On the agenda: Bloomington meeting — Data Center (Jan 7)

FINANCE COMMITTEE MEETING AGENDA
McLean County Government Center
115 E. Washington Street, Room 400, Bloomington, IL 61701
Wednesday, January 7, 2026 at 5:00 p.m.
1. Roll Call
2. Consent Agenda
A. Approval of Minutes: December 3, 2025 regular meeting; and
B. Recommend approval of bills and transfers, if any, to the County Board
3. Appearance by Members of the Public and County Employees
4. Departmental Matters:
A. Marshell Thomson, Director, Animal Control Program
1) Items to be presented for action:
a) None
2) Items to be presented for information:
a) Monthly Report
b) Other Information

3-11

B. Kathy Michael, County Clerk
1) Items to be presented for action:
a) Request approval of Subscription Agreement Subscription Agreement
between SOE Software Corporation and McLean County.
12-30
b) Request approval of a Sales Order Agreement with Election Systems
and Software.
31-39
2) Items to be presented for information:
a) Monthly Reports - Recording
40-46
b) Other Information
C. Michelle Anderson, County Auditor
1) Items to be presented for action:
a) None
2) Items to be presented for information:
a) Other Information
D. Timothy Jorczak, Supervisor of Assessments
1) Items to be presented for action:
a) None
2) Items to be presented for information:
1

a) Other Information
E. Becky McNeil, County Treasurer
1) Items to be presented for action:
a) Accept and place on file the County Treasurer’s Monthly Financial
Reports. (To Be Distributed)
2) Items to be presented for information:
a) Other Information
F. Tim Wiley, Nursing Home Director
1) Items to be presented for action:
a) Request approval to reclass Nurse Manager Positions

47

b) Request approval to reclass of Infection Prevention RN and MDS Care
Coordinator RN Administrative Nurse Positions.
48-70
G. Matt Lane, Sheriff
1) Items to be presented for action:
a) Request approval of a Resolution Amending the Funded Full-time
Equivalent positions Resolution for 2026 – Sheriff Dept.
71-72
H. Cassy Taylor, County Administrator
1) Items to be presented for action:
a) Request approval of an Ordinance by the McLean County Board
Amending Chapter 50 in the McLean County Code.
73-82
b) Request approval of an Ordinance by the McLean County Board
Amending Chapter 116 in the McLean County Code.
83-112
2) Item to be presented for information:
a. Other Information
5. Other Business and Communication
A. Next Meeting Date February 4, 2026 at 5:00 p.m.
6. Adjournment

2

McLean County Animal Services
13060 East 850 North Road
Shirley, Illinois 61772
(309) 888-5060

Marshell Thomson
Director

Report to the Finance Committee – January 7, 2026
Committee Members
Val Laymon, Chair
William Friedrich, Vice Chair
Natalie Roseman-Mendoza
Mark Clauss
Buck Farley
Brian Loeffler
Sean Fagan

About Animal Control
McLean County Animal Services is a program designed to
promote and protect public and animal safety in a variety of
ways, including prevention and control of rabies through rabies
vaccination and registration, bite investigations, enforcement of
county, state, and federal laws and in certain circumstances, the
collection of stray dogs and cats.

What a pleasure it is for me to highlight the great work done by McLean County Animal Services and
some of the essential programs we offer for the benefit of the community. The program responds to stray
dog and cat control, rabies prevention, animal bite investigations, humane care violations, vicious and
dangerous dog investigations, pet overpopulation control and strives for more live outcome rates. These
critical services that help protect the community are accomplished through statutes, ordinances, and
intergovernmental agreements. We also monitor the rabies inoculations and McLean County registration
mandates for dogs and cats to help safeguard against the rabies virus.

Service Leadership

3

McLean County Animal Services | Report to the Finance Committee

•

MCAS staff and volunteers continue to diligently care for the animals at the new facility. I
appreciate all their hard work and dedication to the animals, the program and the community.

MCAS staff continues to facilitate reclaims, adoptions and transfers. Year to date 174 cats and 97
dogs have been transferred into other programs for adoption, in addition to the private adoptions of
55 dogs and 138 cats. In total 464 pets have been adopted or transferred YTD. Thank you to all the
community partners who have dedicated so much time and effort to help the animals of McLean
County. It takes a group effort to maximize these invaluable resources.

Rabies Prevention Program
•

Year to date MCAS facilitated 310 rabies inoculations.

•

Year to date MCAS prepared and submitted for rabies testing 66 bats, 3 raccoons, 4 cats, 2 opossums and
4 dogs.

•

Year to date MCAS monitored 515 Bite/Rabies Investigations. McLean County Health Department CD
also reviewed bite investigations, and recommended PEP as needed. This is an invaluable
intergovernmental collaboration between departments that is critical in protecting the community against
rabies.

•

On December 22, 2025, Illinois Department of Public Health reported through a SIRENS notification a
Dog tested positive for Rabies in Chicago, Illinois. This is the first rabid dog in the state since 1994. The
first rabid dog in Cook County since before 1964. The dog was from a litter of puppies sent to a Chicago
Rescue. The dog had bitten a person. The situation provides a reminder that its very important to
vaccinate your pets to reduce the risks of rabies.

4

McLean County Animal Services | Report to the Finance Committee
•

MCAS would like to remind pet owners to vaccinate their pets against rabies and other preventable
diseases. Rabies is a fatal disease and can be preventable. Please contact your veterinarian about core
inoculations. Every dog and cat can get their rabies vaccine starting at 4 months of age. It is very
important for your pet and the community to keep pets current on core vaccines, including rabies to help
prevent the spread of diseases. More information available about Rabies can be found at Rabies
(illinois.gov) and https://dph.illinois.gov/topics-services/diseases-and-conditions/diseases-a-zlist/rabies/surveillance-map-archive.html

•

Citizens who have been bitten by any animal, including wildlife or who have found a bat within their
home please immediately contact Metcom at (309) 888-5030. Dispatch will notify an Animal Control
Warden.

•

Please take this opportunity to look for preventable ways to discourage indigenous wildlife from getting
into living spaces of a home. A few simple preventative steps can go a long way in discouraging wildlife
from nesting near or within a home. These steps are crucial in stopping the nuisance wildlife problems
before they start. More information about bat exclusionists can be found at https://dph.illinois.gov/

•

Rabies Registration Tag fees can be paid in person at Animal Services, on-line at the following link
Animal Registration | McLean County, IL - Official Website (mcleancountyil.gov), at some
veterinarian offices and payments can also be sent by mail. Please call for more information about
McLean County registration requirements.

Overpopulation Control Program
MCAS facilitated the altering of adopted animals from the program. Many of these services are provided
through the Jayne L. and David Eric Menssen Critter Care Perpetual Charitable Trust. MCAS encourages
citizens to alter pets through educational opportunities and we also help citizens find resources to help with
sterilization of pets.
January through December 2025 MCAS facilitated the following listed below.
Feline Alters
Canine Alters
Microchips Implanted
Rabies Vaccines

159
83
325
310

Partnerships and Resources
MCAS has many wonderful community partners who help the animals find forever homes. We sincerely
appreciate these collaborations and efforts to help the animals at MCAS. If you would like to connect to see
how we can partner together to help more animals within McLean County, please call Marshell Thomson at
(309) 888-5060 or email [email protected]

5

McLean County Animal Services | Report to the Finance Committee

Thomas Bell and his daughter Dana Bell brought dog and cat food and cat litter donations for the animals
at MCAS. Thomas and his daughter Dana have been coming to donate large amounts of animal feed and
supplies to MCAS, since 2018. Thank you very much for helping the animals, we sincerely appreciate
your kindness and generosity.

Volunteer & Foster Program
• MCAS is accepting volunteers or fosters. If you would like more information about helping,

please call (309) 888-5060 for more information about volunteer opportunities. Volunteer at
Animal Services | McLean County, IL - Official Website

Animal Adoption
MCAS has many wonderful pets available for adoption. View adoptable animal photos Animal
Services | McLean County, IL - Official Website

6

McLean County Animal Services | Report to the Finance Committee

Strong Business Practices
•

MCAS staff has implemented measures to help reduce the number of animals entering the facility
through alternative reunification efforts. These efforts are beneficial to the community. Citizens
use social media platforms like www.facebook.com/groups/LostFoundMcLeanCounty to help
locate owners with lost pets.

•

Year to date MCAS has reclaimed a total of 206 dogs and 27 cats from the Animal Services
program, totaling 233 pets reunited with their owners.

•

Staff members research McLean County Rabies Registration Tags, ID Tags and Microchips for
lost pets to help with the reunification efforts within McLean County.

•

Strong emphasis is focused on educational opportunities regarding responsible pet ownership,
humane care and treatment for animals and helping owners find resources to help correct animal
behavioral problems.

•

Maintain contractual obligations and statutorily required services.

•

MCAS staff and volunteers continue to provide shelter enrichment for the animals housed at the
facility.

7

McLean County Animal Services Statistics
between 1/1/2025 and 12/31/2025
Intake - Dog

Total
Total

529

BITE CONF

17

OWNER SUR

29

SEIZED

67

STRAY

412

BITE CONF
3.2%
OWNER SUR
5.5%
SEIZED
12.7%
STRAY
77.9%
TRANSFER
0.8%
Total:
100.0%

4

TRANSFER

Outcome - Dog
Total
Total

523

ADOPTION

55

DIED

5

DISPOSAL

18

EUTH

142

RTO

206

TRANSFER

97

ADOPTION
10.5%
DIED
1.0%
DISPOSAL
3.4%
EUTH
27.2%
RTO
39.4%
TRANSFER 18.5%
Total:
100.0%

8

McLean County Animal Services Statistics
between 1/1/2025 and 12/31/2025
Intake - Cat

Total
Total

518

BITE CONF

6

BORN MCAC

57

OWNER SUR

28

SEIZED

20

STRAY

406

TRANSFER

BITE CONF
1.2%
BORN MCAC
11.0%
OWNER SUR
5.4%
SEIZED
3.9%
STRAY
78.4%
TRANSFER
0.2%
Total:
100.0%

1

Outcome - Cat

Total
Total

460
0.2%
ADOPTION
30.0%
DIED
10.7%
DISPOSAL
4.3%
EUTH
11.1%
RTO
5.9%
TRANSFER 37.8%
Total:
100.0%

1
ADOPTION

138

DIED

49

DISPOSAL

20

EUTH

51

RTO

27

TRANSFER

174

9

McLean County Animal Services Statistics
between 1/1/2025 and 12/31/2025
Transfers to Agency

CAT

Total

DOG

271

174

97

ANONYMOUS

7

4

3

CATTAILS FELINE RESCUE

1

1

0

CLOVER'S CAT CLUB RESCUE

92

91

1

DEEBY'S SENIOR CHIHUAHUA RESCUE

8

0

8

HUMANE SOCIETY OF CENTRAL IL. RESCUE

54

41

13

PET PACK RESCUE INITIATIVE RESCUE

2

0

2

PETCENTRALHELPS RESCUE

49

25

24

RUBY'S RESCUE

1

0

1

STERILE FERAL RESCUE

12

12

0

WISH BONE CANINE RESCUE

45

0

45

Total

10

11

Kathy Michael
McLean County Clerk
Phone: (309) 888-5190 Fax (309) 888-5932
115 E. Washington Street, Room 102 PO Box 2400 Bloomington, IL 61702-2400
Website: www.mcleancountyil.gov/countyclerk
Email: [email protected]

January 7, 2025

TO: Honorable Chair Laymon and Members of the Finance Committee
FROM: Kathy Michael, McLean County Clerk
RE: Request approval of Subscription Agreement for Software used to post Election Night
Results
We are requesting a approval of a Subscription Agreement for SOE software. This software is
currently in use by the Bloomington Elections Commission (BEC) to post their Election Night
Results. SOE Software will simplify and quicken our current posting process which can take
hours after results have been returned to us from the polling places. Currently files are created
and uploaded manually by an Elections staff member in the County Clerk’s office. In contrast,
SOE Software works seamlessly with our vendor ES&S’s reports, resulting in no delay in
posting. SOE Software meets the ADA requirements for accessibility; see attached requirements
for meeting federal guidelines. We will also reap the benefit of having a similar format to that of
the BEC, with an easy-to-read display including graphs, reducing confusion for voters.
We wish to use this software to post Election Night results beginning with the March 17 Primary
Election.

12

SUBSCRIPTION AGREEMENT
Between
SOE SOFTWARE CORPORATION & McLean County, IL
PREAMBLE

This SUBSCRIPTION AGREEMENT (the “Agreement”) is entered into as of this 15th day in the month of
January, in the year 2026 by and between McLean County, IL Office with address at 115 E. Washington
St.; Room 102, Bloomington, IL , 61701 (the “Customer”) and SOE Software Corporation a corporation
existing under the laws of Florida, with principal offices at 5401 W. Kennedy Blvd. Suite 100 Tampa,
FL 33609 (“SOE SOFTWARE”). Collectively, SOE SOFTWARE and the Customer shall be referred to as the
“PARTIES” and each separately as the “PARTY”.

RECITALS

A. SOE SOFTWARE is a technology company specializing in providing election management and online
voting solutions. SOE SOFTWARE has developed and is the rightful owner/SOE SOFTWARE is the
rightful Licensor of a (Election Night Reporting), among other solutions (hereinafter referred to as
the SOFTWARE).
B. The Customer has decided to retain the services of SOE SOFTWARE to provide the SOFTWARE on a
SaaS model.
C. The PARTIES desire to enter into this SaaS Agreement so as SOE SOFTWARE will license the Software
to the Customer and provide it with associated services under the terms and conditions herein.
NOW, THEREFORE, in consideration of the foregoing and the mutual promises set forth below, the
PARTIES agree as follows:

ARTICLE 1.- DEFINITIONS







Documentation: means standard documentation including setup and back-office user guides in
English
Customer: means McLean County, IL
SaaS: Software as a Service
SOE SOFTWARE: SOE SOFTWARE CORPORATION
Software: Election Night Reporting, also known as ENR
Subscription: the services and license provided by SOE SOFTWARE to the Customer under the terms
and conditions of this Agreement as defined in Articles 2 and 3.

13

ARTICLE 2.- SOFTWARE SUBSCRIPTION
2.1. Provision of the SOFTWARE. Under the terms and conditions hereunder agreed SOE SOFTWARE
provides the Customer with (i) the SOFTWARE as SaaS; (ii) Maintenance and support services as defined
in Article 4; and (iii) hosting for the SOFTWARE (all of them referred hereinafter as the Subscription).
2.2. Grant of License. Subject to the terms and conditions of this Agreement and payment of the
Subscription fees, SOE SOFTWARE hereby grants the Customer a non-exclusive, non-perpetual, nontransferable license to use the SOFTWARE and the Documentation for internal purposes.
2.3. Reservation of Rights. The SOFTWARE and Documentation are licensed, not sold. SOE SOFTWARE
and affiliates own and shall retain all right, title, and interest (including without limitation all patent
rights, copyrights, trademark rights, trade secret rights and all other intellectual property rights), in and
to the SOFTWARE and Documentation and any copies, corrections, bug fixes, enhancements,
modifications, Updates, Upgrades, or new versions thereof, all of which shall be deemed part of the
SOFTWARE, as the case may be, and subject to all of the provisions of this Agreement. The Customer
shall keep the SOFTWARE and Documentation free and clear of all liens, encumbrances, and/or security
interests. No rights are granted to the Customer pursuant to this Agreement other than as expressly set
forth in this Agreement.
2.4. Restrictions. The Customer shall not (and shall not allow its customers or any third party) to: (a)
modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the
SOFTWARE and/or Documentation, except to the extent that such restriction is permitted by applicable
law; (b) circumvent any user limits or other license timing or use restrictions that are built into the
SOFTWARE; (c) sell, resell, rent, lend, transfer, distribute, license, sublicense or grant any rights in the
SOFTWARE and/or Documentation in any form to any person without the written consent of SOE
SOFTWARE except for the right to authorize the use of the SOFTWARE by its customers under the terms
and conditions hereunder agreed; (d) remove any proprietary notices, labels, or marks from the
SOFTWARE and/or Documentation except those trademarks which are configurable; (e) unbundle any
component of the SOFTWARE and/or Documentation; (f) build a product or service that is competitive
with the SOFTWARE; (g) copy any ideas, features, functions or graphics of the SOFTWARE and/or
Documentation; (h) copy, frame or mirror any part of the SOFTWARE; (i) permit any third party to access
the SOFTWARE or (i) use the SOFTWARE and/or the Documentation in violation of applicable laws.

ARTICLE 3.- HOSTING AND INSTALLATION
3.1. SOE SOFTWARE shall provide the Customer with the following services included in the Subscription
Fee as defined in Article 2.
a. Hosting of the SOFTWARE in SOE SOFTWARE’s servers in a Cloud Hosted Data Center rented by
SOE SOFTWARE located in the US and providing the Customer access to the hosted SOFTWARE
seven (7) days per week, twenty-four (24) hours per day except for scheduled maintenance.
b. Installation, test and initial system set up in the servers in the Data Center.
c. Standard documentation including setup and back-office user guides in English.

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14

3.2. SOE SOFTWARE shall provide the Customer with the following hosting support and service level:
a. Availability of 99.9% uptime (excluding scheduled maintenance windows).
b. Reporting tools will be available upon request to show historical data.
c. Full infrastructure and network redundancy using distributed cloud locations.

ARTICLE 4.- MAINTENANCE AND SUPPORT SERVICES
4.1. During the Term of this Agreement, SOE SOFTWARE shall provide the Customer with maintenance
services and third-level support in accordance with the Service Level Agreement attached hereto as
Appendix 1, being an integral part of this Agreement, which shall consist of (i) the updating and
upgrading of the SOFTWARE and (ii) the modification and/or adaptation of the SOFTWARE in order to
correct and solve any defects, errors, or malfunctions in the SOFTWARE.
4.2 The support services provided by SOE SOFTWARE include:







Account Management support, such as application setup review and questions; content updates;
and technical support.
Support services are limited to 8 hours. When you have reached 80% of the allotted support
service hours, you will be notified, and you may choose to add additional hours via a work order.
If the issue is determined to be a product error, hours will not be deducted. Reference section
9.1 for the support service price table.
If additional support service hours are not purchased and they are required due to a non-product
error, the customer will be charged at a rate of $150/hr.
Refunds or carry over are not considered if the allotted support service hours are not consumed
at the end of the Agreement (and on a yearly basis).
As a courtesy, SOE SOFTWARE provides election event monitoring of the platform by Account
Management and IT Engineers.

4.3 Services delivered are in-line with the original proposal.
4.4 The PARTIES have appointed the following persons as their respective Single Point of Contact (SPOC)
CUSTOMER: Mark Senger, Director of Elections
Email: [email protected]

SOE SOFTWARE: Dorothy Salatino
Email: [email protected]

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15

ARTICLE 5.- CUSTOMER AND CUSTOMER DATA
5.1. As between SOE SOFTWARE and the Customer, Customer exclusively owns all rights, title, and
interest in and to all its Data.
5.2. SOE SOFTWARE shall not access Customer's Data, except to prevent or respond to service or
technical problems or otherwise at Customer's request. SOE SOFTWARE shall not disclose any Customer
Data except as compelled by law or as expressly permitted in writing by Customer.
5.3 All assets created by SOE SOFTWARE remain under the ownership of SOE SOFTWARE. This includes
work files, images, graphics, and video footage.

ARTICLE 6.- DATA PROTECTION
6.1. In order to provide Maintenance and Support Services, under this Agreement SOE SOFTWARE may
need to have access or process personal data under the control of the Customer. In that case, SOE
SOFTWARE, as data processor, undertakes to comply with the requirements set forth in the applicable
data protection laws and regulations and, in particular:
a. to process the personal data only in accordance with the instructions provided by the Customer
as data controller;
b. to not apply or use the personal data for a purpose other than set out in this Agreement, and
c. to not communicate the personal data to other persons even for their preservation.
6.2. SOE SOFTWARE warrants having in place the required security measures to avoid loss or
unauthorized access or use of the personal data to be processed by SOE SOFTWARE on behalf of the
Customer under this Agreement.
6.3. Upon termination of this Agreement pursuant to Article 8, SOE SOFTWARE shall destroy or return to
the Customer the personal data processed by SOE SOFTWARE on behalf of the Customer under this
Agreement together with any support or document containing personal data.

ARTICLE 7.- CUSTOMER RESPONSIBILITIES
7.1. The CUSTOMER is responsible for all activities that occur in its accounts and for its compliance with
the Subscription Agreement.
7.2. The CUSTOMER shall: (i) use best practices and have sole responsibility for the accuracy, quality,
integrity, legality, reliability, and appropriateness of all Customer Data (ii) use commercially reasonable
efforts to prevent unauthorized access to, or use of, the SOFTWARE, and notify SOE SOFTWARE
promptly of any such unauthorized access or use; and (iii) comply with all applicable local, state,
provincial, federal, and foreign laws in using the SOFTWARE.
7.3. The CUSTOMER acknowledges that SOE SOFTWARE’s ability to deliver the SOFTWARE and the
related Services is dependent upon CUSTOMER’s full and timely cooperation with SOE SOFTWARE.

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7.4. SOE SOFTWARE requires seven business days to review, and/or deliver on any requests from the
CUSTOMER related to Maintenance and Support Services (Article 4).
7.5. SOE SOFTWARE will not be liable for any delays in the delivery caused by CUSTOMER or resulting
from CUSTOMER’s failure to fulfill any of its obligations.

