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Amendments to the County Code of Ordinances Concerning Contractual Services.

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Date Introduced: 6/3/2008
Date Passed:
7/1/2008

Sponsors:
Claypool, Quigley, Schneider, Suffredin
Co-Sponsors:
Daley, Gorman, Goslin, Peraica, Silvestri

Summary:

Ordinance to require Board approval for professional and managerial services contracts above $25,000.  (Was previously above $100,000.)


Activity Log:

6/3/2008
Referred to Committee on Finance.
7/1/2008
Amended in Committee (technical clarifications).
7/1/2008
Co-sponsors added.

Full Text of Legislation:

AMENDMENT TO COMMUNICATION NO. 294367

 

AMENDMENTS TO CHAPTER 1 GENERAL PROVISIONS, AND

ARTICLE IV, PROCUREMENT AND CONTRACTS

OF THE COOK COUNTY CODE

CONCERNING CONTRACTUAL SERVICES

 

BE IT ORDAINED, by the Cook County Board of Commissioners that Chapter 1 General Provisions, Section 1-3, and Chapter 34 Finance, Article IV Procurement and Contracts, Division 1 Generally, Sections 34-121, 34-125 and 34-151 of the Cook County Code are hereby amended as follows:

 

CHAPTER 1   GENERAL PROVISIONS

 

Sec. 1-3          Definitions and rules of construction

 

Department.    The term "Department" means a department which is a part of the government of the County of Cook, Illinois and shall include an agency which is a part of the government of the County of Cook, IllinoisHowever, for the purposes of Chapter 34, Article IV, the term “Department” means one of the entries listed in the Index of Departments contained in the Annual Appropriation Bill.

 

            Professional and managerial services.  The term “professional and managerial services” means a contract that falls under the budgetary accounting codes of 260 - Professional and Managerial Services, 261 - Legal Fees Regarding Labor Matters, 262 - Legal Fees in Connection with Issuance of Tax Notes, 263 - Legal Fees, or 272 - Medical Consultation Services.

 

ARTICLE IV.  PROCUREMENT AND CONTRACTS

 

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 $100,000.00 or more 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 services for Cook County, including the separately elected Officials, which involve an expenditure of less than $100,000.00 shall be approved by the Purchasing Agent; however, all contracts for supplies, materials and equipment and contractual services for Cook County, including the separately elected Officials, shall also require Board approval in circumstances where the aggregate of expenditures by a Department within the County, or any separately elected official, to the same vendor for the same, or substantially the same, supplies, materials, or equipment or contractual services within the same fiscal year equal a sum of $100,000.00 or more.

 

All contracts for contractual professional and managerial services for the County of Cook shall be let as provided in this Article IV.  All contracts for contractual services for Cook County, including the separately elected Officials, which involve an expenditure of $25,000 or more 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 contractual professional and managerial services for Cook County, including the separately elected Officials, which involve an expenditure of less than $25,000 shall be approved by the Purchasing Agent; however, all contracts for contractual services for Cook County, including the separately elected Officials, shall also require Board approval in circumstances where the aggregate of expenditures by a Department within the County, or any separately elected official, to the same vendor for the same, or substantially the same contractual services within the same fiscal year equal a sum of $25,000.00 or more.

 

Sec. 34-125.   No delegation of power to act for expenditure of $100,000.00 or more.

 

No officer of the County, or other person, shall incur any indebtedness on behalf of the County unless first authorized by the County Board; provided, however, that the Purchasing Agent shall have the authority to approve purchases of supplies, materials and equipment in an amount less than $100,000.00 without Board approval or contracts for contractual professional and managerial services in an amount less than $25,000 without Board approval.  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 in the amount of $100,000.00 or more 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 County Board for purchases of supplies, materials and equipment, in the amount of $100,000.00 or more or for contracts for contractual professional and managerial services in the amount of $25,000 or more unless such appropriation shall have been authorized by a vote of the majority of the members elected to the County Board.

 

DIVISION 2.  CONTRACT PROCUREMENT

 

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 Section 34-151 and the additional procedures set forth in Section 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 Subsection 34-153(f).  No purchases, orders, or contracts of $100,000.00 or more or contracts for contractual professional and managerial services 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 Section 34-153.  Notwithstanding the foregoing, if a governmental agency similar in size or larger than the County has awarded a bid to a vendor for the same or similar supplies, materials, equipment or contractual services as that sought by the County, the Purchasing Agent, in his or her discretion, is authorized to purchase the supplies, materials, equipment or contractual services from that vendor at the awarded bid price without having to issue a bid for the supplies, materials, equipment or contractual services as provided in this Section 34-151.

 

(a)        Purchases and Contracts of less than $100,000.00 or contracts for contractual professional and managerial services of less than $25,000. Purchases and contracts for supplies, materials, and equipment and contractual services and sales of personal property which has become obsolete or unusable and has a value of less than $100,000.00, or contracts for contractual professional and managerial services that has a value of less than $25,000 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 $100,000.00 may be made by competitive quotations on the open market without publication in a newspaper as provided below, but whenever practical shall be based on at least three such quotations.

 

(b)        Purchases and Contracts of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; Authorization to advertise for bids.  The Department shall be responsible for requesting that the Board of Commissioners authorize the advertisement of a competitive bid.

 

(c)        Purchases and Contracts of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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 Cook County and at least five calendar days before the final date of submitting bids.  Purchasing shall also post notification of the competitive bid on the Purchasing Agent's page of Cook County's web-site, located at www.cookCountygov/purchasing.com and on the Purchasing Office bulletin board in accordance with the provisions of Subsection 34-153(a).  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 send requests by mail to prospective suppliers.

 

(d)        Purchases and Contracts of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; Development and approval of specifications and contract terms.  The Department 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; Pre-bid conferences.  The Department 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 five 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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 five 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 Department 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more.  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, 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 article; 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 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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.  If it is evident that only one qualified bid has been submitted with respect to a particular contract, no bid envelope is opened and any sealed bid(s) shall be returned to the bidder(s) via certified mail unopened.  The Clerk announces this fact and that the Purchasing Agent will thereafter determine whether to re-issue the solicitation of competitive bids as a result.  If it is determined that an error was made in announcing the bid or there was a failure to read all bids into the record, the Purchasing Agent shall notify the Commissioner who presided over the Bid Opening and the Clerk of the Board of the need to reconvene the Bid Opening to correct the record.  As soon as reasonably possible, the Bid Opening is reconvened for the purpose of correcting the record.

 

(k)        Purchases and Contracts of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; Evaluation of bids.  Immediately after the Bid Opening, a post bid meeting is scheduled wherein the Department and Contract Compliance reviews bids for technical specifications and minority business enterprise/women business enterprise requirements.  Upon notification of a recommended vendor from the 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 12:00 noon at (312)603-5370 to determine whether a recommendation for award will be posted during the upcoming week.

 

(l)         Purchases and Contracts of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; The Purchasing Agent shall decide allbid 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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 of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; Right to reject bids reserved.  The County Board reserves the right to reject any and all bids.

 

(p)        Purchases and Contracts of $100,000.00 or more or contracts for contractual professional and managerial services of $25,000 or more; 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.

 

Effective Date:  This Act takes effect upon becoming law.

 


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