BUSINESS: ADDRESS: CONTACT PERSON: PHONE NUMBER: APPROXIMATE DATE OF SALE/SERVICE: Exhibit 4 VILLAGE OF MOUNT PROSPECT INSTRUCTIONS TO BIDDERS EQUIPMENT/PRODUCTS The general rules and conditions that follow apply to all bids requested and accepted by the Village of Mount Prospect unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. Failure to do so will be at the bidder's own risk. Submitting of a bid is an assumption that vendor has familiarized himself with all conditions and intends to comply with them unless noted otherwise. 1. FORMS Bid forn1s are furnished by the Village. All bids must be submitted on the forn1s provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids must be delivered to the appropriate Village representative prior to the bid opening date and time to be considered. Bids must be identified as such on the outside of the sealed envelope. This can be done by label as may be provided by the Village, or by marking the envelope "SEALED BID" and with the following infonnation: company's name, address, item bid, date and time of opening. 2. ALTERNATE MULTIPLE BIDS/SPECIFICATIONS The specifications describe the equipment/product that the Village feels is necessary to meet the perfonnance requirements of the Vil1age. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on items which deviate from these specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable specifications should be plainly noted. The bid must be accompanied by complete specifications for the items offered. Any questions regarding the specifications, drawings, etc., shall be refeITed to that individual so referenced in the Specifications section of the Bid Document. Vendors wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, fin11 or corporation. 3. RECEIVING OF BIDS Bids received prior to the time of opening will be securely kept, unopened. The Department Director or his/her designee, whose duty it is to open the bids, will decide when the specified time has anived, and no bid received thereafter will be considered. No responsibility wil1 be attached to the Village or its representatives for the premature or non-opening of a bid not properly addressed and identified, except as otherwise provided by law. 4. LATE BIDS Bids arriving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 5. BIDS BY FAX Bids must be submitted on the original forn1s provided by the Village completely intact as issued. Facsimile machine transmitted bids will not be accepted, nor will the Village transmit bid documents to prospective bidders by way of a facsimile machine. 6. ERROR IN BIDS When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over signature of bidder. 7. WITHDRAWAL OF BIDS A written request for the withdrawal of a bid or any part thereof maybe granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of sixty (60) calendar days, or such longer time as stated in the bid documents. 8. CONSIDERATION OF BID No bid will be accepted from or contract awarded to any person, firn1 or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perform faithfully any previous contract with the Village. The bidder, if requested, shall present, within 48 hours, evidence satisfactory to the V i11age of perforn1ance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the tern1S of these specifications and contract document. 9. PRICES Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, fTeight, and shipping charges, and cost of unloading at the destination únl'êss otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in determining overall price, but may be used in an overall evaluation. 10. AWARD OR REJECTION The Village reserves the right to reject and/or award any and al1 bids or parts thereof and to waive formalities and technicalities according to the best interests of the Village. Any bid submitted wi11 be binding for sixty (60) days subsequent to the date of the bid opening. Bidders shall make all investigations necessary to thoroughly inform themselves regarding the equipment or supplies to be fumished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations wi11 be accepted asa basis for varying the requirements of the Vi11age of the compensation to the bidder. Any exceptions not taken by the bidder shall be assumed by the Village to be included. A contract wil1 be awarded to the lowest responsible bidder complying with the conditions of the contract documents only when it is in the best interest of the Village to accept the bid. The Village shal1 be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or al1 bids or parts thereof. 11. PAYMENT Payment will be made within thirty (30) days after acceptance of the equipment or supplies and bidder's compliance with al1 stipulations relating to the bid/contract. 12. REQUIREMENT OF BIDDER The successful bidder shall, within ten (10) days after notification of the award: a) enter into a contract in writing with the Vil1age covering all matters and things as are set forth in the specifications and his bid; b) carry insurance acceptable to the Vi11age, covering public liability, property damage and workers compensation. 