REPORT
OF THE COMMITTEE ON FINANCE
The Honorable,
The Board of Commissioners of
ATTENDANCE
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Present: |
Chairman Daley, Vice Chairman Sims, Commissioners Beavers,
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Absent: |
President Stroger and Commissioners Maldonado and |
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Also
Present: |
Patrick T. Driscoll, Jr. – Deputy State’s Attorney, Chief,
Civil Actions Bureau; Richard Velázquez – Special Counsel to the President;
Laura Lechowicz Felicione – Special Counsel to the President; Kim David
Gilmore – Chief, Bureau of Human Resources; Carmen Triche-Colvin – County
Purchasing Agent; and Peter M. Kramer, Esq. – General Counsel, Legal &
Labor Affairs Department, Office of the Sheriff |
Court Reporter: Anthony
W. Lisanti, C.S.R.
Ladies and
Gentlemen:
Your Committee
on Finance of the Board of Commissioners of Cook County met pursuant to notice
on
Your Committee
has considered the following items and, upon adoption of this report, the
recommendations are as follows:
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284063 |
AN AMENDMENT TO THE COOK The following is a synopsis of the
Proposed Ordinance Amendment. PROPOSED ORDINANCE AMENDMENT Division 5. Inspector General BE IT ORDAINED, by the
Cook County Board of Commissioners that Chapter 12, Article VI, Division 5,
of the Cook County Code is hereby amended as follows:
Division 5.
Inspector General
Sec. 2-281. Establishment. Sec. 2-282. Qualifications, Sec.
2-283. Purpose of office. Sec. 2-284. Functions, authority and
Sec. 2-287. Quarterly Reports. Sec. 2-288. Sec. 2-289. Confidentiality – Public Statements. Sec. 2-290. Removal of Independent Inspector
General. Sec. 2-291. Violations and penalties. Sec. 2-292. Severability. Sec. 2-293. Effective * Referred
to the Committee on Finance on * Deferred
in Committee at the |
Amendment #1 was introduced and
deferred at the
Sponsors: President Todd H. Stroger, Commissioners
William M. Beavers, John P. Daley, Mike Quigley and Peter N. Silvestri.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
Sec. 2-282. Qualifications,
Appointment, and Term. term.
(a) The Independent Inspector General shall be a
person who has at least one of the following characteristics:
(1) At least ten (10) years of federal,
state, or local government experience as a law enforcement officer, judge, or
government attorney.
(2) Progressive supervisory experience in an
investigative public agency similar to an inspector general’s office.
(3) Has managed and completed complex
investigations involving allegations of fraud, theft, deception, or conspiracy.
(4) Has demonstrated the ability to work
with local, state and federal law enforcement agencies and the judiciary.
(b) The
Independent Inspector General shall have a four-year degree from an accredited
institution of higher learning.
(c) The Independent Inspector General shall be
appointed through the following process: by the President of the Cook
County Board subject to the approval of the County Board.
The Inspector General shall be appointed for a term of three years.
(1) Upon the request of the President
(“President”) of the Cook County Board of Commissioners, the Chicago Bar
Association and Cook County Bar Association, as well as any other bar
association approved by a majority of the Cook County Board of Commissioners
(“County Board”) for such submission, shall submit a list of three (3)
individuals to the President. The list shall be accompanied by resumes,
qualifications and a brief statement detailing each individuals' credentials
for the appointment of Independent Inspector General. Recommendations shall
include individuals that meet the criteria of this section.
(2) The President
will appoint a selection committee (“selection committee”) to consist of four
(4) Commissioners (two Democrat and two Republican), the Cook County State’s Attorney, and the
Director of Cook County Board of Ethics. The selection committee will conduct
interviews and/or any other such investigations as the selection committee
deems fit, and will nominate one of the individuals on the list to become the
Independent Inspector General. The President maintains his ex-officio
non-voting status as governed in 2-105-C(2).
In the event of a tie, the President would have casting vote authority.
(3) Upon the
approval of a majority vote of those elected and entitled to vote on the County Board, the nominated individual will
become the Cook County Independent Inspector General, with
a term of six (6) years. If the nominated individual does not receive a
majority vote, the nomination shall become null and void and the selection
committee shall select a new individual from the remaining two candidates on
the list. If none of the individuals from the list receive a majority vote, the
bar associations will be asked to supply a new list.
(4) Upon
expiration of the Independent Inspector General’s term, the President may
request the County Board to reappoint the Independent
Inspector General. The County Board may, by a majority vote of those
elected and entitled to vote, reappoint the Independent Inspector General to
another term. In lieu of reappointment,
the President with the advice and consent of the County Board may restart the selection process
for a new Independent Inspector General as outlined in this section. The incumbent Independent Inspector General
may submit his or her name to the bar associations as a candidate to be
considered for selection and appointment.
(5) The Cook
County Bureau of Human Resources shall be responsible for ensuring that
background checks are conducted on the nominees selected by the bar
associations. The results of the
background checks shall be provided to the selection committee prior to the
interview of candidates.
Sec. 2-282. Qualifications, Appointment,
and Term.
(a) The Independent Inspector General shall
be a person who has:
(1) A four-year degree from an accredited
institution of higher learning; and
(2) A minimum of ten (10) years of federal,
state, or local government experience as a law enforcement officer, attorney or
judge; and
(3) Prior work experience managing and
completing complex investigations involving allegations of fraud, theft,
deception, or conspiracy.
(b) The
Independent Inspector General shall be appointed through the following process:
(1) Upon the request of the President
(“President”) of the Cook County Board of Commissioners, the Chicago Bar
Association and the Cook County Bar Association, shall jointly submit a list of
three (3) individuals to the President.
The list shall be accompanied by resumes, qualifications and a brief
statement detailing each individuals' credentials for the appointment of
Independent Inspector General.
Recommendations shall include individuals that meet the criteria of this
section.
(2) The
President will appoint a bi-partisan selection committee (“Selection
Committee”) to consist of four (4) Commissioners (two representing the majority
party and two representing the minority party on the Cook County Board), the
Cook County State’s Attorney and the Director of the Cook County Board of
Ethics. The Selection Committee shall
conduct interviews and/or any other such investigations of the candidates as
the Selection Committee deems fit, and shall nominate one of the individuals on
the list to become the Independent Inspector General. The President maintains his ex-officio
non-voting status as governed in 2-105-C(2).
If none of the candidates receives a majority vote, the President shall cast
a deciding vote.
(3) Upon the approval of a majority vote of
those elected and entitled to vote on the
(4) Upon expiration of the Independent
Inspector General’s term, the President may request that the
(5) The Cook County Bureau of Human
Resources shall be responsible for ensuring that background checks are
conducted on the nominees selected by the bar associations. The results of the background checks shall be
provided to the selection committee prior to the interview of candidates.
Sec. 2-284. Functions, authority and powers Powers and duties.
In addition to other powers
conferred herein, the Inspector General OIIG shall have the following duties functions,
authority and powers:
*****
(4) To
request information from and to conduct interviews under oath with
County employees, officers, officials, agents, contractors, sub-contractors,
licensees, grantees or persons or businesses seeking County contracts, grants,
licenses, or certification of eligibility for County contracts, grantees
or licensees for the purpose of investigation of corruption, fraud,
waste, mismanagement, unlawful political discrimination, or misconduct. This includes the power to review past,
present, and proposed County programs, accounts, records, contracts and
transactions.
*****
(11) To
cooperate with the Shakman Compliance Administrator and fulfill the obligations
set forth in the Supplemental Relief Order for Cook County, including providing
copies of complaints, investigating unlawful political discrimination
expeditiously, reporting the results to the Shakman Compliance Administrator,
and providing the Shakman Compliance Administrator with quarterly reports.
Notwithstanding any other provision
of this Ordinance, the Independent Inspector General shall cooperate with the
Shakman Compliance Administrator and fulfill the obligations required in the
Supplemental Relief Order entered into by Cook County in Shakman et al vs. The Democratic Organization of Cook County, et al No.
69 C 2145 (United States District Court for the Northern District of Illinois),
including providing copies of complaints, investigating unlawful political
discrimination expeditiously, reporting the results to the Shakman Compliance
Administrator, and providing the Shakman Compliance Administrator with
quarterly reports.
*****
Sec. 2-290. Removal of Independent Inspector General.
The Independent Inspector
General may be removed prior to the expiration of the Inspector General’s
his term only for cause and in accordance with the provisions of this
section. The President shall give
written notice to the If no such request is
made within 10 days, the Independent Inspector General shall be deemed
to have resigned his office as of the tenth day after receipt of notice. If no such request is made within 10 days,
the Independent Inspector General shall be deemed to have resigned his
office as of the tenth day after receipt of notice. If a request for hearing is made, the President’s notice of cause for
removal shall constitute the charge against the Independent Inspector
General. Removal of the Independent
Inspector General shall require the affirmative vote of a majority two-thirds
(2/3) of the members of the
Sec. 2-291. Violations and penalties.
(b) In addition to all other available
remedies, civil and criminal, the following penalties shall apply to violations
of this division:
*****
(5) Any person found to have willfully
violated Section 2-285 shall also be subject to a fine of not less than $300.00
and not more than $500.00 for each violation.
Actions seeking the imposition of a fine shall be filed as
quasi-criminal actions subject to the provisions of the Illinois Code of Civil Procedure, as
amended.
*****
Sec. 2-293 Effective Date.
This
Ordinance shall be effective immediately upon passage.
This
Amendatory Ordinance takes effect 30 days after becoming law.
*****
Chairman
Daley entered into the record an opinion submitted by the State’s Attorney’s
Office pertaining to Communication Number 284063. Chairman Daley indicated that Communication
Number 284063 is being moved for discussion purposes only, and that the intent
is to defer this Item pending further review by the State’s Attorney’s Office.
Chairman Daley stated that the Administration has some
concerns regarding the State’s Attorney’s Office rendering an opinion on this
issue, but that a number of commissioners had requested such an opinion in May.
Chairman
Daley asked Patrick T. Driscoll, Jr.,
Mr. Driscoll stated one of the
most important issues found to be problematic is the applicability of this
ordinance to independently elected officials, unless the elected officials were
going to move to opt-in to such an ordinance.
If a certain elected official did such an opt-in procedure, it likely
would not bind a subsequent elected official in that same office. Also, there are questions whether or not this
ordinance would change the form of government of
In response to Commissioner
Quigley’s question regarding a distinction among some of the elected officials,
Mr. Driscoll replied the State’s Attorney and the Clerk of the Circuit Court
are State officers created by the Constitution in the Judiciary Article. There are other offices, such as the Sheriff,
that are created by separate Article in the Constitution, as well as the
Recorder of Deeds, the
In response to Commissioner
Quigley’s inquiry as to whether the employees of the Offices of the State’s
Attorney and the Clerk of the Circuit Court are governed under different ethics
measures by the State, Mr. Driscoll replied the State Inspector General statute
does not govern them.
Chairman Daley asked the
representative from the Sheriff’s Office, Peter Kramer, Sheriff’s Legal
Counsel, to comment on this provision of the ordinance.
Mr. Kramer stated the Sheriff’s
office has its own Inspector General who investigates all complaints of
misconduct, whether it is sworn or non-sworn personnel. With respect to sworn personnel, Mr. Kramer
stated after twenty-nine days, they have to be disciplined before the Merit
Board.
Commissioner Quigley suggested that an “opt-in” measure be
included in the Ordinance, allowing those elected officials whose offices do
not have an inspector general function to voluntarily come under the purview of
the County’s Inspector General’s Ordinance.
Mr. Driscoll replied that this is a possibility.
Commissioner Beavers voiced his opposition to the Ordinance,
stating that numerous investigatory bodies already exist.
Chairman Daley stated that the
Office of the President is currently seeking an outside legal opinion on this
matter. He further stated the position
of the Administration is that the ordinance applies to all elected officials.
Chairman Daley has been asked by
the Administration to state their position on this ordinance.
Richard Velázquez, Special Counsel to the President,
delivered remarks on behalf of the Administration’s position: The Ordinance applies to all elected County
officials. These officials all receive
County taxpayer funding, and it is the President’s will to ensure that these
monies are being spent correctly.
Further, the ability to investigate all elected officials falls within
the County’s Home Rule powers.
Commissioner Silvestri noted that except for reducing an
elected official’s budget, there is no way to enforce this Ordinance. He suggested that the various elected
officials be invited to opt-in to the Ordinance.
Mr. Driscoll stated that, were the County to not adequately
fund an elected official’s office to the point where they could not perform
their statutory core functions, the elected official could seek legal
redress. He further stated that this
issue would hinge on the definition of “adequate.”
Chairman Daley reminded the members that when the
Commissioner Claypool inquired whether there was a limit to
the Board’s power to control the money allocated to an elected official, once
it passes Board approval and is in the hands of the elected official. This question was posed to determine whether
the ordinance amendment would limit the control of an elected official.
Mr. Driscoll replied that the Board monitors expenditures on
a monthly basis through the trial balance, and can see from that document what
the elected official is spending. He
further stated that monitoring what is being done by an elected official is not
controlling what that official does; it is simply oversight or
observation. Controlling operations of
an elected official who has statutory internal control would not pass muster.
Commissioner Murphy voiced her opposition to this Ordinance,
stating that another layer of investigation is unnecessary. She further stated that elected officials
should not be part of this Ordinance.
Commissioner Peraica commented that the State’s Attorney’s
Office interpreted this Ordinance too narrowly and did not take into account
the spirit and intent of the Ordinance’s proposed changes. He inquired whether the Ordinance would
violate the separation of powers among the three branches of government under
the Illinois Constitution.
Mr. Driscoll replied in the affirmative. He emphasized that the power of the Board
ends with its ability to fund the offices of elected officials; the Board has
no power over the day-to-day operations of these offices.
Vice Chairman Sims inquired whether a person could ask for
an investigation by the Inspector General against individual Board members, or
any elected official.
Mr. Driscoll replied in the affirmative, if the Ordinance
were passed in its present form.
