[This transcript was generated automatically from audio using AI and hasn't been reviewed by a person -- it can contain mistakes, including plausible-sounding sentences that were never actually said. Treat it as a starting point, not a verbatim record.]

[0:00] The fine is committee, the cuckony board will come the order and the secretary will call.
[0:04] Commissioner Aguilar, is absent, Commissioner Naya, Commissioner Britain, Commissioner Decknan,
[0:11] absent, Commissioner Gainer is excused, Commissioner Lorry is excused, Commissioner Casco,
[0:20] is absent. Commissioner Miller. Miller here. Thank you. Commissioner Moore.
[0:27] Is absent. Commissioner Marita. Is absent. Commissioner Kevin Morrison. Thank you, sir. Commissioner
[0:34] Sean Morrison. Commissioner Scott. Commissioner Stams. Commissioner Stams is absent, but did
[0:43] request remote participation. However, she has not connected. We will mark her as absent.
[0:49] Commissioner Trevor.
[0:50] Trevor here.
[0:51] Thank you.
[0:51] Commissioner Vasquez.
[0:53] As absent.
[0:55] Chairman is President.
[0:58] One, two, three.
[0:59] Chairman, you do have a quorum.
[1:00] Let me revisit those that did not respond.
[1:02] There's an absence for Commissioner Aguilar.
[1:04] Commissioner Deckman.
[1:06] Excuse for Gainer and Larry.
[1:09] Absent for Makasco.
[1:11] More.
[1:12] Marita.
[1:13] Stamps and Vasquez.
[1:14] You do have a quorum.
[1:15] Man, Secretary, any question to the agenda?
[1:19] Chairman, you do have an a rata for two items, page six, file number 26, 2 to 0, 8 has a change in the approval date.
[1:36] Are we sure?
[1:38] Here's Michael.
[1:44] Hold on.
[1:46] Hold on.
[1:46] Hold on.
[1:46] Hold on one second.
[1:50] Public testimony?
[1:50] Good morning.
[1:51] I'm Ann Psecitoria and the public speakers.
[1:57] Please, you have to measure my read-in in the roll call.
[1:59] And we do have a call.
[2:02] Thank you.
[2:04] Okay.
[2:05] Where I left off, we will add her to the roll.
[2:08] This is an errada.
[2:11] Page six, file number 22, a file number 26, 22, 08.
[2:17] There's a change in the date.
[2:20] Then page 11 of your agenda, item number 26, 16,
[2:24] of seven is also changing the reporting period and adding September of 2026.
[2:32] So those are your changes. Are you ready for public speakers?
[2:46] All right. Chairman, these are your public speakers. Please be reminded of our public speaking rules.
[2:54] you will have three minutes to address the body. Rebecca, Jolie, and then Mary Kay, minigame.
[3:03] Then we have walk in for Christine Chung and Jamie Neely. If you are in the room, please
[3:10] make your way to the public speaking mic. You have three minutes to address the body, and
[3:15] I will keep time for you.
[3:17] And please head to Commissioner DeGnan to the roll call.
[3:20] Thank you.
[3:25] Before you begin, Mark Clements gave us a testimony form,
[3:30] but what committee is that forcer?
[3:32] What committee is that for?
[3:35] You want to speak in finance?
[3:37] Thank you. I'll call you in a minute.
[3:40] Thank you, please begin.
[3:42] Good morning, Chairman DeLion.
[3:43] Members of the Finance Committee.
[3:44] My name is Mary Kay Minahan.
[3:46] And I am here on behalf of both the Women's Instruction Owners and Executives
[3:49] and the association of subcontractors and affiliates of Chicago.
[3:53] To oppose Commissioner DeGnan's ordinance to impose a 10% penalty for failure to perform.
[4:00] As was said last July, construction contracts in Cook County already have ample measures
[4:04] to in place to address performance failures.
[4:08] Contractors provide a payment and performance bond when bidding on a construction contract.
[4:13] This bond ensures that the county has the necessary funds to complete a project should the
[4:18] contractor failed to perform.
[4:20] County construction contracts also provide for the county to collect liquidated damages against the contractor if the terms of the contractor not met.
[4:28] The ordinance will also force contractors to evaluate whether it is worth the risk to bid on county construction contracts.
