The words defined in this Section shall have the meanings set forth below whenever they appear in this Ordinance.
1. ADMINISTRATIVE CHANGE ORDER (INTERNAL PURPOSE). A form approved by the Director of Purchasing to record a change necessitated by accounting or other management procedures. Includes amendments to vendor’s company name or address, rate adjustments specifically provided for in the original Contract and Contract Changes specified in Article IX of this Ordinance.
2. ARCHITECTURAL, ENGINEERING, AND LAND SURVEYING SERVICES. Those Professional Services within the scope of practice of architecture, professional engineering, structural engineering, or land surveying, as defined by the laws of the State of Illinois.
3. BID. An advertised, open, competitive solicitation for prices that are opened publicly.
4. BID SECURITY. A guaranty that the bidder will enter into a Contract if an offer is presented within the specified period of time; bidder’s failure to do so will result in forfeiture of the Bid Security.
5. BLIND TRUST. An independently managed trust in which the employee-beneficiary has no management rights and in which the employee- beneficiary is not given notice of alterations in, or other dispositions of, the property subject to the trust.
6. BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity.
7. CHANGE ORDER. A change in a contract term other than as specifically provided for in the Contract which authorizes or necessitates any increase or decrease in the cost of the Contract or the time of completion.
8. CONFIDENTIAL INFORMATION. Any information which is available to an Employee only because of the Employee’s status as an Employee of the County and is not a matter of public knowledge or available to the public via a request made pursuant to the Illinois Freedom of Information Act (5 ILCS 140/1 et seq.).
9. CONSTRUCTION. The process of building, altering, repairing, improving, demolishing, making structural repairs or other capital improvements to any public real property.
10. CONTRACT. All types of agreements, regardless of what they may be called, for the Procurement of Goods and Supplies, Services, Construction, or Professional Services that are legally binding promises enforceable by law. For purposes of this document only, the term Contract does not include nor encompass County Employment Contracts.
11. CONTRACT EMPLOYEE. See INDEPENDENT CONTRACTOR.
12. CONTRACT FILE. A record maintained in the Purchasing Department which may include a requisition, Purchase Order, Contract documents and/or related correspondence, excluding employment Contracts and Contracts that contain information that falls under HIPPA laws.
13. CONTRACT MODIFICATION (BILATERAL CHANGE). Any written alteration in Specifications, delivery point, rate of delivery, period of performance, price, quantity, or other provisions of any Contract accomplished by the mutual assent of the parties to the Contract.
14. CONTRACT RENEWAL. A continuation for an additional period under the original terms and conditions, where the renewal clause is included in the Bid document. If the Bid document does not include the terms and conditions of a renewal, any continuation of the Contract is considered a new Contract, which must be re-bid.
15. CONTRACTOR. Any Person having a Contract with the County or a Using Agency thereof.
16. COOPERATIVE PURCHASING. Procurement conducted by or on behalf of more than one Public Procurement Unit.
17. COST ANALYSIS. The evaluation of Cost Data for the purpose of arriving at costs actually incurred or estimates of costs to be incurred, prices to be paid, and costs to be reimbursed.
18. COST DATA. Factual information concerning the cost of labor, material, overhead, and other cost elements which have been actually incurred or which are expected to be incurred by the Contractor in performing the Contract.
19. COST-REIMBURSEMENT CONTRACT. A Contract under which a Contractor is reimbursed for costs which are allocable in accordance with the Contract terms and the provisions of this Ordinance, and a fee or profit, if any.
20. COUNTY (PUBLIC) AGENCY. A County officer, department, Elected Official, commission, board, Employee, or agency.
21. DEBAR. To remove a Person for cause from consideration for award of Contracts.
22. 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.
23. EMERGENCY PURCHASE. Procurement obtained in circumstances which include threats to public health or safety, where immediate repairs to County property are required to protect or prevent against further loss or damage, or where immediate action is needed to prevent or minimize serious disruption to County services.
24. EMPLOYEE. An individual drawing a salary or wages from the County of McHenry, whether elected or not.
25. EQUIPMENT. Items that are purchased or used by the County that are not Goods and Supplies and which are not expendable except through depreciation or wear and tear, and which do not lose their identity or become integral parts of other items or installations.
26. FINANCE & AUDIT COMMITTEE. The Committee established by the McHenry County Board to review and recommend appropriation budgets and expenditure of funds for all using agencies.