In response to an inquiry from Vice Chairman Sims regarding
the applicability of the Ordinance to all elected officials, Mr. Velázquez
stated that it is the intent of the President that the Ordinance apply to all
of the elected officials. In his opinion
it would not take any power away from the offices of elected officials, nor
would it affect their operations. He
further stated that, with all due respect to Mr. Driscoll, the Office of the
President is seeking an outside opinion concerning whether the Ordinance would
be applicable to all elected officials or just certain elected officials.
Vice Chairman Sims inquired whether there is any case law
setting precedence that relates to this issue.
Mr. Velázquez replied that he was not aware of any, but that
he could look into this and respond to Vice Chairman Sims.
Vice Chairman Sims indicated that, since there is an opinion
being issued by the State’s Attorney’s Office, and also an outside opinion
being sought by the Office of the President, perhaps the Board should
commission an opinion as well. Vice
Chairman Sims stated this issue of seeking legal opinions from others is
setting a precedent.
Mr. Driscoll indicated that the State’s Attorney’s Office
arrived at their opinion without an agenda and without a vested interest. He further stated that this Ordinance, once
passed, would be presumed valid until overturned by a court.
Commissioner Quigley,
seconded by Commissioner Claypool, moved the approval of Amendment #1 to
Communication Number 284063. The motion
carried.
Sponsor: Commissioner
Larry Suffredin.
Co-Sponsors: Commissioners
William M. Beavers, Jerry Butler, Forrest Claypool, Earlean Collins, John P.
Daley, Elizabeth “Liz” Doody Gorman, Gregg Goslin, Joan Patricia Murphy,
Anthony J. Peraica, Mike Quigley, Timothy O. Schneider, Peter N. Silvestri,
Deborah Sims and Robert B. Steele.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF
Sec. 2-283. Purpose
of office.
The purpose of the Office of Independent Inspector General
is to detect, deter and prevent corruption, fraud, waste, mismanagement,
unlawful political discrimination or misconduct in the operation of County
government. For purposes of this Ordinance, “unlawful political discrimination” shall
be defined as follows: conduct affecting
a non-exempt employee’s hiring, firing or terms and conditions of employment
based on political reasons and factors.
Such political reasons and factors, include the following:
(a) Recommendations
for hiring, promotion or other employment terms for specific persons from
public office holders or political party officials that are not based on
personal knowledge of the person’s work skills, work experience or other
job-related qualifications.
(b) The
fact that the person worked in a political campaign or belongs to a political
organization or political party. Or the
fact that the person chose not to work in a political campaign or to belong to
a political organization or a political party.
The mere fact that a person worked for a political campaign for elective
office does not prohibit consideration of a recommendation related to that
person insofar as the basis for that recommendation relates to the person’s
relevant work experience.
(c) The
fact that the person contributed money, raised money or provided something else
of value to a candidate for public office or a political organization. Or the fact that the person chose not to
contribute or raise money for a candidate for public office or a political
organization.
(d) The
fact that the person is a Democrat or a Republican or a member of any other
political party or group. Or the fact
that the applicant is not a member.
(e) The
fact that the person expressed views or beliefs on political matters such as
what candidates or elected officials he or she favored or opposed, what public
policy issue he or she favored or opposed, or what views on government actions
or failures to act he or she expressed.
Commissioner Suffredin referred to page ten of the State’s
Attorney’s opinion, and stated that Amendment #2 offers a definition and
examples of “unlawful political discrimination,” and should be helpful and
provide guidance.
Leave was granted to add all commissioners as co-sponsors of
Amendment #2.
Commissioner
Suffredin, seconded by Commissioner Goslin, moved the approval of Amendment #2
to Communication Number 284063. The
motion carried.
AMENDMENT #3 TO COMMUNICATION NUMBER 284603
Sponsor: Commissioner
Larry Suffredin.
BE IT ORDAINED BY THE BOARD OF
COMMISSIONERS OF COOK COUNTY,
(13) To provide a proposed budget request within 90 days of his/her
initial appointment and annually thereafter pursuant to the County’s fiscal
year budget rules and regulations.
Commissioner Murphy inquired whether ninety days is enough
time to work with an inherited budget and create a new budget.
Commissioner Suffredin stated that within the first ninety
days the Board would need to know what fund transfers are required.
Chairman Daley inquired what the current budget is for a new
Inspector General’s Office.
Commissioner Suffredin replied that depending on the timing
of the passage of the Ordinance, the Board may only need to fund one quarter of
one year; he does, however, believe additional funding will be needed, and
further expects the Board will have to find some additional revenues to fund
this office.
Commissioner
Suffredin, seconded by Commissioner Goslin, moved the approval of Amendment #3
to Communication Number 284063. The
motion carried.
AMENDMENT
#4 TO COMMUNICATION NUMBER 284063
Sponsor: Commissioner Larry Suffredin.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY,
Section 2-287.
Quarterly reports.
Add:
(5) Upon receipt of such reports, the
Commissioner Suffredin noted: If a report from the Office of the Inspector
General was rejected by the Board, the Board would have to provide specific
reasons, such as that the report was not thorough enough. This process is similar to the process
utilized at the State level by the Joint Committee on Administrative
Rules. It is his belief that the Board
should be able to take actions (including making recommendations) on a report.
Chairman Daley inquired whether the Board would have to
provide a reason for rejecting a report.
Commissioner Suffredin replied: There would be a record of the Board’s
discussion concerning any rejection of a report. The Board would not have to send any
document back to the Inspector General’s Office to reject the report. Amendment #3 does not intend to create
dialogue between the Inspector General’s Office and the Board. It simply allows the Board to let its will be
known to the Office of the Inspector General.
Commissioner
Suffredin, seconded by Commissioner Quigley, moved the approval of Amendment #4
to Communication Number 284063. The
motion carried.
Commissioner Quigley,
seconded by Commissioner Silvestri, moved to defer consideration of the
Proposed Ordinance Amendment (Communication Number 284063), as amended. The motion carried.
|
285682 |
AMENDMENT TO THE The following is a synopsis of the Proposed Ordinance
Amendment. PROPOSED ORDINANCE AMENDMENT BE IT ORDAINED, by the Cook County Board of Commissioners
that Chapter 34, Article IV, Division 1, Sections 34-121 through 34-133;
Division 2, Sections 34-151 through 34-156; Division 3, Sections 34-181
through 34-185; and Division 4, Sections 34-211 through 34-221, of the Cook
County Code is hereby amended as follows: ARTICLE IV. PROCUREMENT AND CONTRACTS DIVISION 1. GENERALLY Sec. 34-121. Sec. 34-122. Sec. 34-123. Sec. 34-124. Sec. 34-125. No
delegation of power to act for expenditure exceeding $25,000.00. Sec. 34-126. Contracts
for a period exceeding one year. Sec. 34-127. Living
wage. Sec. 34-128. Prevailing
wage. Sec. 34-129. Disqualification
for tax and fee delinquency. Sec. 34-130. Penalties
for Failure to Sec. 34-131. Disqualification for Non-Compliance with
child support orders. Sec. 34-132. Contracts
with businesses in Sec. 34-133. DIVISION 2. CONTRACT
PROCUREMENT Sec. 34-151. Competitive
bidding. Sec. 34-152. Contracts not
adaptable to competitive bidding. Requests for Proposals or
Qualifications. Sec. 34-153. Sec. 34-154. Contracts for
consulting and auditing services. Sec. 34-155. Sole
source procurements. Sec. 34-156. Emergency
purchases. Sec. 34-157. Percentage
of work of construction projects to be performed by County residents. Sec. 34-158. Preference
to citizens on public works projects. DIVISION 3. SELECTION OF BOND
COUNSEL AND BOND UNDERWRITERS Sec. 34-181. Goals of
division. Sec. 34-182. Definitions. Sec. 34-183. Competitive
process for negotiated bond sales. Sec. 34-184. Report of
underwriters. Sec. 34-185. Bond counsel. DIVISION 4. DISQUALIFICATION
OF CONTRACTORS AND PENALTIES Sec. 34-211. Business entity
defined. Sec. 34-212. Bribery
conviction. Sec. 34-213. Persons and
entities subject to disqualification. Sec. 34-214. Business entity
disqualification due to conduct of owner, partner, etc. Sec. 34-215. Disqualification
due to a Sec. 34-216. Offering gift to
induce others not to bid; bribe offer to government employee. Sec. 34-217. Disqualification
procedure. Sec. 34-218. Bid
specifications. Sec. 34-219. Affidavit. Sec. 34-220. Removal of
organized crime figures from approved bidders' list. Sec. 34-221. False
statements. * Referred to the Committee on Finance on |
Commissioner
Suffredin, seconded by Commissioner Silvestri, moved to accept the Substitute
Ordinance Amendment for Communication Number 285682. The motion carried.
SUBSTITUTE
ORDINANCE AMENDMENT FOR COMMUNICATION NUMBER 285682
Submitting a Proposed Substitute Ordinance Amendment
sponsored by
TODD H. STROGER, President,
Co-Sponsored by
WILLIAM M. BEAVERS, JOHN P. DALEY, LARRY SUFFREDIN, JERRY
BUTLER, FORREST CLAYPOOL, EARLEAN COLLINS, ELIZABETH “LIZ” DOODY GORMAN, GREGG
GOSLIN, JOAN PATRICIA MURPHY, ANTHONY J. PERAICA, MIKE QUIGLEY, TIMOTHY O.
SCHNEIDER, PETER N. SILVESTRI, DEBORAH SIMS AND ROBERT B. STEELE, County
Commissioners
PROPOSED SUBSTITUTE
ORDINANCE AMENDMENT
BE IT ORDAINED, by the Cook County Board of
Commissioners that Chapter 34, Article IV, Division 1, Sections 34-121 through
34-133; Division 2, Sections 34-151 through 34-156; Division 3, Sections 34-181
through 34-185; and Division 4, Sections 34-211 through 34-221, of the Cook
County Code is hereby amended as follows:
ARTICLE IV. PROCUREMENT AND
CONTRACTS
DIVISION 1. GENERALLY
Sec. 34-121. No
delegation of power to act for expenditure exceeding $25,000.00.
The
County Board shall have no power or authority to delegate to any committee or
other person or persons the "power to act," when such "power to
act" shall involve the letting of any contract or the expenditure of
public money exceeding the sum of $25,000.00 except in the following instances:
the payment of public utility bills and the payment of rent, pursuant to the
provisions of a lease previously approved by the County Board. Any action of the Board, or of any committee
thereof, or of any other person or persons in violation of this section shall
be null and void. No money shall be
appropriated or ordered paid by the County Board, beyond the sum of $25,000.00
unless such appropriation shall have been authorized by a vote of the majority
of the members elected to the County Board.
No officer of the County, or other person shall incur any indebtedness
on behalf of the County, unless first authorized by the County Board.
Sec. 34-121. Contracts
for supplies, material and work.
All
contracts for supplies, materials and equipment and contractual services for
the County of Cook shall be let as provided in this
Article IV. All contracts for supplies,
materials and equipment and contractual services for Cook County including the separately elected
Officials which involve an expenditure of more than $25,000 shall be approved
by the Board of Commissioners and signed by the President of the Board, the County Purchasing Agent and the Comptroller. All contracts for supplies, materials, and
equipment and contractual service for Cook County including the separately elected
Officials which involve an expenditure of less than $25,000.00 shall be
approved by the Purchasing Agent.
Supplies shall be issued only on the requisition of the responsible
officers of the County institutions now or hereafter established by law,
approved by the County Purchasing Agent.
Sec. 34-122. Contracts
for a period exceeding one year.
(a) Notwithstanding
the provisions of 55 ILCS 5/6-24008 (limitations on Cook County
appropriations), the Purchasing Agent of the County, subject to the approval of
the Board of Commissioners of the County, is hereby empowered and authorized to
enter into contracts for the purchase of goods and services for a period to
exceed one year or more.
(b) Notwithstanding
the provisions of 55 ILCS 5/6-24008 (limitations on Cook County
appropriations), any such contract approved by the County Board and entered
into by the County which is in excess of one year or more, shall be a valid and
binding obligation of the County.
Sec. 34-122. County
Purchasing Agent.
There
shall be a County Purchasing Agent for the County of Cook who shall be appointed by the
President by and with the consent of the Board of Commissioners. He or she shall hold office for one year and
until his/her successor is appointed. No
person shall be appointed County Purchasing Agent unless he/she has had at
least three years experience in an executive capacity in the purchasing office
of a private or public corporation whose purchases are reasonably comparable in
size to those of the County of Cook.
His or her salary shall be fixed by the Board of Commissioners. He/she shall give a bond for the due
performance of his/her duties in an amount to be prescribed by the Board of
Commissioners.
Sec. 34-123. Living
wage.
(a)
Unless expressly waived by the County Board, not less than a living wage shall
be paid to each employee of any employer that is awarded either (1) a contract
or subcontract with the County, or (2) a property tax incentive for
owner-occupied property.
(b)
The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Assessor means the Assessor of Cook County.
Board means the Board of Commissioners of
Cook County.
Chief Financial Officer or “CFO” means the Chief Financial Officer of
Cook County.
Commission means the Cook County Commission on Human Rights.
Contract means any written agreement whereby
the County is committed to expend or does expend funds in connection with any
contract or subcontract which requires in the performance thereof the
employment of any number of full-time non-county employees, including, but not
limited to, the following classifications: cashier, clerical, custodial, day
laborer, elevator operator, home and health care, laundry, leased employee,
parking attendant, and security guard.
The term "contract" shall not include contracts with
not-for-profit organizations, community development block grants, President's
Office of Employment Training, Sheriff's Work Alternative Program, or
Department of Correction inmates.
Employee means
any individual permitted to work on a full-time basis by an employer in an
occupation pursuant either to work performed under a specific county contract
or to work performed on the specific property for which the employer receives a
property tax incentive. The term
“employee” does not include an individual who is the employer’s parent, spouse
or child or other members of the employer’s immediate family. This definition of employee may be further
defined by the Cook County Bureau of Human Resources.
Employer means
any person or business entity that employs one or more full-time employees,
excluding the parent, spouse, child or other members of the employer’s
immediate family. Employer does not
include not-for-profit organizations.
