Loading...
2014-04-07 - Village Board Regular Meeting - Agenda Packet STATE OF ILLINOIS ) ss. COUNTY OF COOK ) CERTIFICATE I, Janet M. Sirabian, certify that I am the duly elected and acting Village Clerk of the Village of Buffalo Grove, Cook and Lake Counties, Illinois. I further certify that the attached meeting notice and agenda were posted inside the Agenda Board located outside the front door of the Buffalo Grove Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois at 11:00, A.M. on Friday, April 4, 2014 and thereafter were continuously viewable from the outside until said meeting and further were posted on the Village of Buffalo Grove's website for the purpose of compliance with the Open Meetings Act. Dated at Buffalo Grove, Illinois,this 4th day of April, 2014. d, Si-Ltib,uu( Vi age Clerk By✓ VILLAGE OF FiftyRauppBlvd Meeting of the Village of Buffalo Grove Buffalo Grove, IL 60089-2100 `` l`ff`�l0 Board of Trustees Phone:847-459-2500 Regular Meeting April 7, 2014 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the March 17, 2014 Village Board Meeting 5. Approval of Warrant A. Presentation and Reading of Warrant #1228 6. Village President's Report A. Proclamation: Arbor Day Proclaimed for April 25, 2014 (Trustee Stein) B. Proclamation: Kingswood United Methodist Church 50th Anniversary C. Proclamation: Distracted Driving Awareness Month 2014 (Trustee Trilling) 7. Village Manager's Report A. Buffalo Grove Police Department Traffic Enforcement & Education - High Crash Intersections (Trustee Trilling) 8. Special Business 9. Reports from the Trustees 10. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. (Attached). Consent Agenda: Ordinances and Resolutions A. Ordinance No. 2014-28: An Ordinance Amending Title 10 of the Village of Buffalo Grove Municipal Code (Trustee Berman) SUMMARY: Staff recommends that the section outlining a turning restriction for Buffalo Grove Road at Butternut Drive and Foxford Drive be deleted from the Municipal Code. B. Ordinance No. 2014-29: An Ordinance Amending 5.20 Liquor Controls - Class A - Little Italian (President Braiman) SUMMARY: The Class A liquor license for Zaa, Inc. d/b/a Little Italian at 1175 McHenry Road is hereby withdrawn. Village Board of Trustees-Agenda Page 1 B. Award of Bid: to Carmichael Construction Inc., for Village Hall Finance Department Renovations (Trustee Trilling) C.Authorization to Purchase a 2014 Vactor V-Series Ramjet Sewer Jet Cleaner Mounted On a 2014 International Chassis (Trustee Stein) D.Authorization to enter into a five-year Energy Management agreement with EnerNOC for an Emergency Load Response Program. (Trustee Stein) 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 15. Executive Session 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons Village Board of Trustees-Agenda Page 3 C. Ordinance No. 2014-30: An Ordinance Amending Chapter 2.28, Board of Fire and Police Commissioners, of the Village of Buffalo Grove Municipal Code (Trustee Trilling) SUMMARY: Approval of Ordinance Amending Chapter 2.28, Board of Fire and Police Commissioners, of the Village of Buffalo Grove Municipal Code, which reflects amendments to the Rules and Regulations of the Village of Buffalo Grove Board of Fire and Police Commissioners. D. Ordinance No. 2014-31: An Ordinance Amending Chapter 9.04 Alarm Systems (Trustee Berman) SUMMARY: The alarm system ordinance has been amended to be consistent with the Village fee and fine recommendations as presented as part of the FY 2014 Budget. The impact of the changes are to reduce the number of "no charge" false alarms in a calendar year and increase the fines for multiple false alarm responses. Consent Agenda: Unfinished Business None. Consent Agenda: New Business E. Authorization to Request Proposals - for Public Works Infrastructure/Operations Management Software (Trustee Stein) SUMMARY: Staff seeks authorization to request proposals for a new Public Works infrastructure and operations management software system. F. Approval of Development Improvement Agreement and Final Plat for Easthaven Subdivision (Trustee Berman) SUMMARY: An agreement providing for financial securities and obligations and a final plat is recommended for approval for Easthaven Subdivision. G.Approval of the Rules and Regulations of the Board of Fire and Police Commissioners (Trustee Trilling) SUMMARY: The amendments to the Rules and Regulations of the Village of Buffalo Grove Board of Fire and Police Commissioners (BFPC) are intended to: A) ensure that the BFPC fully complies with all applicable Federal, State and Local law; B) clarify the policies, practices and procedures currently in place; and C) incorporate new policies, practices and procedures into the existing document. H.Authorization to Purchase Supplemental IT Services (Trustee Terson) SUMMARY: The proposed agreement provides for back office IT support services not to exceed $15,000. 11. Ordinances and Resolutions None. 12. Unfinished Business 13. New Business A. Award of Bid: to Nilco, Inc. for Tree Planting Phase I, 2014 (Trustee Stein) Village Board of Trustees-Agenda Page 2 Meeting of the Village of Buffalo Grove Fifty Raupp Blvd � Buffalo Grove, I L 60089-2100 Board of Trustees Phone:847-459-2500 Regular Meeting April 7, 2014 at 7:30 PM 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes A. Minutes of the March 17, 2014 Village Board Meeting [GO TO] 5. Approval of Warrant A. Presentation and Reading of Warrant#1228 [GO TO] 6. Village President's Report A. Proclamation: Arbor Day Proclaimed for April 25, 2014 (Trustee Stein) [GO TO] B. Proclamation: Kingswood United Methodist Church 50th Anniversary [GO TO] C. Proclamation: Distracted Driving Awareness Month 2014 (Trustee Trilling) [GO TO] 7. Village Manager's Report A. Buffalo Grove Police Department Traffic Enforcement& Education - High Crash Intersections (Trustee Trilling) [GO TO] 8. Special Business 9. Reports from the Trustees 10. Consent Agenda All items listed on the Consent Agenda, which are available in this room this evening, are considered to be routine by the Village Board and will be enacted by one motion. There will be no separate discussion of these items unless a Board member or citizen so requests, in which event, the item will be removed from the General Order of Business and considered after all other items of business on the Regular Agenda under New Business. Consent Agenda: Ordinances and Resolutions A. Ordinance No. 2014-28: An Ordinance Amending Title 10 of the Village of Buffalo Grove Municipal Code (Trustee Berman) SUMMARY: Staff recommends that the section outlining a turning restriction for Buffalo Grove Road at Butternut Drive and Foxford Drive be deleted from the Municipal Code. [GO TO] B. Ordinance No. 2014-29: An Ordinance Amending 5.20 Liquor Controls- Class A- Little Italian (President Braiman) SUMMARY: The Class A liquor license for Zaa, Inc. d/b/a Little Italian at 1175 McHenry Road is hereby withdrawn. [GO TO] C. Ordinance No. 2014-30: An Ordinance Amending Chapter 2.28, Board of Fire and Police Commissioners, of the Village of Buffalo Grove Municipal Code (Trustee Trilling) SUMMARY: Approval of Ordinance Amending Chapter 2.28, Board of Fire and Police Commissioners, of the Village of Buffalo Grove Municipal Code, which reflects amendments to the Rules and Regulations of the Village of Buffalo Grove Board of Fire and Police Commissioners. [GO TO] D. Ordinance No. 2014-31: An Ordinance Amending Chapter 9.04 Alarm Systems (Trustee Berman) SUMMARY: The alarm system ordinance has been amended to be consistent with the Village fee and fine recommendations as presented as part of the FY 2014 Budget. The impact of the changes are to reduce the number of"no charge"false alarms in a calendar year and increase the fines for multiple false alarm responses. [GO TO] Consent Agenda: Unfinished Business Consent Agenda: New Business E. Authorization to Request Proposals-for Public Works Infrastructure/Operations Management Software (Trustee Stein) SUMMARY: Staff seeks authorization to request proposals for a new Public Works infrastructure and operations management software system. [GO TO] F. Approval of Development Improvement Agreement and Final Plat for Easthaven Subdivision (Trustee Berman) SUMMARY: An agreement providing for financial securities and obligations and a final plat is recommended for approval for Easthaven Subdivision. [GO TO] G. Approval of the Rules and Regulations of the Board of Fire and Police Commissioners (Trustee Trilling) SUMMARY: The amendments to the Rules and Regulations of the Village of Buffalo Grove Board of Fire and Police Commissioners (BFPC)are intended to: A)ensure that the BFPC fully complies with all applicable Federal, State and Local law; B)clarify the policies, practices and procedures currently in place; and C) incorporate new policies, practices and procedures into the existing document. [GO TO] H. Authorization to Purchase Supplemental IT Services (Trustee Terson) SUMMARY: The proposed agreement provides for back office IT support services not to exceed $15,000. [GO TO] 11. Ordinances and Resolutions 12. Unfinished Business 13. New Business A. Award of Bid: to Nilco, Inc. for Tree Planting Phase I, 2014 (Trustee Stein) [GO TO] B. Award of Bid: to Carmichael Construction Inc., for Village Hall Finance Department Renovations (Trustee Trilling) [GO TO] C. Authorization to Purchase a 2014 Vactor V-Series Ramjet Sewer Jet Cleaner Mounted On a 2014 International Chassis (Trustee Stein) [GO TO] D. Authorization to enter into a five-year Energy Management agreement with EnerNOC for an Emergency Load Response Program. (Trustee Stein) [GO TO] 14. Questions from the Audience Questions from the audience are limited to items that are not on the regular agenda. In accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the audience will be limited to 10 minutes and should be limited to concerns or comments regarding issues that are relevant to Village business. All members of the public addressing the Village Board shall maintain proper decorum and refrain from making disrespectful remarks or comments relating to individuals. Speakers shall use every attempt to not be repetitive of points that have been made by others. The Village Board may refer any matter of public comment to the Village Manager, Village staff or an appropriate agency for review. 15. Executive Session 16. Adjournment The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m. The Board, does, however, reserve the right to defer consideration of matters to another meeting should the discussion run past 10:30 p.m. The Village of Buffalo Grove,in compliance with the Americans with Disabilities Act,requests that persons with disabilities, who require certain accommodations to allow them to observe and/or participate in this meeting or have questions about the accessibility of the meeting or facilities, contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable accommodations for those persons. Minutes of the March 17, 2014 Village Board Meeting 4-A Overview Staff recommends approval Attachments M031714.pdf Trustee Liaison Staff Contact Clerk Sirabian Julie C Kamka,Finance&GS ....M.o�n.d�a...........A.......pri.1...7......2.0.1..4..............................................................................................................................A.............pprova.L..of...M..n.ute�s...._...Ite.m....�...4._�........................................................................................................... Y, MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS,50 RAUPP BOULEVARD,BUFFALO GROVE,ILLINOIS ON MONDAY,MARCH 17,2014 CALL TO ORDER President Braiman called the meeting to order at 7:35 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Braiman;Trustees Trilling, Sussman,Terson,Stein and Ottenheimer. Trustee Berman was absent. Also present were: Dane Bragg,Village Manager;William Raysa,Village Attorney;Jeffrey Stein,Assistant Village Attorney;Jennifer Maltas,Deputy Village Manager; Scott Anderson,Finance Director;Art Malinowski,Director of Human Resources;Robert Pfeil,Village Planner;Brian Sheehan,Building Commissioner;Brett Robinson, Purchasing Director;Mike Reynolds,Director of Public Works;Darren Monico,Village Engineer;Police Chief Casstevens,and Fire Chief Vavra. APPROVAL OF MINUTES Moved by Ottenheimer,seconded by Stein,to approve the minutes of the February 3,2014 Regular Meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. Moved by Stein,seconded by Sussman,to approve the minutes of the February 24,2014 Rescheduled Regular Meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. Moved by Ottenheimer,seconded by Sussman,to approve the minutes of the March 3,2014 Regular Meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried, Moved by Terson,seconded by Ottenheimer,to approve the minutes of the March 3,2014 Committee of the Whole Meeting. Upon roll call,Trustees voted as follows on the motion: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried, WARRANT#1227 Mr.Anderson read Warrant 41227. Moved by Trilling,seconded by Sussman,to approve Warrant 41227 in the amount of$2,550,539,29 authorizing payment of bills listed. Upon roll call,Trustees voted as follows: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. VILLAGE PRESIDENT'S REPORT President Braiman read a Proclamation declaring the week of April 27,2014 to May 4,2014 ad Holocaust Days of Remembrance in the Village of Buffalo Grove. President Braiman read a Proclamation recognizing and thanking Deputy Chief Husak for his service to the Village of Buffalo Grove from 1988 to 2014. President Braiman noted that the Village is proud of Deputy Chief Husak and happy for him and wish him well in his new endeavor. VILLAGE MANAGER'S REPORT Mr.Bragg noted that Assistant Finance Director Katie Skibbe will be leaving the Village in order to pursue an position with the Des Plaines Park District. Mr.Bragg congratulated both Katie Skibbe and Deputy Chief Husak on their accomplishments. Both have done great things for the Village of Buffalo Grove and they will be missed. Ms.Maltas provided some background on the Electric Aggregation Program. BICYCLE PLAN Ed Barsotti of the League of Illinois Bicyclists presented the draft Bicycle Plan to the Village Board,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Trustee Trilling recognized and thanked all those who participated in compiling this study. 2013 POLICE OFFICER OF THE YEAR Dr.Pam Kibbons,President of the Buffalo Grove Rotary Club,reviewed the selection process for these awards. Dr. Kibbons noted the accomplishments of Investigator Robert Broussard after which she,Rob Seitz and Chief Casstevens presented him with the 2013 Police Officer of the Year award. Chief Casstevens reviewed the highlights of Investigator Michelle Kondrat's career,after which he presented her with the 2013 Special Commendation award. Both officers were then congratulated and thanked by the audience and the Board. B[JFFALO CREEK CLEAN WATER PARTNERSHIP Buffalo Grove residents Jeff Weiss and Marcy Knysz provided a brief presentation about the Buffalo Creek Clean Water Partnership.The goals of the partnership are to improve flood control and water quality,reduce erosion, and enhance habitats and recreational opportunities throughout the Buffalo Creek watershed.In the past year the partnership has completed many projects including a water quality study and inventories of all the Buffalo Creek stream channels and storrnwater basins. President Braiman stated staff will share the link to the website on the Village website for those who wish to volunteer to help. PUBLIC HEARING—23031 N.PRAIRIE ROAD President Braiman called the continued Public Hearing for consideration of an Amendment of Annexation Agreement concerning the Kedroski property,23031 N.Prairie Road at 8:17 P.M. Notice of Public Hearing was published in the Daily Herald on March 1,2014. Roll call indicated the following present: President Braiman;Trustees Trilling, Sussman,Terson,Stein and Ottenheimer. Trustee Berman was absent. President Braiman swore in Jim Kedroski,owner of the subject property,to give testimony. Mr.Kedroski then reviewed the request for an amendment to the Annexation Agreement,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Pfeil. Mr.Pfeil also commented on the request. Mr.Raysa stated that the purpose of the Public Hearing is to review that amendment to the Annexation Agreement as presented to the public as draft dated 3/11/2014 in the upper left-hand corner. Mr.Kedroski stated that he has read the amendment and is agreeable to it. President Braiman asked if there were any further questions or comments from the audience or the Board. There were none. At 8:22 P.M.President Braiman continued the Public Hearing until later on in the agenda. TRUSTEE REPORTS Trustee Stein reported on the Farmer's Market to begin on Sunday,June 15,2014. CONSENT AGENDA President Braiman explained the Consent Agenda,stating that any member of the audience or the Board could request that an item be removed for full discussion;there were no such requests. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Ordinance#2014-24-Brunswick Motion to pass Ordinance#2014-24,amending Chapter 5.20 Liquor Controls—Brunswick,350 McHenry Road. Resolution#2014-12—Zonins Mau Motion to pass Resolution#2014-12,adopting the Village's official Zoning Map. Ordinance#2014-25—Alarm Svstems Motion to pass Ordinance#2014-25,amending Chapter 9.04 Alarm Systems. Ordinance#2014-26—Class J Motion to pass Ordinance#2014-26,amending Chapter 5.20 Liquor Controls—adding a Class J License. Breathe Deen North Shore Dav Motion to approve Proclamation declaring April 27,2014 as Breathe Deep North Shore Day. Call One Motion to award contract to Call One for Telecommunication Services. Earth Hour 2014 Motion to approve Proclamation declaring Earth Hour 2014. Moved by Trilling,seconded by Sussman,to approve the Consent Agenda. Upon roll call,Trustees voted as follows: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. ORDINANCE#2014-27—KEDROSKI PROPERTY Moved by Terson,seconded by Trilling,to pass Ordinance#2014-27,approving an amendment to the Annexation Agreement for the Kedroski property,23031 N.Prairie Road. Upon roll call,Trustees voted as follows: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. President Braiman closed the Public Hearing at 8:28 P.M. PURCHASE POLICE REPLACEMENT VEHICLES Moved by Trilling,seconded by Ottenheimer,to authorize purchase of replacement vehicles for Police Operations through the Suburban Purchasing Cooperative/Northwest Municipal Conference,in accordance with material contained in Board packets. Mr.Bragg reviewed the proposed purchase,details of which are contained in the Village Board Meeting Agenda Item Overview prepared by Mr.Robinson. Upon roll call,Trustees voted as follows: AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. QUESTIONS FROM THE AUDIENCE President Braiman reviewed the parameters to be followed by speakers,and asked if there were any questions from the audience on items not on tonight's agenda. There were no such questions. DEPUTY CHIEF HUSAK. Deputy Chief Husak arrived at this time,and President Braiman thanked him for his service to the Village of Buffalo Grove and noted what an asset he has been to us and wished him well in his new role as Chief of Police for the Village of Lake Zurich. Deputy Chief Husak noted his appreciation to all of the Boards with whom he has worked and to the Village staff for all of the support that has been given to the Buffalo Grove Police Department over the years. EXECUTIVE SESSION Moved by Trilling,seconded by Sussman,to move to Executive Session for the purpose of discussing Collective Bargaining, Section 2(c)(2)of the Illinois Open Meetings Act. AYES: 5—Trilling, Sussman,Terson, Stein,Ottenheimer NAYS: 0—None ABSENT: 1 —Berman Motion declared carried. The Board moved to Executive Meeting from to 8:32 P.M.to 9:03 P.M. ADJOURNMENT Moved by Trilling,seconded by Sussman,to adjourn the meeting. Upon voice vote,the motion was unanimously declared carried. The meeting was adjourned at 9:04 P.M. Janet M. Sirabian,Village Clerk APPROVED BY ME THIS 7'1' DAY OF April ,2014 Village President Presentation and Reading of Warrant#1228 5-A Overview Approval is recommended. Attachments W#1228 Worksheet.pdf W#1228.pdf(Appendix) Trustee Liaison Staff Contact Scott D Anderson,Finance&GS ....M.o�n.d�a...........A.......pri.1...7......2.0.1..4..............................................................................................................................A.............pprova.L..of..Wa�rra�nt..._...Ite.m....�...�._�........................................................................................................... Y, VILLAGE OF BUFFALO GROVE WARRANT #1228 7-Apr-14 General Fund: 329,440.29 Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 3,916.00 Motor Fuel Tax Fund: 7,454.00 School & Park Donations 0.00 Capital Projects-Facilities: 50,169.16 Capital Projects-Streets: 154,100.73 Health Insurance Fund: 778.16 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 64,000.13 Buffalo Grove Golf Fund: 27,889.58 Arboretum Golf Fund: 28,248.22 Refuse Service Fund: 76,219.80 742,216.07 PAYROLL PERIOD ENDING 3/27/2014 852,225.86 852,225.86 TOTAL WARRANT #1228 1,594,441.93 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President See appendix: Appendix001 - W#1228.pdf Proclamation: Arbor Day Proclaimed for April 25, 2014 6-A Overview Attached is a Proclamation designating Friday, April 25, 2014 Arbor Day in Buffalo Grove. Traditionally the last Friday in April has been designated as Arbor Day in Illinois. The Proclamation is one of four criteria to qualify for the Tree City U.S.A. Award. Attachments ARBOR DAY.pdf Trustee Liaison Staff Contact Trustee Stein Michael J Reynolds, Monday,April 7, 2014 Village Presidents Report-Item : 6-A qT VILLA1 4,OF Hai.WIAI'P C ICON Wh h V 1 ARBOR DAY - APRIL 25, 2014 WHEREAS, in 1872 J. Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees, and WHEREAS, this day, called Arbor Day, was first observed with the planting of more than one million trees in Nebraska, and Arbor Day is now observed throughout the nation and the world, and WHEREAS, trees reduce the erosion of precious topsoil by wind and water, reduce heating and cooling costs, moderate the temperature, clean the air,produce oxygen and provide habitat for wildlife, and WHEREAS, trees are a renewable resource giving us paper, wood for our homes, fuel for our fires and countless other wood products, and WHEREAS, trees beautify and enhance the economic vitality of our community, and WHEREAS, trees, wherever they are planted, are a source of joy and spiritual renewal, and WHEREAS, the Village of Buffalo Grove has been recognized as a Tree City USA by the National Arbor Day Foundation and desires to continue the maintenance of our village urban forest; NOW, THEREFORE, BE IT KNOWN THAT I, JEFFREY BRAIMAN, PRESIDENT OF THE VILLAGE OF BUFFALO GROVE ALONG WITH THE BOARD OF TRUSTEES, do hereby proclaim April 25th, 2014 Arbor Day in the Village of Buffalo Grove, and call upon all citizens and civic organizations to support efforts to protect our trees and woodlands and to support our Village Urban Forestry Program. PROCLAIMED THIS 7th DAY OF APRIL 2014. Proclamation: Kingswood United Methodist Church 50th 6-B Anniversary Overview Attached is a Proclamation declaring the month of April as the 50th anniversary of Kingswood United Methodist Church in Buffalo Grove. Attachments Kingswood United Methodist Church 50th Anniversary.pdf Trustee Liaison Staff Contact Lauren Stott,Public Works Monday,April 7, 2014 Village Presidents Report-Item : 6-13 1(N, I ....................... Buffalo Grove Recognizes the 50th Anniversary of Kingswood United Methodist Church WHEREAS, the Kingswood United Methodist Church has been an integral part of the Buffalo Grove community for 50 years and is home to more than 650 members; and WHEREAS, the Kingswood United Methodist Church provides critical services to community members in need, with programs including sheltering and feeding the homeless, the Emergency Food Pantry, Meals on Wheels and the New Beginnings Thrift Shop; and WHEREAS, the Kingswood United Methodist Church promotes wellness throughout the community with programs such as Spanish as a Second Language and men's basketball; and WHEREAS, the Kingswood United Methodist Church creates a special environment for children with programs such as the Kingswood Preschool, summer camp and youth outings; and WHEREAS, the Kingswood United Methodist Church contributes to an environment of community and fellowship in the Village of Buffalo Grove; and WHEREAS, the Kingswood United Methodist Church is a valued institution in the community; NOW, THEREFORE BE IT PROCLAIMED that the Village of Buffalo Grove recognizes the month of April,2014 as the official anniversary and celebration of the 50th anniversary of the Kingswood United Methodist Church in Buffalo Grove; Proclaimed this 7 th day of April, 2014. Proclamation: Distracted Driving Awareness Month 2014 6-C Overview The Village recognizes Apri12014 as distracted driving awareness month. Attachments Distracted Driving Proclamation-2014.pdf Trustee Liaison Staff Contact Trustee Trilling Michael Rodriguez,Police Monday,April 7, 2014 Village Presidents Report-Item : 6-C 1 r i.i.yi,A"C E 11 4, l "11"v, WmMuu UI VUO�O�OMNOUYOMUY00 NI If VGwuVW�VwG�WVVVVWWUWw41'w''WWu ",""M'm Ou'iINO'WWWINN,�NWNIQONWu4NNI0w91u�WMIONVNIOWf4MlW'A^uwl'dIWNN�,Wu,VW4V,Mu � u uu owo�wuwuwuwuww�w.w o mwmuwuw �.. uww+w�w�reuwwnw^wwvwowu000uowwwmwrwwmmw:wra�,nm ;1;o9rwrflix I�IbftlUW�NW�WWWWOVW�WIWIWU4GWWWWW'I�M1W'W UA�� µmate �OIWIOYiMIM�NW�O!'PWWWWllNYW`111M1I'JG'L DISTRACTED DRIVING PREVENTION MONTH - APRIL, 2014 WHEREAS, distracted driving is a serious, life-threatening practice that is preventable; and WHEREAS, distracted driving can result in injuries and deaths to all road users (motorists, pedestrians and bicyclists); and WHEREAS, distracted driving occurs when drivers divert their attention away from the task of driving to focus on another activity instead; and WHEREAS, the increased health and well-being of Buffalo Grove citizens are a direct result of increased enforcement and awareness about the dangers of distracted driving; and WHEREAS, in order to reduce the number of crashes as well as improve driver safety, Buffalo Grove motorists should commit to adopting and maintaining safe behavior while behind the wheel; and WHEREAS, April 7 through April 15,2014 is National Distracted Driving Awareness Month; AND WHEREAS, increased high-visibility enforcement of distracted driving laws coupled with publicity has proven to be an effective method to reduce distracted driving and save lives; NOW, THEREFORE, I, JEFFREY S. BRAIMAN, PRESIDENT OF THE VILLAGE OF BUFFALO GROVE,do hereby proclaim and pronounce April National Distracted Driving Awareness month in Buffalo Grove and urge all citizens to always put the cell phone down, focus on the road, and buckle up when driving on our roadways and do hereby encourage all citizens, government agencies, business leaders, schools and public and private institutions to promote awareness of the distracted driving problem, and to support programs and policies to reduce the incidence of distracted driving. Proclaimed this 7 h day of April, 2014. Buffalo Grove Police Department Traffic Enforcement & 7-A Education - High Crash Intersections Overview Sgt. Mike Rodriguez, Buffalo Grove Police Department,will provide a brief synopsis of the Department's efforts in the are of traffic enforcement and education in the high crash locations during the first quarter of 2014. The outcomes that will be discussed are linked to the Department's strategic goals of providing high- quality patrol, investigation and records management services to residents and businesses. The goals are included in the Fiscal Year 2014 budget. The high crash locations are as follows: 1. Lake Cook and McHenry Road 2. Lake Cook and Arlington Heights Road 3. Lake Cook and Buffalo Grove Road 4. Buffalo Grove Road and Short Aptakisic 5. Arlington Heights Road and Dundee Attachments Trustee Liaison Staff Contact Trustee Trilling Michael Rodriguez, Monday,April 7, 2014 Village Managers Report -Item : 7-A Ordinance No. 2014-28: An Ordinance Amending Title 10 of 10-A the Village of Buffalo Grove Municipal Code .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends deletion of Section BG-11-208(0)from the Municipal Code. Overview As a result of a review of Chapter BG-11 of the Municipal Code, staff recommends that Section BG-11- 208(0) Turning restriction-Buffalo Grove Road at Butternut Drive and Foxford Drive,be deleted in its entirety, as this language was developed at a time when railroad construction caused cut-through traffic in the Canterbury Fields subdivision. Prior Actions Right turn restriction signs from northbound Buffalo Grove Road to eastbound Butternut Drive and Foxford Drive were previously removed and the area assessed for cut-through traffic. Anticipated Future Board Actions None Attachments Ordl4-2.pdf Trustee Liaison Staff Contact Trustee Berman Darren Monico, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday,April 7, 2014 Consent Agenda: Ordinances and Resolutions - Item 10-A 3/18/2014A ORDINANCE NO. 2014- AN ORDINANCE AMENDING TITLE 10 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE,COOK AND LAKE COUNTIES,ILLINOIS, as follows: Section 1. Title 10, Chapter BG-11 of the Village of Buffalo Grove Municipal Code is amended by deleting Section BG-11-208(0), therefrom as indicated by the following strikethroughs: Section 2. If any section, paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect from and after its passage and approval. AYES: NAYES: ABSENT: PASSED: 12014 APPROVED: , 2014 APPROVED: Village President ATTEST: Village Clerk Ord14-2 Park Ridge#100268 Ordinance No. 2014-29: An Ordinance Amending 5.20 10-B Liquor Controls - Class A- Little Italian .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The Class A liquor license for Zaa, Inc. d/b/a Little Italian at 1175 McHenry Road is hereby withdrawn since Zaa,Inc. d/b/a Little Italian no longer operates at said location. Attachments Little Italian removal(Class A), 1175 McHenry Rd 3-20-14.pdf Trustee Liaison Staff Contact President Braiman Julie C Kamka,Finance&GS .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday,April 7, 2014 Consent Agenda: Ordinances and Resolutions - Item 10-B 03-20-14 ORDINANCE NO.2014- AN ORDINANCE AMENDING CHAPTER 5.20 LIQUOR CONTROLS WHEREAS,the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW, THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. Subsection A. of Section 5.20.072 of the Village of Buffalo Grove Municipal Code is hereby amended with deletions in stfi-�=and additions in underline text so that Subsection A. of Section 5.20.072 shall provide as follows: 5.20.072 Licenses authorized. A. Class A. Licensee and d/b/a Address 1. Luma Limited d/b/a Lou Malnati's 85 South Buffalo Grove Road 2. Select Restaurants, Inc. d/b/a Winberie's 800 Lake-Cook Road Restaurant and Bar 3. Rack `Em Up Chicago, Inc. 312 McHenry Road 5..4:..The Schwaben Center 301 Weiland Road . ,Mongolian BBQ Palace, Inc. 154-158 McHenry Road .�„Outback Steakhouse of Florida 720 Lake-Cook Road d/b/a Outback Steakhouse 5 .:..Las Palmas Restaurant, Inc. 86 W. Dundee Road 5 .:..JBM Hospitality, LLC d/b/a 48 Raupp Boulevard Village Bar& Grill I w) Midas Banquets, Inc. d/b/a Astoria Banquets 1375 W. Dundee Road I gip..1 o Progressive Management Services, LLC 401 Half Day Road 1211. Cafe Madras, Inc. d/b/a India House 228 McHenry Road 15:1 , Chef Adam, Inc. d/b/a 301 Weiland Road The Grove Banquets and Catering 1 14� 13. La Minita, Inc. d/b/a 220 N. Milwaukee Avenue Mi Mexico Mexican Restaurant 15:14 Prairie House Tavern LLC 2710 Main Street q.-5..1 . .........................Oishii Thai, Inc. 1113 Weiland Road 1.-5.. 1 ................................KI Speed,Inc. 301 Hastings Lane 1 17. SHK,USA, Inc. d/b/a Kum Kang San 1329 W. Dundee Road 1 18. Leiserv, LLC d/b/a Brunswick's Buffalo Grove 350 McHenry Road 2o,I( . Legas,Inc. d/b/a Tamarind Court Indian 1034 Weiland Road Cuisine Section 2. A. The Class A liquor license for Zaa,Inc. d/b/a Little Italian at 1175 McHenry Road is hereby withdrawn since Zaa, Inc. d/b/a Little Italian no longer operates at said location. B. This Section 2 shall not be codified. Section 3. This Ordinance shall be in full force and in effect from and after its passage and approval. AYES: NAYS: ABSENT: PASSED: , 2014 APPROVED: ,2014 Village President ATTEST: Village Clerk 2 i Ordinance No. 2014-30: An Ordinance Amending Chapter 2.28, Board of Fire and Police Commissioners, of the Village 10-C of Buffalo Grove Municipal Code .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Approval of Ordinance Amending Chapter 2.28, Board of Fire and Police Commissioners,of the Village of Buffalo Grove Municipal Code,which reflects amendments to the Rules and Regulations of the Village of Buffalo Grove Board of Fire and Police Commissioners, which the Village Board will be asked to approve later in the Agenda. Attachments 2014 Ordinance_Amending_Chpater_2_28_Board—of_Fire_and_Police_Commissioners 04 07 2014 REDLINED.pdf 2014 BFPC Ordinance_Amending_Chapter_2_28 Board_of Fire_and Police_Commissioners 04 01 2014.pdf Trustee Liaison Staff Contact Trustee Trilling Arthur Malinowski, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday,April 7, 2014 Consent Agenda: Ordinances and Resolutions - Item 10-C Pp 8/20p..4 4/ 3/209 4 ORDINANCE NO. 2014 - AN ORDINANCE AMENDING CHAPTER 2.28, BOARD OF FIRE AND POLICE COMMISSIONERS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 2.28, Board of Fire and Police Commissioners, of the Village of Buffalo Grove Municipal Code, is hereby amended to read as follows: Chapter 2.28 BOARD OF III°�°III III ,III �.�CIII��������tClll.��l'�����AND „III „ III ,III III III°���iiilll����l'�f� COMMISSIONERS Sections: 2.28.010 Adoption of state code. 2.28.020 Members. 2.28.025 Qualifications—Removal. 2.28.030 Officers—Duties. 2.28.040 Appointment of members—Fire and Police Departments. 2.28.041 Exemption from examination and age limits. 2.28.042 Examination of applicants. 2.28.044 Register of eligibles. 2.28.045 Police officer lateral entry. 2.28.050 Rules and publications. 2.28.060 Preference. 2.28.070 Promotions. 2.28.080 Removal, discharge and demotion—Retirement. 2.2 .01 0 Adoption of state code. Division 2.1 of Act 5 of Article 10, Chapter 65 of the Illinois Compiled Statutes, entitled Board of Fire and Police Commissioners, is adopted by reference, provided that Sections 10-2.1-1, 10-2.1-2, 10-2.1-3, 10-2.1-4, 10-2.1-5, 10-2.1-6(a), 10-2.1-14, 10-2.1-15, 1 10-2.1-16, 10-2.1-17, 10-2.1-20, 10-2.1-27, and Division 3 of Article 10, and Division 5 of Article 10, both of the Illinois Compiled Statutes are not adopted. 2.23.020 Members. The Board of and IoHce_Pe4% ao-id w i Commissioners shall consist of five members. 2.23.02 u all-ficati n - m val. A. The members of the Board of Fire and Police Commissioners ('Board") shall be considered officers of the Village. B. No person holding an office in the Village shall be a member of the Board. The acceptance of any such office by a member of the Board shall be treated as a resignation of his/her office as a member of the Board. No person shall be appointed a member of the Board who has been convicted of a felony under Illinois law or a comparable law of any other state of the United States. No person shall be appointed a member of the Board who is related, either by blood or marriage up to the degree of first cousin, to any elected official of the Village. C. Members of the Board shall not be subject to removal, except for cause, upon written charges, and after an opportunity to be heard within 30 days in their own defense, before a regular meeting of the Corporate Authorities. A majority vote of the Corporate Authorities shall be required to remove any such member from office. 2.23.030 ff c r . utles. A. A secretary will be chosen by the members of the Board of Fire and Police Commissioners. The secretary shall keep the minutes of proceedings, shall be the custodian of all records pertaining to the business and examinations of the Board of Fire and Police Commissioners. B. The Fire and Police Chiefs shall have the right to take part in the examination of applicants and promotional examinations for their respective departments, but shall have no � right to vote, x�::��'0�.j.. . ....i.I�.�".itgd.....III.7...�.II::. .....IL..� �� . °�.�d 2.28.040 Appointment of members.—Fire and Police r m nts. A. The Board of Fire and Police Commissioners shall appoint all officers and members of the Fire and Police Departments of the municipality, except those positions exempted by Village ordinance. The sole authority to issue certificates of appointment shall be vested in the Board of Fire and Police Commissioners, and all certificates of appointment issued to any officer or member of the Fire or Police Department shall be signed by the chairperson and secretary, respectively, of the Board of Fire and Police Commissioners upon 2 appointment of such officer or member of the Fire or Police Department by action of the Board of Fire and Police Commissioners. B. AI Sao uyona l appointments to the If i II pepg pment Ihau II be fm a p obg.!ionwy.pgjod of twee e months AI Sao uy.i,na l appointments ent to the If)o e If p)e g po ent shalI be fw a g,ybg!iopnw y 0 y y 0 y p quo uginall u�0�0�ointee may Il22 �� .p:u �u p om I upu �: �� Months l p.yo uo�m pl:.pu ���al,puupo�ao�u�..9 �� o q.y ��.... pia dismissed p�o ..:. opl uyyp a I uup�o: uo�y Ipu�.�ao .�1 uu� I „w �a� l.:ii n �a��:,p �a .... I mm„ issiop�� �„ if pl�� I�q ief .... � .. pup„fllie dep,pg[tr ent yepup:.omines.plli p plie emp�oygg ias p 9.led to emonstoate fll:ie alt)Hity and Ellie y ifiai � ne esgy!op� i llu saisfat y '[ ia Iie uluieIliaIl.I o �ppy..pie .:py d of , fU action by pll:ie .:py„y d Ilpf an employgg is Deep ismiss d you ing jis/ g p[gbgjoop gy pu,[iod, Ihis/hg, M..uoonpunp, np sI ul l be deemed.:.. gm�.I. pu p...� � pp pap pgo iod 4 a gii-° II apap eii'ifi:,neRtS to It:I [,pine eF G4G Il)ep au ntisuu:Rt sha4 Defer: p inebafie-i-i ry per4ed of e ghpu:e�-i men-A s:... pp p.MMGtiGF) II pp e� RtMeFAS te pll:I IIw pin ... II 4Ge D partm of sha4 pie p u n a pineb ppe�-ia y pe� ey ef GRe year:::. p...pUF Rg lt::ie pr ull.at° e�,iary per uy,..aR a pg p oia 11 app eu a �'Aee may be y ism pssu d 41t::ie up a Il uear:uo-ug befeo the beau nd pup F4e a o-uy..11 " Ilpuuu G M: m: ssieu ie , if It:Ie u,puuef pup phis dep 4men 'up...detep nm:a es pll:u p Ill u fUrl::IuSh „a9Sf u p u y ser:Vu u:e..::p The d::ii p sw:ia4 �-ie#fy the geap d ef ITine and p e4% m: m: ssie�-iers pi-u WFA—ups ef...SU d::i ismissa f a�-i m p k� yee is Ret dismissed du�npi-i .p.sh:::i eu p mbage�-u uy pueu � uy;....hu s/pa ein apapa up�4-neuu.p.8:1alll IIge deem: ed GeM p�ete at the eg� p.:pUF Rg It:Ie pain ull.Datp uRau y p ego dy p.FeRletie all a Ppuueu Rtees Shan p be Geu-i wpy r y as Gu f ur4 ugll a pu m pp:u.e mo ulk....hekJ pmmediate y p r4ep n to p r:em: tpeR, u o uy may llge reiRStated te SU d::1 p.o eu mR k, With()t a pueauo o-ig p efe� n the 6ea n p pup IT. au-id Pep Ge G eMM pSSpeRe S p the d:1icp pup lt::ie depu rpmeu'up...yetep nm:a ues that pll uu ...emp eyee Ilias paHed te deme"ustinate the...0 ll.ikty...and the o-ucppfy the...geaon of p inn and p" ppu:u pR Wr#p Rg Gf.SUu:pu...aGti u"u.....11f a p.rem: fieR° II u ppeu Rtee pS RGt o ii'i stated po'u....11upshler: Ponp uF..u,aRk yunkig lt::ie pain upuuafieRau y p er4ey, Ilupsppler:: u ppeiRtMeRt sha4 II.ge deemed GeMp ete at the u �uy ef lt::ie pe4ed: C. AI p[gin.ojionall...appoi„pptmenis to the II "olHc Il)epy.�punent lluaI be fg y p[obg!iongy M.dod of...twe8vu°:...months pwing plluu°...g'ob9jiongy....pg[iod, p[o[Dg!ionall....ag2gintee y„IluaI be u. .... a � p�udougllu fo,om the �":u��" k IheN po�umediu teu D�ojg':to p�,o Dg!i n, and may Il g .:. u ...o. o oop upu° �u .:.. pu u;pl u o oI opl uayp u l uu�,yo uoiy p.p .�ao a� uu� 3oy„�d o :.i�e uu�"u.... o ou u, „omo .:.. if pll::ie a Iliiep deteo':mines..fliat pllug em pO gygg II:g paoled to yp;,�monstoate pll:ie all,uillity and..the yg.aNfiu a tion nupp gssg'y!o pup ii llu satisfu ct2y u'.[vi e at pllie IIu„iylluu o mnk Iie a Iliief sIluall..11. oiotify plluu'...,Il poau' I.... p II io'e auid If°riopiu e Commis oonem in writi ny oaf sudIu action ....Ilp a p[omotiona,. 3 O. Mdod E. Ifo member of the department is appointed Chiefofpn|ineorChiefoftheFire Department prior to being eligible to retire on pension, he/she shall be considered as on furlough from the rank he/she held immediately prior to his/her appointment os chief. If he/she resigns as chief or is discharged as chief prior to attaining eligibility to retire on pension' he/she shall revert to and be established in such prior rank and therefore be entitled to all benefits and emoluments of such rank without regard to whether o vacancy then exists in such rank. 9:: 2� �� ', a-R4 3:: 4 M ust appII pcF a nd be a a,Gep ted by the p.p ea n p of p pone no d II 20llpGe mm.p.s„ee�-ieFS PF GF tG �nefi pR F: nespgR" Rg F:GM: the II G4G If)ep a�nt;Tie t All appointments to each department other than that of lowest ranks shall be from the rank next below that to which the appointment is made, except that the Chief of Fire or Police Department may be appointed from among the members of the Fire and Police Departments respectively, regardless of rank, unless the Village Board of Trustees shall have by ordinance otherwise provided. G. Any full-time member of the Fire or Police Department op �who comes under the provisions of this Chapter is a Village Officer but is exempt from any residency requirements except as shall be set by specific department rules and regulations. 2.28.041 Exemption fr m examination and age limits. All full-time members (to include officers) of a Fire Department or other entity that contracted with the Village to provide fire protection to the Village prior to June 30, 1981, shall become a member of the Village Municipal Fire Department with the rank that they held in such department or entity providing that such rank is available in the Fire Department of the Village, without any type of examination and age limitation. 2.2 .0 2 Examination of applicants. All applicants for a position in either the fire or police department shall be under thirty-five years of age, shall be subject to an examination that shall be public, competitive, and open to all applicants and shall be subject to reasonable limitations to health, habits, and moral character. The foregoing age limitation shall not apply to those individuals set forth 65 Illinois Compiled Statutes 5/10-2.1-6(d). App icants must bg 2.::1 ygg f ggg p poop e of .D2..d.i p .�.�. .n... 2.2 .0Regis-ter of eligibles. A. The Board of Fire and Police Commissioners shall prepare and keep a register of persons whose general average standing, upon examination, is not less than the minimum fixed by the rules of the Board, and who are otherwise eligible. The candidates shall take rank upon the register as candidates in order of their relative excellence as determined by examination, without reference to priority of time of examination. Within sixty days after each examination, an eligibility list shall be posted by the Board, which shall show the final grades of the candidates without reference to priority of time of examination and subject to claim for military credit. Candidates who are eligible for military credit shall make a claim in writing within ten days after the posting of the eligibility register or such claim shall be deeded waived. Appointment shall be subject to final p hYSp a ap [)q'ofessipa„p"p,a, examinations. 5 B. If a person is placed on an eligibility list and becomes overage before he/she is appointed to the Police or Fire Department, the person remains eligible for appointment until the list is abolished pursuant to authorized procedures. C. Names of candidates for original appointment will be removed from the entry eligibility list after having been on the list for more than two years. : t w 2 4eu f lt:l per:GG �w ur:es p �.� ...ferth io-i eG eR .. :2 the Il Ica r:d asp .:... Cpp~� ... F4e ago-iap..11 "44G o ar p reva fGF 9 P44G ffiGer Ila terA eR t p�, �:a m WlIie:l pr:e �nam 8II1 IIII GGM: Plly W. th III:1 tIII �n requ eme-its ef tW.sChapter: and lt:le r4eS a R onegu i i o-is p the II� ard, The gea° d sha 4 prepare par a PG4 ffiGer: a terA e-it e4a ibiiip ...l48t will:Iie:l wO.O� be a GtWe ...G,9o-4 ate fGF P l4% GfflGeF M4 IIgge ra r:i finem lt::ie a terA o-pry e4gi b4rt .11.st WIi �' 2.2 .050 Rules and publications. A. The Board shall make rules to carry out the purpose of this Chapter and for appointments and removals in accordance with the provisions of this Chapter. The Board from time to time may make changes in these rules. B. All rules and changes therein shall be printed immediately for distribution. The Board shall give notice of the places where the printed rules may be obtained and of the date not less than ten days subsequent to the time of publication when the rules and changes therein p shall go into effect. 11.�9. notice„ I�a�ll �� �....l� gl:plohe .... n the e.Ipope... C. These rules of the Board shall apply to the conduct of examinations for original appointments, F lapr4 eRfizy Gf Pclo% G flGr:S..; or promotions as defined,te... pGF::..Part 9M: e p ii% effiGers and to the conduct of hearings on charges brought against a member of the I ore pa„o:...If.."„pa„Nice If"44 G II ire Department. No such rules shall be made by the Board to govern the operation of the Fire or Police Department, or the conduct of its members. 2.28.060 Preference. 6 .... AppIicants for yo"pypna appointment Ilpiave rngyllppiey...11.,uy passing gel p [po ioypouu ry g�,yminat.N„your may gll[jt Duo"y„yp pup „N„pypll.upllppy[�2 p�oypu [go] 2 Points ups desigo]gju�y Iluy pllue If.:poar for the testing gy Ilu p ll:g Ilpogy'd o,nyy.a lluogg p u gyyg[d p[gfeo op.n g pgints for.eduwuu uut„Nu~una. achievement ent and spggified certifications "refe ep e pgint vaIlues and gggu ifi tion.... s u':teomoouupp I�,)y pl:::nu' Ipgy,qd uoll l,)u' aouop„yuouu:u°... for e,yu Iu piny„tiny a y..glu gop.. g[anted in.... gu:n,;ord n�, e u opll:I adop!gd jgjg a 2y'up„ App icantsfor Sao oy.N.o uall appointment ent may gIl y....gpgg!!y 9 2 g!919ou poy:feoeouu:g pginty, at a....point y,°ulluwue yet omoney Il,uy...jllug p.:py„yod a n„ ' announced...:for ggn;b pug2.Nbg u:y:,nllg, god yoaouted in a.p:u goda2 g adop !gd„y!gjg u yyu M.pau�au �+u .p:a Dino pu;,son pynllll. l,)e...u'poupollulle for u'o:... p y . ' ...ou e Il pupp p convicted Il u:�au�u.�j- �u�lu oyu oup oou...�luu I �u �u�opu�uu;,poup � „yu Iu �u�.�� �aou uy,y u:�aop.... ony„o t4u f disobedience up of orders if such di o efuwuyu�ll to pp„g� p�ao M �aluu� o.