13. COMPLIANCE WITH ALL LAWS Al1 work under the contract must be executed in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 14. CONTRACT AL TERA nONS No amendment of a contract shall be valid unless made in writing and signed by the Village President, Vil1age Manager, or their authorized representative. 15. NOTICES All notices required by the contract shal1 be given in writing. 16. NONASSIGNABILITY The contractor shall not assign the contract, or any part thereof, to any other person, firm or corporation without the previous written consent of the Village. Such assignment shall not relieve the contractor from his obligations or change the terms of the contract. 17. INDEMNITY The contractor shall indemnify and save halmless the Village, its officers and employees from any and all liability, losses or damages, including attorneys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the contractor under this contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgements shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The contractor expressly understands and agrees that any perfonnance bond or insurance protection required by the contract, or otherwise provided by the contractor, shall in no way limit the responsibility to indemnify, keep and save hannless and defend the Village as herein provided. 18. EQUAL EMPLOYMENT OPPORTUNITY During the perforn1ance of the contract and/or supplying of materials, equipment and supplies, bidder must be in full compliance with all provisions of the Acts of the General Assembly of the State of Illinois relating to employment, including equal opportunity requirements. 19. REQUIRED INSURANCE In submission of a bid, the bidder is certifying that he has all insurance coverages required by law or would nonnally be expected for bidder's type of business. 20. BID PERFORMANCE DEPOSIT When it is required, it will be so stated elsewhere within this bid package áJong with the amount required. The deposit is to be in the fonn of a certified check, or a bank cashiers check. All bid perfornlance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid perfornlance deposit check of the successful bidder wilI be retained until the goods have been received or completedlinstalled and found to be in compliance with the specification or until surety bonding requirements have been satisfied and proof of insurance coverage is provided in accordance with the Special Provisions Section of these specifications. 21. ACCEPTANCE After the acceptance and award of the bid, and upon receipt of a written purchase order executed by the proper officials of the Village, this instructions to bidders, and all other portions of the bid documents, including the specifications, will constitute part of the legal contract between the Village of Mount Prospect and the successful bidder. 22. DEFAULT The Village may tenninate a contract by written notice of default to the contractor if the contractor: a. Fails to make delivery of the product within the time fÌame specified in the specifications, or b. Fails to make progress so as to endanger performance of the contract, or c. Fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as is required. If the Village ternlinates the contract, the Village may procure equipment or supplies similar to those so terminated, and the contractor shall be liable to the Village for any excess costs for similar equipment or supplies, unless the contractor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the contractor. 23. SPECIAL CONDITIONS Wherever special conditions/requirements are written into the Specifications or Special Provisions which are in conflict with conditions stated in these Instructions to Bidders, the conditions stated in the Specifications or Special Provisions/Requirements shall take precedence. 24. PERMITS AND LICENSES The successful bidder shall obtain, at his own expense, all permits and licenses that may be required to complete the contract (where applicable). 25. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the contract nor partial or entire use of the equipment/product embraced in this contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor of liability in respect to any express warranties or responsibility for failure to comply with the te1111S of those contract documents. It is expressly agreed by the parties hereto that in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of one year fÌom the date of completion of all the work mentioned herein and acceptance thereof by the Village of Mount Prospect, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and ful11ish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on his bond given for the faithful performance of this contract shall be liable to the Village of Mount Prospect for all damages and expenses occasioned by such failure, refusal or delay. 