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All such contracts and bonds shall run to and be in the name of the village, and shall be drawn by or approved by the Village Attorney and before the same shall be in force, shall be signed by the President and countersigned, and the corporate seal of the village shall be affixed by the Village Clerk. Such contracts shall be executed in duplicate, one original copy of which shall be given to the contractor, and the other filed and kept in the office of the Village Clerk, who shall furnish copies thereof when required.
(Prior Code, § 33.016) (Ord. 88-007, passed 7-5-1988)
(A) All contracts.
(1) Each contract shall contain a clause, in substance to the effect that it is made subject to the ordinances of the village and to the power of the President, Village Engineer or other proper village officer to suspend the work, for a failure on the part of the contractor to execute the same according to the terms thereof, but that such suspension shall not affect any other of the remedies available for non-performance of the contract.
(2) Each contract shall contain a clause, in substance, to the effect that no liability shall attach to the village for any damages resulting from any work or public improvement or from the negligence of the contractor, his or her agents, employees or workers.
(3) Each contract shall contain a clause, in substance to the effect that the contractor shall be liable for any damages resulting from any work or public improvement or from the carelessness of the contractor, his or her agents, employees or workers.
(B) Contractors’ obligations. All contracts for any work or improvement which requires the digging up, use of occupancy of any street, alley, highway or public ground of the village, shall contain a clause, in substance to the effect requiring the contractor, during the nighttime, to install and maintain such barriers and lights as will effectually permit the occurrence of an accident in consequence of such digging up, use or occupancy.
(C) Contracts paid from special taxes or assessments. All contracts in which the contractor agrees to be paid from special taxes or special assessments shall contain a clause, in substance to the effect that the contractor shall have no claim or lien upon the village, in any event, except from the collection of the special taxes or assessments levied for the work contracted, and that no liability shall attach to the village by reason of entering into any such contract, except for the payment to such contractor of such specified moneys received by the village.
(D) Surplus materials. All contracts for the street and alley improvements shall contain a clause, in substance to the effect that the village shall reserve the disposition of all surplus earth removed in excavations on such streets or alleys, and that no contractor or subcontractor shall in any manner sell or dispose of any such surplus earth.
(Prior Code, § 33.017) (Ord. 88-007, passed 7-5-1988)
All work and purchases of supplies, materials and services of less than the estimated value of $5,000 shall be made in the open market, without newspaper advertisement and without observing the procedure prescribed by this section for the award of formal contracts.
(Prior Code, § 33.018) (Ord. 88-007, passed 7-5-1988)
All contracts for professional services including, but not limited to, lawyers, engineers, real estate appraisers and architects and any other profession whose ethical code involved prohibits and discourages involvement in normal bidding procedures, may be entered into by the village without observing the bidding procedures prescribed by this section for the award of formal contracts.
(Prior Code, § 33.019) (Ord. 88-007, passed 7-5-1988)
In case of an apparent emergency which requires immediate work or purchase of supplies, materials or services, the Board of Trustees shall be empowered to secure by open market procedure as herein set forth, the lowest obtainable price, any work, supplies, materials or services regardless of the amount of the expenditure.
(Prior Code, § 33.020) (Ord. 88-007, passed 7-5-1988)
(A) Expenditure authority for the corporate authorities and various employees of the village shall be as follows.
(1) Corporate authorities. Any Trustee and the Village President are authorized to sign contracts on behalf of the village and to purchase goods and services on behalf of the village where:
(a) The value of any single transaction is less than $2,500; and
(b) The transaction has been approved by a majority of the appropriate Board committee having jurisdiction over the subject matter of the contract, either at a committee meeting, or in cases where a committee meeting is impracticable and the need for immediate action apparent, by polling the members of the committee.
(2) Supervisors. Supervisors (the Chief of Police, the Superintendent of Public Works and the Office Manager) are authorized to enter into contracts on behalf of the village or to purchase goods and services on behalf of the village where:
(a) The value of a single transaction does not exceed $500; and
(b) It is not practicable to secure the approval of the appropriate committee prior to the transaction.