ARTICLE 8.- SUBSCRIPTION TERM AND TERMINATION
8.1. This Agreement shall be valid and remain in full force and effect for a term of three (3) years as of
the Effective Date (the Initial Term).
8.2. By mutual agreement, the PARTIES may, but shall not be obliged to, renew this Agreement in
writing (each new term the “Renewal Term”). The Fee for any successive Renewal Term shall be equal
to the Fee at the end of the Extended Term or any Renewal Term, as applicable, increased by a
minimum of five (5)%.
8.3. This Agreement may be terminated, within the Initial Term or any Renewal Term, for cause upon
thirty (30) calendar days prior written notice in the event a Party hereto:
a. Is in material breach of this Agreement and fails to remedy such breach within thirty (30) calendar
days after receipt of prior written notice by the non-defaulting Party pursuant to Article 17.1 of
this Agreement.
b. Does not pay the yearly Subscription Fee, after being requested in writing to do so by SOE
SOFTWARE and without prejudice of the interests set forth in Article 9.6.
c. Becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency,
receivership, liquidation, or assignment for the benefit of creditors.
8.4. Upon termination or expiration of this Agreement the Customer shall unless otherwise set forth in
this Article 8 immediately cease the use of the SOFTWARE and if applicable delete and/or destroy all
copies of the SOFTWARE. All assets created by SOE SOFTWARE remain the ownership of SOE
SOFTWARE. This includes work files, images, graphics, and video footage.
8.5. Termination shall not relieve the CUSTOMER of the obligation to pay any fees accrued or payable to
SOE SOFTWARE prior to the effective date of termination.

ARTICLE 9.- FEES FOR SUBSCRIPTION AND OTHER SERVICES
9.1. The Customer shall pay to SOE SOFTWARE as the price of the Subscription (Subscription fee) for the
Initial Term the following fees per year which will be paid upfront at the beginning of each year term:
Annual Assurance
SOE SOFTWARE Election Night Reporting
Implementation Fees & Annual Assurance
Year 1

Fee
$ 11,700.00

Invoicing Date
Invoiced upon signature of this
contract. Due within 30 days of
invoicing.

SOE SOFTWARE Election Night Reporting
(ENR) Implementation & Annual Assurance
(01/10/2027 – 01/09/2028)

$ 5,200.00

January 31, 2027

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SOE SOFTWARE Election Night Reporting
(ENR) Annual Assurance
(01/10/2027 – 01/09/2028)

$ 5,200.00

January 31, 2028

9.2. At least ninety (90) days from the end of the (Initial Subscription) Term, the PARTIES agree to review
this Subscription Agreement and, should both PARTIES agree to renew or extend the Subscription (The
Renewal Term), SOE SOFTWARE may increase the License fee for any Renewal Term by at least 5% with
thirty (30) days’ prior notice to CUSTOMER.
9.3. Unless otherwise provided to the contrary in this Agreement, all fees are non-cancellable, nonrefundable cannot be decreased during the relevant Subscription Term, and will be maintained up to
70,000 registered voters.
9.4. All Fees, whether for the Initial Term or any of the Renewal Term, are exclusive of taxes.
9.5. If the Customer does not pay an invoice by the due date for payment, SOE SOFTWARE may charge
and the Customer shall pay in conjunction with the unpaid amount, interest at the rate lesser of 2% per
month or the maximum rate permitted by law, calculated on the daily balance of the unpaid amount
from the due date for payment until that unpaid amount (including accrued interest) is paid in full.

ARTICLE 10 - SCOPE AND LIMITATION OF AFFILIATE’S AUTHORITY
Nothing in this Agreement shall be deemed to create an agency relationship or the relationship of
employer and employee, master and servant, franchiser and franchisee, partnership or joint venture
between the PARTIES. It is understood that the relationship between SOE SOFTWARE and the Customer
shall be that of independent contractors.

ARTICLE 11. - CONFIDENTIAL INFORMATION
11.1. Each PARTY agrees and shall undertake to ensure that any and all information received by it in
connection with this Agreement which is derived from the Agreement or another PARTY (however
acquired and in whatever form) and which is designated by means of appropriate text to be or
otherwise should be seen to be of a proprietary or confidential nature shall be treated by it as
confidential, and neither PARTY shall disclose all or any part of it to any third-party or otherwise seek to
exploit all or any part of it without the prior written consent of the other PARTY. This Article 11 shall not
apply to information which at any time comes into the public domain through no fault of any PARTY.
11.2. Each PARTY agrees to make all reasonable efforts to prevent any of its employees or personnel or
any other person(s) from obtaining or making any unauthorized use of, or affecting any disclosure of,
any confidential information.
11.3. Any confidential information furnished by a PARTY shall remain the property of the PARTY from
which it is derived and, upon termination of this Agreement for any cause whatsoever, the other PARTY
shall cease to use the same and shall destroy or return the same to the PARTY from which it is derived
together with all related documents and copies.

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11.4. Notwithstanding Article 8 with respect to the term of this contract, the obligations in this Article 11
shall bind the PARTIES during the term of this Agreement and for three (3) years after this Agreement is
terminated for whatever cause.
11.5. This Agreement imposes no obligation upon a Recipient with respect to Confidential Information
which (a) was known to the Recipient before receipt from the Discloser; (b) is or becomes publicly
available through no fault of the Recipient; (c) is rightfully received by the Recipient from a third party
without a duty of confidentiality; (d) is disclosed by the Discloser to a third party without a duty of
confidentiality on the third party; (e) is independently developed by the Recipient without a breach of
this Agreement; or (f) is disclosed by the Recipient, without a confidentiality requirement imposed on
the third party receiving the disclosure, with the Discloser’s prior written approval. If a Recipient is
required by a government body or court of law to disclose Confidential Information, the Recipient
agrees to give the Discloser reasonable advance notice so that Discloser may contest the disclosure or
seek a protective order.

ARTICLE 12.- WARRANTIES AND DISCLAIMERS
12.1. SOE SOFTWARE represents and warrants that (i) the SOFTWARE will perform materially in
accordance with the specifications and requirements of Appendix I for the Subscription Term; (ii) the
SOFTWARE will not contain any Malicious Code at the time of delivery to the Customer; (iii) SOE
SOFTWARE owns the rights in the SOFTWARE and Documentation to grant to the Customer the rights to
use the SOFTWARE and Documentation granted herein; and (iv) to its knowledge, the SOFTWARE and
Documentation do not infringe any intellectual property rights of any third party. SOE SOFTWARE does
not warrant, however, that the Customer's use of the SOFTWARE will be uninterrupted, and that the
operation of the SOFTWARE will be error-free.
12.2. In the event of a breach during the applicable warranty period of one or more of the warranties set
forth in Section 12.1 hereof, SOE SOFTWARE shall use reasonable commercial efforts to correct such
breach of the warranty. If SOE SOFTWARE is unable to remedy the breach of warranty within a
reasonable time, SOE SOFTWARE shall refund the purchase price of the SOFTWARE.
12.3. The foregoing warranty is only applicable if SOE SOFTWARE receives written notice of a breach of
warranty within thirty (30) days after the end of the applicable warranty period. Such notice must
contain sufficient information regarding the circumstances under which the warranty breach can be
observed. The warranty shall not apply to the extent that the breach is caused by misuse, negligence,
accident, unauthorized modification, alteration, customization or repair, improper operation or
maintenance.
12.4. The warranties set out in section 12 hereof are the only warranties provided by SOE SOFTWARE
and the remedies set out in section 12.2 hereof are the sole and exclusive remedies of the customer for
a breach of warranty.

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ARTICLE 13.- INTELLECTUAL PROPERTY INFRINGEMENT INDEMNIFICATION
13.1. Subject to this Agreement, SOE SOFTWARE shall defend, indemnify and hold the Customer
harmless against any loss, damage, or costs (including reasonable legal fees) incurred in connection with
claims, demands, suits, or proceedings made or brought against the Customer by a third party alleging
that the use of the SOFTWARE and Documentation as contemplated hereunder infringes the intellectual
property rights of a third party (each an “Infringement Claim”); provided, that the Customer (a)
promptly gives written notice of the Infringement Claim to SOE SOFTWARE; (b) gives SOE SOFTWARE
sole control of the defense and settlement of the Infringement Claim (provided that SOE SOFTWARE
may not settle or defend any Infringement Claim unless it unconditionally releases the Customer of all
liability); and (c) provides to SOE SOFTWARE all reasonable assistance and information.
13.2. If (a) SOE SOFTWARE becomes aware of an actual or potential Infringement Claim, or (b) the
Customer provides SOE SOFTWARE with notice of an actual or potential Infringement Claim, SOE
SOFTWARE may (or in the case of an injunction against the Customer, shall), at SOE SOFTWARE’ sole
option and determination: (i) procure for the Customer the right to continue to use the SOFTWARE; or
(ii) replace or modify the SOFTWARE with equivalent or better SOFTWARE so that the Customer’s use is
no longer infringing; or (iii) if (i) and (ii) are not commercially reasonable, as determined by SOE
SOFTWARE in its sole discretion, terminate the license(s) for such SOFTWARE and refund to the
Customer that portion of any prepaid subscription fees that is applicable to the period following the
termination of the Subscription pursuant to this Section 13, less any outstanding moneys owed on such
affected portion of the SOFTWARE.
13.3. The indemnity in this Article does not extend to (1) any Infringement Claim based upon
infringement or alleged infringement of any patent, trademark, copyright or other intellectual property
right by the combination of the SOFTWARE furnished by SOE SOFTWARE with other products,
SOFTWARE or services not provided or approved by SOE SOFTWARE, other than SOFTWARE designed by
SOE SOFTWARE with certain commercial hardware or other commercially available SOFTWARE, if such
infringement would have been avoided but for such combination; (2) any Infringement Claim related to
or in connection with any modification of the SOFTWARE by anyone other than SOE SOFTWARE if such
infringement would have been avoided but for such combination; (3) any Infringement Claim in respect
to any version of the SOFTWARE other than the most current version; or (4) any use, distribution,
sublicensing or exercise of any other right outside the scope of the licenses granted in this Agreement.
13.4. This article 13 contains SOE SOFTWARE’s entire liability, and the customer’s sole and exclusive
remedies, for infringement claims.

ARTICLE 14.- CUSTOMER INDEMNIFICATION
The Customer shall defend, indemnify and hold SOE SOFTWARE harmless against any loss, damage or
costs (including reasonable attorneys' fees) incurred in connection with any claims, demands, suits, or
proceedings made or brought against SOE SOFTWARE by a third party alleging that the Customer’s Data
or the Customer use of the SOFTWARE and Documentation in violation of this Agreement, infringes the
intellectual property rights of, or has otherwise harmed, a third party; provided, that SOE SOFTWARE
(a) promptly gives written notice of the third party claim to the Customer; (b) gives the Customer sole
control of the defense and settlement of the third party claim (provided that the Customer may not

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settle or defend any third party claim unless it unconditionally releases SOE SOFTWARE of all liability);
and (c) provides to the Customer, at the Customer's cost, all reasonable assistance and information.

ARTICLE 15.- LIMITATION OF LIABILITY
15.1. Subject to section 15.3. Hereof, in no event shall either party have any liability to the other party
for any indirect, special, incidental, punitive, or consequential damages (including, without limitation,
damages for loss of business, loss of profits, business interruption, loss of data, lost savings or other
similar pecuniary loss).
15.2. Limitation of Liability. Subject to section 15.3 hereof, in no event shall either party's aggregate
liability arising out of or related to this agreement or relating to the subject matter hereof for all claims,
costs, losses, and damages exceed the amounts actually paid by and due from the customer hereunder
in the twelve months preceding the incident giving rise to liability.
15.3. Notwithstanding the foregoing, no limitation of either party’s liability set forth in this agreement
shall apply to (i) damages arising from a party’s breach of its confidentiality obligations, (ii)
indemnification claims, (iii) damages arising from infringement of a party’s intellectual property rights;
(iv) any claims for non-payment, (v) fraud or willful misconduct, or (vi) bodily injury or death.

ARTICLE 16.-NOTICES
16.1. All notices given pursuant to this Agreement shall be given personally or be sent by facsimile, email, or hand delivery; or by express delivery/courier service to a PARTY’s address set forth in Articles
16.2 and 16.3, with all postage or other charges of conveyance prepaid and shall be effective upon the
actual receipt thereof.
16.2. Unless and until otherwise notified to SOE SOFTWARE, Customer’s address for the purposes of this
agreement shall be:

McLean County, IL
115 E. Washington Street, Room 102
Bloomington, Illinois 61701
Attention: Mark Senger, Director of Elections
Email: [email protected]
16.3. Unless and until otherwise notified to the Customer, SOE SOFTWARE’s address for the purposes of
this agreement shall be:
SOE SOFTWARE CORPORATION
5401 W. Kennedy Blvd., Suite 100,
Tampa, FL 33609
Attention: Jonathan Brill
Email: [email protected]
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ARTICLE 17 - OTHER PROVISIONS
17.1. Cure Any failure by a PARTY to meet any of its obligations under this Agreement, must be
brought to the other PARTY’s attention, in writing. The defaulting PARTY shall have thirty (30) days after
receiving such notification to cure such failure and meet its obligations.
17.2. No Waivers The failure of either PARTY to this Agreement to exercise any of its rights hereunder
upon breach by the other PARTY or any condition, covenant or provision contained in this Agreement
shall not be construed as a waiver thereof, nor as a waiver of the same or any other default
subsequently occurring.
17.3. Headings The headings of the articles and sections in this Agreement are employed, and are for,
the convenience of reference only and do not form a part hereof and in no way modify, interpret, or
construe the meanings of the PARTIES.
17.4. Severability If any provision of this Agreement is determined to be unenforceable, the remaining
provisions of the Agreement shall remain in effect to the extent possible in the absence of the
unenforceable provision.
17.5. Authority Each PARTY represents and warrants that the undersigned has full authority to
execute this Agreement and to bind the PARTY to the terms and provisions herein.
17.6. Jurisdiction This Agreement shall be construed in accordance with and governed by the laws of
Illinois and each party agrees to submit to the jurisdiction of the courts of McLean County, IL.
17.7. Entire Agreement This Agreement contains the entire agreement between the PARTIES, and all
prior or contemporaneous agreements and understandings, oral or written (including, without
limitation, any correspondence, proposed drafts, or term sheets) are merged herein and superseded
hereby. No modification, waiver, amendment, discharge, or change of this Agreement shall be valid
unless done so in writing and signed by both PARTIES.
17.8. Transfer of Right Neither PARTY shall transfer or assign any and all of its rights or obligations
under this Agreement without the prior written consent of the other PARTY. Consent shall not be
unreasonably withheld.
17.9. Force Majeure Neither PARTY will be responsible for any failure to perform hereunder due to
unforeseen circumstances or cause beyond the non-performing PARTY’s reasonable control including,
without limiting the foregoing, a strike or other labor disturbance, lock-out, riot, delay in transportation,
the inability to secure labor, materials, supplies or equipment, an act of God or the elements, fire, flood,
or accidents, an act of war or conditions arising out of or attributable to war, laws, rules, and regulations
of any governmental authority, procedures relating to environmental matters, delay in the issuance of
required permits or approvals with respect to any operations or activities, or any other matters or
conditions which are beyond the reasonable control of such PARTY, whether or not similar to the
matters and conditions herein specifically enumerated. This Article 17.9 does not apply to excuse a
failure to make payments when due.

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17.10 Counterparts This Agreement may be executed in two or more counterparts, and each
counterpart shall become binding when the other(s) has or have been signed as if it had been signed by
each PARTY. Facsimile signatures shall be considered original signatures for the purposes of execution
and enforcement of the rights and obligations described herein.

IN WITNESS WHEREOF, the PARTIES have duly executed this Agreement on this date first written above
intending to be bound thereby,

McLean County, IL

SOE SOFTWARE CORPORATION

_________________________
By:

Mark Senger

By: Jonathan Brill

Title: Director of Elections

President & General Manager

Date:

Date:

___________________

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___________________

APPENDIX 1
1

Software Maintenance and Support – Technical Service description

1.1

Definitions

The definitions used in the Agreement are incorporated herein by reference. In addition, the following terms shall
have the following meaning:


“Software maintenance” is defined as the process of modifying a software system or component after delivery
to correct faults, errors and bugs; to improve performance or other attributes; or to adapt to a changed
environment.



“Perfective maintenance” includes modifications and upgrades done in order to keep the software usable over
a long period of time. It includes new features and new user requirements for refining the software and
improving its reliability and performance.



“Adaptive maintenance” includes modifications and upgrades applied to keep the software product up-to-date
and tuned to the changing environment.



“Preventive maintenance” includes modifications and upgrades to prevent future issues of the software. It aims
to attend problems, which are not significant at this moment, but may cause serious issues in the future.



“Corrective maintenance” includes modifications and upgrades done in order to correct or fix faults, errors, and
bugs, which are either discovered by the Customer or concluded by user error reports.



“Response time” means the time elapsing between the reporting of an Issue by a Customer and the response
from a SOE SOFTWARE’s Technical Support Services engineer acknowledging receipt of the reported Issue.



“Diagnosis time” means the time elapsing between the Response time and the diagnosis of the Issue made by
SOE SOFTWARE’s Technical Support Services engineer.



“Issue” means either:
A failure of the Software to conform to the specifications set out in the documentation relating to that version
of the Software, resulting in the inability to use, or restriction in, the use of the Software; or
A problem in current features requiring new procedures, clarifications, additional information, and/or requests
for product enhancements.



“Resolution or Patch or Bug Fix” means either a Software modification or addition that, when made or added
to the Software, corrects an Issue, or a procedure or routine that, when observed in the regular installation or
operation of the Software, eliminates the practical adverse effect of the issue on you.



“Upgrade” means a revision or change of version of the Software released by SOE SOFTWARE to its end user
customers generally during the Support Services Term, to add new and different functions or to increase the
capacity of the Software.

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

“Maintenance Release” is a release of or for the Software, that includes the most recent Patches and Upgrades.



“Current Software Version” means the most recently released, commercially available version of the Software
at the time a Customer Support Contact relates a particular support incident to SOE SOFTWARE hereunder.



“Supported Versions” means SOE SOFTWARE’s obligations with respect to the Maintenance Services, which
shall apply only to those versions of the Software that are within one (1) year time frame of the Current Software
Version.



“Hosted System” means Software hosted by SOE SOFTWARE externally in its data center to which the Customer
may access it over the Internet from anywhere at any time.



“Annual Pool of Hours” means the number of support hours as captured in the contract. Support hours may
include application “how to” questions, content modifications and technical support. Application issues as a
result of SOE SOFTWARE product updates and hosting are not deducted from the pool of hours.

1.2

General Terms and Conditions

The Customer shall be entitled to the following Support and Maintenance services during the Term and upon
payment of the Fee:
1.2.1

SOE SOFTWARE Technical Services.

SOE SOFTWARE Support and Maintenance Services include perfective, adaptive, preventive, and corrective
maintenance in relation to Supported Versions. The Support Services do not include any post-installation
configuration or development support, such as integrations of the Software with the user or third-party developed
software or data, configuration advice that is not related to the initial installation and setup, or non-bug related
technical problem resolution.
1.2.2

Resolutions and Severity levels.

SOE SOFTWARE will make commercially reasonable efforts to provide a resolution or patch designed for resolving
a reported issue in accordance with the Service Schedule hereto. If such an issue has been resolved or corrected
already in an existing Maintenance Release, the Customer must install and implement that Maintenance
Release/Upgrade; otherwise, the resolution for critical and high-severity issues may be provided in the form of a
temporary patch (fix, procedure, or routine) to be used until a Maintenance Release containing the resolution is
available. The priority level shall be agreed between the parties following the priority levels described below:

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Severity

CRITICAL

Description

Details

An immediate and sustained effort using all available
resources until the issue is resolved.

Technicians
HIGH

respond

immediately,

assess

the

situation, and may interrupt other staff working low



Business critical function is down



Major impact to Customer’s business



No workarounds exist



Business critical function is impaired or degraded



There are time-sensitive issues that impact
ongoing production

or medium priority jobs for assistance.

MEDIUM

Respond using standard procedures and operating



Workaround exists, but it is only temporary



Non-critical function down or impaired



Does not have a significant current production

within normal Management structures.

LOW

impact

Respond using standard operating procedures and as
time allows.



Performance is degraded



Non-critical, function down or impaired



No business impacts



General Service Enhancements

1.2.3
Technical Support Contacts.
SOE SOFTWARE Maintenance and Support Services will be accessible by one (1) designated contact (Technical
Support Contact) and one (1) backup contact. You may modify your designated Technical Support Contact at
any time during the terms of the service by confirmed email to SOE SOFTWARE’s Technical Support Contact,
who will be the main interface to the SOE SOFTWARE Maintenance and Support Services.
1.2.4
Exclusions from SOE SOFTWARE’s Technical Services.
SOE SOFTWARE is not obligated to provide Technical Services in the following situations:
a) When SOE SOFTWARE determines that the Issue is caused by unauthorized changes or modifications to the
Software provided by SOE SOFTWARE, resulting in malfunctioning of the Software. This is not applicable if
the changes or modifications are made under the direct supervision of SOE SOFTWARE;
b) The Software has been damaged through negligent use by the Customer.
c) The issue is caused by negligence, hardware, malfunction, or other causes beyond the reasonable control
of SOE SOFTWARE;
d) The issue is caused by third-party software not licensed by or through SOE SOFTWARE;
e) The Customer has not installed and implemented a prior Upgrade or Maintenance Release;
f) The Customer has not installed up-to-date browser and system software;
g) The Customer has not paid the Technical Service fees when due;
h) The version of the Software that the Customer is using is not a Supported Version;
i) If the Customer has not complied with SOE SOFTWARE’s license Agreement; or
j) Failures related to an accident, disaster, or other Force Majeure event.
1.2.5
Agreement in Force.
Except as agreed herein, all other terms and conditions of the Agreement shall apply with full force and effect
to this Service Level Agreement.

