G-766 - 11/09/2004 - PURCHASING - Ordinances Supporting Documents*- .j!' 1W
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AGENDA ITEM
Regular Board of Trustees Meeting
of
November 9, 2004
SUBJECT: Ordinance on Contracting for Consulting Services
FROM: Richard B. Boehm, Village Manager / "�Z
BUDGET SOURCE /BUDGET IMPACT: N/A
RECOMMENDED MOTION: I move to approve Ordinance 2004 -PG- CNSLT -G -766 with
respect to Consulting Services
Background /History: /History:
Trustee Zannis requested an Ordinance be drafted relative to limitations on contracting for
consulting services. Staff has prepared the accompanying Ordinance which is believed to be in
compliance with the intent of the request. The Ordinance amends Title I, Chapter 7 of the Village
Code relative to the definition of consulting services and required authorization prior to
contracting for consulting services. A dollar limit of $5,000 or more for any one time service or
for services that are cumulatively charged to the Village during any fiscal year will require Board
approval.
Recommendation:
Last saved by Administrator J \Board Transmittals \Consulting service item doc
Last printed 11/4/2004 5 56 PM
9. Attorney Kubiesa will also give his legal opinion on this request. Trustee Korin stated
other communities have such an ordinance so that no future difficulties will occur.
Trustee Zannis reiterated that the Village Board is either not being made aware or not in
agreement of hiring in unbudgeted areas without budget allocations being made,
consultants being used without bidding processes or the Board not having knowledge of
the billing fees, legal fees being 100% over budget, contracts being written by firms that
the Board is not being made aware of or approving.
Motion by Trustee Zannis, seconded by Trustee Korin that any budget line item that
exceeds 10% of its ' budget must come before the Village Board for approval. VOICE
VOTE: Motion carried.
Motion by Trustee Zannis, seconded by Trustee Aktipis that any outside contracting
should be approved by the Village Board. VOICE VOTE: Motion carried.
Trustee Zannis stated she had asked Manager Boehm how the Village Board is going to
be represented by the TRO ( Temporary Restraining Order). Attorney Kubiesa stated
pursuant to Judge Bonnie Wheaton's ruling that this Village Board may be legally
represented and President Quinlan has to approve the legal representation.
Trustee Zannis asked President Quinlan how the Board of Trustees would receive legal
representation. President Quinlan stated that the Board of Trustees is asking him to have
the Village approve additional fees for legal representation for the Board of Trustees in
action they took outside of their legal authority as Village Trustees. He stated that he
pursued legal counsel and filed suit along with the Village Clerk. He indicated that the
Trustees may hire outside legal counsel.
Trustee Zannis formally requested that President Quinlan consider appointing legal
counsel for the Board of Trustees. President Quinlan stated he will take this under
advisement.
Trustee Aktipis suggested that when President Quinlan takes one point of view and sues
the Board of Trustees based on that opinion that President Quinlan could at least provide
adequate legal representation for the Trustees as well
President Quinlan stated his disagreement with Trustee Aktipis as the Board has
questioned the expenses of the Village and over expenditures and believes their action
was illegal and he will take it under advisement.
Trustee Craig stated he is favor of the free garbage pickup!
Trustee Zannis asked Manager Boehm to describe the reorganization of the
Communications Center. He stated for many years it was organized under the Police
Department as the primary communication tool for the Village's Police Department, Fire
VILLAGE OF OAK BROOK Minutes Page 16 of 22 August 24, 2004
8. C. 2)
notified that the low bid received was from North American Salt Company in the
amount of $31.17 per ton delivered; 4% higher than last season's price of
$29.97/ton.
As part of the contract with the State, we are obligated to purchase at least 70% of
the requisitioned amount (1,050 tons), and the vendor is obligated to sell us 130%
of the requisitioned amount (1,950 tons) at the stated unit price. The vendor is not
obligated to honor the contract price for purchases in excess of 130 %. However, as
we use approximately 1,500 tons during a typical winter season, the requisitioned
amount plus an additional 300 tons we presently have on hand should be sufficient
to carry us through the season.
Additionally, as we are on a calendar year budget, funding for our deicer salt needs
must be split between to fiscal years, 2004 and 2005. To date, $27,924 has been
expensed out of $49,460 budgeted in FY -04. Therefore, any deicer salt purchased
during the balance of this year will be charged against FY -04 and any purchases
after December 31, 2004 will be included and charged against FY -05. Lastly, as it
has been determined that snow and ice control services can and should be charged
against the infrastructure fund, the appropriate budgetary change will be made.
Motion by Trustee Zannis, seconded by Trustee Korin, to issue a purchase order to
North American Salt Company in the amount of $46,755 for 1,500 tons of highway
deicer salt based on the contract unit price of $31.17 per ton delivered. ROLL
CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1 - Trustee Caleel. Motion carried.
