This chapter shall apply: (1) to every expenditure of public moneys by the city under any contract or like business agreement for any work or other public improvement which is not to be paid for, in whole or in part, by special assessment or special taxation; and (2) to the purchase, lease or rental of all supplies, apparatus, equipment, materials and other like things requisite for public purposes or ordered, acquired or used by the city; and (3) to every contract or agreement for services of any type or character to be rendered or provided to the city; provided that if any federal or state law or rule or regulation has or requires a less strict application, then this chapter shall apply. However, nothing in this chapter shall apply to any contract with the federal government or any agency thereof. (Ord. 1114, passed 1-8-90; Am. Ord. 1306, passed 3-16-99)

For the purposes of this chapter, the following shall apply:
(A) The supervisor of any city department may authorize the purchase (but not contract) of any item not exceeding a cost of $300.
(B) The chairman of any council committee may authorize the contract or purchase of any item not exceeding a cost of $500.
(C) The city administrator or three members of any committee may authorize the contract or purchase of any item not exceeding a cost of $2,500.
(D) Five members (two-thirds) of the city council may authorize the contract or purchase of items exceeding $2,500.
(E) In case of contracts or purchases where the cost is more than $2,500, all such contracts or purchases, except contracts for services as provided in paragraph (F), below, shall be awarded by either of the following methods:
(1) The contract or purchase shall be let to the lowest responsible bidder after advertising for and taking of sealed bids, except that such contract may be let without advertising for bids if authorized by a vote of two-thirds of all aldermen then holding office.
(2) If authorized by a two-thirds vote of all aldermen, the city may carry out the construction of any work or public improvement by employing exclusively for the performance of all manual labor thereon, laborers and artisans whom the municipality shall pay for by the day or the hour; but all material of the value of $2,500 or more used in the construction of such work or public improvement shall be purchased by contract let to the lowest responsible bidder after duly advertising for sealed bids for same.
(F) In case of all contracts for services, all such contracts shall be first approved by the city council. (Ord. 1114, passed 1-8-90; Am. Ord. 1206, passed 5-16-95; Am Ord. 1306, passed 3-16-99; Am. Ord. 1570, passed 7-15-03)

All purchases require the signature of the finance clerk verifying the budget constraints. All purchases over $300 require three phone bids. All purchases over $1,000 require three written bids. (Ord. 1306, passed 3-16-99)

Where any contract under this chapter or is otherwise required to be bid, then the following shall apply:
(A) Identical plans and specifications, requirements and conditions for bids shall be provided to all bidders. If a deposit or payment is required, or some other requirements or conditions of the bid is imposed as part of the bidding process, bidders shall comply with such requirements or conditions.
(B) Invitation for bids shall be given adequate advertised public notice, a minimum of 15 days prior to the date set for bid opening. Such notice shall include publication in a newspaper published in the city and otherwise published as may be required to secure a broad spectrum of bids on the contract.
(C) Bids shall be opened publicly at the time and place designated in the invitation for bids. After opening each bid, the name of the bidder, the amount and full terms of the bid, shall be open to public inspection. After bid opening, bids may be referred to the appropriate city council committee for evaluation and after such evaluation the committee shall report its evaluation to the city council for further action.
(D) The contract shall be awarded with reasonable promptness by written notice to the responsive and responsible bidder whose bid is determined to contain the lowest responsible bid price or the lowest responsible evaluated bid price; provided that at any time before or after bids are solicited, opened or evaluated, the city may elect to terminate or reject any or all bids and bidding. The city’s determination of which bid or bids, if any, to accept or reject shall be final and that determination shall be in the sole discretion of the city. In addition, the city may waive any minor errors or informalities in bidding that have no material effect on the bid, but such waiver and determination shall be solely determined by the city.
(E) Any bid or bidder not conforming to any plan, specification, requirement or condition of the invitation to bid, or who shall be in violation of any
state law, rule or regulation relating to bids and bidding shall be presumed not to be a responsible bidder and such bid or bidder may be rejected at any time. (Ord. 1114, passed 1-8-90; Am. Ord. 1306, passed 3-16-99)

Financial responsibility is an important factor in determining the lowest responsible bidder, and the mayor and city council of the city of Wilmington shall require an entity that bids on a public contract to produce satisfactory evidence that the business entity is properly registered and authorized to conduct the type of work to be performed, including but not limited to evidence demonstrating that the entity possesses or complies with the requirements of the Internal Revenue Service, Illinois Departments of Revenue and/or Registration and Illinois Department of Employment Security registration requirements, as well as complying with the general business license requirements of the city prior to the award and during the term of the contract.
The mayor and city council, in order to make a determination as to whether the bidding entity is responsible, shall confirm and substantiate that the contract awardee can reasonably be expected to complete and perform under the contract specifications. The mayor and city council may require the successful bidder to post a bid, performance, wage/fringe benefit and/or material bond(s). The mayor and city council shall also determine if the successful bidder can reasonably be expected to complete the project within the time constraints delineated in the request for bids and/or proposals. The mayor and city council shall also determine if the bidding entity maintains a satisfactory level of past performance and integrity as well as possesses the financial, supervisory, personnel, material, equipment and other resources and expertise to satisfactorily meet its contractual responsibilities and obligations.
Social responsibility is a concern in awarding public contracts, and the mayor and city council may factor in their determination of whether a bidder is “responsible” such factors as the bidder’s record of conformity with environmental, labor and health and safety laws, including but not limited to compliance with the requirements of the U.S. Department of Labor’s Occupational Safety and Health Administration. Furthermore, the bidder shall be required to provide a certificate of insurance, designating the city of Wilmington as an additional insured under all pertinent policies, specifying all required coverages, including but not limited to general liability, workers’ compensation, completed operations, automobile, hazardous occupation and product liability at such limits as the mayor and city council deem appropriate to protect the interests of the city. The mayor and city council reserve the right to award a contract to one who is not the lowest bidder where this is done in the public interest, without fraud, unfair dealing or favoritism, and where there is a sound and reasonable basis for the award as made.
A bidding entity shall demonstrate that it is “responsible” by providing, at a minimum, satisfactory evidence that it provides or participates in an apprenticeship and training program approved and registered with the U.S. Department of Labor’s Bureau of Apprenticeship and Training. (Ord. 07-11-06-04, passed 11-6-07)

If any federal or state requirement, law, rule or regulation differs from the provisions of the ordinance codified in this section, nothing herein is intended to absolve the city from its obligation to fully comply with the terms and conditions of the same. (Ord. 1114, passed 1-8-90; Am. Ord. 1306, passed 3-16-99)

The city may participate in a cooperative procurement agreement for the acquisition of procured items with any other public purchasing unit or agency if not otherwise prohibited by state or federal law, rule or regulation. (Ord. 1114, passed 1-8-90; Am. Ord. 1306, passed 3-16-99)

Any contract, agreement, purchase, lease or rental entered into in violation of this chapter shall not be binding upon the city. (Ord. 1114, passed 1-8-90; Am. Ord. 1306, passed 3-16-99)