�'ouu u� consisted the.... Molnp90 y up[m e you pl ie g. ouwuou ... . o y..giouwu ....or conscientious nscieoupq„yuwu o p.pgglion...0 against war The gea° nd pup Pine uuuuy p" pilau a MiSSp ReFS sp:a4 gWe twe p r:efeu" Ru e P puupS fG Se ViGeS..gyp pll uu ...p.pu u4ed States peg" a...paer4ey.... p at IlueaSp GRe yearn.a-Id ::u a were I uu o"u lb. y ypSu n:uuuo"yu y theu " pu M. n:GWeV F uu a Pu a"s ou.. i4 be... llppppll.0 e feu": eMp kp y eu 'Ip poi the p" pu% Il)epauuo"pu euup pp.„.UGua la Pu rsG a Was GGRViu:pu y....by GC)U p M,94pu p pup m llppu �"y...„er:V uGe.. uuu the gin URds ef..u,: lkga us uu" u: uu8u:peRpp uUS 49jeCAiGR a apu pu St aF::, TWe pau" pu u o uu a P()� RtS (Nn (44gii'uuill..9pp e� RtMeFlp..„ha4 a.se .D WeR p u Pu a"seRS Wl l u �l::::iave served at peasp..pw u years as e�-ier:4° 13,eFViGe OfflGers, p pll uu p" pu% D pu 4meu-up, TWe PrefereRGe pa puutS peon r4gii')u ll..° pip eiRtMu uup..„ha4 a�se .D WeR p u Pu a"seRS W:IG aone Geu n pppey pr o"SUu uup...W pll uu ...0 qU4:emeu 'As p pll uu ...state as a pw.p.u,: ppa htep n II. p .... Any p guo go u'p9. ollulle for p'efe.peouu:e..youyg these p'ovnons shall receive, as...ua re up„Ilp of 9opy examination IheN for origiouall appointMent, allll...p [gfgo:youu g points for which h evidence e of 999Ilopou atio a Iluias ll)een fun ui lln.ed g2d apppa„yey' Iie numeric all uft fl ius attained...ylluallll Ilp,)e pplloey Ilpy jbg Q..gg[d of II ire and If" .N.Nu e Commissioners dete.o"mpoupou.g pll12 pp„y opoon of uwuu:.l1 P9.1: 22 you goy..9lloppolluollNty Ili p which has Ilueen recommended as the oy,yuwullp of. ouy gy„yojouat„ion for:..o oyoou 11 appy„No:upment for pgo 2g g„y of p'efeoeouu;;e in appgintuyeoup to the If,,oore Sao If"ylloce Ilp9P9opm2D Ild2 p gu'so„n eoupoplled to pp'eference shall Il,)e reggired to a IIuaim such p'efeoeouu:e ,)eI212 90y g2�gppoouafio„p"p is IluieN. Under pule p..oa visiyou f fl:uo y"Ilup pjgu , Il2gl gu:;llu p'ef rence ullll Il,)e .oven after plluup:.po�ji��ny gf llIg p�,e�imi� a y...n�8�git)iIHt Mist at lluu� reguwuest of uwuu:llu p gu's?�"n. Iu. Tao u�o�.y p 0 the poouu�ll....u'poyoll,uollN„py Ilp p. uu.. u� � �yooupu�uu�p�p u�o ....o�uu� u'.:.:o�ao�u ill.... uuy perse„ -u a llp pWe p uu p inefeneFl :e...Uuuy'u F..ppuese pineVpSpGRS sha4 � a:eWea as...a �nesu4 ef away exampo-uu pp uu hekl...p o" er4gio,41 ppa upo'AmeRtu a maxu a uum pup 4uUo" P uuup w. Il u o-uu�o�uu�o"pu a 11 o suu4 thu�u�„...attapuuu:d s�:uu ll.11..11.De ap�palNed II.�y plluu Il.u� uar:d pup II pun ..away' p" pu% umo up.„.sieu-uers pi-u yu teu"wail-upi-ia the....P uSppp R ef SUG�a lu Peuns �-is u-i uu�-uy..eppappb&y 4st 7 W::ii6::i has buueR u' a eo-nme de as the �nesult of any exa� -n un afiOn fOF E)Ngpu"au u puupepu"upMeRt feF pu�pcses ef p i peg ne )Ge iR app uiRfiTleRt tG It:a ['pine can p e4% D paFtM Fl& II p.eFS( N-u Rt�lted to pinefeFeRGe sha4 be...�nequiF: te G4m SUGua l:l p inef4neRGe DefeFe,9F)y eX,9Mi ,9tieu-i us hekJ uoideF plluu PMV� S„eR „ pup pp:s GhapteF IlDUt 8UGua lu p FefEt eR Ge shauu ..be gp ve"u afteF It:1e pueStiu"ug of ppue...p.pen lim�uiu"au 6iga llq p ll ity pain„t uup...the onequu st of SUGh Pu FSGR Il.9u p()use ,9RY.0 PP pu"upMu u"tS arne mad pF:GM: the...ppRau 6igill iht p„t, pup.eR pUu 4.„.p uiRg :f eVid RG q u4 ifyp R p uu, p inefe�ne--)::eu 2.2 .070 Promotions. The Board, by its rules, shall provide for promotion in the Fire and Police Departments on the basis of ascertained merit and seniority in service and examination a o-) s::ia4 be fi4ed Ilgy pinemefieo-i. All examinations for shall be competitive among such „ gg ified members of the next lower rank as desire to submit themselves to examination Ih,ayp'9 satisfied time of sewice gg ifiu ation as u- h ed. All promotions shall be made from the three having the highest rating, and where there are less than three names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made therefrom, appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The Board shall strike off the names of candidates for promotional appointment after they have remained thereon for more than three years, provided there is no vacancy existing which can be filled from the promotional register. 2.2 .080 Removal, discharge and ' rn ti n. tir rn nt A. Except as herein provided, no post-probationary officer or member of the Fire or Police Department, except those exempted by Village ordinance, shall be removed, discharged or demoted except for cause upon written charges and after an opportunity to be heard in their own defense. The Board of Fire and Police Commissioners, by its rules, shall determine whether probable cause exists within ten days of filing of written charges. The IuuBoard shall conduct a fair, impartial hearing of the charges to be commenced within thirty days of its determination that probable cause exists, which hearing may be continued from time to time. In the event that charges against any officer of the Fire or Police Department shall be sustained after a hearing by the II.uuBoard, the bBoard may discharge or demote him�;,� g,, and/or may suspend him not exceeding thirty days without pay. The II.uuBoard may suspend any officer or member pending the hearing with or without pay but not to exceed thirty days. If the Board of Fire and Police Commissioners determine that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld if any. In the conduct of this hearing, each participating member of the bBoard pursuant to the provisions of this GChapter shall have the power to administer oaths and affirmations, and the Il llgoard shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing. 8 B. Nothing in this section shall be construed to prevent the Chief of the Fire or Police Department from suspending without pay any member of the department for a period of not more than five days, but he/she shall notify the bBoard in writing of such suspension. Any fire or police officer so suspended may appeal to the Board of Fire and Police Commissioners to review the suspension within five days after the suspension and upon such appeal, the board may sustain the action of the chief of the department, may reverse it with instructions that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty days or discharge the person and/or demote the person, depending on the facts presented. C. The age for retirement of fire and police officers will be sixty-five years unless the Board of Trustees shall by ordinance provide for an early retirement at an age of not less than sixty years. Section 2. If any section,paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: , 2014 APPROVED: , 2014 PUBLISHED: , 2014 APPROVED: Village President ATTEST: 9 Village Clerk ParkRidge 4100251 10 3/18/2014 ORDINANCE NO. 2014 - AN ORDINANCE AMENDING CHAPTER 2.28, BOARD OF FIRE AND POLICE COMMISSIONERS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970. NOW THEREFORE BE IT ORDAINIED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows: Section 1. Chapter 2.28, Board of Fire and Police Commissioners, of the Village of Buffalo Grove Municipal Code, is hereby amended to read as follows: Chapter 2.28 BOARD OF POLICE AND FIRE COMMISSIONERS Sections: 2.28.010 Adoption of state code. 2.28.020 Members. 2.28.025 Qualifications—Removal. 2.28.030 Officers—Duties. 2.28.040 Appointment of members—Fire and Police Departments. 2.28.041 Exemption from examination and age limits. 2.28.042 Examination of applicants. 2.28.044 Register of eligibles. 2.28.045 Police officer lateral entry. 2.28.050 Rules and publications. 2.28.060 Preference. 2.28.070 Promotions. 2.28.080 Removal, discharge and demotion—Retirement. 2.2 .01 0 Adoption of state code. Division 2.1 of Act 5 of Article 10, Chapter 65 of the Illinois Compiled Statutes, entitled Board of Fire and Police Commissioners, is adopted by reference, provided that Sections 10-2.1-1, 10-2.1-2, 10-2.1-3, 10-2.1-4, 10-2.1-5, 10-2.1-6(a), 10-2.1-14, 10-2.1-15, 1 10-2.1-16, 10-2.1-17, 10-2.1-20, 10-2.1-27, and Division 3 of Article 10, and Division 5 of Article 10, both of the Illinois Compiled Statutes are not adopted. 2.23.020 Members. The Board of Fire and Police Commissioners shall consist of five members. 2.23.02 u all-ficati n - m val. A. The members of the Board of Fire and Police Commissioners ('Board") shall be considered officers of the Village. B. No person holding an office in the Village shall be a member of the Board. The acceptance of any such office by a member of the Board shall be treated as a resignation of his/her office as a member of the Board. No person shall be appointed a member of the Board who has been convicted of a felony under Illinois law or a comparable law of any other state of the United States. No person shall be appointed a member of the Board who is related, either by blood or marriage up to the degree of first cousin, to any elected official of the Village. C. Members of the Board shall not be subject to removal, except for cause, upon written charges, and after an opportunity to be heard within 30 days in their own defense, before a regular meeting of the Corporate Authorities. A majority vote of the Corporate Authorities shall be required to remove any such member from office. 2.23.030 ff c r . utles. A. A secretary will be chosen by the members of the Board of Fire and Police Commissioners. The secretary shall keep the minutes of proceedings, shall be the custodian of all records pertaining to the business and examinations of the Board of Fire and Police Commissioners. B. The Fire and Police Chiefs shall have the right to take part in the examination of applicants and promotional examinations for their respective departments, but shall have no right to vote, except as invited by the Board. 2.23.040 Appointment of members.—Fire and Police r m nts. A. The Board of Fire and Police Commissioners shall appoint all officers and members of the Fire and Police Departments of the municipality, except those positions exempted by Village ordinance. The sole authority to issue certificates of appointment shall be vested in the Board of Fire and Police Commissioners, and all certificates of appointment issued to any officer or member of the Fire or Police Department shall be signed by the chairperson and secretary, respectively, of the Board of Fire and Police Commissioners upon 2 appointment of such officer or member of the Fire or Police Department by action of the Board of Fire and Police Commissioners. B. All original appointments to the Fire Department shall be for a probationary period of twelve months. All original appointments to the Police Department shall be for a probationary period of eighteen months. During the probationary period, an original appointee may be dismissed without a hearing before the Board of Fire and Police Commissioners if the chief of the department determines that the employee has failed to demonstrate the ability and the qualifications necessary to furnish satisfactory service. The chief shall notify the Board of Fire and Police Commissioners in writing of such recommended dismissal, for action by the Board. If an employee is not dismissed during his/her probationary period, his/her appointment shall be deemed complete at the end of the period. C. All promotional appointments to the Police Department shall be for a probationary period of twelve months. During the probationary period, promotional appointees shall be considered as on furlough from the rank held immediately prior to promotion, and may be reinstated to such rank without a hearing before the Board of Fire and Police Commissioners if the chief determines that the employee has failed to demonstrate the ability and the qualifications necessary to furnish satisfactory service at the higher rank. The chief shall notify the Board of Fire and Police Commissioners in writing of such action. If a promotional appointee is not reinstated in his/her prior rank during the probationary period, his/her appointment shall be deemed complete at the end of the period. D. All promotional appointments to the Fire Department shall be without a probationary period. E. If a member of the department is appointed Chief of Police or Chief of the Fire Department prior to being eligible to retire on pension, he/she shall be considered as on furlough from the rank he/she held immediately prior to his/her appointment as chief. If he/she resigns as chief or is discharged as chief prior to attaining eligibility to retire on pension, he/she shall revert to and be established in such prior rank and therefore be entitled to all benefits and emoluments of such rank without regard to whether a vacancy then exists in such rank. F. All appointments to each department other than that of lowest ranks shall be from the rank next below that to which the appointment is made, except that the Chief of Fire or Police Department may be appointed from among the members of the Fire and Police Departments respectively, regardless of rank, unless the Village Board of Trustees shall have by ordinance otherwise provided. 3 G. Any full-time member of the Fire or Police Department who comes under the provisions of this Chapter is a Village Officer but is exempt from any residency requirements except as shall be set by specific department rules and regulations. 2.28.041 Exemption fr m examination and age limits. All full-time members (to include officers) of a Fire Department or other entity that contracted with the Village to provide fire protection to the Village prior to June 30, 1981, shall become a member of the Village Municipal Fire Department with the rank that they held in such department or entity providing that such rank is available in the Fire Department of the Village, without any type of examination and age limitation. 2.2 .0 2 Examination of applicants. All applicants for a position in either the fire or police department shall be under thirty-five years of age, shall be subject to an examination that shall be public, competitive, and open to all applicants and shall be subject to reasonable limitations to health, habits, and moral character. The foregoing age limitation shall not apply to those individuals set forth 65 Illinois Compiled Statutes 5/10-2.1-6(d). Applicants must be 21 years of age at time of application. 2.2 .0Regis-ter of eligibles. A. The Board of Fire and Police Commissioners shall prepare and keep a register of persons whose general average standing, upon examination, is not less than the minimum fixed by the rules of the Board, and who are otherwise eligible. The candidates shall take rank upon the register as candidates in order of their relative excellence as determined by examination, without reference to priority of time of examination. Within sixty days after each examination, an eligibility list shall be posted by the Board, which shall show the final grades of the candidates without reference to priority of time of examination and subject to claim for military credit. Candidates who are eligible for military credit shall make a claim in writing within ten days after the posting of the eligibility register or such claim shall be deeded waived. Appointment shall be subject to final professional examinations. B. If a person is placed on an eligibility list and becomes overage before he/she is appointed to the Police or Fire Department, the person remains eligible for appointment until the list is abolished pursuant to authorized procedures. C. Names of candidates for original appointment will be removed from the entry eligibility list after having been on the list for more than two years. 2.2 .050 Rules and publications. 4 A. The Board shall make rules to carry out the purpose of this Chapter and for appointments and removals in accordance with the provisions of this Chapter. The Board from time to time may make changes in these rules. B. All rules and changes therein shall be printed immediately for distribution. The Board shall give notice of the places where the printed rules may be obtained and of the date not less than ten days subsequent to the time of publication when the rules and changes therein shall go into effect. This notice shall be published on the Village's website. C. These rules of the Board shall apply to the conduct of examinations for original appointments, for promotions as defined, and to the conduct of hearings on charges brought against a member of the Fire or Police Department. No such rules shall be made by the Board to govern the operation of the Fire or Police Department, or the conduct of its members. 2.28.060 Preference. A. Applicants for original appointment who have qualified by passing all preliminary examinations may submit proof of eligibility for preference points as designated by the Board for the testing cycle. The Board may choose to award preference points for educational achievement and specified certifications. Preference point values and qualification as determined by the Board will be announced for each testing cycle, and granted in accordance with adopted state code. Applicants for original appointment may also elect to use Veteran preference points; at a point value determined by the Board and announced for each testing cycle, and granted in accordance adopted state code. However, no person will be eligible for employment in the Police Department if such person was convicted by court- martial of disobedience of orders if such disobedience consisted of the refusal to perform military service on the grounds of religious or conscientious objection against war. B. Any person eligible for preference under these provisions shall receive, as a result of any examination held for original appointment, all preference points for which evidence of qualification has been furnished and approved. The numerical result thus attained shall be applied by the Board of Fire and Police Commissioners in determining the position of such persons on any eligibility list which has been recommended as the result of any examination for original appointment for purposes of preference in appointment to the Fire or Police Department. No person entitled to preference shall be required to claim such preference before any examination is held under the provisions of this Chapter, but such preference shall be given after the posting of the preliminary eligibility list at the request of such person before any appointments are made from the final eligibility list. 2.2 .070 Promotions. 5 The Board, by its rules, shall provide for promotion in the Fire and Police Departments on the basis of ascertained merit and seniority in service and examination. All examinations for shall be competitive among such qualified members of the next lower rank as desire to submit themselves to examination having satisfied time of service qualifications as established. All promotions shall be made from the three having the highest rating, and where there are less than three names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made therefrom, appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The Board shall strike off the names of candidates for promotional appointment after they have remained thereon for more than three years, provided there is no vacancy existing which can be filled from the promotional register. 2.2 .080 Removal, discharge and ' rn ti n. tir rn nt A. Except as herein provided, no post-probationary officer or member of the Fire or Police Department, except those exempted by Village ordinance, shall be removed, discharged or demoted except for cause upon written charges and after an opportunity to be heard in their own defense. The Board of Fire and Police Commissioners, by its rules, shall determine whether probable cause exists within ten days of filing of written charges. The Board shall conduct a fair, impartial hearing of the charges to be commenced within thirty days of its determination that probable cause exists, which hearing may be continued from time to time. In the event that charges against any officer of the Fire or Police Department shall be sustained after a hearing by the Board, the Board may discharge or demote him/her and/or may suspend him not exceeding thirty days without pay. The Board may suspend any officer or member pending the hearing with or without pay but not to exceed thirty days. If the Board of Fire and Police Commissioners determine that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld if any. In the conduct of this hearing, each participating member of the Board pursuant to the provisions of this Chapter shall have the power to administer oaths and affirmations, and the board shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing. B. Nothing in this section shall be construed to prevent the Chief of the Fire or Police Department from suspending without pay any member of the department for a period of not more than five days, but he/she shall notify the Board in writing of such suspension. Any fire or police officer so suspended may appeal to the Board of Fire and Police Commissioners to review the suspension within five days after the suspension and upon such appeal, the board may sustain the action of the chief of the department, may reverse it with instructions that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty days or discharge the person and/or demote the person, depending on the facts presented. 6 C. The age for retirement of fire and police officers will be sixty-five years unless the Board of Trustees shall by ordinance provide for an early retirement at an age of not less than sixty years. Section 2. If any section,paragraph, clause or provision of this ordinance shall be held invalid, the invalidity thereof shall not affect any other provision of this ordinance. Section 3. This ordinance shall be in full force and effect from and after its passage, approval and publication. This ordinance may be published in pamphlet form. AYES: NAYES: ABSENT: PASSED: , 2014 APPROVED: , 2014 PUBLISHED: , 2014 APPROVED: Village President ATTEST: Village Clerk ParkRidge 4100251 7 Ordinance No. 2014-31: An Ordinance Amending Chapter 10-D 9.04 Alarm Systems .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The alarm system ordinance has been amended to be consistent with the Village fee and fine recommendations as presented as part of the FY 2014 Budget. The impact of the changes are to reduce the number of"no charge" false alarms in a calendar year and increase the fines for multiple false alarm responses. The intent of the change in the fine structure was to ensure homeowners are maintaining their alarm systems and taking action to fix causes associated with false alarms that require emergency service response. Attachments Chapter 9 04-Alarm Systems-final edit.pdf Trustee Liaison Staff Contact Trustee Berman Scott D Anderson, .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Monday,April 7, 2014 Consent Agenda: Ordinances and Resolutions - Item 10-D ORDINANCE NO.204414- AN ORDINANCE AMENDING CHAPTER 9.04,ALARM SYSTEMS, OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE WHEREAS,the Village of Buffalo Grove is a Horne Rule Unit pursuant to the Illinois Constitution of 1970;and WHEREAS, identifying and establishing minimum standards and regulations applicable to the installation and use of alarm systems applicable to both Police and Fire remote monitoring purposes is critical in providing and maintaining an appropriate state of public safety readiness; and WHEREAS,the failure to maintain and properly monitor alarm systems can compromise the safety of citizens,police and fire personnel and create situations where public safety personnel and equipment are improperly deployed within the community reacting to false alarms;and WHEREAS,reducing the incidence of false alarms within Buffalo Grove is appropriate to the mission of both the Village's Police and Fire Departments. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that: Section 1.Chapter 9.04,Alarm Systems,of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: CHAPTER 9.04 ALARM SYSTEMS Section 9.01.010 Definitions Section 9.04.020 Alarm System User Permit Section 9.04.030 Permit Fees Section 9.04.040 Revocation or Suspension of Permit-Police and Fire Section 9.04.050 Activation of Alarm Section 9.04.060 Automatic Systems Section 9.04.070 Audible Devices Section 9.04.080 Response to False Alarms-Police Section 9.04.090 Response to False Alarms-Fire 9.04.010 Definitions. For the purpose of this Chapter,the following terms,phrases,words, and their derivations shall have the meaning given herein: A. "Alarm system" means manual and automatic electronic equipment, radio transmitting equipment and all components including any telephone lines,arranged to detect an attempted or actual unauthorized intrusion into a premises or robbery at a premises and produce electronic, visual or audible signals or notifications which normally summon and produce police response."Alarm system" shall include terms commonly known as"automatic holdup alarm systems," "burglar alarm systems," ..holdup alarm systems," ..manual holdup alarm systems"and"burglary, robbery,trespass alarm." In addition, "alarm system" shall include and device known as a fire or medical alerting system. B. "Alarm system user"means any controlling individual,firm or corporation on whose premises an alarm system is maintained within the Village,except for alarm systems on motor vehicles or proprietary systems. If however,an alarrn system on a motor vehicle is connected with an 1 alarm system at a premises(other than a proprietary system)the person using such system is an alarm system user. t .-----A,cgcmo d }r,nod s jH rncr a,Oh� c,u Jwcq^rr:aa ^a�hrall OI Q dww4,0 WOrOhs f'nllmOtw,,.thc(iw+ ,of Kr tV1iP irw V taro.,r Hutto, ihw dl Caq w. ai of thv conclie,iio q of thv t-sr ,Iva, No w hi f'ol-lq,qOnE"thv (io c aq�, h ihp d.l nw Ao Aorrq "Departmenf' shall mean individually or both the Village's Police Department or Fire Department. I�.t U..... "False alarm" means the activation of an alarm system without apparent, attempted or actua l unauthorized entry or due to mechanical failure, malfunction, improper installation, human error,or the negligence of the owner or lessee of an alarm system or of his employees or agents,whether or not the exact cause of the error or malfunction is identified,or any other activation of the signal when no actual emergency exists,other than for testing purposes.Such terminology does not include, for example, alarms caused by hurricanes, tornadoes, earthquakes, fire, area power failures, failures attributable to telecommunication service providers or other violent conditions which cause actual damage to a secure premises or alarm system components. E."Fire Alarm" means a system designed to notify the Fire Department, or other outside monitoring agency,either automatically or by manual operation,of an actual or imminent fire. t�4 "Fire Department'means the Village of Buffalo Grove Fire Department. C D�O..... "Medical Alert System"means a system to notify the Fire Department,or other outside monitoring agency,of a medical emergency. Lt L"Police Department'means the Village of Buffalo Grove Police Department. 44. "Proprietary systems"is defined as a burglar and/or holdup alarm system that communicates a signal only to a point(s) within the interior of the protected premises. They alert or signal persons within the premises in which the alarm system is located of an attempted, unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such system shall be within the definition of alarm system and shall be subject to this Chapter. F'4.; "Subscriber"means a person,firm or corporation utilizing a receiving station alarm or digital ,. dialer system and paying a fee thereof. I nj< "Village" shall mean the Village of Buffalo Grove, including its Fire Department and Police Department. 9.04.020 Alarm System User Permit. A. Every alarm system user shall obtain from the Village an annual alarm system user permit for each alarm system the alarm system user operates within the Village. B. The alarm system user applying for the permit required in subsection(A)of this section,shall state on a pennit application form to be provided by the Village information such as,but not limited to:name,the address of the residence or business or businesses in,or upon which the alarm system has been or will be installed,telephone number,the type of alarm system(local, direct connect, central station, etc.), the alarm business or businesses selling, installing, monitoring,inspecting,responding to and/or maintaining the alarm system,and the name and telephone number of at least one other person(in the case of a commercial alarm system user applicant,at least two other persons)who can be reached at any time,day or night,and who is authorized to respond to an alarm signal and who can open the premises in which the system is installed. C. The information contained in an alarm system user permit application required by this section and other information received by the Village through correspondence or communications with an alarm user shall be securely maintained and restricted to inspection only by the Fire or Police Chief or certain officers or Village employees specifically assigned the responsibility for handling and processing alarm system user permits in the course of official duties. 2 D. Any alarm system user who operates an alarm system without first obtaining a permit as required by this section,or who,after having a permit revoked,or suspended operates an alarm system,shall be in violation of this Chapter. 9.04.030 Alarm Registration Fees. A. Vl imi tcai;,;mi6on f,c klwuill be tcn (ioflua,;(� O) f'w bwfi wiainw iluImi rGrwu�,fuil l,urrl�,rt fm uIm,, rw�lu lx�lrcc bw.,_lua u11uinll «r 'jn.c fm,u11uinll f�E Li 1 f'te ,lwu.P ul,corr*� P f uw,: Alarm registration fee shall be twenty($20)for both original and renewal permits for any combination fire/police alarm for any occupancy. B. Local,state and federal government agencies shall be exempt from alarm registration fees. 9.04.040 Revocation or Suspension of Permit-Police and Fire. A. The Chief of Police or the Fire Chief may, after notice and hearing,revoke or suspend an alarm user's permit under the following circumstances: I. More than five false alarm responses within any six-month period; 2. Failure to pay false alarm fees or alarm registration fees as required by this Chapter; 3. Failure of an alarm system user to appear and turn off,reset or inspect an activated alarm system within one hour of police notification to do so; 4. Failure to comply with any provisions of this Chapter. B. Notice of the hearing for revocation or suspension of permit shall be given in writing,setting forth the grounds of the violation and the time and place of the hearing. Such notice shall be sent by certified mail,return receipt requested,to the permittee's last known address at least five days prior to the date set for the hearing. C. The permittee shall be permitted counsel and shall have the right to submit evidence and to cross-examine witnesses. The Chief of Police or Fire Chief shall preside and shall render the decision. D. Any person aggrieved by the decision of the Chief of Police or Fire Chief in connection with the revocation or suspension of the permit shall have the right to appeal to the Village Manager. Such appeal shall be taken by filing with the Village Clerk, within ten days after notice of a revocation or suspension,a written statement under oath setting forth specifically the grounds for appeal. The Village Manager shall thereupon set the time and place for a hearing on such appeal, and notice of such hearing shall be given to the permittee. The decision of the Village Manager on such appeal shall be final. E. Any revocation or suspension shall not preclude prosecution and imposition of any other penalties. 9.04.050 Activation of Alarm. It is unlawful for any person to knowingly activate any alarm system for the purpose of summoning either Department,except in the event of an actual or attempted burglary,robbery,fire or medical emergency or for any person to notify the Department of an activated alarm,and having knowledge that such activation was apparently caused by an electrical or other malfunction of the alarm system,to fail at the same time to notify the Department of such apparent malfunction. 9.04.060 Automatic Svstems. Unless previously approved by the Village,no person, firm or corporation shall use or cause or permit to be used, or engage in the business of providing any telephone device or telephone attachment that automatically selects a public trunkline of the Police or Fire Department of the Village and then reproduces any prerecorded message to report any robbery,burglary,fire,or other emergency. 3 9.04.070 Audible Devices. A. No person,firm or corporation shall install equipment or allow to exist on any alarm system: • Any outside audible device which emits electronically amplified audio sound through speaker,speaker hom,speaker driver,or other similar audio device; • Any mechanical device which produces audible sounds in any manner similar to sirens of emergency public safety vehicles of the Village; • Any outside audible device not equipped with an automatic shut off which will deactivate within five minutes of the initial alarm. B. Any activated system audible device in violation hereof,is declared a public nuisance and may be immediately abated by deactivation,disconnection or removed by any reasonable means by the Police Department or Fire Department. 9.04.080 Response to False Alarms-Police and Fire. For a Police and/or Fire Department response to any false alarms the Village shall charge and collect from the person having or maintaining such burglary and/or robbery or trespass alarm on premises owned or occupied by him or her,fees as follows: A. For the first 4Ble� response to premises at which no other false alarm has occurred within the Annual Period,no fee shall be charged. B_For any additional response to premises within the Annual Period,the following fees shall be charged: ' Formatted: No bullets or numbering 2es onse Fee - Formatted:Font:Times New Roman nd $ 75.00 ( Formatted Table 3td $ 125.00 ( Formatted:Font:Times New Roman Formatted:Font:Times New Roman 4th $ 175.00 ( Formatted:Font:Times New Roman 5th-9th $ 200.00 ( Formatted:Font:Times New Roman 10 or mote $ 250.00 Formatted:Font:Times New Roman h 9.04.090 Violation-Penalties In addition to the revocation or suspension of a permit as provided herein,any person violating any provision of this Chapter shall be punished as provided in Chapter 1.08 of this Code. uI , ovuil uI Section 2. 1 xrk �irc rrwi,rwcu� k wui G� rrw fillf�ircu;; uirwc v'ffG,,ct fr�irl� uirwc uifiu'.1 rtk l,uikk i,�G 1p Il,,, piilflicu16on uik..of J. Iniiuit�' 121011. Ilwrk w,(iimirwccc imi� be p11b1i';fic4l rrw 1,uu1�1,1wll,t f(mil;.. �It7I ti 1 21W 1. rIT➢ O 11_U '1011. tlC]iI Dstil )� "M 1. 4 Villuuav NG ddvrat A I I,Ls I.;. Villmav Clv do Pi o s4p 14l 4t,4 I4iP k et,flfw d...t I`,et^t Pv it flrpd A4tf ots pflss,i�-IG^: ,l s n4' 4rwio:urz, d 200' I 4ios TgnI:Wrshe4d;4 pq,ulopr xd t I`�,rr*�,, A I s: dr I [b 20014..,. 2004: ...................................................................................................................................................................................................................................................................................................................................................................... 7 5 Authorization to Request Proposals - for Public Works 10-E Infrastructure/Operations Management Software .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $37,000 2014 CIP Overview In support of the Village Board's strategic plan goals to integrate data, improve customer service and create operational efficiencies,the Public Works Department seeks to implement operations management software. The current Lotus Notes system of non-integrated databases is cumbersome and inefficient because the same data is being entered multiple times in multiple locations. A software/database upgrade from a company specializing in the public works sector would allow the technology to streamline processes for everyone from the resident looking to submit a service request,to a PW employee closing out work orders,to a Supervisor tracking unit costs on the back end. Integration with GIS, 311/CRM operations and the New World financial software is considered a priority. Next Steps RFP document will be released upon review by the Village Attorney. Attachments CIP Budget Summary PW Software.pdf Invite for PW Software.pdf Trustee Liaison Staff Contact Trustee Stein Brett Robinson,Public Works M.on.daY,...........April ...7......, 2014. . .. ..............................................................................................................................Consent ..Agenda: .....New ...Business ..._...Item ........1.0.E.......................................... Public Works Software/Database Upgrades Category: Technolo i Je J gY 1 � Fund: Capital Projects - Facilities KA, j Account Number: 150.75.560.50 Priority Score: 20 Initial Proposal Date: 2013 Project Coordinator: PW-Admin Ali Summary: Due to the decreased size of an already lean Public Works Department, efficiencies in daily activities need to be realized. The current Lotus Notes system of non- integrated databases is cumbersome and inefficient because the same data is being entered multiple times in multiple locations. A software/database upgrade from a company specializing in the public works sector would allow the technology to streamline processes for everyone from the Resident looking to submit a service request, to a PW employee closing out work orders, to a Supervisor tracking unit costs on the back end. Integration with GIS and the New World financial software is considered a priority. Budget Impact: This project is funded through an internal transfer from the General Fund's operating revenues. Estimated Budgeted Amount FY 2009 FY 2010 FY 2011 FY 2012 FY 2013 TOTAL $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 Actual Expenditures $ 0 $ 0 $ 0 $ 0 $ 0 $ 0 �,. Expense Category FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 TOTAL Land Training&Startup $12,000 - - - - $12,000 Construction Equipment $25,000 $5,000 $5,000 $5,000 $5,000 $45,000 (Software) Contingency Sub-Total $37,000 $5,000 $5,000 $5,000 $5,000 $57,000 REQUEST FOR PROPOSAL PUBLIC WORKS INFRASTRUCTURE/OPERATIONS MANAGEMENT SOFTWARE RECEIPT OF REQUEST FOR PROPOSALS Sealed Proposals for Public Works Infrastructure/Operations Management Software are invited and will be received by the Village of Buffalo Grove(hereinafter referred to as The Village)at 50 Raupp Boulevard (Office of the Village Clerk), Buffalo Grove, Illinois 60089 on or before, but not later than 10:00 A.M. Local Time on Tuesday,.V ine 3,2014. Proposals will not be publically opened and read aloud. Each Vendor shall be required to submit one digital original (PDF format)I and one paper copy of their respective Proposal in a sealed envelope or box.Sealed envelopes or packages containing Request for Proposals shall be marked or endorsed: Proposal for Village of Buffalo Grove, Illinois Public Works Infrastructure/Operations Management Software GENERAL DESCRIPTION OF WORK The following Request for Proposal involves both providing and implementing a new infrastructure/operations management software system for the Village of Buffalo Grove Public Works Department. For information on how to receive a copy of the Request for Proposal Package contact the Office of the Village Clerk at 847-459-2500 or visit the Village of Buffalo Grove website at www.vbg.org Approval of Development Improvement Agreement and 10-F Final Plat for Easthaven Subdivision .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview Attached is the Development Improvement Agreement for the Easthaven Subdivision which is recommended for approval with the following conditions: 1. Receipt and approval by the Village Attorney of the project's financial security in the amount of $1,713,680.00. 2. Receipt of the following fees and deposits: • Engineering Review&Inspection fee -$56,097 • Storm Sewer Inspection Deposit- $4,733 • Sanitary Sewer Inspection Deposit-$2,512 • Pavement Evaluation Fee - $1,395 • DIA Cash Deposit- $17,000 Approval of the attached final plat is recommended. Attachments PARKRIDGE-#100301-vl-Easthaven_Development_Improvement_Agreement.pdf Exhibit E.pdf Final plat 14-0314.pdf Trustee Liaison Staff Contact Trustee Berman Darren Monico, M.on.daY,...........April ...7......, 2014. . .. ..............................................................................................................................Consent ..Agenda: .....New ...Business ..._...Item ........1.0.F........................................... Form Revised:3/31/2014 Easthaven #100301 Development Name DEVELOPMENT IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into as of this day of , 2014, by and between the VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation, and having its office at Village Hall, 50 Raupp Boulevard, Buffalo Grove, Illinois (hereinafter called "Village") , and Pulte Home Corporation (hereinafter called "Developer") . WITNESSETH: WHEREAS, in compliance with the Village's Development Ordinance and pursuant to the Annexation Agreement (Annexation Agreement or PUD Ordinance or Agreement) dated February 24, 2014, Developer has submitted to the Village a Plat of Subdivision designated as Exhibit "A", attached hereto, which Subdivision Plat has been approved by the Plan Commission of the Village, and, Developer desires to improve the real property described in said Subdivision Plat; and, WHEREAS, the Village is willing to approve said Subdivision Plat, provided that this Agreement is executed to insure the completion of certain site improvements, as a condition precedent to the issuance of building permits for any buildings to be constructed on the property. NOW, THEREFORE, it is mutually agreed as follows: 1. Developer shall furnish, or cause to be furnished, at their own cost and expense, all the necessary material, labor, and equipment to complete the improvements listed on Exhibit "B" attached hereto, and all other site improvements not specifically set forth, which are required by applicable ordinances or agreements, all in a good and workmanlike manner and in accordance with all pertinent ordinances and regulations of the Village and in accordance with the plans and specifications, dated March 4, 2014 , shown on Exhibit "C" attached hereto, including any subsequent revisions requested by the Developer and approved in writing by the Village pursuant to the Village's Development Ordinance, which Exhibit has been prepared by Spaceco Inc. who are registered professional engineers and Exhibit "D", attached hereto consisting of the Landscaping Plan and as approved by the Village. All utility lines and services (except water services which are to be installed after paving via directional bore) to be installed in the street shall be installed prior to paving. 2. Attached hereto as Exhibit "E" is a complete cost estimate for the construction of the improvements described in Exhibit "B" hereto. Upon the execution of this Agreement and prior to the recordation of the Plat of Subdivision, the Developer shall deposit a Letter of Credit acceptable to and in a form and substance approved by the Village as further described in Paragraph 9 herein. The Letter of Credit shall originally be in the amount of $1, 713, 680.00. 3. All work shall be subject to inspection by and the approval of the Village Engineer. It is agreed that the contractors who are engaged to construct the improvements described in Paragraph 1 hereof are to be approved by the Village Engineer and that such approval will not be unreasonably withheld. 4. The Developer has paid the Village a Review and Inspection Fee, as required by Ordinance. It is understood that said fee is based on the amount of the contracts or cost estimate for those items listed in Exhibit "B" . 5. Prior to the time the Developer or any of its contractors begin any of the work provided for herein, the Developer, and/or its contractors shall furnish the Village with evidence of insurance covering their employees in such amounts and coverage as is acceptable to the Village. In addition, by its execution of this Agreement, the Developer agrees to protect, indemnify, save and hold harmless, and defend the 2 Village of Buffalo Grove and its employees, officials, and agents, against any and all claims, costs, causes, actions, and expenses, including but not limited to attorney's fees incurred by reason of a lawsuit or claim for damages or compensation arising in favor of any person, corporation or other entity, including the employees or officers or independent contractors or sub-contractors of the Developer or the Village, on account of personal injuries or death, or damages to property occurring, growing out of, incident to, or resulting directly or indirectly, from the performance of work by the Developer, independent contractors or sub- contractors or their officers, agents, or employees. The Developer shall have no liability or damages for the costs incident thereto caused by the sole negligence of the Village. This hold harmless shall be applicable to any actions of the Developer, independent contractor, or sub-contractor prior to the date of this Agreement if such prior actions were approved by the Village. 6. The Developer shall cause said improvements, including but not by way of limitation the public parks on Outlots C and D, herein described to be completed within twenty-four (24) months following the approval of the Plat as shown in Exhibit "A" by the President and Board of Trustees, except Detention Areas which shall be completed within twelve (12) months, and except any improvements for which specified time limits are noted on the approved plans, Exhibit "C" which shall be completed within the specified time limits shown on the plans. If work is not completed within the time prescribed herein, the Village shall have the right to call upon the Letter of Credit, in accordance with its terms, for the purpose of completing the site improvements. Upon completion of the improvements herein provided for, as evidenced by the certificate or certificates of the Village President and Board of Trustees, the Village shall be deemed to have accepted said improvements, and thereupon, the Letter of Credit shall automatically be reduced to serve as security for the obligations of the Developer as set forth in Paragraph 7 hereof. The Developer shall 3 cause its consulting engineers to correct drawings to show work as actually constructed and said engineers shall turn over high quality Mylar reproducible copies thereof to the Village to become the Village's property prior to acceptance of the improvements by the President and Board of Trustees. Notwithstanding the foregoing, parkway improvements do not need to be completed on a lot until a home is built on said lot. 7. The Developer for a period of one year beyond formal acceptance by the Village of any improvement described in Exhibit "B" hereof, shall be responsible for maintenance repairs and corrections to such improvements which may be required due to failures or on account of faulty construction or due to the developers and/or contractors negligence. The obligation of the Developer hereunder shall be secured by the Letter of Credit as further described in Paragraph 9 hereof. 