A. Department Heads and Elected Officials shall have the authority to award Professional Services Contracts, except for Professional Services Contracts for Architectural, Engineering, and Land Surveying Services (which are governed by § 2.48.160C. and D.), and may determine, in their discretion, whether such Contracts will be awarded on the basis of competitive sealed proposals.
B. For Professional Services Contracts, except for Professional Services Contracts for Architectural, Engineering, and Land Surveying Services (which are governed by § 2.48.160C. and D.), where the total cost of the Contract is $30,000 or greater, the respective Department Head or Elected Official shall submit a request for an opinion to the State’s Attorney as to whether the service being contracted for constitutes a “professional service” under Illinois law. Upon a determination by the State’s Attorney, the respective Department Head or Elected Official and the Director of Purchasing shall present a joint recommendation to the County Board for consideration and approval.
C. All Professional Services Contracts relative to Architectural, Engineering, and Land Surveying Services will be governed by the requirements of the Local Government Professional Services Selection Act (50 ILCS 510/1 et seq.). In the event that McHenry County issues a Request for Proposals for the selection of Architectural, Engineering, or Land Surveying Services, proposals shall be evaluated based on the requirements set forth in the Request for Proposals, which may include qualifications, ability of professional personnel, past record and experience, performance data on file, willingness to meet time and budget requirements, location, workload of the firm, work on similar projects, past performance with McHenry County, and financial stability. Notwithstanding any provision of this Ordinance to the contrary, in no event shall a County Agency, prior to selecting for negotiation under 50 ILCS 510/7 an individual or firm for Architectural, Engineering, or Land Surveying Services, seek formal or informal submission of verbal or written estimates of costs or proposals in terms of dollars, hours required, percentage of construction cost, or any other measure of compensation. Competitive sealed proposals are required where the total cost of the Contract is greater than $30,000 unless a prior, satisfactory relationship exists for the Services desired. For all Professional Services Contracts relative to Architectural, Engineering, and Land Surveying Services where the total cost of the Contract is $30,000 or greater, the respective Department Head or Elected Official and the Director of Purchasing shall present a joint recommendation to the County Board for consideration and approval. The County Board may waive the requirements of Sections 4, 5, and 6 of the Local Government Professional Services Selection Act if it determines by Resolution, that an emergency situation exists and a firm must be selected in an expeditious manner.
D. Department Heads and Elected Officials may award Professional Services Contracts relative to Architectural, Engineering, and Land Surveying Services where the total cost for the project is expected to be less than $30,000, without regard to Sections 4, 5, and 6 of the Local Government Professional Services Selection Act.
(Ord. 7741, passed 7-16-2019)