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1.3

Escalation Process

For each issue:
1. The Customer’s Technical Support Contact will notify SOE SOFTWARE of the issue through the agreed
channels;
2. A SOE SOFTWARE Technical Support contact will acknowledge the reception of the issue;
3. A SOE SOFTWARE Technical Support contact will do an initial diagnosis and complete the incident details in
the Incident Management Tool:
 Services affected;
 Level of disruption;
 Cause of the incident, if known;
 Estimated time to resolve the issue or time of next update;
4.
5.

1.4

 Feasible workaround.
The SOE SOFTWARE Technical Support contact will call or email the Customer’s Technical Support Contact
providing the diagnosis and incident identifier and will agree on a Criticality Level based on a predefined set
of criteria;
The SOE SOFTWARE Technical Support contact will provide regular updates on the incident status.

Service Level Agreements (SLAs)

To guarantee a smooth and efficient relationship between SOE SOFTWARE and its partners, SOE SOFTWARE
assigns a Service Manager (Account Manager) who will be the main point of contact to coordinate regular
maintenance and support activities.
The Service Manager will periodically report on the different activities performed, as well as the status of the
contracted pools of support hours (if any).
What is included



Single Point of Contact (SPOC)

What is not included



Project Management activities for Electoral Events

1.4.1

Issue Response.

In the event the Hosted System fails to perform as required by this Agreement (an “Issue”), the following Issue
Response Procedure shall apply: Customer will notify SOE SOFTWARE of any identified Issue as soon as possible.
The Customer will also provide the reasonable availability of a single point of contact to assist SOE SOFTWARE in
resolving any Issue with the Software. Upon notification of an Issue, Customer and SOE SOFTWARE by mutual
agreement in good faith shall classify the severity of the Issue based on the levels detailed in Section 1.2.2. SOE
SOFTWARE shall follow up with Customer with a telephone call or email response within 30 minutes upon
notification of an Issue, subject to the Issue levels below. During the follow-up telephone or email, SOE
SOFTWARE shall provide the Customer with an initial assessment of the Issue in conjunction with any identified
steps for the parties to mitigate the Issue.

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Severity

Response Time

Critical Priority

0-30 minutes (during business hours)

High Priority

Within 2 hours

Medium Priority

Within 24 hours

Low Priority

Within 5 working days

1.4.2
Service Details.
SOE SOFTWARE’s Software Support and Maintenance Service is divided into different sub-services:
 Service availability;
 Planned Maintenance Service and Technical Support;
 Hosting.
Further details are provided below.
1.4.2.1

Service Availability.

Service hours

Monday to Friday from 8 AM to 5 PM EST (Eastern Time)
On-call staff can be reached via the support telephone and/or support email. Calls
received outside of Service Support Hours will be forwarded to the on-call service

After hours support

manager’s mobile telephone.
Email support is available using the support email [email protected].
Calls and emails received outside of the service time frame will receive a response in
accordance with the priority of the reported issue.

Response time

Dependent on issue priority (see section Error! Reference source not found.)

Diagnosis time

Dependent on issue priority (see section Error! Reference source not found.)

Service volume

Annual pool of hours (see contract).


In the event of consuming the whole bundle of hours, an additional pool of hours
could be purchased;

Rules of use


Refunds or carry over are not considered if the pool of hours is not consumed at the
end of the Agreement (and on a yearly basis).

1.4.2.2

Planned Maintenance Service and Technical Support.

1.4.2.2.1
Service Description – Planned Maintenance
SOE SOFTWARE is responsible for guaranteeing the quality of the Software provided under the Agreement, as well
as facilitating the inclusion of new features as a result of a product evolution. Upon a Maintenance Release, SOE
SOFTWARE guarantees the data integration for the Supported Versions.
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What is included



Perfective maintenance;



Adaptive maintenance;



Preventive maintenance (including updates such as digital certificates);



Corrective maintenance.



Extension of any existing functionality, which should be handled via the Change
Management process;

What is not included


The development of any new functionality, which should be handled via the Change
Management process.

1.4.2.2.2

Service details – Planned Maintenance
Monday to Friday from 9 AM to 5 PM EST

Service hours

Maintenance activities may be planned as after-hours service or during the weekends as
agreed by the Customer.

Response time
Diagnosis time

Within 2 working days


Critical and High severity issues - Within 8 service hours



Medium severity issues - Within 16 service hours

1.4.2.2.3
Service Description – Specialized Technical Support Service
SOE SOFTWARE provides specialized technical support for those software components embedded in the provided
solution. The specialized technical support includes responses to technical questions and providing technical
support during maintenance or testing activities 1. The support service will be handled through the defined
Technical Support Contacts.


Response to technical questions related to the products making up the solution;



Deployment or support to the deployment on the Licensee’s infrastructures after a

What is included

What is not included

1

Maintenance Release;


Ad-hoc digital signature of applications after a Maintenance Release;



Ad-hoc Trusted Build activities after a Maintenance Release.



Support on solution configuration for specific electoral processes.

Technical support during specific electoral processes is an optional service that is not included under this service

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1.4.2.2.4

Service details – Specialized Technical Support Service

Service hours

Monday to Friday from 9 AM to 5 PM EST

Response time

Within 2 working days

Diagnosis time

Within 3 working days

Service volume

Annual pool of hours (see proposal/contract).

1.4.2.3
Hosting.
SOE SOFTWARE is responsible for new releases, security, maintenance, and uptime and will provide the Customer
with the following services:
a. Hosting of the software on SOE SOFTWARE’ servers in an Amazon Data Center rented by SOE SOFTWARE
located in the US and providing the Customer access to the hosted SOFTWARE seven (7) days per week,
twenty-four (24) hours per day, except for scheduled maintenance.
b. Installation, test, and initial system set up in the servers in the Data Center.
SOE SOFTWARE will provide the Customer with the following support and service level:
a.
b.
c.

Availability of 99.9% uptime (excluding scheduled maintenance windows).
Full infrastructure and network redundancy using distributed cloud locations.
Reporting tools will be available upon request to show historic data.

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Kathy Michael

McLean County Clerk

Phone: (309) 888-5190 Fax (309) 888-5932
115 E. Washington Street, Room 102 PO Box 2400 Bloomington, IL 61702-2400
Website: www.mcleancountyil.gov/countyclerk
Email: [email protected]

January 7, 2025

TO: Honorable Chair Laymon and Members of the Finance Committee
FROM: Kathy Michael, McLean County Clerk
RE: Request approval to amend agreement to add “Program Your Own” license
We are requesting approval to add a “Program Your Own” (PYO) software license to our
contract with vendor Election Systems & Software (ES&S) that will allow us to create our own
ballots. This would replace the service in the current contract of sending our data to a different
state to be input into a similar program by others. This will allow us to create our ballots within
the office, reducing cost and wait time. We anticipate a savings of over $13,000 from making
this change.
This amendment includes one-on-one in-office attention from our vendor to create the ballots. It
gives us the ability to make any changes to our ballots in-house, saving on charges for updates,
corrections and additions that need to be made. The agreement contains an auto-renewal clause
like the one in our current contract with this vendor. This avoids major annual price increases
for the addition of the PYO license, but still gives us the ability to discontinue the service if we
so choose.
With the addition of this software, we will now have the ability to print sample ballots and load
elections onto the required drives immediately without relying on a vendor.
We wish to use this software beginning with the March 17 Primary Election.

31

11208 JOHN GALT BLVD
OMAHA, NE 68137-2364
(402) 593-0101

Sales Order Agreement
B.O. #: 4523

1st Election Date: March 17, 2026
Estimated Delivery Date: December 2025
Customer Contact, Title: Kathy Michael - County Clerk

Phone Number: 309-888-5190

Customer Name: McLean County, Illinois

Fax Number: N/A

Bill To:

Ship To:

McLean County, Illinois

McLean County, Illinois

Kathy Michael - County Clerk

Kathy Michael - County Clerk

115 E. Washington Street

115 E. Washington Street

Bloomington, IL 61701

Bloomington, IL 61701

Item

Description

Qty

Price

Total

1

Software

Electionware Software - PYO Base Package

1

$42,800.00

$42,800.00

2

Shipping

Shipping & Handling

1

Included

Included

Order Total

Will Nesbitt
Regional Sales Manager

V.P. of Finance

Customer Signature

Date

$

42,800.00

Date

Title

100% of Order Total due Thirty (30) Calendar Days after the later of (a) Software Delivery, or (b) Receipt of Corresponding ES&S
Invoice.

Payment Terms

Invoices are due net 30 from invoice date.
Note 1: Any applicable state and local taxes are not included, and are the responsibility of the Customer.

Warranty Period (Years):

One (1) Year from Software Delivery

Software License, Maintenance and Support Services (Post-Warranty Period)
The terms, conditions, and pricing for the Software License, Maintenance and Support Services (Post-Warranty Period) are set forth in Exhibit A attached hereto.
SEE GENERAL TERMS

32

GENERAL TERMS
1.
License Terms. Subject to the terms and conditions of this Agreement, ES&S agrees to
license, and Customer agrees to license, the ES&S Software described on the front side of this
Agreement. The payment terms for the ES&S Software are set forth on the front side of this
Agreement.
2.
Grant of Licenses. Subject to the terms and conditions of this Agreement, ES&S hereby
grants to Customer nonexclusive, nontransferable licenses for its bona fide full time, part time or
temporary employees to use the ES&S Software and related Documentation in the Jurisdiction and
timely pays the applicable annual ES&S Software License, Maintenance and Support Fees set forth
on Schedule A1. The licenses allow such bona fide employees to use and copy the ES&S Software
(in object code only) and the Documentation solely for the purposes of defining and conducting
elections and tabulating and reporting election results in the Jurisdiction.
3.
Prohibited Uses. Customer shall not take any of the following actions with respect to the
ES&S Software or the Documentation:
a.
Reverse engineer, decompile, disassemble, re-engineer or otherwise create, attempt to
create, or permit, allow or assist others to create, the source code or the structural framework for part
or all of the ES&S Software;
b.
Cause or permit any use, display, loan, publication, transfer of possession, sublicensing
or other dissemination of the ES&S Software or Documentation, in whole or in part, to or by any third
party without ES&S’ prior written consent; or
c.
Cause or permit any change to be made to the ES&S Software without ES&S’ prior
written consent;
d.
Cause or permit any review, testing, examination, or audit of the ES&S Software without
ES&S’ prior written consent; or
e.
Allow a third party to cause or permit any copying, reproduction or printing of any output
generated by the ES&S Software (except finished ballots by ballot printers selected by Customer) in
which ES&S owns or claims any proprietary intellectual property rights (e.g., copyright, trademark,
patent pending or patent), including, but not limited to, any ballot shells or ballot code stock.
4.
Term of Licenses. The licenses granted in Section 2 shall commence upon the delivery of
the ES&S Software described in Section 2 and shall continue for a one (1) year period (the “Initial
License Term). Upon expiration of the Initial License Term, the licenses shall automatically renew for
an unlimited number of successive one-year periods (each a “License Renewal Term”) upon the
payment by Customer of the annual software license and software maintenance and support fee as
set forth on the front side of this Agreement. The license terms for any License Renewal Term shall
be set forth on Exhibit A. ES&S may terminate any of the licenses granted hereunder if Customer
fails to pay the consideration due for, or breaches Sections 2, 3, or 9 with respect to, such licenses.
Upon the termination any of the licenses granted in Section 2 for ES&S Software or upon Customer’s
discontinuance of the use of any ES&S Software, Customer shall immediately return such ES&S
Software and the related Documentation (including any and all copies thereof) to ES&S, or (if
requested by ES&S) destroy such ES&S Software and Documentation and certify in writing to ES&S
that such destruction has occurred.
5.
Updates. During the Initial License Term or any License Renewal Term for which Customer
has paid the associated renewal fees, ES&S may provide new releases, upgrades, or maintenance
patches to the ES&S Software, together with appropriate Documentation (“Updates”), on a schedule
defined by ES&S. Customer is solely responsible for obtaining and purchasing any upgrades or
Third-Party Items required to operate the Updates, as well as the cost of any replacements, retrofits
or modifications to the ES&S Equipment which may be necessary in order to operate the Updates. All
Updates shall be deemed to be ES&S Software for purposes of this Agreement upon delivery.
Updates to the ES&S Equipment Firmware will be incorporated by ES&S into a regularly scheduled
preventative maintenance event at no additional charge to Customer. If Customer requests
installation of an Update at a time other than a regularly scheduled preventative maintenance event,
then Customer shall execute and deliver to ES&S a purchase order therefore and ES&S shall charge
Customer accordingly for such installation. ES&S shall also charge Customer at its then-current rates
to; (i) train Customer on Updates, if such training is requested by Customer and (ii) if applicable,
provide maintenance and support on the ES&S Software that is required as a result of Customer’s
failure to timely or properly install an Update. Notwithstanding the foregoing, Customer shall pay
ES&S to install all ES&S Software Updates. If applicable, Customer shall be responsible for any
claim, damage, loss, judgment, penalty, cost, amount paid in settlement or fee which is caused by
Customer’s failure to install the most recent Update provided to it by ES&S. ES&S represents to
Customer that the Updates will comply with all applicable state law requirements at the time of
delivery. Customer shall be responsible to ensure that it has installed and is using only certified
versions of ES&S Software in accordance with applicable law. In the event that any Updates are
required due to changes in state law, ES&S reserves the right to charge Customer for the following:
(i)

the total cost of any Third-Party Items that are required in order to operate the Updates;

(ii)
the total cost of any replacements, retrofits or modifications to the ES&S Equipment contracted
for herein that may be developed and offered by ES&S in order for such ES&S Equipment to remain
compliant with applicable laws and regulations; and
(iii)
Customer’s pro-rata share of the costs of designing, developing and/or certification by
applicable federal and state authorities of such state mandated Updates.
Customer’s pro-rata share of the costs included under subsection (iii) above shall be determined at
the time by dividing the number of registered voters in Customer’s jurisdiction by the total number of
registered voters in all counties in Customer’s state to which ES&S has sold and/or licensed the
Equipment and/or Licensed Software purchased and licensed by Customer under this Agreement.
Customer shall pay ES&S the entire costs incurred for design, development and certification of any
Update which is required due to a change in local law or is otherwise requested or required by
Customer.
6.
Delivery; Risk of Loss. The Estimated Delivery Dates and First Election Use (if any) set forth
on the front side of this Agreement are estimates and may only be established or revised, as
applicable, by the parties, in a written amendment to this Agreement, because of delays in executing
this Agreement, changes requested by Customer, product availability and other events. ES&S will
notify Customer of such revisions as soon as ES&S becomes aware of such revisions. Risk of loss
for the ES&S Software shall pass to Customer when such items are delivered to Customer’s
designated location. Upon transfer of risk of loss to Customer, Customer shall be responsible for
obtaining and maintaining sufficient casualty insurance on the ES&S Software and shall name ES&S
as an additional insured thereunder and, at ES&S’ request, shall deliver written evidence thereof to
ES&S until all amounts payable to ES&S under this Agreement have been paid by Customer.
7.

Warranty.

a.
ES&S Software. ES&S warrants that for a one (1) year period (the “Warranty
Period”), it will repair or replace any component of the ES&S Software which, while under normal use
and service: (i) fails to perform in accordance with its Documentation in all material respects, or (ii) is
defective in material or workmanship. The Warranty Period will commence upon delivery. ES&S has
no obligation under this Agreement to assume the obligations under any existing or expired warranty
for a Third-Party Item. Any repaired or replaced item of ES&S Software shall be warranted only for
the unexpired term of the Warranty Period. All replaced components of the ES&S Software will
become the property of ES&S. This warranty is effective provided that (I) Customer notifies ES&S
within three (3) business days of the discovery of the failure of performance or defect and is otherwise
in compliance with its obligations hereunder, (II) the ES&S Software to be repaired or replaced has
not been repaired, changed, modified or altered except as authorized or approved by ES&S, (III) the
ES&S Software to be repaired or replaced has been maintained or repaired by an individual other
than an ES&S Representative (IV) the ES&S Software to be repaired or replaced has not been used,
displayed, disseminated, transferred, loaned, disassembled, dismantled, modified, and/or tampered
with by a third party without ES&S prior written consent (V) the ES&S Software to be repaired or
replaced is not damaged as a result of accident, theft, vandalism, neglect, abuse, liquid contact, use
of adhesive materials on ballots, use which is not in accordance with the Documentation or causes
beyond the reasonable control of ES&S or Customer, including acts of God, fire, flooding, riots, acts
of war, terrorism or insurrection, government acts or orders; epidemics, pandemics or outbreak of
communicable disease; quarantines; national or regional emergencies, labor disputes, transportation
delays, governmental regulations and utility or communication interruptions, and (VI) Customer has
installed and is using the most recent update provided to it by ES&S. Upon expiration of the
Warranty Period, Customer shall be entitled to receive Hardware Maintenance and Software
Maintenance and Support Services, the terms of which are set forth on Exhibit A.
b.
Exclusive Remedies/Disclaimer. IN THE EVENT OF A BREACH OF SUBSECTION 7(a),
ES&S’ OBLIGATIONS, AS DESCRIBED IN SUCH SUBSECTION, ARE CUSTOMER’S SOLE AND
EXCLUSIVE REMEDIES. ES&S EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, WHICH ARE NOT SPECIFICALLY SET FORTH IN THIS AGREEMENT,
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. FURTHER, IN THE EVENT CUSTOMER DECLINES
ES&S’ INSTALLATION AND ACCEPTANCE TESTING SERVICES OR IN ANY WAY AT ANY TIME
ALTERS, MODIFIES OR CHANGES ANY EQUIPMENT, SOFTWARE, THIRD-PARTY ITEMS
AND/OR NETWORK (COLLECTIVELY “SYSTEM”) CONFIGURATIONS WHICH HAVE BEEN
PREVIOUSLY INSTALLED BY ES&S OR WHICH ARE OTHERWISE REQUIRED IN
ACCORDANCE WITH THE CERTIFIED VOTING SYSTEM CONFIGURATION, ALL WARRANTIES
OTHERWISE PROVIDED HEREUNDER WITH REPECT TO THE SYSTEM PURCHASED,
LEASED, RENTED AND/OR LICENSED UNDER THIS AGREEMENT SHALL BE VOID AND OF
NO FURTHER FORCE AND EFFECT.
8.
Limitation Of Liability. Neither party shall be liable for any indirect, incidental, punitive,
exemplary, special, or consequential damages of any kind whatsoever arising out of or relating to this
Agreement. Neither party shall be liable for the other party’s negligent or willful misconduct. ES&S’
total liability to Customer arising out of or relating to this Agreement shall not exceed the aggregate
amount to be paid to ES&S hereunder. By entering into this Agreement, Customer agrees to accept
responsibility for (a) the selection of, use of and results obtained from any equipment, software or
services not provided by ES&S and used with the ES&S Software; or (b) user errors, voter errors or
problems encountered by any individual in voting that are not otherwise a result of the failure of ES&S
to perform. ES&S shall not be liable under this Agreement for any claim, damage, loss, judgment,
penalty, cost, amount paid in settlement or fee that is caused by (y) Customer’s failure to timely or
properly install and use the most recent update provided to it by ES&S or (z) Customer’s election not
to receive, or to terminate, the ES&S Software Maintenance and Support.
9.

Proprietary Rights. Customer acknowledges and agrees as follows:

ES&S owns the ES&S Software, all Documentation and training materials provided by ES&S, as well
as the format, layout, measurements, design, and all other technical information associated with the
ballots to be used with any ES&S equipment. Customer has the right to use the aforementioned
items to the extent specified in this Agreement. ES&S also owns all patents, trademarks, copyrights,
trade names and other proprietary or intellectual property in, or used in connection with, the
aforementioned items. The aforementioned items also contain confidential and proprietary trade
secrets of ES&S that are protected by law and are of substantial value to ES&S. Customer shall
keep the ES&S Software and related Documentation free and clear of all claims, liens and
encumbrances and shall maintain all copyright, trademark, patent or other intellectual or proprietary
rights notices that are set forth on the ES&S Software, the Documentation, training materials and
ballots that are provided, and all permitted copies of the foregoing.
10.
Termination. This Agreement may be terminated, in writing, at any time by either party if the
other party breaches any material provision hereof and does not cure such breach within 30 days
after it receives written notification thereof from the non-breaching party.
11.