[4:35] Due to this added 10% penalty.
[4:38] The ordinance has no provisions to address what constitutes a failure.
[4:41] how responsibility will be determined and what happens to the subcontractors who have not been
[4:47] involved in the failure. Without such provisions, many contractors will choose to not bid
[4:53] county construction contracts as a result of this added risk. We recognize the Commissioner
[4:58] The Dagnon has agreed.
[5:00] To hold this ordinance today, but until this ordinance addresses the concerns raised by ASA Chicago
[5:05] or WCOE, we remain opposed. Thank you.
[5:34] So, if you have this committee on in teams or your phone, please disconnect it, let's try it again.
[5:45] Start over.
[5:46] Start over.
[5:47] Good morning to Chairman Daley and members of the Finance Committee.
[5:50] My name is Al-Natayo and I serve as the Senior Director of Strategy and External Affairs for Hasea.
[5:56] Hasea is a county-recognized assist agency representing hundreds of minority and women on construction and professional services businesses.
[6:04] Since 1979, we have worked in partnership with agencies such as Cook County Government to build
[6:11] an equitable contracting ecosystem through DBE, MBE, WBE certification, capacity building programs
[6:18] and accessible procurement advocacy. We acknowledge the decision to defer ordinance 261514.
[6:27] However, Hasea opposes this ordinance entirely. This proposed change is structurally harmful to
[6:33] small and diverse business Cook County has committed to support.
[6:38] The county has substantial avenues already in place that it can leverage, and robust remedies
[6:43] for vendor non-performance, which makes this ordinance redundant.
[6:47] The construction industry and related industries face ages proportionate and unique burden,
[6:53] there warrants an express carve out, regardless of how the ordinance is otherwise revised.
[6:57] The ordinance premise that the county lacks tools to address the performance is not accurate.
[7:04] Cook County construction contracts already include performance payments, maintenance, and payment bonds.
[7:11] Retainage, which contracts already withhold payment throughout the project term as a proportional performance incentive.
[7:18] Default cure and termination. Standard general conditions already, already written,
[7:24] Notice of breach and a 10-day cure period.
[7:27] This is a shorter, more responsive timeline
[7:29] than the proposed 30-day trigger.
[7:32] Financial set off, which gives the chief procurement officer
[7:35] the authority to evaluate performance for the past three years
[7:38] and determine future contracting opportunities.
[7:42] In other words, the county already provides authority
[7:45] to hold bad actors accountable.
[7:48] In addition, with holding provisions set in the ordinance
[7:51] will fall hardest on the small businesses
[7:53] as Cook County is such a support.
[7:55] We support the county's concern to hold bad actors
[7:58] a comment.
[7:59] But not at the expense of small diverse businesses.
[8:03] We asked the Board of Commission to not pass ordinance 26,
[8:06] 15, 14 in its current form.
[8:09] If a revised version advances,
[8:11] expressly exclude all construction, architecture, engineering,
[8:15] and related firms as well as other small diverse businesses
[8:19] that can be put out of business by withholding funds.
[8:22] Thank you.
[8:31] Our next speaker is Mark Clements, but you can
[8:35] for police head commissioner at guard commissioner.
[8:38] Thank you.
[8:39] We also called Rebecca Jellie.
[8:41] Rebecca, are you asking me?
[8:42] Yep, go ahead.
[8:43] Please start.
[8:44] Good morning.
[8:45] I'm sorry Rebecca, after you,
[8:46] it's going to be Mark Clements.
[8:50] Good morning, commissioners.
[8:51] My name is Rebecca Jallie, and I'm here on behalf of the
[8:54] Shorty Association of Illinois to raise concerns about the
[8:57] proposed amendment to the Cook County procurement code,
[8:59] which would impose a 10% penalty on county contracts of $3 million or more,
[9:04] where non-performance continues beyond 30 days.
[9:08] If adopted is drafted, this 10% penalty would apply to all county contracts,
[9:12] including contracts that require performance and payment bonds,
[9:15] for the Illinois Public Construction Bond Act,
[9:17] which already include protections for non-performance.
[9:20] At a high level, the performance bond guarantees completion.
[9:23] If a contractor defaults, the surety steps into complete the work or pays the county's damages up to the full bond amount.