8. It is agreed that no building permit shall be granted by any official for the construction of any structure until required utility facilities (to include, but not by way of limitation, sanitary sewer, water and storm sewer systems) have been installed and made ready to service the individual lots concerned; and that roadways (to include curbs) providing access to the subject lot or lots have been completely constructed except for the designed surface course. It is understood and agreed that building permits may be granted for buildings on specific lots to which utility facilities have been installed and made ready for service and to which roadways have been constructed as described above, notwithstanding the fact that all improvements within the Development may not be completed. Notwithstanding the foregoing, Section 31.D. 6. of the Annexation Agreement dated February 24, 2014 shall be applicable and control as to the model home issues that are addressed in said Section 31.D. 6. 9.A. The obligations of the Developer hereunder as to the deposit of security for the completion of improvements (Exhibit "B" hereof) and the one year maintenance of said improvements after acceptance by the 4 Village (Paragraph 7) shall be satisfied upon delivery to the Village of a Letter of Credit in favor of the Village in a form acceptable to the Village. The Letter of Credit shall be made subject to this Agreement. The Developer hereby waives its option pursuant to 30 ILCS 550/3 and 65 ILCS 5/11-39-3 to utilize any type of security other than a Letter of Credit. B. In addition to the terms, conditions, and covenants of the Letter of Credit, the Village hereby agrees to draw funds or to call said performance guarantee under such security solely for the purpose of payment for labor and materials supplied or to be supplied, by engineers, contractors, or subcontractors, to, or for the benefit of Easthaven or the Village, as the case may be, under the provisions of this Agreement and the said improvements for which payment is being made shall have been completed, or will be completed, in substantial accordance with the plans and specifications described herein. C. The Village further hereby agrees that to the extent that the Developer causes the commitments of this Agreement to be completed, the outstanding liability of the issuer of the Letter of Credit shall during the course of construction of the improvements, approximate the cost of completing all improvements and paying unpaid contract balances for the completion of the improvements referred to in this Agreement. Until all required tests have been submitted and approved by the Village for each of the construction elements including, but not limited to, earthwork, street pavements, parking area pavements, sanitary sewers and water mains, a minimum of that portion of the surety for each element shall be subject to complete retention. All improvements are subject to a minimum fifteen (150) percent retention until final acceptance by the Village. D. In order to guarantee and warranty the obligations of paragraph 7 herein, an amount equal to fifteen (150) percent of the total 5 amount of the Letter of Credit, or an amount equal to fifteen (150) percent of the cost estimate of the individual improvement (s) shall be retained in the Letter of Credit for a period of one-year beyond formal acceptance by the Village of the improvement (s) . E. As a portion of the security amount specified in Paragraph 2, the Developer shall maintain a cash deposit with the Village Clerk in the amount of Seventeen Thousand Dollars ($17, 000.00) . If roads are not maintained with a smooth and firm surface reasonably adequate for access of emergency vehicles such as fire trucks and ambulances, or if any condition develops which is deemed a danger to public health or safety by the Village of Buffalo Grove due to the actions of the Developer or his failure to act; and after written notice of this condition, the Developer fails to immediately remedy the condition; then the Village may take action to remedy the situation and charge any expenses which results from the action to remedy the situation to the cash deposit. Upon notification that the cash deposit has been drawn upon, the Developer shall immediately deposit sufficient funds to maintain the deposit in the amount of Seventeen Thousand Dollars ($17, 000.00) . If the Developer has not made the additional deposit required to maintain the total cash deposit in the amount of Seventeen Thousand Dollars ($17, 000.00) within three (3) days from the date he received notice that such additional deposit was required, it is agreed that the Village may issue a Stop Work Order or also may revoke all permits which the Developer had been granted. This cash deposit shall continue to be maintained until the maintenance guarantee period has lapsed. The deposit may be drawn upon by the Village if the conditions of this Agreement are not met by the Developer within five (5) days after receipt of a written notice of noncompliance with the conditions of this Agreement, except in cases of danger to public health and safety as determined by the Village, in which case, the deposit may be drawn upon immediately following notice to the Developer and his failure to immediately remedy the situation. After 6 termination of the one-year maintenance period and upon receipt by the Village Clerk of a written request for release of the deposit, the Village will either notify the Developer that the improvements are not in a proper condition for final release of the deposit, or shall release the deposit within fifteen (15) days. F. In addition to the terms, covenants, and conditions of the Letter of Credit, the Developer hereby agrees that no reduction shall occur in the outstanding liability of the issuer there under, except on the written approval of the Village; however, in all events, the Village shall permit such Letter of Credit to expire, either by its terms, or by return of such Letter of Credit to the Developer, upon the expiration of one- (1) year from the acceptance of the improvements referred to herein by the Village. To the extent that the provisions of Paragraph 9 herein, and of the Letter of Credit, permit the Village to draw funds under such Letter of Credit, the Village hereby agrees to reduce the outstanding liability of the issuer of the Letter of Credit to the extent that funds are disbursed. 10. Any Letter of Credit shall provide that the issuer thereof shall not cancel or otherwise terminate said security without a written notice being given to the Village between thirty- (30) days and forty-five (45) days in advance of termination or cancellation. 11. Developer shall install any additional storm sewers and/or inlets which are required in order to eliminate standing water or conditions of excessive sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. No occupancy permit shall be issued until all exterior lighting specified on Exhibit "C" is installed and operational.Notwithstanding the foregoing, if the Prairie Road re- alignnment has been completed, streetlights on Prairie Road shall be installed within twenty-four (24) months following the approval of the Plat as shown in Exhibit "A" by the President and Board of Trustees. If 7 the Prairie Road re-alignnment has not been completed within said twenty- four (24) months, then the Developer, with approval of the Village, shall escrow with the Village the projected cost of installation of streetlights on Prairie Road. 13. The Developer acknowledges that until final acceptance, he is responsible for providing snow and ice control along any streets within the Development, which are adjacent to occupied properties or necessary to provide access to occupied properties. The Developer agrees to pay the Village an annual fee for providing snow and ice control along these streets. The fee rate shall not exceed the Village' s average budgeted snow and ice control cost per mile of Village streets for which this service is provided with a minimum charge being based upon one-half (1/2) mile. It is the Developer's responsibility to provide a map of the applicable areas and the fee payment within thirty (30) days of notification of the annual fee rate. If not paid, the fee may be withdrawn by the Village from the cash deposit described in Paragraph 9E. Notwithstanding the foregoing, the Developer, at its cost, shall have the option to provide snow and ice control along streets within the Development. If Developer' s snow and ice control services are not satisfactory to the Village then the Village has the right to withdraw this option. 14. The Developer acknowledges that he is responsible for the proper control of weeds, grass, refuse, and junk on all property which he owns within the Village in accordance with Chapter 8.32 of the Buffalo Grove Municipal Code. It is further agreed that the Developer shall continue to be responsible for the proper maintenance of any parcels of property for which the Developer transfers ownership to the Village until such time as the development' s improvements are accepted by the Village in writing in accordance with the provisions of this Agreement. If the Developer fails to perform his maintenance 8 responsibilities established in either this paragraph or Chapter 8.32, the Village may provide a written notice to the Developer of the improper maintenance condition. If proper maintenance is not completed within ten (10) days after the Developer is provided this notice, the Village may perform the maintenance and deduct the costs of the maintenance from the cash deposit described in Paragraph 9E. 15. The Developer agrees that no improvements constructed in conjunction with this project are sized or located in such a way as to warrant any recapture payment to the Developer pursuant to any applicable previous agreements. 16. This Agreement and the obligations contained herein are in addition to, and not in limitation of, all other agreements between the Parties hereto including, without limitation, the Annexation Agreement (Annexation Agreement or PUD Ordinance) dated February 24, 2014, and the obligations contained therein. 17. Paragraph(s) N/A are attached hereto and made a part hereof. IN WITNESS WHEREOF, the Village has caused this Agreement to be executed, as has the Developer, all as of the date first above written. VILLAGE OF BUFFALO GROVE, an Illinois Municipal Corporation By DEVELOPER - PULTE HOME CORPORATION By 9 Easthaven (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT A The Plat of Subdivision prepared by Spaceco Inc. entitled Easthaven Subdivision consisting of 2 sheet (s) last revised February 26, 2014. 10 Easthaven (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT B All improvements, both public and private, including earthwork, streets, driveway and parking area pavements, sidewalks, sanitary and storm sewers, water main, drainage and storm detention facilities, site grading, street lighting, landscaping, survey monuments and benchmarks. 11 Easthaven (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT C Plans prepared by Spaceco Inc. entitled Easthaven consisting of 29 sheet (s) last revised March 4, 2014. (Specifications included on plans) . 12 Easthaven (Development Name) DEVELOPMENT IMPROVEMENT AGREEMENT EXHIBIT D Landscaping Plan prepared by Wills Burke Kelsey Associates Ltd. entitled Easthaven Buffalo Grove consisting of 2 sheet (s) last revised g/engr/forms/dia-easthaven 13 i r �r EASTHAVEN OLIVE HILL DRIVE AND PRAIRIE ROAD BUFFALO GROVE, IL Engineer's opinion of probable construction cost Item No Description cost A SANITARY SEWER $143,960.00 B WATER DISTRIBUTION $171,650.00 C STORM SEWER $294,771.00 D EARTHWORK $139,300.00 E PAVING $334,550.00 F CONCRETE $264,440.00 G MISCELLANEOUS $108,391.00 TOTAL $1,457,062.00 CONSTRUCTION ENGINEERING (10% OF A-G) $145,706.20 PER VILLAGE FEE SCHEDULE TOTAL CONSTRUCTION COST= $1,602,768.20 TYPICAL VILLAGE FEES " ENGINEERING REVIEW &INSPECTION FEE(3.5%) $56,096.89 �B'AMOUNT(108%) $1,730,989.66 STORM SEWER DEPOSIT(1.00 PER LF) $4,733.00 SANITARY SEWER DEPOSIT($1.00 PER L.F.) $2,512.00 PAVEMENT EVALUATION FEE ($0.15 PER S.Y.) $1,395.00 DIA CASH DEPOSIT (1% OF BOND-$50,00 MIN) 44;3 X /7 0062• o0 BALANCE TO BE BONDED(8"10 AMOUNT-CASH DEPOSIT) $1,713,679.76 W r- 04, crleoh f FILE NAME:7195-LOC-estimate.xlsx S PAC E C O, INC. 3/12/2014 Engineer's Opinion of Probable Construction Cost UNIT ITEM QNTY UNIT PRICE AMOUNT A.Sanitary Sewer Improvements Al SANITARY SEWER, PVC SDR 26 8" 2,331 L.F. $28.00 $65,268 A2 SANITARY SEWER, PVC DR 18 8" 181 L.F. $32.00 $5,792 A3 SANITARY MANHOLE,TYPE A 48"DIA. 14 EACH $2,000.00 $28,000 A4 SANITARY SERVICE,SHORT 27 EACH $800.00 $21,600 A5 SANITARY SERVICE, LONG 13 EACH $1,100.00 $14,300 A6 SANITARY TRENCH BACKFILL 300 L.F. $30.00 $9,000 A. Sanitary Sewer Improvements Sub-Total= $143,960 B.Watermain Improvements 131 WM, DI CL 52 W/FITTINGS 8" 2,770 L.F. $35.00 $96,950 B2 WATER SERVICE, SHORT 17 EACH $600.00 $10,200 B3 WATER SERVICE, LONG 23 EACH $900.00 $20,700 B4 VALVE 8" IN 48"VAULT 6 EACH $2,200.00 $13,200 B5 PRESSURE CONNECTION 8"X8" 2 EACH $4,000.00 $8,000 B6 FIRE HYDRANT W/AUX.VALVE AND BOX 9 EACH $1,800.00 $16,200 B7 TRENCH BACKFILL 400 L.F. $14.00 $5,600 B8 CONNECT TO EXISTING STUB 1 EACH $800.00 $800 B.Watermain Improvements Sub-Total $171,650 C. STORM SEWER C1 STORM SEWER,ADS N-12,4"LID 200 L.F. $18.00 $3,600 C2 STORM SEWER, RCP, PVC SDR 26,8" 35 L.F. $20.00 $700 C3 STORM SEWER, RCP,CL IV, 12" 631 L.F. $24.00 $15,144 C4 STORM SEWER, RCP,CL IV, 15" 639 L.F. $30.00 $19,170 C5 STORM SEWER, RCP,CL IV, 18" 129 L.F. $35.00 $4,515 C6 STORM SEWER, RCP,CL IV,24" 980 L.F. $.40.00 $39,200 C7 STORM SEWER, RCP,CL IV,30" 1,429 L.F. $48.00 $68,592 C8 STORM SEWER, RCP,CL IV,36" 690 L.F. $65.00 $44,850 C9 INLET,TYPE A,24"DIA 18 EACH $600.00 $10,800 C10 CATCH BASIN,TYPE A,36"DIA 4 EACH $750.00 $3,000 C11 CATCH BASIN,TYPE A,48"DIA 1 EACH $1,200.00 $1,200 C12 CATCH BASIN,TYPE A,60"DIA 9 EACH $1,800.00 $16,200 C13 MANHOLE,TYPE A,60"DIA 19 EACH $1,500.00 $28,500 C14 MANHOLE,TYPE A, 72"DIA 1 EACH $4,000.00 $4,000 C15 CONTROL STRUCTURE 1 EACH $4,500.00 $4,500 C16 F.E.S.WITH GRATE, 12" 1 EACH $700.00 $700 C17 F.E.S.WITH GRATE, 18" 1 EACH $1,000.00 $1,000 C18 F.E.S.WITH GRATE, 36" 2 EACH $2,400.00 $4,800 C19 SERVICES 38 EACH $450.00 $17,100 C20 CONNECT TO EXISTING STUB 1 EACH $600.00 $600 C21 TRENCH BACKFILL 550 L.F. $12.00 $6,600 C. STORM SEWER Sub-Total= $294,771 EASTHAVEN Page 3 of 4 S PAC E C O, INC. FILE NAME:7195-LOC-estimate.xlsx 3/12/2014 Engineer's Opinion of Probable Construction Cost D. Earthwork Improvements 1. CUT TO FILL 22,600 C.Y. $3.00 $67,800 2. TOPSOIL CUT TO FILL 6,500 C.Y. $3.00 $19,500 3. TOPSOIL RESPREAD FROM STICKPILE 13,000 C.Y. $4.00 $52,000 D. Earthwork Improvements Sub-Total= $139,300 E. Paving Improvements E1 BITUMINOUS SURFACE COURSE 2"H.M.A. 9,300 S.Y. $7.00 $65,100 E2 BITUMINOUS BINDER COURSE 3"H.M.A. 9,300 S.Y. $9.00 $83,700 E3 AGGREGATE BASE COURSAE,TYPE B, 10" 9,300 S.Y. $11.00 $102,300 E4 GRIND&RESURFACE EXISTING PAVEMENT,2"H.M.A. 1,550 S.Y. $9.00 $13,950 E5 LIGHT STANDARD-SITE 8 EACH $4,000.00 $32,000 E6 LIGHT STANDARD PRAIRIE ROAD 4 EACH $6,000.00 $24,000 E6 REMOVE&REPLACE PAVEMENT 225 S.Y. $60.00 $13,500 E. Paving Improvements Sub-Total= $334,550 F. CONCRETE Improvements F1 CURB&GUTTER M-3.12 880 L.F. $13.00 $11,440 F2 CURB&GUTTER M-6.12 5,400 L.F, $13.00 $70,200 F3 P.C.C. SIDEWALK 29,800 S.F. $5.00 $149,000 F4 PCC BIKE PATH 6,400 S.F. $5.00 $32,000 F5 REMOVE&REPLACE CURB&GUTTER 100 L.F. $18.00 $1,800 F. CONCRETE Improvements Sub-Total= $264,440 G. MISCELLANEOUS G1 SILT FENCE 4,500 L.F. $2.00 $9,000 G2 STORM SEWER INLET BASKETS 32 EACH $150.00 $4,800 G3 TEMPORARY SEEDING(LOTS) 9.3 AC $750.00 $6,975 G4 EROSION CONTROL MAINTENANCE 1 L.S. $25,000.00 $25,000 G5 PARKWAY TREES 130 EACH $300.00 $39,000 G6 NATIVE SEED/BLANKET(DETENTION POND) 8,660 S.Y. $1.50 $12,990 G7 TURF GRASS SEED/BLANKET(COMMON AREA) 9,660 S.Y. $1.10 $10,626 G. MISCELLANEOUS Sub-Total= $108,391 SUBTOTAL = $1,457,062 EASTHAVEN Page 4 of 4 s .MA- - - R�o - - �s pow m � � � . . . . .� . . .� . . . . . . am m�< spa KeKKK J a o' - ° g F GWOa 3alltlad m,o M„90,SL005 (YII,B2'099 F6o Hz_ Ow= oow o" o o P Omo O m o w 3.azsaoos .Ic'�sc ' �' � ,00ree 3ana,ol 3on orPsl �o �o �a o _ 33VUH31soNV48or _ 3Otlaa3L o _ z Nvaaor --- LL nna nn,sl 1nn, m V� _ -- dd Nfi $ us o 9louno LV a — n nnao,nna o �f aoos i W auvAmnO8 - OatlA3lnO8 LHoIaM a� ^ LHolann e `mw r " 00 � o3a 3nna n onz ooze 3nna,o� ooss 3nna,ol m n --- ----------- Cl) E — ----e,E�---- - p __— a.o� e.E ,ao o — 3n'3� 003 W T� z o = o o a P o w �o mo m� m m of�m nna - n°ao oo= �o mM o n _ m se.� inn,s --- al 0 m _ st s3 nose inn,o� on3a inn, oo3a 3nna,ol oo3a 3nna,ol .00ss 3nna,nl 3nIa03LtlN3ntlFlL3tl3 �¢ oa�� oos -J e _--------- 39 � m..az.saoou p .ovsl� �..o3saooH 000s3 Sons s� ol—_ .1 of 0,oza 3ona. ___---- 0 I w o, 00 00l 3ona a 0 I m 0 m a of m a w o��i dfm N ana a 0N - a�aoo w m wa 3 saoos 3ona 3a nl ,00z on - -- - -------- -- onN o --s��ma me aoos ' w 4f 61 3g> -f a-sa 1iT- es mP, 0 ON N r- L,ono so s at P Osn=---- -- -a- s-- 0 o-a o Lolno a;E AP o� — oosl� ones � 4140� -- .a9o1 3nna<< 3x3.o.nu uv3 3x..o 3rn3�c3m 3„2£oLa06 d00N ss3ee3issxorv3�I Ev�z rvo��as�o n3�nvno u3mrv�nos g�m� '62 pa �Ri 0% A 3 -n AL 2E T5­0 "hO Cl) L E co n A Lij RF Cl) LU -R5� H-W N-0 PE 42- Approval of the Rules and Regulations of the Board of Fire 10-G and Police Commissioners .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The process of revising the Rules and Regulations of the Village of Buffalo Grove Board of Fire and Police Commissioners (BFPC)was undertaken by the members of the BFPC in recognition that a comprehensive review of the document had not been conducted for several years. It is important to note that incremental changes have been made to the document over the years and that applicable practices and procedures have been modified, as required,to assure that the Village and BFPC remained up-to-date and legally compliant. This most recent amendment of the document is intended to: A)ensure that the BFPC fully complies with all applicable federal, state and local law; B)clarify the policies,practices and procedures currently in place; and C) incorporate new policies,practices and procedures into the existing document. In additional to the members of the BFPC and Village staff, John Broihier, counsel to the BFPC and William Raysa, Village attorney, have reviewed the document on several occasions. Their recommendations on both current and proposed language have been incorporated into the attached document. The BFPC approved the amended Rules and Regulations at its April 1, 2014 Regular meeting. The BFPC and Village staff seek the Village Board to approve the proposed amendments to the Rules and Regulations of the Board of Fire and Police Commissioners. Attachments 2014 BFPC Rules Regulations 04 01 2014.pdf Trustee Liaison Staff Contact Trustee Trilling Arthur Malinowski, M.on.daY,...........April ...7......, 2014. . .. ..............................................................................................................................Consent ..Agenda: .....New ...Business ..._...Item ........1.0.G......................................... ay G N M r RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF BUFFALO GROVE STATE OF ILLINOIS Effective: April 1, 2014 Published: April 18, 2014 RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF BUFFALO GROVE STATE OF ILLINOIS Effective: April 1, 2014 Pursuant to the laws of the United States of America, the State of Illinois and the ordinances of the Village of Buffalo Grove and its Home Rule powers, the attached Rules and Regulations hereinafter set forth are published by the Board of Fire and Police Commissioners ("Board") for the guidance and governance of the Board, the officers of the Buffalo Grove Fire Department and Buffalo Grove Police Department who are under the Board's jurisdiction, and other interested parties. The Board may amend or revoke any of the attached rules or regulations and make additional rules and regulations as the Board deems necessary from time to time as permitted by law, and as the good of the service may require. No rules can be established which will embrace all cases arising in the general discharge of the duties of individuals governed by these rules and regulations. Some matters must be left to the Board's intelligence and reasoned decisions. In case of a conflict between the rules and regulations of the Board and the rules and regulations of the Fire and/or Police Department, the rules and regulations of the Board shall govern. Additionally, in the event that any provision of these rules and regulations and/or any application thereof are found by competent authority to conflict with any existing or subsequently enacted federal or state legislation or executive order or by virtue of any judicial action, the remaining provisions of these rules and regulations shall remain in full force and effect. In such event, the Board shall meet promptly to determine substitute provisions for any element rendered or declared unlawful, invalid or unenforceable, as these rules and regulations cannot supersede law. These rules and regulations, as adopted by the Board of Fire and Police Commissioners, replace in total any prior rules and regulations. BOARD OF FIRE AND POLICE COMMISSIONERS: Albert B. Viehman, Chairperson Jane L. Dibbern, Secretary Ernie Karge, Commissioner Brian Rubin, Commissioner Bruce Kahn, Commissioner 2 TABLE OF CONTENTS Chapter Page I. Administration ............................................................................................4 II. Applications for Original Appointment ....................................................7 III. Examinations for Original Appointments.................................................10 IV. Eligibility Registers — Original Appointments..........................................15 V. Police Officer Appointments .....................................................................17 VI. Firefighter/Paramedic Appointments........................................................19 VII. Promotional Examinations — Police Sergeant..........................................21 Vill. Promotional Examinations — Fire Lieutenant...........................................26 IX. Promotional Examinations — Police Lieutenant.......................................31 X. Hearing of Charges, Removals, Suspensions, and Discharges.............33 XI. General ...... ................................................................................................39 XII. Illinois Police Training Act.........................................................................40 XIII. Illinois Fire Protection Training Act..........................................................41 3 RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF BUFFALO GROVE STATE OF ILLINOIS CHAPTER I -ADMINISTRATION Section 1 - Source of Authority The Board of Fire and Police Commissioners of the Village of Buffalo Grove derives its power and authority from Chapter 65, Act 5, Article 10, Division 2.1, Board of Fire and Police Commissioners, of the Illinois Compiled Statutes (65 ILCS 5/10 —2.1 —1 et seq) and from Chapter 2.28 of the Buffalo Grove Municipal Code through home rule amendments by the President and Board of Trustees of the Village of Buffalo Grove. Section 2 - Definitions The following words and phrases, whenever used in these rules and regulations, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: a. "Board" whenever used shall mean the Board of Fire and Police Commissioners of the Village of Buffalo Grove. b. "Eligible" shall mean a person whose name is on a current Eligibility Register established by the Board and who may be certified under these rules for appointment to a position in the Fire or Police Department of the Village of Buffalo Grove. C. "Officer" shall mean any person holding a sworn office in the Fire or Police Department of the Village of Buffalo Grove unless otherwise exempted by Village ordinance. d. "Rules" shall mean these rules and regulations. The singular includes the plural, and the plural the singular. e. "Calendar days" as referenced as a measure in accounting of time are represented as days on the Gregorian calendar for the year and time of the event. f. "Business days" as referenced as a measure in accounting of time refer to days when the Village offices are open for normal and regular business, excluding Saturday, Sunday and holidays. g. The accepted meaning by this Board of the term "Fire Department" or "Police Department" includes the membership of either department who have gained such membership by appointment after examination as authorized under Act 5, Article 10, Division 2.1 of the Illinois Municipal Code, Chapter 65 of the Illinois Compiled Statutes. 4 Section 3 - Officers of Board and Their Duties The Board shall consist of five (5) members, and shall be considered officers of the Village. The Chairperson of the Board shall be appointed pursuant to the Buffalo Grove Municipal Code. A Vice Chairperson may be appointed pursuant to the Buffalo Grove Municipal Code. The Board shall annually, at its Regular Meeting in May, elect a Secretary to hold office for one year and until a successor is duly elected and qualified. The Chairperson shall be the presiding officer at all meetings. The Secretary shall keep the minutes of all meetings of the Board in an appropriate format and shall be the custodian of all the forms, papers, books, records and completed examinations of the Board. Section 4 - Meetings a. Regular meetings shall be held on the first Tuesday of each month at 7:00 p.m., at the Buffalo Grove Police Department, 46 Raupp Boulevard, Buffalo Grove, Illinois. b. Meetings of the Board shall be conducted in compliance with the Illinois Open Meetings Act, other applicable state statutes and the Buffalo Grove Municipal Code. c. The meeting date, time and location may be adjusted upon approval by the Board and with appropriate publication of same. d. Special meetings shall be open, notice thereof to be posted forty-eight (48) hours prior to convening, called by the filing of a notice in writing with the Secretary of the Board and signed either by the Chairperson or any three (3) members. This notice shall contain a brief statement of the business to be submitted for the consideration of the Board at such special meeting, shall set forth the time and place of such special meeting, and no other business shall be considered at such special meeting unless by unanimous consent of the Board. e. The Board shall also meet as needed to conduct examinations for promotion and appointment to the Fire and Police Departments. f. During any regular or special meeting, pursuant to the Illinois Open Meetings Act [5 ILCS 120/2.( c )], a closed session may be held upon a proper motion made by any single member of the Board. Closed sessions may be limited to Board members and such invited persons as the Board may deem necessary. The Secretary will record the motion to close the meeting, the section of the Open Meetings Act upon which the closed session is based, record the roll call vote of the members on said motion, and keep minutes of the closed session. An audio or video record of each closed session will be maintained by the Secretary of the Board in accordance with the provisions of the Open Meetings Act. g. The agenda for a regular meeting shall allow for an open forum to permit individuals to appear before and address their concerns to the members of the Board. The Board may limit those individuals appearing during the open forum to a presentation not to exceed three (3) minutes and may require an individual to be seated if the individual addresses those present in a disrespectful or discourteous manner, or the subject matter being presented is not relevant to the duties and responsibilities of the Board of Fire and Police Commissioners. 5 Section 5 - Quorum Three (3) members of the Board shall constitute a quorum for the conduct of all business. Section 6 - Order of Business The order of business at any meeting shall be according to the agenda as established by the Chairperson. Section 7— Rules of Order Where these rules are silent, the parliamentary procedure prescribed in Robert's Rules of Order (Newly Revised) shall be followed. Section 8— Conflicts of Interest During the conduct of the duties of the Board, any Commissioner whose personal interest may be of conflict with enactment of said function shall recuse himself/herself from the element of the activity for which personal conflict is created. Section 9 -Amendments The Board, from time to time, may recommend changes in these Rules by a majority vote of the Board. Amendments of the Rules of the Board will be submitted to and will be considered by the Village Board. The Board shall publish on the Village's website notice of amendments newly adopted by the Village Board. Amendments will go into effect ten (10) calendar days subsequent to their publication on the Village's website. All adopted amendments to these Rules shall be printed for distribution. Section 10 -Annual Report and Budget Request The Board shall submit an Annual Report of its activities to the President and Board of Trustees of the Village on or before the close of each Village fiscal year. A budget request for the ensuing year will be submitted to the Village Manager. 6 CHAPTER II - APPLICATIONS FOR ORIGINAL APPOINTMENT Section 1 - Residence of Applicants Applicants for appointment in the Fire and Police Departments must be citizens of the United States. Any residency requirement shall be prescribed by Village ordinance for appointment to the Fire or Police Department. Section 2 -Application Format Applications for a position shall be filed in a format designated by the Board, and applicants must comply with the requirements of said application in every respect. The applications must be filed with the Board prior to taking an examination. Section 3 - Filing Applications Completed applications for the Fire and Police Departments must be submitted to the Board during the orientation portion of the examination process. All applications shall be completed in full and signed by the applicant. Any applicant giving any false answers to questions in said application or making any misrepresentation of fact shall be rejected by the Board, with the applicant notified of such action. The Board shall remove any person certified to a position in the Fire or Police Department upon determining that the person made false statements or misrepresented material facts to the Board during the selection process. Every applicant must demonstrate acceptable character, temperate habits, sound health and must be physically able to perform the duties of the position applied for. The burden of establishing these facts rests upon the applicant. A non-refundable application fee, as authorized by the Board, may be required as part of the application filing process, payable to the Village of Buffalo Grove at the time of application submission. Section 4— Disqualifications The Board may refuse to examine an applicant or, after further consideration, refuse to certify an applicant as eligible: a. Who is found lacking in any of the established preliminary requirements for the service for which the applicant applies. b. Who is unable to perform the essential job functions or duties of the position to which the applicant seeks appointment, with or without reasonable accommodation. c. Who is addicted to the use or misuse of drugs or intoxicating beverages without demonstration of current sobriety, or is found to be currently using drugs and/or narcotics illegally. 7 d. Who has been convicted of a felony or any misdemeanor involving moral turpitude or abuse of a family member. e. Who has been dismissed from any public service for a good cause. f. Who has attempted to practice any deception or fraud in his/her application. g. Who may be found disqualified in personal qualifications or health. h. Whose character and employment references are unsatisfactory. i. Who does not possess a high school education or its equivalent. j. Who has applied for a position as a police officer and is or has been classified as a conscientious objector, or who has been discharged from the armed services reflecting a dishonorable character. k. Who has applied for a position as a firefighter/paramedic and is not currently licensed as an emergency medical technician — paramedic (EMT-P) by the State of Illinois. I. Who does not possess a valid driver's license, with ability to operate a motor vehicle in the State of Illinois. Any applicant or eligible deemed disqualified hereunder shall be notified by the Board. Section 5 - Incomplete Applications An incomplete or defective application shall be returned to the applicant for correction, provided the applicant is not otherwise disqualified for the position sought. Section 6—Age Requirements Applicants for original appointment shall be under 35 years of age, at the time of the last date for filing applications for positions, unless exempt from such age limitation as provided in Section 5/10-2.1-6 (b) - 0) of Chapter 65 of the Illinois Compiled Statutes. Applicants, at such time as they file their application with this Board, must be 21 years of age. Proof of birth date will be required before appointment. Section 7- Additional Requirements All applicants must be able to communicate fluently in English (including reading, speaking and comprehension). All applicants must possess a valid driver's license and must be legally eligible to operate a motor vehicle in the State of Illinois. 8 Section 8 - Release of Liability All applicants shall execute and deliver to the Board an authorization for the Board to conduct an investigation of the applicant's personal background, including financial, criminal, driving, educational, vocational and professional qualifications, as well as other tests deemed appropriate in the sole discretion of the Board As deemed appropriate, applicants shall execute and deliver to the Board a release of all liability as the result of a request to take a "Physical Ability Test" in favor of the Village of Buffalo Grove, on a form prescribed by the Board. Section 9— Certification of Eligibility Documents Applicants for the positions of Police Officer or Firefighter/Paramedic shall furnish to the Board a certified copy of their birth certificate and verification of high school diploma and, when applicable, certified copies of their military service record and discharge papers. In the case that educational preference points are available for credit, applicants shall furnish to the Board a certified copy of their accredited college or university transcript verifying any degree awarded, including interpretative verification and validation of the degree as required. In the case that specific experience or training preference points are available for credit, applicants shall furnish to the Board a certified copy of their qualifying certificate of training or documentation of experience. In the case that veteran preference is to applied, applicants shall furnish to the Board a certified copy of the appropriate military service discharge summary (typically a Form DID 214) specifying term of active service and status at discharge. 9 CHAPTER III - EXAMINATIONS FOR ORIGINAL APPOINTMENTS Section 1 - Vacancies The Board shall call examinations to fill vacancies in the class of service or to provide Eligibility Registers for the service in which vacancies are liable to occur. A call for such examination shall be entered in the minutes of the Board and shall include a statement of: a. The time and place where such examination will be held. b. The location where applications may be obtained and the date, when, and where applications must be returned to the Board. c. The position to be filled from the resulting eligibility list. Section 2 - Notice of Examination Examinations shall be called by the Board, held on the designated dates, and advertised in a local newspaper, on the Village website, or other electronic media means as selected by the Board and in accordance with the Statutes of the State of Illinois. Examinations may be postponed by order of the Board, which order shall state the reason for such postponement and shall designate a new date for said examination. All applicants shall be notified of the postponement of any examination and of the new date fixed for said examination. Section 3 - Type of Examinations Applicants must attend the orientation program sponsored by the Board. In addition, applicants will be required to participate in a physical ability test. The subject matter for written and oral examinations shall fairly test the capacity of the applicant to discharge the duties of the position to which the applicant seeks appointment. No examination shall contain questions regarding the applicant's political or religious opinions or affiliations, or other legally protected categories. These examinations comprise the required elements for eligibility register development. Section 4 — Examinations - Minimum Grades The following examinations may be conducted by the Board. The sequence of testing may vary at the discretion of the Board. Failure to achieve the minimum passing grade in any examination, as defined by the Board, shall disqualify an applicant from any further participation. Each weighted component of the examination process shall be based upon a scale of 1 to 100. The Board, at its discretion, may employ a testing vendor(s) to conduct any of the examinations administered pursuant to these Rules. 10 Examination % of Total Grade Minimum Passing Grade Orientation -- Attendance Mandatory Physical Ability Test Written Test 60% ** Oral Interview 40% ** Credit & Background Investigation -- Acceptable Polygraph Examination -- Acceptable CONDITIONAL OFFER OF EMPLOYMENT Psychological Examination -- Recommended Medical Examination -- Qualified **To be announced by the Board prior to conducting the examination and may vary based upon the examination or the testing agency used by the Board, or as required by applicable law. An applicant's final score on the Firefighter/Paramedic Eligibility Register and on the Police Officer Eligibility Register shall be the combination of the written and oral examinations scores, plus preference points as outlined by the Board, plus points for military preference, if any. Section 5 - Orientation Applicants for original appointment shall attend a scheduled orientation meeting. Failure to attend shall eliminate an applicant from further consideration. Section 6 - Physical Ability Test All applicants for original appointment shall submit themselves to a Physical Ability Test, to be conducted by such certified person(s) or independent agency as the Board may designate. Such examinations shall determine the physical suitability of the applicant to perform the essential functions of the Firefighter/Paramedic or Police Officer jobs. Failure to pass this test removes the applicant from participating in the remaining phases of the selection process. Such physical ability test shall include any testing criteria required by applicable law. In lieu of conducting a physical ability test in-house, the Board may require that Firefighter/Paramedic applicants provide proof of the successful completion of the Candidate Physical Ability Test (CPAT) and proof of passing a Ladder Climb Test, within six (6) months prior to the written examination. In lieu of conducting a physical ability test in-house, the Board may require that Police Officer applicants provide proof of successful completion of a designated physical ability test, as offered by an external resource, within six (6) months prior the written examination. ll Section 7 - Written Examination Information as to the type of Written Examination employed by the Board will be provided as part of the orientation program. All examination papers shall be and remain the property of the Board and the grading thereof by the Board shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. Candidates who fail to achieve a passing grade will be notified and eliminated from all further consideration. Notwithstanding anything to the contrary herein, the Board, at its discretion, may provide for the written examination to be conducted by an outside testing agency or testing vendor. Each applicant will complete and sign a registration sheet that shall show his or her examination number. Only the applicant's identification number shall be recorded on the examination answer sheet. No signature or marks of identification tending to disclose the identity of applicants shall be placed upon the examination papers. Papers of people violating this rule shall be marked, "REJECTED UPON ORDER OF THE BOARD". Section 8 - Oral Examination Each applicant who is declared eligible for an Oral Examination shall submit to said examination by the members of the Board of Fire and Police Commissioners. In no event shall less than a quorum of the Board conduct the oral examination. Questions shall be asked of the applicant that will enable the Commissioners to properly evaluate and grade the applicant on speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skill and general fitness for the position. On completion of each Oral Examination, the Commissioners will independently score the applicant's abilities using the traits listed above. The applicant's score shall be the average of the scores given by each Commissioner. Candidates who fail to achieve the designated passing grade on the Oral Examination will be notified and eliminated from all further consideration. Notwithstanding anything to the contrary herein, the Board, at its discretion, may provide for the oral examination to be conducted by an outside testing agency or testing vendor. Section 9— Professional Examinations Applicants for original appointment shall be required to submit to the professional examinations as identified in this section as part of the hiring process. All examinations will be conducted by a professional team and/or by licensed examiners or physicians approved by the Board. Such examinations shall be scheduled not more than ninety (90) calendar days prior to appointment. Results of all examinations are submitted to the Board for review and determination of qualification. The confidentiality of all reports and records will be maintained to the most stringent level possible. 12 a. Background Investigation Upon determining that an appointment is pending, the Board shall institute the background investigation, through representative police/fire department investigation teams, of the highest-ranking applicants remaining on the Final Eligibility Register. This investigation shall include, but not be limited to, examination of the eligible's academic records, investigation of any civil or criminal action involving the eligible, verification of the eligible's employment and personal history as described on his or her application, and investigation of any factors which might make the eligible unsuitable for service in the Fire or Police Department. Applicants shall furnish to the Board at this point a certified copy of their birth certificate and verification of high school diploma and, when applicable, certified copies of their military service record and discharge papers. In conducting this investigation, the Board or its designee shall inspect such records and interview such individuals as may be necessary. The eligible shall sign authorization for such investigation, on a form prescribed by the Board. b. Polygraph Test An eligible, on notification of a pending appointment, shall submit himself or herself for a polygraph examination by a licensed polygraph operator designated and compensated by the Board, at such time and place as the Board may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the Board. Based on the eligible's application, background investigation and polygraph examination, the Board shall make a determination whether to offer the eligible a conditional offer of employment. c. Psychological and Medical Examinations An eligible applicant, on receipt of a conditional offer of employment, shall submit himself or herself for a psychological examination by a licensed psychologist or psychiatrist, and a medical examination (which may include a test of the applicant's vision and hearing, a test for the presence of communicable diseases, as well as a test to screen for the use of drugs and/or narcotics) by a licensed physician, as the Board may designate. Each examining professional shall be designated and compensated by the Board and shall submit a written report of the results of the examination to the Board. If the psychological examination or medical examination reveals a condition that would prevent the eligible applicant from performing essential job functions or duties of the position for which he or she is being considered, with or without reasonable accommodation, the Board shall withdraw the conditional offer of employment. If no such condition exists, the Board shall extend a final offer of employment. 13 The reports of the examining physician and psychologist/psychiatrist are for the confidential use of the Board, and shall not be made available to any other individual or organization unless authorized by the Board. If an eligible is appointed, the psychological examination as presented shall be available for inspection by the Chief of the department during the appointee's probationary period, if so approved by the Board upon verified request. The eligible applicant shall sign a waiver allowing the Board to provide medical and psychological reports to the appropriate Chief of the department for review should a condition exist that required withdrawal of a Conditional Offer of Employment as previously identified in these rules. Failure to sign such a waiver shall eliminate the eligible's name from the Final Eligibility Register and from any further consideration. Section 10 - Refusal to Submit to Professional Examination If an eligible refuses to submit to a background investigation, medical, psychological or polygraph examination required by the Board, the applicant's refusal to submit to such examination shall be cause to eliminate the eligible's name from the Final Eligibility Register and from any further consideration for appointment. Section 11- - Fingerprint Check Each eligible must submit to fingerprinting, as part of the background investigation, by the Police Department, and be subsequently cleared by a check with the Federal Bureau of Investigation prior to certification for appointment. Section 12— Violations a. A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of these Rules and Regulations, commits a violation of the Rules and Regulations and may be subject to immediate disqualification from the examination process. b. