ORDINANCE

AN ORDINANCE TO PROMOTE INDEPENDENCE

AND INTEGRITY IN COOK COUNTY’S AUDITING

AND CONSULTING SERVICES

 

         WHEREAS, the County of Cook, a body politic and corporate of the State of Illinois (the “County”) from time to time enters into contracts to obtain auditing and consulting services; and

 

         WHEREAS, the County wants to avoid any potential conflicts of interest and promote independence and integrity in retaining auditing and consulting services; and

 

         WHEREAS, the County has determined that it is in the best interests of the County to preclude any person or business from providing both auditing and consulting services to the County.

 

         NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF COOK COUNTY, ILLINOIS AS FOLLOWS:

 

         1.         Chapter 10 Contracting and Purchasing Ordinance of the Cook County Ordinances is hereby amended by the addition of the following new Section 10-6.2:

 

“Consulting and Auditing Services”

 

         10-6.2.         Contracts for Consulting and Auditing Services.

 

         A.         Consulting and Auditing Services for the County.  The County will not knowingly enter into any contract for Auditing Services, nor shall it consent to a subcontract for the County for such Auditing Services, with any Party, if such Party, or any Affiliate of such Party, has a contract or subcontract for Consulting Services for or with the County.  Additionally, the County will not knowingly enter into any contract for Consulting Services, nor shall it consent to a subcontract for such Consulting Services, with any Party, if such Party, or any Affiliate of such Party, has a contract or subcontract for Auditing Services for or with the County.  For purposes of this provision, “County” shall refer only to offices which are administered by the President of the Board of Commissioners and shall not refer to offices which are administered by Elected Officials as defined below.

 

         B.         Consulting Services for Elected Officials.  The County shall not knowingly enter into any contract for consulting services on behalf of an Elected Official, nor shall it consent to a subcontract for such consulting services on behalf of an Elected Official, with any Party, if such Party, or any Affiliate of such Party, has a contract or subcontract to provide Auditing Services for or which include the Elected Official.  For purposes of this provision, “Elected Officials” shall refer to the Cook County Sheriff, the Cook County Clerk, the Cook County Treasurer, the Cook County Recorder of Deeds, the Cook County Assessor, the Cook County Board of Review, Clerk of the Circuit Court of Cook County, the State’s Attorney of Cook County and the Office of the Chief Judge of the Circuit Court of Cook County.

 

         2.         Definitions.  The terms used in this Section shall have the meanings set forth below:

 

                  “Affiliate” shall mean any Party that controls or is controlled by another Party, by shareholdings, membership, ownership or other means of control or power including, but not limited to, a subsidiary, parent or sibling corporation.  “Affiliate” also includes any Party that directly or indirectly controls or, is under common control with the specified Party.  A Party shall be deemed to control if such Party has the power to directly or indirectly affect the management or the policies of the other through ownership of voting securities, voting rights, by contract or otherwise.

 

                  “Auditing Services” shall mean the formal examination of accounting records, financial statements or compliance with some other set of financial standards in accordance with auditing standards generally accepted in the United States which functions are generally exclusively performed or supervised by individuals or business organizations licensed and authorized to do business as public accountants in the State of Illinois.  Auditing Services shall also include any independent reports and management recommendations derived or resulting from the performance of Auditing Services and which reports and recommendations are included within the scope of the contract for Auditing Services.

 

                  “Party” shall mean any individual, corporation, partnership, joint venture, trust, association, limited liability company, unincorporated business, individually owned business, sole proprietorship or similar type of organization or association.

 

                  “Consulting Services” shall mean the rendering of analysis and advice requiring specialized expertise in a particular subject area or field.  Such expertise may have been gained by education or experience in the area or field.  For purposes of this Section 10-6.2, “Consulting Services” shall expressly exclude Auditing Services.

 

         3.         Applicability to Future Contracts only.  This Ordinance shall not apply to any contracts or subcontracts authorized prior to the Effective Date of this Ordinance.

 

         4.         Contract Certification.  The Purchasing Agent shall require the contractor in each contract to provide Auditing or Consulting Services for the County (as defined in Section 10-6.2 (A) of this Ordinance) to provide a certification acceptable to the Purchasing Agent that neither the contractor nor any Affiliate of the contractor has a contract or a subcontract to provide Consulting or Auditing Services for the County which is prohibited under Section 10-6.2 (A) of this Ordinance.  In addition, the Purchasing Agent shall require the contractor in each contract to provide Consulting Services for an Elected Official (as defined in Section 10-6.2 (B) of this Ordinance) to provide a certification acceptable to the Purchasing Agent that neither the contractor nor any Affiliate of the contractor has a contract or a subcontract to provide Auditing Services for or which include the Elected Official which is prohibited under Section 10-6.2 (B) of this Ordinance.

 

         5.         Severability.  In the event that any provision of this Ordinance is held invalid by a court of competent jurisdiction, such provision shall be severable from the remaining provisions of this ordinance which shall continue in full force and effect.

 

         6.         Effective Date.  This Ordinance shall be effective thirty days after approval.

 

Approved and adopted this 18th day of March 2003.

 

 

            XXXXXXXXXXXXXXXXXXXXX

            JOHN H. STROGER, JR., President

            Cook County Board of Commissioners

 

(S E A L)

 

 

Attest:            XXXXXXXXXXXXXXXXXX

            DAVID ORR, County Clerk