Living wage means a wage of no less than $9.43 per hour if employee health benefits
are provided, or $11.78 per hour without health benefits. The employee health benefit contribution
shall not exceed 25 percent of the health insurance premium. As of January 1, 2006, and each January 1
thereafter, the CFO shall adjust the living wage using the most recent federal
poverty guidelines for a family of four as published annually by the United
States Department of Health and Human Services, to constitute the
following: there will be an annual
adjustment calculated as 100 percent of the federal poverty line for a family
of four (as defined by the U.S. Department of Health and Human Services) with
health benefits and 125 percent of the federal poverty line for a family of
four without health benefits.
Not-for-profit organization means a corporation having tax
exempt status under Section 501(c)(3) of the United States Internal Revenue
Code and recognized under State not-for-profit law.
Property tax incentive means a reduction in the assessment
level as set forth in Chapter 74, Article II, Division 2 of this Code for
owner-occupied Class 6b industrial property, Class 8 industrial property, or
Class 9 multifamily residential property.
For the purpose of this Ordinance, “property tax incentive” shall not
include a Class 9 designation granted to supportive living facilities, which
establish an alternative to nursing home care for low income older persons and
persons with disabilities under Medicaid and which are certified by the State
Department of Public Aid pursuant to Chapter 74, Article II, Division 2 of this
Code, the County Real Property Assessment Classification Ordinance.
Purchasing Agent means the Purchasing Agent of Cook County.
Wage means compensation due to an
employee by reason of his employment, including allowances for gratuities and
for meals and lodging that are furnished by the employer and actually used by
the employee. This definition of wage may be
further defined by the Cook County Bureau of Human Resources.
(c)
Every contract shall contain a provision or provisions stipulating that
the contractor and all subcontractors are currently paying their employees a
living wage and obligating the contractor and all subcontractors to pay their
employees not less than the living wage throughout the duration of the
contract.
(d)
Every employer that receives or renews a property tax incentive shall
provide an affidavit to the Assessor stipulating that such employer is
currently paying the living wage to its employees as required by this
Ordinance.
(e)
The Purchasing Agent shall require as part of the bidding and sole
source procedure that any covered contractor provide certification of its
compliance with this section.
(f)
Any contract that violates the provisions contained in this section
shall be subject to cancellation by the Board.
(g)
The CFO shall annually notify all employers required to pay the living
wage of the annual living wage adjustment.
Within 30 days of said notification, such employers shall submit an
affidavit to the CFO stating that (1) they paid the living wage during the previous
calendar year, and that (2) they are currently paying the living wage as
adjusted by the CFO. If an employer
fails to timely submit such an affidavit, the CFO shall (1) notify the Assessor
to revoke any property tax incentive the employer may have received, or (2)
notify the Purchasing Agent to cancel, subject to Board approval, any contract
the employer may have with Cook County.
(h)
The Assessor shall provide annual written notification to the CFO of all
employers receiving property tax incentives including the employer’s name,
mailing, and email address.
(i)
Every employer shall notify its employees of the living wage requirement
at the time of hire and shall notify all of its employees annually of the
adjustment to the living wage. If any
employee contends that his employer is not paying a living wage as required by
this Ordinance, that employee may file a complaint with the Commission. The Commission shall issue rules and
regulations necessary to implement its investigatory powers. If at the conclusion of the Commission’s
investigation, the Commission finds that the employer is not paying a living
wage as required by this Ordinance, it shall (1) notify the Assessor to revoke
any property tax incentive the employer may have received, or (2) notify the Purchasing
Agent to cancel, subject to Board approval, any contract the employer may have
with Cook County.
(j) At
such time any disqualified employer achieves compliance with the living wage as
required by this Ordinance, the employer may notify the CFO. The CFO shall notify the Assessor or the
Purchasing Agent that the employer is eligible for reinstatement of either the
property tax incentive or a contract, subject to Board approval.
(k) If
any one or more of the provisions of this Ordinance is declared
unconstitutional or the application thereof is held invalid, the validity of
the remainder of this Ordinance and the application of such provisions to other
persons and circumstances shall not be affected thereby.
Sec. 34-123. Powers
and duties of Purchasing Agent.
The
County Purchasing Agent shall, subject to the control and supervision of the
President and Board of Commissioners, (a) purchase or contract for all
supplies, materials and equipment, and contractual services required by any
office, department, institution or agency of the county government subject to
the provisions, restrictions and limitations of this Division, including the
ability to contract with other governmental agencies for goods, supplies and
services; (b) establish and enforce standard and non-standard specifications
established in accordance with this Division which shall apply to all supplies,
materials and equipment purchased for the use of any office, department,
institution or agency of the county government; (c) transfer to or between the
various offices, departments, institutions or agencies of the county government
and trade in and sell supplies, materials and equipment which are surplus,
obsolete or unusable; (d) have charge of such other purchasing activities as
the Board of Commissioners may assign from time to time; (e) distribute or
cause to be distributed to the various offices, departments, institutions or
agencies of the county government all supplies, materials and equipment
purchased by the Office of the Purchasing Agent; (f) require all vendors to
submit a notarized certification or affidavit of their compliance with all
requirements imposed by this Division on forms promulgated by the Purchasing
Agent, which shall include, but shall not be limited to: an affirmation that
the vendor is a registered business in good standing with the State of Illinois
and, in the case of a contractor operating under an assumed name, with the
County Clerk, and an affirmation with respect to Section 34-131 of this
Ordinance (Child Support), Section 34-130 of this Ordinance (Taxes and Fees)
and Chapter 2, Article VII of the County Code (Ethics) including Section 2-574
(Receiving and soliciting gifts and favors) and Section 2-585 (Limitations of
Contributions to candidates and elected officials) and an economic disclosure
statement disclosing all persons or entities who have made lobbying contacts on
behalf of the vendor with respect to the contract; (g) except as otherwise
expressly provided by law, no supplies, materials or equipment or contractual
services shall be purchased or contracted for by any Elected Official,
department, institution or agency of the County, or by any officer or employee
thereof, but all such supplies, materials, equipment or contractual services
shall be purchased or contracted for by such county Purchasing Agent in
accordance with this Division.
Sec. 34-124. Prevailing
wage.
(a) To
the extent and as required by the Prevailing Wage Act (820 ILCS 130/0.01 et
seq.), the general prevailing rate of wages in this locality for laborers,
mechanics and other workers engaged in the construction of public works coming
under the jurisdiction of this County is hereby ascertained to be the same as
the prevailing rate of wages for construction work in the Cook County area as
determined by the Department of Labor of the State of Illinois, a copy of that
determination being submitted hereto and incorporated herein by reference. As required by said Act, any and all
revisions of the prevailing rate of wages by the Department of Labor of the
State of Illinois shall supersede the Department's
June determination and apply to any and all public works construction
undertaken by the County of Cook.
The definition of any terms appearing in this section which are also
used in aforesaid Act shall be the same as in said Act.
(b) Nothing
herein contained shall be construed to apply said general prevailing rate of
wages as herein ascertained to any work or employment except public works
construction of this County to the extent required by the aforesaid Act.
(c) The
Bureau of Human Resources shall publicly post or keep available for inspection
by any interested party in the main office of this Bureau of Human Resources
(County) this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the
current revised determination of prevailing rate of wages then in effect shall
be attached to all contract specifications.
(d) The
Clerk shall mail a copy of this determination to any employer, and to any association
of employers and to any person or association of employees who have filed their
names and addresses, requesting copies of any determination stating the
particular rates and the particular class of workers whose wages will be
affected by such rates.
(e) The
Bureau of Human Resources shall promptly file a certified copy of the ordinance
from which this section is derived with both the Secretary of State Index
Division and the Department of Labor of the State of Illinois.
(f) The
Bureau of Human Resources shall cause to be published in a newspaper of general
circulation within the area a copy of the ordinance from which this section is
derived, and such publication shall constitute notice that the determination is
effective and that this is the determination of this public body.
(g) The
Purchasing Agent of Cook County shall specify in the call for bids in any
contract for public works that the general prevailing rate of wages in the
locality for each craft or type of laborer or mechanic needed to execute the
contract to perform such work, also the general prevailing rate for legal
holiday and overtime work as ascertained by the Bureau of Human Resources,
shall be paid for each craft or type of work needed to execute the contract or
to perform such work. The Purchasing
Agent in awarding the contract shall cause to be inserted in the contract a
stipulation to the effect that not less than the prevailing rate of wages, as
found by the Bureau of Human Resources, shall be paid to all laborers, workers
and mechanics performing work under the contract, and the Purchasing Agent
shall also require in all such contractor's bonds that the contract include
such provision as will guarantee the faithful performance of such prevailing
wage clause as provided by the contract.
(h) In
the case of any underpayment of the prevailing wage, a penalty of 20 percent of
the underpayment shall be assessed against the contractor or subcontractor; and
the 20 percent penalty shall be payable to the Illinois Department of Labor. Any underpayment that has not been repaid to
a worker within 30 days of violation is subject to an additional two percent of
the underpayment as a punitive damage assessment. This is payable to the worker.
(i) There
is an automatic two-year debarment of any contractor or subcontractor found to
have violated the Act on two separate occasions. An affected contractor or subcontractor may
request the Department to hold a hearing on the alleged violations within ten
days notification of the second violation.
Sec. 34-124. Rules,
regulations and electronic procurement.
The
County Purchasing Agent, shall adopt, promulgate, and
from time to time amend the rules and regulations for the proper conduct of
his/her office. The
Sec. 34-125. Disqualification
for tax and fee delinquency.
(a) No
person or business entity (partnership or corporation) shall be awarded a
contract for goods or services with the County that is delinquent in the
payment of any tax (including real estate tax) or fee administered by the
County.
(b) No
person or business entity will be prohibited from entering into a contract with
the County if the individual or entity is contesting liability for the amount
of the debt in a pending administrative or judicial proceeding, and shows proof
of the contest; or has entered into an agreement with the County for the
payment of all debts owed to the County and verifies compliance with the
agreement; or should the Purchasing Agent and the head of the requisitioning
department, if applicable, or other appropriate department head, certify in
writing to the County Board that it is in the interest of the public health,
safety, or welfare of the County to enter into such contract and that the
County is unable to secure a contract that is comparable in terms of price,
quality, or quantity.
(c) Every
County contract shall contain a provision that entitles the County to set off a
portion of the contract price equal to the amount of the fines and penalties
for each tax or fee delinquency and any debt owed by the contracting party to
the County.
(d) Before
awarding a contract for goods or services, the County agency shall obtain a
statement under oath from the person or business entity that none of the taxes
or fees contested, or other taxes or fees, are delinquent. The statement shall conform in substance to
the following form:
VERIFICATION OF PAYMENT OF COOK COUNTY
TAXES AND FEES
(Name of Person or Entity) is (are)
not (an) owner(s) or a party responsible for the payment of any tax or fee in
Cook County for which such tax or fee is delinquent. (If applicable) (Name of
Person or Entity) represents the following is a complete list of real estate
owned by (person or entity) in Cook County: (list by index number).
(e) The
effect of any person or entity making a false statement under oath shall be to
entitle the County to set off a portion of the contract price equal to the
amount of the tax or fee delinquency. In
addition, a 25-percent penalty on the amount of the tax or fee delinquency
shall be imposed. Making a false
statement under oath regarding delinquency shall be a misdemeanor, punishable
by a fine of $100.00.
(f) If
during the existence of any contract for goods or services between the County
and any person or business entity, such person or entity shall become
delinquent for nonpayment of taxes or fees administered by the County, the
County shall be entitled to set off a portion of the contract price equal to
the amount of the tax and fee delinquency, and impose a 25 percent penalty on
the amount of the delinquent tax or fee.
(g) No
person or entity will have a set off, penalty or fine imposed except after a
hearing. Such person or entity shall be given five days written notice of the
hearing affording an opportunity to appear and defend. The hearing shall be held before a
representative of the County appointed by the County Board who shall report findings to the County Board. The County Board shall have the right to authorize
the examination of the books and records of any person or entity upon whom
notice of a hearing has been served.
(h) If
the County Board shall determine after such hearing that a set off, penalty or
fine should be imposed, within 15 days the Board shall state the reason or
reasons for such determination in a written order and shall serve a copy of
such order upon the person or business entity.
(i) Whenever
it shall appear from the books and records kept by the responsible County
agency that any person or entity holding any contract with the County has
failed to pay any taxes or fees, the responsible County agency shall report the
fact to the County Board, and the Board may impose a set
off, penalty or fine.
(j) This
section applies to all contracts for goods or services, including personal
services; contracts which are awarded on the basis of the bidding process
described in this article; contracts which are not bid; contracts which are
awarded on the basis of Division 6 of this article; contracts which originate
under the authority of the County Purchasing Agent, and contracts which
originate from any other office or division of the County.
(k) For
the purposes of this section, "taxes or fees administered by the County
" shall mean any and all taxes or fees which are imposed or collected by
or on behalf of the County, its officials, agencies, boards, commissions or
departments, including but not limited to taxes levied on real estate, excise
taxes levied by or on behalf of the County, fees and charges imposed by
ordinance or by law which are payable to an officer, agency, board, commission
or department of the County for any filing, recordation, permit, license,
inspection, service including medical services or for any other purpose. Taxes and fees shall be construed to include
any and all interest and penalties authorized or imposed by law or by ordinance
for late payment or for nonpayment of taxes or fees.
(l) Taxes
or fees shall be considered delinquent if a claim, notice or demand for payment
has been made for such taxes or fees by or on behalf of the County, its
officers, agencies, boards, commissions or departments without timely payment,
except in those cases where authorized procedures for protesting or contesting
such taxes or fees have been timely and properly initiated and where such
protest or contest remains pending.
Sec. 34-125. No
delegation of power to act for expenditure exceeding $25,000.00.
