§ 33.005 DEFINITIONS.
   The words defined in this § 33.005 shall apply throughout this chapter, and to county regulations that relate to this chapter.
   AGENCY. Any county agency requiring goods, services, construction, or professional services procured pursuant to this subchapter.
   BID TAB. A bid tabulation (“BID TAB”) shows each bidder's bid amount for each pay item in a contract. They are posted as soon as the authorized buyer certifies that a bid tab accurately reflects the bids received and publicly opened.
   BID SECURITY. A monetary payment that the bidder must make to ensure that the bidder agrees to enter into a contract if it is awarded within the specified period of time; and which the bidder agrees to forfeit if, the contract is not so consummated.
   CHANGE ORDER. A written order signed and issued by authorized individuals of the county directing the contractor to make changes to the original contract specifications.
   CONFIDENTIAL INFORMATION. Any information that is available to an employee only because of that person’s status as an employee of the county or its agencies and not otherwise a matter of public knowledge or available to the public through a Illinois Freedom of Information Act request (5 ILCS 140/1 et seq.).
   CONSTRUCTION. The process of building, altering, demolishing, structurally repairing or otherwise making capital improvements to public real property.
   CONTRACT. All types of county agreements, regardless of what they may be called, for the procurement of goods, services, construction, or professional services.
   CONTRACT EXTENSION. A contract provision that provides the county the option of continuing a contract after its stated expiration date.
   CONTRACT FILE. The record maintained in the Purchasing Division for a particular contract, which may include payment vouchers, requisitions, purchase orders, contract documents, maintenance contracts, service contracts, systems contracts and correspondence.
   CONTRACT RENEWAL. Continuation of a contract for an additional set period of time, under the original terms and conditions, when allowed bya contract’s terms providing for renewal, which were included in any original bid document. If the bid document does not include provisions for renewal, any continuation of the contract would be considered a new contract and therefore must be rebid.
   CONTRACTOR. Any person having a contract with the county or one of the county’s affiliated entities, such as its departments, agencies, or elected officials.
   COOPERATIVE JOINT PURCHASING. Purchasing conducted by or on behalf of more than one public procurement unit (as defined below).
   DEPARTMENT PURCHASE ORDER. A written order signed and issued by a county department head, agency head, and/or elected official directing a business to provide goods, services, construction, or professional services on behalf of the county.
   DIRECT OR INDIRECT PARTICIPATION. Involvement, through decision, approval, disapproval, recommendation, preparation of any part of a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity.
   ELECTED OFFICIAL. For the purpose of this Ordinance, Elected Officials includes, but is not limited to: Clerk of the Circuit Court, County Clerk, County Coroner, County Treasurer, County Recorder of Deeds, Regional Superintendent of Schools, County Sheriff and State's Attorney.
   EMERGENCY PURCHASE. Procurements obtained in circumstances which include, without limitation, situations where: (1) public health or safety is threatened, and where immediate repairs to county property are necessary to prevent or stop continuing loss or damage; (2) immediate action is needed to prevent or minimize disruption to county services; (3) immediate action is required to ensure the integrity of county records; (4) immediate action is necessary to avoid a lapse or loss of federal, state or donated funds.
   FAMILIAL RELATIONSHIP. Relationship to a county employee which includes spouse (including civil partner), child, stepchild, parent, stepparent, grandparent, in-laws (including parent, grandparent, sibling, or child), relatives and non- relatives living in the same residence, and offspring born to any aforementioned persons.
   FINANCIAL AND ADMINISTRATIVE COMMITTEE. The Committee established by the County Board to review and recommend annual budgets and expenditures for all county affiliated entities.
   FINANCIAL INTEREST. To hold a “FINANCIAL INTEREST” in an entity means any of the following:
      (1)   Ownership of any interest in an entity or involvement in any relationship from which, an individual within the past year has received, or is currently or in the future entitled to receive, more than $1,200 per year, or its equivalent;
      (2)   Ownership of 5% of any property or business; or
      (3)   Holding a position in a business involved in contracting with the county, such as officer, director, trustee, partner, employee, or holding any other management position in the business.
   GOODS. All maintenance, repair and operating supplies, and equipment necessary to sustain day-to-day county operations.
   GRATUITY. A payment, loan, subscription, advance, monetary deposit, service, or anything of more than nominal value, presently given or promised, unless consideration of substantially equal or greater value is received.
   INVITATION FOR BIDS. An advertised, open, competitive solicitation for prices, which culminates in all received bids being opened publicly.
   INVOICE. A bill for goods or services furnished by a seller to a buyer specifying one price and terms of sale.
   NOMINAL GIFT. Any item given to an individual with a value of less than $75.
   PERSON. Any individual or group of individuals, business, union, firm, corporation, trustee, partnership, association, joint venture, committee, club, or other entity.
   PROCUREMENT. The buying, purchasing, renting, leasing, or otherwise acquiring of any goods, services, construction, or professional services. It also includes all functions that pertain to the obtaining of any goods, service, construction, or professional services, including description of requirements, selection, and solicitation of sources, preparation and award of contract, and all phases of contract administration.