Disputes.

a.
Payment of Undisputed Amounts. In the event of a dispute between the parties
regarding (1) a product or service for which payment has not yet been made to ES&S, (2) the amount
due ES&S for any product or service, or (3) the due date of any payment, Customer shall
nevertheless pay to ES&S when due all undisputed amounts. Such payment shall not constitute a
waiver by Customer or ES&S of any of its rights and remedies against the other party.
b.
Remedies for Past Due Undisputed Payments. If any undisputed payment to ES&S
is past due more than 30 days, ES&S may suspend performance under this Agreement until such
amount is paid. Any disputed or undisputed payment not paid by Customer to ES&S when due shall
bear interest from the due date at a rate equal to the lesser of one and one-half percent per month or
the maximum amount permitted by applicable law for each month or portion thereof during which it
remains unpaid.
12.
Assignment. Except in the case of a reorganization of the assets or operations of ES&S with
one or more affiliates of ES&S or the sale, transfer or assignment of all or substantially all of the
assets of ES&S or any business operations thereof to a successor who has asserted its intent to
continue the applicable business of ES&S, neither party may assign or transfer this Agreement or
assign, subcontract or delegate any of its rights, duties or obligations hereunder without the prior
written consent of the other party hereto, such consent not to be unreasonably withheld or
conditioned, nor unduly delayed.
13. Compliance with Laws. ES&S warrants to Customer that, at the time of delivery, the ES&S
Equipment and ES&S Software sold and licensed under this Agreement will comply with all applicable
requirements of federal and state election laws and regulations that are mandatory and effective as of
the Effective Date and will have been certified by the appropriate state authorities for use in

33

Customer’s state. The ES&S Equipment and ES&S Software, including all components will be
provided to Customer with a hardened network in accordance with the guidelines of the United States
Election Assistance Commission. In the event Customer fails to maintain ES&S Software in the
hardened network or allows any internal or external access to the hardened network, Customer
agrees to indemnify and hold harmless ES&S from and against any and all claims, damages, losses,
liens, obligations, liabilities, judgments, assessed damages, costs, expenses (including reasonable
attorney's fees) and the like arising out of or related to the Customer’s breach of its obligations
hereunder.
14.
Voting System Reviews. In the event that the Jurisdiction or the State require any future
reviews or examinations (“Reviews”) of current or previous versions of state-certified ES&S voting
systems or components thereof that are not otherwise required as a result of any changes or
modifications voluntarily made by ES&S to the ES&S Software and/or ES&S Equipment licensed and
sold hereunder, Customer shall be responsible for:
(i) Customer’s pro-rata share of such Review costs;
(ii) Customer’s pro-rata share of the costs of designing, developing, manufacturing and/or certification
by applicable federal and state authorities of any mandated modifications to the ES&S Equipment
and/or ES&S Software that may result from such Reviews; and
(iii) the total cost of any Third-Party Items that are required in order for the ES&S Equipment and/or
ES&S Software to satisfy any new requirements resulting from such Reviews in order to remain
certified;
Customer’s pro-rata share of the costs included under subsections 14(ii) and 14(iii) above shall be
determined at the time by dividing the number of registered voters in Customer’s jurisdiction by the
total number of registered voters in all counties in Customer’s state to which ES&S has sold and/or
licensed the ES&S Equipment and/or ES&S Software purchased and licensed by Customer under
this Agreement.
15. Entire Agreement. This Agreement, including all exhibits hereto, shall be binding upon and
inure to the benefit of the parties and their respective representatives, successors, and assigns. This
Agreement, including all Exhibits hereto, contains the entire agreement of the parties with respect to
the subject matter hereof and shall supersede and replace any and all other prior or
contemporaneous discussions, negotiations, agreements or understandings between the parties,
whether written or oral, regarding the subject matter hereof. Any provision of any purchase order,
form or other agreement which conflicts with or is in addition to the provisions of this Agreement shall
be of no force or effect. In the event of any conflict between a provision contained in an Exhibit to this
Agreement and these General Terms, the provision contained in the Exhibit shall control. No waiver,
amendment, or modification of any provision of this Agreement shall be effective unless in writing and
signed by the party against whom such waiver, amendment or modification is sought to be enforced.
No consent by either party to, or waiver of, a breach by either party shall constitute a consent to or
waiver of any other different or subsequent breach by either party. This Agreement shall be governed
by and construed in accordance with the laws of the State in which the Customer resides, without
regard to its conflicts of laws principles. The parties agree that venue for any dispute or cause of
action arising out of or related to this Agreement shall be in the state and federal courts of the United
States located in the State in which the Customer resides. ES&S is providing equipment, software,
and services to Customer as an independent contractor, and shall not be deemed to be a “state
actor” for purposes of 42 U.S.C. § 1983. ES&S may engage subcontractors to provide certain of the
equipment, software, or services, but shall remain fully responsible for such performance. The
provisions of Sections 1-5, 7(b), 8,9, 11(b), and 12-15 of these General Terms shall survive the
termination or expiration of this Agreement, to the extent applicable.

34

EXHIBIT A
ES&S SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES
(POST-WARRANTY PERIOD)
ARTICLE I
GENERAL
1.
Term; Termination. This Exhibit A for Software License, Maintenance and Support
Services shall be in effect for the coverage period as described in Schedule A1 (the “Initial Post-Warranty
Term”). Upon expiration of the Initial Post-Warranty Term, this Exhibit A shall automatically renew for an
unlimited number of successive One-Year Periods (each a “Renewal Period”) until this Exhibit A is
terminated by the first to occur of (a) either party’s written election not to renew, which shall be delivered
to the other party at least sixty (60) days prior to the end of the Initial Post-Warranty Term or any Renewal
Period, as applicable, (b) the date which is thirty (30) days after either party notifies the other that it has
materially breached this Exhibit A, if the breaching party fails to cure such breach (except for a breach
pursuant to subsection (c), which will require no notice), or (c) the date which is thirty (30) days after
Customer fails to pay any amount due to ES&S under this Exhibit A.
2.
Fees. In consideration for ES&S’ agreement to provide Software License, Maintenance
and Support Services under this Exhibit A, Customer shall pay to ES&S the Software License, Maintenance
and Support Fees set forth on Schedule A1 for the Initial Post-Warranty Term. The Software License,
Maintenance and Support Fees for the Initial Post-Warranty Term are due as set forth on Schedule A1.
ES&S may increase the Software License, Maintenance and Support Fees for a Renewal Period by not
more than 10% of the amount of the most recent Fees paid by Customer. All fees for any Renewal Period
shall be due and payable no later than thirty (30) days prior to the beginning of such Renewal Period. The
Software License, Maintenance and Support Fee shall be comprised of a fee for the Software License,
Maintenance and Support provided for the ES&S Software, and shall be in addition to any fees or charges
separately referred to in any Section of this Exhibit A. If Customer elects to receive Software License,
Maintenance and Support for an Add-On or New Product during the Initial Post-Warranty Term or any
Renewal Period thereof, ES&S will charge an incremental Software License, Maintenance and Support Fee
for such services.
ARTICLE II
SOFTWARE LICENSE, MAINTENANCE AND SUPPORT SERVICES
1.
License and Services Provided. ES&S shall provide license, maintenance and support
services (“Software License, Maintenance and Support”) for the ES&S Software, to allow Customer to
continue to license and use the software in accordance with the license terms set forth in Sections 2-4 of
the General Terms as well as to enable it to perform in accordance with its Documentation in all material
respects, and to cure any defect in material or workmanship. The specific Software License, Maintenance
and Support services provided by ES&S and each party’s obligations with respect to such services are set
forth on Schedule A1.
2.
Updates. During the Initial Post-Warranty Term, or any renewal or extension thereof,
ES&S may continue to provide Updates in accordance with the terms of Section 5 of the General Terms.
Unless otherwise agreed to by the parties, and subject to Customer’s prior execution of a purchase order
therefor, ES&S shall install ES&S Firmware Updates in accordance with Section 5 of the General Terms.
ES&S shall install such ES&S Firmware Updates in conjunction with a scheduled Routine Maintenance
Services event provided Customer is subscribing to and has paid for ES&S’ hardware maintenance services
which include Routine Maintenance Services. Customer shall pay ES&S to install all ES&S Firmware
Updates which are requested to be installed outside of a scheduled Routine Maintenance Services event
or in the event the Customer has not subscribed to ES&S’ hardware maintenance services which include
Routine Maintenance Services. Notwithstanding the foregoing, Customer shall pay ES&S to install all
election management software Updates.

35

3.
Conditions. ES&S shall not provide Software License, Maintenance and Support for any
item of ES&S Software if such item requires such services as a result of (a) repairs, changes,
modifications or alterations not authorized or approved by ES&S, (b) use, modification, dismantling, or
transfer to third party without ES&S’ prior written consent, (c) accident, theft, vandalism, neglect, abuse,
liquid contact or use that is not in accordance with the Documentation, (d) causes beyond the reasonable
control of ES&S or Customer, including acts of God, fire, floods, riots, acts of war, terrorism or insurrection,
government acts or orders; epidemics, pandemics or outbreak of communicable disease; quarantines;
national or regional emergencies, labor disputes, transportation delays, governmental regulations and utility
or communication interruptions, (e) Customer’s failure to timely and properly install and use the most recent
update provided to it by ES&S, or (f) Customer's failure to notify ES&S within three (3) business days after
Customer knows of the need for such services. Any such Software License, Maintenance and Support
shall be provided at the fees to be agreed upon by the parties if and when the need for such Software
License, Maintenance and Support arises. Replacement versions of Software and/or Third-Party Items or
any services required in order to replace the same as a result of items set forth in this Section 3 or as a
result of Customer’s actions or inactions shall be billable to Customer at ES&S’ then current rates.
4.
Proprietary Rights. ES&S shall own the entire right, title, and interest in and to all
corrections, programs, information, and work product conceived, created or developed, alone or with
Customer or others, as a result of or related to the performance of this Exhibit A, including all proprietary
rights therein or based thereon. Subject to the payment of all Software License, Maintenance and Support
Fees, ES&S hereby grants to Customer a non-exclusive license to use that portion of such corrections,
programs, information, and work product that ES&S actually delivers to Customer pursuant to this Exhibit
A. All licensed items shall be deemed to be ES&S Software for purposes of this Exhibit A. Except and to
the extent expressly provided herein, ES&S does not grant to Customer any right, license, or other
proprietary right, express or implied, in or to any corrections, programs, information, or work product
covered by this Exhibit A.
5.
Reinstatement of Software License, Maintenance and Support. If the Initial PostWarranty Term or any Renewal Period thereof expires without being renewed, Customer may thereafter
receive a Software License and resume receiving Software Maintenance and Support upon (a) notification
to ES&S, (b) payment of all fees, which would have been due to ES&S had the Initial Post-Warranty Term
or any Renewal Period not expired, and (c) the granting to ES&S of access to the ES&S Software, so that
ES&S may analyze it and perform such maintenance as may be necessary before resuming the Software
License, Maintenance and Support services.

36

Schedule A1
Pricing Summary
Sale Summary:
Description
ES&S Software License, Maintenance and Support Fees

Refer To
ES&S Software License,
Maintenance and Support
Description and Fees Below

Total Maintenance Fees for the Initial Post-Warranty Term:

Amount
$42,800.00
$42,800.00

Terms & Conditions:
Note 1: Any applicable state and local taxes are not included and are the responsibility of Customer.
Note 2: Invoicing and Payment Terms:
ES&S shall Invoice Customer annually for each year of the Initial Post-Warranty Term.
Payment is due before the start of each period within the Initial Post-Warranty Term.

37

ES&S SOFTWARE LICENSE, MAINTENANCE AND SUPPORT DESCRIPTION AND FEES
SOFTWARE
Initial Post-Warranty Term: Expiration of the Warranty Period through the first anniversary thereof
Listed below is the Software and Fees for which Software License, Maintenance and Support will be
provided:
Qty
1

Description

Coverage Period

Software License,
Maintenance and
Support Fee in Total

Year 1

$42,800.00

ElectionWare Software
Total Software License, Maintenance and Support Fees
for the
Initial Post-Warranty Term

$42,800.00

Software License, Maintenance and Support Services Provided by ES&S under the Agreement
1. Telephone Support.
2. Issue Resolution.
3. Technical Bulletins will be available through Customer’s ES&S Web-based portal.
Note: Except for those Software License, Maintenance and Support services specifically set forth herein,
ES&S is under no obligation and shall not provide other Software License, Maintenance and Support
services to the Customer unless previously agreed upon by the parties.
Software License, Maintenance and Support and Hardware Maintenance and Support Services –
Customer Responsibilities
1. Customer shall have completed a full software training session for each product selected.
•

Customer shall have completed training at a proficiency level to successfully use
the software products.

2. Customer shall have reviewed a complete set of User Manuals.
3. Customer shall be responsible for the installation and integration of any third-party hardware
or software application, or system purchased by the Customer, unless otherwise agreed upon,
in writing, by the parties.
4. Customer shall be responsible for data extraction from Customer voter registration system.
5. Customer shall be responsible for implementation of any security protocols physical, network
or otherwise which are necessary for the proper operation of the ES&S Software.
6. Customer shall be responsible for the acceptance of the ES&S Software, unless otherwise
agreed upon, in writing, by the parties.
7. Customer shall be responsible for the design, layout, set up, administration, maintenance, or
connectivity of the Customer’s network.

38

8. Customer shall be responsible for the resolution of any errors associated with the Customer’s
network or other hardware and software not purchased or recommended by ES&S and not
otherwise identified in the User Guides as part of ES&S’ Software.
9. Customer shall be responsible for all costs associated with diagnosing ballot printing problems
resulting from the use of non-ES&S Ballot Partner Printers ballots.
10. Customer shall be responsible for the payment of additional or replacement Software CDs or
DVDs requested by Customer. The price for such additional or replacement Software CDs or
DVDs shall be at ES&S’ then current rates.

39

Kathy Michael
McLean County Clerk
115 E. Washington Street, Room M-104
Post Office Box 2400
Bloomington, IL 61702-2400
(309) 888-5170
(309) 888-5927 Fax

December 15, 2025

To: Honorable Members of the Finance Committee
From: Mark Bounds, Recording Program Administrator
Please be advised for the month of November 2025 that revenue, state stamp
inventory and receipts, and receivables reconcile with the general ledger.
A copy of November 2025 “Monthly Account Balances” and the report to the
County Clerk are attached.

Mark Bounds
Recording Division

40

MONTHLY REPORT
OF
OFFICIAL RECEIPTS
TO THE COUNTY BOARD OF MCLEAN COUNTY
I, Mark Bounds, Recording Program Administrator for the County Clerk of County of McLean and
the State of Illinois, respectfully present the following report of all fees received for the recording
office, for and during the period of
through November 30, 2025
November 1, 2025
RECEIPTS:
Due IDOR-Rental Housing Program
Copy Fees
Recording Fees
County Revenue Stamps
Microfilm Sales
Data Sales
Recorder Receivable
Rental Housing Support Program
Document Storage
GIS Document Storage
Document Storage Receivable
State Revenue Stamps
State Revenue Stamps Receivable
GIS Fund
GIS Receivable
GIS Fund - County Portion
GIS Fund - County Portion Receivable
State Revenue- MyDec
Unclassified Revenue
Total Receipts

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

20,502.00
224.00
25,709.00
43,913.75
75.00
264.00
1,139.00
17,747.00
1,285.00
88.00
6,395.00
44.00
2,550.00
87,827.50
207,763.25

Deposited with County Treasurer

$

207,763.25

Balance on hand:
Cash
Accounts Receivable

$
$
Total $

-

Kathy Michael
County Clerk
Mark Bounds
Recording Program Administrator

41

Erec County Revenue Stamps

State Revenue Mydec

Due Idor-Rental Hsg Prog

Xcopy Fees

Xrecording Fees

Erec County Revenue Stamps

Xcounty Revenue Stamps

Xpayment On Account

000-1-0-201-008-8000

001-0-0-201-070-0345

001-5-8-410-008-0340

001-5-8-410-029-0350

001-5-8-410-032-0335

001-5-8-410-032-0360

001-5-8-410-111-1111

Account Description

000-1-0-005-000-8041

Account
Number

County Clerk\Recording Div.

Kathy Michael

Copy Fees

Recording Fees

County Revenue Stamps

Payment On Account

Microfilm Sales

Data Sales

Rental Hsg Support Progrm

Balance Brought Forward

001-6-8-410-008-0340

001-6-8-410-029-0350

001-6-8-410-032-0360

001-6-8-410-111-1111

001-6-8-410-128-1001

001-6-8-410-132-1004

001-6-8-410-195-0355

016-8-4-102-222-2222

Application Version :

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$459.00

$75.00

$0.00

$0.00

$17,342.00

$0.00

$10,865.00

$224.00

$8,262.00

$34,684.00

(1)

Cash/Check

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$48.00

$0.00

$0.00

$0.00

$0.00

Charge

3.12.31.15

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$680.00

$0.00

$0.00

$0.00

$26,571.75

$0.00

$14,844.00

$0.00

$12,240.00

$53,143.50

(2)

Other Pay

Revenue Totals

Preliminary For 11/2025

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$1,139.00

$75.00

$0.00

$0.00

$43,913.75

$0.00

$25,757.00

$224.00

$20,502.00

$87,827.50

$0.00

Sub Total

Monthly Account Balance Report

Monday, December 22, 2025 8:59 am

Xrental Hsg Support Program

001-5-8-410-195-0355

Prepared On :

Xdata Sales

001-5-8-410-132-1004

Cott
Systems

Xmicrofilm Sales

001-5-8-410-128-1001

42

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$264.00

$0.00

$0.00

$0.00

$0.00

Cash/Check

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Other Pay
(3)

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$264.00

$0.00

$0.00

$0.00

$0.00

Sub Total

Charge Payment Totals

Resolution3

Page 1 of 3

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$1,139.00

$75.00

$0.00

$0.00

$43,913.75

$0.00

$25,973.00

$224.00

$20,502.00

$87,827.50

$0.00

(1) + (2) + (3)

Drawer Total

McLean County, IL
115 E. Washington, Room M104
P.O. Box 2400
Bloomington, IL 61702-2400
(309) 888-5170

Xdocument Storage

Xgis Document Storeage

Document Storage

Gis Document Storage

State Revenue Stamps

Gis Fund County Portion

Xgis Fund

137-5-8-410-089-2840

137-5-8-410-181-1003

137-6-8-410-089-2840

137-6-8-410-181-1003

151-0-0-126-001-9032

167-5-8-041-002-0003

167-5-8-410-181-1002

Prepared On :

Application Version :

Refund

999-9-9-999-999-0999

Cott
Systems

Gis Fund

167-6-8-410-181-1002

$0.00

$0.00
$72.00

$83,658.00

$0.00

$8.00

$0.00

$0.00

$0.00

$0.00

$4.00

$12.00

$0.00

Charge

$0.00

$0.00

$2,689.00

$1,074.00

$0.00

$0.00

$0.00

$539.00

$7,445.00

(1)

Cash/Check

3.12.31.15

$0.00

$123,709.25

$0.00

$0.00

$3,706.00

$1,476.00

$0.00

$0.00

$0.00

$746.00

$10,302.00

(2)

Other Pay

Revenue Totals

Preliminary For 11/2025

$207,439.25

$0.00

$0.00

$6,403.00

$2,550.00

$0.00

$0.00

$0.00

$1,289.00

$17,759.00

$0.00

Sub Total

Monthly Account Balance Report

Monday, December 22, 2025 8:59 am

Final Totals :

Balance Brought Forward/Credit

Account Description

016-8-4-102-222-2223

Account
Number

County Clerk\Recording Div.

Kathy Michael

43

$396.00

$0.00

$0.00

$44.00

$0.00

$0.00

$0.00

$0.00

$22.00

$66.00

$0.00

Cash/Check

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

$0.00

Other Pay
(3)

$396.00

$0.00

$0.00

$44.00

$0.00

$0.00

$0.00

$0.00

$22.00

$66.00

$0.00

Sub Total

Charge Payment Totals

Resolution3

Page 2 of 3

$207,763.25

$0.00

$0.00

$6,439.00

$2,550.00

$0.00

$0.00

$0.00

$1,307.00

$17,813.00

$0.00

(1) + (2) + (3)

Drawer Total

McLean County, IL
115 E. Washington, Room M104
P.O. Box 2400
Bloomington, IL 61702-2400
(309) 888-5170

Sub Total

654

Number of Other Payments :

Cott
Systems

Application Version :

0

Number of Voids :

3.12.31.15

(3)

Sub Total

Resolution3

Page 3 of 3

$94.00

$123,615.25

Total Paid

$396.00

8

(1) + (2) + (3)

Drawer Total

$123,709.25

Total Paid on Account :

Number of Payments on Account :

Open Item Information

Charge Information

Other Pay

5

Cash/Check

Charge Payment Totals

McLean County, IL
115 E. Washington, Room M104
P.O. Box 2400
Bloomington, IL 61702-2400
(309) 888-5170

654

649

Total Count

Other Payment Breakdown

1,006

0

Number of Receipts :

Monday, December 22, 2025 8:59 am

$207,835.25

$72.00 +

Prepared On :

FEDERAL\STATE EFT

ERECORDING ACH

Other Payment Method

Grand Total :

Charge Total :

$207,763.25

Number of Charge Payments :

$0.00 -

Change Total :

Subtotal :

3

Number of Change Payments :

$123,709.25 +

Other Pay Total:

353

Number of Check Payments :

$83,533.00 +

11

Check Total :

Total :

(2)

Other Pay

Counts/Totals For 11/2025

Charge

Number of Cash Payments :

(1)

Cash/Check

$521.00 +

Account Description

Revenue Totals

Preliminary For 11/2025

Monthly Account Balance Report

Cash Total :

Account
Number

County Clerk\Recording Div.

Kathy Michael

44

45

0

100

200

300

400

500

600

700

305
278

266

236

209

233

326

249

308
237

299
314
305
296

320
320
317

405
356
332

406
339
338
319

330
325
313

308

380
367
298
261
223

Each year is specified by the color code located on the right.