The
County Board shall have no power or authority to delegate to any committee or
other person or persons the "power to act," when such "power to
act" shall involve the letting of any contract or the expenditure of
public money exceeding the sum of $25,000.00 except in the following instances:
the payment of public utility bills and the payment of rent, pursuant to the provisions
of a lease previously approved by the County Board, payment of insurance
premiums, agreements and other documents necessary to carry out grant-funded
projects or other board authorized transactions. Any action of the Board, or of any committee
thereof, or of any other person or persons in violation of this section shall
be null and void. No money shall be
appropriated or ordered paid by the
Sec. 34-126. Contracts
with businesses in Northern Ireland (MacBride Principles).
(a) Purpose. The Board of Commissioners desires to promote
the fair and equitable treatment of religious minorities in Northern Ireland and to promote a better working
environment for all citizens therein.
The MacBride Principles have become a generally-accepted standard for
nondiscriminatory behavior of companies doing business in Northern Ireland.
Legislation similar to this section has been enacted in the State of Illinois and the City of Chicago.
(b) Adherence to MacBride Principles for
contractors with Cook County. All County contracts let by a competitive bid
process as set forth in the Illinois Counties Code shall include the following
language:
"If the primary contractor
currently conducts any business operations in Northern Ireland, or will conduct
business during the projected duration of a County contract, it is hereby
required that the contractor shall make all reasonable and good faith efforts
to conduct any such business operations in Northern Ireland in accordance with
the MacBride Principles for Northern Ireland as defined in Illinois Public Act
85-1390."
(c) Penalty. For those contractors which refuse to include
the above-quoted provisions in their bid contracts, the County shall assess an
eight percent penalty to the contract bid.
This penalty shall thereby increase an offending contractor's bid price
for the purpose of canvassing the bids in order to determine who is to be the
lowest responsible bidder. This penalty
shall not affect the amount of any contract payment.
(d) Exemption. The provisions of this section shall not
apply to contracts for which the County receives funds administered by the
United States government, except to the extent that Congress has directed that
funds shall not be withheld from states and localities that choose to implement
selective purchasing policies based on agreement to comply with the MacBride
Principles for Northern Ireland, or to the extent that such funds are not
otherwise withheld by the Federal government.
Sec. 34-126. Contracts
for a period exceeding one year.
(a) Notwithstanding
the provisions of 55 ILCS 5/6-24008 (limitations on Cook County
appropriations), the Purchasing Agent of the County, subject to the approval of
the Board of Commissioners of the County, is hereby empowered and authorized to
enter into contracts for the purchase of goods and services for a period to
exceed one year or more.
(b) Notwithstanding
the provisions of 55 ILCS 5/6-24008 (limitations on Cook County
appropriations), any such contract approved by the County Board and entered
into by the County which is in excess of one year or more, shall be a valid and
binding obligation of the County.
(c) The
Purchasing Agent shall have authority to enter into contracts for a period
authorized by the Board, and may establish the commencement and expiration
dates of any contract as necessary to permit the contract to commence upon the
date of execution of the contract unless another date is specified in the
contract documents. The Purchasing Agent
may approve amendments to the contract provided that such amendment does not
increase the amount of the contract by more than one-thousand dollars ($1,000)
or extend the contract by more than thirty (30) days.
Sec. 34-127. Sale or purchase of real estate.
(a) No
surplus real estate owned by the County shall be sold or exchanged or otherwise
disposed of unless two written independent fee appraisal reports have first
been obtained and presented to the County Board and the proposed sale or exchange
has been presented to the Committee on Finance Real Estate Subcommittee of the County Board.
At least one of such appraisals shall be an M.A.I. appraisal. The grantee may be required to pay the cost
of such appraisals as a condition of conveyance of the real estate proposed to
be sold or exchanged or otherwise disposed of.
(b) Unless
the purchase price is $50,000.00 or less, no real estate shall be purchased by
the County unless two written independent fee appraisal reports have first been
obtained and presented to the County Board and the proposed purchase has been
presented to the Committee on Finance Real Estate Subcommittee of the County Board.
At least one of such appraisals shall be an M.A.I. appraisal.
Sec. 34-127. Living
wage.
(a) Unless expressly waived by the County
Board, not less than a living wage shall be paid to each employee of any employer
that is awarded either (1) a contract or subcontract with the County, or (2) a
property tax incentive for owner-occupied property.
(b) The following words, terms and phrases,
when used in this section, shall have the meanings ascribed to them in this
subsection, except where the context clearly indicates a different meaning:
Assessor means the Assessor of
Board
means the Board of Commissioners of
Chief Financial Officer or “CFO” means the Chief Financial Officer of
Commission means the
Contract means any written agreement whereby
the County is committed to expend or does expend funds in connection with any
contract or subcontract which requires in the performance thereof the
employment of any number of full-time non-county employees, including, but not
limited to, the following classifications: cashier, clerical, custodial, day
laborer, elevator operator, home and health care, laundry, leased employee,
parking attendant, and security guard.
The term "contract" shall not include contracts with
not-for-profit organizations, community development block grants, President's
Office of Employment Training, Sheriff's Work Alternative Program, or
Department of Correction inmates.
Employee means
any individual permitted to work on a full-time basis by an employer in an
occupation pursuant either to work performed under a specific county contract
or to work performed on the specific property for which the employer receives a
property tax incentive. The term
“employee” does not include an individual who is the employer’s parent, spouse
or child or other members of the employer’s immediate family. This definition of employee may be further
defined by the
Employer means
any person or business entity that employs one or more full-time employees,
excluding the parent, spouse, child or other members of the employer’s
immediate family. Employer does not
include not-for-profit organizations.
Living wage means a wage of no less than $9.43 per hour if employee health benefits
are provided, or $11.78 per hour without health benefits. The employee health benefit contribution
shall not exceed 25 percent of the health insurance premium. As of January 1, 2006, and each January 1
thereafter, the CFO shall adjust the living wage using the most recent federal
poverty guidelines for a family of four as published annually by the United
States Department of Health and Human Services, to constitute the following: there will be an annual adjustment calculated
as 100 percent of the federal poverty line for a family of four (as defined by
the U.S. Department of Health and Human Services) with health benefits and 125
percent of the federal poverty line for a family of four without health
benefits.
Not-for-profit organization means a corporation having tax
exempt status under Section 501(c)(3) of the
Property
tax incentive means
a reduction in the assessment level as set forth in Chapter 74, Article II,
Division 2 of this Code for owner-occupied Class 6b industrial property, Class
8 industrial property, or Class 9 multifamily residential property. For the purpose of this Ordinance, “property
tax incentive” shall not include a Class 9 designation granted to supportive
living facilities, which establish an alternative to nursing home care for low
income older persons and persons with disabilities under Medicaid and which are
certified by the State Department of Public Aid pursuant to Chapter 74, Article
II, Division 2 of this Code, the County Real Property Assessment Classification
Ordinance.
Purchasing Agent means the Purchasing Agent of
Wage means
compensation due to an employee by reason of his employment, including
allowances for gratuities and for meals and lodging that are furnished by the
employer and actually used by the employee.
This
definition of wage may be further defined by the
(c) Every contract shall contain a provision
or provisions stipulating that the contractor and all subcontractors are
currently paying their employees a living wage and obligating the contractor
and all subcontractors to pay their employees not less than the living wage
throughout the duration of the contract.
(d) Every
employer that receives or renews a property tax incentive shall provide an
affidavit to the Assessor stipulating that such employer is currently paying
the living wage to its employees as required by this Ordinance.
(e) The
Purchasing Agent shall require as part of the bidding and sole source procedure
that any covered contractor provide certification of its compliance with this
section.
(f) Any
contract that violates the provisions contained in this section shall be
subject to cancellation by the Board.
(g) The CFO shall annually notify all employers required to
pay the living wage of the annual living wage adjustment. Within 30 days of said notification, such
employers shall submit an affidavit to the CFO stating that (1) they paid the
living wage during the previous calendar year, and that (2) they are currently
paying the living wage as adjusted by the CFO.
If an employer fails to timely submit such an affidavit, the CFO shall
(1) notify the Assessor to revoke any property tax incentive the employer may
have received, or (2) notify the Purchasing Agent to cancel, subject to Board
approval, any contract the employer may have with Cook County.
(h) The
Assessor shall provide annual written notification to the CFO of all employers
receiving property tax incentives including the employer’s name, mailing, and
email address.
(i) Every
employer shall notify its employees of the living wage requirement at the time
of hire and shall notify all of its employees annually of the adjustment to the
living wage. If any employee contends
that his employer is not paying a living wage as required by this Ordinance,
that employee may file a complaint with the Commission. The Commission shall issue rules and
regulations necessary to implement its investigatory powers. If at the conclusion of the Commission’s
investigation, the Commission finds that the employer is not paying a living
wage as required by this Ordinance, it shall (1) notify the Assessor to revoke
any property tax incentive the employer may have received, or (2) notify the
Purchasing Agent to cancel, subject to Board approval, any contract the
employer may have with Cook County.
(j) At such time any disqualified employer
achieves compliance with the living wage as required by this Ordinance, the
employer may notify the CFO. The CFO
shall notify the Assessor or the Purchasing Agent that the employer is eligible
for reinstatement of either the property tax incentive or a contract, subject
to Board approval.
(k) If
any one or more of the provisions of this Ordinance is declared
unconstitutional or the application thereof is held invalid, the validity of
the remainder of this Ordinance and the application of such provisions to other
persons and circumstances shall not be affected thereby.
Sec. 34-128. Prevailing
wage.
(a) To
the extent and as required by the Prevailing Wage Act (820 ILCS 130/0.01 et
seq.), the general prevailing rate of wages in this locality for laborers,
mechanics and other workers engaged in the construction of public works coming
under the jurisdiction of this County is hereby ascertained to be the same as
the prevailing rate of wages for construction work in the Cook County area as
determined by the Department of Labor of the State of Illinois, a copy of that
determination being submitted hereto and incorporated herein by reference. As required by said Act, any and all
revisions of the prevailing rate of wages by the Department of Labor of the
State of Illinois shall supersede the Department's June determination and apply
to any and all public works construction undertaken by the County of Cook. The definition of any terms appearing in this
section which are also used in aforesaid Act shall be the same as in said Act.
(b) Nothing
herein contained shall be construed to apply said general prevailing rate of
wages as herein ascertained to any work or employment except public works
construction of this County to the extent required by the aforesaid Act.
(c) The
Bureau of Human Resources shall publicly post or keep available for inspection
by any interested party in the main office of this Bureau of Human Resources
(County) this determination or any revisions of such prevailing rate of wage. A copy of this determination or of the
current revised determination of prevailing rate of wages then in effect shall
be attached to all contract specifications.
(d) The
Clerk shall mail a copy of this determination to any employer, and to any
association of employers and to any person or association of employees who have
filed their names and addresses, requesting copies of any determination stating
the particular rates and the particular class of workers whose wages will be
affected by such rates.
(e) The
Bureau of Human Resources shall promptly file a certified copy of the ordinance
from which this section is derived with both the Secretary of State Index
Division and the Department of Labor of the State of Illinois.
(f) The
Bureau of Human Resources shall cause to be published in a newspaper of general
circulation within the area a copy of the ordinance from which this section is
derived, and such publication shall constitute notice that the determination is
effective and that this is the determination of this public body.
(g) The
Purchasing Agent of Cook County shall specify in the call for bids in any
contract for public works that the general prevailing rate of wages in the
locality for each craft or type of laborer or mechanic needed to execute the
contract to perform such work, also the general prevailing rate for legal
holiday and overtime work as ascertained by the Bureau of Human Resources,
shall be paid for each craft or type of work needed to execute the contract or
to perform such work. The Purchasing
Agent in awarding the contract shall cause to be inserted in the contract a
stipulation to the effect that not less than the prevailing rate of wages, as
found by the Bureau of Human Resources, shall be paid to all laborers, workers
and mechanics performing work under the contract, and the Purchasing Agent
shall also require in all such contractor's bonds that the contract include
such provision as will guarantee the faithful performance of such prevailing
wage clause as provided by the contract.
(h) In
accordance with 820 ILCS 130/0.01 et seq., in the case of any underpayment of
the prevailing wage determined by the Illinois Department of Labor, a penalty
of 20 percent of the underpayment shall be assessed against the contractor or
subcontractor by the Department of Labor; and the 20 percent penalty shall be
payable to the Illinois Department of Labor.
Any underpayment that has not been repaid to a worker within 30 days of
violation is subject to an additional two percent of the underpayment as a
punitive damage assessment payable to the worker.
(i) In
accordance with 820 ILCS 130/0.01 et seq. there is an automatic two-year
debarment of any contractor or subcontractor found to have violated the
Sec. 34-129. Disqualification
for tax and fee delinquency.
(a) No
person or business entity (partnership or corporation) shall be authorized to
enter into negotiations for a contract or awarded a contract for goods or
services with the County that is delinquent in the payment of any tax
(including real estate tax) or fee administered by the County, a local
municipality, or the Illinois Department of Revenue.
(b) Prior
to initiating negotiations for any contract for goods or services, the
Purchasing Agent shall obtain an economic disclosure statement which includes
an attestation under oath from the person or business entity that none of the
taxes or fees contested, or other taxes or fees, are delinquent. The statement shall conform in substance to
the following form:
VERIFICATION
OF PAYMENT OF ALL TAXES AND FEES
(Name of Person or Entity) is (are) not (an) owner(s) or a
party responsible for the payment of any tax or fee administered by a Cook
County, by a local municipality, or by the Illinois Department of Revenue, for
which such tax or fee is delinquent. (If applicable) (Name of Person or Entity)
represents the following is a complete list of real estate owned by (person or
entity) in
(c) No
person or business entity will be prohibited from entering into a contract with
the County if the individual or entity is contesting liability for the amount
of the debt in a pending administrative or judicial proceeding, and shows proof
of the contest; or has entered into an agreement with the County, municipality,
or Illinois Department of Revenue, for the payment of all debts owed and
verifies compliance with the agreement; or should the Purchasing Agent and the
head of the requisitioning department, if applicable, or other appropriate
department head, certify in writing to the County Board that it is in the
interest of the public health, safety, or welfare of the County to enter into
such contract and that the County is unable to secure a contract that is
comparable in terms of price, quality, or quantity.