26. PREVAILING WAGES All laborers and mechanics employed by contractors and subcontractors on construction work for this project shaH be paid wages at rates no less than those prevailing on similar construction in the locality as deternlined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 US.c. 276a-5), and shal1 receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 US.C. 327- 333), and the contractors and subcontractors shall comply with all regulations issued pursuant to these Acts and with other applicable federal laws and regulations pertaining to labor standards. The Secretary of Labor has, with respect to the labor standards specified in this Section, the 1950 (5 USe. 1332-15) and Section 2 of the Act ofJune 13, 1934, as amended (40 u.S.e. 276c). Not less than the prevailing wage shall be paid for labor on the work to be done as required by law. 27. BIDDERS QUALIFICATIONS All bidders must submit the following infonnation on or before the time at which the bid is required to be submitted: a. The location of the bidder's pennanent place ofbusiness. b. Evidence of ability to provide an efficient and adequate plan for executing the work. c. A Jist of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 28. BID CERTIFICATION FORM All bid submittals must include a signed Bid Certification Fonn (copy included in Bid Documents) certifying that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid-rigging. Illinois State Law Article 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid rotating. Therefore, all bidders must certify that they are not barred from bidding on the contract as a result of a violation of State Law 33E-3 and/or 33E-4, prohibiting bid-rigging and bid rotation. It is necessary that this be done under oath. Therefore, the fOlID included with the bid submittal sheets must be notarized. 29. DEVIATIONS Unless denoted "No Substitution", the Vi1lage's minimum required specifications may be exceeded. However, vendors must list all specification deviations and provide a description and/or catalog sheet that ful1y describes that which they propose to furnish, in lieu of that specified. Final bid acceptance shall be based upon that bid deemed most favorable to the interests of the Village after al1 bids have been examined and canvassed. Exhibit 5 VILLAGE OF MOUNT PROSPECT INSTRUCTIONS TO BIDDERS SERVICES The general rules and conditions that follow apply to all bids requested and accepted by the Village of Mount Prospect unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting bids. Failure to do so wil1 be at the bidder's own risk. Submitting of a bid is an assumption that vendor has familiarized himself with all conditions and intencls to comply with them unless noted otherwise. 1. FORMS Bid forms are furnished by the Village. All bids must be submitted on the fon11S provided, complete and intact, properly signed in ink in the proper spaces, and submitted in a sealed envelope. All bids must be delivered to the appropriate Vil1age representative prior to the bid opening date and time to be considered. Bids must be identified as such on the outside of the sealed envelope. This can be done by label as may be provided by the Vil1age, or by marking the envelope "SEALED BID" and with the following information: company's name, address, item bid, date and time of opening. 2. ALTERNATE MOL TIPLE BIDS/SPECIFICATIONS The specifications describe the services that the Village feels is necessary to meet the performance requirements of the Village. It is not the desire or the intent to eliminate or exclude any bidder from bidding because of minor deviations, alternates or changes. Bidders desiring to bid on services which deviate from these specifications, but which they believe are equivalent, are requested to submit alternate bids. However, alternate bids must be clearly indicated as such, and deviations from the applicable specifications should be plainly noted. The bid must be accompanied by complete specifications for the services offered. Any questions regarding the specifications, drawings, etc., shall be referred to that individual so referenced in the Specifications section of the Bid Document. Vendors wishing to submit a secondary bid must submit it as an alternate bid. There is to be only one bid per envelope. The Village shall be the sole and final judge unequivocally as to whether any substitute is of equivalent or better quality. This decision is final and will not be subject to recourse by any person, firm or corporation. 