[9:30] The payment bond separately guarantees that subcontractors and suppliers get paid, so unpaid subs don't stop work or lean the project.
[9:37] These protections already exist and are already paid for it by the contractor through the use of performance and payment bonds.
[9:44] A 10% penalty layered on top of the bonded protection does not add meaningful security for the county.
[9:49] It duplicates it, while adding new risk and costs to the delivery and completion of a construction contract.
[9:56] Additionally, the amendment doesn't clarify whether this 10% is an addition.
[10:00] To retainage, or is the withholding of retainage itself, a distinction with real consequences, especially
[10:05] for contracts near completion where delays may be outside the contractors' control and involve further
[10:10] engagement from the county. Retainage is not paid until final completion and serves as the county's
[10:16] security to ensure projects finish on time. If this 10% penalty functions as retainage, it can
[10:22] create a problem for shirties, who rely on those funds being available to complete a bonded project
[10:26] an a non-performance default scenario. As written, a surety could complete the work and still be denied
[10:32] entitlement to that 10%, undermining the surety's ability to mitigate losses and adding risks
[10:37] under the bond. Finally, it's my understanding that punitive clauses are largely
[10:42] impermecible in Illinois contracts, liquidated damages, which are already standard in every
[10:47] Cook County construction contract, are the enforceable mechanism for delay remedies. So it's
[10:56] I'm respectfully asking the committee to reconsider the cement or at minimum clarify its relationship with existing retainage and liquidated damages provisions before moving forward. Thank you.
[11:09] Next speaker.
[11:14] Mark are you ready? Go ahead. Go ahead. Tell the Shene.
[11:17] It's okay if you go out order. Tell the Shene.
[11:20] Jamie Nealy. Jamie please begin.
[11:23] Thank you. Good morning chair. Good morning commissioners. My name is Jamie Nealy Executive Director of the Federation of Women Contractors or FWC.
[11:31] For more than 35 years, FWC has advocated for women-owned businesses in construction and related industries and worked to expand their access to public and private contracting opportunities.
[11:46] I'm here today on behalf of our board and membership to respectfully oppose proposed ordinance amendment 261514 as currently drafted.
[11:55] FWC absolutely supports accountability and strong contract management.
[12:00] Our concern is the provision establishing a minimum 10% penalty for failure to perform or deliver
[12:07] on contracts exceeding $3 million.
[12:11] In construction, if financial penalty imposed at that prime level,
[12:15] can sometimes oftentimes quickly impact subcontractors,
[12:19] particularly small women and diverse firms.
[12:22] who are already operating with limited working capital.
[12:26] That can affect cash flow, bond capacity, access to financing, and ultimately their
[12:32] ability to perform and pursue future work.
[12:35] We are also concerned that the proposal does not provide sufficient clarity
[12:40] around what constitutes a failure to perform.
[12:47] Particularly when delays may result from circumstances outside of a
[12:52] contractors control. And importantly, construction contracts already include protections,
[12:58] remedies, some such as performance and payment bonds, retainage, insurance requirements,
[13:03] and default provisions. For those reasons, FWC respectfully ask the Board not to advance
[13:10] ordinance amendment 261514 as currently drafted. We'll welcome the opportunity to work
[13:16] with the county as a stakeholder to develop a more balanced solution that strengthens the
[13:21] accountability without creating unintended consequences for the contracting community.
[13:26] We thank you for your consideration and for the opportunity for comments.
[13:30] Thank you.
[13:31] Chairman, we have two more speakers, Mark Clements, followed by Christine Chunk.
[13:38] You may begin, sir.
[13:40] My name is Mark Clements and I am Senior Organizer with Chicago Torture Justice Center.
[13:48] Many of you may not clearly understand that in the city of Chicago tortures occurred.
[13:58] With those tortures occurring, there were special prosecutors that were appointed by our court system.
[14:09] Mr. Deli, who stands his brother, is at center of those allegations of cover-up of police torture.
[14:20] These special prosecutors are drawing millions upon millions of dollars to represent the interests of prosecutors and cases
[14:34] and which they clearly know that they cannot win.
[14:41] The city of Chicago is constantly paying out millions of dollars and settlements.
[14:51] Where do this money trail come to a end?
[14:58] Robert Malay.