2021

2025

2024

2023

285 2022

297

2020

The ascending number on the left reflects the actual number of deeds recorded per month.

This chart reflects real estate transfers per year and month.

Real Estate Transfer Report

These charts reflect overall recording volume monthly, quarterly, as well as yearly.
This report is current thru November 2025
3500
3000
2435

2500
2000
1500

1854

1408
1405

1508
1195
1091

1577
1524

1560
1464

1701

1634

1540
1621

1625
1590

1836
2035

2020
2021
1290
1314

1226

1570

2022
2023
2024

1000

2025
500
0

Quarterly Overview
9000
8000

7000
6000
5000

4855
5100
4122
3722
4111

5423
4771
4383

4831

2019
4454
4309

2020
2021
2022

4000

2023

3000

2024

2000

2025

1000
0
1st Quarter

2nd Quarter

3rd Quarter

4th Quarter

The numbers on the left reflect the volume of documents recorded per quarter. This chart is
current thru the third quarter of 2025
46

NURSING HOME
(309) 888-5380
901 N. Main St.

To:

FAX (309) 454-4954
Normal, IL 61761

Honorable Chairman, Finance Committee
Honorable Members of the Finance Committee

From: Tim Wiley, Nursing Home Director
Date: August 5, 2025
Re:

McLean County Nursing Home’s request for reclassification of Nurse Manager Positions

McLean County Nursing Home would like to request a reclassification of four nurse manager positions
to align these positions within the proper allocation of FTEs and to differentiate them from direct care
positions in the Nursing Department. We request reclassification of Unit Manger/LPN from Grade 10
to Grade 11, and Unit Manager/RN from Grade 14 to Grade 15. Subsequently, we request a
reclassification of Assistant Director of Nursing/RN from Grade 15 to Grade 16, and Assistant
Director of Nursing/LPN from Grade 11 to Grade 12.
Thank you for your time and consideration.
Note: County Administration has reviewed and approved the aforementioned request.
Respectfully Submitted,
Tim Wiley, Administrator

47

NURSING HOME
(309) 888-5380
901 N. Main St.

To:

FAX (309) 454-4954
Normal, IL 61761

Honorable Chairman, Finance Committee
Honorable Members of the Finance Committee

From: Tim Wiley, Nursing Home Director
Date: January 7, 2026
Re:

McLean County Nursing Home’s request for reclassification of Infection Prevention RN and
MDS Care Coordinator RN Administrative Nurse Positions.

McLean County Nursing Home would like to request a reclassification of the following Administrative
Nurse positions to align these positions within the proper allocation of FTEs and to differentiate them
from direct care positions in the Nursing Department. We request reclassification of Infection
Prevention RN and MDS Care Coordinator from Grade 14 to Grade 15. Both positions require
additional certifications, experience and managerial responsibilities.
Thank you for your time and consideration.
Note: County Administration has reviewed and approved the aforementioned request.
Respectfully Submitted,
Tim Wiley, Administrator

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

Cassy Taylor
County Administrator
(309) 888-5110

115 E Washington St, Rm 401
Bloomington, IL 61702-2400
mcleancountyil.gov

January 7, 2026
To:

Honorable Chair Laymon and Members of the Finance Committee

From: Cassy Taylor, County Administrator
Re:

2026 Budget Amendment

This memo is to explain the rationale for a request to transfer the Bailiff positions from the Sheriff’s
Department to the Jury Commission.
The primary reason for this transfer is that the Jury Commission is responsible for overseeing bailiff
schedules and daily operational needs. While the positions were housed in the Sheriff’s Department, the
Sheriff would initially assign the bailiffs, after which the Jury Commission would frequently need to
adjust or change their schedules to meet court and jury requirements. This dual assignment and
scheduling process created confusion and inefficiencies for both departments and for the employees
involved.
Transferring the Bailiff positions to the Jury Commission more accurately reflects the actual job duties
being performed, as well as the supervisory and operational oversight already provided by the Jury
Commission. Consolidating responsibility for supervision, scheduling, and administration within a single
department will improve clarity, accountability, and operational efficiency.
The decision to transfer these positions was made after the 2026 budget had already been developed.
As a result, this change is not reflected in the originally adopted 2026 budget and is being presented
now for the Committee’s awareness and consideration.

71

RESOLUTION AMENDING THE FUNDED FULL-TIME EQUIVALENT
POSITIONS RESOLUTION FOR 2026
SHERIFF DEPT
WHEREAS, the McLean County Board adopted a Funded Full-Time Equivalent Positions (FTE)
Resolution on December 11, 2025 which became effective on January 1, 2026; and,
WHEREAS, the Sheriff’s Department staff includes employees covered under the Funded FullTime Equivalent Positions (FTE) Resolution; and
WHEREAS, the Jury Commission staff includes employees covered under the Funded Full-Time
Equivalent Positions (FTE) Resolution; and
WHEREAS, the transfer of Bailiff positions from the Sheriff’s Department to the Jury Commission
will more clearly reflect the duties and supervisory oversight of the position; and
WHEREAS, the Finance Committee at its January 7, 2026 meeting recommended approval of this
change in the Full-Time Equivalent Positions Resolution for the 2026 Fiscal Year and thereafter; now,
therefore,
BE IT RESOLVED, by the County Board of McLean County, Illinois, now in regular session, that
the Funded Full-Time Equivalent Positions be and hereby are amended as follows:
FUND 0001 General Fund
DEPT 0029 Sheriff
PROG 0029 Administrative Services
Acct
0515

Grade
102

Class Name
Jury Bailiff

Now
4.40

Amend
-4.40

New
0.00

Now
0.00

Amend
+4.40

New
4.40

FUND 0001 General Fund
DEPT 0018 Jury Commission
PROG 0017 Juror Selection & Admin
Acct
0515

Grade
102

Class Name
Jury Bailiff

BE IT FURTHER RESOLVED by the County Board of McLean County, Illinois that the County
Clerk is hereby directed to provide a certified copy of this Resolution to the County Treasurer, the Health
Department, and the County Administrator's Office.
ADOPTED by the McLean County Board this 15th day of January 2026.
ATTEST:

_____________________________
Kathy Michael
Clerk of the County Board
McLean County, Illinois

APPROVED:

__________________________
Elizabeth Johnston
Chair McLean County Board
McLean County, Illinois
72

115 E Washington St, Rm 401
Bloomington, IL 61702-2400
mcleancountyil.gov

Cassy Taylor
County Administrator
(309) 888-5110

MEMORANDUM
December 26, 2025
To: Honorable Chair and Members of the Finance Committee
From: Cassy Taylor, County Administrator
Re: Updates to Chapter 50 of the County Code- Finance Policy – Disbursements; Receipt and
Disposal of Assets
The County Administrator’s Office is requesting County Board approval of proposed
amendments to Chapter 50 of Mclean County Code, for sections which govern disbursements
and disposal of assets. Approval of these amendments will strengthen internal controls,
improve consistency across departments, and align County practices with the implementation
of the County’s ERP system.
Key changes include a) Establishing uniform, county-wide standards for initiating, approving,
and processing disbursements through the ERP system; b) Reducing the risk of late payments,
audit findings, and inconsistent practices across departments; and c) Clarifying escalation
procedures when invoices cannot be resolved within established timeframes.
The policy documents and standardizes operational practices that support sound financial
management and compliance with applicable laws and County Code.

73

AN ORDINANCE BY THE McLEAN COUNTY BOARD AMENDING CHAPTER 50
FINANCES, ARTICLE V REPORTING AND ACCOUNTING FIXED ASSETS
IN THE McLEAN COUNTY CODE
WHEREAS, the McLean County Board has certain ordinances which promulgate certain rules and
regulations pertaining to Finance Policies and Procedures; and
WHEREAS, Chapter 50 of the McLean County Code governs disbursements and disposal of assets;
and
WHEREAS, Administration proposes the following amendments to Chapter 50 under sections 50-15
and 50-23 which will strengthen internal controls, improve consistency across departments, and align
County practices with the implementation of the County’s ERP system; and
WHEREAS, the Finance Committee of the McLean County Board at their January 7, 2026 meeting
and the Executive Committee of the McLean County Board, at their January 12, 2026, meeting,
concurred with such amendments; now, therefore,
BE IT ORDAINED by the County Board of McLean County, now in regular session, that the aforesaid
Chapter 50 “Finances”, Section 50-15 “Receipt and Disposal of Assets”, and Section 50-23
“Disbursement of County Funds” are hereby amended as follows:
(Additions are indicated by text and stricken materials by text. Omitted material denoted by three
asterisks [***].)
Chapter 50 FINANCES
ARTICLE V
Reporting and Accounting of Fixed Assets
[Adopted 8-20-2002 (Ch. 11, § 11.41, of the 1986 Code)]
[***]
§ 50-15. Receipt and disposal of assets.
A.

The receipt of any asset valued at $10,000 or more which is given, donated, or otherwise
received by any County department or office shall be immediately reported to the County
Auditor for inclusion in the fixed assets inventory.

B. No County office or department shall transfer, release, discard, or dispose of any asset

excluding grant obtained assets, recorded in the County's fixed assets inventory without
determining if another department has use for the item and obtaining the necessary
authorization from the County Auditor. If another department has usage for the asset, a
transfer of the asset from one department to another shall be recorded in the County’s fixed
asset inventory A completed capital item release request form must be submitted to the
County Auditor before approval may be given.

B.C. For grant obtained assets, the County office or department must follow regulations for

disposal as directed by the granting agency.

C. D. Disposal of excess assets.

(1)

If an asset is valued less than $10,000 and not recorded on the fixed asset list, a County
office or department may dispose the asset by any method listed in 50-15D(3).

(2)

Any County elected official or department head who wishes to discard or dispose of

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74

any obsolete, outdated, or otherwise unusable fixed assets valued at $10,000 or greater
shall request authorization for disposal of the asset through their oversight committee
and the County Board. The request shall include the reason for the disposal request,
description of the asset that is desired to be disposed of, condition of the asset, the type
of disposal (see section 50-15D(3) for acceptable disposal methods) and if possible, an
estimated fair market value of the asset. so indicate that intention to the County Auditor
through the use of the capital item release request form. Upon approval of the County
Auditor, assets marked for disposal shall come under the jurisdiction of the Facilities
Manager. The Facilities Manager shall compile and publish annually a list of these
assets and shall circulate the list among the various County department heads. Any
department or office may request any or all of the listed assets for its own use. In the
event of more than one request for any specific item, the Facilities Manager shall
determine the recipient. Any assets remaining unclaimed by any office or department
head shall remain under the jurisdiction of the Facilities Manager, who, upon the
approval of the Property Committee, shall be authorized to:
(1)(3) Asset Disposal Methods
(a)

Public Auction. Surplus assets may be listed on a County approved public auction
platform or through a professional auctioneer. The Department Head shall ensure
open and competitive bidding to achieve maximum return. Conduct, after
publication in a newspaper of general circulation in McLean County, a public
auction, proceeds of which shall be placed in any such fund or funds as may be
determined by the County Administrator in each instance; or

(b) Trade-in. When purchasing a replacement asset, the department may offer the old

asset as a trade-in if it yields higher value than resale.

(b)(c) Transfer to Another Governmental Entity. Assets may be transferred to

another local, state, or federal government agency if such transfer serves a public
purpose and is approved by the Oversight Committee. Offer the assets to local
governments and school districts that have some or all of their corporate
boundaries lying within McLean County; or

(d) Donation. If an asset holds minimal resale value but remains functional, it may

be donated to a qualifying nonprofit or educational institution upon Oversight
Committee approval. Offer the assets to bona fide not-for-profit corporations after
publication in a newspaper of general circulation in McLean County.

(c)(e) Recycling or Disposal. Items that hold no residual value or pose

safety/environmental hazards shall be disposed of in accordance with applicable
waste regulations. The County desires all materials that are acceptable for
recycling to be so recycled.

(2)

Assets, which are unable to be disposed of in accordance with this subsection shall be
disposed of at a sanitary landfill.

D. E. The County Auditor shall make a general annual report to the Finance Committee of the

County Board relating to fixed assets.1

1. Editor's Note: Former Art. VI, Juror's Per-Diem and Mileage Allowances, adopted 8-22-2006 (Ch. 11, §
11.89, of the 1986 Code), which immediately followed this section, was repealed 5-19-2015.

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75

ARTICLE VII
Finance and Internal Controls
[Adopted 12-12-2024]
[***]

76

§ 50-23. Disbursement of County funds.
A. Purpose. To provide a clear, consistent, and controlled policy that applies to all County

offices and departments for the processing and payment of all county disbursements made
from County funds (e.g. accounts payable, reimbursements, electronic funds transfers)
regardless of funding source (e.g. general fund, special revenue, capital) in order to:
(1)

Ensure proper authorization and approval

(2)

Safeguard public funds through internal controls

(3)

Promote accountability, transparency, and compliance with laws and regulations

(4)

Integrate with the County’s ERP system

B.

Scope. This policy applies to all County departments and to all disbursements made from
County funds, regardless of funding source (e.g. general fund, grants, special revenue, capital)

C.

Definitions.
(1)

Disbursement: Any payment from county funds (e.g. check, EFT, direct deposit, wire)

(2) Voucher/Invoice: A document requesting payment, with supporting documentation

(e.g. invoice, purchase order, receiving report, contract)

(3) Approver/Authorized Signer: An individual assigned by policy or delegation with

authority to approve disbursements.

(4) Supporting Documentation: Documents that substantiate the validity, amount, payee,

purpose, and budgetary availability of the disbursement (e.g. invoice, purchase order,
packing slip, contract, travel expense form).

D.

General Policy.
(1) All disbursement activity including vendor voucher (invoice) entry and approvals must

be made in the ERP System.

(2) No disbursement shall be made unless it is supported by an approved voucher/invoice

and all required supporting documentation.

(3) Disbursements must comply with county budgeting policies – there must be an

available appropriation in the relevant account before payment.

(4) All disbursement activity should be recorded accurately and timely. All vouchers

(invoices) are to be entered into the ERP, when practicable, on a weekly basis to
minimize the possibility of late payment fees and to record monthly expenditures
promptly.

(5) All disbursements should be reviewed for reasonableness, legality, and compliance

with procurement and contract policies.

(6) All vouchers (invoices) must be approved within 5 business days of ERP hub

notification.
(7) Separation of duties shall be maintained: initiation, approval, and execution of
payment should involve different individuals.

(8) Check numbers are generated by 77
the ERP system when payments are processed.

Control over check numbering is maintained within the ERP system. Voided checks
must be retained and properly documented.
(9) Electronic funds transfers (EFT), ACH, or wire payments are allowed but must follow

the same approval, documentation, and controls as check disbursements.

(10) Blank check stock, signature files, and access to bank accounts must be secured and

access restricted to authorized personnel.

(11) The county shall reconcile bank statements monthly and review outstanding

checks/unclaimed payments.
When operational events, data delays, or
circumstances exist that prevent monthly reconciliation, the delay should be
confirmed by the department head. The delay shall be rectified as soon as time
permits. Departments shall adhere to the Public Fund Accounting Act 30 ILCS 20/1
when submitting all deposits, receipts, and supporting documentation to the
Treasurer.

E.

Procedures
(1)

Initiation & Voucher Entry
(a) A voucher (invoice) must be entered into the ERP system by a designated staff

member.

(b) The system routes the voucher for approval to the Department Approver,

according to configured workflow paths.

(c) To maintain separation of duties, the Submitter and Approver will be separate

individuals.

(2)

Approval / Review
(a) The department approver receives notification in the ERP hub and reviews the

voucher (invoice) for accuracy, completeness, compliance with budget
appropriateness of charges, alignment with procurement or contract policies, and
proper coding (chart of accounts) prior to approval.

(3)

(b)

Approvers must not approve vouchers (invoices) for themselves.

(c)

The approver certifies that:
i.

Goods/services were received, work completed (or performance
verified)

ii.

The expenditure is lawful and within budget

iii.

The supporting documentation is adequate

Payment Execution
(a) Once approved by the department, the voucher (invoice) is routed through the

ERP system to the County Auditor. The County Auditor shall review and approve
the voucher (invoice) within the ERP system workflow within five (5) business
days of receiving the ERP hub approval notification.

78

(b) If the voucher (invoice) is not approved by the County Auditor, it is routed

through the ERP system back to the department approver for correction(s) or
clarification within five (5) business days.

(c) If voucher (invoice) cannot be resolved and advanced by County Auditor within

15 business days, it is forwarded to the department’s oversight committee by the
Department Head.

(d) Upon Oversight Committee approval, the County Auditor shall advance the

invoice in the ERP system to the Accounts Payable Department.

(e) Accounts Payable staff receive ERP hub approval notification and review for

accuracy and complete documentation before the disbursement is scheduled for
payment (check run, EFT, or wire). Final review and any necessary
adjustments may be made by the Accounts Payable staff; if adjustments are
required, the department will be notified accordingly.

(f) The Treasurer’s Office will process Accounts Payable on a timely and periodic

basis.

(g) Payment methods and timing (daily, weekly, etc.) are determined by the County

Treasurer’s Office.

(h) The Accounts Payable Specialists, Treasurer or their designee will review the

accounts payable batch and corresponding invoices prior to checks being
generated.

(i) Checks are printed, signed (by authorized signers), and mailed or delivered.

EFTs/ACH/wire payments are initiated according to bank/treasury procedures.

(j)
F.

All payments are recorded in the general ledger via the ERP.

Voided Checks
(1) Voided checks are to be clearly marked “Voided” and returned by the Department

Head to the Treasurer’s Office promptly. Treasurer’s Office will process all voided
checks and reissue payment as appropriate.

(2) Cancelled checks and bank statements are to be maintained at the County Treasurer’s

Office with the exception of individual bank accounts allowed through state statutes
or administrative code:
(a)

County Sheriff’s Jail Inmate Commissary Account

(b)

Sheriff Inmate fund

(c)

Circuit Clerk’s Operations Account

(d)

Nursing Home Resident Trust Account

(3) Refunds or rebates issued to the County will be submitted to County Treasurer’s

Office and credited against the original expense line in the current fiscal year.

Requests for payment. McLean County recognizes that a viable and
integral aspect of the financial operation of the County is the accounts payable
function. To initiate the accounts payable process, claims/invoices are coded for
payment and initially approved by the department head, with secondary approval
A.

79

by the County Auditor, and disbursement by the County Treasurer.
(1) Claims/invoices are to be stamped or electronically dated with the date received in each

office of McLean County.

(2) Claims/invoices are to be marked with date approved by the department head prior to

submission to the County Auditor's Office with all supporting documentation.

(3)

All claims/invoices presented for submission are to include the following information:

(a)

Date received.

(b)

Date payment is due.

(c)

Account number to be charged.

(d)

Vendor name and address.

(e)

Description of what the payment is for.

(f)

Amount due.

(g)

Authorized signature (department head) with date signed.

(4) Claims/invoices from all departments are to be submitted for payment to the County

Auditor's Office on a weekly basis. This is to minimize the possibility of late payment fees
and to record monthly expenditures promptly.

(5) Claims are to be marked with the date received by the County Auditor and within five

business days of receipt are:

(a) Reviewed and marked approved by the County Auditor and sent to Treasurer's Office for

payment; or

(b)

Not
approved
department
head
days.

by
County Auditor
and
returned
to
for correction(s)/clarification to be completed within five business

(c) If claim/invoice is not approved by County Auditor within 15 business days, it is

forwarded to the department's oversight committee by the department head.

(6) All claims/invoices received in the Treasurer's Office from the Auditor are considered to

be approved by the Auditor. Upon receipt by the Treasurer's Office, claims/invoices and
supporting

documentation are reviewed and approved by Treasurer's Office. Final review and adjustments
may be made if necessary.
(7)

Claims/invoices are to be paid accurately and on time.

(8)

All copies of claims/invoices paid will be uploaded to the County's ERP system.

(9) The check copy or ACH will be attached to paid claims/invoices that will be sent to and

stored in the Auditor's office pending the annual audit.

(10) Voided checks are to be clearly marked "voided" and returned by the department head to
80

the Treasurer's Office promptly. The Treasurer's Office will process all voided checks and
reissue payment as appropriate.
(11) Cancelled checks and bank statements are to be maintained at the County Treasurer's office

with the exception of:

(a)

County Sheriff's Jail Inmate Commissary Account.

(b)

Sheriff Inmate Fund.

(c)

Circuit Clerk's Operations Account.

(d)

Nursing Home Resident Trust Account.

(12) Refunds or rebates issued to the County will be submitted to the County Treasurer's Office

and credited against the original expense line in the current fiscal year.

B. The Treasurer's Office will process accounts payable on a timely and periodic basis.

Disbursements will be released for payment upon completion of the following review and
approval process:

(1) The Treasurer's Office will set up vendor accounts and maintain vendor records in the ERP

system. All vendors are required to submit a completed W-9 form and to provide
information on the vendor's business ownership prior to payments being processed to that
vendor.

(2) The Accounts Payable Specialists, Treasurer or their designee will review the accounts

payable batch and corresponding invoices prior to checks being generated.

Disbursements and reimbursements between County funds may be posted as a
journal entry approved by the County Treasurer. Supporting documentation will be
maintained with the journal entry.
(3)

G.

Emergency payments. Periodically, the situation may arise where a check needs to be
generated and issued immediately. The department head must provide all required
information and an explanation of exigent circumstances and submit to the Auditor and
Treasurer. The Treasurer will approve for disbursement. In the event that the Auditor or
Treasurer is unavailable, the County Administrator's approval is required.