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the appointment examination process. 14 CHAPTER IV— ELIGIBILITY REGISTERS - ORIGINAL APPOINTMENTS Section 1 — Initial Eligibility Register The Board will prepare an "Initial Eligibility Register" of the applicants who successfully complete the orientation, physical ability test, and written test elements as specified. Candidates shall be placed on the Initial Eligibility Register in order of their relative excellence as determined by their passing written test score. The Board shall select a number of candidates (the number to be determined at the discretion of the Board and announced at orientation) from the top of the Initial Eligibility Register who shall be required to submit to an oral interview to be conducted by the Board, and, if successful, whose names will be included on the "Preliminary Eligibility Register". Applicant names remaining on the Initial Eligibility Register will expire after a two (2) year period if not called for further examination. Section 2— Preliminary Eligibility Register The Board will prepare a "Preliminary Eligibility Register" of the applicants who successfully complete the oral examination with a passing score. All scored examinations shall be based upon a scale of 1 to 100. The names of applicants shall be listed in rank order highest first. Rank order shall be based upon the applicant's total cumulative score, which shall be calculated as follows: 1) Written test score multiplied by 60%; and 2) Oral interview score multiplied by 40%. This Preliminary Eligibility Register is subject to change with the addition of any claimed preference points as prescribed by the Board. Section 3 -- Preference Points Applicants successfully passing all preliminary examinations and finding themselves on the Preliminary Eligibility Register may submit proof of eligibility for preference points as designated by the Board for the testing cycle. The Board may choose to award preference points for educational achievement and specified certifications. Preference point values and qualification as determined by the Board will be announced at orientation, and granted in accordance with Chapter 65 of the Illinois Compiled Statutes, as amended from time to time. Proof of qualification for points must reach the Board or its designee no later than ten (10) calendar days following publication of the Preliminary Eligible Register. Failure to timely make a claim for preference points shall constitute a waiver thereof. Applicants for original appointment may elect to use Veteran preference points during the selection process. Veteran preference points shall be awarded at a point value determined by the Board and announced at orientation, and granted in accordance with Chapter 65 of the Illinois Compiled Statutes, as amended from time to time. 15 No person entitled to preference under this section shall be required to claim such preference before any examination is held under the provisions of Chapter III of these Rules. Such preferences shall be given after the posting of the Preliminary Eligible Register at the written request of such person, with furnished written evidence qualifying such person for preference as approved by the Board. For Police Officer candidates, preference points are not cumulative by statute. For Firefighter/Paramedic candidates, no less than ten (10) and no more than thirty (30) preference points will be available for award, with points being cumulative by statute from designated preference categories. Section 4 -- Final Eligibility Register a. The Board will prepare, post, and maintain a Final Eligibility Register of applicants for appointment for Police Officer or Firefighter/Paramedic. The names of applicants from the Preliminary Eligibility Register shall be placed upon the Final Eligibility Register in rank order, highest first, duly adjusted with preference points and veteran points awarded and added to the Preliminary Eligibility Register score for each applicant. b. In the event of a tie score, the placement of the applicants' names on the Final Eligibility Register shall be determined by lot, in the presence of a quorum of the Board in whatever manner the Board deems appropriate. Veterans receive higher ranking when like scores exist. c. The Final Eligibility Register shall remain in force for two (2) years from the date of posting. The official date of posting shall be the date the Board approves the Final Eligibility Register but no later than 60 calendar days after the completion of the testing process. No applicant shall be appointed from an expired Final Eligibility Register. Testing cycles shall be coordinated in order to anticipate the expiration of Final Eligibility Registers. There shall be no integration of Final Eligibility Registers. d. It is incumbent upon applicants whose names are placed on an eligibility register to notify the Board in writing of any change of personal status. e. In the event a Final Eligibility Register is exhausted prior to the expiration of the Initial Eligibility Register, the Board may establish another Final Eligibility Register in accordance with the process established in these Rules. f. Appointment from the Final Eligibility Register is subject to satisfactorily passing or completing an in-depth background investigation, a polygraph test, a psychological examination, and a thorough medical examination as outlined in Chapter III. A conditional offer of employment shall be made prior to an applicant submitting to the in-depth psychological examination and the medical exam. 16 Section 5 - Waiver of Appointment An eligible may decline appointment one time without loss of place on the Final Eligibility Register. Failure to accept appointment a second time shall eliminate the eligible's name from the Final Eligibility Register and any further consideration. 17 CHAPTER V— POLICE OFFICER APPOINTMENT Section 1 — Selection At such time as a vacancy for Police Officer is pending and the position is authorized for hire, the Board will authorize selection from the Final Eligibility Register in rank order of the next available eligible on the list. All vacancies in the Police Department shall be filled by eligibles from the Final Eligibility Register in the order in which their names appear on the register, and as such establishes seniority. Notwithstanding anything to the contrary contained within these Rules, the Board may, at its discretion, choose to appoint an applicant for a police officer position who has been awarded a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act, ahead of non-certified applicants, when the Board determines it is necessary in the interest of public safety. The selected eligible will then begin the professional examination process as defined in Section 9 of Chapter III of these Rules. Section 2— Physical Ability Verification All applicants that are appointed will be required to successfully complete the Police Officer Wellness Evaluation Report (POWER) test prior to attendance at the Police Academy, or should academy attendance not be required may be requested to retake the physical ability component prior to appointment, if longer than one year on the Final Eligibility Register. Section 3—Appointment Upon successful completion of the examination process, an applicant offered regular employment as a Police Officer will be scheduled for a swearing in ceremony. Section 4 - Oath of Office Before entering upon his or her duty, an eligible for the Police Department shall take an oath of office. The Board may make a temporary appointment of an eligible whose employment as a member of the Police Department under this section is pending. An eligible who receives such a temporary appointment must take an oath of office and be permanently appointed within no more than sixty (60) calendar days of the date of temporary appointment. An eligible who receives a temporary appointment to the Police Department shall not have power to arrest, nor shall the appointed officer be permitted to carry firearms, until he or she has taken an oath of office. 18 Section 5 - Certificate of Appointment Upon appointment as a Police Officer, the Board shall issue a certificate of appointment in such form as may be adopted by the Board, which shall be signed by the Chairman of the Board and attested to by the Secretary. Section 6— Probationary Appointment a. All original appointees to the Police Department shall be on probation for a period of eighteen (18) months. The probationary period of newly appointed police officers will commence when the new appointee reports for work with the department. The probationary period will be completed with approval of the Board upon written recommendation of the Chief of the department. b. Should a newly appointed Police Officer have successfully completed training in accordance with the Illinois Law Enforcement Training and Standards Board as an Illinois State Certified Law Enforcement Officer prior to employment with the Village, the Board may, on written recommendation from the Chief of Police, reduce the probationary period. c. During the probationary period, an original appointee may be dismissed without a hearing before the Board if the Chief of the department presents recommended reasons to the Board in writing showing how the officer has failed to demonstrate the ability and qualifications necessary to furnish satisfactory service, and the Board agrees to approve the recommendation and offers written notice of such action to the Chief of the department. Probationary officers may be summarily dismissed by the Board and are not entitled to the protection afforded to other full-time officers by statute or these Rules. d. In the event that a probationary Police Officer is absent and/or on leave for any reason for a period of four (4) weeks or more during the first fifteen (15) months of probation, the Board may, upon written request of the Chief of the department, extend the employee's probationary period. If the Board approves an extension, such extension shall be for a period exactly equal to the duration of the employee's absence and/or leave. Section 7— Certification Final certification of probationary Police Officers shall be subject to successful completion of the Minimum Standards Basic Law Enforcement Training Course, as mandated by the Illinois Law Enforcement Training and Standards Board, as well as successfully completing all requirements of the department's field training program within the prescribed probationary period. Inability to successfully complete the probationary requirements shall be grounds for dismissal. 19 CHAPTER VI — FIREFIGHTER/ PARAMEDIC APPOINTMENT Section 1 — Selection At such time as a vacancy for Firefighter/Paramedic is pending and the position is authorized for hire, the Board will authorize selection from the Final Eligibility Register in rank order of the next available eligible on the list. All vacancies in the Fire Department shall be filled by eligibles from the Final Eligibility Register in the order in which their names appear on the register, and as such establishes seniority. Applicants for Firefighter/Paramedic shall be appointed from the Final Eligibility Register in descending order. Notwithstanding anything to the contrary contained within these Rules, the Board may, at its discretion, bypass a higher ranking candidate and appoint a lower ranking candidate if, in the Board's opinion, the lower ranking applicant is more qualified for the position and that applicant's name appears within the top 5% of the names remaining on the list or, if there is less than 100 names remaining on the list, the applicant's name is within the top 5 names remaining on the list. The selected eligible will then begin the professional examination process as defined in Section 9 of Chapter III of these Rules. Section 2— Physical Ability Verification If an applicant on the Final Eligibility Register has not been appointed to a Firefighter/Paramedic position within one year after the date of his or her physical ability examination, the candidate must retake the physical ability component prior to his or her appointment, demonstrating his or her ability to perform the requirements as defined by law. Section 3—Appointment Upon successful completion of the examination process, an applicant offered regular employment as a Firefighter/Paramedic will be scheduled for a swearing in ceremony. Section 4 - Oath of Office Before entering upon his or her duty, an eligible for the Fire Department shall take an oath of office. The Board may make a temporary appointment of an eligible whose employment as a member of the Fire Department under this section is pending. An eligible who receives such a temporary appointment must take an oath of office and be permanently appointed within no more than sixty (60) calendar days of the date of temporary appointment. 20 Section 5 - Certificate of Appointment Upon appointment as a Firefighter/Paramedic, the Board shall issue a certificate of appointment in such form as may be adopted by the Board, which shall be signed by the Chairman of the Board and attested to by the Secretary. Section 6— Probationary Appointment a. All original appointees to the Fire Department shall be on probation for a period of twelve (12) months. The probationary period of newly appointed firefighters will commence when the new appointee reports for work with the department. The probationary period will be completed with approval of the Board upon written recommendation of the Chief of the department. b. Should a newly appointed Firefighter/Paramedic have successfully completed training in accordance with the Office of the Illinois State Fire Marshall's Division of Personnel, Standards and Education as a Basic Operations Firefighter prior to employment with the Village, the Board may, on written recommendation from the Fire Chief, reduce the probationary period. c. During the probationary period, an original appointee may be dismissed without a hearing before the Board if the Chief of the department presents recommended reasons to the Board in writing showing how the officer has failed to demonstrate the ability and qualifications necessary to furnish satisfactory service, and the Board agrees to approve the recommendation and offers written notice of such action to the Chief of the department. Probationary officers may be summarily dismissed by the Board and are not entitled to the protection afforded to other full-time officers by statute or these Rules. d. In the event that a probationary Firefighter/Paramedic is absent and/or on leave for any reason for a period of four (4) weeks or more during the first nine (9) months of probation, the Board may, upon written request of the Chief of the department, extend the employee's probationary period. If the Board approves an extension, such extension shall be for a period exactly equal to the duration of the employee's absence and/or leave. Section 7— Certification Final certification of probationary Firefighter/Paramedics shall be subject to successful certification as a Basic Operations Firefighter as designated by the Office of the Illinois State Fire Marshall's Division of Personnel, Standards and Education, as well as successfully completing all requirements of the department field training program within the prescribed probationary period. Inability to successfully complete the probationary requirements shall be grounds for dismissal. 21 CHAPTER VII - PROMOTIONAL EXAMINATIONS - POLICE SERGEANT Section 1 — General The Board shall provide for promotion in the Police Department on the basis of ascertained merit, seniority in service, and examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. Candidates for promotion to Police Sergeant must have served a minimum of three (3) full years of service as a Buffalo Grove Police Officer in order to test for promotion to the next higher rank. No person shall be examined for promotion unless the individual meets service, education, certification/licenses and any other prerequisites as may, from time to time, be established by the Board, or in conformance with Illinois Compiled Statutes, as amended from time to time, and collective bargaining agreements in place. The Board will offer a one (1) year notification announcing the Police Sergeant promotional testing cycle with all components and dates, based on the expiration date of the current promotional eligibility register. Section 2—Application The Board shall develop for each testing cycle an application process, which will define a schedule of dates for the completion of each element of the examination program. As part of this application process, materials to be utilized as resource for the written examination will be outlined. Each police officer desiring to participate in the promotional process for Police Sergeant shall fulfill the elements as prescribed in the published application process materials. Section 3— Examinations a. The Board shall provide for promotion in the Police Department on the basis of performance on a Written Examination and Subjective Evaluation (oral interview, assessment, and command potential rating), as well as Ascertained Merit and Seniority in service. All examinations for promotion in the Police Department shall be competitive among such eligible members of the next lower rank as desire to submit application for promotion. The promotional process for Police Sergeant will be conducted in accordance with the provisions as specified within any collective bargaining agreement that may be in place at the time of the testing process. b. The subject matter for examination components shall be such as will fairly test the capacity of the promotional applicant to discharge the duties of the position to which application is made. c. Examinations will be conducted under the supervision of the Board to preserve the integrity of the examination process and to ensure that all requirements of the promotional process are job-related and non-discriminatory. The Board, at its 22 discretion, may utilize outside vendors to conduct any element of the examination process, in compliance with agreements in place and these Rules. d. As governed by collective bargaining agreements in place at the time of the promotional process, the inclusion or exclusion of outside monitors may be defined. e. All police officers who submit themselves to examination as Police Sergeant will be graded according to the following schedule: Orientation 0% Oral Interview 20% Assessment Center 25% Command Potential Rating (CPR) 25% [designed to judge the candidate's potential for the next higher rank] Written Examination 20% Seniority 5.0% [1/2% per year for a maximum of ten (10) years, based on the due date of the application as the first component of the process.] Ascertained Merit 5.0% [A.A.S. or A.S. = 2.5%, B.S. or B.A. = 5.0% - maximum combined score may not exceed 5.0%] Maximum Grade 100% The order of testing components of the promotional process shall be the Orientation, Seniority, Ascertained Merit, Oral Interview, Assessment Center, Command Potential Rating (CPR), and the Written Examination. Elements and scoring of the elements may be subject to collective bargaining agreements in place at the time of the promotional process. f. Should the Board contract an independent testing agency to administer the Assessment Center for the Police Department promotional process, assessors from said agency must decline participation in the process if within the last seven (7) years there exists a meaningful personal or meaningful employment relationship with a candidate testing for promotion. Mutual Aid, training or any other special deployment assignments are not considered to be employment relationships. Police Department staff or employees will not be part of the Assessment Exam scoring process and will only function in support roles as necessary. The Assessment Exam will be conducted according to statutes in place at the time of said exam. g. For the Written Examination, Oral Interview and Assessment Center, each police officer applicant for promotion must be present at the designated testing site at the time designated for the examination to be held. Any candidate who is not so present will be disqualified from further consideration, unless so authorized by the Board. 23 h. The Board will purchase written examination materials for the promotional process from a certified testing agency. Test questions will be formulated based on the bibliographical reading list designated for the promotional process being conducted. Administration of the written examination will be controlled according to the standards established by the independent testing agency. Administration of the written examination may be contracted for delivery by the independent testing agency, or administered in compliance with standardization policy by members of the Board. Scoring may also be contracted through the independent agency, or completed by the Board, utilizing scoring procedures as established by the testing agency for test development. i. Candidates participating in the examination process will be advised of the scores for individual components of the process within fifteen (15) calendar days of scoring completion of that process, where feasible. Postings will be provided indicating scores by numerical identification assigned to each participating candidate. j. In the event no candidate from the immediate next lower rank qualifies for promotion, the Board in determining next in order of rank in promotional examinations herewith determines a policy of extending the examination successively through all the orders of rank in the services in an endeavor to qualify suitable eligible or eligibles for the vacancy or vacancies existing before extending the examination to the general public. Section 4 — Eligible Promotional Register The Board will prepare, post and maintain an Eligible Promotional Register of the police officers successfully passing all examinations for promotional appointment. Candidates shall take rank upon the Eligible Promotional Register in the order of their relative excellence as determined by examination by combining examination component scores and any applicable credit points approved. Ranked order on the Eligible Promotional Register shall determine seniority when more than one promotion occurs on the same date. For the position of Police Sergeant, the Eligible Promotional Register will remain in force for three (3) years from the date of posting, or until the list is exhausted. All promotions shall be made from the three (3) eligibles having the highest ranking. Military credit shall be applied as prescribed by Illinois Statute. The maximum total veteran's preference points that can be awarded to a promotional candidate is 3.5 points. All claims for points will be based on the Rules and Regulations of the Board of Fire and Police Commissioners. Military credit shall be claimed within ten (10) calendar days after the posting of a Preliminary Promotional Register. Failure to claim such veteran credit within the timeframe outlined will constitute a waiver of credit availability during the applicable testing cycle. Veteran credit approved will be added to the candidate's examination total score prior to the posting of the Eligible Promotional Register. 24 Veteran credit may not be claimed if such credit was previously applied in conjunction with a previous promotion in rank. Section 5—Appointment and Oath of Office Upon notice from the appropriate Village authority that a promotional vacancy exits, the Board shall select the individual to be promoted in the manner specified in this Chapter VII. A member of the Police Department who is promoted under these Rules and Regulations shall take office at a date selected by the Board, and shall take an oath of office on that date. The Board shall issue a certificate of appointment in such form as may be adopted by the Board, which shall be signed by the Chairperson of the Board and attested by the Secretary of the Board. The Board may make a temporary appointment of a member of the Police Department whose promotion under this Chapter is pending. A member of the Police Department who receives such a temporary appointment must take an oath of office and be promoted within no more than sixty (60) calendar days of the date of temporary appointment. Section 6 -- Promotional Performance A member of the Police Department who is promoted under these Rules and Regulations shall be on probation for a period of twelve (12) months. The probationary period will commence with the swearing of the oath of office. Time served on probation, whether continuous or not, shall be credited upon the period of probation. The probationary period will be completed with approval of the Board upon written recommendation of the Chief of the department. During the probationary period, the officer may be returned to his previous rank without a hearing before the Board if the Chief of the department determines that the officer has failed to demonstrate the ability and qualifications necessary to furnish satisfactory service at the higher rank. The Chief shall notify the Board in writing of such action. In the event that a promotional probationary employee is absent and/or on leave for any reason for a period of four (4) weeks or more during the first nine (9) months of probation, the Board may, upon request of the Chief of the Department, extend the employee's probationary period. If the Board approves an extension, such extension shall be for a period exactly equal to the duration of the employee's absence and /or leave. Section 7- Right of Review a. A member of the Police Department shall have the right to request a review of an adverse decision concerning his or her eligibility for or appointment to a promotional vacancy. Requests for review must be filed in writing with the Board according to the following timetable: 25 1) Requests for review of ranking on or omission from an Eligible Promotional Register must be made within seventy-two (72) hours of the posting of the Eligible Promotional Register. 2) Requests for review of an examination result must be made within seventy-two (72) hours of the posting of the examination result. 3) Requests for review concerning the selection of an individual from an Eligible Promotional Register must be made within seventy-two (72) hours of announcement of the selection. b. Upon receipt of a request for review, the Board shall review the decision in question. The review shall encompass any elements of the selection process which the Board considers relevant, including any information submitted by the officer requesting review contesting the accuracy and/or validity of the data used in the selection process. c. After completing the review, the Board shall notify the officer requesting review and the Chief of the Department in writing of its findings. If the Board finds that the selection process was flawed, it may at Board discretion order such reapplication, retesting or re-evaluation as may be necessary to correct the element at issue. Section 8 - Voluntary Relinquishment of Rank a. Any member of the Police Department who has been promoted under the provisions of this Chapter VII shall have the right at any time to relinquish that rank and return to his or her previously held Board appointed position. The member must notify the Board in writing of his or her desire to relinquish his or her promotional rank. Said relinquishment shall become effective upon the Board's receipt of said written notice, which will be carried to the Board by the Chief of the Department. b. A member who relinquishes a promotional rank shall remain eligible to participate in subsequent promotional examinations for that rank. Time spent in the promotional rank shall be credited to the member's seniority at the lower rank to which he or she returns. Section 9— Violations a. A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of these Rules and Regulations, commits a violation of these Rules and Regulations and may be subject to charges for official misconduct. b. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the promotion examination or demoted from the rank to which he or she was promoted, as applicable, and otherwise subjected to disciplinary actions. 26 CHAPTER VIII - PROMOTIONAL EXAMINATIONS - FIRE LIEUTENANT Section 1 — General The Board shall administer and provide for promotion in the Fire Department on the basis of ascertained merit, seniority in service, and examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. The Board will provide for administration of the fire promotional process in accordance with the Fire Department Promotion Act (50 ILCS 742/1 et seq.) and any collective bargaining agreement in place at the time of the defined promotional cycle. Candidates for promotion to Fire Lieutenant must have served a minimum of three (3) full years of service as a Buffalo Grove Firefighter/Paramedic in order to test for promotion to the next higher rank. An applicant for Fire Lieutenant must be certified as an Advanced Technician Firefighter as designated by the Office of the Illinois State Fire Marshal's Division of Personnel, Standards and Education. In addition, an applicant for Fire Lieutenant must have satisfactorily completed all academic coursework and required examinations for certification as a Fire Officer I by the Office of the Illinois State Fire Marshal's Division of Personnel, Standards and Education. No person shall be examined for promotion unless the individual meets service, education, certification/licenses and any other prerequisites as may, from time to time, be established by the Board, or in conformance with Illinois Compiled Statutes, as amended from time to time, and collective bargaining agreements in place. The Board will offer a one (1) year notification announcing the Fire Lieutenant promotional testing cycle with all components and dates, based on the expiration date of the current promotional eligibility list. Section 2—Application The Board shall develop for each testing cycle an application process, which will define a schedule of dates for the completion of each element of the examination program. As part of this application process, materials to be utilized as resource for the written examination will be outlined. Each firefighter/paramedic desiring to participate in the promotional process for Fire Lieutenant shall fulfill the elements as prescribed in the published application process materials. Section 3— Examinations a. The Board shall provide for promotion in the Fire Department on the basis of performance on a Written Examination and Subjective Evaluation (oral interview, tactical, and performance potential rating), as well as Ascertained Merit and Seniority in service. All examinations for promotion in the Fire Department shall be competitive among such eligible members of the next lower rank as desire to submit application for promotion. The promotional process for Fire Lieutenant will be conducted in accordance with the provisions as specified within any 27 collective bargaining agreement that may be in place at the time of the testing process. b. The subject matter for examination components shall be such as will fairly test the capacity of the promotional applicant to discharge the duties of the position to which application is made. c. Examinations will be conducted under the supervision of the Board to preserve the integrity of the examination process and to ensure that all requirements of the promotional process are job-related and non-discriminatory. The Board, at its discretion, may utilize outside vendors to conduct any element of the examination process, in compliance with agreements in place and these Rules. d. As governed by collective bargaining agreements in place at the time of the promotional process, the inclusion or exclusion of outside monitors may be defined. e. All firefighter/paramedics who submit themselves to examination as Fire Lieutenant will be graded according to the following schedule: Orientation 0% Oral Interview 15% Tactical Assessment 25.5% Performance Potential Rating (PPR) 25.5% [designed to judge the candidate's potential for the next higher rank] Written Examination 25.5% Seniority 5.0% [1/4% per year for a maximum of twenty (20) years, based on the date of the orientation as the first component of the testing] Ascertained Merit 3.5% [A.A.S. or A.S. = 2.0%, B.S. or B.A. = 3.5% - maximum combined score may not exceed 3.5%] Maximum Grade 100% The order of testing components of the promotional process shall be the Orientation, Seniority, Ascertained Merit, Oral Interview, Tactical Assessment, Performance Potential Rating (PPR), and the Written Examination. Elements and scoring of the elements may be subject to collective bargaining agreements in place at the time of the promotional process. f. Should the Board contract an independent testing agency to administer the Tactical Assessment for the Fire Department promotional process, assessors from said agency must decline participation in the process if within the last seven (7) years there exists a meaningful personal or meaningful employment relationship with a candidate testing for promotion. Mutual Aid, training or any other special deployment assignments are not considered to be employment relationships. Fire Department staff or employees will not be part of the Tactical 28 Assessment Exam scoring process and will only function in support roles as necessary. The Tactical Assessment Exam will be conducted according to statutes in place at the time of said exam. g. For the Written Examination, Oral Interview and Tactical Assessment, each firefighter/paramedic applicant for promotion must be present at the designated testing site at the time designated for the examination to be held. Any candidate who is not so present will receive a zero (0) for that section as a score, unless so authorized by the Board. h. The Board will purchase written examination materials for the promotional process from a certified testing agency. Test questions will be formulated based on the bibliographical reading list designated for the promotional process being conducted. Administration of the written examination will be controlled according to the standards established by the independent testing agency. Administration of the written examination may be contracted for delivery by the independent testing agency, or administered in compliance with standardization policy by members of the Board. Scoring may also be contracted through the independent agency, or completed by the Board, utilizing scoring procedures as established by the testing agency for test development. i. Candidates participating in the examination process will be advised of the scores for individual components of the process within fifteen (15) calendar days of scoring completion of that process, where feasible. Postings will be provided indicating scores by numerical identification assigned to each participating candidate. j. In the event no candidate from the immediate next lower rank qualifies for promotion, the Board in determining next in order of rank in promotional examinations herewith determines a policy of extending the examination successively through all the orders of rank in the services in an endeavor to qualify suitable eligible or eligibles for the vacancy or vacancies existing before extending the examination to the general public. Section 4 — Eligible Promotional Register The Board will prepare, post and maintain an Eligible Promotional Register of the firefighter/paramedics successfully passing all examinations for promotional appointment. Candidates shall take rank upon the Eligible Promotional Register in the order of their relative excellence as determined by examination by combining examination component scores and any applicable credit points approved. Ranked order on the Eligible Promotional Register shall determine seniority when more than one promotion occurs on the same date. For the position of Fire Lieutenant, the Eligible Promotional Register will remain in force for three (3) years from the date of posting, or until the list is exhausted. All promotions shall be made from the three (3) eligibles having the highest ranking. 29 Military credit shall be applied as prescribed by Illinois Statute. The maximum total veteran's preference points that can be awarded to a promotional candidate is 3.5 points. All claims for points will be based on the Rules and Regulations of the Board of Fire and Police Commissioners. Military credit shall be claimed within ten (10) calendar days after the posting of a Preliminary Promotional Register. Failure to claim such veteran credit within the timeframe outlined will constitute a waiver of credit availability during the applicable testing cycle. Veteran credit approved will be added to the candidate's examination total score prior to the posting of the Eligible Promotional Register. Section 5—Appointment and Oath of Office Upon notice from the appropriate Village authority that a promotional vacancy exits, the Board shall select the individual to be promoted in the manner specified in this Chapter VIII. A member of the Fire Department who is promoted under these Rules and Regulations shall take office at a date selected by the Board, and shall take an oath of office on that date. The Board shall issue a certificate of appointment in such form as may be adopted by the Board, which shall be signed by the Chairperson of the Board and attested by the Secretary of the Board. The Board may make a temporary appointment of a member of the Fire Department whose promotion under this Chapter is pending. A member of the Fire Department who receives such a temporary appointment must take an oath of office and be promoted within no more than sixty (60) calendar days of the date of temporary appointment. Section 6 -- Promotional Performance The Board of Fire and Police Commissioners Division of Chapter 65 of the Illinois Compiled Statutes (65 ILCS 5/10-2.1-1 et seq.) stipulates that promotional appointments are not to be on a probationary basis. The Fire Department chooses to adopt this program, asserting that the ability to perform the duties assigned once promotion has been granted is a function of the management of the department. Agreements in place with a local labor unit may define the process of demotion should performance not merit continued rank, and/or department management and personnel procedures and policies in place may also define levels of performance required to sustain rank. In all cases, performance assessment and action will reside with the Fire Department. Section 7- Right of Review a. Any affected person who believes that an error has been made with respect to eligibility to take an examination, examination result, placement or position on the promotion list, or veteran's preference shall be entitled to a review of the matter by the Board of Fire and Police Commissioners. Requests for review must be filed in writing with the Board according to the following timetable: 1) Requests for review of ranking on or omission from an Eligible Promotional Register must be made within seventy-two (72) hours of the posting of the Eligible Promotional Register. 30 2) Requests for review of an examination result must be made within seventy-two (72) hours of the posting of the examination result. 3) Requests for review concerning the selection of an individual from an Eligible Promotional Register must be made within seventy-two (72) hours of announcement of the selection. b. Upon receipt of a request for review, the Board shall review the decision in question. The review shall encompass any elements of the selection process that the Board considers relevant, including any information submitted by the officer requesting review contesting the accuracy and/or validity of the data used in the selection process. c. After completing the review, the Board shall notify the officer requesting review and the Chief of the Department in writing of its findings. If the Board finds that the selection process was flawed, it may at Board discretion order such reapplication, retesting or re-evaluation as may be necessary to correct the element at issue. Section 8 - Voluntary Relinquishment of Rank a. Any member of the Fire Department who has been promoted under the provisions of this Chapter VIII shall have the right at any time to relinquish that rank and return to his or her previously held Board appointed position. The member must notify the Board in writing of his or her desire to relinquish his or her promotional rank. Said relinquishment shall become effective upon the Board's receipt of said written notice, which will be carried to the Board by the Chief of the Department. b. A member who relinquishes a promotional rank shall remain eligible to participate in subsequent promotional examinations for that rank. Time spent in the promotional rank shall be credited to the member's seniority at the lower rank to which he or she returns. Section 9— Violations a. A person who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of these Rules and Regulations, commits a violation of these Rules and Regulations and may be subject to charges for official misconduct. b. A person who is the knowing recipient of test information in advance of the examination shall be disqualified from the promotion examination or demoted from the rank to which he or she was promoted, as applicable, and otherwise subjected to disciplinary actions. 31 CHAPTER IX — PROMOTIONAL EXAMINATIONS — POLICE LIEUTENANT Section 1 — General The Board shall provide for promotion in the Police Department on the basis of ascertained merit, seniority of service, and examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. Candidates for promotion to Police Lieutenant must have served a minimum of three (3) full years of service at the rank of Police Sergeant in order to test for promotion to this next higher rank. The method of examination for promotion to Police Lieutenant will be the same as indicated for Police Sergeant (Chapter VII) except that the testing process will test knowledge and ability related to the requirement of a Buffalo Grove Police Lieutenant. All other requirements of Chapter VII will apply, or as otherwise indicated in this Chapter IX. Section 2— Examinations a. The Board shall provide for promotion to the Police Lieutenant position on the basis of performance on a Written Examination and Subjective Evaluation (oral interview and command potential rating), as well as Ascertained Merit and Seniority of service. All examinations for promotion in the Police Department shall be competitive among such eligible members of the next lower rank as desire to submit application for promotion. The promotional process for Police Lieutenant will be conducted in accordance with the provisions as specified within any collective bargaining agreement that may be in place at the time of the testing process. b. All candidates who submit themselves to examination as Police Lieutenant will be graded according to the following schedule: Orientation 0% Oral Interview 30% Command Performance Rating (CPR) 30% Written Examination 30% Seniority 5% [1/2% per year for a maximum of ten (10) years at the rank of Police Sergeant, based on the due date of the application as the first component of the process] Ascertained Merit 5% [B.A or B.S. = 3.0%; Master's = 5.0% - maximum combined score may not exceed 5.0%] Maximum Grade 100% The order of testing for each component of the promotional process shall be the Orientation, Seniority, Ascertained Merit, Oral Interview, Command Performance 32 Rating (CPR), and the Written Examination. Elements and scoring of the elements may be subject to collective bargaining agreements in place at the time of the promotional process. c. Military verteran preference points, if applicable, will be added to the final grade per Illinois Compiled Statute (65 ILCS 5/10-2.1-1 et seq.), upon written request of the candidate. Veteran points may not have been previously utilized to earn promotion to any rank. d. The Board may choose at its discretion to include the Chief of the Department in the Oral Interview process, in which case his or her summary score would be combined with all other raters in computation of the average score that represents the examination score for each candidate, based on a 0 to 100 scale. e. The Board may contract an independent testing agency to administer any or all elements of the examination program, at its discretion. Section 3— Eligible Promotional Register For the position of Police Lieutenant, the Eligible Promotional Register for the initial promotional examination cycle will remain in force for two (2) years from the date of posting, or until the list is exhausted. Thereafter, the Eligible Promotional Register will remain in force for three (3) years from the date of posting. All promotions shall be made from the three (3) eligibles having the highest ranking. Ranked order on the Eligible Promotional Register shall determine seniority when more than one promotion occurs on the same date. 33 CHAPTER X - HEARING OF CHARGES, REMOVALS, SUSPENSIONS, AND DISCHARGES Section 1 - Hearing of Charges Hearings before the Board are not common law proceedings. The provisions of the "Illinois Code of Civil Procedure" do not apply to hearings before the Board. "Counsel" as used herein means one who has been admitted to the Illinois Bar as an attorney at law in this State. No rehearing, reconsideration, modification, vacation, or alteration of a decision of the Board shall be allowed. "Cause" as it relates to the removal, discharge or suspension of any officer of either the Buffalo Grove Police Department or Fire Department shall be construed to mean the just and non-arbitrary Board determination that there exists some circumstance which detrimentally affects and concerns the ability and fitness of the officer to perform the duty imposed upon him or her and such circumstance is one in which both the law and sound public policy recognizes as sufficient to warrant the removal, discharge or suspension of such officer. "Complainant" as used herein means any person who files a complaint with the Board, alleging that an officer behaved in a manner that was contrary to law, to the rules and regulations of the Department or the Board, or to the good of the service. In the case of an officer's appeal of his suspension by the Chief of the Department, the Chief shall be considered the complainant. The complainant or appellant initiating any proceedings that call for a hearing before the Board shall have the burden of proof to establish by a preponderance of the evidence that cause exists or that suspension, previously imposed by the Chief of a department, is unwarranted. Should the question of a crime be involved, the rule of "reasonable doubt" shall not control. The phrase "preponderance of the evidence" is defined as the greater weight of the evidence, that is to say, it rests with that evidence which, when fairly considered produces the stronger impression, and has a greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto. Probationary employees may be summarily dismissed by the Board and are not entitled to the protection afforded to other full-time officers or firefighters by Illinois Compiled Statutes or these Rules. All hearings shall be public, in accordance with the Open Meetings Act. At the time and place of a hearing both parties may be represented by counsel, if they so desire. 