A. Agreements, Contracts, Amendments or Change Orders for goods, maintenance or services.
The Village Manager, or his/her designee, is authorized to execute those agreements, contracts, amendments or change orders where the total annual commitment does not exceed $25,000, or the agreement, contract, amendment or change order falls within the contingency amount approved by the Village Board.
B. Agreements, Contracts, Amendments or Change Orders where the Village is providing goods, maintenance or services.
The Village Manager, or his/her designee, is authorized to enter into and execute those agreements, contracts, amendments or change orders permitting the Village to provide goods, maintenance or services to a public or private entity where the annual commitment by the Village does not exceed $25,000 per fiscal year.
C. Claims and Settlements.
The Village Manager, or his/her designee, is authorized to settle, approve or reject claims or litigation in an amount not to exceed $25,000.
D. Agreements, Contracts, Amendments or Change Orders where the Village is Landlord/Tenant, Licensee/Licensor or Facility User.
The Village Manager, or his/her designee, is authorized to negotiate, enter into and execute those agreements, contracts, amendments or change orders with public or private entities where the Village is Landlord/Tenant, Licensee/Licensor or for temporary use of a facility by the Village where the total annual commitment does not exceed $25,000.
E. Acquisition of or disposition of Real Property on the Village's Behalf.
(1) For purposes of this section, the following definitions shall apply:
(a) Acquisition means the purchase, lease or license Real Property by the Village for the Village's use or acceptance by the Village of a Real Property by dedication or gift.
(b) Disposition means the sale, lease, vacation, release, or license of some or all of the Village's interest in Public Property to another.
(c) Public Property means Real Property that is titled in the name of the Village or Village created boards or commissions; Real Property where the Village or a Village created board or commission is the grantee, devisee, or beneficiary; Real Property which was dedicated to the public use, whether generally or for a specific purpose, including, but not limited to, property within the Village or within 1.5 miles of the Village limits; easements where the Village is grantee; Real Property leased by the Village as a lessee;
Real Property physically occupied by the Village or by Village operations; and real property possessed or utilized by the Village under a claim of right.
(d) Real Property means any interest in real estate, whether the interest has been acquired by purchase, lease, license, common law or statutory dedication, gift, or possession.
(2) Authority to negotiate and Execute Documents for Acquisition and Disposition. The Village Manager may be authorized to execute agreements, deeds, easements or other documents necessary to consummate the acquisition or disposition of real property when the total acquisition of disposition of real property does not exceed $25,000 or when authorized by resolution of the Village Board. Prior to any acquisition or disposition of real property, the Village Attorney shall approve the form of the documents utilized in the transaction.
(3) Standards for Acquisition. The following are procedures and standards for acquisition of property:
(a) Acquisition Plan. Village staff should, prior to the formal initiation of negotiations, develop a written acquisition plan. The plan should include the following elements:
(b) Goal. Staff should explain specifically how acquiring the property will assist in accomplishing a Village Board goal or Board adopted plan.
(c) Costs of Acquisition. Staff should develop a reasonably accurate estimate of the costs of acquisition including:
(a) Purchase price, (b) Expenses of purchase e.g. appraisals, title insurance or search, environmental assessment, assumed or forgiven taxes, and assumed or forgiven Village liens, (c) Post-closing expenses, and (d) Source of Revenues for Acquisition and Maintenance.
(4) Purchase Price. The Village's policy is to acquire the property at the lowest cost to the Village. Below market purchase price or an owner's desire to donate the property should be a factor in considering the purchase of real property. However, below market price or donation should not be a determining factor deciding whether or not the Village acquires property.
F. Credit Applications.
(1) Credit applications often contain agreement language. The Director of Finance or designee is authorized to sign credit applications after review by Procurement Officer of the credit application for such purchases as are authorized by Code or Ordinance or Resolution of the Village Board.