   PROFESSIONAL SERVICE. Services that require a high degree of intellectual skill, and through which the county’s best interests are served by a unique combination of specialized knowledge, experience, and expertise.
   PUBLIC PROCUREMENT UNIT. The State of Illinois, any county, municipality, and any other subdivision of the state, or public agency of any such subdivision, public authority, educational, health, or other institution, any agency of the United States, and to the extent provided by law, any other entity that expends public funds for the procurement of goods, services, construction, and professional services.
   PURCHASE ORDER. A written order signed and issued by the Purchasing Division that directs a business to provide goods, services, construction or professional services on behalf of the county.
   PURCHASING AGENT. The person employed by Lake County as the head of its Purchasing Division (and whose title at the adoption of this chapter is “Purchasing Manager”). or any staff member of the County’s Purchasing Division authorized to administer the county’s purchasing process.
   REQUEST FOR PROPOSALS. A formal request to prospective vendors that solicits proposals for professional services and contains, (or incorporates by reference), the specifications or scope of work and all contractual terms and conditions. Vendor proposals are submitted in sealed envelope and opened privately. Vendors are selected based on a qualification-based evaluation.
   REQUISITION. An electronic request issued by a county department heads or their designee against available and approved funds, which will authorize the Purchasing Division to issue a purchase order on the department’s behalf.
   RESPONSIBLE BIDDER OR OFFEROR.
      (1)   (a)   A person (firm) who has the capability in all respects to perform fully the Public Works contract requirements, and the experience, personnel, integrity, reliability, facilities capacity, equipment, acceptable past performance and credit which will assure good faith performance.
         (b)   RESPONSIBLE BIDDER FOR CONSTRUCTION CONTRACTS means a bidder for Public Works construction contracts advertised, awarded, and financed, in whole or in part, with county public funds, who meets all of the job specifications, including the following applicable criteria, and submits evidence of such compliance:
            1.   All applicable laws prerequisite to doing business in Illinois, and all local ordinances, and not in conflict with any federal law.
            2.   Evidence of compliance with:
               A.    Federal Employer Tax Identification Number or Social Security Number (for individuals).
               B.    Provision of Section 2000(e) of Chapter 21, Title 42 of the United States Code and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions).
               C.    Certificates of insurance indicating the following coverages: general liability, workers' compensation, completed operations, and automobile.
               D.    Compliance with all provisions of the Illinois Prevailing Wage Act, including wages, medical and hospitalization insurance and retirement for those trades covered in the Act.
               E.    Disclosure of the name and address of each subcontractor from whom the contractor has accepted a bid and/or intends to hire on any part of the project prior to the subcontractor commencing work on the project.
               F.   The bidder and all bidder's sub-contractors must participate in active apprenticeship and training programs approved and registered with the U.S. Department of Labor's Office of Apprenticeship for each of the trades of work contemplated under the awarded contract.
               G.   All contractors and sub-contractors are required to turn in certified payrolls as specified in Illinois Public Act 94-0515, and follow all provisions of the Employee Classification Act, 820 ILCS 185/1 et seq.
               H.   All bidders must provide three projects of a similar nature as being performed in the immediate past five years with the name, address and telephone number of the contact person having knowledge of the project or three references (name, address, and telephone number) with knowledge of the integrity and business practices of the contractor.
            3.   For purposes of this definition, PUBLIC WORKS is defined as set forth in the Employee Classification Act, 820 ILCS 185/1 et seq.
      (2)   The provisions contained in division (1)(b) of this definition shall not apply to federally funded construction projects if such application would jeopardize the receipt or use of federal funds in support of such a project. Division of Transportation projects shall be exempt from provisions contained in division (1)(b) of this definition that are not in concurrence with Illinois Department of Transportation rules.
   RESPONSIVE BIDDER. A person who has submitted a bid that conforms in all material respects to the requirements set forth in the invitation for bids.
   REVERSE AUCTIONS. A real time bidding process taking place at a scheduled time and internet location, in which multiple suppliers, anonymous to each other, submit bids to provide the designated goods and services specified in the invitation to bid.
   SERVICES. The furnishing of labor, time, or effort by a contractor, not involving the delivery of a specific end product other than reports which are merely incidental to the required performance.
   SMALL PURCHASE. Purchase of goods, services, construction or professional services by a department in an amount less than the applicable statutory minimum for competitive sealed bids and also less than this chapter’s requirements for competitive sealed proposals.
   SPECIFICATION. Any description of the physical or functional characteristics or of the nature of a good, service, construction item, or professional service. A SPECIFICATION may include a description of any requirement for inspecting, testing, or preparing a good, service, or construction item for delivery, or of a professional service.
   STANDING COMMITTEE. Any committee that the County Board establishes that meets regularly and has specific responsibilities.
   SURPLUS PROPERTY. Property in excess of the needs of the county and not required for its foreseeable need or no longer having any use to the county.
(1977 Code, § 1:4-1) (Ord., § 1-105, passed 12-8-2009; Ord. passed 2-12-2013; Ord. 19-1384, passed 11-12-2019; Ord. 21-0923, passed 10-12-2021)