34 All proceedings before the Board during the conduct of the hearing shall be recorded by a court reporter to be employed by the Board. The records of all hearings will not be transcribed by the court reporter unless requested so by the Board or by an interested party. An interested party shall be construed to mean any party having a legitimate stake in the outcome of the proceeding. All witnesses shall be sworn in by the Chairperson of the Board prior to testifying. The matter will be decided by the Board based upon all the evidence presented at the hearings. The complainant shall present his or her case-in-chief, including all the evidence, whether by documentation or testimony, which substantiates the charges brought against the respondent or in support of an appeal brought by a suspended fire fighter or police officer. Upon the conclusion of complainant's case-in-chief, the respondent shall present his case-in-chief to the Board, including all the evidence, whether by documentation or testimony, which rebuts the complainant's allegations. Both parties shall have the right to cross-examine witnesses presented by the opposite party. Matters of discipline for firefighters and/or police officers shall be handled in accordance with the applicable provisions of the Buffalo Grove Personnel Rules; the Rules and Regulations of the Board of Fire and Police Commissioners of the Village of Buffalo Grove; the Village of Buffalo Grove Municipal Code; and applicable collective bargaining agreements. Section 2 - Hearing Procedure Complaints: In all cases, written complaints shall be filed in quintuple, setting forth a plain and concise statement of the facts upon which the complaint is based. Probable Cause: The Board shall have the right to determine whether there is or is not probable cause for hearing a complaint and may conduct such informal hearings as may be necessary for such purpose. Notification of Hearing: Upon the filing of a complaint in quintuple with the Secretary of the Board, and the determination by the Board of probable cause for entertaining said complaint, the Secretary of the Board shall notify both the complainant and the respondent, either by registered or certified mail, return receipt requested, or personally, of the time and place of the hearing of the charges contained in the Complaint.. The respondent shall also be served with a copy of the Complaint, and if an Order of Suspension Pending a Hearing is entered by the Board, the respondent, the complainant, the Chief of the Department, the Village Manager and the finance officer of Village shall be notified of the entry of such Order of Suspension Pending a Hearing, and be served either personally or by registered or certified mail, return receipt requested, with a copy of such Order. Continuance: A hearing may be continued from time to time upon motion of any party to the proceeding by order of the Board. Absent a stipulation between the parties, granting or refusing to grant a continuance of a hearing is within the sole discretion of 35 the Board. No hearing shall be continued at the request of any party to a proceeding or their attorneys, unless such request is made either orally to the Chairman of the Board or received in writing at the Board's offices at least three (3) business days before the scheduled hearing date. Stipulation: Parties may, on their own behalf, or by Counsel, stipulate and agree in writing, or on the record, as to evidenced guilt. The facts so stipulated shall be considered as evidence in the proceeding. In the event a respondent has been suspended pending a hearing and desires a continuance, it shall be stipulated and agreed that in the event said respondent is to be retained in his position as a result of a decision of the Board following a hearing of the cause, then no compensation shall be paid to said respondent during the period of said continuance. Sufficiency of Charges-Objections To: Motions or objections to the sufficiency of written charges must be filed or made prior to or at the hearing before the Board. Section 3 - Subpoenas Any party to an administrative hearing may, at any time before the hearing, make application to the Board by filing with it a written request for subpoenas for any individual to appear for a hearing or have them produce books, papers, records, accounts and other documents as may be deemed by the Board to be relevant to the hearing. On the filing of such application, subpoenas will be issued for the named persons. Subpoenas may be served by any person 21 years of age or older designated by the party requesting the subpoenas. Application for subpoenas should contain the names and addresses of the individuals to be subpoenaed, and the identity of any documents that they are to produce. Subpoenas will not be issued for anyone residing outside the State of Illinois. Any request for a continuance by reason of inability to serve subpoenas shall be filed in the office of the Board at least three (3) business days before the date set for such hearing, provided, however, that the Board in its discretion may waive this rule. Section 4 - Service Unless otherwise provided, all documents required by these Rules and Regulations to be served shall be delivered personally to the party designated or mailed by United States mail in an envelope properly addressed, with postage prepaid, to the designated party at his or her last known residence as reflected by the complaint filed with the Board. Proof of service of any document may be made by the certification of any person so mailing the paper or delivering the same to the designated party personally, or by filing return receipt showing that a paper was mailed by either registered or certified mail, return receipt requested, to the party's address where it was received by the named party. 36 Section 5 - Filing All documents may be filed with the Board by mailing them or delivering them personally to the Secretary of the Board at the Village of Buffalo Grove, Illinois. For purpose of these Rules and Regulations, the filing date of any document shall be the date it is received by the Secretary of the Board or his designee, in the event the document is delivered personally or by messenger. In the event a document is forwarded by mail, then the filing date shall be the date that is postmarked on the envelope containing such document. Section 6 - Forms of Paper All papers filed in any proceeding shall be typewritten or printed and shall be on one side of the paper only. If typewritten, the lines shall be double spaced, except that long quotations may be single spaced and indented, in a 12-point font type. All papers shall not be larger than 8.5 inches wide by 11 inches long and shall have inside margins of not less than one (1) inch. The original of all papers filed shall be signed in ink by the party filing the paper or by an officer, agent, or attorney thereof and copies thereof provided the opposing party or his counsel.. If papers are filed by an attorney, the attorney's name, address and ARDC# shall appear thereon. Section 7- Computation of Time The time within which any act under these Rules is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the State and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or Sunday, then such succeeding day shall also be excluded. Section 8 - Suspension The Board may suspend with or without pay any officer of the Fire or Police Department against whom charges have been preferred, pending the hearing of such charges by the Board, but not to exceed one hundred eighty (180) calendar days. The Chief of the Fire or Police Department may suspend without pay an officer or firefighter of his department for a period of not more than five (5) calendar days, but he must notify the Board in writing within 24 hours of the time of such suspension. Any officer or firefighter so suspended may appeal to the Board for a review of the suspension within five (5) calendar days after notice of such suspension has been provided in writing to the officer, by filing notice of such appeal in writing with the Secretary of the Board. Upon such appeal, a hearing shall be had, and due notice 37 given to the Chief of the Department who suspended such police officer or firefighter, and to the employee so suspended. Upon such appeal, the Board may sustain the action of the Chief of the Department, may reverse it with instructions that the employee receive his or her pay for the period involved, may reduce the period of suspension, or may suspend the officer for an additional period of not more than thirty (30) calendar days, or discharge him or her, depending upon the facts presented. The burden of establishing that a suspension is unwarranted shall be upon the individual bringing the appeal. Section 9— Discharge or Suspension after the Hearing Discharge from office, or suspension from service in the Police or Fire Department shall be in compliance with Division 2.1, Board of Fire and Police Commissioners of Chapter 65 of the Illinois Compiled Statutes (65 ILCS 5/10-2.1-1, et seq.), as may be amended from time to time. Section 10— Date of Hearing The time for the hearing of charges shall be set by the Board, within thirty (30) calendar days of the time of the filing of such charges. Continuances may be granted from time to time upon motion of any party to the proceeding by order of the Board. This time limitation is not applicable to hearings conducted to review suspensions of five (5) calendar days or less imposed by a Chief of a Department on one of its members. Section 11 - Findings and Decision In case any member of the Fire or Police Department shall be found guilty of the charges filed against him or her after a hearing by the Board, he or she may be removed, discharged, demoted or suspended for a period not to exceed thirty (30) calendar days, without pay. Upon an appeal, the Board may sustain the action of the Chief, may reverse it, in whole or in part, or may suspend the employee for an additional period of not more than thirty (30) calendar days, demote or discharge him or her depending on the facts presented. The finding and decision of the Board following a hearing of charges shall be preserved by the Secretary of the Board, and notice of said finding and decision shall be sent to the respondent, the complainant and the Chief of the Department for enforcement. If the finding or decision is that an employee is guilty of charges investigated, and removal, demotion or discharge is ordered, such order of removal, demotion or discharge shall become effective forthwith. Section 12 - Violation of Rules and Regulations All officers of the Fire and Police Departments shall be subject to the Rules and Regulations of such department, the rules and regulations of the Village as adopted by ordinance, and the Rules and Regulations of the Board, as adopted by ordinance. For the purposes of this section, the term "Rules and Regulations" shall include the published Rules and Regulations of the Service Departments and the Board, as well as 38 departmental policies, procedures, written directives and orders. A violation of such Rules and Regulations shall be cause for the filing of charges before the Board, a subsequent hearing, and action by the Board on such charges. Section 13 - Violation of Law Any violation of any municipal, state, or federal law, by any officer of the Fire or Police Department shall be cause for the filing of charges against said officer. 39 CHAPTER XI - GENERAL Section 1 - Other Powers and Duties The Board of Fire and Police Commissioners shall have such other powers and duties as are given it by the Illinois Compiled Statutes, or by Village ordinance. Section 2 - Records Performance appraisals of officers of the Fire and Police Departments shall be available to the Board for reference in promotional examinations or disciplinary hearings. All written commendations and disciplinary reports shall be reported to the Board of Fire and Police Commissioners and shall be available to the Board for reference in promotional examinations or disciplinary hearings. Section 3— Leave of Absence Leaves of Absence shall be granted by reason of military service or duty-related disability as specified in Illinois Compiled Statutes, Chapter 65, Section 5/10-2.1-23. If a Leave of Absence is granted by the Board during a probationary period, such probationary period shall be tolled until the probationary employee returns from his or her leave of absence. Section 4 — Political Contributions No person in the Police or Fire Departments of the Village of Buffalo Grove, Illinois, shall be under any obligation to contribute any funds to render any political service, and no such person shall do so or be removed or otherwise prejudiced for refusing to do so. No person in the Fire or Police Departments of the Village of Buffalo Grove, Illinois, shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in such service, or promise or threaten so to do, for withholding or refusing to make any contribution of money or service or any other valuable thing for any political purpose, or an any other manner, directly or indirectly, use his or her official authority or influence to compel or induce any other person to pay or render any political assessment, subscription contribution or service. 40 CHAPTER XII - ILLINOIS POLICE TRAINING ACT Section 1 —Approved Training Courses By reason of the fact that the Village of Buffalo Grove, Illinois, has adopted the provisions of the Illinois Police Training Act (50 ILCS 705/1 et seq.), all probationary police officers appointed by this Board, who are not certified upon employment, shall take and complete an approved training course within six (6) months of the date of their initial employment, and shall be certified by the Illinois Law Enforcement Training and Standards Board as having successfully completed said course. Section 2—Approved Schools Said certification course shall be taken in an approved school designated by the Chief of the Police Department on such dates as designated. 41 CHAPTER XIII - ILLINOIS FIRE PROTECTION TRAINING ACT Section 1 —Adoption The Village of Buffalo Grove, Illinois, has elected to participate in the programs provided for in the Illinois Fire Protection Training Act (50 ILCS 740/1 et seq.) and has adopted the provisions of said Act. Section 2— Paramedic Certification To be considered for hire as a Firefighter/Paramedic, an individual must be certified as an EMT-P (Paramedic) by the Illinois Department of Public Health by the time a conditional offer of employment is made. A candidate must submit evidence of his EMT-P (Paramedic) certification at the time a conditional offer of employment is made. Section 3— Basic Operations Firefighter Certification All firefighters appointed by this Board who have not earned or demonstrated a certified rating as a Basic Operations Firefighter shall complete an approved training course within their probationary period, and shall be certified by the Office of the Illinois State Fire Marshal's Division of Personnel, Standards, and Education as having successfully completed said course. Section 4—Approved Schools Said certification course shall be taken in an approved school designated by the Fire Chief of the Department on such dates as designated. 42 Authorization to Purchase Supplemental IT Services 10-H .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends authorization to engage the professional services of Version2 LLC for the purposes of suplementing IT services for advanced technical support. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $15,000 100.25.510.10 Overview Staff seeks to engage the professional services of information technology consultants Version2 LLC to provide supplemental specialty assistance with computer technology. This assistance will focus on advanced server support and network infrastructure support. Version2 LLC has been providing back office support to the village for the past seven years. The proposed agreement will carry support services through the transition to the North Shore Information Technology Consortium. While the cost for the block of time outlined in the attached agreement is for $15,000 staff have previously authorized invoices in the amount of$14,637 and as such the total cost will exceed the $20,000 expenditure limit. Next Steps Agreement will be executed following review by Village attorney. Attachments Block Time Agreement-VBG.pdf Trustee Liaison Staff Contact Trustee Terson Robert B Giddens, M.on.daY,...........April ...7......, 2014. . .. ..............................................................................................................................Consent ..Agenda: .....New ...Business ..._...Item ........1.0.H.......................................... v e r s 1 o ri 2 Village of Buffalo Grove Block Time Agreement March 24, 2014 Prepared by: Version2, LLC Jeff Johansen Senior Engineer I Partner 14007 S. Bell Rd.—Suite 222 Homer Glen, IL 60491 Phone:6,30 352 3080 ,ieff@version2llc.com www.version2llc.com Confidential Information,Property of Vetslon2l LLCI Customer Use Only Date of Publication: March 241 2014 Page 1 of 6 ° 2 tmrma o g vvor�� TABLE orCONTENTS 1. CONTACT INFORMATION.....................................................................................................................] 2. AGREEMENT OVERVIEW ......................................................................................................................4 3. BLOCK TIME AGREEMENT PRICING.......................................................................................................4 4. TERMS AND ASSUMPTIONS..................................................................................................................4 5. CUSTOMER ACCEPTANCE.....................................................................................................................G OmfidemtlalInfnmatlonl Property ufNerslon2l LLCI Customer Use Only Date ofPubllcatlon: March241 2014 Page 2 of 6 wosn��zno r s 1 o i" g VERSION2 CONTACT INFORMATION Craig Weber Senior Engineer I Partner 14007 S. Bell Rd#222 Homer Glen, IL 60491 630-352-3081 cram@version2llc.com CLIENT CONTACT INFORMATION Rob Giddens Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 (847)489-1011 rgiddens@vbg.grg Confidential Information,Property of Verslon2, LLC, Customer Use Only Date of Publication: March 241 2014 Page 3 of 6 v le r s 1 o i" m m mem um iu uuui uuui IuVum uumli IuIVu iiilm uum uu uum'iu uu a miio mom SUMMARY Version2 offers a block time agreement for clients that wish to pay in advance for our technology consulting services. Our block time agreement can be used for all consulting services performed by Version2. One of the primary benefits of purchasing block time is the discount in hourly rates that we offer: Consultants $ 125.00 per hour (discounted from$ 140.00 per hour) Engineers $ 140.00 per hour (discounted from$ 155.00 per hour) Block time agreements are to be paid 100%in advance. AGREEMENT TERM The term of this agreement is for 1 contract year,from April 1,2014 thru April 1,2015. Hours that are not used within the contract year of purchase will expire. I�� u m m m 1111111 uu uuu uuu mull a ulVum luiili mam uuum udlVm uuui uuui iui'iiiiii i�m lu II uIIVm a Ium m Based on your previous use of our consulting services,we are recommending the following block time plan: Block time $15,000.00 li A uuu Iililill I fiu u m uii li uuu uluai'iiiii uuu i�uu ium uamuuu uuu uuu u u i'i u u Vuuu a uim The following terms govern the engagement between the addressee of this engagement letter(Client)and Virtoo Services, LLC.,dba Versio2, LLC. (Version2). Service&Support Please feel free to contact us directly at 855-879-8222 or email us at support@version2llc.com for immediate support.You will be working with our staff of Microsoft Certified Professionals and System Engineers support your network and IT systems. Expenses Any expenses purchase for or on behalf of the client bill be billed back to the client at actual amounts.Travel time is charged at%hour for onsite visits of less than seven hours. Billing&Payment Onsite time is billed at 30-minute increments. Remote phone support is billed at 15-minute increments. Any time billed will be deducted from the prepaid block time balance. Additional hours in excess of the prepaid block of hours will be billed at standard non-discounted hourly rate unless the client pays for an additional block of hours. Invoices for actual time incurred are presented each month on or around the 1st. Any additional services outside the scope of this engagement will be billed separately. All invoices are due with payment to be made upon presentation.A late fee can be charged at one(1.00%)per month on invoice balances outstanding over 30 days.Work can be halted when invoices remain outstanding for over 60 days(see Standard Engagement Terms for further details.) Confidential Information,Property of Version2, LLC, Customer Use Only Date of Publication: March 241 2014 Page 4 of 6 r s 1 o i" .�.i I o ro, logui:r� , �uou' �. Client Confidentiality The Parties to this Agreement agree that information obtained in the performance of this Agreement is private and confidential. The Parties to this Agreement further agree that all Client information and data stored on Version 2, LLC-Consulting's network and/or consulting services is private and confidential. Therefore,the Parties to this Agreement agree that all Confidential Information as defined in this section communicated to it by the other is done so in confidence and will be used only for purposes of this Agreement and will not be used to compete with the other party or disclosed to any third party without the prior written consent of the other party except as permitted in this Agreement. Confidential Information means all information in any form, including, but not limited to,printed or verbal communications and information stored in printed,optical,or electromagnetic format,which relates to the consulting services;or computer,data processing or electronic commerce programs and software; electronic data processing applications, routines,subroutines,techniques or systems; information which incorporates or is based upon proprietary information of either Party; or information concerning business or financial affairs, product pricing,financial conditions or strategies, marketing,technical systems of either Party;or any information concerning customers or vendors of either Party;or any data exchange between a Party and any customers or vendors. Exceptions to Confidential Information include(i) information in the public domain; (ii) information developed independently by a Party without reference to information disclosed under this Agreement; or(iii) information received from a third party without restriction and/or breach of this or a similar agreement. It is not a violation of this provision to disclose Confidential Information in compliance with any legal,accounting or regulatory requirement beyond the control of either Party or,but is such case, prior to disclosure,the disclosing Party shall give written notice to the other Party to permit that Party an opportunity to challenge such disclosure. If either Party is subpoenaed,such Party shall give written notice to the other Party to permit that Party an opportunity to challenge the disclosure of Confidential Information. Upon termination of this Agreement and upon written request of the disclosing Party,each Party shall promptly return all Confidential Information to the other Party. This provision shall survive the termination of this Agreement for two(2)years. Employee Non-Solicitation Agreement During the term of an employee's employment with Version 2 and for a period of one hundred eighty(180)days after the termination of employment for any reason, Client will not,directly or indirectly,engage,offer,or solicit services as an employee or contractor,or make financial arrangements with,or join in business with any employee of Version2. Client acknowledges that compliance with the terms of this Agreement are necessary to protect Version2's business and that a breach of these terms will cause Version2 irreparable and continual harm. Additionally, Client agrees that compliance with the terms of this Agreement will not prevent them from earning a living. Accordingly, Client agrees that if they breach or threaten to breach the Agreement,Version2 will be entitled to injunctive relief, including a temporary restraining order,and any money damages that might be ascertainable. Nothing in the Agreement shall prevent Version2 from pursuing any other available remedy. Client Responsibilities The client is responsible for compliance with all software or hardware license agreements, regulatory and legal requirements. Version2 does not assume responsibility for data maintained on any and all systems upon which work is to be performed. It is the responsibility of the client to ensure that a complete and recent backup of all data exists. In no event will Version2 be held liable for any data loss whatsoever, including,without limitation, damages for loss of business,business interruption, loss of business information, lost savings,or other incidental or consequential damage arising out of or in connection with this agreement. Confidential Information,Property of Version2, LLC, Customer Use Only Date of Publication: March 241 2014 Page 5 of 6 r s 1 o i" Client Representations Client agrees to and does hereby indemnify,save and hold harmless Version2, its officers,and directors, employees,agents, partners,successors and assigns from and against any and all claims, liabilities, injuries, damages, lawsuits,costs or expenses(including attorney's fees),of whatever kind and nature,arising out of or in connection with any false representation by Client or its officers,directors,employees or agents. pay Employer an amount equal to the most recent annual cash compensation of Employee, including salary, commissions,overtime pay,and bonuses,as rehiring and retraining fee. Binding Arbitration In the event that a dispute arises at any time between Version2 and you that cannot be resolved through discussion,you agree to submit to binding arbitration under the commercial arbitration rules of the American Arbitration Association. Neither you nor Version2 may claim or receive any amount as punitive,exemplary,or consequential damages.The arbitrator shall award the winning party in the dispute its reasonable costs,expenses, and attorney fees.The decision of the arbitrator shall be binding on both Version2 and you. However, if a claim has been made or is anticipated to be made by a third party relating to these services and that third party does not agree to arbitration,Version2 can elect not to arbitrate so that all claims may be decided in one forum. Termination of Engagement Unless otherwise stated in the accompanying engagement letter,this engagement may be terminated upon thirty (30)days written notice by either party; provided, however,that these Standard Engagement Terms shall survive the termination of this engagement. Any hours remaining after termination of the agreement will be issued at 50%of purchase price after 90 days from the contract purchase date. Equipment Purchasing Policy Version2 offers our clients consulting services for the selection,configuration and price quoting of hardware and software solutions to meet their business needs. Version2 does not resell hardware or software solutions,and as such we DO charge for research,configuration and quoting services. For more complex hardware and/or software quotes,we will provide an estimate of time required for research and quoting prior to proceeding. Workpaper Ownership All documents and workpapers,including, but not limited to,data in electronic form,which emanate from the services performed by Version2 remain the sole property of Version2.Version2 retains its workpapers at its discretion and does not retain superseded material ! m m 111111111 uuu a llm a In a uu uiiiii ullll m u u i u uu "' The Client has read and agrees to all above items. Village of Buffalo Grove Version2, LLC. Name: Name: Title: Title: Date: Date: Signature: Signature: Confidential Information,Property of Version2, LLC, Customer Use Only Date of Publication: March 241 2014 Page 6 of 6 Award of Bid: to Nilco, Inc. for Tree Planting Phase I, 2014 13-A .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends award of a bid in an amount not to exceed$54,219 for tree planting services associated with the EAB response plan. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $54,219 EAB Line of Credit Overview Attached is the bid tabulation for the 2014 Parkway Tree Planting Program Phase I. The Village solicited bids for tree replacements for the Fall of 2013. Unfortunately,the contractor did not complete a significant portion of the tree replacement contract. The Village worked with nurseries to retain the trees that staff had marked for installation last fall and has contracted with the those same nurseries directly for the purchase of trees. Staff sought bids for the transportation and planting of those trees, the bid results for that procurement process is attached. Two of the low bidders failed to submit their signed public contract statements. These statements are required both by the State of Illinois and the Village of Buffalo Grove affirming that the bidder is not barred from bidding due to a violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended, also required is certification relative to 65 ILCS 5/11-42.1.1 stating that the bidder is not delinquent in the payment of any tax administered by the Illinois Department of Revenue, and finally Village of Buffalo Grove Municipal Code requires a verification relative to conflict of interest and compliance with general ethics requirements of the Village. As the required documents were either not submitted or not completed,the Village cannot accept those two bids. The lowest responsive and responsible bidder is Nilco, Inc. Village staff checked references provided by the bidder and all comments received were positive. Staff recommends an award of Bid to Nilco Inc, to plant 682 trees at a price not to exceed $54,219.00. This price equates to approximately $80.00 per tree to be installed. Staff does not recommend accepting the proposed option to water the trees, as the rate proposed by Nilco was amongst the highest proposed and this is not a service we have historically used. If weather conditions during the spring planting become overly dry, staff will revisit the need to hire a contractor to water the newly planted trees. Staff originally planned to split this bid based upon the nurseries where the trees are located and award the bid to two separate contractors. The pricing for the planting of the second portion of the bid for 152 trees from two other nurseries is not advantageous based upon the bids received. Further,the cost to plant the 152 trees appears to be less than $20,000. Accordingly, staff does not recommend awarding that portion of the bid at this time and will likely seek to negotiate with vendors to arrive at a better price for the second planting of 152 trees. Staff originally planned to split this bid based upon the nurseries where the trees are located and award the bid to two separate contractors. The pricing for the planting of the second portion of the bid for 152 trees from two other nurseries is not advantageous based upon the bids received. Further,the cost to plant the 152 trees appears to be less than $20,000. Accordingly, staff does not recommend awarding that portion of the bid at this time and will likely seek to negotiate with vendors to arrive at a better price for the second planting of 152 trees. Next Steps Execution of planting contract upon review and approval by the Village Attorney. Attachments Tree Planting Phase I Bid March 11,2014.pdf Trustee Liaison Staff Contact Trustee Stein Brett Robinson, ....M.o�n.d�a...........A.......pri.1...7......2.0.1..4..............................................................................................................................N�e�w...B.u�s.�.n�eS�s...._...Ite.m....�....�.�3._�................................................................................................................................... Y, 1� cci z z cl� O o z z z I 7g� cll "I rn z az' z z it W CO 't cci 't N z z co o co 'Ea 0i O O z65 z z in is O t3 Nm 2N 61 2N -5 0 co m co u) u) Award of Bid: to Carmichael Construction Inc., for Village 13-B Hall Finance Department Renovations .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends award of a bid in an amount not to exceed$60,655 for Village Hall renovations. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $60,655 150.75.560.30 Overview This project will increase the useable office space in the Finance Department and allow for the consolidation of Finance and Building and Zoning retail operations. The redesign of the office is the first step in moving towards a centralized call center using a 311 model. Staff has set a date of June 3, 2014 for completion of this project. After a careful review of all of the submitted bid documents and provided references, staff recommends awarding the bid for the Village Hall Finance Department Renovations to Carmichael Construction Inc., the lowest responsive and responsible bidder, at a price not to exceed $60,655. Next Steps Award of bid upon review and approval by the Village Attorney. Attachments Finance Remodel Bid Tab as recommended.pdf Trustee Liaison Staff Contact Trustee Trilling Brett Robinson,Finance&GS ....M.on.da...........A.......pri.1...7......2.0.1..4..............................................................................................................................NeW...B.us.'.Hess...._...Ite.m........1.3._B................................................................................................................................... Y, o o 2�: Z z & o o 2 4 2: z O z & 15 > po E mCn v .11< o 1. o u �R.rl 0 u Authorization to Purchase a 2014 Vactor V-Series Ramjet Sewer Jet Cleaner Mounted On a 2014 International 13-C Chassis .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends authorization to purchase a 2014 Vactor V-Series Remjet Sewer Jet in an amount not to exceed $243,120. ..................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Budget Impact Fund/Account Budget Notes $243,120 100.70.40.245.05 Scheduled replacement Overview The requested purchase replaces unit 423,a 1990 Ford LS 8000 equipped with a model 800 Sewer Equipment of America sewer cleaning jet. This chassis has been in service since May of 1990 with 47,974 accurate miles showing on the odometer and 10,560 hours on the chassis. The truck chassis has become increasingly difficult to maintain due to its age. Spare parts are difficult to source and expensive to purchase. The jet flusher currently installed is the second unit mounted on the original chassis,this unit was installed in 2001 and has 5,000 hours of service. Usage is harsh with pressures exceeding 2,000 psi to clean and remove blockages from the sewer infrastructure. The replacement as proposed will be a National Joint Powers Alliance (NJPA)joint purchase contract (031710-FSC) awarded to Federal Signal Corporation, and will be sold and warranted by Standard Equipment Company. The purchase includes a 2014 International chassis equipped with a 2014 Vactor V- Series Ramjet sewer cleaner. This contract includes all necessary equipment to make the unit fully functional at the time of its delivery, with provision for on site operator/maintenance personnel training. The contract price of$243,120.00 will be fully funded from the Reserve for Capital Replacement and will have no burden on the 2014 Sanitary Sewer operations budget. This price includes the NJPA discount and a trade in provision for the current unit. Trading in the old unit is the best option as the market for this type of specialized equipment is very narrow. Staff seeks authorization to purchase the 2014 Vactor V-Series Ramjet Sewer Cleaner Mounted on a 2014 International Chassis through the NJPA in accordance with the Illinois Governmental Joint Purchasing Act(30 ILCS 525/0.01 et seq.) Next Steps Award of bid upon review and approval by the Village Attorney. Attachments Standard Quote.pdf Vactor RFP_Appendix.pdf(Appendix) Trustee Liaison Staff Contact Trustee Stein Robert M Whalen, ....M.on.da...........A.......pri.1...7......2.0.1..4..............................................................................................................................NeW...B.us.'.Hess...._...Ite.m........1.3._C................................................................................................................................... Y, 2033 WEST WALNUT STREET~CH|CAGO, |L60612~312/829-191S'FAX 312/829-6142 E-MAIL yamo@*anuadouipmet.cnm^|wTsRwsT:hop:0www.mam/amoquipmemt.nom cvmmw Mr. Bob Whalen March }8, 2Vl4 Buffalo Grove Public Works 5lRouppBlvd Buffalo Grove, Illinois 60V8g Dear Bob, Standard Equipment is pleased to quote you on the following 2014 Vactor V-Series Ramjet with the equipment listed below, The pricing below io based upon the NJPAcontract. 2014 Vactor V-Series Ramjet Sewer Cleaner Unit $112,932.00 Included in above price: 24^ Man Way 2.5" x25' Fill Hose 2^ Gate Valve Drain 304Sbain|ess Steel Tank w/BafUes Non-Skid Material on Top 8OO' Cmpacity Fixed Hose Reel Rear Mounted 4OO' x1^ Piranha Sewer Hose Auto Rewind for Sewer Hose 1^ x 10' Leader Hose KAonue| Hose Wind Guide Two Nozzles— 15 Deg Penetnmtor/3O Deg Sanitary Flexible Hose Guide 1" Nozzle Pipe Hydrant Wrench Handgun with 35' x }G" Hose and Connector Tachometer with Hour Meter Water Pressure Gauge Low Water Warning Light Shrouded Enclosure or Unehrouded Tool Trays Left and Right Side 36x 10x 18A|uminunn. Tool Box, Curbside Amcaaa Ladder to Top of Tank NEW1A4 Lighting System Mud Flaps Rear Bumper Vactor Hydraulic Driven Water Pump 3" Y-8toaineratWater Pump Hydraulic C)i| Sight Gouge Electric Back-up Alarm Rodder Pump Drain Valves Circuit Breakers in Lieu of Fuses 1+1 Jetter Manual— Partial Manual and CD Version Module—Dupont(Wet Vn Wet) 3^ Drain Valve at Water Pump Additional enhancements to above price: 1500 Gallon Water Tank 80GPK8/200OPS| VactorVVmb*r Pump $112.932,00 Dual Fill Water System $691.00 � Continuous Fill System at Water Tank Inlet $1,643.00 Air Purge System $1,199,00 3" Y Strainer at Water Fill $403.00 Shroud Heater Package for Valctor Pump $8,20�0.00 12 GPM Cold Weather Recirculation System $2,041.00 800�' x 11" Piranha Sewer Hose/2500 PSI $1,640.00 Hydraulic Shut Off Valves $875.00 Rear LED Arrow Stick $1,905.00 FS DOT 3—6 Light System $2,679.00 Accu-count Digital Hose Counter $2,973.00 Jetter Manual- Printed $150,00 36x1 8x18, Rear Street Side Tool Box $895-00 36x1 8x1 8 Rear Curbside Tool Box $895.00 36x18x18 Mid-ship Street Side Tool Box $895.00 Pintle Hitch $1,125.00 Roll Up Side Door on Shroud $2,39,7,00 Rear Door Stripe- Reflective Tape $664,00 Rear Camera $1,590.00 Additional 50' water fill hose $350.00 Training $1,200,00 Dealer Prep $855.00 Freight $830.00 Mark V Water Level Gauge $1,347.00 180 Degree Telescoping/Rotating hose reel $28,995.00 Total NJPA Purchase Price: $179,369.00 Less NJPA Discount: -$7,881.00 Total NJPA Purchase Price with Discount: $171,488.00 2014 International Chassis $ 72,882.00 Total Purchase Price with Chassis after Discount: $244,370.00 LESS SECA Flusher Trade in,Value $ -1,250.00 Total Purchase Price with Chassis after Discount and Trade $243,120.00 Please note that above pricing is good for 30 days from the above date and is subject to change after that. Thank you for your consideration. Please contact me with any questions regarding this quote. Best Regards, Steve Szymczak 312-241-4449 Standard Equipment Company See appendix: Appendix002- Vactor RFP_Appendix.pdf Authorization to enter into a five-year Energy Management agreement with EnerNOC for an Emergency Load 13-D Response Program. .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Recommendation of Action Staff recommends approval. Overview The Village proposes to enter into a five-year Energy Management agreement with EnerNOC of Boston, MA, for an Emergency Load Response Program at three of the Village's water pumping stations. EnerNOC is an energy management company working on behalf of PJM Interconnection. PJM Interconnection is the electrical grid manager for a large segment of the northeast portion of the United States which includes the ComEd service area. PJM Interconnection's Emergency Load Response Program (ELRP) enables program participants to receive revenue for being available to reduce electricity consumption when the reliability of the electric grid is in jeopardy and voltage reductions and rolling brownouts are imminent. This program is not connected to the energy curtailment programs implemented by ComEd over the past several years. These programs are no longer available from ComEd. The program period runs from June 1st—September 30th, and enrollment in the program takes place annually between January 1st and April 30th. While enrolled in the program the Village would be required to respond during non-holiday weekdays from 12:00 pm until 8:00 pm. Responses outside of these times may be required. Over the past six years there have been no required activations in the ComEd service area through this program. Under the program, based on the Village's historical electrical consumption at the three locations, the village can expect to receive approximately $30,000 in capacity payments simply for being in the program and available should a load reduction need arise. Furthermore, it is estimated that the Village would receive an additional $1,900 per activation. Over the term of the contact,the Village could receive approximately$40,000 in revenue for participation in the program. The communities of Antioch, Elgin, Evanston, Fox Lake and Glen Ellyn are among the local agencies participating in this program. Staff has discussed this program with those communities and they have reported favorable experiences with the program with no negative impacts. Additionally, they have received payments as outlined in the program agreement. The Northwest Water Commission also participates in a similar load reduction program through ComEd with positive results. Next Steps Execution of contract pending Village Attorney final review and approval. Attachments Trustee Liaison Staff Contact Trustee Stein Michael J Reynolds, ....M.on.da...........A.......pri.1...7......2.0.1..4..............................................................................................................................NeW...B.us.'.Hess...._...Ite.m........1.3._D................................................................................................................................... Y, VILLAGE OF BUFFALO GROVE WARRANT #1228 7-Apr-14 General Fund: 329,440.29 Illinois Municipal Retirement Fund: 0.00 Parking Lot Fund: 3,916.00 Motor Fuel Tax Fund: 7,454.00 School & Park Donations 0.00 Capital Projects-Facilities: 50,169.16 Capital Projects-Streets: 154,100.73 Health Insurance Fund: 778.16 Facilities Development Debt Service Fund: 0.00 Retiree Health Savings (RHS): 0.00 Water Fund: 64,000.13 Buffalo Grove Golf Fund: 27,889.58 Arboretum Golf Fund: 28,248.22 Refuse Service Fund: 76,219.80 742,216.07 PAYROLL PERIOD ENDING 3/27/2014 852,225.86 852,225.86 TOTAL WARRANT #1228 1,594,441.93 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President ~ �h��� ������ ����� �_�� ���� �� ���� � � ��� � ���� N���� ����� �� � � � � � � � �� � �� � � � �� N���� ���� ���� ���� ��� ���� ��� ��� � ���� ° ° ° ° ������ ���������� ���� ����� � � �� IF ���� ����v���0� ����� ��^� � ����� ° ° Pay Batch or/z7/z*Tma| Employees m Pay Batch z*z *ours oasc,ipuon *ours Gross vvithho|dingsand oaducdons Gross Base uz nsspT neou|a,Fun'T|me 6'725.50 zsy'azayz Gross 779'*38.76 uznsspT Regular Part-Time 750.75 17'190.25 Federal 92'932.67 668'553.53 03 nssss*SomAL Regular Seasonal zsuu z*o.z*Social Security zy'aaa.za 317'196.56 u*nssSWORN Regular Sworn 9'076u0 *uu'ous.** Meu|care zu'yyuaa 757'980.36 usovsnTIMs Overtime 278.50 zs'oy7.oyIL State Tax 31'623.73 6*8'86*.78 ua DOUBLE TIME Double Time WI State Tax z'zuu.zs 19'688.75 u7nsTnoPAID netmpam *mac 289.97 uonsTnoswPAID netm Sworn Paid *mac Pre Tax 899.63 uyLomssvITY u,noe,|tv zz'uuu.uu osHsschoo|Fund **uu zusLscTso Elected Officials 3'250u0 Bright Directions 160.00 zuu coMp sx PAY Exempt comp Time Paid chnu support Arrears zuz COMP sxEARN Exempt Comp Time Child Support IL 5'223.98 Earned zu3 COMP msPAID Paid Non-Exempt Comp 27.38 z'uza.7u Child Support wI 969.23 Time zu*COMP msEARN Earned Non-Exempt 7.75 Community Health Charities o*uu Comp Time zua COMP swPAID Sworn Comp Time Paid Computer Loan *52.87 zzz FLOAT swERN Float Sworn Earned Computer Loan z 50a3 zzz FLOAT swpo Floating Sworn Paid 56.00 2'781.5* zzsooLcMpEARN Double Time Comp Time Dependent Care 1'10*.63 zz FIRE oT Fire Overtime 20'270.88 Fire Dues 1'700u0 zzu PARK STIPEND Park District Stipend zu*.za Fire Pension 16'103.59 170,319.