For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ARCHITECT-ENGINEER 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.
   BID DEPOSIT. A 10% bid bond or cashiers check made payable to the County Treasurer shall accompany each bid, attached to the front cover, as a guarantee that if the bid is accepted, a contract will be entered into. Money orders or company checks will not be accepted. Bid deposits will be returned to the unsuccessful bidder after the County Board awards the contract.
   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 or other dispositions of, the property subjected to the trust.
   BUSINESS. Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or any other private legal entity.
   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 to completion.
   COMPETITIVE BIDDING. Procurement process where the procedure or method to accomplish a goal or result is unknown.
   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 on request.
   CONSTRUCTION. The process of building, altering, repairing, improving or demolishing any public structure or building or other public improvements of any kind to any public real property.
   CONTRACT. All types of county agreements, regardless of what they may be called, for the procurement of supplies, services or construction.
   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 mutual action of the parties to the contract.
   CONTRACTOR. Any person having a contract with the county or using agency thereof.
   COOPERATIVE PURCHASING. Procurement conducted by or on behalf of more than one public procurement unit.
   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.
   COST DATA. Factual information concerning the cost of labor, material, overhead and other cost elements which are expected to be incurred or which have actually been incurred by the contractor in performing the contract.
   COUNTY (PUBLIC) AGENCY. A county officer, department, official, commission, board, employee or agency whose purchasing authority is subject to the County Board.
   COUNTY BOARD. The county officials elected by the voters of the county to be the legislative body of the county.
   COUNTY EXECUTIVE. The county official elected by the voters of the county to be the chief executive officer to administer the County Executive form of government. The term COUNTY EXECUTIVE shall also include his or her designee.
   DEPARTMENT HEAD. An appointed county officer whose position is specifically provided for in state statute, for example, Supervisor of Assessments, Chairperson of the Board of Review, County Engineer.
   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 any other advisory capacity.
   EMPLOYEE. An individual drawing a salary or wages from the county, whether elected or not.
   ENVIRONMENTALLY PREFERABLE PRODUCTS AND SERVICES. Commodities or services that are less detrimental to the environment or human health than competing commodities or services serving the same purpose. Includes commodities or services that minimize waste, use recycled materials, conserve energy or water or reduce the consumption or disposal of toxic materials.
   EXECUTIVE COMMITTEE. The committee established by the County Board to review and consider all contracts for professional services.
   FINANCE COMMITTEE. The committee established by the County Board to review and recommend appropriations and expenditure of funds for all using agencies or any successor committee having like authority.
      (1)   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 per year, or its equivalent;
      (2)   Ownership of 5% of any property of a business; or
      (3)   Holding a position in a business such as officer, director, trustee, partner, employee or holding any position of management.
   GRATUITY. A payment, loan, subscription, advance, deposit of money, service or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.
   IMMEDIATE FAMILY. Husband, wife, daughter, son, mother, father, mother-in-law, sister-in-law, daughter-in-law, son-in-law.
   INVITATION FOR BIDS. All documents, whether attached or incorporated by reference, utilized for soliciting sealed bids for the purchase or contract of any item or nonprofessional service, which estimated price equals or exceeds $20,000.
   JOINT PURCHASE ACT. The Governmental Joint Purchasing Act, ILCS Ch. 30, Act 525, §§ 0.01 et seq., or any successor statute.
   PERFORMANCE BOND. May be required from the successful bidder and shall be valid throughout the term of the contract. The PERFORMANCE BOND will be returned at the completion of the contract. The purpose of a PERFORMANCE BOND is insurance that the successful contractor complete the job or service as outlined in the bid specifications for the price quoted and for the length of the contract. If the contractor should default on the contract for any reason, the county would at that time exercise the right to use that PERFORMANCE BOND to complete the contract.
   PERSON. Any individual or group of individuals, business, union, firm, corporation, trust, partnership, association, joint venture, committee, club or other entity.
   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.
   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.