3. RECEIVING OF BIDS Bids received prior to the time of opening will be securely kept, unopened. The Depa11ment Director or his/her designee, whose duty it is to open the bids, will decide when the specified time has arrived, and no bid received thereafter will be considered. Nö responsibility will be attached to the Village or its representatives for the premature or non-opening of a bid not properly addressed and identified, except as otherwise provided by law. 4. LATE BIDS Bids alTiving after the specified time, whether sent by mail, courier, or in person, will not be accepted. These bids will either be refused or returned unopened. It is the bidder's responsibility for timely delivery regardless of the method used. Mailed bids which are delivered after the specified hour will not be accepted regardless of post marked time on the envelope. 5. BIDS BY FAX Bids must be submitted on the original fonns provided by the Village completely intact as issued. Facsimile machine transmitted bids will not be accepted, nor will. the Village transmit bid documents to prospective bidders by way of a facsimile machine. 6. ERROR IN BIDS When an error is made in extending total prices, the unit bid price will govern. Otherwise, the bidder is not relieved from errors in bid preparation. Erasures in bids must be explained over signature of bidder. 7. WITHDRAWAL OF BIDS A written request for the withdrawal of a bid or any part thereof may be granted if the request is received by the Director of the requesting Department prior to the specified time of opening. After the opening, the bidder cannot withdraw or cancel his bid for a period of sixty (60) calendar days, or such longer time as stated in the bid documents. 8. CONSIDERA nON OF BID No bid will be accepted from or contract awarded to any person, finn or corporation that is in arrears or is in default to the Village upon any debt or contract, or that is a defaulter, as surety or otherwise, upon any obligation to the Village or had failed to perfornl faithfully any previous contract with the Village. The bidder, if requested, shall present, within 48 hours, evidence satisfactory to the Village of perfornlance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the tenns of these specifications and contract document. 9. PRICES Unit prices shall be shown for each unit on which there is a bid, and shall include all packing, crating, freight, and shipping charges, and cost of unloading at the destination unless otherwise stated in the bid. Unit prices shall not include any local, state or federal taxes. The Village is exempt, by law, from paying state and village retailer's occupation tax, service occupation tax, and federal excise tax. The Village will supply the successful bidder with its tax exemption number. Cash discounts will not be considered in deternlining overall plice, but may be used in an overall evaluation. 10. A WARD OR REJECTION The Village reserves the right to reject and/or award any and all bids or parts thereof and to waive formalities and technicalities according to the best interests of the Village. Any bid submitted will be binding for sixty (60) days subsequent to the date of the bid opening. Bidders shall make all investigations necessary to thoroughly infornl themselves regarding the equipment or supplies to be furnished in accordance with the bid. No plea of ignorance by the bidder of conditions that exist or that may hereafter exist as a result of failure or omission on the part of the bidder to make the necessary examinations and investigations will be accepted as a basis for varying the requirements of the Village of the compensation to the bidder. Any exceptions not taken by the bidder shall be assumed by the Vi1lage to be included. A contract wi1I be awarded to the lowest responsible bidder complying with the conditions of the contract documents only when it is in the best interest of the Village to accept the bid. The Village shall be the sole judge of compliance with the specifications and reserves the right to accept or reject any and/or all bids or parts thereof. 11. PAYMENT Payment will be made within thirty (30) days after acceptance of the services rendered and bidder's compliance with all stipulations relating to the bid/contract. 12. REQUIREMENT OF BIDDER The successful bidder shall, within ten (10) days after notification of the award: a) enter into a contract in writing with the Village covering all matters and things as are set forth in the specifications and his bid; b) carry insurance acceptable to the Village, covering public liability, property damage and workers compensation. 13. COMPLIANCE WITH ALL LAWS All work under the contract must be executed in accordance with all applicable federal, state and local laws, ordinances, rules and regulations. 14. CONTRACT ALTERATIONS No amendment of a contract shall be valid unless made in writing and signed by the Village President, Village Manager, or their authorized representative. 15. NOTICES All notices required by the contract shall be given in writing. 16. NONASSIGNABILITY The contractor shall not assign the contract, or any part thereof, to any other person, fiml or corporation without the previous written consent of the Village. Such assignment sha11 not relieve the contractor from his obligations or change the ternlS of the contract. 