Sec. 34-130. Penalties
for Failure to
(a) Every
County contract shall contain a provision that entitles the County to set off a
portion of the contract price equal to the amount of the fines and penalties
including interest for each tax or fee delinquency and any debt owed by the
contracting party to the County.
(b) The
effect of any person or entity making a false statement under oath as to the
existence of any delinquency in taxes or fees shall be to increase the set off
provided for in subsection (a) above by 50 percent, as a penalty for such false
statement. In addition to such set off
and penalty, making a false statement under oath regarding delinquency shall be
a misdemeanor, punishable by a fine of $500.00.
(c) If
during the existence of any contract for goods or services between the County
and any person or business entity, such person or entity shall become
delinquent for nonpayment of taxes or fees administered by the County, the
County shall be entitled to set off a portion of the contract price equal to
the amount of the tax and fee delinquency, and impose a 50 percent penalty on
the amount of the delinquent tax or fee.
(d) No
set off, penalty or fine will be imposed on any person or entity except after a
hearing. Such person or entity shall be
given five days written notice of the hearing affording an opportunity to
appear and defend. The hearing shall be
held before a representative of the County appointed by the
(e) If
the County Board shall determine after such hearing that a set off, penalty or
fine should be imposed, within 15 days the Board shall state the reason or
reasons for such determination in a written order and shall serve a copy of
such order upon the person or business entity.
(f) Whenever
it shall appear from the books and records kept by the responsible County
agency that any person or entity holding any contract with the County has
failed to pay any taxes or fees, the responsible County agency shall report the
fact to the County Board, and the Board may impose a set off, penalty or fine.
(g) This
section applies to all contracts for goods or services, including personal
services; contracts which are awarded on the basis of the bidding process
described in this article; contracts which are not bid; contracts which are
awarded on the basis of Division 6 of this article; contracts which originate
under the authority of the County Purchasing Agent, and contracts which
originate from any other office or division of the County.
(h) For
the purposes of this section, "taxes or fees administered by the County
" shall mean any and all taxes or fees which are imposed or collected by
or on behalf of the County, its officials, agencies, boards, commissions or
departments, including but not limited to taxes levied on real estate, excise
taxes levied by or on behalf of the County, fees and charges imposed by
ordinance or by law which are payable to an officer, agency, board, commission
or department of the County for any filing, recordation, permit, license,
inspection, service including medical services or for any other purpose. Taxes and fees shall be construed to include
any and all interest and penalties authorized or imposed by law or by ordinance
for late payment or for nonpayment of taxes or fees.
(i) Taxes
or fees shall be considered delinquent if a claim, notice or demand for payment
has been made for such taxes or fees by or on behalf of the County, its
officers, agencies, boards, commissions or departments without timely payment,
except in those cases where authorized procedures for protesting or contesting
such taxes or fees have been timely and properly initiated and where such
protest or contest remains pending.
Sec. 34-131. Disqualification
for Non-Compliance with child support orders.
(a) For
purposes of this section, the following words and phrases shall have the
following meanings:
“Court ordered child
support arrearage” means that the Circuit Court of Cook County has issued an order
declaring the respondent in arrearage on his or her child support obligations
in a specific amount as of the date of that order or, that another Illinois
court of competent jurisdiction has issued such an order.
“Child support
withholding notice” means any income withholding notice which pursuant to the applicable
governing law, directs the payor (i) to withhold a dollar amount equal to the
order of child support, and/or (ii) to withhold a dollar amount equal to or
towards paying off any unpaid child support obligations, and/or (iii) to enroll
a child as a beneficiary of a health insurance plan and withhold or cause to be
withheld any required premiums, and also includes any order issued by the
Circuit Court of Cook County or another Illinois court of competent
jurisdiction which similarly directs the payor.
(b) No
person or substantial owner as defined in Article V, Sec. 34-367 shall be
authorized to enter into a contract or awarded a contract for supplies,
materials, equipment or contractual services with the County if such person or
substantial owner is delinquent in the payment of a court-ordered child support
arrearage.
(c) Once a contract is awarded to a person
or business entity (partnership or corporation) with a substantial owner
subject to such an order, then after notice from the County of such
noncompliance and a 30-day opportunity to cure, such delinquency shall be an
event of default under the contract with the County. The curing of any delinquency shall be
evidenced by canceled checks paid to Obligee or the official clerk’s records
that payments were received on behalf of Obligee.
(d) The Purchasing Agent or its designee
is hereby authorized to do the following:
(1) investigate the child support payment records of any contractor to
determine court ordered support arrearages; (2) investigate all contractors’
compliance with child support withholding notices; (3) provide information on
contractors to the appropriate County and State of Illinois entities, to the
extent allowed by law; to assist those offices in the enforcement of child
support obligations; (4) provide the names and business addresses of
contractors to persons seeking to enforce court ordered child support
arrearages and child support withholding notices, and their legal
representatives, to the extent allowed by law, on the condition that such
information be used solely for the purpose of assisting in child support
enforcement; provided that the names and identifying information of persons
seeking to enforce child support orders shall be deemed confidential; and (5)
to promulgate regulations relating to the operation of this section.
Sec. 34-132. Contracts
with businesses in
(a) Purpose. The Board of Commissioners desires to promote
the fair and equitable treatment of religious minorities in
(b) Adherence to MacBride Principles for
contractors with
"If
the primary contractor currently conducts any business operations in Northern
Ireland, or will conduct business during the projected duration of a County
contract, it is hereby required that the contractor shall make all reasonable
and good faith efforts to conduct any such business operations in Northern
Ireland in accordance with the MacBride Principles for Northern Ireland as
defined in Illinois Public Act 85-1390."
(c) Penalty. For those contractors which refuse to include
the above-quoted provisions in their bid contracts, the County shall assess an
eight percent penalty to the contract bid.
This penalty shall thereby increase an offending contractor's bid price
for the purpose of canvassing the bids in order to determine who is to be the
lowest responsible bidder. This penalty
shall not affect the amount of any contract payment.
(d) Exemption. The provisions of this section shall not
apply to contracts for which the County receives funds administered by the
United States government, except to the extent that Congress has directed that
funds shall not be withheld from states and localities that choose to implement
selective purchasing policies based on agreement to comply with the MacBride
Principles for Northern Ireland, or to the extent that such funds are not
otherwise withheld by the Federal government.
Sec. 34-133.
(a) Unless
the sale price is $50,000.00 or less, no surplus real estate owned by the
County shall be sold or exchanged or otherwise disposed of unless two written
independent fee appraisal reports have first been obtained and presented to the
County Board and the proposed sale or exchange has been presented to the
Committee on Finance Real Estate and Business and Economic Development
Subcommittee of the County Board. At
least one of such appraisals shall be performed by an M.A.I.-certified
appraiser. The grantee may be required
to pay the cost of such appraisals as a condition of conveyance of the real
estate proposed to be sold or exchanged or otherwise disposed of.
(b)
Unless the purchase price is $50,000.00 or less, no real estate shall be
purchased by the County unless two written independent fee appraisal reports
have first been obtained and presented to the County Board and the proposed
purchase has been presented to the Committee on Finance Real Estate and
Business and Economic Development Subcommittee of the County Board. At least one of such appraisals shall be an
M.A.I. appraisal.
(c)
If the sale or purchase price is $50,000.00 or less, only one appraisal
shall be required, which appraisal shall be performed by an M.A.I.-certified
appraiser or a State-certified general appraiser licensed by the State of
DIVISION 2. CONTRACT PROCUREMENT
Sec. 34-151. Competitive
bidding.
(a) Bids to conform to conditions in
advertisements.
(1) The
County Board will not entertain or consider any
bid:
a. Received
after the exact time for submission of bids specified in the advertisement for
bids;
b. Not
accompanied by the required certified check, bid deposit, or bid bond; or
c. Which in
any other way fails to fully comply with the terms and conditions stated in the
advertisement for bids.
(2) No
bid may be changed, amended, or supplemented in any way after the exact time
for submission of bids specified in the advertisement for bids. No certified check, bid deposit, or bid bond
may be accepted after the exact time for submission of bids specified in the advertisement
for bids.
(b) Examination and tallying of bids. All bids shall be opened and tallied at a
time predetermined by the President, who shall appoint a member of the County Board to preside and witness the conduct
of the reading and announcing in public of all bids before all who desire to
attend. The bids shall then be reported
to the County Board at the next meeting after the
opening thereof.
(c) Right to reject bids reserved. The County Board reserves the right to reject any
and all bids.
(d) Local business preference.
(1) In
this section the term "local business" means a person authorized to
transact business in this State and having a bona fide establishment for
transacting business located within the County at which it was actually
transacting business on the date when any competitive solicitation for a public
contract is first advertised or announced and further which employs the
majority of its regular, full-time work force within the County, including a
foreign corporation duly authorized to transact business in this State and
which has a bona fide establishment for transacting business located within the
County at which it was actually transacting business on the date when any
competitive solicitation for a public contract is first advertised or announced
and further which employs the majority of its regular, fulltime work force
within the County.
(2) The
Purchasing Agent shall, in the purchase of all supplies, services and
construction by competitive sealed bidding, accept the lowest bid price or
lowest evaluated bid price from a responsive or responsible local business,
provided that the bid does not exceed the lowest bid price or lowest evaluated
bid price from a responsive and responsible nonlocal business by more than two
percent.
(3) The
Purchasing Agent shall be responsible for the implementation and enforcement of
this section.
Sec. 34-151. Purchase
Procedures and Competitive bidding.
The
purchases of and contracts for supplies, materials, equipment and contractual
services and all sales of personal property which has become obsolete or
unusable shall be based on competitive sealed bids in accordance with this Sec.
34-151 and the additional procedures set forth in Sec. 34-153, or shall be
based on competitive requests for proposals or requests for qualifications as provided
in Section 34-152, unless designated as charitable donations pursuant to Sec.
153(f). No purchases, orders, or
contracts of $25,000 or more shall be made unless authorized by the County Board.
All sales of obsolete or unusable material, property, or equipment shall
be made to the highest bidder, except as provided for in Subsection 34-153.
(a)
Purchases and Contracts for $25,000
or less. Purchases and contracts for
supplies, materials, equipment and contractual services and sales of personal
property which has become obsolete or unusable and has a value of $25,000 or
less, as estimated by the Purchasing Agent, shall be made in accordance with
this subsection (a). Purchases,
excluding professional services, having a cost of $750.00 or less may be made
with "petty cash" in the open market.
All purchases greater than $750.00 and less than $25,000.00 may be made
in the open market without publication in a newspaper as provided below, but
whenever practical shall be based on at least three informal competitive bids.
(b)
Purchases and Contracts Exceeding
$25,000; Authorization to advertise for bids.
The Using Department or Elected Official shall be responsible for
requesting that the Board of Commissioners authorize the advertisement of a
competitive bid.
(c)
Purchases and Contracts Exceeding
$25,000; Advertisement for Bids. Upon authorization
from the Board of Commissioners, the Purchasing Agent shall publish the
advertisement at least once in a secular newspaper of general circulation
within
(d)
Purchases and Contracts Exceeding
$25,000; Development and approval of specifications and contract terms.
The Using Department or Elected Official shall provide to the Purchasing
Agent draft contract documents which shall include a description of the
services or supplies to be procured, any minimum bidder qualifications, a
description of the environment within which a successful bidder will be
required to perform a site inspection, cost proposal information and any other
information requested by the Purchasing Agent in order to prepare and finalize
the bid specifications and contract documents.
The Purchasing Agent may revise the draft documents prior to finalizing
and issuing the contract documents.
(e)
Purchases and Contracts Exceeding
$25,000; Pre-bid conferences. The Using
Department or Elected Official shall include the details of any pre-bid
conferences in the draft contract documents submitted to the Purchasing
Agent. Any changes to the date, time or
place of a pre-bid conference must be communicated in writing, not less than 5
business days, prior to originally scheduled Bid Opening to the Office of the
Purchasing Agent, the Purchasing Agent will issue an Addendum to all entities
or persons registered as having picked up a Bid Package by the Office of the Purchasing
Agent.
(f)
Purchases and Contracts Exceeding
$25,000; Requests for information, clarifications or exceptions to contract
documents. As provided in the Instructions to Bidders, all requests for information,
clarification or exceptions submitted by bidders must be directed in writing
only to the Purchasing Agent, not less than 5 business days prior to the Bid
Opening. Upon receipt of such a request,
the Purchasing Agent’s Office will determine if a response will be
provided. If a Using Department or
Elected Official receives a written inquiry, it shall be forwarded to the
Purchasing Agent immediately. If the
Using Department or Elected Official receives an oral inquiry, the prospective
bidder shall be referred to the Instructions to Bidders which require that all
inquiries be submitted in writing to the Purchasing Agent.
(g)
Purchases and Contracts Exceeding
$25,000; Communications with bidders during bid process.
From the time a Bid Package is made available until the recommendation
for award of the contract is approved by the Board, all communications from
bidders must be directed in writing to the Purchasing Agent. However, bidders may communicate with the
County’s Office of Contract Compliance relative to the submission of
information regarding proposed minority and women owned business enterprise
participation in the contract. All
responses to inquiries regarding the status of a bid evaluation or award shall
be provided by the Office of the Purchasing Agent in accordance with approved
procedures.
(h)
Purchases and Contracts Exceeding
$25,000; Communication between bidders. From the
time a Bid Package is made available to bidders until the recommendation for
award of the contract is approved by the Board, no bidder shall communicate
with another bidder regarding the subject matter of the procurement, with the
sole exception of communications a bidder may have with a minority or women
owned business enterprise to meet requirements of minority or women owned
business enterprise goals. Such
quotations shall not be solicited or provided in a manner that discloses or
requires the disclosure of the amount of a prospective bid.
(i)
Purchases and Contracts Exceeding
$25,000. Bids to conform to conditions in
advertisements.
(i)
(1) The
a.
Received after the exact time for
submission of bids specified in the advertisement for bids, except as may be
extended in an Addendum issued to all bidders by the Purchasing Agent;
b. Not accompanied by the required certified
check, bid deposit, or bid bond;
c.