[15:00] Mr. O'Rocke, our two individuals that have collected millions of dollars from this county board. In real county, payments are under great scrutiny and
[15:20] Cato cases of police torture, with that many people, they hear it, but they don't hear it.
[15:31] These are human lives that are at the other end of this political football game.
[15:39] One minute. I'm asking that this county board look into this matter and to stop payments.
[15:52] to these county prosecutors, especially in cases which they clearly know that they can not win.
[16:02] It is a shame that this county board can get up and come to the Cook County Court House
[16:08] and you are put on the scrutiny.
[16:11] You are delayed SS and getting in that bill.
[16:16] Please, let's stop this political football game.
[16:20] Thank you.
[16:21] Chairman, this is our last speaker, and then we need to add additional members to the row.
[16:26] Christine, please begin. Good morning. My name is Christine Chung. I'm here representing ACE,
[16:31] the Association Asian American Construction Enterprises. Here to reject 26, file 26, 15, 14.
[16:38] ACE connects supports and gives voice to Asian American businesses in the contracting engineering
[16:44] industries in Illinois. We advocate with and for Asian Americans and other organizations to ensure
[16:50] access, opportunity, and grow.
[16:53] In regards to 2016-14, this additional penalty would deter M and WBE subs from participating
[16:59] in county contracts, or cause them to increase pricing, resulting in increased costs of
[17:04] county overall.
[17:05] In addition, this proposed penalty does not offer any more protection to the county than
[17:09] what existing construction contracts already provide, performance and payment bonds, as well
[17:15] as retained.
[17:15] Ace believes that more conversations need to be had on this topic, as well as engaging with all that would be affected, including the sub-contracting and sub-consultant community.
[17:25] And respectfully request us to propose substitute for file 261514 be rejected.
[17:31] Thank you.
[17:33] Chairman, I concludes our list of speakers, and we do have a few members to add
[17:38] sir to our role. Commissioner Mikasco has requested to be added. Commissioner Stamps is requesting
[17:46] to be added, and she's also participating remotely, so we need a remote room.
[17:52] Mr. Bretton, move your minutes, remote participation.
[18:07] Thank you, thank you, let me catch up, Mr. Aguilar, you're both sir.
[18:18] Thank you, Commissioner Decknan and previous votes for all I.
[18:23] Commissioner Gainer is excused.
[18:25] Commissioner Lawyer is excused.
[18:28] Commissioner Miller I.
[18:30] Commissioner Moore.
[18:31] Previous votes for I.
[18:33] Commissioner Moore is absent.
[18:35] Commissioner Marita.
[18:37] Commissioner Marita is I.
[18:38] Commissioner Kevin Morrison.
[18:39] are there.
[19:00] Shoremus.
[19:08] Thank you, thank you.
[19:09] on chairman we have three absent and 14 eyes.
[19:14] The item passes.
[19:17] Commissioner Scott moves approve of the committee minutes of July 26, item number 26, 23,
[19:23] 46, second by Commissioner Agua.
[19:26] All those in favor signify by saying aye.
[19:29] I oppose the motion carries.
[19:30] Commissioner Britain.
[19:32] Thank you chairman members of the committee.
[19:34] I move to receive and file the following items 262189, which is the
[19:39] quarters report for the period June through August 26. To approve special court cases on
[19:45] pages 2 through 4, to approve the proposed settlements on pages 4 through 7. To approve item 262261,
[19:53] the quarterly litigation disbursement report. To approve 262177, the Workers' Compensation
[19:59] 7 in the decision.
[20:00] Members report, for July, through August 20, 26, to approve item 26 2257, the workers' compensation
[20:06] claim was report for the month ending June 30, to approve 26 2258, workers' compensation
[20:12] claim report for the month ending July 26, to approve item 26 2318, the workers' compensation
[20:19] claim report for settlements related to September 26, and to approve 26 2260, workers'
[20:27] conversation claim report for August 2241. The patient arrested claim to report for the month's
[20:34] June 1, 2026 through August 31, 2026. To approve item 26, 2238, the self insurance claim
[20:41] support for the month's ending July 30 through August 31, 2026. To approve item 26, 2262,
[20:49] the claim's recovery settlements for the month ending August 2026.
[20:52] I'm going to send MoPi to Mr. Brett and second by Mr. Marita to before the please
[21:00] have to make sure more to the roll call.