OD RATIFICATION OF POLICY THAT ANY OUTSIDE CONTRACTING SHOULD
BE APPROVED BY THE BOARD OF TRUSTEES
Trustee Zannis stated that at a prior Board meeting she had requested several motions
to present to the Board of Trustees one being that any time a Department was 10% over
budget of a line item it must come before the Board for approval. The other motion
was to present to the Board for approval any contract services. Subsequent to that
Trustee Korin had made a motion for the Ad Hoc Committee and it was brought back
to the Board stating that it had not been put on the agenda for final action and so it had
to be ratified. She asked for ratification any time contract services are contracted out.
Manager Boehm asked if there were any limits of the dollar amounts as on occasion the
Village may use an outside contractor such as software upgrade that may be $100.00 or
is it every one. Trustee Zannis clarified that it the Village is spending $1,000.00 a
VILLAGE OF OAK BROOK Minutes Page 13 of 21 OCTOBER 12, 2004
8. D.
month then the Board should be made aware. Manager Boehm asked the Board to
consider having staff present a proposal of the limits and try to capture the intent for the
next Board meeting.
Trustee Zannis stated the intent is if the Village will use some type of services on a
regular basis that will amount to a reasonable amount of money that the Village Board
be made aware.
Motion by Trustee Zannis, seconded by Trustee Korin, to continue this agenda to the
next Board meeting and direct staff to present a policy of outside contracting of
services. ROLL CALL VOTE:
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None.
Absent: 1- Trustee Caleel. Motion carried.
E. APPROVAL OF VILLAGE ATTORNEY FEES - $22,173.50 CONTINUED FROM
SEPTEMBER 28, 2004
Trustee Korin stated that Attorney Kubiesa had addressed to her the items she
questioned in his billing list. She asked that- the bill be paid except for items that she
still questioned. Trustee Aktipis suggested that the bill be paid under protest and that
would mean whatever amount the Board feels later on that should not have been paid
would be subtracted from future bills of the Village Attorney.
Attorney Spiroff recommended to pay the bill as Trustee Korin had originally
suggested. Trustee Aktipis stated there is a general issue of the cost of the overall bills
being paid to the Village's present Attorney. He asked that all Village Attorney bills be
paid under protest until such time as the Committee has had an opportunity to review
the entire bills as submitted by the Village Attorney for the last eleven months.
Trustee Korin commented that she had requested Attorney Kubiesa to submit a
memorandum from August 6, 2004 regarding some legislation and the Board received
the memorandum from June 18, 2004. It may have been a simple clerical error but it
did not speak to her point. Trustee Korin indicated that she part of the issue is with the
billing that there are not billing rates with the hours. Manager Boehm explained there
are three different rates for the Village fees. Trustee Korin recommended pulling off
those items of the bill that she had issues that were not answered and pay the remainder
of the bill.
Attorney Spiroff suggested that the numbers can be determined based on Trustee
Korin's memorandum and Manager Boehm may determine those amounts. He
recommended Manager Boehm then deduct those amounts from the bill in relation to
those items set forth in Trustee Korin's memorandum.
VILLAGE OF OAK BROOK Minutes Page 14 of 21 OCTOBER 12, 2004
( "ADMINISTRATION ") OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK WITH RESPECT TO THE DEFINITION OF CONSULTING
SERVICES AND REQUIRED AUTHORIZATION BY THE VILLAGE
BOARD OF TRUSTEES PRIOR TO CONTRACTING FOR CONSULTING
SERVICES
Trustee Zannis requested an Ordinance be drafted relative to limitations on
contracting for consulting services. Staff has prepared the Ordinance which is
believed to be in compliance with the intent of the request. The Ordinance
amends Title 1, Chapter 7 of the Village Code relative to the definition of
consulting services and required authorization prior to contracting for consulting
services. A dollar limit of $5,000 or more for any one time service or for services
that are cumulatively charged to the Village during any fiscal year will require
Board approval
Motion by Trustee Zannis, seconded by Trustee Korin, for passage of Ordinance
2004 -PG- CNSLT -G -766, "An Ordinance Amending Chapter 7 (Purchases and
Contracts) of Title 1 ( "Administration ") of the Village Code of the Village of Oak
Brook with Respect to the Definition of Consulting Services and Required
Authorization by the Village Board of Trustees Prior to Contracting for
Consulting Services." ROLL CALL VOTE
Ayes- 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays. 0 - None
Absent- 1 - Trustee Caleel. Motion carried.
C. AWARD OF CONTRACTS
1) LIBRARY IRRIGATION SYSTEM
The Village Board approved $22,800 on April 27, 2004 to Halloran & Yauch to
irrigate the plantings directly west of the Library building and the parking island
immediately west of the main entrance. The area includes Phase B and a portion
of Phase C from the original bid documents.
Draft designs supplied by Jim Gamble of Landscape Design Collaborative for the
garden west of the Library show areas for seating and walking, trees and shrubs
and small areas of grass Jim Gamble will be creating final plans and drawings for
the full Library landscape once his initial concepts are approved. The draft
designs for the front garden show plantings that do not need a sprinkler system to
establish and keep this front garden healthy In addition, Jim will spec out that the
existing poor soil be replaced so that the new plantings will have a better chance of
survival.