G. Motor Vehicle Paperwork.
(1) When authorized by the Village Board through a surplus designation or purchase approval, the Director of Finance or designee is authorized to sign Motor Vehicle documentations authorizing the purchase or sale of a Motor Vehicle on behalf of the Village of Orland Park.
H. Grant Applications.
(1) Due to the time sensitive nature of grant applications, the Village Manager may execute grant application paperwork, if not otherwise specified in the application, for grants that do not bind the Village monetarily for more than $25,000 annually.
I. Lien/Lien Release.
(1) The Director of Finance is authorized to execute and record liens in accordance with provisions in the Illinois Municipal Code, 65 ILCS 5/1 1 1 et seq. Once a lien is recorded, with Village Board approval, the Village can also bring a lawsuit to foreclose the lien. The Finance Director is also authorized to execute lien releases once the indebtedness has been satisfied in its entirety or in accordance with the provisions of Title 1, Chapter 18 Delinquent Accounts. Recording of the lien release is the responsibility of the property owner to whom the lien has been released.
J. Uncollectible Receivables
(1) The Director of Finance is authorized to modify, cancel, and write-off uncollectible receivables in accordance with the provisions of Title 1, Chapter 18, Delinquent Accounts.
K. Standard Pre-Litigation and Litigation Procedural Documents
(1) The Village Attorney or Village's Special Counsel or his/her designee is authorized to sign standard pre-litigation and litigation procedural documents, such as continuances, tolling agreements, conflict waivers and joint defense agreements, where such documents do not result in a final settlement of the underlying litigation.
L. Agreements Approved by the Village Board.
Village officers and employees designated by the Village Board to sign agreements by resolution or minute order, are authorized to execute such documents.
M. Utility Relocation Agreements up to $25,000.
The Village Manager is authorized to sign utility relocation contracts up to $25,000. This authority is necessary for projects that require an immediate response (signed contract) in order to remain within the utility construction schedule.
N. Regulatory Reporting.
(1) The Village Manager is authorized to delegate signature authority to a designee for regulatory reporting.
O. Letters of Support or Opposition.
(1) The Village Manager; or Department Directors, with the approval of the Village Manager, are authorized to sign letters of support or opposition of an organization, governmental entity or legislation when the organization or legislation relates to:
(a) A position taken by the Illinois Municipal League on a matter, unless the Village Board has taken a contrary position.
(b) Legislation regarding projects approved by Village Board.
(c) Items routine in nature, experienced in the normal course of conducting business of the Village.
(d) A previously approved Village Board position.
(2) The Village Attorney, in consultation with the Village Manager, is authorized to sign legal briefs and/or letters related to:
(a) Legislation supporting a position taken by the Illinois Municipal League on a matter, unless the Village Board has taken a contrary position.
(b) Legislation regarding projects approved by Village Board.
(c) Requesting an Attorney General's Opinion, judicial proceeding or judicial opinion, when in his or her professional opinion the letter is in the best legal interests of the Village of Orland Park.
(3) Letters of support or opposition signed in accordance with the provisions of this section require a copy to be submitted to the Village President and Village Board.
P. Software Terms and Conditions.
(1) The Village Manager or his/her designee, is authorized to negotiate and sign agreements for the installation, use, support or maintenance of software, provided that such agreements have been approved by the Village Board or are within the spending authority of the Village Manager as outlined in this Chapter.
Q. Pass-Through Contracts.
Pass-through contracts are contracts that are entered into by the Village, where Village obligations for payment pursuant to such contracts are paid entirely by other entities or persons. Except as may be required pursuant to the provisions of 65 ILCS 5/8-9-1, the Village Manager, or his/her designee, may award and execute all pass-through contracts, regardless of price, for supplies, equipment, services or construction which are funded entirely by non Village entities or persons without the expenditure of Village funds or commitment to future Village funds, provided that prior to the execution of a commitment for payment from the funding source is obtained through a funding agreement or a deposit and reimbursement agreement.
(Ord. 5500, 3-21-20; Amd. Ord. 5507, 5-4-20)