[21:02] To receive in five, I don't number two, one, eight, nine.
[21:07] All special corridors have proved to propose settlement letters as amended in the
[21:42] roll one two two three eight and two two one.
[21:47] Twenty six twenty two sixty two and I will put my glasses at.
[21:53] Circle.
[21:55] And I'm sorry any questions.
[21:59] On chairman is moved by commissioner Britain second by commissioner marita.
[22:04] Michelle Aguilar vote.
[22:06] Michelle Naya.
[22:06] I.
[22:07] Michelle Britain.
[22:08] I.
[22:08] Commissioner Decknan.
[22:09] Previous votes for all aye.
[22:11] Commissioner Decknan is absent.
[22:14] Commissioner Gainer is excused.
[22:16] Commissioner Laurie is excused.
[22:18] Commissioner Casco.
[22:19] Commissioner Casco is aye.
[22:21] Commissioner Miller.
[22:22] Miller aye.
[22:23] Commissioner Moore.
[22:24] Commissioner Marita.
[22:26] Commissioner Kevin Morrison.
[22:28] Commissioner Shoun Morrison.
[22:30] Commissioner Scott.
[22:31] Previous votes for all aye.
[22:33] Commissioner Stams.
[22:36] Aye.
[22:36] Commissioner Stams is aye.
[22:37] Commissioner Trevor.
[22:38] Aye.
[22:38] Mr. Vaskas, previous votes were all I, Chairman, your vote,
[22:43] Chairman is, I, Mr. Decknan has not returned.
[22:47] Chairman, 14, I, three, absent.
[22:49] Yeah, I didn't pass this, Mr. Chau and Morrison.
[22:51] Chairman, thank you.
[22:52] I moved to receive and file item number 26-2312,
[22:55] which is the Controllers Report for the seven month period,
[22:57] ending on June 30th, 2026.
[22:59] I moved to receive and file item number 262313,
[23:03] which is the Controllers Report for the eight month period,
[23:05] and then on July 31st of 2026.
[23:07] And I move to receive and file item number 26-1607, which is the Cook County Health Report for August, as amended in the Iraqis.
[23:15] It's been moved by Commissioner Sean Morrison, second by Commissioner Trevor, to receive and file 262312262313 and 261637.
[23:29] Scott?
[23:31] I'm sorry.
[23:33] The controller should report.
[23:35] and then followed by SPA.
[23:38] The morning commissioners, Chairman and Daily,
[23:41] Stirl Thomas Comptroller,
[23:43] for the eight-point period ending July 31 of 2026,
[23:47] the general fund had a favorable net budget variance
[23:49] of 331.2 million.
[23:52] It was comprised of a 270.5 million
[23:54] favorable revenue variance,
[23:55] and a favorable expense variance of 60.7 million.
[23:59] The favorable revenue variance is driven primarily
[24:01] by county sales tax, property tax, and cigarette tax
[24:03] receipts higher than forecasted.
[24:05] The health fund had an unfavorable net budget variance of 28.5 million on a budget or cash basis.
[24:12] It comprised of a 52.3 million favorable revenue variance and an unfavorable expense variance of 80.8 million.
[24:19] The cruel based financial reports prepared by the health fund are a better indicator of the financial condition as an enterprise fund.
[24:26] State revenues update through July 31st of 2026, the state of Illinois owed the county 98.7 million.
[24:32] That included 88.3 million due to the general fund and 10.4 million due to the health fund.
[24:38] The receivable was comprised of 12.7 million from AOSC administrative office of Illinois
[24:43] Court, 0.4 million for rent, 85.6 million for federal pass-through and state direct grants.
[24:49] In fiscal year 26, the federal government canceled 1.2 million in one-time grants.
[24:54] That concludes my report. Does anyone have any questions?
[24:57] Any questions?
[24:58] by and of the members.
[25:00] If not, we'll go to Cook on the health.
[25:09] Good morning, Chairman. Good morning, commissioners. Scott Spencer, interim CFO for CCH. So as mentioned on a year-to-date basis, the health system is 28.5 million unfavorable to budget revenues are 52.3 million favorable, which is comprised of favorable dish revenue and revenue from the health plan.