(3) Chief Mechanic. The Chief Mechanic is authorized to enter into contracts on behalf of the village or to purchase goods and services on behalf of the village where:
(a) The value of a single transaction does not exceed $500; and
(b) The transaction relates to repair or maintenance of village equipment.
(B) Nothing in this section shall be construed as authorizing the entering into a contract or making a purchase of goods and services where the transaction is not supported by a prior appropriation or is prohibited by laws relating to conflicts of interest, expenditures of public funds for private purposes, or otherwise.
(Prior Code, § 33.022) (Ord. 97-025, passed 10-6-1997)
FREEDOM OF INFORMATION ACT
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COMMERCIAL PURPOSE. The use of any part of a public record or records, or information derived from public records, in any form for sale, resale or solicitation or advertisement for sales or services. For purposes of this definition, requests made by news media and non-profit, scientific or academic organizations shall not be considered to be made for a COMMERCIAL PURPOSE when the principal purpose of the request is:
(1) To access and disseminate information concerning news and current or passing events;
(2) For articles of opinion or features of interest to the public; or
(3) For the purpose of academic, scientific or public research or education.
COPYING. The reproduction of any public record by means of any photographic, electronic, mechanical or other process, device or means now known or hereafter developed and available to the village.
EXEMPT MATERIALS. Materials which are exempt from disclosure pursuant to 5 ILCS 140/7 and 140/7.5 of the Freedom of Information Act.
FREEDOM OF INFORMATION ACT or FOIA. The Illinois Freedom of Information Act, 5 ILCS 140/1.1 et seq.
PERSON. Any individual, corporation, partnership, firm, organization or association, acting individually or as a group.
PRIVATE INFORMATION. Unique identifiers, including a person’s Social Security number, driver’s license number, employee identification number, biometric identifiers, personal financial information, passwords or other access codes, medical records, home or personal telephone numbers and personal email addresses. PRIVATE INFORMATION also includes home address and personal license plates, except as otherwise provided by law or when compiled without possibility of attribution to any person.
PUBLIC ACCESS COUNSELOR. The public access counselor is a State Attorney General Office appointee responsible for various duties described in § 9.5 of the State Freedom of Information Act and § 7 of the Attorney General Act (15 ILCS 205/7). Contact information for the PUBLIC ACCESS COUNSELOR is as follows:
Public Access Bureau
500 S. 2nd Street
Springfield, Illinois 62706
217-558-0486
publicaccess@atg.state.il.us
PUBLIC RECORD.
(1) All records, reports, forms, writings, letters, memoranda, books, papers, maps, photographs, microfilms, cards, tapes, recordings, electronic data processing records, electronic communications, recorded information and all other documentary materials pertaining to the transaction of public business, regardless of physical form or characteristics, having been prepared by or for, or having been or being used by, received by, in the possession of or under the control of the village.
(2) PUBLIC RECORD also includes the following:
(a) All records relating to the obligation, receipt and use of public funds;
(b) Certified payroll records submitted to the village under § 5(a)(2) of the Prevailing Wage Act (820 ILCS 130/5) are PUBLIC RECORDS; except that contractors’ employees’ addresses, telephone numbers and Social Security numbers must be redacted by the village prior to disclosure;
(c) Arrest reports (except for arrests of persons under the age of 21 subject to the Juvenile Court Act of 1987); and (See § 35.45 of this chapter for further provisions with respect to arrest reports.)
(d) Criminal history records (except for arrests of persons under the age of 21 subject to the Juvenile Court Act of 1987), including, but not limited to:
1. Court records that are public;
2. Records that are otherwise available under state or local law; and
3. Records in which the requesting party is the individual identified, except as provided under § 7(1)(d)(vi) (5 ILCS 140/7) of the Freedom of Information Act.
VILLAGE. The Village of Riverton, Illinois.
(Prior Code, § 40.001) (Ord. 2010-001, passed 1-4-2010)
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