Not accompanied by the affidavits,
certifications or economic disclosure statements required to be submitted
pursuant to this Ordinance; or
d.
Which in any other way fails to fully comply with the terms and conditions
as stated in the advertisement for bids.
(2) No
bid may be changed, amended, or supplemented in any way after the exact time
for submission of bids specified in the advertisement for bids. Any bidder that cancels, withdraws or
modifies its bid after the bid opening will result in the bidder being deemed
unqualified and will prohibit said bidder from receiving a County contract for
a period of one (1) year from the date of bid opening. No certified check, bid deposit, or bid bond
may be accepted after the exact time for submission of bids specified in the
advertisement for bids.
(j) Purchases and Contracts Exceeding
$25,000; Examination and tallying of bids. All bids shall be opened and tallied at a
time predetermined by the President, who shall appoint a member of the
(k) Purchases and Contracts Exceeding
$25,000; Evaluation of Bids.
Immediately after the Bid Opening, a post bid meeting is scheduled
wherein the Using Department and Contract Compliance reviews bids for technical
specifications and minority business enterprise/women business enterprise
requirements. Upon notification of
recommended vendor from using Department and Contract Compliance, the Office of
the Purchasing Agent prepares the pre-award bids report and posts said report
on the County’s web-site and on the bulletin board outside the Purchasing
Agent’s Office. The time intervals
required to evaluate bids are not always predictable. Bidders are responsible for monitoring the
web-site or, if they lack web access, for calling the Office of the Purchasing
Agent on Mondays after
(l) Purchases and Contracts Exceeding
$25,000; Bid protest procedure.
Any bidder who has reason to believe that the bidder identified in the
posted recommendation for award is not entitled to be awarded the contract, or
who has a complaint about the bid process, may submit a written bid protest, in
writing, directed to the Purchasing Agent.
Such protest may be submitted at any time prior to the announcement of
the recommended bidder, but no later than three (3) business days after the date upon which the recommendation for
award is posted on the County’s web-site and on the Purchasing Agent’s bulletin
board. The bid protest must state with
specificity the basis upon which the bidder believes that the recommendation
for award is erroneous, or the basis upon which the bidder believes the bid
procedure was unfair, including a statement of how the alleged unfairness
prejudiced the protesting bidder. A
bidder who could have submitted a request for exception, clarification or
information prior to bid opening but failed to do so shall not be entitled to
protest a bid on the basis of insufficient information or clarity after the
bids have been opened.
(m) Purchases and Contracts Exceeding
$25,000; The Purchasing Agent shall decide all bid protests. When a protest has been submitted, the
Purchasing Agent shall defer presentation of a recommendation for award to the
Board’s Finance Committee until the bid protest has been decided.
(n) Purchases and Contracts Exceeding
$25,000; Contract award and execution. The final recommendation for award shall be
transmitted to the Board, through its Finance Committee, for approval of the
recommendation for award and execution of a contract with the approved
bidder. The Purchasing Agent shall
ensure that all required certifications are executed and all due diligence is
performed prior to the request to award and execute the contract.
(o) Purchases and Contracts Exceeding
$25,000; Right to reject bids reserved. The
(p) Purchases and Contracts Exceeding
$25,000; Local business preference.
(1) In
this section the term "local business" means a person authorized to
transact business in this State and having a bona fide establishment for
transacting business located within the County at which it was actually
transacting business on the date when any competitive solicitation for a public
contract is first advertised or announced and further which employs the
majority of its regular, full-time work force within the County, including a
foreign corporation duly authorized to transact business in this State and
which has a bona fide establishment for transacting business located within the
County at which it was actually transacting business on the date when any
competitive solicitation for a public contract is first advertised or announced
and further which employs the majority of its regular, fulltime work force
within the County.
(2) The
Purchasing Agent shall, in the purchase of all supplies, services and
construction by competitive sealed bidding, accept the lowest bid price or
lowest evaluated bid price from a responsive or responsible local business,
provided that the bid does not exceed the lowest bid price or lowest evaluated
bid price from a responsive and responsible non-local business by more than two
percent.
(3) The
Purchasing Agent shall be responsible for the implementation and enforcement of
this section.
Sec. 34-152. Contracts not
adaptable to competitive bidding. Requests
for Proposals or Qualifications.
(a) Contracts
which by their nature are not adapted to award by competitive bidding, such as
contracts for the services of individuals possessing a high degree of
professional skill where the ability or fitness of the individual plays an
important part; contracts for printing of Finance Committee pamphlets,
controllers estimates, and departmental reports; contracts for the printing or
engraving of bonds, tax warrants and other evidence of indebtedness; contracts
for ballot cards, printing of election ballots and poll sheets, and moving of
election equipment and supplies; contracts for utility services such as water,
light, heat, telephone, or telegraph; and contracts for the purchase of
magazines, books, periodicals, and similar articles of an educational or
instructional nature, and the binding of such magazines, books, periodicals,
pamphlets, reports, and similar articles shall not be subject to the
competitive bidding requirements of this article. The Purchasing Agent is
expressly authorized to procure from any Federal, State or local government
unit or agency thereof such surplus materials, supplies, commodities, or
equipment as may be made available through the operation of any legislation
heretofore or hereinafter enacted without conforming to the competitive bidding
requirements of this article. Regular employment contracts in the County
service, whether with respect to the classified services or otherwise, shall
not be subject to the provisions of this article, nor shall this article be
applicable to the granting or issuance pursuant to posers conferred by laws,
ordinances, or resolutions or license, permits, or other authorization by the
County Board, or by departments, offices, institutions, boards, commissions,
agencies or other instrumentalities of the County, nor to contracts or
transactions, other than the sale or lease of personal property pursuant to which
the County is the recipient of money.
(b) In
addition to the specific exemptions from the competitive bidding process
contained in Subsection (a) above, there are certain contracts which may be
more advantageously or practicably procured through the development and
issuance of a request for proposal, commonly referred to as an "RFP".
The development of an effective RFP pursuant to Chapter 34, or the development
of competitive bid documents pursuant to the provisions of Section 34-151, may
in some cases involve the retention of professional consultants who are
compensated for their work product. In such cases, a conflict of interest may
arise in the event said professional consultant, acting either as an individual
or as part of the same or another business entity, subsequently participates in
the preparation of a proposal or bid which is submitted in response to the
competitive bid or RFP at issue. These professional consultants shall be
prohibited from participating in the preparation of a proposal or bid which is
submitted in response to the RFP or bid documents where the professional
consultant participated in the development of the RFP or bid documents.
(c) The
Purchasing Agent shall have the authority to adopt procedures and promulgate
rules with respect to this section.
(d) This
section shall take effect and be in force from and after its passage and is
specifically intended to shall supersede 55 ILCS 5/5-36001 (Cook County
purchasing‑‑contracts for supplies, materials and work), 55 ILCS
5/5-36004 (Cook County purchasing‑‑definitions) and 55 ILCS
5/5-36006 (Cook County purchasing competitive bids, government surplus
materials).
(a)
Contracts which by their nature are not adapted to award by competitive
bidding, such as contracts for the services of individuals possessing a high
degree of professional skill where the ability or fitness of the individual
plays an important part; contracts for printing of Finance Committee pamphlets,
controllers estimates, and departmental reports; contracts for the printing or
engraving of bonds, tax warrants and other evidence of indebtedness; contracts
for ballot cards, printing of election ballots and poll sheets, and moving of
election equipment and supplies; contracts for utility services such as water,
light, heat, telephone, or telegraph; and contracts for the purchase of
magazines, books, periodicals, and similar articles of an educational or
instructional nature, and the binding of such magazines, books, periodicals,
pamphlets, reports, and similar articles shall not be subject to the
competitive bidding requirements of Sec. 34-151.
(1)
Criteria for use of requests for
proposals or requests for qualifications.
Proposals for contracts not adaptable to competitive bidding shall be
solicited through the issuance of requests for proposals (“RFP”) or requests
for qualifications (“RFQ”) unless otherwise authorized by the Board. RFPs and RFQs are appropriate when
competitive bidding is not practicable or advantageous to the County. RFPs and/or RFQs may result in the negotiation
of a contract with one or more proposers selected as the result of an
evaluation process which includes the simultaneous consideration of multiple
evaluation factors.
(2)
Notification.
In order to issue an RFP or RFQ, the Using Department or Elected Official
must notify the Purchasing Agent in writing that it intends to issue a RFP or
RFQ.
(3)
Prescribed content of RFPs and RFQs.
All RFPs and/or RFQs shall include such forms and provisions as shall be
issued from time to time by the Office of the Purchasing Agent. These forms shall include, but not be limited
to: Instructions to Proposers; General Conditions; Cook County Certification
and Execution Forms and a Proposer Registration Form and all additional
documents as required by the Purchasing Agent.
The Using Department or Elected Official shall be responsible for
developing appropriate special conditions, a proposer questionnaire and a cost
proposal form.
(4)
Review prior to issuance.
RFPs and/or RFQs shall be submitted to the Office of the Purchasing
Agent for review prior to their issuance.
In addition to the direct transmittal of the RFP or RFQ to potential
firms or individuals, all RFPs and RFQs shall be posted on the County’s
web-site. Such posting shall be
performed by the Bureau of Information Technology and Automation upon the
request of the Office of the Purchasing Agent.
(5)
Opening of RFPs and RFQs.
The RFPs or RFQs shall be opened in the presence of one or more
witnesses after the designated date for submission. A list of firms or individuals offering
proposals or responding to RFQs shall be submitted to the Purchasing Agent
within twenty-four hours of RFP or RFQ opening.
The contents of the RFP or RFQ shall not be disclosed to competing
offerors during the process of negotiation.
Any proposer that cancels, withdraws or modifies its proposal after the
proposal due date without County approval may result in the proposer being
deemed unqualified and may prohibit said proposer from receiving a County
contract for a period of one (1) year. A
record of proposals shall be prepared and shall be open for public inspection
after contract award.
(6)
Evaluation.
The Using Department or Elected Official shall identify the factors to
be used in evaluating proposals, which information shall be set forth in the RFP.
These factors include, but are not limited to, price, experience and
qualifications of the proposer, the quality and cost effectiveness of the
proposal, and the demonstrated willingness and ability of the proposer to
satisfy the requirements of the County as described in the request. The Using Department or Elected Official
shall evaluate proposals and shall conduct any negotiations of a possible
contract with one or more proposers.
(7)
Discussions.
As provided in the RFP or RFQ, discussions may be conducted with
responsible proposers who submit proposals determined to have the greatest
likelihood of being selected for a contract for the purpose of clarifying and
assuring full understanding of and responsiveness to the County’s
requirements. Those proposers shall be
accorded fair and equal treatment with respect to any opportunity for
discussion and revision of proposals. Revisions to proposals may be permitted
after submission for the purpose of obtaining best and final proposals before a
recommendation is made to the Board of Commissioners. In conducting discussions there shall be no
disclosure of any confidential information derived from proposals submitted by
competing proposers. If information is
disclosed to any proposer, it shall be provided to all competing
proposers. Once a proposer has been
recommended to and approved by the Board of Commissioners, the Using Department
or Elected Official shall finalize the contract terms for the Board’s execution
consideration.
(8)
Recommendations.
The Using Department or Elected Official shall recommend to the Board of
Commissioners that the County enter into a contract with the responsible
proposer whose proposal or qualifications is determined in writing by such
Using Department or Elected Official to be the most advantageous to the County,
taking into consideration price, qualifications and the evaluation factors set
forth in the request for proposals. The Using Department or Elected Official
shall document the results of its evaluation and the reasons for its
recommendation to the Purchasing Agent.
The Using Department or Elected Official shall be responsible for
requesting that the Board of Commissioners authorize a contract with the
recommended proposer. The authorization
of the Board of Commissioners to enter into a contract shall not result in a
contract unless and until the Board has authorized the execution of the final
contract documents upon the request of the Purchasing Agent. The Purchasing Agent’s request to the Board
for contract execution shall be subject to the proposed contractor’s compliance
with all applicable laws and County procedures and to the Purchasing Agent’s
review of the subject contract.
(b)
The Purchasing Agent is expressly authorized to procure from any
Federal, State or local government unit or agency thereof such surplus
materials, supplies, commodities, or equipment as may be made available through
the operation of any legislation heretofore or hereinafter enacted and to enter
into cooperative educational agreements with not-for-profit universities and
hospitals without conforming to the competitive bidding requirements of this
article. Regular employment contracts in
the County service, whether with respect to the classified services or otherwise,
shall not be subject to the provisions of this article, nor shall this article
be applicable to the granting or issuance pursuant to powers conferred by laws,
ordinances, or resolutions or license, permits, or other authorization by the
County Board, or by departments, offices, institutions, boards, commissions,
agencies or other instrumentalities of the County, nor to contracts or
transactions, other than the sale or lease of personal property pursuant to
which the County is the recipient of money.
(c) This
section shall take effect and be in force from and after its passage and is
specifically intended to supersede 55 ILCS 5/5-36001 (
Sec. 34-153. Equipment
pPurchase procedure Charitable Donation of Assets.
(a) Purchases exceeding $25,000.00. The
purchases of and contracts for supplies, materials, equipment and contractual services
and all sales of personal property, equipment or other property which has
become obsolete or unusable shall be based on competitive bids, except as
provided in Subsection (f) of this section. If the amount involved is estimated
to exceed $25,000.00, sealed bids shall be solicited by public notice inserted
at least once in a newspaper of County-wide circulation and at least five
calendar days before the final date of submitting bids as
well as advertisement on the County’s web-site and by posting notices on a
public bulletin board in Office of the Purchasing Agent.
Such notices shall include a general description of the commodities or
contractual services to be purchased or personal property, equipment or other
property to be sold and shall state where all blanks and specifications may be
obtained and the time and place for the opening of bids. The County Purchasing
Agent may also solicit sealed bids by sending requests by mail to prospective
suppliers and by posting notices on a public bulletin board in the Purchasing
Agent's office. After July 1st, 2007, the Purchasing Agent shall implement an electronic
procurement procedure in an effort to create greater efficiency and reduce
cost.