** zzz CAR ALLOW Car Allowance zsu.uu Fire Pension Tier 2'*77.50 26'203.20 zzzIms nsIMouns Insurance 2'302.23 Fire Pension Supplement percent 35.3* 3'533.81 Reimbursement 13 oomus Bonus Pay Flexible Spending Account *'032.77 zz3 GOLF STIPEND Management Stipend FpAcoues 125.00 zz*vsI vsI FOP Police zzacLoTHIms Clothing Reimbursement Garnishment 75.00 zzyMAmsSTIPEND Management Stipend General Fund z**uu zu ACT cr Acting Lieutenant 262.00 *so.su Health HMO 630.50 zz ACT sc Acting Shift Commander 57u0 zza.os Health pPoA 5'750.52 zz CORP FIELD Corporal Field Supervisor 195.50 293.25 Health pPoo 13'013.5* z3 CORP WATCH Corporal Watch 59.50 oy.zsIcM/Vnc Flat Amount zz'yyz.zy Commander zs NIGHT SHIFT Night Shift 877.50 552.85 IcM/Vnc Flat Amount *'253.83 zassTWATCH Sergeant Watch Commander 295.50 186.17 IcM/Vnc percent 7'7**.*8 117'066u9 3u PARK DISTRICT Police Park District IcM/Vnc Percent 31cPn CPR 1'04e.56IcM*/nc Flat Amount 3 su VAC PAID Vacation Paid 267.25 11'570.77 IMnF 13'227.32 293'9*0.15 sz VAC EARNED Vacation Earned IMnF Life Insurance 336.00 s3 VAC PAYOUT Vacation Payout s*VAC swPAID Vacation Sworn Paid 250.50 zz'*y*.oz IMnF TIER z 611.08 13'579.79 ss VAC swEARNED Vacation Sworn Earned IMnFvo|untary 200.00 s7 VAC swPAYOUT Vacation Sworn Payout IRS Garnishment so VAC pTPAID Vacation Part Time Paid 8.00 zzz.3z Optional Life Self 616.28 sy VAC pTEARNED Vacation Part Time Police Dues 790.50 Earned 7u SICK PAID Sick Paid 230.25 7'96*.92 Run»v Katie sm»»eono/zs/zuz3 10:00:17AM Page zorz Pay Day Reg'ster IF Pay Batch 03/27/ 14 71 SICK EARNED-Sick Earned - - Police Pension 21,911.91 221,110.21 74 SICK SW PAID-Sick Sworn Paid 166.50 7,376.63 75 SICK SW EARN-Sick Sworn Earned - -Police Pension-Tier 2 1,013.36 10,225.60 90 FLOAT PAID-Floating Paid 42.00 1,971.65 PPOA TAX 28.78 - 91 FLOAT EARNED-Floating Earned - -RHS 1,941.49 93 FLOAT PT PAID-Floating Part Time Paid -ROTH IRA 2,022.00 - 94 FLOAT PT EARN-Float Part-Time Earned ROTH IRA Percent 71.41 3,570.56 96 HOL PAID-Holiday Paid Spousal Support Maintenace 328.15 - 97 HOL POL PAID-Holiday Police Sworn Paid 8.00 357.06 Trustmark Voluntary Benefit 839.22 98 HOL PT PAID-Holiday Part Time Paid - -United Way - - 99 HOL FIRE PAID-Holiday Fire Sworn Paid - -Net $ 500,630.59 Total 19,656.38 $ 779,438.76 - - - Total Payroll Expense $ 852,225.86 Benefits Amount Basic Life Insurance 63.33 Dental 18,169.85 Fire Pension 80,488.61 Health HMO 4,219.50 Health PPO A 38,482.72 Illinois Municipal Fund 42,130.28 Police Pension 83,376.39 Total 354,020.96 Gross Payroll 852,225.86 Water/Sewer Transfer (48,805.50) Buffalo Grove Golf Transfer (18,754.39) Arboretum Golf Transfer (12,610.52) 772,055.45 Transfers Payroll Account Transfer 500,630.59 ROTH IRA 2,093.41 Illinois State Tax 31,623.73 941 Federal Tax 154,246.31 ICMA Deferred Compensation 24,990.60 RHS-Fire 1,941.49 Flex/Dep Savings 5,137.40 MAP Dues 790.50 Trustmark Voluntary Benefit 839.22 Police Pension 22,925.27 Fire Pension 18,616.43 763,834.95 Run by Katie Skibbe on 8/15/2013 10:00:17 AM Page 2 of 2 §1 2 75 kE < �« \ / m 6i � 0 � � � § 12 CD ] LL F- LU (D / § � 2 # 0 �\ @ o % m d � kd D � � \ : E 2 \ ) > 2 ] ) \ E _ � a. 3 % \ J / 3 \ ) } kco ] f � � / » 2 Q o / k 2 \ 7 0 2 , LO 0 § / m \ o 75 O o Q E ca Q F O d' O N M M c 0 O u L 12 C +� m F- L- a� w O c > w O a N f O O w Rs V (n M �+ 3 (D O m w w � c06 0 MM _ O (D �w 0w m = a o L Y m E a a = m u)- N O Z n U C_ N N c6 m O c a v v v 0 N N � � N T N N � O O � C i 0 O O O v7 (n Q y 00 � O E 7 O Z c (n O_ L O O N 00 N a) M O Y N G O MO c cM m U 7 O Y V V a Q L Y U O r m C) LO j 7 C M C an r C O W O O M C co - C O - C r O C O r C O _ O 7 O co O O O N O co r O O O 7 O 7 O 7 O Q O O M O W O N W O 7 O I- O O O O O E °� `� E N r�i E LO an v v 00 E 00 L2 E L2 v E °� °� ' E O N E C a Q Q Q cV Q N Q Q M N Q N Q lL H CV Oi d' O N M c 0 O u L 12 +� m 'N a� w N > c`o w O O d 0 L _O 0 = O V ( g E co CD LO o m co (D L z N N a) aa) aa) C C w MM C p m c V) v o o C o a O W 3 m RS }=`i Q�mCUCc6G.i rmV+ dEa°7i cNo Uo w ° . 0 W� � 0 C C U) 0O c -0 -0 m w r >, Q E c a mcom C aC O U) 0U Ox J O r M o c O O U U m U O mm i iCO W Wm m m 0 w UE 0z cW O z -o -o N m O a a a a) o ° a) E Q Q Q Q Q a. Q Q Q Q Q Q Q Q CL v v v v v v v v v v v 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N O O O O O �_ O -0O O -0O N N N O � a) -0 -0O O O O O -0N -0O a) N (6 M m (6 7 N c6 M M cM 7 N N cM m (6 It (6 7 7 m (6 M M m O O O O O O N O O O O N O N O O O O O O O O C C C C C C C C O O O O O O O O O O N Q Q Q Q Q Q Q Q y N co 7 LO O r co an 'E O O O O O O O 00 z c (n OO N M M L 7 7 7 t � � 0Mj 7 7 7 7 7 O U W O U W O U O r r O U M O U 7 O U co W O U O O U W an W O W M O O W 7 I� O W J 00 w O O 7 O O O O O N N O O N O O O O O N O O O O lC c0 c an 7 c M c O an an O C O 7 C N 7 C 7 C 7 C O — O O — O O — O O O O O — r O — co O — O — O' O — CO O Y V V Q L F m U U U U U U U U O C N 7 O O C O N C Lo 7 C W O C 0) i j C O O I� O O C O O C O O C 75 G co c0 I� O O O N O 7 O O O 0 0 Lq 0 O O O O O V 0 O O r O O O N O N W O W � O 6 W O 6 LO M LO O O O r O r O O N E � o E - 0' E 0 E E M E m m M 0 ,L, E 0 o E `� E c Q Q N Q `° Q Q 0 Q M ch Q M Q O Q L(7 M H N Oi d' O N M c 0 0 u L � CDC m N m a, .1) r ■� LL U a) c N a� w N 3 .s .c) N v- o ? w o O o cm: 00 a° C7 0) N N a N � c a N U O Oi co J c N r U LO N a) OU E O CD -o m o) m m m L w r m ° °c_ ac) ti a ° o m (n U E O J D_ N c "O C C U a (� m c m c m Emaa c a c = 1 E E N E -O U E oc Q U c O c c U -O a) c cc cm ac mm ac o a) O O O O O O O a O he o m W U o m � o) m m a) c a) O a) m 0 a) g w m m m a (7 (5 Z p 2 m m Y 0 U 0 a N N m O 2 ~ Q Q ¢ Q m m m m 0. 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N W O W a) N a) r a) r a) M a) I'- I'- I'- r a) a) � a) N N a) O a) a) a) O a) N N N N -0 a) O a) N -0 a) M M M j� m 7 j� m co m N M m 7 j� m M M M M j� 7 �. M j� m O O O m O m O .m O m O m O O O O m O m O m O O O O O O O O C C C C C C C C � O O O O O O O O O N Q Q Q Q Q Q Q Q y O N M 7L2 c0 I� E O O O O O O O O Z r � N L 7 7 7 7 7 7 7 7 7 W 7 M O r 0 0) N U J N U N N U O N U W N U N N N N N U O N U O N U N r an co co 11J W 0 t co '0 W W '0 7 W '0 M M M M co .O 7 W O co W O LO LO LO O co co co � a O � O � O 0 O O 0 . r r r O � O � M O > 0 c Z 0 c N 0 c m 0 c 0 c O O O O 0 c M 0 c O 0 c Y L Y Y Y Y Y Y Y Y a) U U U U U U U U r r r r r r r r F U U U U U U U U j O . C N � C W C M C 7 O C O O O � C N 7 C 0) r C CO. O O I— O 0)O O W O M O O O O O 0) 'It. 7 O I� I U O O O c6 O O O O 7 O 7 W O W W N co M IDO O O O O r Q N r° E rn E rn E rn ° E C° E co N N N E N co E 0 E o Q v Q v Q v Q O Q r Q ° Q `° Q `° F Lf) N Oi d' O N M c w M U U O U v7 a) L 12 � > m c c0 c �a C:o c m a) m .� LU o ma G1 = w o o 0 W v— O N � 00 v p N .o V M 0 m 3 m O N m p c o ° RS O ° C) ° o m c = a°i LL °� c c m ° U U c O c m v o c aN c m m .� NN c w m`� c rr(D o c � a) Y U c pcc m0- c a) ai O o O o °O O E O a aE g o 3 O c O L °E aE)H W O O o c LL N a'S N 00 m a T W W m m m 0- O aO O O -° r m a) a U UY U a m 0. v v v v v v v v v v v 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N O W O r O M_ 2 7 O M_ M_ O N O N O � 2 O -0 a) -0 a) N -0 a) -0 a) O -0 a) O O O a) Na)a) 7 j� O co m. O co m. O co m. O co m. O co co 7 T (6 t T (6 t T O M T O N O N O N O N O N O O O N O N O N O N O O O O O O O O O c c c C C C C C C � O O O O O O O O O O N Q Q Q Q Q Q Q Q Q y W an O N co 7 m O ,p N N N N N N N E O O O O O O O O O Z L 7 7 0 7 � 7 7 7 7 7 7 O O N O r O O W O p O O cp O I.L 7 N U W N U r N U an N U LO N U N O N N U N N U N U Oi N 0) I— co N W i co O W r co N O co co — W Lo W 7 W co O O O O O O O m m m O O0 'a O c0 O I� O p co o ° co o ° o ° o ° LO o ° o ° Q o ° N o ° N o L Y Y Y Y Y Y Y Y Y a7 U U U U U U U U U r r r r r r r r r F U U U U U U U U U j C (1 M C w (D 7 c0 00) C 7 LO ' C N co C coW N W W C75 O c0 O W O tI-- m of O 7 t` O N N N m N O O c0 W M 0 7 O c0 m O I` r O 6 M I— N m O O O O (0 O N O I� M M W 6 N W O cM E E 7 E N N O O E I` I` 0) O N E O I-'- O O O W M E an r Q Q O Q Q Q Q t` 7 N COof N Q N m an � N NM N I,.- OM H CV Oi d' O N M c 0 0 u L 12 CD c ++ `° 00 0 F- 0LL N • a� w m o CV > o D O O C9 rL N mo g >> : > fn OcoOO F � '� 3 � ; Lo LO 0 O O T T C, 0 O) O) 0 W m m O cc): C 0 L O O O O O U U U U U W W U }i Cvi w E L m m m a3 m m m m m m m a3 Q Q U U U 2 2 Z 0 m m m m m m m Z � a) RS y o O O W W ° W W W C7 C7 C7 C7 C7 C7 C7 � W 'a Q 'a chi chi chi 'a L L 'a L L L .� 'a m m m m m m mLD °- L c6 Z V) W m V) E E E V) a) m V) a) a) a) — V) — rn m m m p 0 0 0 m m c c w a) c c c a) o 0 o m m m o m c ` m p p W U U U U p W W p W W W p Z Z Z Z Z Z Z c p W U a v v v v� v 0. v v v v v v v v v v v v v v v v v v v r r r r r r r r r r r r O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N Na) 7 N L —0 —0N W W W W W W N -0 N N N N O O a) a) a) N N N N N N N N m M m m co co co 7 7 m m co co m m M M M m m co co co co co co co m m co p O p O O O O O p O O p O O O p O O O O O O O p O W W W W W to to to to to C C C C C i 7 7 7 7 7 O O O O O O N Q Q Q Q Q y I— co an O O O O co E O Z I� W M M M M M 0 0 � N O co 7 CO O W O M W I` O L co co O_ N co W M O O 0) CO O M 7 O O O O c0 c0 (0 c0 I— O O O 0 W M U p m co p O) co an 0 M M M M M M M 0 7 a) N a) Q 7 7 7 > N a) N c0 N O N N co N O m m m m m m m N a) O U U (> U O U O O O U O O O O O O O U 0) .O t` W O N N W O W co t` W 7 7 7 7 7 7 7 W co > co � > Q N N N -0 O 7 M O O O O O > O m C O E M O C C 7 co c — N O — N N O W O — O — M O Y L Y Y Y Y Y F U U U U U O c0 I� N c0 N 7 7 I� W 7 0 7 c0 I' O W co O C O O C O O O C O C � N 7 � 7 M 0 7 of Cl? 9 O I� r N 7 c0 of of O O O O O O O O 75 V O N N M O 7 co O 7 M M O N I� W N 06 O O O O O O O N O N O m E o m m cD O m O N O m v v m � N o o m C° E o � E o C° ' E m °� E Q 7 N CO CO N CO N 7 N M Il r W Q Q N LQ 02 Q W Q O N 7 7 m O N 7 H N Oi d' O N M c 0 O u L 12 C +� m 'N p� w N O w O O ( E lf) L N Y Q.C Q Q 2 O Q N W W 1 co �O Y Y Q d -O m m "O ,F M C � 0 3 aYi aYi O W 3 m m m m m m m m m m m m m m m m m m p s o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o U c W W W W W W W W W W W W W W W W W W (n r o N o N N U o a O o T ,V O- �- (6 �- C �a 21 21 21 21 21 21 21 21 21 21 21 o� 21 21 21 o) o� o� L o .0 a) ii '0 � m '� t m '� Z N N N N N N N N N N N N N N N N N N U O T O r r 06 O N fn m y C C C C C C C C C C C C C C C C C C C O O O O W W W W W W W W W W W W W W W W W W W 3 0 N Y 0 0 N .LD 0 O a v v v o 0. v v v v v v v v v v v v v v v v v v v v v v v r r r r r r r r r r r r r r r r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N W W W W W W W W W W W W W W W co W W 7 N 7 N r r N N N O O M M M M M M M M M M M M M M M M co co M j� O M j� O M M j� O M j� N O O O O O O O O O O O O O O O O O O O N O N O O N O N om O O O O C C C C i 7 7 7 7 O O O O O O Q Q Q Q N y N co 7 m O co co co co E Z O N m I— 7 M co N of N O O co O I— O m W L m m m r O m W r co 7 �_ I— 7 I— m O W O 7 7 7 7 7 of of w O O w O 7 I— W W W 7 w M w m 7 7 7 7 7 7 7 t 7 7 c0 M m M co co co O co M c0 c0 c0 c0 c0 c0 c0 c0 co co M co 7 of O O O O O NN N N NN N N N O O O O O O O O O O c0 c0 O O O O O O c0 U c0 U ULO O U M_ M_ M_ co M_ M_ co M_ M_ co M_ M_ M_ M_ M O O N 00 O N O O O O O iC O O O O O O O O O O O O O O O O O O O C - 7 C r co C N C O O O O O O O O O O O O O O O O O O O O — O — r r O : O O > (6 Y W L^' Y Y Y Y H U U U U _ _ _ _ 75 j 0 C 0 W C W N c M O c O c c 7 0 M � N C N N C N 7 7 7 7 7 7 7 7 U 7 O N M O M � O 6 O O O O O W O 6 N M 6 O O c6 7 O 7 1° 0 E E N E E o r' E co 00 E - an O N `° E LO `'� E M C a Q Q Q N L6 Q L6 Q I` Q CO N Q Q LO LO H N Oi d' O N M as E o E u ^' u x W ~ 06 }� 1° O N m F U N a� w o ° c N O C Q 4— � w. � m O O d o E O CO a N m = fn O -o E xs o _O co - E M >. N N tD o O -o Y E m N m o ° o O c .. rn m U a m w m rn a) c Y c cO m m ° a V oU p V x3 m .� - Y U m V +-' c N .N c m c c c c of c c r Q L O L O O N 61- O L O O L c O O .N. a) O O O C) = m E a L o a p a o c_ a a a° a .� a s x a c6 Z E `o m E m N C7 m = m E _0 m a m 3 .N Y Y W m ° m m d g w a) o a) a) a O c o m X /`l m � x m J } m m 3 m 3 m C7 U m a m a c m N Q U m w! a w w w U- U- 0. v v v v v v v v v v v v 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N �?5 O O O M_ O O O N a) 2 N -0 O N -0 a) -0 a) O -0 a) r N -0 a) O -0 O O O M M j� O co j� O co j� N 7 j� O co j� N 7 j� O M M M M j� N 7 j� O M O O U O O U O O U O O U O O U O O U O O O O O U O O U O O O O O O O O O C C C C C C C c � O O O O O O O O O N Q Q Q Q Q Q Q Q y co I- co an O N co co co co co'E O O O O O O O 0 Z p� N L N 7 �p Z O O co O N O O O a) O a) O O O a) m O a) O U „rl U O U U U U) U an co LO an U Cp U O a7 � W O - W O W O 7 W O W O m W O M 7 0 CO W O W W O N Q O0 O 7 O O O O U O N I- O � L O � O G m 0 c 0 c o 0 c c00 0 c LL 0 c m 0 c co m m m 0 c N 0 c N L Y Y Y Y Y Y Y Y a7 U U U U U U U U r r r r r r r r F U U U U U U U U j O C O C 0 C 0) r C M C c0 7 7 N 7 C co M C O N C O) N L075 O m O O O O O O O 6 O r O �O LO co O) O O 7 O O co r I� O m O O O O_ W O c0 LO O an O O_ O M O O O �_ O O c0 I� Q C a Q r M Q M Q 7 Q Lo Q 7 7 7 N Q N N Q N co Q N N lL C H CV Oi d' O N M c 0 O u L 12 C +� m 'N a� w N r- Y C O /1\ o O 0 W o I� L N 0 0 co C m � c o t C) O c o m m _0 3 : a) T 0 c m M cn o S oo 3OL ° U o a) p o =o =o =o c c c c .L L L Q > 0 o a) o o o o o oa o ao i 0 3s a c .o E a m 3 O w 3 `O w 3 V) V Q Q Q m o a) 2i a) o U a) o U a) o o a) 0 0 0 0 m a) a) m m a) > > > ` 0 i 0 2 c 0 a O 0 a -O 0 0 0 0 0 X 0 a U 0 (D 0 S S T- /�� a ii U- U- U- Ui Ui U- d 0. M_ M_ M_ O O O O O O O O O O O O O N N N N N N N N N N N N N O O a) � O M_ a) 7 O W COW 7 a) a) a) O N a) a) a) O N O M a) N O M M M O O coO O coO O N O O co O O co coM coO O N O O coo O N N N O O N O N O O O O O N O N o a a a a a a a a O O O O O O O O C C C C C C C C O O O O O O O O O O N Q Q Q Q Q Q Q Q y 7 m c0 I— co an O 'O O O O O O O O O E I� r r r r r r r Z L O a) N O a) an O O O a) W O a) 0) 000 7 N O O O O O CO O a) O r W I.L U r U U U W U t cM cM N U U U c0 c0 of W r W LO W O W O W Cl) W N Cl) W an W 7 W O O W w O O O O O O O O O O - O O co co 7 c0 O O M O O O O W lC O > > �0 O > 7 7 7 7 E O E O E � 0 c 0 c 0 c 7 0 c 7 0 c L0 L0 L0 L0 0 c W 0 c N 0 c Y W L^' Y Y Y Y Y Y Y Y a) U U U U U U U U r r r r r r r r F- U U U U U U U U j � C O C O � C O O � C N O C O N M W O N N t` � C O C O75 O m O O O t` O O O O O O O N W t` O 7 (D O O t` O O _ co O 7 O O O 6 0 0 0 W N 7 M O c0 O Q Q M Q Cl) Q Q N Q Q M O c0 � t` 7 M Q M O Q C lL H N Oi d' O N M c 0 O u L Q c E 'N a� w c r,- N tm c m .__ v— w >p c -2 00 a o N a) -C: fn C c o Z) E O /1\ N 'N OL a) O) O m VV�y O U c m U a ^^� O N c O a) LL � O O c o o a) V) Y o Q 3 c a N o a) V) O V) m O L c V) 3 o V) m m m = a) 'o RS = V +- V) c c m o c c r c V) V) o o 0 o E c U c c r Q d r O E O o o o L o r o 0 0 0 .� O w O U �G m E a s a m E a o a c c a a � a) m a o 0 o Q a co a ' C m u) U LO N U O =O U 7 y U o_ U r r Y N N a) y0. U 7 c U l6 Z o V) V) 'o V) V) N a) V) W U V) U a a a a m V) c V) m y a) a) c a) p N a) .6 O) a) W N N Ip N N N a) c N a) O (6 Q 3 N (J) m c O IL C7 C7 C7 C7 C7 C7 i 0. r r r r r r r r 0 O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N M_ � O N � O O � O N N � O N � O O N N N N N N N N -0 O N -0 O N O O co O N 7 O O co co O O coO O M M M 7 M M M M O O co O co O O O O N O N O O O O O O O O N O O O O O O O O n C C C C C C C i 7 7 7 7 7 7 7 O O O O O O O O O Q Q Q Q Q Q Q N y N Cl) 7 LO O I— co O O O O O O O O t` Z NN 7 7 7 co W 7 7 O O O t` O O O O O O r O O N N N N O O O a- a LO a Cl) a a O a O W 7 LO O O a N U N N U p N U O N U r— N U O an N Lo 0 0 0 0 N U N N U 7 W 7 W O W W W W W N M O W �_ W 7 a0. O c0 O N O O O O O M O M co O O W O O O 7 W O O O O lC c c O c I� t` p c Soc co co co 7 7 7 c c ,N O — O — O — 7 7 — p — an O O O O O O 0) O — LO CO Y L Y Y Y Y Y Y Y a) U U U U U U U F- U U U U U U U j O C O N C 0 7 O C O O O C O O C O O C O ' C N I� O C C O O75 O O O 7 W O O O O O O O O O O N 7 N O O L0 j5 Q O O O O O O N L0 O O O O O O O O O O � O u0 O O L0 0 L0 O O O c0 N E 0 E O 'D E O an 'o E 0 o 0 E E E M E o o E o r` c a c� Q — Q °� ID °� Q Q � Q � � Q °� N i Q N °� � � F CV Oi d' O N M c 0 O u L 12 C +� m 'N a� w N O �w O O c O7 L N g 0 N a) 00 fn /. co a 7 CDc o C m m E m a CO m o °LO MM N O W 3 `o a o ° m a co > a a N N � O T O C fn E "O 7 4> Chi L O c c o 3 m m }i �6 o m rN c m �c i c c m c c m E °O OE E ° ° c ° ° EE U- c Z pii i °Eim - < S O m p c c c 2i rn a. 7 7 7 7 7 7 7 7 7 7 7 7 7 O 0 0 0 0 O O O 0 0 0 0 0 N N N N N N N N N N N N N O O co O O cocoO O co co O O co O COO N 7 O O M 7 7 O O co co O O O O O O O O O O O N O O to to to to to to to to O O O O O O O O O O N Q Q Q Q Q Q Q Q y an O N co 7 L0 c0 'O O O O O O O E O O I� Z L 7 7 m m 7 cow 7 7 Z 7 7 7 0 N 10 0 a) 0 O N 0 N 0 O W 0 7 0 O N N an 0 O co 7 I L U U co r U O U m U 1` U O U an LO W U O m W O W O O W O W W W co W O W N c0 m W 7 co w O O W O O O O O O N O O O 7 O O N O O O O co W co O O O O lC c c0 c 7 7 c C� c c O c 7 c co co co c O O 0 — m O — 0 — O O — N 0 — I� t` t` O — N N (6 Y L Y Y Y Y Y Y Y Y a7 U U U U U U U U r r r r r r r r F 0 j C O O C O O O O O ON C O N C Lo O C O O C O O C O O C O O O O O O O O O O N O N O O O O O O O O O O O O N O c6 c6 W 7 W O O c0 O 7 Lo O L W O W O O O O c0 O Q `° E E M O o E o' E No E N co E °� E 00 E 0 a Q Q «j Q Q Q O Q M Q Q M H N Oi d' O N M c 0 0 u L 12 C }i c N 00 O N ~ C N •� a� w o � O 4- c O ^' ++ Y W tLo o O N O.O c 0 N N0 0 O m 4t m c O U N M CO m O c0 > U N m N S m O r m 2k U c6 c0 fn N O T J c Q O O W E 2k (6 01 J C m m o U m � CU NN Ej ) c c _ o coo U U c c a) c oO o o O o O o o io YTom cE °o- - 0 !Ei i n oZ i i L i O U) m mE i a) r Z) a) a c c E E E n J Z Q fn X YO J > C :3 Y Y c w! a Y Y J J J CL 7 7 7 7 7 7 7 7 7 7 7 7 O O O O O O O O O O O O N N N N N N N N N N N N a a Lo Lo Lo Lo Lo a ,n a a a a a M 2 O O O N N N N N O N O O O O N O N O O O N 7 O O co co co co co O co O N 7 O O co O O co O O co O N 7 N O O O O O O > O > O O O O O O O O O O O O O O C C C C C C c c c O O O O O O O O O O O N Q Q Q Q Q Q Q Q Q y I— co an O N co 7 LO 'O O O O O O O O O O Z L 7 7 7 Q 7 7 7 7 7 7 O co W (D 0) I.L O NO O - N co r O O O O O O W O O O N U N U co M co co co N U N U N U N U N U M N U N a7 O O m O O 7 7 7 7 7 co O O co O 0) co O Or co O 0) co O O co O O O v c v c v c r v c v c v c ID v c v c � v O — O — O — O O — M O — O O — 7 O — p — O CO Y L Y Y Y Y Y Y Y Y Y a7 U U U U U U U U U r r r r r r r r r F U U U U U U U U U c j C O O C O 7 C r C M C O O C O W C O C O O O O O C 0 O O O O O 7 O O O O O O � O W O O O O O O O O N O O cM O O cM O O O M O O O c0 O O 6 6 6 6 O E. Q 1° E E E 'n E ° E °� o E - m E o E I` m � E c a Q M Q Q Q O Q Q W Q W Q I� 7 N Q lL H N Oi d' O N M c 0 0 u L 12 c m N N ~LL N LU a� w v- y O CcLo c C N U Ue i.V M N o '� c_ c p co m o r m �i m �p Ln o 00 a g a° U) N m J N C6 m `v r IL N a) O E O J �- U V) 'c "O Oa a) N RS Q�m�l6G m ddd r o cmn Z O O �` cN 0 c)p cOa)(D 0 a U o ° m O� ~ g m ° N .aog 6 � O o U- o o 'E w a a O w E m Q EE -o c o c Q mr mO = c EZ m m C7 m m m c- cm m .-0 m m m m m c !E O m m m m c m o 0 °m -0 Jm k- > mm c U lC C.N O O a J J D J J 7 7 7 7 7 7 7 7 7 7 7 O O O O O O O O O O O N N N N N N N N N N N a r 2 N a �p 2 a) O a) O O O N O O O O O O O N O O m 7 T m CO j co j� m co j� m 7 j� m 7 j� m co co co7 T N O m O m O m O m O m O m O m O O O O m a a a a a a a a O O O O O O O O c C C C C C C C O O O O O O O O O N Q Q Q Q Q Q Q Q y c0 I� W an O N co 'E O O O O co O co O Z C L- O NC6 7 7 7 U 7 7 7 7 7 O O O O O O coO O O OCO UW a NO co rOO O> O WO O coo O W OW O WO W N Cl) O W an O > an O a O co co co O c t 0 c 0 c (n 0 c O 0 c W 0 c 7 0 c Z t c M M M 0 c Y L Y Y Y Y Y Y Y Y a7 U U U U U U U U r r r r r r r r F- U U U U U U U U O O � C 0) C W N C O O C O C p r C N N c00 C O O C O M O O O O O) N O O O O O O O 7 co O c0 O O U 75 O O O N O O) O M O 7 O 7 r O N O O W 't O C, O O E o Q o Q M M Q 0 Q m p Q o N Q o �n Q r Q ° Cf F N Oi d' O N M c 0 O u L 12 C +� m N N ~LL N LU a� w v— O O ti y o a N n N O O co z U O v 0 c T r rn a o ^^CO T C 0)00 U d U NN LL M N o p n .2 r O W 3 O m > `oo a x o E O a o (D s m 0 w m w cV) L\ c o p OO) c a O 0 C: oo V o o oE o o E r r � m 2 C: 16 m a Z mmr m V) ~ o 'om a) E U a) mmc n O ca � c T a 0. 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N a a 7 I� O O O W a 0 O W I` O N O M_ O O O O O O N a) O N - O N � O O � a) 7 j N 7 j1 O co co 7 j� O co j� O co j� O co j� O co co j� N 7 j� O M O N O N O O O N O N O N O N O O N O N O O O O O O O O to C C C C C C C C O O O O O O O O O O N Q Q Q Q Q Q Q Q 'OE co co co co co co O O Z � Z � I— U) co Nco L O �o N 7 c_ 7 p) U O W m O c N a) p0 a) _ MO N NN a) C) NN a) co NN a) NN a) OM OM a) cL6 a) a) m W 0 7 W 0 an 7 O_ W 0 O W 0 1` W 0 O co 0 Cl) Cl) W 0 H W 0 co O O O I— LO O O W O (o O O O O O N iC < c CO c 7 N W c O c O c c O O c U c O Q O — N O — t Cl) 7 O — O O — O — N O — O O O — O — O Y L Y Y Y Y Y Y Y Y a) U U U U U U U U r r r r r r r r F- j CO C co uLr a rO rO � 0) LI)c� O 0) O O O OO O OC O MCO O O O riO N co co O � 0 O OO mO O O O O6 O O O O 10 O co 0 CO 10 Q � M Q I,.- Q N °0NQ n v M co N Q � Q MQM Q c Q M F N Oi d' O N M c 0 0 u L 12 C N 00 N w 00 r vN- O(D tm c a) a) m o o N m m m _ Y. a.N U U O E r U) E /. O_ � W 00 m m c O a) N 7 (6 m O 'a V) T p E E O O E T M to m 0 0 m m m m _ _ a) a) o W 0 N RS + , C� � zEE m cmG1 O 5 0 E o E E o E o —n Qoa) 0a) cc m - 0ti i 0O g O a) 0Zc oO Omo _ 0000m6 r TT m mZ m m a) U) V) V)7 a) c ,cc a) I 3 m 0 1 p Z r p a) r p Z r p U) o p a z z z¢a z z z z a 0. O O O O O O O O O O O O N N N N N N N N N N N N O O O O O -0 O N N N N - O N -0 O O -0 O O -0O N -0O M M O N 7 O N 7 7 O O M M M O O co O N 7 O N 7 O O co O O N p O N p O O N p O O O O p O p O p O p O p O O O O O O O O C C C C C C C C O O O O O O O O O N Q Q Q Q Q Q Q Q y N co 7 m O r co an 'E O O O O O O O O Z N N N N coO W N m co N O M M 0 W N L O r OW N r- 7 7 7 7 C7 O U O O U W W O U O O O O O U O O U O U O U m O U O co r W O O co O O O O W co co W O co M W CJ O O W W O O O O O O O O N O O O O �_ O O O O 0 c N 0 c N N 0 c co 7 7 N 0 c 0 c 7 0 c W 0 c O 0 c C6 Y L Y Y Y Y Y Y Y Y a) U U U U U U U U r r r r r r r r F U U U U U U U U O 0 00 C O O O O OM C O m 0 L0 7 C N W C N O C O C co O O O O co O co 0 O O O O � 0 O 00 Cj O _ 0 7 W. 0 W ch 0 O Co. 0 7 m N W 06 7 7 75 E rn E °o °o M M M E 0) 0) 00 00 ° E o r E or o E O N E v rn -0 ri � rn 0 Q �a Q Q Q Q Q Q m ro F N Oi d' O N M c 0 O u L 12 N C N }i m LO m N .� LL Xt W N T 4— (D w M Y o G� 00 (' LO It '� O N -o o 0 0 0 0 0 0 _O co a) N N N N N N N N N N V O O c o m N L C C C C C C C `V rO+ c6 U U a Y O O O O O O O O W 3 0 S N N N N J _ -p O O aUE O_ o O_ a C C C C C 03 Y OC iO O OYO_ CYmUCNN� CYmUC6N� CYmUC6N� CYmUC6N� CYmUC6N� CYmUC6N� CYmUCO O O O E SS 2- Z Z Z Za_ Z m � moo Q o V)o- 0 a O a O a ° m O m Z Z Z Z Z Z Z6N�a a a a a a a 0. v v v v v v v v v v v v v v v v v v 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N O O N M_ r r r r N N N N N N N N N N O O N N N N O O N N N N N N N N c6 M M 7 7 M co co co N N co (6 m (6 m c6 7 7 7 7 7 7 7 O O O O > O O O O > O O O O O O O O O O m O O O O O O C C C C C C i 7 7 7 7 7 7 O O O O O O O O Q Q Q Q Q Q (n y O N co 7 m ,p O O O O O O E r r r r r r Z o � N N co m W 7 7 0) 7 O O m O O LO � O c00 N -It -It O O W O M O O N N U 7 7 N U c0 N r r N U N U D. N U N N U C O) O 00 r W 0 O O O O co 0 7 co O Q co 'O 0 'O N N > c0 c0 OM M > 7 7 7 7 > OM > > > O a) N p o N N O o o o o a o C7 0 m cn S > C7 L Y Y Y Y Y Y a) U U U U U U o 0n cn an 0 0 0 - o -- o 0 o cn o o c o rn c o c0 I` o c o rn v o75 � O I� � 0 0 0 M N O I� O N O O O � O � co O O W r O O O 7 7 O co W 1` O p W W O 6 O 7 O O W O O O I` O O Q m E O O N I` I` W W N O 7 I� O W 0 O E M E M M E M N m Cl) co O N W N 7 ch Q O Q Q Q Q la � M � H N Oi d' O N M c 0 0 u u L 1 CD N 00 O N LL °2 N w (D �w o) O as O � LO 7 7 7 7 7 7 7 7 7 7 7 7 7 7 N m � (' a N o 0 0 0 0 0 0 0 0 0 0 0 0 0 Q N N N N N N N N N N N N N N m _O I Q �♦ r E IT IT IT IT IT IT IT IT IT IT IT c c L o O m c c c c c c c c c c c c c c rn L w., .. o 0 0 0 0 0 0 N o w M C 5 5 5 5 5 5 0C� C� C� C� C� C� C� T m — o E m O v s m m m m m m m m m m m m m m � L o) ti � m U U U C) C) a L m c o .. c c c c c o Q y c c c c c c c c c c c c c c g o > o g 0 Q n D N n p_ p_ U O a p_ o_ p_ T c p_ mmmmmmmmmmmmmm r T o r — V) c6 Z U U U U U U U U U U U U U U o 3 m o o w V) ° r m p as a m m d z z z z z z z z z z z z z z o 0 o r 0 m a) o o C: 0 a a a a C 0. v v v v v v v v v v v v v v v v v v v v v r r r r r r r r r r r r r r 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O o N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N ;5 ;5M_ M _ O O O O O O O O O O O O O C, -0a) O � O N -0 a) -0O O -0a) O 7 7 7 7 7 7 7 7 7 7 7 7 7 7 j N Itj� O co co j� O co j� N Itj� O N 7� O O O O O O O O O O O O O O > O N O O > C, N C, N O O m m O O O O to C C C C C i 7 7 7 7 7 � O O O O O O N Q Q Q Q Q y co I— co an O Z N L a O 7 7 O O m 0 O O C6 > co w N N �_ a) O O CO O O W O O N O O I'- CO N N _ :3 N Y .� �° m Y m m .o o m .o oo m .o m .o o m .o v oo as m r as as m p p z c as o) o > > r9 t` o > o 0 o I� t` p C) cn Y = a a w U- U- m o E co o — — o E a o E oN o L Y Y Y Y Y F U U U U U O 0 . � W M � M O � O O � 00 ON � NN O � 00 W � W O � 11 CO. � 7 U 't O 7 '0 O M O r 0 O O O I— O r O O O M O co 00 O M Q N o E 'o E o E cO rn E °� E °� o E "t N E co E cO rn E L a Q ° Q Q °� LO Q v Q Q °o ro Q �r Q Lo Q L�f) F r lf') N Oi d' O N M c w 0 o � u u � L < CD N F N LL N •� a� w m 4— y _ O f6 p) M M LO Imo/ y O C p N r ■\.il� Y O N N co C) 3 r � U m V m > m c It o 0 o co tD O 0- o >. ;�- m r U U m `v O O c O_ w M C ( Z U 3 0 ) 0 p O_ c 0 o N ° Q m N m 0 V) s o Ci o m `p N U c in c6 LO RS = Q d c j �'c ti c Om c c N o) c ( c o w c o a) 0 o o c (O O o wO O a o r a �o cn 0- E ° w ° a) ° X 0) ° 06 0 ° as o cn L 0 o o i O 0 i m i 0 m m 0 S l6 Z c m m o m m m U m a m a m m �- Q m r m m m d > a) o a) > c a) O 0 a) o a) C� a) a) o Y a) >- m a) m C7 a) c d m o m O as m 3 m m a W m cn o m � 0 c m U- c m m o m m U O) c U) O 7 a. � c¢n cn c°n c0 cn in 0. v v v v v v v v v 0 0 0 0 0 0 0 0 0 N N N N N N N N N O O N O O M O N 7 O N 7 O O N O O co O O co O co O co O O O O O O O O O C C C C C c c c c O O O O O O O O O O N Q Q Q Q Q Q Q Q Q y N Cl) 7 LO co r W 0) r r r r r r r r r Z L 7 I L O o O N M co O M N W .0 W 00 N W O O W O O W 0 W W .0 co W .0 N 00 7 W 0 0) O an O O O O O N O 7 O co O M O r C O 7 C N 7 C 7 C 7 C 7 C O 7 C r 7 C 7 C co O — r O — °) O — r O — � O — O — N O — O — °) O — co CO L Y Y Y Y Y Y Y Y Y a7 U U U U U U U U U r r r r r r r r r F U U U U U U U U U O OJ W 7 0 anLo UCla Q MN 0 O � O O N O O NID 0) O O Lr)O 4 W O0 O O O N O O O ID O O O NO O O O cIq O (0 Oco N co 0) O OO O co O O O O O O O M O c O O O c0 7 O 7 Q 7 co O M ) W N`N W O Q coQF.- Qan LOQ QNQ N N N H N Oi d' O N M c 0 O u L 12 C +� m N N ~LL N a� LU w c v— O w O a OL ~O c m o jo V) a' m O .o a O a _ c U U Q C7 /� O N Y a c a) Y a U O O_ m m aTco i O ci (n � .c c RS '+ tC Y o c" U r a) c 3 V O) �Y �p U U J O_ T _ � O a N CO }i CDO U H Y a a) a) c a) '� o `p O W O G1 _ Q�CGa "mto m� Q C7 m ` °C °c oQ v ° m 0 a a r > O O V) a) a)Jo a) a) U d a c o ow o V) a> — a E a) w °C: 2 OOa) a ° E 2 ° m T OC) 0 N V)( m U m m C7 C7 w m m m 2 m 0' m li a) a) .— O T a in 0. v v v v v v v v v v v v v v v r r r r r 0 0 0 0 0 0 0 0 0 0 O O o 0 o O O O O O O O O O O N N N N N N N N N N N N N N N 0 7 co a) N O � O M O W W O N N N O O O -0 O O -0 a) N N -0 a) N N - a) N -0a) O -0 a) N -0 a) N M M 7 7 7 >� N 7 >� O cM co O cM co O co >� N It O co co co O coO O O O O N O N O O N O O N O N O N O O N O O O O O O O O C c c c c c c i 7 7 7 7 7 7 7 O O O O O O O O O N Q Q Q Q Q Q Q y O N co 7 m O ,O N N N N N N N Z co L 7 7 7 7 7 7 7 co LO O O �- 7 W O co 7 O U O O U co I- U 7 7 O U O O U O O U r co O U O _� a) O O O 0 W 0 J co 0 N CO W 0 co 0 7 W 0 r- W 0 O O W O co m co an an O > U O > 7 7 O > N N O > co O > I� O > O O iC co co co co co c c c N N c c c c Cl) Cl) co Cl) Cl) O — O- O — Q Q O — It O — O — O — O — M (6 Y L Y Y Y Y Y Y Y a) U U U U U U U F U U U U U U U 00 p j C N C M O O M O O O O 1 C O C O � C c0 O O O M C c O L0 O � N N �0 �0 I� 7 7 7 0 O c0 O I� O O O M O O coO O c0 O O L0 c0 NI—: r r O N O N O O O c0 c0 00 L O L0 COQ la Q E M E 00 0 0 0 r 7 c0 N c0 N E N E W 0 O E O O 0) O O E N Q Q O O m CI c0 0) N Q Q Q an Q It P 00 W W N 7 7 7 M H N Oi d' O N M C 0 0 u L 12 �a N 00 N N N ■� LU M N— V) N O > c�L6 'o o 00 L- y 0 T M n ■\dI� O.O c C > V fV N c t1y — c V) m m r m c U c ^� rJ O J .O_ LL M�V O O O O T c O O J c O W 3 w w w c C: w w w V) ' a 0 .amcn a a �v c o O c N O V) m3 Um) 'a 06 CHa�1) � o O o c o o o0000 o ' � EN d o 0 0 o o o Cc: a oY o 0 Mn ao "O o c a 2 HO �o 0. v v v v v v v v v v v v v v v v v r r r r r r r r r 0 0 r r r r O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N a) W W 7 O O M_ O M_ N O O a) O N O N O O O O O O a) O a) O O O O � a) N N (6 c) N c6 c) c) c) 7 7 7 7 7 7 N N N (6 coN m M 7 7 7 N N coN O O O O O O O O O O O O O O O O O O O O O O O O C C c c c c c i 7 7 7 7 7 7 7 O O O O O O O O N Q Q Q Q Q Q Q y I— W 0) O N co E r r r r r r r Z O 7 7 7 7 7 7 0) 7 W 0) r W co c0 co c0 N co W C, O r O O N O O N M O I� O 7 00 0 a) O M_ O N O r W O O N 0 U c0 U I- W N N S an O 7 U - U U r N O O U O W O 00 N O W N M N_ m W r 00 7 O W i — c0 c0 W 00 00 O W O > O O N N N W M N O > O O > O O > N "0 "0O M O lC c c0 c 7 7 7 7 7 7 co 7 7 c 7 c coc O- co co c ,N O — O — N N N N N N N N N O — O — 7 O — Q co co O — N O (6 Y L Y Y Y Y Y Y Y a) U U U U U U U F U U U U U U U o mo 75 E N o Q N EIt 0 co 0 a Nv M E m E M Q Q Q Q Q U, Q Cl) Q C6 Q C H N Oi d' O N M c 0 0 u L 1 c O � m N N ~ E N LU O W U � 4— y = O N O N y N v N N O '� O Yip O.O 03 � U o� aoi u N fn O N m vi ti Cl) o f >. c otoC1 ( � c E° 2 o m m c a m a) mm `m CO m M C N Om - o g c a 'c O a U- 0 W O O 0 7 U 01 cL U LL U U O C 0 L m m a E r r m a) C7 g �_ m EO U O U fA y m E O i6 V W C 4= U_ C C C a) C ,�- C Y C C _0 N C U U C �p C N O U c E 7 O O c O 0 O 0 O cL6 O_ O o_ a o o c 'a 'a a mi r a c m a a o �_ a m a m m a O ml6 Zdd mmm x x m m n c m O O E m m -o a a a m o a a a m mm oma a) m m mm m mQ U m a > > > > > > > 0. v v v v v v v v v v v 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N �-) �-) N N W N � W N N N � N W N N N N O N N O O N N O m M M m m 7 m m com m co co m m 7 m m 7 m m co m m co m 7 O O O O O O O O O O O O O O O O O O O C C C C C C C C � O O O O O O O O O N Q Q Q Q Q Q Q Q .mQ M M M M M M 7 7 Z W W N M L O r— 7 7 O 7 7 7 7 N 7 7 N N O M O N O N 00 O N O O O N Lo O N N O N LO O N 0) O N U- U O O N U M N U O N U q, � N U i0 N U O N U 7 N U O �n m m v m O O m an m LO m m m m am. O> O O O> N O O> O O O> O O O O> c0 O O> cM O O> N O O> m O O> N c LO 0 c O 0 c N 0 c O O 0 c N 0 c 0 c 0 c O 0 c Y L Y Y Y Y Y Y Y Y a7 U U U U U U U U r r r r r r r r F- U U U U U U U U O 7 7 rn c o c o c O rn c 1n rn c N 7 c o c C, M c O W N O O O O O O O O O O N c0 O O W O O O 75 I- O O O O O O 7 O M O O O O O W Q N E W W N E M � E E r m E an 't E O N M O E r O E O M E cM LQ Q N Q L Q L6 Q Q o o M N Q 6 L6 Q L Q Ln N m H N Oi d' O N M c 0 0 u L 12 ++ m c � N N_ L U- N W ON "c >, 4— (D _ m c Y O 0 W r+ L M c N fL6 m O N p m (n N n ii. Q.O o C7 cow c CD O N T -O N r m N c m MM 15 O a r O M O J 7 O W 3 O ° m ° mci a UD Uo m U m 0m aam mao o O 7 7 m o Gs o o U 0 c > m U) U) c v, ami a) cm mao m a) CO c a c ic � c o O O n am m o O o O c a m a O oc o0 0 a) 0 030 O 0 O o E_ m m m m m m m LO m m m c a) a) 0 Cl? 0 c o U) m u- cm mm a o N m m omm a cc> > > > 0. 7 7 7 7 7 7 7 7 7 7 7 7 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N O O -0 7 7 j� m M j� m co m co m co m co co co m coj� m M j� m 7 O O m O m O m O m O m O O O m O m O m O O O O O O O O O C c c c c c c C � O O O O O O O O O N Q Q Q Q Q Q Q Q .mQ 7 7 7 7 7 7 7 7 Z 7 � 7 NN N L co 7 N 7 co 7 7 7 W r O 7 7 7 N O N co O N a- O N O N O N M M W O N W O N co O N o W U 0- co U U W U W W U O W U 7 7 Cl) W U 7 W U M W U N a7 O O O O O _ O O 7 O O N O O O O M O O O O O O iC U) � c LL c a c M c c O O O 7 C O 7 C 7 C ON O — O — O — O — O — O — O — O — (6 Y L Y Y Y Y Y Y Y Y a7 U U U U U U U U r r r r r r r r F- U U U U U U U U O 1 � C N N � C 7 7 00 00 00 7 N 0) M O O W 00 O C O O C O O C O O C O c0 O O 7 0) of 0 0) M c0 O O) c0 c0 co of O O O O O O O 75 E co Cl) O r O W O M 6 M M O I� W L0 0) . O O O O O W O 06 O O O O O Q Q Q co r r Q 7 N mM M Q M M E M M E M Oo E H N Oi d' O N M c 0 0 u L 12 C +� m N L N •� a� w v— p = O � � w p � N a N 0co Y p u� � o rn 00 E CO C E It -o W m p 3 a m 3 �vc r a a Gs chi s U) m - m 2 m E �\ Q W N O O O . NO O c p O ON YT O ppO _ O O N OO Y mE O_ O O_ X a) N N cc N N m O N N m E ° 5 a N c� CL v v v v v v v v v v v v v v v v v v v r r r r r r r r r r r r r r 0 0 O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N r N M N r O N O N O O -0O O -0O O O N -0N j O co co co O coco co co co co co co co coM M 7 7 >. N 7 T N t T O M T N N O O N O O O O O O O O O O O O O O N O N O N O N O O O O O O C C C c c c i 7 7 7 7 7 7 � O O O O O O O N Q Q Q Q Q Q y O N co 7 m .0 L2 E r r r r r r Z L 0 N 7 0) 0 O co 00 I— co c0 c0 of 7 O_ N m t 7 7 0 N 0 N 000 NU 0 N 0) O 00 "00) O00 r, 0 7 I� LO M 0000 of O) 00 M r O O M r M M 00 00 0) 00 0) 00 O) r N "0O m O O m m m O L0 O c �0 L0 �0 �0 O O0 p c CO Y L Y Y Y Y Y Y G7 U U U U U U F U U U U U U §-� 2 75 k E � E _ E s < } 7 F m e q 6i � 0 � � � § 12 CD F q L (D / o § D _ CN o o§ \ / o 1 co / Q k \ \S � _ .. \ LO Elk # \ a) g/ / � 2 \ : , 2 ( 2 f 3 / ) \ ) \ J J \ / \ \ _ ) < 2 2 G § [ z c = ° - \ / / Q 4 / k ( \ f o 2 \ 7 \ � 0 § E \ m � A \ ��rx � �'� r�' �a r Yr (here'n � �°� � IIIII[ IIw ,, rIIII , �u ll x , (I�u 1" (I�u .,i ° �,� �� (he�l'�M�um �' 1 ., lII x t "k4ib;� 4ib;� "k IY' "k tPo A� 61 �kr ku«�D:tGirxit�eir� <,(' PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES RFP Opening March 17 , 2010 2:00 p.m. CST At the offices of the National Joint Powers Alliance® 200 First Street Northeast, Staples, MN 56479 . II (('IIII #01 171 i1 The National Joint Powers Alliance® (NJPA)issues this request for proposal (RFP) to provide PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES, to NJPA, and current and potential NJPA Members from government, education to include Colleges and Universities, and non-profit agencies in all 50 states, and with potential international distribution. Specifications and details of this RFP are available beginning FEBRUARY 15, 2010 and continuing until March 8, 2010. Details and Specifications may be obtained by letter of request to Gregg Meierhofer,NJPA, 200 First Street Northeast, Staples, MN 56479, or registering and requesting RFP documents at www.noticeto roroposedders.com, or e-mail at RFP@njpacoop.org. Sealed Proposals will be received until March 17, 2010 at 2:00 p.m. at the above address. NJPA reserves the right to reject any and all Proposals. The text above is the Public Notice to Proposers to be used by NJPA. RFP Timeline /1;11.11 ilAlll'15, 2010 and . Pi /)licalion (Y'R1,P in the prinI and online iWinneupolis Star l ribir ne, the /ebrr ar� j;22, 2010 �, 1'A ile, and on the ite (#'1:"ra.bpa.b.� C"1Mer° .coni il&irch ,", 2010 iWareh 10, 2010 10.-00AI)4C 1' 1:pre_1"ropa.b. a/ 1"a qfi"Tense ca qfi"Tence ca//) iWareh 17, 2010 2:00p. In. C 1' I)eadline "o-Srobnlission (#' "ra.bpoa. a/'�' and 1 nblic l penin"',( '1"ra.bpoa: a/'s Direct questions regarding this RFP to: Gregg Meierhofer at g.meierh® er(c),n�)acoQ .org or(218)894-1930 RFP Procedures offers the methods for submitting questions. Page 1 of 47 a01I C , , 011 01 N. Sales Tax A. About NJPA O. Shipping and Shipping Program B. Joint Exercise of Powers Laws P. Normal Working Hours C. Why Propose a National Cooperative Cr I'I /,, ° Procurement Contract 0 0,111 , 1 IX" �F D. The Intent of this RFP 7 1 1 C. , 11(), O,l C'��'(), `,1 E. Scope of this RFP A. Proposal evaluation process F. Expectations for Products/Services B. Proposer Responsiveness being Proposed C. Proposal evaluation criteria G. Certification—Firm offer to contract D. Cost Scoring Evaluation E. Product Testing A. Proposer—Vendor F. Past performance information B. Contract G. Waiver aiver of formalities C. Time Ci ��l U°°7 ,'h 51 Y 1 �.� 0,111 J­�'_/'Y � 1 ^(f D. Proposer's Response A. Subsequent Agreements E. Currency B. NJPA Member sign-up procedure �Y 0 C. Reporting of sale activity D. Audits A. Pre-Proposal Conference E. Hub Partner B. Identification of key personnel F. Trade-Ins C. Proposer's exceptions to terms and G. Out of Stock Notification conditions H. Termination of a Contract resulting from D. Formal instructions to Proposers this RFP E. Contents and tabbing of Proposal Q 0 1 1 1 I 1 I��1, /� " `�l" Submission A. Advertisement of RFP F. Questions and answers about this RFP B. Advertising a Contract Resulting From G. Modification or withdrawal of a this RFP submitted Proposal C. Applicable law H. Value added attributes, D. Assignment of Contract products/services E. Proposers List I. Bid Security F. Captions, Headings, and Illustrations J. Certificate of Insurance G. Confidential Information K. Order Process and/or Funds Flow H. Data Privacy L. Administrative Fees I. Entire Agreement J. Force Majeure A. Line-Item Pricing K. Gratuities B. Percentage discount from catalog or L. Hazardous Substances category M. Legal Remedies C. Core List Pricing N. Licenses D. Hot List Pricing O. Material Suppliers and Sub-Contractors E. Ceiling Price P. Non-Wavier of Rights F. Volume Price Discounts Q. Protests of Awards Made G. Sourced Goods R. Provisions Required by Law H. Total Cost of Acquisition S. Public Record I. Requesting Product and Service T. Right to Assurance additions/deletions U. Suspension or Disbarment Status J. Requesting Pricing Changes V. Human Rights Certificate K. Pricing and Products Changes Format W. Severability L. Single Statement of Pricing—Historical X. Relationship of Parties Record of Pricing M. Payment Terms 2 of 47 1. l`1, I'1°011)[", I to ,1�°,! A. ABOUT NJPA 1_1 The National Joint Powers Alliance®- (NJPA)-is a public agency serving as a national municipal contracting agency established under the Service Cooperative statute by Minnesota Legislative Statute §123A.21 with the authority to develop and offer, among other services, cooperative procurement services to its membership. Eligible membership includes cities, counties, governmental agencies,both public and non-public educational agencies, colleges, universities and non-profit organizations. This Minnesota Statute also allows for service to NJPA Member agencies in Minnesota and all other states. 1_2 To this end,NJPA has established a series of procurement contracts with various Vendors of products/services which NJPA Members desire to procure. These procurement contracts are created in compliance with applicable Minnesota Municipal Contracting Laws. A complete listing of NJPA cooperative procurement contracts can be found at www.n at coo17 ors. 1_3 NJPA's publicly elected Board of Directors calls for all proposals, awards all Contracts, and hosts those resulting Contracts and offers them for the benefit of its Membership. 1_4 NJPA currently serves over 30,000 member agencies. Both membership and utilization of NJPA Contracts continues to expand at exponential rates. The value of our Contracts driven to our Members is reflected in our growth. B. JOINT EXERCISE OF POWERS LAWS 1_5 NJPA cooperatively shares those contracts with its Members nationwide through various "Joint Exercise of Powers Laws" established in Minnesota and most other States. The Minnesota"Joint Exercise of Powers Law" is Minnesota Statute §471.59 which states "Two or more governmental units...may jointly or cooperatively exercise any power common to the contracting parties..." Similar Joint Exercise of Powers Laws for each State of the United States can be found on our website at http://www.ni at coo 7�org/LEARN/About/Le&yal.html and clicking on that state at the bottom of the web- page- C. WHY PROPOSE A NATIONAL COOPERATIVE PROCUREMENT CONTRACT 1_6 National Cooperative Procurement Contracts create value for both Municipal buyers and their Vendors of products/services in two ways: 1.6.1 We save the time and effort of many municipal buyers bringing individual procurement proposals AND the time and effort of the Vendors in responding individually to those invitations. A single invitation for a cooperatively held contract can replace potentially thousands of invitations for the same items from individual NJPA Members. 1.6.2 We earn volume purchasing discounts which are passed on to our Members. A single awarded Proposal is likewise exposed to thousands of potential Municipal purchasing units nationwide creating efficiency and savings to the business community as they sell products and services to government and education agencies. 1_7 State laws that permit or encourage cooperative purchasing contracts do so with the belief that lower prices,better overall value and time savings will be the result. 1_8 The collective purchasing power of thousands of NJPA Members nationwide offers the opportunity for volume pricing discounts. Although no volume is guaranteed by a Contract resulting from this RFP, substantial volume is anticipated and volume pricing is requested and justified. 3 of 47 1_9 NJPA and its Members desire the best value for their procurement dollar as well as a competitive price. Pre-competed procurement contracts offer NJPA and its Members the ability to more directly compare non-price factors in their procurement analysis and it offers Vendors the opportunity to display those attributes without the timing and interpretation constraints of a typical individual proposal process. D. THE INTENT OF THIS RFP 1.10 The intent of this RFP is to award an Exclusive Single Award Contract to a qualifying manufacturer or distributor Proposer demonstrating a solution which meets and/or exceeds the requirements of NJPA and its Members within the scope of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES. Qualifying Proposers must be able to demonstrate the knowledge of any and all applicable industry standards, laws and regulations; and the ability to both market to and service NJPA Members in all 50 states, All proposals received will be evaluated based on (among several other factors) their ability to provide the greatest utility to NJPA and NJPA Members and across the widest spectrum of products and services. 1.11A response to this RFP can be in the form of a Line-Item Pricing and/or Percentage Discount from Catalog or Category Pricing purchasing contract. NJPA desires a relationship with a vendor providing a broad array of equipment,products, supplies, accessories and services anticipated and generally requested and desired by NJPA members from the PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES industry. Those products and services must include those most commonly used and desired by NJPA and its Members. NJPA is seeking a Prime and Exclusive Vendor relationship to best serve the overall needs of NJPA and NJPA Members nationally. 1.12 Non-Manufacturer Awards: NJPA reserves the right to make an award related to this invitation to a non-manufacturer such as a mass distributor if such action is in the best interests of NJPA and its Members. 1.13 Multiple Awards: Although it is NJPA's intent to award a contract to a single Vendor, NJPA reserves the right to award a Contract to multiple Proposers where the responding Proposers are deemed to lack the ability to appropriately service a national contract or such action is deemed to be in the best interests of NJPA and its Members 1.14 Award by Board of Directors: An Award of Contract may be made by the NJPA Board of Directors based on the recommendation of the NJPA Proposal Review Committee and on the best interests of NJPA and its Members. NJPA is seeking a Prime, Exclusive Vendor relationship(s) to meet this need. The goal and intent of this RFP is to follow through with a proposal award and contract to be marketed nationally through a cooperative effort between the awarded vendor(s) and NJPA to its participating members. 1.15 Best Responsive—Responsible Proposer: It is the intent of NJPA to award a Contract to the best responsible and responsive Proposer(s) offering the best overall quality and selection of products/services and services meeting the commonly requested specifications of the NJPA and NJPA Members,provided the Proposer's Response has been submitted in accordance with the requirements of this RFP. 1.16 Sealed Proposals:NJPA will receive sealed proposal responses to this RFP in accordance with accepted standards set forth in the Minnesota Procurement Code and Uniform Municipal Contracting Law. Awards may be made to responsible and responsive Proposers whose proposals are determined in writing to be the most advantageous to NJPA and its current or qualifying future NJPA Members. 1.17 Use of Contract: Any Contract resulting from this solicitation shall be awarded with the understanding that it is for the sole convenience of NJPA and its Members. NJPA and/or its members reserve the right to obtain like goods and services solely from this Contract or from another contract source of their choice. 4 of 47 1.18 NJPA's Interest in a contract resulting from this RFP: Not withstanding its own use, to the extent NJPA issues this RFP and any resulting contract for the use of its Members, NJPA's interests and liability for said use shall be limited to the competitive proposal process performed and terms and conditions relating to said contract and shall not extend to the products, services, or warranties of the Awarded Vendor or the intended or unintended effects of the goods and services procured there from. 1.19 Sole Source of responsibility-NJPA desires a"Sole Source of Responsibility" Vendor meaning the Vendor will take sole responsibility for the performance of delivered products/services.NJPA also desires sole responsibility with regard to: 1.19.1 Scope of Products/Services: NJPA desires a single provider for the broadest possible scope of the goods and services being proposed over the largest possible geographic area and to the largest possible cross-section of NJPA Members. 1.19.2 Vendor use of sub-contractors in sourcing or delivering goods and services: NJPA desires a single source of responsibility for products/services proposed.Proposer's are assumed to have sub-contractor relationships with all organizations and individuals whom are external to the Proposer and are involved in providing or delivering the goods and services being proposed. Vendor assumes all responsibility for the products/services and actions of any such Sub- Contractor. E. SCOPE OF THIS RFP 1.20 Solutions Based Invitation: 1.20.1 All potential Proposers are assumed to be professionals in their respective fields. As professionals you are deemed to be intimately familiar with the spectrum of NJPA and NJPA Member's needs and requirements with respect to the scope of this RFP. 1.20.2 With this intimate knowledge of NJPA and NJPA Member's needs, Proposers are instructed to provide their proposal response in a format describing their solutions to those current and future needs and requirements. Proposers should take care to be economical in their response to this RFP. 1.20.3 Multiple solutions to the needs of NJPA and NJPA Member's are possible. Examples could include: 1.20.3.1 Materials Only Solution: A Materials Only Solution may be appropriate for situations where NJPA or NJPA Members possess the ability, either in-house or through local third parry contractors, to properly install and bring to operation those materials being proposed. 