27. FINANCIAL INTEREST.
a. ownership of any interest or involvement in any relationship from which, or as a result of which, an individual within the past year has received, or is presently or in the future entitled to receive, more than $1,200.00 per year, or its equivalent;
b. ownership of 5% of any property or Business; or
c. holding a position in a Business such as officer, director, trustee, partner, employee, or holding any position of management.
28. F.O.B. Free on Board.
29. GOODS AND SUPPLIES. All personal property relating to the maintenance, repair and operating materials necessary to sustain day to day County operations.
30. GRATUITY. A payment, loan, subscription, advance, and deposit of money, Service, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
31. IDOT. Illinois Department of Transportation.
32. IMMEDIATE FAMILY. Husband, wife, mother, father, mother-in-law, father-in-law, son, daughter, brother, sister, son-in-law, daughter-in-law, uncle, aunt, brother-in-law, and sister-in-law.
33. INDEPENDENT CONTRACTOR. A Person hired to accomplish a given result who has the right to control or direct his, her or its own work as to details and means by which the desired results are achieved. Compare with Employee.
34. INVITATION FOR BIDS. A formal request to vendors soliciting price Quotations or Bids, which contains or incorporates by reference the Specifications or scope of work and all contractual terms and conditions, and includes all documents, whether attached or incorporated by reference, utilized for soliciting price Quotations or Sealed Bids.
35. MATERIAL ALTERATION. Any construction, repair, reconstruction, rehabilitation, addition or improvement of a County owned, leased or rented building or structure, which appreciatively affects or influences its function, use or appearance.
36. PERSON. Any individual or group of individuals, Business, union, firm, corporation, trustee, partnership, association, joint venture, committee, club, or other entity.
37. PRICE ANALYSIS. The evaluation of Price Data, without analysis of the separate cost components and profit as in Cost Analysis, which may assist in arriving at prices to be paid and costs to be reimbursed.
38. PRICING DATA. Factual information concerning prices for items substantially similar to those being procured. Prices in this definition refer to offered or proposed selling prices, historical selling prices and current selling prices. The definition refers to data relevant to both prime and subcontract prices.
39. PROCUREMENT. The buying, purchasing, renting, leasing, or otherwise acquiring of any Goods and Supplies, Services, Equipment, Construction, or Professional Services. It also includes all functions that pertain to the obtaining of any Goods and Supplies, Services, Equipment, Construction, or Professional Services, including description of requirements, selection, and solicitation of sources, preparation and award of Contracts, and all phases of Contract administration.
40. PROFESSIONAL SERVICES. The Services of a Person possessing a high degree of professional skill where the ability or fitness of the Person plays an important part and the primary reason for contracting with the Person is the County’s confidence, trust, and belief in his or her talent and ability to perform the Services. Professional Services include, but are not limited to, appraisers, architects, engineers, accountants, land surveyors, psychologists, physicians, and other health care professionals. A Contract is one for Professional Services when the County’s need for the Services is necessarily dependent upon the particular skill, ability, judgment and talent of the Person performing the Services.
41. PROGRESSIVE PURCHASE ORDER. A Purchase Order which allows for multiple payments throughout the Contract period.
42. PUBLIC PROCUREMENT UNIT. The State of Illinois, any county, city, town, 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 which expends public funds for the Procurement of Goods and Supplies, Services, Equipment, Construction, and Professional Services.
43. PUBLIC WORKS PROJECTS. Public Works Projects means any fixed work construction, improvement or demolition by any public body that is funded or financed in whole or in part with public funds.
44. PURCHASE ORDER. A written order signed and issued by the Director of Purchasing directing a vendor to provide Goods, Supplies, Services, Equipment, Construction, or Professional Services to McHenry County.
45. PURCHASE REQUISITION. An internal document, by which a department sends, to the Purchasing Department, details of Goods and Supplies, Services, Equipment, Construction, or Professional Services to meet its needs for a specific job.
46. QUOTE/QUOTATION. Informal pricing obtained for the purchase of Goods and Supplies, Services, Equipment, Construction, or Professional Services.
47. REQUEST FOR PROPOSALS (RFP). All documents, whether attached or incorporated by reference, utilized for soliciting proposals.
48. REQUEST FOR QUALIFICATION (RFQ). Documentation requested for Professional Services including but not limited to a list of professional references and similar work performed.