   PROCUREMENT. The buying, purchasing, renting, leasing or otherwise acquiring of any supplies, services or construction. It also includes all functions that pertain to the obtaining of any supply, service or construction, including description of requirements, selection and solicitation of sources, preparation and award of contract and all phases of contract administration.
   PROCUREMENT OFFICER. The duly authorized agent of the County Board or County Executive for the purposes of procuring goods or services.
   PROFESSIONAL SERVICES. The services of a person possessing a high degree of professional skill where the ability or fitness of the individual plays an important part and the primary reason for that purchase is the service provided and the skills are primarily mental as opposed to manual. PROFESSIONAL SERVICE means, but is not limited to, services rendered in the practice of law, accounting, engineering, medicine, architecture, dentistry, clinical psychology and technology. For example: development of software specifically designed to meet the needs of a county office or department. The purchase of shrink-wrap software is not.
   PUBLIC PROCUREMENT UNIT. The state, any county, city, town and any other subdivision of the state or public agency of any subdivision, public authority, education, health or other state or local entity which expends public funds for the procurement of supplies, services and construction.
   PURCHASE ORDER. The written commitment for the purchase of goods and/or services with a vendor.
   REASONABLE BIDDER OR OFFEROR. A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment and credit which will assure good faith performance.
   RECYCLED PRODUCTS. Goods containing materials, which have been diverted from the solid waste stream including post-consumer materials and materials or by-products generated in industrial processes or which have been wholly or partially remanufactured.
   REQUEST FOR PROPOSALS. All documents, whether attached or incorporated by reference, utilized for soliciting proposals for professional services, where the procedure or method to accomplish a goal or result is to be determined and the cost negotiated.
   REQUEST FOR QUALIFICATIONS. All documents, whether attached or incorporated by reference, utilized for soliciting qualifications, for professional services.
   RESPONSIBLE BIDDER. A person who has submitted a bid which conforms in all material respects to the requirements set forth in the invitation for bids.
   RESPONSIBLE BIDDER FOR CONSTRUCTION CONTRACTS. A bidder who meets all of the following applicable criteria, and submits evidence of compliance:
      (1)   All applicable laws prerequisite to doing business in the state;
      (2)   Evidence of compliance with:
         (a)   Federal Employer Tax Identification Number or Social Security number (for individuals); and
         (b)   Provisions of 42 U.S.C. Ch. 21, § 2000(e) and Federal Executive Order No. 11246 as amended by Executive Order No. 11375 (known as the Equal Opportunity Employer provisions).
      (3)   Certificates of insurance indicating the following coverages: general liability, worker’s compensation, completed operations, automobile, hazardous occupation, product liability and professional liability;
      (4)   Compliance with all provisions of the State Prevailing Wage Act, including wages, medical and hospitalization insurance and retirement for those trades as covered in the act; and
      (5)   Participation in apprenticeship and training programs approved and registered with the United States Department of Labor’s Bureau of Apprenticeship and Training.
   SERVICES. The furnishing of labor, time or effort by a contractor, not involving the delivery of a specific end product and other than reports which are merely incidental to the required performance. This definition shall not apply to employment agreements, collective bargaining agreements or the definition of professional services as provided in this section.
   SPECIFICATION. Any description of the physical or functional characteristics or of the nature of a supply, service or construction item. It may include a description of any requirement for inspecting, testing or preparing a supply, service or construction item for delivery.
   STANDING COMMITTEE. Any committee established by the County Board with specific duties and responsibilities, as set forth in the County Board Rules.
   STRINGING. Knowingly structuring a contract or job order to avoid the contract or job order being subject to a competitive bidding requirements.
   SUPPLIES. All property, including but not limited to equipment, materials and printing, excluding land or a permanent interest in land.
   SURPLUS. All supplies that are beyond their useful life and have no value or use to the county as determined and approved by the assigned County Board committee.
(1980 Code, § 41.004) (Ord. 08-461, passed 11-20-2008)