1.20.3.2 Turn-Key Solutions: A Turn-Key Solution is combination of materials and services which provides a single price for materials, delivery, and installation to a properly operating status. Generally this is the most desirable solution as NJPA and NJPA Members may not possess, or desire to engage, personnel with the necessary expertise to complete these tasks internally or through other independent contractors 1.20.3.3 Good, Better, Best: Where appropriate and properly identified, Proposers are invited to offer the CHOICE of good—better—best multiple grade solutions to NJPA and NJPA Member's needs. 1.20.3.4 Proven — Accepted — Leading Edge Technology: Where appropriate and properly identified, Proposers are invited to provide the CHOICE of an appropriately 5 of 47 identified spectrum of technology solutions to NJPA and NJPA Member's needs both now and into the future. 1.21 Geographic Area to be Proposed: This RFP invites proposals to provide PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES to NJPA and NJPA Members throughout the entire United States and possibly internationally. Proposers will be expected to express willingness to explore service to NJPA Members located abroad; however the lack of ability to serve Members outside of the United States will not be cause for non-award. The ability to serve Canada, for instance,will be viewed as a value-added attribute. 1.22 Manufacturer as a Proposer: If the Proposer is a Manufacturer or wholesale distributor, the response received will be evaluated on the basis of a response made in conjunction with that Manufacturer's Dealer Network. Unless stated otherwise, a Manufacturer or wholesale distributor Proposer is assumed to have a documented relationship with their Dealer Network where that Dealer Network is informed of, and authorized to accept,purchase orders pursuant to any Contract resulting from this RFP on behalf of the Manufacturer or wholesale distributor Proposer. Any such dealer will be considered a sub-contractor of the Proposer/Vendor. The relationship between the Manufacturer and wholesale distributor Proposer and its Dealer Network may be proposed at the time of the proposed submission if that fact is properly identified. 1.23 Dealer/Re-seller as a Proposer: If the Proposer is a dealer or re-seller of the products and/or services being proposed, the response will be evaluated based on the Proposer's authorization to provide those products and services from their manufacturer. Where appropriate, Proposers must document their authority to offer those products and/or services. 1.24 Contract Term: A contract resulting from this RFP will become effective the date of execution by NJPA of the "Offering and Award" (Form D).NJPA is seeking a Contract base term of four years subject to annual renewals as allowed by Minnesota Contracting Law. Full term is expected, however will only occur through successful annual renewals. One additional one-year renewal-extension may be offered by NJPA to Vendor beyond the original four year term if NJPA deems such action to be in the best interests of NJPA and its Members. 1.25 Minimum Contract Value: NJPA anticipates considerable activity resulting from this RFP and subsequent award; however no commitment of any kind is made concerning actual quantities to be acquired. NJPA does not guarantee usage. Usage will depend on the actual needs of the NJPA Members and the value of the awarded contract. 1.26 Estimated Contract Volume: Estimated quantities and sales volume are based on potential usage by NJPA and NJPA Members. 1.27 Largest Possible Solution: If applicable, Contracts will be awarded to Proposer(s) able to deliver a proposal meeting the entire needs of NJPA and its Members within the scope of this RFP. NJPA prefers Proposers submit their complete product line of products and services described in the scope of this RFP. NJPA reserves the right to reject individual, or groupings of specific products/services proposals as a part of the award. 1.28 Contract Availability: This Contract must be available to all current and potential NJPA Members who choose to utilize this NJPA Contract to include all governmental agencies, public and private primary and secondary education agencies, and all non-profit organizations nationally. 1.29 Proposer's Commitment Period: In order to allow NJPA the opportunity to evaluate each proposal thoroughly,NJPA requires any response to this solicitation be valid and irrevocable for ninety(90) days after the date proposals were opened regarding this RFP. 6 of 47 F. EXPECTATIONS FOR PRODUCTS/SERVICES BEING PROPOSED 1.30 Industry Standards: Except as contained herein, the specifications or solutions for this RFP shall be those accepted guidelines set forth by the PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES industry, as they are generally understood and accepted within that industry across the nation. Submitted products/services, related services, and their warranties and assurances are required to meet and/or exceed all current, traditional and anticipated needs and requirements of NJPA and its Members. 1.30.1 Deviations from industry standards must be identified by the Proposer and explained how, in their opinion, the products/services they propose will render equivalent functionality, coverage, performance, and/or service. Failure to detail all such deviations may comprise sufficient grounds for rejection of the entire proposal. 1.31 Important note: NJPA does not typically offer specific product and service specifications; rather NJPA is requesting an industry standard or accepted specification for the requested products and services. Where specific line items are specified, those line items should be considered the minimum which can be expanded by the Proposer to deliver the Proposer's "Solution"to NJPA and NJPA Member's needs. 1.32 Commonly used Goods and Services: It is important that the products/services submitted are the products/services commonly used by public sector entities. 1.33 New Current Model Goods: Proposals submitted shall be for new, current model products and services with the exception of certain close-out products allowed to be offered on the Proposer's "Hot List" described herein. 1.34 Compliance with laws and standards: All items supplied on this Contract shall comply with any current applicable safety or regulatory standards or codes. 1.35 Delivered and operational; Products offered herein are to be proposed based upon being delivered and operational at the NJPA Member's site. Exceptions to "delivered and operational" must be explicitly disclosed in your proposal response. 1.36 Warranty: The Proposer/Vendor warrants that all products, equipment, supplies, and services delivered under this Contract shall be covered by the industry standard or better warranty. All products and equipment should carry a minimum industry standard manufacturer's warranty that includes materials and labor. The Proposer has the primary responsibility to submit, as a part of Tab 9, product specific warranty as required and accepted by industry standards. Dealer/Distributors agree to assist the purchaser in reaching a solution in a dispute over warranty's terms with the manufacturer. Any manufacturer's warranty which is effective past the expiration of the warranty will be passed on to the NJPA member. Failure to submit a minimum warranty may result in the non-award. 1.37 Proposer's Warrants: The Proposer warrants all goods and services furnished hereunder will be free from liens and encumbrances; and defects in design, materials, and workmanship; and will conform in all respects to the terms of this R_FP including any specifications or standards. In addition, Proposer/Vendor warrants the goods and services are suitable for and will perform in accordance with the purposes for which they were intended. G. CERTIFICATION—FIRM OFFER TO CONTRACT 1.38 By execution and delivery of a proposal,Proposer certifies: 1. The submission of the offer did not involve collusion or any other anti- competitive practices; 2. The Proposer/Vendor shall not discriminate against any employee or applicant for employment in violation of Federal and State Laws (see Federal Executive Order 11246); 3. The Proposer has not given, offered to give, nor intends to give at any time hereafter any 7 of 47 economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with the submitted offer(see Gratuities); and, 4. The Proposer agrees to promote and offer to Members only those products/services and/or services as previously stated, allowed, and deemed a resultant of the contract(s) as NJPA contract items or services. This clause shall include any future product or service additions as allowed through Contract additions. 1.39 A response to this RFP is a firm offer to Contract with the NJPA based upon the goals, intent, terms, and conditions and scope of products/services contained in and referenced to in this invitation. 1.40 All stated terms and conditions, expectations to include the goals, intent and scope of this RFP as described as a part of this RFP, are to be considered binding under the signatures of authorized parties and are part of the Contract. A. PROPOSER- VENDOR 2_1 Exclusive Vendor- A sole Vendor awarded in a product category. NJPA reserves the right to award to an Exclusive Vendor in the event that such an award is in the best interests of NJPA Members. Such a Proposer must exhibit the ability to offer an outstanding overall program and demonstrate the ability and willingness to serve NJPA Members in all 50 states, and comply with all other requirements of this RFP. 2_2 Potential Proposer-A person or entity requesting a copy of this RFP. 2_3 Proposer-A company,person, or entity delivering a timely response to this RFP. 2_4 Vendor- One of a number of Proposers whose proposal has been awarded a contract pursuant to this RFP. 2_5 Request for Proposal- Herein referred to as RFP E. CONTRACT 2_6"Contract"as used herein shall mean cumulative documentation consisting of this RFP, an entire Proposer's response, and a fully executed"Acceptance and Award." C. TIME 2.7 Periods of time, stated as number of days, shall be in calendar days. D. PROPOSER'S RESPONSE 2_8 A Proposer's Response is the entire collection of documents as they are received by NJPA from a Potential Proposer in response to this RFP. E. CURRENCY 2_9 All transactions are payable in U.S. dollars on U.S. sales. All administrative fees are to be paid in U.S. dollars. 8 of 47 rY A. [1 1�H' [1 1�0[10 S A 1, C0 1"�FHI 1�H'1�CH' 3.1 A non-mandatory pre-proposal conference will be held at the date and time specified in the time line on page one of this RFP. Conference call and web connection information will be sent to all Potential Proposers through the same means employed in their inquiry. The purpose of this conference call is to allow Potential Proposers to ask questions regarding this RFP. Only answers issued in writing by NJPA to questions asked before or during the Pre-proposal Conference shall be considered binding. 13. H)H'Nfll,]CATIU OF IKf,"Y [11`116MM`11, 3.2 Vendor will designate one senior staff individual who will represent the awarded Vendor to NJPA. This contact person will correspond with members for technical assistance, questions or problems that may arise including instructions regarding different contacts for different geographical areas as needed. 3.3 Individuals should also be identified (if applicable) as the primary contacts for the contents of this proposal, marketing, sales, and any other area deemed essential by the Proposer. C. [11M[IOS11"WS ll")((Iil"h"T'I()I S 'T'() 'T'I,"IMS AM) COM)ITMM 3.4 Any exceptions, deviations, or contingencies a Proposer may have to the terms and conditions contained herein must be documented on Form C. 3.5 Exceptions, Deviations or contingencies stipulated in Proposer's Response, while possibly necessary in the view of the Proposer, may result in disqualification of a Proposal Response. p1 F(MMAL 1MT1WCT10MT0 [11M[IOSH116 3.6 It is the responsibility of all Proposers to examine the entire RFP package, to seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a Proposal. Negligence in preparing a Proposal confers no right of withdrawal after the deadline for submission of proposals. 3.7 All proposals must be sent to "The National Joint Powers Alliance®, 200 1" ST NE Staples, MN 56479." 3.8 All proposals must be submitted in both hard copy and electronic formats (on a compact disc (CD)). Both hard copy and electronic proposals must be tabbed (in appropriately named files in the case of the CD) as identified herein. Electronic proposal submissions should be submitted in a nested file structure where the root file is entitled "Proposal Response". Files contained in the root file should be entitled "Tab 1, Tab 2," Documents within the nested files should be individual documents or folders appropriately titled as to their content. 3.9 Two complete copies of each proposal must be submitted with the exception of a single original bid security submitted in one response copy with a copy of the bid security in the second response copy. All Proposal forms must be legible. All appropriate forms must be executed by an authorized signatory of the Proposer. Blue ink is preferred for signatures. 3.10 Electronic proposal submissions should be submitted using the electronic forms provided. If a Proposer chooses to use alternative documents for their response, the proposer will be responsible for ensuring the content is effectively equal to the NJPA form and the document is in a format readable by NJPA. 3.11 Product descriptions, fact sheets, and catalogs should be submitted in electronic format only in an 9 of 47 effort to limit the use of paper resources in the hard copy response. Price lists in excess of 20 pages should be submitted in electronic format only. 3.12 It is the responsibility of the Proposer to be certain the proposal submittal is in the physical possession of NJPA on or prior to the deadline for submission of proposals. Proposals must be submitted in a sealed envelope or box properly addressed to NJPA and prominently identifying the proposal number, proposal category name, the message "Hold for Proposal Opening", and the deadline for proposal submission. NJPA cannot be responsible for late receipt of proposals. Proposals received by the correct deadline for proposal submission will be opened and the name of each Proposer and other appropriate information will be publicly read. 3.13 Corrections, erasures, and interlineations on a Proposer's Response must be initialed by the authorized signer in original ink on all copies to be considered. 3.14 Addendums to the RFP: The Proposer is responsible for ensuring receipt of all addendums to this RFP. 3.14.1 Proposer's are responsible for checking directly with NJPA, or checking the NJPA website for addendums to this RFP. 3.14.2 Addendums to this RFP can change terms and conditions of the RFP including the deadline for submission of proposals. E. CONTENTS AND TABBING OF PROPOSAL SUBMISSION 3.15 In order to insure every proposal receives a fair evaluation and comparison,it is required each Proposer tab and label their proposal as indicated on Form A "Proposer Questionnaire." F. QUESTIONS AND ANSWERS ABOUT THIS RFP 3.16 Upon examination of this RFP document, Proposer shall promptly notify the Manager of Bids and Contracts of any ambiguity, inconsistency, or error they may discover. Interpretations, corrections and changes to this RFP must be made by addendum. Interpretations, corrections, or changes made in any other manner will not be binding and Proposer shall not rely upon such. 3.17 Submit all questions about this RFP, in writing, referencing "PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES to Gregg Meierhofer, NJPA, 200 First Street NE, Staples, MN 56479 or RFP@njpacoop.org. Those not having access to the Internet may call Gregg Meierhofer at (218) 894-1930 to determine if addenda have been issued or to request copies of the RFP. Requests for additional information or interpretation of instructions to Proposers or technical specifications shall also be addressed to Gregg Meierhofer. NJPA urges Potential Proposers to communicate all concerns well in advance of the deadline to avoid misunderstandings. Questions received less than seven (7) days ending at 4:00 p.m. Central Time of the seventh(7th) calendar day prior to proposal due-date cannot be answered. 3.18 If the answer to a question is deemed by NJPA to have a material impact on other potential proposers or the RFP itself, the answer to the question will become an addendum to this RFP. 3.19 If the answer to a question is deemed by NJPA to be a clarification of existing terms and conditions and does not have a material impact on other potential proposers or the RFP itself, no further documentation of that question is required. 3.20 As used in this solicitation, clarification means communication with a Potential Proposer for the sole purpose of eliminating minor irregularities,informalities, or apparent clerical mistakes in the RFP. 3.21 Addenda are written instruments issued by NJPA that modify or interpret the RFP. All addenda issued by NJPA shall become a part of the RFP. Addenda will be delivered to all Potential Proposers 10 of 47 using the same method of delivery of the original RFP material. NJPA accepts no liability in connection with the delivery of said materials. Copies of addenda will also be made available on the NJPA website at www.n1pacoop ors by clicking on "Current Proposals" and from the NJPA offices. No addenda will be issued later than five (5) days prior to the deadline for receipt of proposals, except an addendum withdrawing the request for proposals or one that includes postponement of the date of receipt of proposals. Each Potential Proposer shall ascertain prior to submitting a Proposal that it has received all addenda issued, and the Proposer shall acknowledge their receipt in its Proposal Response. 3.22 An amendment to a submitted proposal must be in writing and delivered to NJPA no later than the time specified for opening of all proposals. O. MODIFICATION OR WITHDRAWAL OF A SUBMITTED PROPOSAL 3.23 A submitted proposal may not be modified, withdrawn from or cancelled by the Proposer for a period of ninety (90) days following the date proposals were opened regarding this RFP. Prior to the deadline for submission of proposals, any proposal submitted may be modified or withdrawn by notice to the NJPA Manager of Bids and Contracts. Such notice shall be submitted in writing and include the signature of the Proposer and shall be delivered to NJPA prior to the deadline for submission of proposals and it shall be so worded as not to reveal the content of the original proposal. However, the original proposal shall not be physically returned to the Potential Proposer until after the official proposal opening. Withdrawn proposals may be resubmitted up to the time designated for the receipt of the proposals if they are then fully in conformance with the Instructions to Proposer. H. VALUE ADDED ATTRIBUTES, PRODUCTS/SERVICES 3.24 Examples of Value Added Attributes: Value-Added attributes, products and services are items offered in addition to the products and services being proposed which adds value to those items being proposed. The availability of a contract for maintenance or service after the initial sale, installation, and set-up may, for instance,be "Value Added Services" for products where a typical buyer may not have the ability to perform these functions. 3.25 Where to document Value Added Attributes: The opportunity to indicate value added dimensions and such advancements will be available in the Proposer's Questionnaire and Proposer's product and service submittal and must be tabbed under Tab 9. 3.26 Value added products/services and expanded services, as they relate to this RFP, will be given positive consideration in the award selection. Consideration will be given to an expanded selection of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES, and advances to provide products/services, supplies meeting and/or exceeding today's industry standards and expectations. A value add would include a program or service that further serves the members needs above and possibly beyond standard expectation and complements the products/services and training. Value added could include areas of product and service, sales, ordering, delivery, performance, maintenance, technology, and service that furthers the functionality and effectiveness of the procurement process while remaining within the scope of this RFP. 3.27 Minority, Small Business, and Women Business Enterprise (WMBE) participation: It is the policy of some NJPA Members to involve Minority, Small Business, and WMBE contractors in the purchase of goods and services. Vendors should document WMBE status for their organization AND any such status of their affiliates (i.e. Supplier networks) involved in carrying out the activities invited. The ability of a Proposer to provide "Credits" to NJPA and NJPA Members in these subject areas, either individually or through related entities involved in the transaction, will be evaluated positively by NJPA. NJPA is committed to facilitating the realization of such "Credits" through certain structuring techniques for transactions resulting from this RFP. 3.28 Environmentally Preferred Purchasing Opportunities: There is a growing trend among NJPA Members to consider the environmental impact of the products/services they purchase. Please identify I I of 47 any "Green" characteristics of the goods and services in your proposal and identify the sanctioning body determining that characteristic. Where appropriate, please indicate which products have been certified as "green" and by which certifying agency. 3.29 On-Line Requisitioning systems: When applicable, on-line requisitioning systems will be viewed as a value-added characteristic. Proposer shall include documentation about user interfaces that make on- line ordering easy for NJPA Members as well as the ability to punch-out from mainstream eProcurement or Enterprise Resource Planning (ERP) systems that NJPA Members may currently utilize. 3.30 Financing: The ability of the Proposer to provide financing options for the products and services being proposed will be viewed as a Value Added Attribute. I. BID SECURITY 3.31 A bid security in the amount of$10,000, in the form of a bid security or a cashier's check payable to NJPA, will be required of all Proposers to insure the Proposer's performance in completing the "Contract" contemplated herein. The bid security (or cashier's check) will be released to the Proposer following the execution of all documents required to complete the proposed "Contract" or the end of the required 90 day commitment period, whichever comes first. Bid securities must be issued by an Admitted Surety rated A or better (an insurance organization authorized by the Insurance Commissioners in all 50 states to transact surety insurance during this calendar year). • ACCEPTABLE BID SECURITY MUST BE PROVIDED WITH THE PROPOSAL SUBMITTAL. • INDUSTRY STANDARD DOCUMENTS ARE ACCEPTABLE. • THE BID SECURITY SHALL IDENTIFY NJPA AS THE OBLIGEE/PAYEE. • THE BID SECURITY SHALL HAVE THE PROPOSER IDENTIFIED AS THE OBLIGOR/PAYOR. 3.32 THE PURPOSE OF THE NJPA SOLICITATION BID SECURITY IS TO ENSURE THAT THE AWARDED PROPOSER FOLLOWS THROUGH IN THE DEVELOPMENT AND EXECUTION OF THEIR MARKETING PLAN. NJPA RESERVES THE RIGHT TO ACTIVATE THE CASH VALUE OF THE BID SECURITY OR CASHIERS CHECK IN THE EVENT THE AWARDED PROPOSER FAILS TO INITIATE AND EMBRACE SAID MARKETING PLAN TO THE SATISFACTION OF NJPA. J. CERTIFICATE OF INSURANCE 3.33 Proposer shall procure and maintain insurance which shall protect the Proposer and NJPA (as an additional insured) from any claims for bodily injury,property damage, or personal injury covered by the indemnification obligations set forth herein. The Proposer shall procure and maintain the insurance policies described below at the Proposer's own expense and shall furnish to NJPA an insurance certificate listing the NJPA as certificate holder and as an additional insured. The insurance certificate must document that the Commercial General Liability insurance coverage purchased by the Proposer includes contractual liability coverage applicable to this Contract. In addition, the insurance certificate must provide the following information: the name and address of the insured;name, address, telephone number and signature of the authorized agent; name of the insurance company (authorized to operate in all fifty United States); a description of coverage in detailed standard terminology (including policy period,policy number, limits of liability, exclusions and endorsements); and an acknowledgment of notice of cancellation to the NJPA. 3.34 Proposer is required to maintain the following insurance coverage's during the term of the NJPA Contract: (1) Workers Compensation Insurance (Occurrence) with the following minimum coverage's: Bodily injury by accident--per employee $100,000; Bodily injury by disease--per employee $100,000; Policy 12 of 47 limits $500,000. In addition,Proposer shall require all subcontractors occupying the premises or performing work under the contract to obtain an insurance certificate showing proof of Workers Compensation Coverage with the following minimum coverage's: Bodily injury by accident--per employee $100,000; Bodily injury by disease--per employee $100,000;Policy limits $500,000. (2) Commercial General Liability Policy per occurrence $1,000,000. (3) Business Auto Policy to include but not be limited to liability coverage on any owned, non- owned and hired vehicle used by Proposer or Proposer's personnel in the performance of this Contract. The Business Automobile Policy shall have a per occurrence limit of$1,000,000. 3.35 The foregoing policies shall contain a provision that coverage afforded under the policies will not be canceled, or not renewed or allowed to lapse for any reason until at least thirty (30) days prior written notice has been given to NJPA. Certificates of Insurance showing such coverage to be in force shall be filed with NJPA prior to commencement of any work under the contract. The foregoing policies shall be obtained from insurance companies licensed to do business nationally and shall be with companies acceptable to NJPA, which must have a minimum AM Best rating of A-. All such coverage shall remain in full force and effect during the term and any renewal or extension thereof. 3.36 Within ten (10) days of contract award, the Proposer must provide NJPA with two (2) Certificates of Insurance. Certificates must reference NJPA RFP 031710 by number. K. ORDER PROCESS AND/OR FUNDS FLOW 3.37 Please propose an order process and funds flow in Tab 9 for your proposal.Please choose from one of the following: 3.37.1 B-TO-G: The Business-to-Government order process and/or funds flow model involves NJPA Members issuing Purchase Orders directly to a Vendor and pursuant to a Contract resulting from this RFP. 3.37.3 Other: Please fully identify. 1. ADMINISTRATIVE FEES 3.38 Proposer agrees to authorize and/or allow for an administrative fee payable to NJPA by an Awarded Vendor in exchange for its facilitation and marketing of a Contract resulting from this RFP to current and potential NJPA Members. This Administration Fee shall be: 3.38.1 Calculated as a percentage of the dollar volume of all products/services provided to and purchased by NJPA Members or calculated as reasonable and acceptable method applicable to the contracted transaction, and 3.38.2 Included in, and not added to, the pricing included in Proposer's Response to this RFP, and 3.38.3 Set based on the anticipated costs of NJPA's involvement in facilitating the establishment, Vendor training, and the order/product/funds flow of the Contract resulting from this RFP. 3.38.3.1 Typical administrative fees for a B-TO-G order process and funds flow is 2.0%. 3.39 The opportunity to propose these factors and an appropriate administrative fee is available in the Proposer's Questionnaire, and submitted in Tab 9 of your response. ail 4_1 NJPA requests Potential Proposers respond to this RFP only if they are able to offer a wide array of products/services and at prices lower and better value than what they would ordinarily offer to single government agency, larger school district, or regional cooperative. 4_2 RFP is an "Indefinite Quantity Product/Service Price Request" with potential national sales 13 of 47 distribution and service. Proposers are agreeing to fulfill Contract obligations regarding each product/service to which you provide a description and a price. If Proposer's solution requires additional supporting documentation, describe where it can be found in your submission. If Proposer offers the solution in an alternative fashion, describe your solution to be easily understood. All pricing must be tabbed and organized under Tab 9, and copied on a CD along with other requested information as a part of a Proposer's Response. 4_3 Regardless of the payment method selected by NJPA or NJPA Member, a total cost associated with any purchase option of the products/services and being supplied must always be disclosed at the time of purchase. 4_4 Primary Pricing/Secondary Pricing Strategies- All Proposers will be required to submit "Primary Pricing" in the form of either "Line-Item Pricing," "Percentage Discount from Catalog Pricing," or a combination of these two pricing strategies. Proposers are also encouraged to offer OPTIONAL pricing strategies including "Hot List," "Sourced Goods," and "Volume Discounts," as well as financing options such as leasing. A.LINE-ITEM PRICING 4_5 Line-Item pricing- A pricing format where specific individual products and/or services are offered at specific individual Contract prices. Products and/or services are individually priced and described by characteristics such as manufacture name, stock or part number, size, or functionality. This method of pricing offers the least amount of confusion as products and prices are individually identified, however Proposers with a large number of products to propose may find this method cumbersome. In these situations, a percentage discount from catalog or category pricing model may make more sense. 4_6 Unit Pricing: Unit Pricing is a line-item technique of pricing for services including the related materials for those services on a unitized basis. The unitized basis may be per quantitative measure such as per square foot, per lineal foot or per occurrence. As an example (not necessarily related to the scope of this RFP) , sheetrock may be line item priced as a product only, delivered to the end users location, AND unit priced delivered and installed at that end users location. The sheetrock, hung and taped, is a logical combination of product and service and could be priced per square foot. Whether pricing services, or logical combinations of products and services, pricing per unit of product and services must be quoted (i.e. cost per square foot of sheetrock hung and taped). 4_7 All Line-Item Pricing items must be numbered, organized, sectioned, including SKU's (when applicable) and easily understood by the Proposal Review Committee and members. 4_8 Line-Item Pricing items are to be submitted in an Excel spreadsheet format and are to include all appropriate identification information necessary to discern the line item from other line items in each Proposer's proposal. 4_9 The purpose for the excel spreadsheet format for Line-Item Pricing is to be able to use the "Find" function to quickly find any particular item of interest. For that reason, Proposers are responsible for providing the appropriate product and service identification information along with the pricing information which is typically found on an invoice or price quote for such products and services. 4.10 All products and services typically appearing on an invoice or price quote must be individually priced and identified on the line-item price sheet,including any and all ancillary costs. 4.11 Proposers are asked to provide both a "List" price as well as a "Proposed Contract Price" in their pricing matrix. "List"price will be the standard"quantity of one"price currently available to government and educational customers excluding cooperative and volume discounts 14 of 47 B. PERCENTAGE DISCOUNT FROM CATALOG OR CATEGORY 4.12 Percent Discount From Catalog,list or Category Pricing- A specific percentage discount from a "Base or List Price"defined as a published manufacturers list,or catalog price for the products or services being proposed. The "Base or List Price" is the price charged to an average government/education buyer absent reductions for cooperative or volume purchasing agreements. 4.13 Individualized percentage discounts can be applied individually to any number of defined product groupings. Product groupings can be defined by manufacturer, product type, or other factor as long as the Proposer sufficiently defines those product groupings 4.14 A Percentage Discount from Catalog or Category Pricing offered by the Proposer is acceptable if the products and equipment are far too numerous to name and price individually. 4.15 A Percentage Discount from Catalog or Category Pricing identifies a percentage discount to be applied to a"Base Price" for products from one or more published catalogs. The "Base Price"will be the price generally applicable to government and education customers absent the discounts contemplated herein. The catalog may be published by the Proposer or by the Proposer's supplier. "Published" means generally available to a dealer network distributing those products and services being proposed in either print or electronic formats where an "Auditor" may verify the "Base Price" of a product proposed during the term of a Contract. 4.16 When a Proposer elects to use "Percentage Discount from Catalog or Category," Proposer will be responsible for providing and maintaining current"Base or List Pricing"with NJPA both in their proposal and throughout the term of any Contract resulting from this RFP. 4.17 New "Base or List Price" Catalogs may be submitted for review throughout the term of the Contract. NJPA reserves the right to review subsequent catalogs submitted to determine if the represented products reflect the contracted products and equipment. Each new catalog received may have the effect of adding new product offerings and deleting products no longer carried by the Vendor. New catalogs shall apply to the Contract only upon approval of the NJPA. Non-approved use of catalogs will result in termination for convenience. New price lists or catalogs found to be offering non-contract items during the Contract would be grounds for terminating the Contract for convenience. New optional accessories for equipment may be added to the Contract at the time they become available. C. CORE LIST PRICING 4.18 Based on NJPA Members needs, a"CORE LIST"which contains a selection of most commonly used products/services is requested. Proposer must submit their anticipated "CORE LIST', including SKU's and pricing in a Line-Item format, in a separate spreadsheet labeled as "Core List." Consideration and valuation points will be given to the most advanced selection of commonly purchased Core list products/services. D. HOT LIST PRICING 4.19 Where applicable, NJPA also invites the Vendor, at their option, to offer a specific selection of products/services, defined as a Hot List Pricing, at greater discounts than those listed in the standard Contract pricing. All product/service pricing, including the Hot List Pricing, must be submitted in hard copy as well as electronically provided in Excel format. Hot List pricing must be submitted in a Line- Item format. Providing a "Hot List" of products/services is optional. Products/services may be added or removed from the "Hot List" at any time provided that current"Hot List"prices are provided to NJPA at all times. 4.20 Hot List pricing when applicable may also be used to discount and liquidate close-out and discontinued products/services as long as those close-out and discontinued items are clearly labeled as 15 of 47 such. Current ordering process and administrative fees apply. This option must be published and made available to all NJPA Members. 4.21 Hot List Pricing is allowed to change at the discretion of the Vendor within the definition of Hot List Pricing. The Vendor is responsible to maintain current Hot List product/service descriptions and Pricing with NJPA. E. CEILING PRICE 4.22 Proposal pricing is to be established as a ceiling price. At no time may the proposed products/services be offered pursuant to this Contract at prices above this ceiling price without approval by NJPA. Prices may be reduced to allow for volume considerations and to meet the specific and unique needs of an NJPA Member. 4.23 Allowable specific needs may include certain purchase volume considerations or the creation of custom programs based on the individual needs of NJPA Members. F. VOLUME PRICE DISCOUNTS 4.24 Proposers are free to offer volume discounts from the quantity-of-one pricing documented in a Contract resulting from this RFP. Volume considerations shall be determined between the Vendor and individual NJPA Members on a case-by-case basis. 4.25 Nothing in this Contract establishes a favored member relationship between the NJPA or any NJPA Member and the Vendor. The Vendor will, upon request by NJPA Member, extend this same reduced price offered or delivered to another NJPA Member provided the same or similar volume commitment, specific needs, terms, and conditions, a similar time frame, seasonal considerations and provided the same manufacturer support is available to the Vendor. 4.26 All price adjustments are to be offered equally to all NJPA Members exhibiting the same or substantially similar characteristics such as purchase volume commitments, and timing including the availability of special pricing from the Vendor's suppliers. G. SOURCED GOODS 4.27 NJPA and NJPA Members may, from time to time, request goods and/or products/services within the scope of this RFP which are not included in an awarded Vendor's line-item product/service listing or "list or catalog"known as Sourced Goods. 4.28 An awarded Vendor resulting from this RFP may "Source" these products/services for NJPA or NJPA Member to the extent they: 4.28.2 Provide as many quotes for the Member's "Total Cost of Acquisition" for the goods and services to be sourced as may reasonably be required by NJPA Member. 4.28.3 Provide "Sourced Goods" only to the extent that they are incidental to the total transaction being contemplated. H. TOTAL COST OF ACQUISITION 4.29 The Total Cost of Acquisition for the products/services being proposed, including those payable by NJPA Members to either the Proposer or a third party, shall be disclosed in the Proposer's Response including but not limited to: • The capitalized cost of the listed products/services being proposed, • The cost of accessories, alterations, and customizations typically incurred in the acquisition of the 16 of 47 products/services being proposed. • The cost of delivery, setup and installation (where applicable) of the products/services and any accessories being proposed. • Other costs, where applicable, typically associated with the purchase, delivery, set-up, and installation of the products/services being proposed and making it operational at the purchaser's site. 4.30 The Total Cost of Acquisition is to be stated "As Proposed." As an example, a materials only proposal, or portions of proposals, must include the total cost of acquisition for those materials delivered. In contrast, the Total Cost of Acquisition for a turn-key proposal must include the total costs to be incurred in the process of delivering that combination of products/services. I. REQUESTING PRODUCT AND SERVICE ADDITIONS/DELETIONS 4.31 Requests for product, service, and price additions, deletions, or changes must be made in written form and shall be subject to approval by NJPA. 4.32 New products/services may be added to a Contract resulting from this RFP at any time during that Contract to the extent those products/services are within the scope of this RFP. Those requests are subject to review and approval of NJPA. Allowable new products/services generally include new updated models of products/services and or enhanced services previously offered which could reflect new technology and improved functionality. 4.33 Proposers representing multiple manufacturers, or carrying multiple related product lines may also request the addition of new manufacturers or product lines to their Contract to the extent they remain within the scope of this RFP. 4.34 NJPA's due diligence in analyzing any request for change is to determine if approval of the request is 1) within the scope of the original RFP, and 2) in the "Best Interests of NJPA and NJPA Members." We are looking for consistent pricing and delivery mechanisms and an understanding of what value the proposal brings to NJPA and NJPA Members. 4.35 Documenting the "Best Interests of NJPA and NJPA Members" when out-dated equipment is being deleted is fairly straight forward since the product is no longer available and not relevant to the procurement Contract. 4.36 Requests must be in the form of 1) a cover letter to NJPA a) asking to add the product line, b) making a general statement identifying how the products to be added are within the scope of the original RFP, and c) making a general statement identifying that, if appropriate, the pricing is consistent with the existing Contract pricing and 2) the detail as to what is being added at what price will then be an attachment to that cover letter. 4.37 NJPA's intent here is to encourage Proposers to provide and document NJPA's due diligence in a clear and concise one page format on which we can stamp and sign our acknowledgment and acceptance. This information must ultimately come from Proposers, and NJPA is requiring it in this format. J. REQUESTING PRICING CHANGES 4.38 Price Decreases: Requests for standard Contract price decrease adjustments (percentage discount increases) are encouraged and will be allowed at any time based on market place efficiencies, market place competitiveness, improved technologies and/or improved methods of delivery or if Vendor engages in innovative procurement practices such as strategic sourcing, aggregate and volume purchasing. NJPA expects Vendors to propose their very best prices and anticipates price reductions due to the advancement of technologies and market place efficiencies. Documenting the "Best Interests of NJPA and NJPA Members"is pretty easy when we are documenting price reductions. 17 of 47 4.39 Price increases: Requests for standard contract price increases (or the inclusion of new generation products/services/services at higher prices) can be made at any time. These requests will again be evaluated by NJPA based on the best interests of NJPA and NJPA Members. As an example, typically acceptable requests for price increases for existing products/services may cite increases to the Vendor of input costs such as petroleum or other applicable commodities. Typically acceptable requests for price increases for new products/services enhance or improve on the current solutions currently offered as well as cite increases in utility of the new compared to the old. Vendors are requested to reasonably document the claims cited in their requests. Your written request for a price increase, therefore, is an exercise in describing what you need, and a justification for why you need it in sufficient detail for NJPA to deem such change to be in the best interests of our self and our Members. 4.40 Price Change Request Format: An awarded Proposer will use the format of a cover letter requesting price increases in general terms (a 5% increase in product line X) and stating their justification for that price increase (due to the recent increase in petroleum costs)by product category. Specific details for the requested price change must be attached to the request letter identifying product/services where appropriate, both current and proposed pricing. Attachments such as letters from suppliers announcing price increases are appropriate for documenting your requests here. K. PRICE AND PRODUCT CHANCES FORMAT 4.41 NJPA's due diligence regarding product and price change requests is to consider the reasonableness of the request and document consideration on behalf of our members. We would appreciate it if you would send the following documentation to request a pricing change: 4.41.1 A cover letter: a.Please address the following subjects in your cover letter: I. What product/service prices are changing? ii. How much are the prices changing? iii. Why are the prices changing? iv. Any additions or deletions from the previous product list and the reason for the changes. b. The specifics of the product/services and price changes will be listed in the excel spreadsheets indentified below. Please take a more general "Disclosure" approach to identifying changes in the cover letter. I. If appropriate, for example, state, "All paper products/services increased 5 % in price due to transportation costs." ii. If appropriate, for instance, state, "The 6400 series floor polisher added to the product list is the new model replacing the 5400 series. The 6400's 3% price increase reflects the rate of inflation over the past year. The 5400 series is now included in the "Hot List" at a 20% discount from previous pricing until remaining inventory is liquidated." 4.41.2 An excel spreadsheet identifying all products/services being offered and their pricing. Each subsequent pricing update will be saved using the naming convention of"[Vendor Name] pricing effective XX/XX/XXXX." a. Include all products/services regardless of whether their prices have changed. By observing this convention we will: I. Reduce confusion by providing a single, easy to find, current pricing sheet for each Vendor. ii. Create a historical record of pricing. L. SINGLE STATEMENT OF PRICING/HISTORICAL RECORD OF PRICING 4.42 Initially; and with each request for product addition, deletion, and pricing change; all 18 of 47 products/services and services available, and the prices for those products/services and services will be stated in an Excel workbook. The request for price changes described above will serve as the documentation for those requested changes. Each complete pricing list will be identified by its `Effective Date." Each successive price listing identified by its `Effective Date" will create a "Product and Price History"for the Contract. 4.43 Proposers may use the multiple tabs available in an Excel workbook to separately list logical product groupings or to separately list product and service pricing as they see fit. 4.44 All products/services together with their pricing, whether changed within the request or remaining unchanged, will be stated on each "Pricing" sheet created as a result of each request for product, service, or pricing change. 