49. RESPONSIBLE BIDDER. A Person who has the capability in all respects to perform fully the Contract requirements contained in the Invitation for Bids, has the capacity, facilities, equipment, and credit which will assure good faith performance, and has submitted a Bid which conforms in all material respects to the requirements set forth in the Invitation for Bids. Responsible bidders on Public Works Projects may also have apprenticeship and training programs which fit the needs of the Public Works Project. Those criteria that will affect the Bid price and be considered in evaluation for award shall be objectively measurable, such as quality of the articles supplied; their conformity with the Specifications; their suitability to the requirements of the County; availability of support Services; uniqueness of the Goods and Supplies, Equipment, or Services as it applies to networked, integrated computer systems; compatibility to existing Equipment; and the delivery terms. The County Board also may take into consideration whether a bidder is a private enterprise or a State-controlled enterprise and, notwithstanding any other provision of this Section or a lower Bid by a State-controlled enterprise, may let a Contract to the lowest Responsible Bidder that is a private enterprise. The Invitation for Bids shall set forth the evaluation criteria to be used. No criteria may be used in the Bid evaluation unless they are set forth in the Invitation for Bids. A Responsible Bidder is not a Person who has:
a. a conviction for commission of a criminal offense as an incident to obtaining or attempting to obtain a public or private Contract or subcontract, or in the performance of such Contract or subcontract; or
b. a conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business honesty which currently, seriously, and directly affects responsibility as a County Contractor; or
c. a conviction under state or federal antitrust statutes arising out of the submission of Bids or proposals; or
d. violated Contract provisions, as set forth below, which is regarded by the Director of Purchasing to be so serious as to find them non-responsible:
(1) deliberate failure without good cause to perform in accordance with the Specifications or within the time limit provided in the Contract; or
(2) a recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more Contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the Contractor shall not be considered to be a basis for debarment; or
e. committed any other acts which the Director of Purchasing determines to be so serious and compelling as to affect responsibility as a County Contractor, including debarment by another governmental entity for any cause listed in this Ordinance; or
f. violated the ethical standards set forth in Article XI.
50. 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. This definition shall not apply to employment agreements, collective bargaining agreements or to the definition of Professional Services as provided in this Ordinance.
51. PROPRIETARY PROCUREMENT. The situation resulting from the inability to obtain competitive Bids, which may result because only one vendor or supplier possesses the unique ability to meet the particular requirements of the solicitation. Proprietary Procurement requires written justification from the requesting department explaining why there is only one source. Such justification will be reviewed and co-signed by the Director of Purchasing for validity.
52. SPECIFICATION. Any description of the physical or functional characteristics or of the nature of a Goods and Supplies, Equipment, Service, Construction, or Professional Service. It may include a description of any requirement for inspecting, testing, or preparing Goods and Supplies, Services, or Construction items for delivery.
53. STANDING COMMITTEE. Any committee established by the McHenry County Board with specific Using Agency jurisdiction and responsibilities.
54. STRINGING. Dividing or fragmenting Procurements in order to circumvent any of the provisions of this Ordinance. Stringing is the practice of issuing multiple Purchase Orders or Purchase Requisitions for purchasing like items or Services, with the intent to circumvent Procurement policies.
55. SURPLUS PROPERTY. Property including Goods and Supplies and Equipment that exceeds the reasonably foreseeable needs of the County or no longer has any use to the County.
56. UNAUTHORIZED PURCHASE. An Unauthorized Purchase occurs when the materials, Services, or any expense is charged to the County of McHenry by a Person who has not been given such authority. Unauthorized Purchases include procuring Goods and Supplies, Equipment, Construction, or Services (including Professional Services) without following the provisions of this Ordinance. The individual making an Unauthorized Purchase may incur a personal obligation to the vendor or the County for the expense even though the Goods and Supplies, Equipment, Construction, or Services (including Professional Services) are used for County business.
57. USED EQUIPMENT. Equipment that: (a) has been in service for at least one-half of its commercially reasonable life, or if its life is less than 24 months, is at least one year old; or (b) is a floor or demonstration model that is offered at a price at least twenty-five percent (25%) below current market price; or (c) is otherwise determined by the Director of Purchasing on a case-by-case basis to be a bona fide used item.
58. USING AGENCY. Any County department requiring Goods and Supplies, Equipment, Services, Construction, or Professional Services procured pursuant to this Ordinance.
(Ord. 7741, passed 7-16-2019)