[25:33] while patient fees remain unfavorable due to higher and compensated care and
[25:40] volumes under budget as well as directed payments on federal budget and then on
[25:45] the expense side claims expense on the health plan remain unfavorable to budget.
[25:52] No past due competition from the state and dish payments are current.
[26:00] Any questions by any of the members?
[26:04] If not, roll call.
[26:07] Michelle Aguilar.
[26:08] I.
[26:09] Commissioner Naya.
[26:10] Commissioner Britain.
[26:11] I.
[26:11] Previous votes for all.
[26:12] I Commissioner Degna.
[26:15] Commissioner Degna is I.
[26:16] Commissioner Gainer.
[26:18] And Commissioner Laurie are both excused.
[26:21] Commissioner McCasco.
[26:23] Commissioner Cascola is I.
[26:24] Commissioner Miller.
[26:27] She added a room.
[26:28] Commissioner Miller is absent.
[26:30] Commissioner Moore.
[26:31] It's I for this vote.
[26:33] Thank you sir commissioner more is I Commissioner Marita. Commissioner Marita's I commissioner Kevin Morrison
[26:38] Mister Kevin Morrison is I commissioner shot Morrison, yeah more tonight Commissioner Scott. Hi. Mister stands
[26:47] Mister stamps
[26:53] Commissioner Stamps is a absent for the moment commissioner trevers
[26:59] Commissioner Stamps your vote is I
[27:02] Thank you. Thank you. Commissioner Stamps is I Commissioner Trevor
[27:06] All right. Thank you. Commissioner Trevor Zach. Commissioner Vasquez. Thank you. And Chairman
[27:11] Daily. Chairman 14. Ice. Three. Absent. Two excuse for Gainer Laurie and Commissioner Miller is out of the room.
[27:21] 14. Yeah, it passes.
[27:26] Can we show a statement?
[27:29] You're your item's up.
[27:39] What?
[27:41] Thank
[27:46] you, Chairman.
[27:47] Thank you, Chairman.
[27:52] I move for this item to be deferred.
[27:54] It's Commissioner Deagan moves item number 2, 6, 1, 5, 1, 4,
[27:58] second by Commissioner Sean Morrison.
[28:00] All those in favor of your signify by saying aye.
[28:02] Aye.
[28:02] Opposed.
[28:03] Motion carries.
[28:05] The next item is 2, 6, 1, 8, 4, 9.
[28:10] moved it to throw back your mission right in second-by-commissure
[28:14] Skype on this item I believe it will be viewed by the chief on a actual officer if if you could on this
[28:21] This is a line of credit and I
[28:25] Sorry, was that to be deferred or not sheep
[28:29] by understanding
[28:31] We she wanted it approved. Okay, the men I'm men my motion to
[28:37] to emotional force to approve by commissioner Scott. I'm sorry, my commissioner Britons, second
[28:42] commissioner Scott to approve. Yes, this is my, I don't, it's a, is a representative
[28:48] commissioner Gainers office around her. My understanding, this is what you wanted. It's not
[28:53] also my understanding that this is a lowering in the amount of the line to a credit for the
[29:06] Well, come to the mic, please.
[29:10] Public speaking,
[29:14] Mike.
[29:14] Did you?
[29:15] Did you?
[29:16] Bless you.
[29:22] Oh, OK.
[29:23] I thought you made it.
[29:25] I don't know.
[29:28] Uh, there was supposed to be.
[29:30] Uh, please introduce yourself.
[29:31] I'm sorry.
[29:33] Uh, Angela Manninghart and then Chief Financial Officer.
[29:35] I'm sorry.
[29:37] Uh, I was looking to sit there with someone from the land bank,
[29:39] but it's my understanding that this is merely an extension
[29:42] do July of 2028 of the current line of credit.
[29:50] This, I've my understanding it was for the commissioner wanted it approved.
[29:55] And I'm trying to confirm that with her staff.
[30:00] Anyone from the commissioner, again, are the hearing? The land bank, I'm sorry.
[30:05] We'll see the land bank.
[30:10] Okay, why don't we just recess that till we get an answer from the land bank?
[30:14] If you're wants to say, well, and we'll come back, okay?
[30:18] So, we both stand in recess.
[30:22] I'll not tell the call of the chair on this meeting.
[30:26] Thank you. We're going to transition to rules.