C. H. A prepaid credit with the County's credit card provider will be maintained as the Treasurer

deems necessary to ensure services are not disrupted, payments are not late, and vendor
relations are not damaged.

(1) I. All disbursements for the procurement of goods or services must also comply with

Chapter 116 of the McLean County Code, the County Procurement Ordinance, in addition
to all other laws, rules, and regulations that may apply.

(2) J. The Treasurer's Office shall approve non-vendor-related transactions for payroll,

transfers, and working cash disbursements for departments with seasonal operations.

K. Each month aA list of monthly disbursements will be prepared for review and approval by
the County Board.
L. Roles and Responsibilities
a. Departments/Requestors:

Initiate vouchers promptly, ensure accuracy and
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completeness of supporting documentation. If a new vendor needs to be created,
department is responsible for verifying and sending W9 information to Accounts Payable
prior to initiating voucher for payment.
b. Approvers/Managers: Review and approve disbursements within their delegated

authority; ensure spending is appropriate and budgeted.

c. County Auditor: Reviews and approves vouchers (invoices) for advancement to

Accounts Payable Department, ensures compliance, reviews adherence to policy,
recommend improvements, and prepares list of disbursements to the County Board.

d. Accounts Payable: Enter vouchers into the ERP, schedule payments, monitor

check runs and EFTs, safeguard blank stock, liaise with banks, create new vendor
files, maintain vendor files.

e. County Treasurer:

Oversee disbursement processes, maintain internal
controls, ensure compliance.

M.

Policy Violations
a. Noncompliance with this policy, including but not limited to unauthorized

disbursement or bypassing approval may subject the responsible individuals to
disciplinary actions, up to termination or legal consequences, depending on
severity.

b. Suspected policy violations or irregularities should be reported to County

Administration or State’s Attorney Civil Division.

N.

Review and Updates
a. This policy shall be reviewed annually (at a minimum) and updated as needed to

reflect changes in law, administrative structure, or ERP capabilities.

b. Any amendments must be approved by the Board or designated authority.
BE IT FURTHER RESOLVED by the County Board of McLean County, Illinois that the County
Clerk is here by directed to provide a certified copy of this Resolution to the State’s Attorney’s
Office, the County Clerk, County Auditor, County Treasurer and County Administrator’s Office.
ADOPTED by the McLean County Board this 15th day of January, 2026.
APPROVED:

Elizabeth Johnston, Chair
McLean County Board
ATTEST:

Kathy Michael, Clerk of the County Board
McLean County, Illinois
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Cassy Taylor
County Administrator
(309) 888-5110

115 E Washington St, Rm 401
Bloomington, IL 61702-2400
mcleancountyil.gov

MEMORANDUM
December 23, 2025
To: Honorable Chair and Members of the Finance Committee
From: Cassy Taylor, County Administrator
Re: Updates to Chapter 116 of County Code—Purchasing and Contracting/ Procurement Policy
The County Administrator’s Office is requesting County Board approval of proposed
amendments to Chapter 116 of Mclean County Code, which governs purchasing, procurement
of services, contracting, and use of the County’s new Enterprise Resource Planning (ERP)
system. Approval of these amendments will allow the County to fully implement the new ERP
system while maintaining appropriate controls, oversight, and accountability in County
procurement activities.
The proposed amendments include the following key changes:
• Revises purchasing tiers and reinforces required procurement methods for each tier,
including raising the lowest procurement tier. This adjustment is expected to reduce
administrative workload by more than 50 percent while still maintaining Auditor pre-approval
for approximately 89 percent of total County spending.
• Updates and clarifies definitions by removing terms no longer used within the chapter and
adding definitions that were previously missing.
• Adopts a top-down organizational approach to the procurement code, whereby provisions at
the beginning of the chapter apply broadly to all purchases, with increasingly specific
requirements addressed later in the chapter. This structure improves readability and
compliance.
• Provides additional detail regarding contracts and the contract approval process, enhancing
transparency and ensuring alignment with current practices and system functionality.
The State’s Attorney’s Office assisted with the review of Chapter 116 and the development of
the proposed amendments to ensure consistency with applicable law.

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AN ORDINANCE BY THE McLEAN COUNTY BOARD AMENDING CHAPTER 116
PURCHASING AND CONTRACTING IN THE McLEAN COUNTY CODE
WHEREAS, the McLean County Board has certain ordinances which promulgate certain rules
and regulations pertaining to Purchasing and Contracting; and
WHEREAS, Chapter 116 of the McLean County Code governs purchasing, procurement of
services, contracting, and use of the County’s new Enterprise Resource Planning (ERP) system;
and
WHEREAS, Administration proposes the following amendments to Chapter 116 in sections 1161 through 116-31 which will allow the County to fully implement the new ERP system while
maintaining appropriate controls, oversight, and accountability in County procurement activities;
and
WHEREAS, the Finance Committee of the McLean County Board, at their January 7, 2026,
meeting and the Executive Committee of the McLean County Board at their January 12, 2026
meeting concurred with such amendments; now, therefore,
BE IT ORDAINED by the County Board of McLean County, now in regular session, that the
aforesaid Chapter 116 Purchasing and Contracting is hereby amended as follows:
(Additions are indicated by text and stricken materials by text. Omitted material denoted by
three asterisks [***].)
Chapter 116. Procurement PolicyChapter 116 Purchasing and Contracting
Article I: General ProvisionsArticle I Purpose, Definitions, and Vendor Antidiscrimination Policy
§ 116-1 Purpose.
McLean County’s Procurement Policy has been adopted in good faith, are established in
accordance with all applicable laws and regulations related to procurement and contracting, and
is intended to The purposes of this purchasing and contracting policy for the County of McLean
in the purchasing of commodities, contractual and/or professional services and capital outlay items
are:
A. To Sstrive for lower costs, better quality, and improved purchase terms by:
1. Seeking standardization of contracts, procedures, and purchase terms;
2. Eliminating or reducing small orders and emergency orders;
3. Encouraging advanced planning;
4. Reducing paperwork through combined purchases; and
5. Encouraging cooperative and intergovernmental purchasing by departments.
B. To Sset forth guidelines for the procurement of recycled products.
C. To aAssure that value is received for the tax dollar expended.

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§ 116-2 Definitions.
The following definitions shall apply to the following words or phrases when used within this
chapter:
APPROVED VENDOR
A business, organization, or person that has completed the required processes to be set up in
McLean County’s financial management software to complete work for or on behalf of the County.
The qualifying process shall include, but may not be limited to, providing an IRS Form W-9 to the
County and showing evidence that they are not on a Federal or State debarment or suspension
list.Vendors and contractors which have been approved by the County Auditor as qualified to do
business with the County. Minimum qualification to become an approved vendor shall include an
IRS Form W-9 and evidence that the vendor is not on a federal or state debarment or suspension
list.
BOARD
Board may mean the McLean County Board, the McLean County Board of Health, or the McLean
County Board for Care and Treatment of Persons with a Developmental Disability, depending on
the context.The McLean County Board, McLean County Board of Health, or the McLean County
Board for Care and Treatment of Persons with a Developmental Disability.
BOARD COMMITTEE
The appropriate oversight committee of either the McLean County Board, McLean County Board
of Health, or the McLean County Board for Care and Treatment of Persons with a Developmental
Disability.
CAPITAL OUTLAY ITEMS
Fixed assets that have a useful life exceeding one year and a minimum cost of $10,000. Capital
outlay items may include, but are not necessarily limited to equipment, vehicles, technology,
furnishings, and machinery; these items are distinguished from routine operating expenses and
consumable supplies. Capital Outlay Items are typically recorded in the 800 line-item accounts in
the Chart of Accounts adopted by the County Board..Items for which expenditure accounts are
listed in the capital outlay category (800 line-item accounts) in the Chart of Accounts adopted by
the County Board.
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.
CHART OF ACCOUNTS
The index listing of every account in the general ledger divided into subcategories. The Chart of
Accounts includes the identification code, name, and brief expense description.
COMMODITIES
Commodities, also referred to as supplies, are consumable or expendable items which are used in
the course of County operations that are typically depleted through normal use, have a short useful
life, and are not intended to be capitalized. Commodities include, but are not necessarily limited
to office products, janitorial items, small tools, minor equipment, and other items that are regularly

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replaced and have a relatively low unit cost; commodities excludes fuel (i.e., gas, diesel fuel,
natural gas, oil). Commodities are typically recorded in the 600 line-item accounts in the Chart of
Accounts adopted by the County Board.Also referred to as "supplies." Items for which expenditure
accounts are listed in the commodities category (600 line-item accounts) in the Chart of Accounts
adopted by the County Board. Excludes fuel (i.e., gas, diesel fuel, natural gas, oil) and parts that
are compatible with existing equipment for the purposes of this policy only.
CONTRACT
A written agreement between the County and one or more other parties, which creates legally
enforceable obligations, such as for the County to procure supplies, services, materials, or capital
outlay items, or for the expenditure or receipt of County funds, or which obligates financial,
personnel, property, or other interests of the County. A contract may only be executed by officials
authorized by law or this Code, and in accordance with applicable procurement requirements,
approvals, and appropriations. Leases, grants, intergovernmental agreements, and amendments to
existing contracts are considered contracts pursuant to this Chapter.
CONTRACTUAL SERVICES
Services for which expenditure accounts are listed in the contractual category (700 line-item
accounts) in the Chart of Accounts adopted by the County Board.
COOPERATIVE PURCHASING
Joint purchasing among various County departments for specific items such as janitorial supplies,
paper supplies and office supplies. The County Administrator, upon review of budget requests,
shall determine which items shall be purchased cooperatively among departments. See the
definition of "intergovernmental purchasing" below.
COST
For the purpose of determining the method of purchasing as outlined in this Chapter, “cost” means
the total monetary expenditure required for supplies, services, materials, and/or capital outlay
items. This includes, but is not limited to, direct and indirect expenses.For the purpose of
determining the method of purchasing, i.e., need for quotation of bids, etc., cost shall be deemed
to be the amount budgeted and approved by the County Board, including such ancillary charges as
shipping and installation. Specific items should be purchased at one time in quantities sufficient
for at least one fiscal year unless the County Administrator approves an order split because of
perish ability or other such valid reasons. The total price of items of a generally similar nature, as
may be determined by the County Administrator (e.g., clothing items), shall be deemed to be cost
for the purpose of determining the method of purchase.
COUNTY ADMINISTRATOR
Pursuant to the County Board Ordinance, the appointed official who is given the responsibility for
coordinating County purchasing and enforcing this Procurement Policy.Pursuant to the County
Board Ordinance, the appointed official who is given the responsibility for coordinating County
purchasing and enforcing the Purchasing and Contracting Ordinance.
CREDIT CARD
See "procurement card."

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DEPARTMENT HEAD
All elected and appointed officials and the judicial officers of the Eleventh Judicial Circuit. A
department head may name persons in his or her department who are designated to act in his or
her capacity for the purpose of procurement. In those instances, the term "department head" shall
refer to those designees.All elected and appointed officials and the judicial officers of the Eleventh
Judicial Circuit. A department head may name persons in his or her department who are designated
to act in his or her capacity for the purpose of purchasing. In those instances, the term "department
head" shall refer to those designees.
EXPENDITURE ACCOUNT
Expenditure categories as listed, numbered and defined in the Chart of Accounts.
FORMAL BID
A written proposal detailing the price and terms and conditions to supply and/or furnish supplies,
services, materials, or capital outlay items, received from a vendor in response to a published
request for proposal (RFP).A written offer to supply and furnish commodities/materials and/or
capital equipment for a specified price; required when the cost is in excess of $30,000 unless
otherwise provided in § 116-4E.
FORMAL QUOTATION
A written estimate of the price to supply and/or furnish supplies, services, materials, or capital
outlay items from a vendor.A written offer to supply and furnish commodities/materials and/or
capital equipment for a specified price; required when the cost is greater than $5,000 up to $30,000.
INFORMAL QUOTATION
A verbal or written estimate detailing the price to supply and/or furnish supplies, services,
materials, or capital outlay items from a vendor.An offer to supply and furnish
commodities/materials and/or capital equipment for a specified price; required when the cost is
greater than $1,500 but less than $5,000.
INTERGOVERNMENTAL PURCHASING
Cooperative purchasing among County departments and other units of government for specific
items as provided for in the Governmental Joint Purchasing Act, 30 ILCS 525/1 et seq., or the
Intergovernmental Cooperation Act, 5 ILCS 220/1 et seq.
MATERIALS
Goods or items used in the construction, repair, maintenance, or operation of County facilities,
infrastructure, or equipment. Materials may include, but is not necessarily limited to lumber,
concrete, hardware, piping, wiring, fasteners, aggregates, and other components incorporated
into a project or used to support physical work efforts.
PERSON
An individual, firm, partnership, corporation, joint venture, or other entity.
PRIME CONTRACTOR
Any person who has entered into a public contract.

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PROCUREMENT CARD
An electronic or credit card issued in the County's name under the authority and discretion of the
County Board that provides an efficient, cost-effective method of purchasing and paying for
purchases of goods and services.
PROFESSIONAL SERVICES
Services that are not conducive to competitive bidding, pursuant to 55 ILCS 5/5-1022, because the
selection of a qualified vendor should be based on qualifications and expertise, rather than solely
on price. Qualifications and expertise may be based on specialized knowledge, training, technical
skills, or professional licenses that are required to perform such service. Professional services may
include, but are not limited to, lawyers, certified public accountants, architects and engineers,
appraisers, management and personnel consultants, and other unique professional services as
determined by the Board. All professional services contracts related 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.).Services which require a provider that
possesses a high degree of professional skill, where the ability or fitness of the person plays an
important part in the selection of a provider, and are of a nature that is not suitable to competitive
bids. Such services include, but are not limited to, lawyers, certified public accountants, architects
and engineers, appraisers, management and personnel consultants and other unique professional
services as determined by the Board. Pursuant to 55 ILCS 5/5-1022, professional services are
exempt from competitive bidding. All professional services contracts related 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.).
PUBLIC CONTRACT
Any contract for goods, services, or construction let with or without bid by any unit of state or
local government.
PURCHASE ORDER
A document issued by the County to a vendor that authorizes the purchase of specified supplies,
services, materials, or capital outlay items at an agreed-upon price and terms. A purchase order
constitutes the County’s formal commitment to expend funds, subject to lawful appropriation and
availability of funds.
REQUEST FOR INFORMATION (RFI)
A formal process for gathering information from potential suppliers of a service or commodity to
create greater understanding of the requirements to complete a project. RFIs are most commonly
utilized during software or construction projects when the project is complex and may be designed
under different methods or specifications.
REQUEST FOR PROPOSAL (RFP)
A formal process to announce a project, describe it, and solicit proposals from qualified vendors.
An RFP typically includes methods, timelines, and specific pricing details, with the intent that a
contract will be awarded to the most appropriate proposal.
REQUISITION

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A request initiated by a Department Head seeking approval to encumber County funds for a
specific purpose. A requisition shall describe the items or services requested, the estimated cost,
the account to be charged, and any other information required by this Code and the financial
management software. A requisition does not constitute authorization to purchase until it has
been approved in the financial management software.
SERVICES
Labor, time, or skills provided by a vendor.
SOLE SOURCE PROCUREMENT
A situation created due to the inability to obtain competition. May result because only one vendor
or supplier possesses the unique ability to meet the particular requirements of the solicitation. Sole
source procurement requires justification from the requesting department explaining why this is
the only source for the requirement; justification will be reviewed by the County Administrator for
validity.
SUBCONTRACT
A contract or contractual action entered into by a prime contractor or subcontractor for the purpose
of obtaining goods or services of any kind under a prime contract.
SUBCONTRACTOR
Any business, organization, or person who enters into an agreement to furnish any supplies,
services, or capital outlay materials to the County under a subcontract with the awarded vendor.
Any person, other than the prime contractor, who enters into an agreement to furnish any goods or
services of any kind to the County under a prime contract or as a subcontract or independent
contract entered into in connection with such prime contract.
SUPPLIES
Supplies, also referred to as commodities, are consumable or expendable items which are used in
the course of County operations that are typically depleted through normal use, have a short useful
life, and are not intended to be capitalized. Supplies include, but are not necessarily limited to
office products, janitorial items, small tools, minor equipment, and other items that are regularly
replaced and have a relatively low unit cost; supplies excludes fuel (i.e., gas, diesel fuel, natural
gas, oil). Supplies are typically recorded in the 600 line-item accounts in the Chart of Accounts
adopted by the County Board..Also known as "commodities." Items for which expenditure
accounts are listed in the commodities category (600 line-item accounts) in the Chart of Accounts
adopted by the County Board.
USED EQUIPMENT
Materials, supplies, and/or capital outlay items purchased secondhand or at auction. The purchase
of used equipment is exempt from competitive bidding pursuant to 55 ILCS 5/5-1022.Materials,
supplies, and/or capital equipment purchased secondhand. The purchase of used equipment is
exempt from competitive bidding pursuant to 55 ILCS 5/5-1022.
VENDOR
A business, organization, or person who may offer supplies, services, materials, capital outlay
items, commodities, contractual services, and/or professional services to the County.A person who

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supplies to the County any commodities, contractual and/or professional services, and capital
outlay items.
WRITTEN SPECIFICATIONS
A detailed, written description of the departmental supplies, services, materials, and/or capital
outlay items a department seeks to procure, which is included in the formal request for proposal
(RFP) packet, and includes any conditions or constraints that submitters must meet in their
proposals, and includes the required performance standards, functional requirements, and technical
criteria for the procurement.
§ 116-3 Vendor antidiscrimination policy.
Vendors are expected to comply with, and ensure their subcontractors comply with, all laws, rules,
regulatory requirements, and County policies applicable to their business, including but not limited
to those related to wages, hours, labor, health, safety, the environment, immigration, business
conduct, and ethics. In furtherance of the foregoing, the County hereby adopts the following to
promote a policy of nondiscrimination by and among entities doing business with the County:
A. Vendors, including their employees and contractors, shall not discriminate based on race,
color, religion, creed, ancestry, national origin, citizenship status, age, pregnancy,
disability, sex, gender identity, sexual orientation, marital status, status as a protected
veteran, or any other status for which discrimination or harassment is specifically
prohibited by state and/or federal law; and
B. Vendors, including their employees and contractors, shall comply with all applicable state
and federal civil rights laws and regulations pertaining to nondiscrimination, sexual
harassment and equal employment opportunity, including, but not limited to:
(1)

The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.);

(2)

The Illinois Public Works Employment Discrimination Act (775 ILCS
10/1 et seq.);

(3)

The United States Civil Rights Act of 1964;

(4)

Guidelines to Federal Financial Assistance Recipients Regarding Title VI
Prohibition Against National Origin Discrimination Affecting Limited
English Proficient Persons [Federal Register: February 18, 2002 (Volume
67, Number 13, Pages 2671 to 2685)]; Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. § 794);

(5)

The Americans with Disabilities Act of 1990 (as amended) (42 U.S.C. §
12101 et seq.);

(6)

The Age Discrimination Act (42 U.S.C. § 6101 et seq.); and

(7)

Executive Orders 11246 and 11375 (Equal Employment Opportunity).

§ 116-4 Public works contracts and project labor agreements.
A. For all public works projects estimated to be in excess of $50,000 of public funds, the County
of McLean shall require a project labor agreement, unless it has been determined by McLean
County that a project labor agreement would not advance the County's interests of cost,

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efficiency, quality, safety, timeliness, skilled labor force, labor stability, or to advance minorityowned or female-owned businesses, or businesses utilizing minority and female workers. The
terms of any project labor agreement shall not exceed the economic standards established by the
Illinois Prevailing Wage Act,[1] as from time to time amended, nor contain any requirement of
union membership of any contractor's employees or fair share payments by contractor's
employees. Project labor agreements shall not be required for contracts for private development
between the County and developers involving private business development activities (e.g.,
incentive agreements with developers on private redevelopment projects).
[1] Editor's Note: See 820 ILCS 130/0.01 et seq.
B. Unless it has been determined that a project labor agreement is not appropriate for a particular
public works project, or the estimated amount does not exceed $50,000, the County shall either:
(1) In good faith negotiate a project labor agreement with labor organizations engaged in
the construction industry that represent experienced and skilled construction workers; or
(2) Condition the award of a project manager or general contractor upon a requirement that
the manager or contractor negotiate in good faith a project labor agreement with labor
organizations engaged in the construction industry and, if necessary, use the Department of
Labor to reach a project labor agreement. The County may reserve the right to approve the
negotiated project labor agreement; or
(3) The County may alternatively designate a project labor agreement that has been
approved by a majority of the local trades to be utilized as part of the bid specifications for
any public works project.
C. A project labor agreement must:
(1) Set forth effective, immediate, and mutually binding procedures for resolving
jurisdictional disputes, labor disputes, and grievances arising before the completion of
work;
(2) Contain guarantees against strikes, lockouts, or other similar actions;
(3) Standardize the terms and conditions of employment of labor on the public works
project;
(4) Ensure a reliable source of skilled and experienced labor;
(5) Further public policy objectives to improve employment opportunities in the
construction industry for minorities, females, and those who are economically
disadvantaged as defined by the U.S. Small Business Administration; for purposes of this
subsection, the public policy objectives shall be deemed met if the public works project
employs at least 25% minorities or at least 25% of the total employees working on the
project are employed by minority-owned or female owned businesses;
(6) Permit contractors and subcontractors to retain a percentage of their current workforce,
in addition to labor referred through the signatory labor organizations;

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(7) Permit the selection of the lowest qualified responsible bidder, without regard to union
or nonunion status at other construction sites;
(8) Be made binding on all contractors and subcontractors on the public works project
through the inclusion of appropriate bid specifications in all relevant bid documents; and
(9) Include such other terms as the parties deem appropriate.
D. Any decision not to use a project labor agreement in connection with a public works project
by the County shall be supported by a written, publicly disclosed finding by the County setting
forth the justification for the non-use of the project labor agreement.
E. All parties participating in a project labor agreement shall provide the following:
(1) Certification of compliance in relation to the public works project with the
Occupational Safety and Health Act, the Family and Medical Leave Act, the Fair Labor
Standards Act, the Americans with Disabilities Act, the Age Discrimination in Employment
Act, the National Labor Relations Act, the Federal and State of Illinois Civil Rights Act, the
Illinois Human Rights Act, the Illinois Wage Payment and Collection Act and the
Prevailing Wage Act; and
(2) Documentation evidencing that such union has an active joint labor-management
apprenticeship and training program approved by and registered with the United States
Department of Labor's Bureau of Employment and Training Administration Office of
Apprenticeship; and
(3) Evidence of an established membership recruitment program that specifically includes
efforts to recruit residents of the County, minorities, and/or female participants; and
(4) Documentation evidencing the demographic characteristics of union membership and
participants of the apprenticeship and training program.

