All contracts, agreements, leases and intergovernmental agreements which obligate financial or property interests of the County of McLean shall be let as herein provided, except as provided for in §
116-4 of this chapter.
All such contracts, agreements, leases and intergovernmental
agreements shall be approved by the Board and shall be signed by the
Chair of the Board and attested by the County Clerk. No rights, interests
or estates shall vest in any person unless or until such contracts
are approved by the Board, signed by the Chair and attested by the
Clerk.
Without intending to limit the foregoing, intergovernmental
agreements and commitments under state, federal, or private grants
shall be considered contracts which must be approved by or concurred
in by the County Board, or, in the case of public health, the Board
of Health, or Mclean County Board for Care and Treatment of Persons
with a Developmental Disability, based upon the fund affected, must
approve the agreement or commitment.
No officer or employee of the County of McLean, except as provided
by law, has the authority to enter into any contract, lease or obligation
which would bind the County, unless said contract, lease or obligation
is approved pursuant to the provisions of this contracting policy.
All contracts shall be referred to the State's Attorney
for review prior to their submission to the County Board.
All contracts, agreements, leases and bid specifications shall
include the following provisions, except when such provisions are
incompatible with the nature of the contract or when a variation in
such provisions has been approved by the County Board after considering
the recommendation of the State's Attorney:
A. Insurance requirements.
(1) A requirement for workmen's compensation insurance which provides
full statutory coverage.
(2) General liability insurance, including, where applicable, products
and completed operations insurance, with a limit of liability of not
less than $1,000,000 per occurrence. The aggregate limit of liability
shall not be less than the amount of the contract.
(3) Automobile liability insurance with a limit of liability of not less
than $500,000 per accident.
(4) A requirement for certificates of insurance in a form acceptable
to the County which evidence the existence and continuation of the
above required insurance.
B. A provision which saves and holds the County and its officials and
employees harmless from and against any and all claims, liability,
losses, damage and injury, including death, which results from the
negligence of the contractor or any subcontractor or suppliers in
the performance of the contract.
C. A provision that the agreement is governed by Illinois law, including
the Employment of Illinois Workers on Public Works Act (30 ILCS 570)
and the Prevailing Wage Act (820 ILCS 130), and that litigation shall
take place in McLean County, Illinois.
No member of the County Board or any other County official shall
have an interest in any contract let by the County Board either as
a contractor or subcontractor pursuant to 50 ILCS 105.
Upon approval of any contract by the County Board, a copy shall
be filed with the County Auditor and the County Administrator's
office. Contract performance shall be the responsibility of the pertinent
department head or elected official. Any discrepancies, changes or
failure to complete shall be reported immediately to the applicable
committee of the County Board.
The foregoing contracting policy resolution shall apply in each
case except in those instances where federal or state statutes, policies,
and regulations are to the contrary.