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G-966 - 02/28/2012 - PURCHASING - Ordinances Supporting DocumentsITEM 6.F.7) AGENDA ITEM Regular Board of Trustees Meeting of February 28, 2012 SUBJECT: Text Amendments to the Publication and Notice Requirements FROM: Blaine Wing, Assistant Village Manager& BUDGET SOURCE/BUDGET IMPACT: N/A RECOMMENDED MOTION: I move for the passage of Ordinance 2012-PG- CNRCTS -G- 966, an ordinance amending Section 1 -7 -4 of the Oak Brook Village Code. Background/History: Since mid -2011, staff has been reviewing the Village's purchasing practices, procedures, and policies. Starting with this text amendment and continuing throughout this year, staff will be presenting for discussion and adoption various items to update and streamline purchasing within the Village. The proposed amendments will save the Village both time and money. Using the Village's new website to post Bids, Requests for Proposals (RFPs), and Requests for Qualifications (RFQs), etc., instead of using a local newspaper, the Village will basically eliminate the Village's annual publishing cost. (Of course, the Village can always choose to still publish special projects in a newspaper in addition to the Village's website.) Additionally, potential vendors are encouraged to create an account via the Village's website and be notified (via email or text) of bids, RFPs, RFQs, etc. instead of searching newspapers or calling the Village to find out when the Village is seeking bids, RFPs, and RFQs. Additionally, by reducing the minimum posting time frame, staff will have greater flexibility to respond to department purchasing requests. Again, the Village can always choose to provide public notice with more advance notice then 10 days, but acceptance of this modification will allow items bids /proposals to be sought and brought before the Village Board for award within one (1) month instead of two (2) or more, due to the calendar and meeting dates. Recommendation: Staff recommends approval of the attached ordinance. ORDINANCE 2012 -PG- CNTRCTS -G -966 AN ORDINANCE AMENDING SECTION 1 -7-4 OF THE OAK BROOK VILLAGE CODE AMENDING THE PUBLICATION AND NOTICE REQUIREMENTS FOR COMMODITIES, SERVICES AND CONSTRUCTION CONTRACTS WHEREAS, pursuant to Section 8 -9 -1 of the Illinois Municipal Code, 65 ILCS 5/8 -9 -1, the Village has the authority to enter into purchasing and public works contracts exceeding $20,000.00 with the lowest responsible bidder after advertising for bids in a manner prescribed by ordinance; and WHEREAS, Section 1 -7 -4 of the Village Code currently requires the Village to advertise for bid or proposal requests in secular, English language, daily newspapers of general circulation ( "Newspapers") for at least 14 days before the Village receives bids or proposals; and WHEREAS, advertising for bids and proposals in Newspapers is inefficient and costly; and WHEREAS, the Village can advertise for bids and proposals on the Village's website in a more efficient and less costly manner; and WHEREAS, the Village Board has determined that it will serve and be in the best interests of the Village to amend the Village Code pursuant to this Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows: Section 1: Recitals. The foregoing recitals are hereby incorporated into, and made a part of, this Ordinance as the findings of the President and Board of Trustees of the Village of Oak Brook. Section 2: Amendment to Section 1 -7-4. Section 1 -7-4, entitled "Commodities, Services and Construction Contracts Exceeding Fifteen Thousand Dollars" of Chapter 7, entitled "Purchases and Contracts ", of Title 1, entitled "Administration ", of the Village Code, shall be amended to read as follows: "1 -7-4: COMMODITIES, SERVICES AND CONSTRUCTION CONTRACTS EXCEEDING FIFTEEN THOUSAND DOLLARS: B. Public Notice: Public notice of a bid /proposal request shall be published at least feuFteaā€˛ (14) ten J141 days in advance of the date announced for the receiving of bids/proposals, On a 6eGular Engli6h language daily newspaper of general nirridation thFe gheut the vi ^ ^^ on the Village website. Additional announcements may also be placed in recognized newsoaoers. trade journals and other publications. The public notice shall describe the character of the proposed contract or agreement in sufficient detail to enable the bidders /proposers thereon to know what their obligations will be, either in the advertisement itself, or by reference to detailed bid /request for proposal packages on file at the time of the public notice. Such advertisement shall also state the date, time and place assigned for the opening of bids /proposals, and no bids /proposals shall be received at any time subsequent to the time indicated in the announcement. The village manager shall inform all parties that have received bid /proposal packages of any specification changes or bid /proposal opening extensions by written addendum thereof via mail or fax transmission as appropriate." Ordinance 2012 -PG- CNTRCTS -6-966 Amending the Publication and Notice Requirements For Commodities, Services and Construction Contracts Page 2 of 2 Section 3: Severability. If any provision of this Ordinance or part thereof is held invalid by a court of competent jurisdiction, the remaining provisions of this Ordinance shall remain in full force and effect, and shall be interpreted, applied, and enforced so as to achieve, as near as may be, the purpose and intent of this Ordinance to the greatest extent permitted by applicable law. Section 4: Effective Date. This Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. APPROVED THIS 28th day of February, 2012. Gopal G. Lalmalani Village President PASSED THIS 28`" day of February, 2012- ATTEST: Charlotte K. Village Clerk 2