(b) Purchases of $750.00 or less. Purchases,
excluding professional services, having a cost of $750.00 or less may be made
with "petty cash" in the open market.
(c) Purchases greater than $750.00 and less than
$25,000.00. All purchases greater than $750.00 and less than $25,000.00 may
be made in the open market without publication in a newspaper as above
provided, but whenever practical shall be based on at least three competitive
bids.
(d) Authorization for purchases over $25,000.00.
No purchases, orders or contracts of $25,000.00 or more shall be made unless
authorized by the County Board. All sales of obsolete or unusable
material, property, or equipment shall be made to the highest bidder, except as
provided for in Subsection (f) of this section.
(e) Determination of award. All purchases,
orders, or contracts shall be awarded to the lowest responsible bidder, taking
into consideration the qualities of the articles supplied, their conformity
with the specifications, their suitability to the requirements of the County
and the delivery terms. In the determination of the award to the lowest
responsible bidder, nothing herein shall be interpreted to preclude an award to
a bidder other than the lowest actual bidder if such an award is made in
furtherance of affirmative action policies adopted by the County Purchasing Agent
for the promotion of nondiscriminatory hiring practices and equal employment
opportunity. Provided, however, that the
award of all contracts shall be responsible and reasonable. Any bid may be rejected and new bids may be
solicited if the public interest is served thereby. Each bid, with the name of the bidder, shall
be entered on a record, which record with the successful bid indicated thereon
shall, after the award of the purchase or order or contract, be open to public
inspection. A copy of all contracts shall be filed with the County Comptroller and with the County Purchasing
Agent.
(f) Distribution of assets.
(1) Notwithstanding
the provisions of Subsections (a)-(e) of this section, the County Board
reserves the right to designate certain unusable, surplus and/or obsolete
personal property, equipment or other property (hereinafter referred to
collectively as "assets") for distribution as charitable donations.
Assets may be designated for distribution as charitable donations, if:
a. A
determination has been made that the assets are not needed by any department or
division of the County;
b. The
assets are of a type that would provide a beneficial service in either the
medical or education fields to a another entity; and
c. The
recipient of the assets is a legitimate nonprofit organization, local or
foreign governmental entity.
(2) The
assets shall be transferred by an appropriate instrument of transfer, which
shall include:
a. A
provision that requires the recipient to use the property in a manner that
primarily promotes the implementation or improvement of medical or educational
services available to the public; and
b. A
provision that indicates that ownership of the assets automatically reverts to
the County if the entity at any time fails to use the property in that manner.
The responsibility for determining
the recipient of the donation, pursuant to the above guidelines shall reside in
the Office of the President of the County Board, with approval by the County Board.
The
The assets shall be transferred by
an appropriate instrument of transfer, which shall include: a provision that requires the recipient to
use the property in a manner that primarily promotes the implementation or
improvement of medical or educational services available to the public; and a
provision that indicates that ownership of the assets automatically reverts to
the County if the entity at any time fails to use the property in that manner.
The
responsibility for determining the recipient of the donation, pursuant to the
above guidelines shall reside in the Office of the President of the
Sec. 34-154. Contracts for
consulting and auditing services.
(a) The
County will not knowingly enter into any contract for auditing services, nor
shall it consent to a subcontract for the County for such auditing services,
with any party, if such party, or any affiliate of such party, has a contract
or subcontract for consulting services for or with the County. Additionally,
the County will not knowingly enter into any contract for consulting services,
nor shall it consent to a subcontract for such consulting services, with any
party, if such party, or any affiliate of such party, has a contract or
subcontract for auditing services for or with the County. For purposes of this
provision, "County" shall refer only to offices which are administered
by the President of the
(b) The
County shall not knowingly enter into any contract for consulting services on
behalf of an elected official, nor shall it consent to a subcontract for such
consulting services on behalf of an elected official, with any party, if such
party, or any affiliate of such party, has a contract or subcontract to provide
auditing services for or which include the elected official. For purposes of
this provision section, "elected officials" shall refer to the County
Sheriff, the County Clerk, the County Treasurer, the County Recorder of Deeds,
the County Assessor, the County Board of Review, Clerk of the Circuit Court of
Cook County, the State's Attorney of Cook County and the Office of the Chief
Judge of the Circuit Court of Cook County.
(c) The
terms used in this section shall have the meanings set forth below:
Affiliate
means any party that controls or is controlled by another party, by
shareholdings, membership, ownership or other means of control or power
including, but not limited to, a subsidiary, parent or sibling corporation. The
term "affiliate" also includes any party that directly or indirectly
controls or, is under common control with the specified party. A party shall be
deemed to control if such party has the power to directly or indirectly affect
the management or the policies of the other through ownership of voting
securities, voting rights, by contract or otherwise.
Auditing services means the formal examination of accounting records, financial
statements or compliance with some other set of financial standards in
accordance with auditing standards generally accepted in the United States
which functions are generally exclusively performed or supervised by
individuals or business organizations licensed and authorized to do business as
public accountants in the State. The term "auditing services" shall
also include any independent reports and management recommendations derived or
resulting from the performance of auditing services and which reports and
recommendations are included within the scope of the contract for auditing
services.
Consulting services means the rendering of analysis and advice requiring specialized
expertise in a particular subject area or field. Such expertise may have been
gained by education or experience in the area or field. The term
"consulting services" expressly excludes auditing services.
Party means
any individual, corporation, partnership, joint venture, trust, association,
limited liability company, unincorporated business, individually owned
business, sole proprietorship or similar type of organization or association.
(d) This
section shall not apply to any contracts or subcontracts authorized prior to
the effective date of the ordinance from which this section is derived.
(e) The
Purchasing Agent shall require the contractor in each contract to provide
auditing or consulting services for the County (as defined in this section) to
provide a certification acceptable to the Purchasing Agent that neither the
contractor nor any affiliate of the contractor has a contract or a subcontract
to provide consulting or auditing services for the County which is prohibited
under Subsection (a) of this section. In addition, the Purchasing Agent shall
require the contractor in each contract to provide consulting services for an
elected official to provide a certification acceptable to the Purchasing Agent
that neither the contractor nor any affiliate of the contractor has a contract
or a subcontract to provide auditing services for or which include the elected
official which is prohibited under Subsection (b) of this section.
Sec. 34-155. Percentage
of work of construction projects to be performed by County residents.
For
any construction project advertised, or if not advertised, awarded, after the
effective date of Ordinance Number 97-O-08 having an estimated contract value
of $100,000.00 or more, funded solely with County funds, and where not otherwise
prohibited by Federal or State law, the total hours worked by persons on the
site of the construction project by employees of the contractor and
subcontractors shall be performed at least 50 percent by actual residents of
the County. The Purchasing Agent shall be responsible for the implementation
and enforcement of this section.
Sec. 34-155. Sole
source procurements.
Contracts
may be awarded without use of the specified method of competitive selection
when the contract requires a contractor with a specialized skill or service or
there is only one economically feasible source for the item or services. Sole source contracts must be indicated
clearly and certified as sole source by both the Using Department or Elected
Official and Purchasing Agent prior to Board approval.
Sec. 34-156. Preference
to citizens on public works projects.
The
Purchasing Agent shall specify in the call for bids in any contract for public
works that such contractors bidding on public works contracts of the County
shall conform to the Public Works Preference Act (30 ILCS 560/0.01 et
seq.). The Purchasing Agent in awarding
the contract shall cause to be inserted in the contract a stipulation to the
effect that the contractor shall conform to such Act.
Sec. 34-156. Emergency
purchases.
The
Purchasing Agent may make emergency procurements without competitive sealed
bidding or an RFP or RFQ process or without prior approval of the Board when
there exists a threat to public health or public safety, or when immediate
expenditure is necessary for repairs to County property in order to protect
against further loss of or damage to County property, to prevent, or minimize
serious disruption in County services, or to ensure the integrity of County
records. Emergency procurements shall be
made with as much competition as is practicable under the circumstances. A written description of the basis for the
emergency and reasons for the selection of the particular contractor or
provider shall be included in the contract file. Said emergency purchases shall be
communicated to the Board within five (5) business days of procuring said
emergency purchases.
Sec. 34-157. Percentage
of work of construction projects to be performed by County residents.
For
any construction project advertised, or if not advertised, awarded, after the
effective date of Ordinance Number 97-O-08 having an estimated contract value
of $100,000.00 or more, funded solely with County funds, and where not
otherwise prohibited by Federal or State law, the total hours worked by persons
on the site of the construction project by employees of the contractor and
subcontractors shall be performed at least 50 percent by actual residents of
the County. The Purchasing Agent shall
be responsible for the implementation and enforcement of this section.
Sec. 34-158. Preference
to citizens on public works projects.
The
Purchasing Agent shall specify in the call for bids for any contract for public
works that contractors bidding on public works contracts of the County shall
conform to the Public Works Preference Act (30 ILCS 560/0.01 et seq.). The Purchasing Agent in awarding the contract
shall cause to be inserted in any contract for public works a stipulation to
the effect that the contractor shall conform to such Act.
DIVISION 3. SELECTION OF BOND
COUNSEL AND BOND UNDERWRITERS
Sec. 34-181. Goals of division.
The
selection procedures set forth in this division are intended to promote the
following goals:
(1) To
produce high quality cost-effective professional services from qualified
providers of services;
(2) To
be competitive on the merits, and open to public scrutiny and review; and
(3) To
give appropriate consideration to Cook County-based vendors and those with
significant minority or female ownership, consistent with the County's Minority
Business Enterprises Ordinance.
Sec. 34-182. Definitions.
The
following words, terms and phrases, when used in this division shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
Co-managers means underwriting firms
responsible for participating in the underwriting and the marketing of the
bonds.
Senior
managers means
underwriting firms responsible for assisting with the development of the
financial plan and managing the underwriting and the marketing of the bonds.
Sec. 34-183. Competitive process
for negotiated bond sales.
(a) For
the purpose of the selection process on negotiated bond sales, the Chief
Financial Officer shall issue a request for proposals ("RFP") to all
potential underwriters and co-managers at least once every two years or as
otherwise directed by the President.
Issuance of said RFP shall conform to the requirements dictated in Sec.
34-152.
(b) The
RFP shall elicit general information in the following areas:
(1) Experience
and expertise in structuring and marketing bonds and notes, detailing
experience with various types of issuances, including general obligation bonds,
revenue bonds and tax anticipation notes.
(2) Financial
strength of the firm, particularly its capital allocated to underwriting
governmental bonds.
(3) Degree
of corporate investment or "presence" in the County and State,
including the location of corporate offices, brokerage offices, or back-office
operations.
(4) Proportion
of minority or female ownership of the firm.
(5) Written
policies of the firm regarding sexual harassment.
(6) Such
other information items as the Chief Financial Officer may find appropriate.
(c) Specific
transaction. Responding firms shall be requested to provide information in the
following areas:
(1) Specific
information about financial ideas for any specific transactions described in
the RFP.
(2) A
recommended strategy for identifying and targeting purchasers of the bonds.
(3) Proposed
fees for any specific bond transactions described in the RFP.
(4) Case
examples of similar financings on which the firm has been senior manager or
co-manager.
(d) Selection
of the senior managers and co-managers shall be made by the President, upon the
recommendation of the Chief Financial Officer, and shall be submitted to the
(1) The
applicable skills needed for each transaction;
(2) Past
performance on County issues; and
(3) A
rotation designed to give each firm a fair opportunity to participate, and
other relevant factors. The responses to
the RFP shall be available for review by members of the Board of Commissioners. The President shall report to the
Sec. 34-184. Report of
underwriters.
There
shall be included in each bond purchase agreement between the County and
underwriters a provision that:
(1) The
underwriter agrees to use its best efforts to assure that the County meets its
objectives in the fair and reasonable allocation of bond selling commissions to
members of the underwriting syndicate, particularly to Cook County and
minority- and women-owned firms;
(2) The
allocation of bond selling commissions and fees received by each member of the
underwriting syndicate shall be reported to the Chief Financial Officer within
30 days of closing of the bond issue; and
(3) The
underwriter shall comply with all limitations or disclosure requirements
concerning political contributions that are or may be imposed by the Municipal
Securities Regulatory Board or the Securities and Exchange Commission. Failure by the underwriter to comply with
this provision shall not void the sale, but shall constitute a basis for the
Chief Financial Officer to remove the underwriter from the list of firms
solicited for RFPs or eligible for participation in County debt issuances for a
period of two years from the date of violation.
Sec. 34-185. Bond
counsel.
(a) A
request for qualifications ("RFQ") shall be sent out by the Chief
Financial Officer at least once every two years or as otherwise directed by
the President. The RFQ shall elicit,
among other things, descriptive information about each firm, the experience of
the attorneys within the firm having expertise in the areas of municipal
finance law or Federal tax law pertaining to tax-exempt bonds and other special
areas of expertise or strength. A
"qualified" list shall be developed by the Chief Financial Officer
for each type of financing. The
issuance of said RFQ shall conform to the requirements dictated in Sec. 34-152.
(b) For
each bond sale or for multiple bond sales, whether negotiated or competitively
bid, the Chief Financial Officer shall select three or more firms from the
qualified list to be considered for inclusion in the bond issue or issues in
question as either bond counsel, co-bond counsel or special tax counsel. The Chief Financial Officer shall request that
each of the firms under consideration submit its fees for the anticipated
work. The Chief Financial Officer shall
consider the following criteria: overall experience and expertise, experience
with the particular type of financing, experience with tax issues, knowledge of
the County, the number of partners specializing in municipal securities work,
the proposed fees, degree of presence in the County and State and the
proportion of minority or female ownership of the firm. The Chief Financial Officer may set other
conditions or request other information as well. Selection of the bond counsel shall be made
by the President, upon the recommendation of the Chief Financial Officer, and
shall be submitted to the
DIVISION 4. DISQUALIFICATION OF
CONTRACTORS AND PENALTIES
Sec. 34-211. Business entity
defined.
The
term "business entity" as used in this division and in Section 34-216
means a corporation, partnership, trust, association, unincorporated business
or individually owned business.