Article II Purchasing Policy
§ 116-4 5 Methods of purchasing.
A.
All County Department Heads shall follow the below methods of purchasing when
procuring supplies, services, materials, or capital outlay items on behalf of the County and/or
their Department. In addition to the below methods of purchasing, Department Heads shall
ensure contracts related to such purchases are reviewed in accordance with § 116-23. and such
purchases shall be made following the processes required by the financial management software.
Additionally, for purchases that utilize federal funding, Department Heads shall complete a
Federal Procurement Checklist and submit said checklist to the Auditor with any request for
payment.
B. Procurement Tiers

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1. Purchases of less than $5,000. Department Heads may purchase departmental supplies,
services, materials, and capital outlay items with a cost of less than $5,000 if the purchase
has been itemized in the rationale of the department's current budget. Purchases shall be
made in accordance with the procedures outlined in § 116-7 and by following the process
required by the financial management software.
2. Purchases of $5,000 or more but less than $10,000. Department Heads may purchase
departmental supplies, services, materials, and capital outlay items with a cost of $5,000
or more but less than $10,000 if the purchase has been itemized in the rationale of the
department's current budget and the Department Head has sought a minimum of three
informal quotations within 90 days of the purchase. The Department Head may determine
the most advantageous quotation to proceed with, and it is understood that the lowest
quotation may or may not be the most advantageous to the County. Any information
related to the informal quotation process must be documented and maintained. Purchases
shall be made in accordance with the procedures outlined in § 116-7 and by following the
process required by the financial management software, including attaching all
documentation and/or information related to the informal quotation process in the
financial management software
3. Purchases of $10,000 or more but not more than $30,000. Department Heads may
purchase departmental supplies, services, materials, and capital outlay items with a cost
of $10,000 or more but not in excess of $30,000 if the purchase has been itemized in the
rationale of the department's current budget and the Department Head has sought a
minimum of three formal quotations within 90 days of the purchase. The Department
Head may determine the most advantageous quotation to proceed with, and it is
understood that the lowest quotation may or may not be the most advantageous to the
County. Purchases shall be made in accordance with the procedures outlined in § 116-7
and by following the process required by the financial management software including
attaching all documentation and/or information related to the formal quotation process in
the financial management software.
4. Purchases of $30,000 or more. Department Heads may request County Board approval
of a written contract to purchase departmental supplies, services, materials, and capital
outlay items with an anticipated cost of $30,000 or more if the purchase has been
itemized in the rationale of the department's current budget, and the Department Head has
sought formal proposals using the procedures outlined in § 116-6 of this Chapter (unless
the purchase is exempt from such process as provided for in this Chapter).
a. Exception. Pursuant to 55 ILCS 5/5-1022(d), if an individual order does not
exceed $35,000, a Department Head may bring forth a written contract for
County Board approval without advertising for bids when such contract is for
the use, purchase, delivery, movement, or installation of data processing
equipment, software, or services and telecommunications and inter-connect
equipment, software, and services.
C. Notwithstanding the foregoing, for purchases not in excess of $30,000, the Department Head
or County Administration may determine that it is more advantageous to pursue requests for
proposals, as outlined in § 116-6 of this Chapter, and may require such.

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D. The Department Head may request, or the County Administrator may require, any purchase, no
matter the price, to be considered by the applicable oversight Committee(s) and/or Board(s) for
consideration.
The following methods of purchasing shall be followed by all department heads in purchasing any
supplies, services and capital outlay items:
A. Purchases less than $1,500. Purchase of supplies, services and capital outlay items with a
cost of less than $1,500 and itemized in the rationale of the department's current budget
shall be made without request for quotation, competitive bid, or prior Board approval.
The actual purchase of items costing over $1,500 shall be made by an authorized
purchase order when required by the vendor, as per § 116-7 herein.
B. Purchases of $1,500 or more but less than $5,000. Purchases with a cost of $1,500 or
more but less than $5,000 and itemized in the rationale of the department's current budget
shall be made by informal quotation and without prior Board approval. Request for
informal quotation (bid specifications) may be oral and taken by telephone. A minimum
of three informal quotations shall be requested. It is understood that the lowest quotation
may or may not be the most advantageous to the County.
C. Purchases of $5,000 or more but not in excess of $30,000. Purchases with a cost of
$5,000 or more but not in excess of $30,000 and itemized in the rationale of the
department's current budget shall be made by formal quotation. Request for formal
quotation does not require advertisement in a newspaper of general circulation. Request
for formal quotation (bid specifications) shall be written, and a minimum of three written
formal quotations shall be requested from vendors who, in the opinion of the department
head, are likely to provide the best price, quality, and service. It is understood that the
lowest quotation may or may not be the most advantageous to the County. Board
approval is not required for purchases made in accordance with this Subsection C when
funds have been allocated in the rationale of the department's current budget.
D. Purchases of more than $30,000. Purchases with a cost in excess of $30,000 and itemized
in the rationale of the department's current budget shall be made by formal bid. Pursuant
to 55 ILCS 5/5-1022, request for bids (bid specifications) shall be advertised in a
newspaper of general circulation and written bid specifications shall be prepared. Board
approval is required prior to purchases made in accordance with this Subsection D.
E. Notwithstanding the provisions of Subsection D, purchase may be made without
advertising for bids when individual orders do not exceed $35,000, for the use, purchase,
delivery, movement, or installation of data processing equipment, software, or services
and telecommunications and interconnect equipment, software and services. Board
approval is required prior to purchases made in accordance with this Subsection E.
F. At the discretion of the department head or County administration, purchases which cost
an amount not in excess of $30,000 may be made by formal, competitive bidding.
G. For procurement of goods or services for any program that utilizes federal funding,
purchasing departments must complete a Federal Procurement Checklist and submit said
checklist with any request for payment. The County Administrator shall make a Federal
Procurement Checklist available to all authorized purchasing authorities of the County.

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§ 116-5 6 Formal Request for Proposal Procedures.Competitive sealed proposals and
competitive sealed bidding procedures.
This section shall conform with all applicable laws and regulations, including 55 ILCS 5/5-1022.
Accordingly, all Department Heads shall follow these processes to initiate a formal request for
proposal (RFP) for purchases of supplies, services, materials, or capital outlay items on behalf of
the County and/or their Department in excess of $30,000 (or as otherwise provided for in § 1165) and itemized in the rationale of the department's current budget. All contracts resulting from
the procedures specified herein are subject to Article III of this chapter.
A. Proposal documents. The Department Head and/or the County Administrator shall prepare
and send out all formal RFP documents and shall be responsible for complying with all current
federal, state, and County regulations. The Department Head should seek assistance with these
procedures from the Office of the County Administrator, if needed. RFP documents shall consist
of the following:
(1) Public notice / advertisement requesting the submission of sealed proposals.
(a) The Department Head and/or County Administrator shall prepare notice of the
RFP and publish such notice in a newspaper having general circulation within
McLean County at least once in the ten (10) days prior to the scheduled date of
the opening of the RFP submissions. Such notice shall also be posted on the
County’s website for the duration of the RFP submission period.
(b) Said notice shall indicate the County office where the RFP documents are
available to pick up, and the time and place of the opening of RFP submissions.
(2) Written specifications.
(a) Department Heads and/or the County Administrator shall prepare written
specifications for the departmental supplies, services, materials, and/or capital
outlay items to be procured.
1. The appropriate Board oversight committee may review the
specifications prior to the issuance of the RFP if requested by the
Department Head and/or County Administrator.
(b) The written specifications shall include any documentation vendors must
complete, which may include, but not be limited to, acknowledgement forms,
certificates of insurance, submitter’s form, and/or suspension/debarment
certification forms.
(c) The written specifications shall include a provision that any vendor who
submits a proposal with modifications and/or substitutions to the written
specifications must specify the modifications and/or substitutions in their
submission.
(d) The written specifications shall include the required provisions pursuant to
section 116-24 for any awarded contract.
(e) The written specifications shall include a provision that the RFP documents
may be amended at any time prior to the opening of the RFP submissions. All
amendments shall be provided via an addendum to any person, firm, or

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corporation who has requested RFP documents. Receipt of addendums must be
acknowledged in writing by submitters at or prior to the time of the opening of the
RFP submissions.
(f) The written specifications shall include a provision regarding proposal
rejections and waivers. This provision shall include that the County reserves the
right to reject any or all proposals, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional proposals; the County further reserves
the right to reject the proposal of any vendor whom it finds, after reasonable
inquiry and evaluation, to not be responsible; the County may also reject the
proposal of any vendor if the County believes that it would not be in the best
interest of the project to make an award to that vendor; the County also reserves
the right to waive all informalities not involving price, time, or changes to the
specifications, and to negotiate contract terms with the successful Vendor.
(g) The written specifications shall not be written in a way that would exclude a
specific vendor, unless it has been determined that the interests of the County can
be best served by including a particular specification.
(3) The written specifications shall include instructions to vendors on the proper
procedures, including required documentation, time, and place, to submit a proposal.
B. Receipt of proposals. Proposals must be received prior to or at the time specified in the vendor
instructions. Late bids shall not be considered and may be returned unopened to the vendor upon
their request. When a submission is received, the department which received it shall stamp the
submission with the time and date it was received.
C. Opening of proposals. Submitted proposals shall be opened and read aloud publicly at the
time and place specified in the vendor instructions. The department responsible for opening the
submissions shall prepare a bid tabulation document at the time of the opening.
D. Presentation of proposals to Board oversight committee. The Department Head shall
determine the most advantageous proposal, if any, to proceed with based on price, quality,
service, and other lawful considerations deemed important by the Department Head. It is
understood that price alone is not the determining factor, and that the proposal with the lowest
price may or may not be the most advantageous to the County. The Department Head shall
present the most advantageous proposal and any necessary documentation, such as a contract that
has been reviewed by the State’s Attorney’s Office, to the County Board for consideration.
E. Right of the Board to reject or approve proposals. The Board may approve or reject the
proposal recommended by the Department Head. If the Board does not approve the
recommended proposal, the Board may approve another proposal that it determines would be
most advantageous for the County based on price, quality, service, and other lawful
considerations deemed important by the Board. It is understood that price alone is not the
determining factor, and that the proposal with the lowest price may or may not be the most
advantageous to the County. The Board reserves the right to waive any informalities or any
requirements of the written specifications. Furthermore, the Board reserves the right to reject any
or all proposals for any reason.

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F. Purchase. The purchase, pursuant to the awarding of a proposal, shall be made through a
contract approved by the Board, or purchase order as set forth in this chapter. Additionally, the
purchase shall be made following the processes required by the financial management software.
G. If no responsive proposals are received, the purchase may be made using one of these
methods:
(1) The Department Head shall draft a memo outlining the steps taken to solicit
proposals, including date(s) that it was advertised, where it was advertised, and any
attempts taken to inform vendors of the opportunity. This memo, and all documents
related to the project, shall be sent to County Administration.
(2) If approved by County Administration, the department head may proceed with
engaging with potential vendors to complete the project using the guidelines outlined for
formal quotations as outlined in § 116-5.
Purchase of materials, supplies, services, and capital outlay items costing in excess of $30,000 and
itemized in the rationale of the department's current budget shall be by formal competitive bidding
and initiated with the request for proposals process.
A. Written specifications. Department heads shall prepare written bid specifications and
other required documents prior to initiating procedures for the purchase of any
commodity, supply, service or capital outlay item costing in excess of $30,000.
B. Proposal/bid documents. The department head and/or the County Administrator shall
prepare and send out all competitive bidding documents and shall be responsible for
being compliant with all current state and federal regulations. Bid documents shall
consist of the following four parts:
1. Public notice advertisement requesting sealed proposals and bids.
a. The County department and/or County Administrator shall prepare such
notice and publish it in a newspaper of general circulation in McLean
County at least once in 10 days prior to the scheduled date of proposal/bid
opening.
b. Said notice shall indicate the County office where specifications are
available and the time and place of proposal/bid opening.
2. Written specifications.
a. Specifications shall be prepared by the County department in accordance
with this chapter.
b. Written specifications shall be reviewed by the department head and/or
County Administrator. The department head and/or County Administrator
may refer the review of the specifications to the appropriate Board
oversight committee.
c. Specifications may be amended prior to the proposal/bid opening if so
authorized by the department head and/or County Administrator, provided
all approved changes are transmitted to any person, firm or corporation
requesting bidding documents. All other bidding documents shall be
revised accordingly. Receipt of addendums/amendments shall be

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acknowledged in writing by the bidder at or prior to the time of
proposal/bid opening.
d. Specifications shall not be exclusionary to one vendor except where the
appropriate Board oversight committee, 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,
upon recommendation of the department head, and/or County
Administrator determines that the interest of the County can be best served
by a particular specification.
e. Any vendor submitting a proposal/bid with modifications and/or
substitutions to the specifications must state the modifications and/or
substitutions in writing.
3. Instructions to vendors shall be prepared according to this chapter.
4. All contracts and purchases under this chapter shall be in conformity with 55
ILCS 5/5-1022.
C. Receipt of proposals/bids. Each sealed proposal/bid received shall be stamped with the
time and date received.
D. Opening of proposals/bids. Proposals/bids shall be opened and read aloud publicly. Such
documents may be opened, tabulated and analyzed by any one of the following: the
department head, the County Administrator, the County Auditor, the appropriate Board
oversight committee, the McLean County Board of Health, or McLean County Board for
Care and Treatment of Persons with a Developmental Disability, or any combination
thereof at the discretion of such committee.
E. Presentation of proposals/bids to Board oversight committee. It shall be the responsibility
of a department head to present and discuss with the appropriate Board oversight
committee the proposals/bids received. These officials shall then recommend the
awarding of a proposal/bid to the appropriate Board oversight committee. The committee
shall then reject the bid or recommend to the Board the awarding of the bid.
F. Right of the Board to reject or accept bids. The Board may accept or reject the
recommended bid. If the recommended bid is not accepted, the Board may accept any
other bid or may reject all bids. The Board reserves the right to waive any or all
specifications and to reject any or all bids.
G. Awarding of bids. A bid shall be awarded by the Board to the vendor whose bid, in the
opinion of the Board, is the most advantageous to the County based on price, quality,
service and other lawful considerations deemed important by the Board, taking into
consideration that the lowest bid may or may not be necessarily the most advantageous to
the County.
H. Purchase. The purchase, pursuant to the awarding of a bid, shall be made through
authorized contract or purchase agreement as set forth in this chapter.
I. Bids must be received prior to or at the time specified in the bid. Late bids shall not be
considered and may be returned unopened to the vendor upon their request. If no bids are
received, the purchase can be made using one of these methods:

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1. For purchases in excess of $30,000 where there were no bids received, as part of a
competitive bidding process, the department head shall draft a memo outlining the
steps taken to solicit bids including date(s) that it was advertised, where it was
advertised, and any attempts taken to inform prospective bidders of the
opportunity. This memo shall be sent to County Administration and included with
all documents related to the project.
2. The department head may proceed with engaging with potential firms to complete
the project using the guidelines outlined for formal quotations as outlined in §
116-4.
§ 116-6 Approval procedure for bids, proposals, and quotations.
All formal bids and contracts shall be approved by the appropriate Board oversight committee and
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.
§ 116-7 Requisition and Purchase Orders.Purchase orders.
A. The Department Head shall process a Requisition or Purchase Order when such is required
by the financial management software for the purchase of departmental supplies, services,
materials, or capital outlay items.
B. When a purchase does not require the creation of a Requisition or Purchase Order in the
financial management system, the Department Head shall follow the financial management
software procedures to ensure a record is created.
C. After a Requisition or Purchase Order has been executed, specifications for the item(s) to
be purchased cannot be changed without approval from authorized personnel. If the price
of the item(s) being purchased increases, the increase in price must be presented for
consideration to the applicable oversight Committee(s) and/or Board(s) that initially
approved the purchase.
The following steps shall be followed by all department heads in purchasing any materials/supplies
and/or capital outlay items which cost at least $30,000 or as required by the vendor. Purchases of
contractual and professional services do not require the use of a purchase order form.
A. All items to be purchased shall be listed with prices on a purchase order form as
generated by the appropriate financial management system.
B. Prior to purchase, the department head shall enter a purchase order request into the
financial system for the County Auditor's approval that sufficient funds are available for
the purchase and may be encumbered against the appropriate departmental budget line
item or items.
C. After a purchase order has been executed, specifications for the items to be purchased
cannot be changed without approval from the appropriate Board oversight committee in
all instances where committee authorization of the purchase was involved.
§ 116-8 Usage of joint purchasing programs.
If, in the opinion of the department head and/or County Administrator, it is most advantageous to
the County to purchase departmental supplies, services, materials, and capital outlay items through
a joint purchasing program, as provided for in 30 ILCS 525, the Department Head may proceed

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with the purchase in accordance with the procedures outlined in § 116-7 or § 116-20, depending
on the price, and by following the processes required by the financial management software. All
departments utilizing this method shall file all purchasing documentation with the County
Administrator and County Auditor.If, in the opinion of the department head and/or County
Administrator, it is advantageous to McLean County to purchase items through joint purchasing
programs, as provided in 30 ILCS 525, the department head then shall not be required to request
quotations for items with a cost in excess of $1,500 or more or to request competitive bids for
items with a cost in excess of $30,000.
A. All items obtained through joint purchasing programs must be purchased following the
guidelines set forth in § 116-7 herein. All departments utilizing this method shall file all
purchasing documentation with the County Administrator and County Auditor.
§ 116-9 Items exempt from competitive solicitation.
Notwithstanding § 116-5(B)(4) and in accordance with 55 ILCS 5/5-1022(c), Department Heads
may purchase departmental supplies, services, materials, and capital outlay items with a cost in
excess of $30,000 or more without seeking formal proposals for the purchase, if soliciting formal
proposals and competitive bids is impractical, as provided for herein, or as otherwise determined
by the County Administrator. Additionally, the purchase must be itemized in the rationale of the
department's current budget, and the department must receive County Board approval prior to
such purchase. It has been determined seeking formal proposals for the following supplies,
services, materials, and capital outlay items is impractical:
A Utilities.
B. Advertising.
C. Courier services such as UPS or FedEx.
D. Memberships.
E. Professional services.
F. Used equipment.
G. Purchases related to civil or criminal litigation, or confidential employment-related
investigations, such as attorney services, legal materials, investigators, and other related experts,
with the approval of legal counsel.
H. Purchases where the cost of the item or service is set by state or federal law.
I. Purchases made from other federal, state or local governmental entities, provided such
purchases are for rent of the entity's facilities or reimbursement for services directly provided by
the entity.
J. Purchases needed by the County pending the award of a proposal, contract renewal, or bid
protest action, and the vendor agrees to provide such supplies, services, materials, and/or capital
outlay items at the same contract price as a previous award, or at a revised price that reflects
changes in applicable governmental indexes since the beginning of the current contract period,
until a new contract has been awarded following the methods of purchasing procedures outlined
in § 116-5. Such interim period contracts shall not normally exceed 180 days, or until resolution
of a bidder's protest..