17. INDEMNITY The contractor shall indemnify and save ha1l11less the Village, its officers and employees from any and all liability, losses or damages, including attoll1eys fees and costs of defense, the Village may suffer as a result of claims, demands, suits, actions or proceedings of any kind or nature, including workers' compensation claims, in any way resulting from or arising out of the operations of the contractor under this contract, including operations of subcontractors; and the contractor shall, at his own expense, appear, defend, and pay all fees of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith; and, if any judgements shall be rendered against the Village in any such action, the contractor shall, at his own expense, satisfy and discharge same. The contractor expressly understands and agrees that any performance bond or insurance protection required by the contract, or otherwise provided by the contractor, shall in no way limit the responsibility to indemnify, keep and save ham1less and defend the Village as herein provided. 18. EQUAL EMPLOYMENT OPPORTUNITY During the performance of the contract and/or supplying of materials, equipment and supplies, bidder must be in full compliance with all provisions of the Acts of the General Assembly of the State of Illinois relating to employment, including equal opportunity requirements. 19. REQUIRED INSURANCE In submission of a bid, the bidder is certifying that he has all insurance coverages required by law or would normally be expected for bidder's type of business. In addition, the bidder is certifying that he has at least the following insurance coverages: Tvpe of Insurance General Liability Bodily Injury Property Damage Contractual Ins. Automobile Liability Bodily Injury Property Damage Workers Compensation Employee Claims Employers Liability Limit! Limit/ Ea. Occurrence Aggregate $1,000,000 $3,000,000 $1,000,000 $3,000,000 $1,000,000 $3,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 Statutory for Illinois $1,000,000 per accident The bidder is to grant the Village an "additional insured" status on all applicable insurance policies and provide the Village with original endorsements affecting coverage required by this clause. Said policies will not be cancelled unless the Village is provided a thirty (30) day written notice. Nothing contained in the insurance requirement shall be construed as limiting the extend of the contractor's responsibilities for payment of damages resulting from his operations under this agreement. 20. BID PERFORMANCE DEPOSIT When it is required, it will be so stated elsewhere within this bid package along with the amount required. The deposit is to be in the fonn of a certified check, or a bank cashiers check. All bid perfOlmance deposit checks will be retained by the Village until the bid award is made, at which time the checks will be promptly returned to the unsuccessful bidders. The bid perfonnance deposit check of the successful bidder will be retained until the services have been rendered or completed/installed and found to be in compliance with the specification or until surety bonding requirements have been satisfied and proof of insurance coverage is provided in accordance with the Special Provisions Section ofthese specifications. 21. ACCEPTANCE After the acceptance and award of the bid, and upon receipt ofa written purchase order executed by the proper officials of the Village, this instructions to bidders, and all other portions of the bid documents, including the specifications, will constitute part of the legal contract between the Village of Mount Prospect and the successful bidder. 22. DEFAULT The Village may terminate a contract by written notice of default to the contractor if the contractor: a. Fails to make delivery or perfonn the services within the time frame specified in the specifications, or b. Fails to make progress so as to endanger perfom1ance of the contract, or c. Fails to provide or maintain in full force and effect, the liability and indemnification coverages or performance bond as is required. If the Village terminates the contract, the Village may procure services similar to those so terminated, and the contractor shall be liable to the Village for any excess costs for similar services, unless the contractor provides acceptable evidence that failure to perform the contract was due to causes beyond the control and without the fault or negligence of the contractor. 23. SPECIAL CONDITIONS Wherever special conditions/requirements are written into the Specifications or Special Provisions which are in conflict with conditions stated in these Instructions to Bidders, the conditions stated in the Specifications or Special Provisions/Requirements shall take precedence. 24. PERMITS AND LICENSES The successful bidder shall obtain, at his own expense, all permits and licenses that may be required to complete the contract (where applicable). 25. