G-983 - 09/25/2012 - BOARD - OrdinancesORDINANCE 2012- BD- VMR -PG -G -983
AN ORDINANCE AMENDING CHAPTER 7 OF TITLE 1 OF THE OAK BROOK VILLAGE CODE
RELATING TO THE PURCHASING AUTHORITY OF THE VILLAGE MANAGER
WHEREAS, Section 1 -7 -3 of "The Village Code of the Village of Oak Brook," as amended
( "Village Code"), authorizes the Village Manager to purchase commodities and enter into service and
construction contracts on behalf of the Village having a value of up to $15,000.00 ( "Village Manager's
Purchasing Authority'); and
WHEREAS, Chapter 7 of Title 1 of the Village Code contains several additional references to the
Village Manager's Purchasing Authority in Sections 1 -7-4, 1 -7 -5, 1 -7 -6. 1 -7 -7, and 1 -7 -8; and
WHEREAS, the Village Manager's Purchasing Authority has been unchanged for several years,
and the Village desires to increase the Village Managers Purchasing Authority to $20,000 in order to
align with the practices of neighboring communities and to increase the Village Manager's ability to
promptly and effectively address purchasing issues; and
WHEREAS, the Village Board has determined that it will serve and be in the best interests of the
Village to amend Chapter 7 of Title 1 of 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 -3. Section 1 -7 -3, entitled "Commodities, Services
and Construction Contracts up to and including 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 -3: COMMODITIES, SERVICES AND CONSTRUCTION CONTRACTS UP TO AND
INCLUDING TWENTY THOUSAND DOLLARS:
The village manager shall have the authority, up to and including twenty thousand dollars
($20.000.00), to purchase commodities and enter into service and construction contracts
on behalf of the village, as set forth herein. Such purchases and contracts shall be based
upon the lowest responsive and responsible bid or quotation in the manner designated by
the village manager, taking into consideration the specific standards set forth in
subsection 1 -7-4E of this chapter and other criteria specific to the purchase."
Section 3: Amendment to Section 1 -74. Subsection A, entitled "Formal Contract
Procedure ", of 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
TWENTY THOUSAND DOLLARS:
" A. Formal Contract Procedure: All construction or other public improvements and all
purchases, orders or contracts for supplies, commodities, equipment or services, except
as otherwise provided herein, when the estimated cost thereof shall exceed twenty
thousand dollars ($20,000.00), shall be purchased from the lowest responsive and
responsible bidder or proposer after due notice inviting bids or proposals, unless the
Text additions are bold and double - underlined.
Ordinance 2012- BD- VMR -PG -G -983
Amending Chapter 7 of Title 1 of the Village Code
Concerning the Purchasing Authority of the Village Manager
Page 2 of 3
village waives the competitive bidding or request for proposal process by a vote of two -
thirds (2/3) of the village trustees then holding office."
Section 4: Amendment to Section 1 -7 -5. Section 1 -7 -5, entitled "Change Orders ", of
Chapter 7, entitled "Purchases and Contracts ", of Title 1, entitled "Administration ", of the Village Code,
shall be amended to read as follows:
"Except as otherwise set forth in any particular contract, the following provisions shall
govern change orders. The village manager may approve change orders which would
cause a cost change of up to, and including, twenty thousand dollars ($20,000.00) or
would alter the project completion date by thirty (30) days or less. The village board shall
review all change orders that would cause a cost change of more than twenty thousand
dollars ($20,000.00) or would alter the project completion date by more than thirty (30)
days. Any such change order shall be accompanied by a finding by the village board that:
A. The circumstances necessitating the change order were not reasonably foreseeable at
the time the contract was signed; or
B. The change is germane to the original contract as signed; or
C. The change is in the best interests of the village."
Section 5: Amendment to Section 1 -7-6. Subsection C of Section 1 -7-6, entitled
"Professional Services ", 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 -6: PROFESSIONAL SERVICES:
C. Contracts or purchase orders for consulting services that are necessary in the day to
day operation of the village shall be approved by the village board if the value of the
contract is greater than twenty thousand dollars ($20,000.00) either for a one time
consultation or for services that are cumulatively charged to the village during any fiscal
year."
Section 6: Amendment to Section 1 -7 -7. Section 1 -7 -7, entitled "Sole Source Contracts ",
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 -7: SOLE SOURCE CONTRACTS:
Contracts in an amount exceeding twenty thousand dollars ($20,000.00), which by their
nature are not adapted to award by competitive bidding or competitive proposals, such as
contracts for commodities, services or construction that are available from only a single
source, may be exempted from the competitive bidding and competitive proposal
requirements of this chapter, and may be awarded by the village board."
Section 7: Amendment to Section 1 -7 -8. Section 1 -7 -8, entitled "Emergency Contracts ",
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 -8: EMERGENCY CONTRACTS:
Ordinance 2012- BD- VMR -PG -G -983
Amending Chapter 7 of Title 1 of the Village Code
Concerning the Purchasing Authority of the Village Manager
Page 3 of 3
Notwithstanding any other provisions of this code, when there exists an imminent threat
to the public health, safety or welfare, the village manager may make, or authorize others
to make, emergency procurements in an amount exceeding twenty thousand dollars
($20,000.00) for commodities, services or construction necessary to resolve the subject
emergency affecting the public health, safety or welfare. Such emergency procurements
shall be made with such competition as is practicable under the circumstances. A written
determination of the basis for the emergency and for the selection of the particular
vendors) shall be made by the village manager and included in the purchasing file. As
soon as practicable, a record of each emergency procurement shall be made and shall
set forth the vendor's name, the amount and type of the contract and a listing of the items
procured under the contract. The village board shall ratify each such emergency
procurement.."
Section 8: 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 9: 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 25th day of September, 2012. /
Village President
PASSED THIS 25" day of September, 2012.
Ayes: Trustees Aktiois Manzo Moy Wolin and Yusuf
Nays: None
Absent: Trustee Zannis
ATTEST:
Charlotte K. Pruss
Village Clerk