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Exempt goods, supplies, and services are items where competitive solicitation is impractical. The
following items can be obtained without conducting a competitive solicitation process:
A. Utilities.
B. Advertising.
C. Courier services such as UPS or FedEx.
D. Memberships.
E. Professional services.
F. Used equipment.
G. Certain expenses related to civil or criminal litigation, or confidential employment-related
investigations, such as attorney services, legal materials, investigators, and other related
experts, with the approval of legal counsel.
H. Certain expenses where the cost of the item or service is set by state or federal law.
I. Purchases made from other federal, state or local governmental entities, provided such
purchases are for rent of the entity's facilities or reimbursement for services directly
provided by the entity.
J. Goods, supplies, and/or services needed by the County pending a bid award, contract
renewal or bid protest action and a contractor agrees to provide such goods, supplies, and/or
services at the same contract price as a previous award, or at a revised price that reflects
changes in applicable governmental indexes since the beginning of the current contract
period, until a new contract has been awarded. Such interim period contracts shall not
normally exceed 180 days, or until resolution of a bidder's protest.
§ 116-10 Sole source procurement.
A. When a Department Head believes a purchase of supplies, services, capital outlay items,
or materials is not suitable to acquire by the methods of purchasing outlined in § 116-5
because there is only one vendor possessing the unique ability to meet the particular
requirements of the solicitation and no reasonable alternative exists, the Department Head
shall provide the County Administrator written justification, using the Sole Source
checklist, explaining why sole source procurement is necessary. The County
Administrator will review the request and determine whether the justification is sufficient
and whether it is in the best interest of the County to proceed with sole source
procurement.
B. If the request for sole source procurement is approved by the County Administrator, the
Department Head may proceed with the purchase in accordance with the procedures
outlined in § 116-7 or § 116-20, depending on the price, and by following the processes
required by the financial management software. All departments utilizing this method
shall file all sole source procurement documentation with the County Administrator and
County Auditor.
A contract may be awarded where it is determined that it is not feasible to secure bids or that there
is only one source for the required goods or services. In other situations, it may be determined that
it is in the best interests of the County to consider only one supplier who has previous expertise

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relative to procurement. The issuing department shall prepare supporting documentation for
review and approval by the County Administrator. Whenever it is not feasible or is not in the
County's best interest to satisfy the minimum bid requirements, the reason for this determination
shall be indicated in writing and retained with the contract.
§ 116-11 Standardized purchases.
As needed, the County Administrator may review spending patterns and establish standards
concerning the type, design, quality, or brand of a specific article or group of related items or
services purchased by the County. Adopting standardized purchases based on spend analysis
allows the County to establish or maintain uniformity in appearance and/or quality and/or achieve
cost savings through volume pricing.
§ 116-12 Emergency procurement.
It is the policy of the McLean County Board that:
A. Emergency procurement shall be classified as purchases which ensure public health and
safety, protect public property, and limit County liability.
B. In the event of catastrophic or unanticipated incident, an enemy-caused, man-made or other
natural disaster, the County Administrator, County Board Chair, or Director of Emergency
Management Agency is authorized on behalf of the County to procure services, supplies,
equipment or materials as may be necessary for such purposes in view of the exigency to ensure
ongoing government operations, without regard to the procedures normally prescribed pertaining
to County contracts or obligations. In the event that the McLean County Board is meeting at the
time of such disaster, the County Administrator or County Board Chair shall act subject to the
direction and restriction imposed by that body.
C. Following any emergency procurement, related documentation shall be maintained following
the financial management software procedures. The Department Head shall inform the
appropriate oversight committee and/or Board of such emergency procurement at the next
scheduled meeting.
A. Emergency purchases shall be classified as those purchases which ensure public health and
safety, protect public property, and limit County liability.
B. In the event of catastrophic or unanticipated incident, an enemy-caused, man-made or other
natural disaster, the County Administrator, County Board Chair, or Director of Emergency
Management Agency is authorized on behalf of the County to procure services, supplies,
equipment or material as may be necessary for such purposes in view of the exigency to
ensure ongoing government operations, without regard to the procedures normally
prescribed pertaining to County contracts or obligations. In the event that the McLean
County Board is meeting at the time of such disaster, the County Administrator or County
Board Chair shall act subject to the direction and restriction imposed by that body.
§ 116-13 Additional regulations and procedures.
A. Exemption from purchasing rules and regulations. The appropriate oversight committee
and/or Board may exempt the purchase of any specific item or service, as well as items that
are provided by a sole source, from compliance with this chapter when such committee, by
two-thirds vote of members present, believes that such exemption is in the best interest of

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the County. Any such exemption will be reported at the next regular Board meeting by the
committee chairman.
B. Capital equipment trial basis. Capital equipment cannot be taken on trial except where prior
approval has been given by the appropriate Board oversight committee or by the Board.
C. Emergency repairs. When an unanticipated expenditure for emergency repairs or
replacement must be made in order to ensure the continued operation of a County function,
and the appropriate oversight committee and/or Board cannot immediately consider such
expenditure, the Department Head shall contact the County Administrator or County Board
Chair for approval. Following any unanticipated expenditures for emergency repairs or
replacements, related documentation shall be maintained following the financial
management software procedures. The Department Head shall inform the appropriate
oversight committee and/or Board of such unanticipated expenditures for emergency
repairs or replacements at the next scheduled meeting.
D. Annual notification of current vendors. The County Auditor annually shall make available
to approved vendors the County's purchasing policy. The County Auditor shall also make
known to approved vendors that failure to follow these procedures may result in loss of
payment or disqualification from the list of approved vendors.
E. The Auditor shall make a report monthly to each oversight committee with respect to the
recommendation to pay bills. If the Auditor's Office deems that an invoice or bill for
service submitted by a department shall not be recommended for payment, the Auditor's
Office shall, within five business days of receipt, notify the department head of any such
discrepancy and shall request additional documentation or clarification of any
discrepancies. If such communication does not result in the resolution between the
Auditor's Office and the department, the department Head shall be responsible to notify
the Auditor's Office and the County Administrator's Office seven days in advance of the
oversight committee meeting of its intent to dispute such recommendation of
nonpayment, and both the department and the Auditor's Office shall provide written
documentation to the County Administrator's Office, who will provide such to the
oversight committee upon receipt.
A. Exemption from purchasing rules and regulations. The appropriate Board oversight
committee, 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, may exempt the purchase of any specific item or service, as well as items that are
provided by a sole source, from compliance with this policy when such committee, by twothirds vote of members present, believes that such exemption is in the best interest of the
County. Any such exemption will be reported at the next regular Board meeting by the
committee chairman.
B. Capital equipment trial basis. Capital equipment cannot be taken on trial except where prior
approval has been given by the appropriate Board oversight committee or by the Board.
C. Emergency repairs. When a unique expenditure for emergency repairs or replacement must
be made in order to ensure the continued operation of a County function, and the
appropriate Board oversight committee cannot be immediately contacted to approve such
expenditure, the department head shall contact the County Administrator or County Board

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Chair for interim approval. The department head will inform the appropriate oversight
committee at the next scheduled meeting.
D. Annual notification of current vendors. The County Auditor annually shall make available
to approved vendors the County's purchasing policy. The County Auditor shall also make
known to approved vendors that failure to follow these procedures may result in loss of
payment or disqualification from the list of approved vendors.
E. The Auditor shall make a report monthly to each oversight committee with respect to the
recommendation to pay bills. If the Auditor's Office deems that an invoice or bill for service
submitted by a department shall not be recommended for payment, the Auditor's Office
shall, within three business days of receipt, notify the department head of any such
discrepancy and shall request additional documentation or clarification of any
discrepancies. If such communication does not result in the resolution between the
Auditor's Office and the department, the department shall be responsible to notify the
Auditor's Office and the County Administrator's Office seven days in advance of the
oversight committee meeting of its intent to dispute such recommendation of nonpayment,
and both the department and the Auditor's Office shall provide written documentation to
the County Administrator's Office, who will provide such to the oversight committee upon
receipt.
§ 116-14 Vendor and Contractor eligibility and debarment.Contractor eligibility and
debarment.
A. Vendors who develop statements of work or requests for proposals shall be excluded
from competing for such procurement opportunities.
B. Any vendor, bidder, supplier, contractor, or subcontractor who is delinquent in the
payment of property taxes, real or personal, to the County Treasurer shall be considered to
be an irresponsible vendor, bidder, contractor, or supplier, and for that reason shall be
ineligible to bid upon, to supply to, or contract with McLean County for the delivery of
any goods or services.
C. Any vendor who is identified on the current federal or state "suspension or debarment"
list shall be deemed ineligible while they are on such list. The County may void current
agreements and contracts with vendors who are added to the federal or state suspension
and debarment lists after an agreement or a contract has been awarded.
A. Contractors that develop statements of work and invitations for bids or requests for
proposals are excluded from competing for such procurement transactions.
B. Any bidder, supplier, contractor, or subcontractor who is delinquent in the payment of
property taxes, real or personal, to the County Treasurer shall be considered to be an
irresponsible bidder, contractor or supplier and for that reason shall be ineligible to bid
upon, to supply to, or contract with McLean County for the delivery of any goods or
services.
C. County contracts may not be awarded to any vendor who is identified on the current federal
or state "suspension or debarment" list at the time of contract award. The County may void
contracts with vendors who are added to the federal or state suspension and debarment lists
after a contract is awarded.

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§ 116-15 Recycled procurement policy.
A. Responsibility. It is the responsibility of all County departments to use, whenever
practicable, recycled products and to seek means to maximize waste reduction, reuse of
materials and recycling options in their day-to-day operations. It is the responsibility of the
Solid Waste Coordinator to provide information and technical assistance to County
departments, local governments, schools, and other public and private organizations
interested in purchasing recycled products. It is the responsibility of County departments
to promote and coordinate the procurement of recycled products with vendors
B. Forms. The County will require a manufacturer's affidavit of recycled products where
applicable.
C. Procedures. To implement this policy, the County will, to the extent practicable:
1. Use recycled paper for all stationery, newsletters, copy paper, notepads, business cards,
and computer paper. Recycled paper must meet EPA Guidelines for Paper and Paper
Products containing Recovered Materials. As a demonstration of commitment to
recycling, when printing on recycled paper, users are encouraged to display a "printed
on recycled paper" logo.
2. Investigate the use of recycled products as they become available.
D. Additional considerations. In addition to the aforementioned procedures, the County will,
to the extent practicable, consider the following:
1. Minimum content of recycled products. Even though materials and products will have
varied recycled material content, based upon individual specifications, every attempt
should be made to maximize the post-consumer content of the recycled product. As
previously noted, recycled paper must meet EPA guidelines. Additionally, EPA
guidelines and sources of recycled products are available in the office of the Solid
Waste Coordinator.
2. Policy limitations. Even though quantities, sizes, colors, textures, styles, quality, and
weights required for services are limited to manufacturer's minimums, availability, and
recycled content per EPA guidelines as well as capabilities and warranties of in-house
equipment, every attempt should be made to maximize the post-consumer content of
the recycled product.
3. Noncompetitive considerations. Where applicable, approved solicited bids and
proposals for recycled products at a cost differential not to exceed 10% above virgin
(nonrecycled) material costs, initially, with an ultimate goal of competitive bids, as long
as such practice is consistent with other provisions of this chapter, as well as with state
and federal rules and regulations, contract agreements and grant programs.
4. Budgetary considerations. Application of this policy is predicated upon funding
availability in any given fiscal year. When budgetary allowances for noncompetitive
consideration have been eliminated or reduced, pursuant to Subsection D(3), County
departments will maintain budgetary responsibility as their first priority and award to
the lowest responsible vendor for products covered by this policy.
§ 116-16 Exceptions.

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The foregoing purchasing policy shall apply in each case except in those instances where federal
or state statutes, policies and regulations govern.
§ 116-17 16 Use of procurement card.
A. A County department may obtain a procurement card for the efficient operation of the
department in regard to charging and payment of departmental expenses.
B. All requests to obtain a procurement card must be approved by the appropriate County
Board oversight committee.
C. Procurement cards must be issued in the name of the department, with the department
head as the responsible party for billing purposes.
D. Charges shall not be made to a department procurement card which are not covered by
sufficient appropriation in the appropriate County budget unless authorized by the
County Administrator in cases of emergency pursuant to §§ 116-12 and 116-13C.
E. The County is responsible for payment of all procurement card charges and will use all
means at its disposal to recover charges made by any individual in violation of County
policies.
F. Every person who is authorized by the County Board to obtain a procurement card or
who is authorized to use a procurement card by a department head must sign a cardholder
agreement, which will be filed with the County Auditor.
§ 116-18 17 County procurement records.
A. Procurement records. All determinations and other written records, notes of telephone
conversations and notes for oral conversations pertaining to the solicitation, award, and
performance of a contract shall be maintained so that it can be referenced if a need in
arisesAll determinations and other written records, notes of telephone conversations and
notes for oral conversations pertaining to the solicitation, award and performance of a
contract shall be maintained for the County in the procurement records.
B. Contract audit. The County Auditor shall be entitled to audit the books and records of a
contractor or a subcontractor at any tier under any contract or subcontract to the extent
that such books, documents, papers, and records are pertinent to the performance of such
contract or subcontract. The contractor or subcontractor shall maintain such books and
records for a period of three years from the date of final payment. Medicare record
retention shall be followed when appropriate.
C. Retention of procurement records. All procurement records and contracts shall be
retained and disposed of by the County in accordance with records retention guidelines
and schedules approved by the State of Illinois Local Records Commission and 55 ILCS
5/3-1005.
§ 116-19 18 Disposal of assets.
Disposal of obsolete, outdated, or otherwise unusable assets shall be done in accordance with § 5015.
§ 116-20 19 Bid splitting and reporting of anticompetitive practices.

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The splitting of any contract or purchase into smaller contracts or purchases with the purpose or
effect of evading the procurement and approval thresholds established by this chapter is prohibited.
When for any reason collusion or other anticompetitive practices are suspected among any bidders
or offerors, or by any County employees or officers, an employee with knowledge of such reason
shall report all relevant facts to the McLean County State's Attorney. Any employee making a
good faith report under this section shall have all protections afforded to a whistleblower under
the Whistleblower Act (740 ILCS 174).
Article III Contracts
§ 116-21 Applicability.
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.
§ 116-22 20 Approval of Contracts.Approval by Board.
When financial, personnel, property, or other interests of the County will be obligated, all
corresponding contracts shall be submitted to the applicable oversight Committee(s) and/or
Board(s) for consideration, unless otherwise provided for in Article II of this Chapter, or in state
or federal statute, policy, or regulation. In the event the Department Head has the authority to
approve such contract, they shall follow the procedures required by the financial management
software. In the event approval is required by the County Board, the Department Head shall
prepare a memo and submit such contract to County Board, via the applicable oversight committee,
for consideration, and if approved, the contract shall be signed by the County Board Chair and
attested to by the County Clerk. 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.
§ 116-21 Filing of Contracts.
A fully executed copy of all contracts shall be submitted to County Administration and the
County Auditor for filing.
§ 116-23 Approval of intergovernmental agreements and commitments under grants.
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.
§ 116-24 22 Authority.
No officer or employee of the County of McLean, has the authority to enter into any contract which
would bind the County, unless said contract is approved pursuant to the provisions of this Chapter
or authority is otherwise granted by law. No rights, interests, or estates shall vest in any person
unless or until such contracts are approved pursuant to this Chapter. 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.

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§ 116-25 23 Review of contracts.
All contracts, including contract renewals, shall be submitted to the State's Attorney for review.
Review by the State’s Attorney and any revisions required shall be completed before the
Department Head signs such contract or submits such contract as an agenda item for consideration
by the County Board and/or the appropriate oversight committee.All contracts shall be referred to
the State's Attorney for review prior to their submission to the County Board.
§ 116-26 24 Required provisions.
All contracts shall include the following provisions, except when it is determined by the State’s
Attorney that 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: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 workers’workmen's compensation insurance which provides full
statutory coverage.
2. General liability insurance, including, when 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, damages, and injuries, including
death, which results from the negligence of the other party to the contract, any
contractors, any subcontractors, or any suppliers, in the performance of the
contract.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.
D. A provision that payment from the County is due 60 days after receiving an invoice, in
accordance with the Local Government Prompt Payment Act, and interest, if any, shall be
calculated as provided for in the Act.
E. A termination clause allowing the County to terminate the contract by providing at least
30 days advanced written notice, or sooner if funds have not been allocated.

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F. A limitation of liability clause that is appropriate for the type of contract that is being
entered into and is based on the acceptable amount of risk related to the contract.
§ 116-27 25 Multiyear contracts and renewals.
A. The County's policy on multiyear contracts (excluding leases) includes the following:
1. All multiyear contracts presented for approval shall contain the total value of the award
for the multiyear period.
2. Only the current fiscal year portion shall be encumbered.
3. Multiyear contracts shall not be presented to any committee or the County Board that
exceed a total term of four years, unless approved in advance by the County
Administrator and not to exceed 10 years.
B. Contract renewals:
1. All requests for contract renewals shall originate from the impacted department, prior
to the expiration of the current term. The Department Head shall prepare a memo
addressed to the appropriate oversight committee indicating the desire for the renewal,
the subsequent renewal term, the total dollar value for the renewal period, and specify
any alterations to the original terms of the contract, including pricing increases or
decreases.contracts that contain an optional renewal clause shall be presented for
approval to the appropriate oversight committee of the department and include the total
dollar value for the renewal term and the dollar value of the initial period of the award.
2. All requests for contract renewals shall originate from the issuing department in the
form of a memo and change order addressed to the appropriate oversight committee
indicating the desire for the renewal, the subsequent renewal term, the total dollar value
for the renewal period and specify any alterations to the original terms of the contract.
3. The request shall be submitted prior to the expiration date of the current period.
4. All contracts containing any alterations of terms from the original contract shall be
reviewed by the State's Attorney before submission to any oversight committee or the
County Board.
§ 116-28 26 Conflicts of interest.
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.
§ 116-29 27 Performance of contracts.
Department Heads shall be responsible for overseeing the performance of all contracts brought
forth by their department. If the contract performance requires a Change Order, the Department
Head shall bring forth such in accordance with §116-5Upon 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.
§ 116-30 Applicability.

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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.
***** PLEASE NOTE THAT § 116-31 IS UNCHANGED AND HAS BEEN RELOCATED
TO § 116-4; SINCE THAT PORTION OF THE CODE COVERS GENERAL
PROCUREMENT REQUIREMENTS********
Article IV Labor Agreements and Local Preference
§ 116-31Public works contracts and project labor agreements.
A. For all public works projects estimated to be in excess of $50,000 of public funds, the
County of McLean shall require a project labor agreement, unless it has been determined
by McLean County that a project labor agreement would not advance the County's
interests of cost, efficiency, quality, safety, timeliness, skilled labor force, labor stability,
or to advance minority-owned or female-owned businesses, or businesses utilizing
minority and female workers. The terms of any project labor agreement shall not exceed
the economic standards established by the Illinois Prevailing Wage Act,[1] as from time
to time amended, nor contain any requirement of union membership of any contractor's
employees or fair share payments by contractor's employees. Project labor agreements
shall not be required for contracts for private development between the County and
developers involving private business development activities (e.g., incentive agreements
with developers on private redevelopment projects).
1] Editor's Note: See 820 ILCS 130/0.01 et seq.
B. Unless it has been determined that a project labor agreement is not appropriate for a
particular public works project, or the estimated amount does not exceed $50,000, the
County shall either:
1. In good faith negotiate a project labor agreement with labor organizations engaged in
the construction industry that represent experienced and skilled construction workers;
or
2. Condition the award of a project manager or general contractor upon a requirement that
the manager or contractor negotiate in good faith a project labor agreement with labor
organizations engaged in the construction industry and, if necessary, use the
Department of Labor to reach a project labor agreement. The County may reserve the
right to approve the negotiated project labor agreement; or
3. The County may alternatively designate a project labor agreement that has been
approved by a majority of the local trades to be utilized as part of the bid specifications
for any public works project.
C. A project labor agreement must:
1. Set forth effective, immediate, and mutually binding procedures for resolving
jurisdictional disputes, labor disputes, and grievances arising before the completion of
work;
2. Contain guarantees against strikes, lockouts, or other similar actions;

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3. Standardize the terms and conditions of employment of labor on the public works
project;
4. Ensure a reliable source of skilled and experienced labor;
5. Further public policy objectives to improve employment opportunities in the
construction industry for minorities, females, and those who are economically
disadvantaged as defined by the U.S. Small Business Administration; for purposes of
this subsection, the public policy objectives shall be deemed met if the public works
project employs at least 25% minorities or at least 25% of the total employees
working on the project are employed by minority-owned or female owned businesses;
6. Permit contractors and subcontractors to retain a percentage of their current
workforce, in addition to labor referred through the signatory labor organizations;
7. Permit the selection of the lowest qualified responsible bidder, without regard to
union or nonunion status at other construction sites;
8. Be made binding on all contractors and subcontractors on the public works project
through the inclusion of appropriate bid specifications in all relevant bid documents;
and
9. Include such other terms as the parties deem appropriate.
D. Any decision not to use a project labor agreement in connection with a public works
project by the County shall be supported by a written, publicly disclosed finding by the
County setting forth the justification for the non-use of the project labor agreement.
E. All parties participating in a project labor agreement shall provide the following:
1. Certification of compliance in relation to the public works project with the
Occupational Safety and Health Act, the Family and Medical Leave Act, the Fair
Labor Standards Act, the Americans with Disabilities Act, the Age Discrimination in
Employment Act, the National Labor Relations Act, the Federal and State of Illinois
Civil Rights Act, the Illinois Human Rights Act, the Illinois Wage Payment and
Collection Act and the Prevailing Wage Act; and
2. Documentation evidencing that such union has an active joint labor-management
apprenticeship and training program approved by and registered with the United
States Department of Labor's Bureau of Employment and Training Administration
Office of Apprenticeship; and
3. Evidence of an established membership recruitment program that specifically
includes efforts to recruit residents of the County, minorities, and/or female
participants; and
4. Documentation evidencing the demographic characteristics of union membership and
participants of the apprenticeship and training program.
BE IT FURTHER RESOLVED by the County Board of McLean County, Illinois that the
County Clerk is here by directed to provide a certified copy of this Resolution to the State’s
Attorney’s Office, the County Clerk, County Auditor, County Treasurer and County
Administrator’s Office.

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ADOPTED by the McLean County Board this 15th day of January, 2026.
APPROVED:

_______________________
Elizabeth Johnston, Chair
McLean County Board

ATTEST:

_______________________
Kathy Michael, Clerk of the County Board
McLean County, Illinois

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