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the contract nor partial or entire use of the product! improvement embraced in this contract by the Village or the Public shall constitute an acceptance of work not done in accordance with the contract, or relieve the contractor ofliability in respect to any express warranties or responsibility for failure to comply with the terms of those contract documents. It is expressly agreed by the parties hereto that in the event any defects or imperfections in the materials or workmanship to be furnished by the contractor herein appear within the period of one year from the date of completion of all the work mentioned herein and acceptance thereof by the Village of Mount Prospect, the contractor will, upon notice from said Village (which notice may be given by letter to said contractor to the business address of the contractor shown in the proposal), repair and make good at his own cost any such defects or imperfections and replace any defective or imperfect materials or workmanship with other materials or workmanship satisfactory to said Village, and furnish all such new materials and labor as may be necessary to do so; and in the event of the failure, refusal or delay of said workmanship or materials said Village may do so or have same done by others, and said contractor and surety or sureties on his bond given for the faithful performance of this contract shall be liable to the Village of Mount Prospect for all damages and expenses occasioned by such failure, refusal or delay. 26. PREVAILING WAGES All laborers and mechanics employed by contractors and subcontractors on construction work for this project shall be paid wages at rates no less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 u.S.e. 276a-5), and shall receive overtime compensation in accordance with and subject to the provisions of the Contract Work Hours and Safety Standards Act (40 u.S.e. 327- 333), and the contractors and subcontractors shall comply with all regulations issued pursuant to these Acts and with other applicable federal laws and regulations pertaining to labor standards. The Secretary of Labor has, with respect to the labor standards specîfied in this Section, the 1950 (5 USe. 133Z-15) and Section 2 of the Act of June 13, 1934, as amended (40 US.C. 276c). Not less than the prevailing wage shall be paid for labor on the work to be done as required by Jaw. 27. BIDDERS QUALIFICATIONS All bidders must submit the following infornlation on or before the time at which the bid is required to be submitted: a. The location of the bidder's pernlanent place of business. b. Evidence of ability to provide an efficient and adequate plan for executing the work. c. A list of similar projects carried out by the bidder. d. A list of projects the bidder presently has under contract. e. Any additional evidence tending to show that the bidder is adequately prepared to fulfill the contract. 28. BID CERTIFICATION FORM All bid submittals must include a signed Bid Certification Fonn (copy included in Bid Documents) certifying that the bidder is in compliance with Sections 33E-3 and 33E-4 of the Illinois Criminal Code regarding bid rotating and bid-rigging. Illinois State Law Article 33E-3 and 33E-4 states that it is unlawful to participate in bid-rigging and/or bid rotating. Therefore, all bidders must certify that they are not barred from bidding on the contract as a result of a violation of State Law 33E-3 and/or 33E-4, prohibiting bid-rigging and bid rotation. It is necessary that this be done under oath. Therefore, the fonD included with the bid submittal sheets must be notarized. 29. DEVIATIONS Unless denoted "No Substitution", the Village's minimum required specifications may be exceeded. However, vendors must list all specification deviations and provide a description and/or catalog sheet that fully describes that which they propose to furnish, in lieu of that specified. Final bid acceptance shall be based upon that bid deemed most favorable to the interests of the Vil1age after all bids have been examined and canvassed. Exhibit 6 VILLAGE OF MOUNT PROSPECT BID RECOMMENDA nON - STANDARD MEMO FORMAT TO: Village Manager FROM: Department Director DATE: SUBJECT: XYZ Program Bid Results General Bid Information August 1,2004, at 10:00 am sealed bids were received for the XYZ Program. At this time, the sealed bids were publicly opened and read aloud. The XYZ Program involves the purchase of specific equipment to be used to improve Village property located in the downtown district. Ten contractors received invitational bids and advertising was placed in the local newspaper. Summary of Bids Received Three contractors submitted bids: ABC Improvements, Village Builders, and Community Supplies. It was determined that of the seven contractors who did not submit bids, four could not meet the deadline and three were unable to provide the goods and services being requested. Bid tabulations are as follo\\/s: Bidder Village Builders ABC Improvements Community