VILLAGE OF OAK BROOK Minutes Page 6 of 13 November 9, 2004
IN
8 B. 1)
Village Clerk Gonnella, Deputy Village Clerk Harty and Lt. Steve Larson have
reviewed the present Taxi Ordinance and have requested an update to the
Ordinance to delete the requirement "Each taxicab shall have two (2) doors on
each side of the taxicab" and "Every taxicab shall be so designed and
manufactured so as to have sufficient doors that every passenger may enter and
exit without crossing any interior barriers." Due to the increase of the needs of
the Village's hotel industry, the licensed taxicab companies now operate a number
of vans. This change is requested as a van does not have an interior barrier when
passengers exit from the vehicle.
Please note the red -lined area that would be deleted from the Village Code
relative to taxicab vehicle requirements
4 -2 -7 TAXICAB VEHICLE REQUIREMENTS
C. Condition of Taxicabs
1 Every taxicab operated in the Village by a cab company licensed by the
Village shall be maintained in a safe condition at all times.
have two (2) deers on eacside of the tax . If any taxicab shall become unsafe
for operation or if its body or seating facilities shall be so damaged as to render
the taxicab unfit for public use, the Commissioner may suspend the license issued
to the cab company operating that vehicle, or suspend that taxicab's registration,
until the vehicle is made safe for use by the public
2. Every taxicab shall be so designed and manufactured so as to have
inter-ief b� -fiefs, and '' a sufficient number of exits of such size as will permit
every passenger and the driver to exit from the vehicle in the event that exiting on
one side is not possible due to an accident
I
Motion by Trustee Yusuf, seconded by Trustee Korin, for passage of Ordinance
2004- LC -TA -G -765, An Ordinance Amending Sections 4- 2- 7(Taxicab Vehicle
Requirements) of Title 4 of the Village Code of the Village of Oak Brook,
Illinois. ROLL CALL VOTE.
Ayes: 5 - Trustees Aktipis, Craig, Korin, Yusuf and Zannis.
Nays: 0 - None
02) Absent: 1 - Trustee Caleel. Motion carried.
ORDINANCE 2004 -PG- CNSLT -G 766 AN ORDINANCE AMENDING
CHAPTER 7 (PURCHASES AND CONTRACTS) OF TITLE 1
VILLAGE OF OAK BROOK Minutes Page 5 of 13 November 9, 2004
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Village of
Oak Buroo
1200 Oak Brook Road
Oak Brook, IL 60523 -2255
Website
www.oak- brook.org
Administration
630 990 3000
FAX 630 990 0876
Community
Development
630 990 3045
FAX 630 990 3985
Engineering
Department
630 990 3010
FAX 630 990 3985
Fire Department
630 990 3040
FAX 630 990 2392
Police Department
630 990 2358
FAX 630 990 7484
Public Works
Department
630 990 3044
FAX 630 472 0223
Oak Brook
Public Library
600 Oak Brook Road
Oak Brook, IL 60523 -2200
630 990 2222
FAX 630 990 4509
Oak Brook Sports Core
Bath & Tennis Club
700 Oak Brook Road
Oak Brook, IL 60523 -4600
630 990 3020
FAX 630 990 1002
Golf Club
2606 York Road
Oak Brook, IL 60523 -4602
630 990 3032
FAX 630 990 0245
November 11, 2004
Sterling Codifiers, Inc.
Attention Robertson S. Rollins, General Manager
7600 Mineral Drive
Coeur d'Alene, ID 83814
Dear Rob:
The Village Board, at their Board Meeting of Tuesday, November 9, 2004, passed
and approved the following ordinances:
ORDINANCE 2004- ZO -TA -G -764 AN ORDINANCE AMENDING
CHAPTER 14 (ADMINISTRATION AND ENFORCEMENT) OF TITLE 13
(ZONING REGULATIONS) OF THE VILLAGE CODE OF THE VILLAGE OF
OAK BROOK ILLINOIS RELATIVE TO PUBLIC HEARING NOTIFICATION
REQUIREMENTS
ORDINANCE 2004- LC -TA -G -765 AN ORDINANCE AMENDING SECTION
7C(1- 2)(TAXICAB VEHICLE REQUIREMENTS /CONDITION OF
TAXICABS) OF CHAPTER 2 (VEHICLES FOR HIRE) OF TITLE 4
(BUSINESS AND LICENSE REGULATIONS) OF THE VILLAGE CODE OF
THE VILLAGE OF OAK BROOK, ILLINOIS
/-004-PG-CNSLT-G-766 AN ORDINANCE AMENDING CHAPER 7
(PURCHASES AND CONTRACTS) OF TITLE 1 ( "ADMINISTRATION ") OF
THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK WITH RESPECT
TO THE DEFINITION OF CONSULTING SERVICES AND REQUIRED
AUTHORIZATION BY THE VILLAGE BOARD OF TRUSTEES PRIOR TO
CONTRACTING FOR CONSULTING SERVICES
The above Ordinances are being forwarded to your for inclusion in the Code of
Ordinances of the Village of Oak Brook. I would appreciate your acknowledging
receipt of these Ordinances.
Sincerely,
Richard B. Boehm
Village Manager
RBB /jr
Enclosure