Sec. 34-212. Bribery conviction.
(a) No
person or business entity shall be awarded a contract or subcontract, for a
period of three years, if that person or business entity:
(1) Has
been convicted of bribery or attempting to bribe an officer or employee of a
unit of government in that officer or employee's official capacity; or
(2) Has
made an admission of guilt of such conduct which is a matter of record but has
not been prosecuted for such conduct.
(b) For
purposes of the section, where an official, agent, or employee of a business
entity committed the bribery or attempted bribery on behalf of such an entity
and pursuant to the direction or authorization of an officer, director or other
responsible official thereof, the business entity shall not be awarded a
contract.
Sec. 34-213. Persons and entities
subject to disqualification.
No
person or business entity shall be awarded a contract or subcontract, for a
period of five years from the date of conviction or entry of a plea or
admission of guilt, if that person or business entity:
(1) Has
been convicted of an act committed, within the State, of bribery or attempting
to bribe an officer or employee of a unit of State or local government or
school district in the State in that officer's or employee's official capacity.
(2) Has
been convicted of an act committed, within the State, of bid-rigging or
attempting to rig bids as defined in the Sherman Anti-Trust Act and Clayton Act. 15 U.S.C. § 1 et seq.
(3) Has
been convicted of bid-rigging or attempting to rig bids under the laws of the
State.
(4) Has
been convicted of an act committed, within the State, of price-fixing or
attempting to fix prices as defined by the Sherman Anti-Trust Act and Clayton
Act. 15 U.S.C. § 1 et seq.
(5) Has
been convicted of price-fixing or attempting to fix prices under the laws of
the State.
(6) Has
been convicted of defrauding or attempting to defraud any unit of State or
local government or school district within the State.
(7) Has
made an admission of guilt of such conduct as set forth in Subsections (1)
through (6) of this section which admission is a matter of record, whether or
not such person or business entity was subject to prosecution for the offense
or offenses admitted to.
(8) Has
entered a plea of nolo contendere to charge of bribery, price-fixing,
bid-rigging, or fraud, as set forth in Subsections (1) through (6) of this
section.
Sec. 34-214. Business entity
disqualification due to conduct of owner, partner, etc.
(a) Business
entities shall be disqualified as set forth within this division if any owner,
partner, or shareholder controls, directly or indirectly, 20 percent or more of
the business, or is an officer of the business entity and falls within any
provisions of Section 2-883.
(b) Any
contract or subcontract found to have been awarded in violation of Sections
34-212, 34-216, 34-217 or 34-218 shall be voidable at the discretion of the
Sec. 34-215. Disqualification due
to a contract terminated for cause prior default or termination.
(a) No
person or business entity shall be awarded a contract or subcontract if that
person or business entity has had an awarded contract terminated for cause by
the
(b) Persons
or business entities may apply to the
(1) There
has been a bona fide change in ownership or control of the business entity;
(2) Disciplinary
action has been taken against the person responsible for the acts giving rise
to the ineligibility;
(3) Remedial
action has been taken to prevent a recurrence of the acts giving rise to the
ineligibility; or
(4) The
(c) At
the request of a County department head, the
(d) The
determination to reduce or waive the period of ineligibility, or to suspend
ineligibility for a specific contract, shall be made in writing and shall
specify the reasons for the decision.
(e) In
addition to the ineligibility provided in this Section, the Purchasing Agent
may reject a specific bid or proposal, or a subcontractor proposed to be used
in connection with that bid or proposal, submitted by any person or business
entity if that person or business entity is in arrears upon any debt to the
County or is in default of any Contract with the County, or is a defaulter, as
surety or otherwise upon any obligation to the County, or is otherwise
prohibited by law or Ordinance from entering into the Contract. In addition, the Purchasing Agent may reject
a bid or proposal, or a subcontractor proposed to be used in connection with
that bid or proposal, submitted by any person or business entity deemed
unqualified due to insufficient or unsatisfactory history of creditworthiness
or experience in performing other contracts, including those involving the
types of responsibilities required under the Contract Documents.
Sec. 34-216. Offering gift to
induce others not to bid; Bribe offer to government employee; Willful
violation of the County Inspector General Ordinance.
(a) No
person or business entity shall be awarded a contract or subcontract if that
person or business entity offers or pays any money or other valuable thing to
any person or business entity to induce such person or business entity not to
bid for a County contract or as recompense for such person or business entity
not having bid on such a contract.
(b) No
business shall be awarded a contract or subcontract if the business entity has
knowledge that an officer or director thereof, has within the three years
preceding award of the contract:
(1) Been
convicted of bribery or attempting to bribe an officer or employee of a unit of
government in that officer or employee's official capacity; or
(2)
Made
an admission of guilt of such conduct which is a matter of record but has not
been prosecuted for such conduct.
(c) No
person or business entity shall be awarded a contract or subcontract if that
person or business entity has willfully violated within the two years preceding
award of the Contract, the Cook County Inspector General Ordinance as detailed
in Chapter 2, Article IV, Division 5.
Sec. 34-217. Disqualification
procedure.
(a) When
information shall come to the attention of the Purchasing Agent of the County
that a person or business entity has been convicted, made an admission of guilt
or plea of nolo contendere or otherwise falls within Sections 34-213(1) through
(8), the Purchasing Agent shall send a notice of hearing to the person or
business entity by certified mail, return receipt requested. The notice shall advise the person or
business entity that an administrative hearing will be held at the specified
time and place for the purpose of determining whether or not that person or
business entity should be disqualified pursuant to this division. The hearing officer will be the Purchasing
Agent or other person designated by the President of the
(b) Evidence
will be limited to the factual issues raised by the notice. Persons with
relevant information will testify under oath before a certified reporter. The hearing officer may refuse to hear
cumulative evidence and will moderate the hearing. Strict rules of evidence will not apply to
the proceedings but the hearing officer will strive to elicit the facts fully
and in credible form. The affected person or business entity may be represented
by an attorney.
(c) At
the conclusion of the testimony the hearing officer will make a finding of
whether or not the person or business entity falls within this article based
upon a greater weight of the evidence.
Disqualification shall be ordered upon a finding that the person or
business entity falls within any provision of Section 34-213. The hearing officer will mail a written copy
of the finding to the person or business entity affected by certified mail,
return receipt requested.
(d) A
person or business entity disqualified by the hearing officer may appeal such
finding to a Review Board nominated by the President of the
(e) The
Review Board will review the written record, tangible evidence, the hearing
officer's finding and the written exceptions and will expeditiously vote to
recommend affirmance or reversal of the hearing officer's finding to the
Sec. 34-218. Bid specifications.
Specifications
for all bids shall contain the information contained in Sections 34-213 and
34-214 and bidders shall certify that they have read the information contained
in such sections and are not in violation thereof.
Sec. 34-219. Affidavit.
For
the purposes of this division the Purchasing Agent shall require as part of the
bidding documents an affidavit from each person or business entity that they
are not under the provisions as set forth in Sections 34-212 and 34-216.
Sec. 34-220. Removal of organized
crime figures from approved bidders' list.
(a) All
persons and business enterprises listed in the Chicago Crime Commission booklet
The
(b) All
persons and business enterprises listed in the Chicago Crime Commission booklet
Part II, and Part III, Spotlight On
Legitimate Business And The Hoods are stricken from the list of approved
bidders for
Sec.
34-221. False statements.
Any person who knowingly makes a
false statement of material fact to Cook County in violation of any statute,
ordinance or regulation, or who knowingly falsifies any statement of material
fact made in connection with an application, report, affidavit, oath, or
attestation, including a statement of material fact made in connection with a
bid, proposal, contract or economic disclosure statement or affidavit, is
liable to the county for a penalty of $500.00.
Additionally, all county contracts shall provide for up to three times
the amount of damages which the county sustains because of the person's
violation of this section and the county’s litigation and collection costs and
attorney's fees.
The penalties imposed by this
section shall be in addition to any other penalty provided for in the
This Ordinance shall take effect and be in force upon enactment.
*****
Commissioner Suffredin
requested that Ms. Lechowicz Felicione, Special Counsel to the President,
clarify the provisions of the proposed Substitute Ordinance.
Ms. Lechowicz
Felicione provided the following explanatory remarks: This Substitute Ordinance provides for
requirements that all potential bidders and proposers certify that they have
paid all municipal and state taxes and that they have a certificate of good
standing with the State of
Commissioner Murphy asked whether the living wage is
provided for in this Substitute Ordinance.
Ms. Lechowicz Felicione responded that the new living wage
which was recently submitted by Commissioner Maldonado and approved by the
Board is included in the Substitute Ordinance.
Commissioner Quigley inquired how vendors who have performed
at less than peak level or are somehow problematic (e.g. didn’t pay their
subcontractors) are treated under this Substitute Ordinance.
Ms. Lechowicz Felicione replied that this would constitute a
failure to perform and would result in a default on the contract.
Chairman Daley inquired as to the status of an individual
who has been disqualified but afterwards forms a new company.
Ms. Lechowicz Felicione replied that if a new contractual entity
is formed, it wouldn’t possess an automatic default status. She requested that Carmen Triche-Colvin,
County Purchasing Agent, provide further detail.
Ms. Triche-Colvin stated:
The economic disclosure form (EDF) asks whether an individual has defaulted
on any contract. Upon learning this, the
Purchasing Department would recommend that the company not be awarded the
contract.
Commissioner Silvestri inquired whether there are provisions
for any of the following: failure to
comply with occupational health and safety laws, minimum wage laws and labor
laws; being in debt to the County.
Ms. Triche-Colvin replied that all of these provisions are
covered in the economic disclosure form; fraud and other crimes (as well as any
ongoing investigation by the State or Federal government) are accounted for as
well.
Commissioner Collins voiced concern over the number of
contracts that the Board awards to out-of-State entities, and that provisions
she introduced to curb this are not being complied with.
Ms. Triche replied that the Local Business Preference
Ordinance is enforced, but only applies to those entities within
Commissioner Gorman inquired as to the request for proposal
(RFP), and request for qualifications (RFQ) process.
Ms. Lechowicz Felicione stated a template is being drafted
by the Purchasing Department that will be used countywide. It defines the process, the conduct of the
evaluation process, and ensures it is posted on the County’s website. Once the using department has made a
selection, the recommendation will be brought to the
Commissioner Peraica was assured the debarment period for
default or termination of a vendor was not changed from the original
ordinance. In response to Commissioner
Peraica’s inquiry as to whether there is justification to have a
differentiation in terms of the amount of time that a vendor is prohibited from
doing business with the County, Mr. Driscoll replied there can be
differentials, and that it is a policy question.
Commissioner Murphy indicated that future amendments to this
ordinance should be considered which relate to providing vendors from the state
of Illinois the same two percent local business preference as Cook County
vendors; and increasing the threshold from $25,000 to $50,000.
Leave was granted to add all commissioners as co-sponsors of
the Substitute Ordinance Amendment.
Commissioner
Suffredin, seconded by Commissioner Quigley, moved that the Substitute
Ordinance Amendment for Communication Number 285682 be approved and
adopted. The motion carried.
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285945 |
PROPOSED INTERGOVERNMENTAL AGREEMENT BETWEEN THE FOREST
PRESERVE DISTRICT OF The Board of Commissioners for the Forest Preserve
District of Cook County through its FY 2007 budget process requested the
Forest Preserve District to enter into an Intergovernmental Agreement with Pursuant to direction from President Todd H. Stroger,
representatives of the County as well as the District have met on several
occasions to discuss the merger of the District's Human Resources Department
with the County's Bureau of Human Resources.
As a result of said discussions, the County agrees that both parties
will benefit by working together to unify the human resource functions as
well as sharing in operation costs. The Cook County Bureau of Human Resources hereby requests
authorization for It is hereby requested that the Intergovernmental
Agreement be sent to the Finance Committee for further discussion. *Referred to the
Committee on Finance on |
Commissioner Suffredin inquired of
Kim David Gilmore, Chief, Bureau of Human Resources, how the merging of human
resources functions between the County and the Forest Preserve District is
proceeding. Mr. Gilmore replied the
Forest Preserve District’s human resource function has been consolidated with
the County’s. He noted that one (1)
Director and two (2) support staff remain on the Forest Preserve District
payroll.
Commissioner Schneider inquired as
to what head count reduction has been achieved in this merger. Mr. Gilmore responded approximately
Commissioner Suffredin inquired as
to the resulting cost savings of the consolidation. The Chief Financial Officer of the Forest
Preserve District, Marlow Kemp, will provide this information.
Commissioner Suffredin requested
that in six to nine months Mr. Gilmore provide a status report of the
consolidation. He added that while he
would not suggest amending the item, he recommended that the Board pass a
subsequent resolution in which the Board formally requests a report in order to
demonstrate the ongoing performance of the Intergovernmental Agreement.
Commissioner Silvestri requested
that Mr. Gilmore include in his six-to-nine month status report the original
head count of each division, and the current head count.
Mr. Gilmore agreed to provide a
status report as requested.
In
response to Commissioner Butler’s questions regarding the Shakman decree, Mr.
Driscoll replied the Forest Preserve District is bound by the prior Shakman
decree. It is not currently a party to
the most recent amendments to the decree that the County entered into, but it
certainly could voluntarily comply with those.
Mr. Driscoll concluded by stating the Forest Preserve District still has
to comply with the prior Shakman decree regarding the prohibition on political
hiring and discrimination.
Commissioner Peraica inquired
whether there is any ongoing audit function regarding the Bureau of Human
Resources.
Laura Lechowicz Felicione, Special
Counsel to the President, clarified that the Shakman certification forms that
are part of the County’s interview and hiring process are available to the
Compliance Administrator to ascertain that the forms are being correctly filled
out.
In response to Vice Chairman Sims’
question regarding the purpose of the intergovernmental agreement, Ms.
Lechowicz Felicione clarified that under the intergovernmental agreement the
Forest Preserve District staff and the County staff work together as one unit,
achieving, among other things, staff reduction.
Vice Chairman Sims inquired whether
the staff is cross-trained.