Supplies Equipment Cost $ 7,845.00 9,430.00 10,290.00 Bid Recommendation I recommend award of the contract to Village Builders in an amount not to exceed $7,845.00. Village Builders has successfully performed work for us in the past. Plus, they have provided severa] satisfied municipal references for similar work. Budget Authorization There is $10,000.00 allocated in this year's budget on page 175 in account number 01-001-00-0001 for the XYZ Project. BID RECOMMENDA nON - STANDARD MEMO FORMAT Additional Information 1. \\'hen a memo is from an individual other than a department director, a director's recommendation is required. A signature line would read as foJlows: I concur with the above recommendation Name of Director 2. If an unusual number of contractors declines to bid, an explanation, if known, should be included. 3. For more complicated bids, a detailed table should be attached. 4. If the recommendation is not for the lowest bidder, an explanation must be provided. 5. If the amount of the bid exceeds the budget amount, the memo must outline that a limit wiJl be imposed or whether there is a reason for exceeding a budgeted amount. VILLAGE OF MOUNT PROSPt:C I SO SOUTH EMERSON STREET MOUNT PROSPECT, ILLINOIS 60056 I PURCHASE ORD~ERI1NÖI' S003329 PURCHASE ORDER ISSUE DATE 09/07/04 ISSUED CLEAN CUT TREE SERVICE SHIP PUBLIC WORKS DEPARTMENT TO: P.O. BOX 545 TO: VILLAGE OF MOUNT PROSPECT LAKE VILLA, IL 60046 1700 WEST CENTRAL ROAD 08729 MOUNT PROSPECT, IL 60056 FOR MORE INFORMATION CONTACT: PUBLIC WORKS DEPARTMENT PHONE NO: 847 ITEM NO. QTY UIM 1 UNIT PRICE 37000.00 870-5640 EXTENDED PRICE DESCRIPTION WELLER CREEK TREE TRIMMING/REMOVAL CONTRACT - PER SPECS DATED 7/23/04 ACCOUNT DISTRIBUTION: 5907704-690079 37000.00 37000.00 *CONFIRMA TION-DO NOT DUPLICA TE* THIS ORDER IS EXEMPT FROM SALES AND USE TAX. EXEMPTION NUMBER IS E9998-1475-04. TOTAL OF PURCHASE ORDER 37000.00 SEE REVERSE SIDE FOR IMPORTANT INFORMATION PLEASE REFERENCE THIS PURCHASE ORDER NUMBER AND YOUR FEDERAL TAX 10 ON INVOICE. Please mail invoice to: Accounts Payable Village of Mount Prospect 50 South Emerson Street Mount Prospect, IL 60056 APPROVED BY: d~ø. U- Director of Finance Exhibit 8 VILLAGE OF MOUNT PROSPECT Check Request Vendor No. Check No. Date Submitted by Department Director Account Number Description . Amount TOTAL Account Number Checked Funds Available Initials Approved: Revised 3/00 Director of Finance Exhibit 9 CHARGE TO ACCOUNT TOTAL RECEIVED BY ftH. FORM 3OOB APPROVED BY MADE IN U.S.A. u.-.-.--.-.-.--.- --..--.. --..------.... --------.. -........ .'-. --.--.--.- INTEROFFICE MEMORANDUM ~ TREE em USA Mount Prospect Public Works Department FROM: VILLAGE MANAGER MICHAEL E. JANONIS ADMINISTRATIVE/SOLID WASTE COORDINATOR ~Þ.~ Ct 12-1 Of TO: DATE: SEPTEMBER 14, 2004 RESIDENTIAL SOLID WASTE CONTRACT SUBJECT: Backqround ARC Disposal and Recycling Company has been the Village's exclusive residential solid waste hauler since August of 1991. ARC was awarded the 1991 - 1994 and 1994 - 2000 exclusive contracts through a competitive bid process. Prior to the expiration of the 1994-2000 contract the Village and ARC Disposal negotiated a new residential contract for another four (4) year, eight (8) month period, May 1, 2000 - December 31, 2004. In accordance with the contract agreement, effective January 1, of each year the Contractor received a 4% increase for services provided. Per the terms of the current Contract, at the expiration of the initial term, and for two (2) renewal terms of one (1) year each thereafter, the Contract shall be considered to be automatically renewed, unless either party shall notify the other party in writing, not less than ninety (90) days prior to the expiration of the current term, that the notifying party does not wish to renew for an additional term. [Article IV, Term of Contract] Discussion Cost benefit analysis and resident satisfaction studies have significantly influenced local government's approach to solid waste management. While competitive bidding for solid waste services was the fiscally sound approach ten years ago, many local governments are realizing the economic benefit of negotiating for services and extended contracts with the existing hauler if resident satisfaction is at an acceptable level. Since 1991 ARC Disposal has consistently provided high quality solid waste services to the residents of Mount Prospect. In addition, the Village of Mount Prospect currently has one of the most favorable contractual rate agreements for solid waste services within the Solid Waste Agency of Northern Cook County (SWANCC) region. Recent discussions with Mr. Brooke Beal, SWANCC Executive Director indicate the 4% annual rate increase would still leave Mount Prospect with a very favorable rate. [ARC has indicated rate increases of approximately 11 % (wages/benefits) and 15% (fuel) over the last year. Recommendation It is staffs recommendation that the Village Board approve renewal of the existing solid waste contract for a one (1) year term effective January 1, 2005 - December 31, 2005. All terms and conditions as outlined in the current contract shall remain the same including the annual 4% rate increase. /' /7 ;/:. ';'7? {.;ZYAc;;</J~:Jk!--->T' M. Lisa Angell / I: \LAngell\Usrdat\ we RD\swcontractextension2005. d oc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM ~ ~.R~ ql2J 10\1 DATE: SEPTEMBER 15, 2004 DOWNTOWN STREETSCAPE PROGRAM - CHANGI: O.RDER FOR SIDEWALK IMPROVEMENTS ON WILLE STREET LOT FROM: MICHAEL E. JANONIS, VILLAGE MANAGER WILLIAM J. COONEY JR., DIRECTOR OF COMMUNITY DEVELOPME TO: SUBJECT: The Village's Downtown Streetscape Improvement Program calls for the installation of a 10' wide brick paver sidewalk and associated landscaping along the southern portion of the Residences at Village Centre project, immediately north of the Ye Olde Town Inn and other commercial properties. This project has been put on hold for several years to allow for the completion of the public parking lot and final determination of the development of the "small triangle"area. In light of the completion of the Residences project, staff is proposing that the sidewalk component of this project be installed at this time to clean up this view for the new residents and to provide improved pedestrian access in this area. The landscaping and brick paver improvements proposed for the area immediately behind the Busse commercial properties will not be installed until a final determination is made regarding the development of this area. Staff requested our current streets cape contractor, Martam Construction, to provide a cost estimate for this improvement. They have submitted a bid to complete this work for a total of $72,174.44. Norwood Builders has agreed to split the cost of the improvement; therefore the Village would need to contribute $36,087.22 as our share of the project. This improvement is not currently budgeted for this year and would therefore require a budget amendment to authorize the project. I would therefore request approval from the Village Board to increase this year's Streetscape Program budget, account 3 5507703-690059 (page 298 of the Village Budget), from $950,000 to $1,022,175. Please forward this memorandum and attachmentstp the Village Board for their review and consideration at their September 21st meeting. Staff will be at that meeting to answer any questions related to this matter. \-' - - - - - - - - - - - - - - - - - - - - -----ß " " , _. ~._-- I~ lL.:" ... "\ .~ ..-.---.- '. £8 ~¡no~ = := c::::< 2t ~ ;~I It rIJ - ~ Il) E Il) ~ 0 ~ 0.. E ..... Il) ~ ~ -- ~ ~ ~ 0 ~ "0 Il) '0 í5.. E 0 u Il) ..0 0 E-< .:;. <~'" 101 ~d '>;'-.. ~¡.~"--.- . ."~ ---;'.m'~.::'~ :) '" INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois , " . ..Ä.','. ..' "h" " DATE: SEPTEMBER 10, 2004 RECOMMENDATION FOR GEMS UPGRADE FROM: ASSISTANT VILLAGE MANAGER DAV~o STRAHL IT DIRECTOR TO: SUBJECT: GEMS (Government e-Management Solutions), the Village's financial software vendor, has recommended that the Village upgrade several software components that work with the GEMS application modules. The upgrades are required for the Village to maintain support for the 2004 year-end close processes. Staff is requesting approval to purchase the upgrades, which are detailed below. The recommended upgrade includes the three components as listed below: 1. Upqrade to LlNC version 3r3. LlNC is the interface between the GEMS software modules and the backend database. TheYiJl?ge is currently running version 3r1 b. The new version became available in August 2004 and is the main component required for support of the year-end close. 2. Upqrade to the backend database. The Village is currently running on Oracle 8 for backend database. An upgrade to either Oracle 9i or Microsoft SOL 2000 is required to support LlNC version 3r3. Village staff prefers to migrate to SOL because it would be less expensive than Oracle in the long run due to lower maintenance support costs. 3. Purchase Net Express Runtime. Net Express Runtime is a sub-component of LlNC, which is required with LlNC version 3r3. Fifty concurrent licenses are needed. Costs for the upgrade include license fees and installation. It is necessary to have GEMS perform the upgradés so they will support it. Prices assume the work will be done on the weekend to minimize downtime for production jobs during the work week. The costs are listed in the chart on the next page. Subject Date, 1998 Page 2 u rade Costs Price 11,458 6,500 3,500 3,600 1,200 Total $26,258 $3,060/ year Since the system is proprietary, GEMS is the only vendor qualified to perform the upgrades. I recommend that we purchase the upgrades from GEMS at a cost not to exceed $26,258 to be paid from account number 5107701-650039, GEMS Conversion. Please let me know if you have any questions or concerns. ~~ é'j~an Middleton IT Director c: Deputy Finance Director Carol Widmer I:\VB Request Memos\GEMS Upgrade 2.DOC