4.45 Each subsequent "Single Statement of Product and Pricing" will be archived by its effective date therefore creating a product and price history for any Contract resulting from this RFP. M. PAYMENT TERMS 4.46 Payment terms will be defined by the Proposer in the Proposer's Response. Proposers are encouraged to offer payment terms through P Card services. 4.47 Leasing- If available,identify any leasing programs available to NJPA and NJPA Members as part of your proposed. Proposers must submit an example of the lease agreement to be used. Proposers must identify: • General leasing terms such as: o The percentage adjustment over/under an index rate used in calculating the internal rate of return for the lease; and o The index rate being adjusted; and o The "Purchase Option" at lease maturity ($1, or fair market value); and o The available term in months of lease(s) available. • Leasing company information such as: o The name and address of the leasing company; and o Any ownership, common ownership, or control between the Proposer and the Leasing Company N. SALES FAN 4.48 Sales and other taxes, where applicable, shall not be included in the prices quoted. Vendor will charge state and local sales and other taxes on items for which a valid tax exemption certification has not been provided. Each NJPA Member is responsible for providing verification of tax exempt status to Vendor. When ordering, if applicable, NJPA Members must indicate that they are tax exempt entities. Except as set forth herein, no party shall be responsible for taxes imposed on another party as a result of or arising from the transactions contemplated by a Contract resulting from this RFP. O. SHIPPING AND SHIPPING PROGRAM 4.49 Shipping program for material only proposals, or sections of proposals, must be defined and tabbed under Tab 9 as a part of the cost of goods. If shipping is charged to NJPA or NJPA Member, only the actual cost of delivery may be added to an invoice. Shipping charges calculated as a percentage of the product price may not be used, unless such charges are lower than actual delivery charges. No COD orders will be accepted. It is desired that delivery be made within ninety-days (90) of receipt of the Purchase Order. 4.50 Any shipping cost charged to NJPA or NJPA Members will be considered to be part of"proposal pricing. 19 of 47 4.51 Additional costs for expedited deliveries will be at the additional shipping or handling expense to the NJPA Member. 4.52 Selection of a carrier for shipment will be the option of the party paying for said shipping. Use of another carrier will be at the expense of the requester. 4.53 Proposers must define their shipping programs for Alaska and Hawaii and any location not served by conventional shipping services. Over-size and over-weight items and shipments may be subject to custom freight programs. 4.54 Proposals containing restocking fees are less advantageous than those not containing re-stocking fees. That being said, certain industries cannot avoid restocking fees. Certain industries providing made to order goods may not allow returns. With regard to returns and restocking fees, Proposers will be evaluated based on the relative flexibility extended to NJPA and NJPA Members relating to those subjects. Where used, restocking fees in excess of 15% will not be considered excessive. Restocking fees may be waived, at the option of the Proposer/Vendor. Indicate all shipping and re-stocking fees in price program under Tab 9. 4.55 Proposer agrees shipping errors will be at the expense of the Vendor. For example,if a Vendor ships a product that was not ordered by the member, it is the responsibility of the Vendor to pay for return mail or shipment at the convenience of the member. 4.56 Unless specifically stated otherwise in the "Shipping Program" of a Proposer's Response, all prices quoted must be F.O.B. destination with the freight prepaid by the Vendor. Time is of the essence on this Contract. If completed deliveries are not made at the time agreed, NJPA or NJPA Member reserves the right to cancel and purchase elsewhere and hold Vendor accountable. If delivery dates cannot be met, Vendor agrees to advise NJPA or NJPA Member of the earliest possible shipping date for acceptance by NJPA or NJPA Member. 4.57 Goods and materials must be properly packaged. Damaged goods and materials will not be accepted, or if the damage is not readily apparent at the item of delivery, the goods shall be returned at no cost to NJPA or NJPA Member. NJPA and NJPA Members reserve the right to inspect the goods at a reasonable time subsequent to delivery where circumstances or conditions prevent effective inspection of the goods at the time of delivery. 4.58 Vendor shall deliver Contract conforming products in each shipment and may not substitute products without approval from NJPA Member. 4.59 NJPA reserves the right to declare a breach of Contract if the Vendor intentionally delivers substandard or inferior products which are not under Contract and described in its paper or electronic price lists or sourced upon request to any member under this Contract. In the event of the delivery of a non-conforming product, NJPA Member will immediately notify Vendor and Vendor will replace non- conforming product with conforming product. 4.60 Throughout the term of the Contract, Proposer agrees to pay for return shipment on goods that arrive in a defective or inoperable condition.Proposer must arrange for the return shipment of damaged goods. 4.61 Unless contrary to other parts of this solicitation, if the goods or the tender of delivery fail in any respect to conform to this Contract, the purchasing member may: 1) reject the whole, 2) accept the whole or 3) accept any commercial unit or units and reject the rest. P. NORMAL WORDING HOURS 4.62 Prices quoted are for products/services delivered during normal business hours. Normal Business 20 of 47 hours will be as specifically defined herein, defined through industry standards OR defined through statement contained in the purchase/work order issued pursuant to a Contract resulting from this RFP. 5_1 Internal Marketing Plan: An award of Contract resulting from this RFP is an opportunity for the awarded contractor to pursue commerce with, and deliver value to NJPA and NJPA Members nationwide. An award of Contract is not an opportunity to see how much business NJPA can drive to an awarded Vendor's door. Your internal marketing plan should serve to: 5.1.1 Identify the appropriate levels of sales management whom will need to understand the value of, and the internal procedures necessary to deliver this Contract opportunity to NJPA and NJPA Members through your sales force. 5.1.2 Identify, in general,your national foot print and dedicated feet-on-the-street sales force that will be carrying this Contract message and opportunity in the field to NJPA Members. Outline the sale force in terms of numbers and geographic distribution. 5.1.2.1 Identify whether your sales force are employees or independent contractors. 5.1.3 Identify your plan for delivering training to these individuals. 5.1.3.1 Will you have your sales force gathered at national or regional events in the near future? Does you sales force have the ability to participate in webinar or webcast events? 5.1.3.2 NJPA is prepared to provide our personnel in your location for sales training and/or on a webinar or webcast where sufficient efficiencies can be shown in reaching the appropriate groups within your employee base, and sufficient numbers of personnel trained. 5.1.4 Identify your personnel involved in training. 5.1.4.1 NJPA can provide personnel to deliver training regarding the Contract itself, the authority of NJPA to offer the Contract vehicle to its Members, the value the Contract vehicle delivers to NJPA and NJPA Members, the scope of NJPA Membership, and the authority of NJPA Members to utilize our procurement contracts. 5.1.4.2 Your personnel will be needed to provide training regarding employee compensation and internal procedures when delivering the Contract opportunity, and how this Contract purchasing opportunity relates with other such opportunities available. 5_2 Success in marketing is dependent upon 1) the delivery of value as defined in section 1.4, 2) the delivery of knowledge of the program and its proper use and utility, and 3) the delivery of opportunity and reward which creates a personal commitment to the program. NJPA desires a marketing plan that: 5.2.1 identifies the value delivered in a competitively proposed national cooperative procurement contract by relieving both the NJPA Member and the Vendor/Vendor's sales staff of the responsibility for bringing and answering many similar and individual RFP's; and 5.2.2 identifies the appropriate Vendor personnel from both management and sales staff s who will be trained on the use and utility of such a contract and a general schedule of when and how those individuals will be trained; and 5.2.3 identifies in general how the reward system for the marketing, delivery, and service chain of the Vendor will be affected by the implementation of the proposed Contract and how that will be 21 of 47 proposed to those individuals in terms of the value created for them and their departments in 5.1.1 above. 5_3 External Marketing Plan:NJPA is seeking the ability to serve all our current and potential members nationwide. The Proposer must demonstrate the ability to both market and service their products/services/services nationwide. Please demonstrate your sales and service force contains sufficient people in sufficient proximities, to receive the knowledge, opportunity, and reward in order to make a personal commitment to serving NJPA and NJPA Members nationwide. 5_4 The Proposer must exhibit the willingness and ability to develop marketing materials and participate in marketing venues such as: 5.4.1 Printed Marketing Materials. Proposer will initially produce and thereafter maintain full color print advertisements in camera ready electronic format including company logos, identifying the Vendor, the Vendor's general utility for NJPA and NJPA Members, and contact information to be used by NJPA and NJPA Members in a full page, half page, and quarter page formats. These advertisements will be used in the NJPA Catalog and publications. 5.4.2 Press releases and advertisements. Proposer will identify a marketing plan identifying their anticipated press releases, contract announcements, advertisements in industry periodicals, or other direct or indirect marketing activities. 5.4.3 Proposer's Website. Proposer will identify how an Awarded Contract will be displayed on the Proposer's website. An on-line shopping experience for NJPA and NJPA Members is desired when applicable and will be viewed as a value-added attribute to a Proposer's Response. 5.4.4 Trade Shows. Proposer will outline their proposed involvement in the promotion of a Contract resulting from this RFP through trade shows. Vendors are encouraged to identify trade- show, and other appropriate venues, for the promotion of any such Contract. Vendors are strongly encouraged to participate in cooperation with NJPA at the following NJPA embraced trade shows: NAEP National Association of Education Procurement I-ASBO International Association of School Business Officials NIGP National Institute of Government Purchasing 5_5 Proposer must also work in cooperation with NJPA to develop a marketing strategy and provide avenues to equally market and drive sales through the Contract and program to all NJPA Members nationally. Awarded Vendor agrees to actively market in cooperation with NJPA all available products/services to current and potential NJPA Members. NJPA reserves the right to deem a proposer non-responsive or to waive an award based on an unacceptable marketing plan. 5_6 As a part of this response, submit a complete Marketing Plan on how you would help NJPA rollout this program to current and potential NJPA Members. NJPA requires the Vendor actively promote the Contract in cooperation with the NJPA. Vendors are advised to consider marketing efforts in the areas of 1) Website Link from Vendors website to NJPA's website, 2) Attendance and participation with a display booth at national trade shows as agreed upon/required by NJPA, and 3) Sales team and sales training programs involving both Vendor sales management and NJPA staff. NJPA requires awarded Vendors to offer the NJPA Contract opportunity to all current and qualified NJPA Members. 5_7 Facilitating NJPA Membership: Proposer should express their commitment to determine the membership status of their customers whom are eligible for NJPA Membership, AND their commitment to establishing that membership. 22 of 47 5.7.1 Membership information: Proposer should further express their commitment to capturing sufficient member information as is deemed necessary by NJPA to appropriately facilitate membership and certain marketing activities as agreed to by NJPA and an Awarded contractor. 0,111 1 '° 0 C l?'0 X, ,l D[ 1?',F 6_1 Sealed and properly identified Proposer's Responses for this RFP entitled "PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES" will be received by Gregg Meierhofer, Manager of Bids and Contracts, at NJPA Offices, 200 First Street NE, Staples, MN 56479 until the deadline for receipt of, and opening of proposals at 2:00 p.m. on March 17, 2010. The NJPA Director of Contracts and Marketing, or Representative from the NJPA Proposal Review Committee, will then read the Proposer's names aloud. A summary of the responses to this RFP will be made available for public inspection in the NJPA office in Staples, MN. Specifications are available for pick up or mail delivery beginning February 15, 2010 and continuing until 4:00 p.m. on March 8, 2010. A letter or e-mail request is required to receive a complete RFP package. Send or communicate all requests to the attention of Gregg Meierhofer 200 1st Street Northeast Staples, MN 56479 or RFP@njpacoop.org to receive a complete copy of this RFP. Method of delivery needs to be indicated in the request; an email address is required for electronic transmission. Oral, facsimile, telephone or telegraphic Proposal Submissions or requests for this RFP are invalid and will not receive consideration. All Proposal Responses must be submitted in a sealed package. The outside of the package shall plainly specify "PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES" To avoid premature opening, it is the responsibility of the Proposer to label the Proposal Response properly. 7 l 1 C. w 11(),,,,,,1 O,l C''E�(),1' [ `, 7_1 NJPA will use a 1,000 Point Evaluation System to help determine the best overall Proposer(s) selection. Bonus points may be available for specific proposal characteristics identified such as "Green Product Certifications." 7_2 NJPA reserves the right to use a"Cost Scoring Evaluation" through a product comparison process of like products/services. This process will establish points for submitted price levels. See Cost Scoring Evaluation. 7_3 NJPA shall use a final overall scoring system to include consideration for best price and cost evaluation. The total possible score is 1,000 points. NJPA reserves the right to assign any number of point awards or penalties it considers warranted if a Proposer stipulates exceptions, exclusions, or limitations of liabilities. 7_4 To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set forth under"Proposer Responsiveness." 7_5 Responses will be evaluated first for responsiveness and thereafter for content. The NJPA Board of Directors will make awards to the selected Proposer(s) based on the recommendations of the Proposal Review Committee. 7.6 The procurement activities of the NJPA Proposal Review Committee are limited to document preparation, answering Proposer questions, advertising the solicitation, distribution of this RFP upon request, conducting an evaluation and making recommendation for possible approval to NJPA Board of Directors. 23 of 47 7_7 Proposer's Responses received after the deadline for submission will be invalid and returned to the Potential Proposer unopened. 7_8 An essential part of the proposal evaluation process is an evaluation to qualify the Proposer being considered. All proposals must contain answers or responses to the information requested in the proposal forms. Any Proposer failing to provide the required documentation may be considered non-responsive. 7_9 Deviations or exceptions stipulated in Proposer's Response may result in the proposal being classified as non responsive. 7.10 To qualify for evaluation, a proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. A proposal must reasonably and substantially conform to all the terms and conditions in the solicitation to be considered responsive. 7.11 The Proposal Review Committee shall utilize the following criteria to evaluate all proposals received. Items 1-4 constitute the test for "Level One Responsiveness" and are determined on the proposal opening date. "Level 2" responsiveness is determined through the evaluation of the remaining items listed below. These items are not arranged in order of importance and each item may encompass multiple areas of information requested. 1. The proposal response is received prior to the deadline for submission. 2. The proposal package was properly addressed and identified. 3. The proposal response contains the required proposed security. 4. The proposal response contains original signatures on all documents requiring such. 5. Certificate of Insurance as required herein. 6. Response's conformance to terms and conditions as described in the solicitation,including documentation. 7. Possesses qualifications as a responding Proposer that meets or exceeds those set within the solicitation. 8. Information from references and past performance information including past member approval. 9. Demonstrates that they offer the most current industry standard products/services and/or services. 10. Demonstrates financial stability and a favorable banking line of credit. 11. Demonstrates their products/services and/or services proposed meet and/or exceed industry standards accepted by educational or governmental institutions. 12. Has demonstrated market place success and their past performance exhibit an acceptable reputation. 13. Demonstrates the company possesses the background,knowledge, capacity, and ability to sell, deliver, and support products/services offered to Members. 14. Has provided documentation defining, outlining, and describing their concept of a national marketing program they will be implementing to facilitate and coordinate the cooperative activities required by an awarded Contract. 15. Has provided all of the required and applicable documentation required i.e.proposed security, insurance certificates, licenses, and/or registration certificates required to do business nationally. 16. Line-Item Pricing,in approved excel format, listing of all of the proposed products/services and warranty provisions with their associated units of costs. 17. Core List selection of products/services in Line-Item Pricing format 18. Hot List Pricing products/services in a Line-Item Pricing format(where applicable). 19. Contract Pricing submitted as requested to include core list or products/services, Line-Item Pricing and/or Percentage Discount from published gov/ed price list or Catalog. 24 of 47 C. i"11�0q`(.)SAp, 1:,'1VA1, JA 1(Y CIUi"i°,JU 7.12 If a manufacturer or supplier chooses not to produce or supply goods and services to meet the scope of this RFP, such action will be considered sufficient cause to reduce evaluation points. 7.13 Consideration will be given in the award based on the completion and degree of information provided regarding available products, equipment, and accessories, as well as, applicable parts of the Proposer Information and Questionnaire. 7.14 The fact a manufacturer or supplier chooses not to produce or provide equipment products or services to meet the intent and scope of this RFP will not be considered sufficient cause to adjudge this RFP as restrictive. 7.15 The Proposer is required to have extensive knowledge and at least three (3)years experience with the related activities surrounding the selling of the equipment, service or related products offered. 7.16 NJPA reserves the right to accept or reject newly formed companies solely based on information provided in the proposal and/or its own investigation of the company. 7.17 Consideration will be given in the proposal evaluation based upon the selection, variety, technological advances, and demonstrated quality of products submitted, technological advances, and pricing. The ability of the Proposer to communicate the value of these factors and to demonstrate how the depth and breadth of their product and service offerings provide NJPA and NJPA Members with a sole source of responsibility within the scope of this RFP will be positively reviewed. 7.18 Consideration will also be given to proposals demonstrating technological advances, provide increased efficiencies, expanded service and other related improvements beyond today's NJPA member's needs and applicable standards. 7.19 Strong consideration will be given to a Proposer's past performance, distribution model, and the demonstration their ability to effectively market and service NJPA Membership nationally. 7.20 Strong consideration will be given to the best price as it relates to the quality of the product and service. However,price is ultimately one of the factors taken into consideration in evaluation and award. 7.21 Evaluation of a Proposer's Responses will take into consideration as a minimum response but not necessarily limited to the following: I. Adherence to all requirements of this RFP as defined by industry standards. 2. Prior knowledge of and experience with a Proposer in terms of past performance and market place success. 3. Capability of meeting or exceeding current and future needs or requirements of NJPA and NJPA Members. 4. Evaluation of Proposer's ability to market to and provide service to all NJPA Members nationally. 5. Financial condition of the Proposer. 6. Nature and extent of company data furnished in Proposer's Response. 7. Quality of products, equipment, and services offered including value added related services. 8. History of member service to NJPA type customers. 9. Overall ability to perform sales, solutions and contract support as submitted. 10. Ability to meet service and warranty needs. 11. History of meeting shipping and delivery expectations of contracted products/services. 12. Technology advancements and related provisions. 13. Ability to market and promote the Contract within current business practices. 14. Willingness to develop and enter into NJPA Contract and business relations. 25 of 47 15. Favorable bond rating and applicable industry standard licensing ability. 16. Past market place successes and brand recognition. 17. Demonstrated warranty and product/service responsibility. 7.22 The Proposer's ability to follow the proposal preparation instructions set forth in this solicitation will also be considered to be an indicator of the Proposer's ability to follow other future instructions should they receive an award as a result of this solicitation. Any Contract between NJPA and a Proposer requires the delivery of information and data. The quality of organization and writing reflected in the proposal will be considered an indication of the quality of organization and writing which would be prevalent if a Contract was awarded. As a result, the proposal will be evaluated as a sample of data submission. 7.23 A proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. 7.24 NJPA reserves the right to reject the Proposer's Response of the apparent successful Proposer where the available evidence or information does not exhibit the ability or intent to satisfy NJPA that the potential Vendor is unable to properly carry out the terms of this RFP and potential Contract. 7.25 NJPA shall reserve the right to reject any or all proposals. NJPA also reserves the right to reject a proposal not accompanied by required bid security, other data required by this RFP, or if a Proposer's Response is incomplete or irregular. The NJPA shall reject all proposals where there has been collusion among the Proposers. 7.26 Overall Evaluation (FORM G) - The NJPA Proposal Review Committee will evaluate proposal received based on a 1,000 point evaluation system. The Committee will establish both the evaluation criteria and designate the relative importance of those criteria by assigning possible scores for each category. 7.27 Bonus Evaluation Points- Bonus evaluation points may be awarded by the NJPA Proposal Review Committee based on criteria identified as being both"optional" and"having additional value" HNA1,aJA"i'➢ON 7.28 Cost evaluation may be used to make a best value determination. NJPA reserves the right to use this process in the event the evaluation committee feels it is necessary to make a final determination. 7.29 This process will be based on a point system with points being awarded for being low to high Proposer for each cost evaluation item selected. A "Market Basket" of identical (or substantially similar) products/services shall be selected by the NJPA proposal Review Committee and the unit cost will be used as a basis for determining the point value. The "Market Basket:"will be selected by NJPA from all product categories as determined appropriate by NJPA. The low priced Proposer will receive the full point value and all other Proposers will receive points as follows: Lowest price Proposal= 5 (where there are five proposers), and inferior proposals =4, 3, 2, 1 points each. The Total Score for each proposer will be the sum of all points earned. The result of this process shall not be the sole determination for award. 7.30 NJPA reserves the right to request and test products/services and/or services from the apparent successful Proposer. Prior to the award of the Contract, the apparent successful Proposer, if requested by NJPA, shall furnish current information and data regarding the Proposer's resources, personnel, and organization within three (3) days. 26 of 47 ➢M`'(;.Ml ATH Y 7.31 Past performance information is relevant information regarding a Proposer's actions under previously awarded contracts to schools, local, state, and governmental agencies and non-profit agencies. It includes the Proposer's record of conforming to specifications and standards of good workmanship. The Proposer's history for reasonable and cooperative behavior and commitment to member satisfaction shall be under evaluation. Ultimately, Past Performance Information can be defined as the Proposer's businesslike concern for the interests of the NJPA Member. 7.32 NJPA reserves the right to waive any minor formalities or irregularities in any proposal and to accept proposals,which,in its discretion and according to the law, may be in the best interest of its members. A. 8_1 Purchase Order- Purchase Orders for goods and services may be executed between NJPA or NJPA Members (Purchaser) and awarded Vendor(s) or Vendor's sub-contractors pursuant to this invitation and any resulting Contract. NJPA Members are instructed to identify on the face of such Purchase orders that "This purchase order is issued pursuant to NJPA procurement contract#XXXXXX." A Purchase Order is an offer to purchase goods and services at specified prices by NJPA or NJPA Members pursuant to a Contract resulting from this RFP. Purchase Order flow and procedure will be developed jointly between NJPA and an Awarded Vendor after an award is made. 8_2 Governing Law- Purchase Orders, as identified above, shall be construed in accordance with, and governed by, the laws of a competent jurisdiction with respect to the purchaser. Each and every provision of law and clause required by law to be included in the Purchase Order shall be read and enforced as though it were included. If through mistake or otherwise any such provision is not included, or is not currently included, then upon application of either part the Contract shall be physically amended to make such inclusion or correction. The venue for any litigation arising out of disputes related to Purchase Order(s) shall be a court of competent jurisdiction to the Purchaser. 8_3 Additional Terms and Conditions- Additional terms and conditions to a Purchase Order may be proposed by NJPA,NJPA Members, or Vendors. Acceptance of these additional terms and conditions is OPTIONAL to all parties to the Purchase Order. The purpose of these additional terms and conditions is to, among other things; formerly introduce job or industry specific requirements of law such as prevailing wage legislation. Additional terms and conditions can include specific local policy requirements and standard business practices of the issuing Member. Said additional terms and conditions shall not interfere with the general purpose and intent of this RFP. 8_4 Asset Management Contracts: Asset Management type contracts can be initiated pursuant to a Contract resulting from this RFP at any time during the term of said Contract. The establishment of such Asset Management Contracts cannot exceed the authorized term of a Contract resulting from this RFP; however the Asset Management Contract term may extend beyond the maturity date of a Contract resulting from this RFP. 8_5 Specialized Service Requirements- In the event service requirements or specialized performance requirements such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements not addressed in the Contract resulting from this RFP,NJPA Member and Vendor may enter into a separate, stand alone agreement, apart from a Contract resulting from this RFP. Any proposed service requirements or specialized performance requirements require pre-approval by Vendor. Any separate agreement developed to address these specialized service or performance requirements is exclusively between the NJPA Member and Vendor. NJPA, its agents, Members and 27 of 47 employees shall not be made party to any claim for breach of such agreement. Product sourcing is not considered a service. NJPA Members will need to conduct procurements for any specialized services not identified in this Contract. 8_6 Performance Bond- At the request of the member, a Vendor will provide all performance bonds typically and customarily required in their industry. These bonds will be issued pursuant to the requirements of Purchase Orders for goods and services. If a purchase order is cancelled for lack of a required performance bond, it shall be the recommendation of NJPA that pending Purchase Orders with all NJPA Members be considered for cancellation. Each member has the final decision on Purchase Order continuation. ANY PERFORMANCE BONDING REQUIRED BY THE MEMBER OR CUSTOMER STATE LAWS OR LOCAL POLICY IS TO BE MUTUALLY AGREED UPON AND SECURED BETWEEN THE VENDOR AND THE CUSTOMER/MEMBER. 8_7 A Potential NJPA Member is generally stated as any unit of government, education, or non-profit organization nationwide (and with possible international distribution). A properly executed Membership creates the necessary "Paper Trail" connection between the Member and NJPA. Membership in NJPA is required to participate in any NJPA contract. Any Member of NJPA who is in compliance with the terms and conditions of membership shall have the option and freedom to access any of the procurement contracts of NJPA. 8_8 Awarded Vendors must agree to facilitate in the NJPA Membership process as part of connecting NJPA members to NJPA contracts. Potential NJPA Members may request membership with NJPA through the following methods: • Potential members can complete their membership through on-line submission, or through a printable form available on-line at njpacoop.org. • Potential Members may also submit proposed membership documentation which complies with their State and local Laws,rules and regulations for NJPA review. 8_9 As part of the Contract award, it is the responsibility of the Vendor to facilitate the membership process. 8.10 It is agreed the completion of a Member Sign-up form expressing the Qualifying Member's decision to participate under a Contract resulting from this RFP, signifies the NJPA Member's acceptance of a Contract resulting from this RFP, and all its specifications, terms and conditions therein. 8.11 A report of the total gross dollar volume of all products/services purchased by NJPA Members as it applies to this RFP and Contract will be provided quarterly to NJPA. The form and content of this reporting will be developed by NJPA in cooperation with the Vendor to include, but not limited to, name and address of purchasing agency, amount of purchase, and a description of the items purchased. pA I p IT'S 8.12 During the Term, Vendor will, upon not less than fourteen (14)business days' prior written request, make available to NJPA no more than once per calendar year, at Vendor's corporate offices, during normal business hours, the invoice reports and/or invoice documents from Vendor pertaining to all invoices sent by Vendor and payments made by NJPA members for all products/services purchased under this Contract. NJPA may employ an independent auditor or NJPA may choose to conduct such audit on its own behalf. Vendor shall have the right to approve the independent auditor, which approval shall not be unreasonably withheld. Upon approval and after the auditor has executed an appropriate confidentiality agreement, Vendor will permit the auditor to review the relevant Vendor documents. NJPA shall be responsible for paying the auditor's fees. The parties will make every reasonable effort to fairly and equitably resolve discrepancies to the satisfaction of both parties. Vendor agrees that the NJPA 28 of 47 may audit their records with a reasonable notice to establish total compliance and to verify prices charged hereunder of the Contract are being met. Vendor agrees to provide verifiable documentation and tracking in a timely manner. I',. Ilia.J6 q'Ai i"1 I',i� 8.13 Hub Partner: When Applicable, NJPA Members may, from time to time, request a Vendor resulting from this RFP to serve them through a"Hub Partner"for the purposes of complying with a Law, Regulation, or Rule to which the individual NJPA Member deems to be applicable in their jurisdiction. An Awarded Vendor resulting from this RFP may reject such a request provided they provide written notice of that rejection. 8.14 Hub Partner Fees: Fees, costs, or expenses levied upon the NJPA Member OR the Vendor for the services provided by the Hub Partner in the transaction provide that: 8.14.1 The NJPA Member be notified by the Vendor that additional charges may apply; and 8.14.2 The Vendor document the transaction to be "Executed for the Benefit of[NJPA Member Name]"on the face of all transactional and warranty documentation. 8.15 Where Appropriate, the value in US Dollars, of Trade-ins will be negotiated between NJPA or an NJPA Member, and an Awarded Vendor. That identified"Trade-In"value shall be credited in full against the NJPA purchase price identified in a purchase order issued pursuant to any Awarded NJPA procurement contract. The full value of the trade-in will be consideration to that purchase order. 8.16 Vendor shall immediately notify NJPA members upon receipt of order(s) when an out-of -stock occurs. Vendor shall inform the NJPA member regarding the anticipated date of availability for the out- of- stock item(s), and may suggest equivalent substitute(s). • The ordering organization shall have the option of accepting the suggested equivalent substitute, or canceling the item from the order. • Under no circumstance is Proposer permitted to make unauthorized substitutions. • Unfilled or substituted item(s) shall be indicated on the packing list. I9. i" '°,i V➢� i"➢� � OF' CONTJ"ACi"i0? 1J1 "i1M'J FROM'1111w N,` 8.17 NJPA reserves the right to cancel the whole or any part of a resulting Contract due to failure by the Vendor to carry out any obligation, term or condition as described in the below procedure. Prior to any termination for cause, the NJPA will provide written notice to the Vendor, opportunity to respond and opportunity to cure according to the steps in the procedure in this Cancellation Section. Some examples of material breach are the following: • The Vendor provides material that does not meet reasonable quality standards and is not remedied under the warranty; • The Vendor fails to ship the products or provide the services within a reasonable amount of time; • NJPA has reason to believe the Vendor will not or cannot perform to the requirements of the Contract and issues a request for assurance as described herein and Vendor fails to respond; • The Vendor fails to observe any of the material terms and conditions of the Contract; and/or, • The Vendor fails to follow the established procedure for purchase orders,invoices and/or receipt of funds as established by the NJPA and the Vendor in the Contract. • The Vendor fails to report quarterly sales volume; 29 of 47 • The Vendor fails to actively market this Contract within the guidelines provided in this RFP and the expectations of NJPA. 8.18 Each party shall follow the below procedure if the Contract is to be terminated for violations or non-performance issues: Step 1: Issue a warning letter outlining the violations and/or non-performance and state the length of time (10 days)to provide a response and correct the problem(s)if reasonably possible in such time frame. Step 2: Issue a letter of intent to cancel Contract,if the problem(s)is not resolved within fifty (50) days. Step 3: Issue letter to cancel Contract for cause. 8.19 Upon receipt of the written notice of concern, the Vendor shall have ten (10) business days to provide a satisfactory response to the NJPA. Failure on the part of the Vendor to reasonably address all issues of concern may result in Contract cancellation pursuant to this Section. 8.20 Any termination shall have no effect on purchases that are in progress at the time the cancellation is received by the NJPA. The NJPA reserves the right to cancel the Contract immediately for convenience, without penalty or recourse,in the event the Vendor is not responsive concerning the remedy, the performance, or the violation issue within the time frame, completely or in part. 8.21 NJPA reserves the right to cancel or suspend the use of any Contract resulting from this RFP if the Vendor files for bankruptcy protection or is acquired by an independent third party. Prior to commencing services under this Contract, the Proposer/Vendor must furnish NJPA certification from insurer(s) proving level of coverage usual and customary to the specific industry. The coverage is to be maintained in full effect during the Contract period. Vendor must be willing to provide, upon request, certification of insurance to any NJPA member or member using this Contract. 8.22 Either party may execute Contract termination without cause with a required 60-day written notice of termination. Termination of Contract shall not relieve either party of financial, product or service obligations incurred or accrued prior to termination. 8.23 NJPA may cancel any Contract resulting from this solicitation without any further obligation if any NJPA employee significantly involved in initiating, negotiating, securing, drafting or creating the Contract on behalf of the NJPA is found to be in collusion with any Proposer to this RFP for their personal gain. Such cancellation shall be effective upon written notice from the NJPA or a later date if so designated in the notice given. A terminated Contract shall not relieve either party of financial, product or service obligations due to participating member or NJPA. 8.24 Events of Automatic termination to include: • Vendor's or NJPA's voluntary or involuntary bankruptcy or insolvency; • Vendor's failure to remedy a material breach of a Contract resulting from this RFP within sixty (60)days of receipt of notice from NJPA specifying in reasonable detail the nature of such breach; and/or, • Receipt of written information from any authorized agency finding activities of Vendors engaged in pursuant to a Contract resulting from this RFP to be in violation of the law. A. 9_1 As a policy,NJPA shall advertise this solicitation 1) for two consecutive weeks in both the print and on-line editions of the MINNEAPOLIS STAR TRIBUNE, 2)it shall be placed on a national wire service 30 of 47 by the MINNEAPOLIS STAR TRIBUNE, 3)it shall be posted on NJPA's website, 4)it shall be posted to the NJPA website and "Noticetobidders.com,"and 5)it shall be posted to other third-parry websites deemed appropriate by NJPA. Other third party advertisers may include Onvia and Bidsync. 11. ADVI"R i"➢S➢M'i 011"' `��� �.i"i �:`"i" i °,�° C.Jp,i"➢5 � FROM THIS RF]"I 9_2 Proposer/Vendor shall not advertise or publish information concerning this Contract prior to the award being announced by the NJPA. Once the award is made, a Vendor is expected to advertise the awarded Contract to both current and potential NJPA Members. 9_3 NJPA Compliance with Minnesota Procurement Law: Contracts awarded through NJPA are intended to meet the procurement laws of all states and NJPA will exhaust all avenues to comply with as many state laws as possible. It is the responsibility of each participating NJPA member to insure to their satisfaction that these laws are satisfied. An individual NJPA member using these contracts is deemed by their own accord to be in compliance with proposal regulations. NJPA encourages the awarded Vendor to assist NJPA and the NJPA member in this research to the benefit of all involved. 9_4 Governing Law: All applicable portions of the Minnesota Uniform Commercial Code and all other applicable Minnesota laws shall govern contracts with the National Joint Powers Alliance®. Any claims pertaining to this RFP and any resulting Contract that develop between NJPA and any other party must be brought forth only in courts in Todd County in the State of Minnesota. 9_5 Vendor Compliance with applicable law: Vendor(s) shall comply with all federal, state, or local laws applicable to or pertaining to the sale of the products/services resulting from this RFP. All such laws,whether or not herein contained, shall be included by this reference. It shall be Proposer's/Vendor's responsibility to determine the applicability and requirements of any such laws and to abide by them. 9_6 Indemnity: Each party agrees it will be responsible for its own acts and the result thereof to the extent authorized by law and shall not be responsible for the acts of the other party and the results thereof. NJPA's liability shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, Section §3.736, and other applicable law. 9_7 Prevailing Wage: It shall be the responsibility of the Vendor to comply, when applicable, with prevailing wage legislation in effect in the jurisdiction of the purchaser(NJPA or NJPA Member). It shall be the responsibility of the Vendor to monitor the prevailing wage rates as established by the appropriate department of labor for any increase in rates during the term of this Contract and adjust wage rates accordingly. 9_8 Patent and Copyright infringement: If an article sold and delivered to NJPA or NJPA Members hereunder shall be protected by any applicable patent or copyright, the Vendor agrees to indemnify and save harmless NJPA and NJPA Members against any and all suits, claims,judgments, and costs instituted or recovered against it by any person whosoever on account of the use or sale of such articles by NJPA or NJPA Members in violation or right under such patent or copyright. p:�. /�����➢�:rt l �',1 "i"�ill;: �:`��1� i"i�,�4�"i" 9_9 No right or interest in this Contract shall be assigned or transferred by the Proposer/Vendor without prior written permission by the NJPA. No delegation of any duty of the Proposer/Vendor shall be made without prior written permission of the NJPA. The NJPA shall notify the members within fifteen (15) days of receipt of written notice by the Vender. After issuance the awarded Contract may be reassigned to a comparable Vendor at the discretion of NJPA. 31 of 47 9.10 If the original Vendor sells or transfers all assets or the entire portion of the assets used to perform this Contract, a successor in interest must guarantee to perform all obligations under this Contract. NJPA reserves the right to reject the acquiring person or entity as a Vendor. A simple change of name agreement will not change the contractual obligations of the Vendor. ,. q"1i�0q'OS11'1,i6 p.,➢ST 9.11 NJPA will not maintain or communicate to a proposers list. All interested proposers must respond to the solicitation as a result of one of the methods of proposal advertisements listed above. Because of the scope of the potential Members and national Vendors,NJPA has determined this to be the best method of fairly soliciting proposals. F CM`i'➢ONS, 119:i?M)IM"iS, AM) ➢p,i.,aJSNUT➢ONS 9.12 The captions, illustrations, headings, and subheadings in this solicitation are for convenience and ease of understanding and in no way define or limit the scope or intent of this request. 9.13 If a Proposer wishes to withhold any part of its proposal from public inspection, then a statement advising the NJPA of this fact shall accompany the submission. NJPA shall review the statement to determine whether the information shall be withheld. If NJPA determines to disclose the information, the Executive Director of NJPA shall inform the Proposer,in writing, of such determination prior to award of Contract to Proposer. 19. i:: / i'/ i"'i�I VACY 9.14 Proposer agrees to abide by all applicable STATE and FEDERAL laws and regulations including HIPPA concerning the handling and disclosure of private and confidential information regarding individuals. Proposer agrees to hold NJPA harmless from its unlawful disclosure and/or use of private/confidential information. 9.15 The Contract, as defined herein, shall constitute the entire understanding between the parties to that Contract. 9.16 A Contract resulting from this RFP is formed when the NJPA Board of Directors approves and signs the applicable Acceptance and Award Form document(see Form D). JU F(.MCH, MA.11?NO" 9.17 Except for payments of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented due to force majeure. The term "force majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence including, but not limited to, the following: acts of God, acts of the public enemy, war, riots, strikes, mobilization, labor disputes, civil disorders, fire, flood, snow, earthquakes, tornadoes or violent wind, tsunamis, wind shears, squalls, Chinooks, blizzards, hail storms, volcanic eruptions, meteor strikes, famine, sink holes, avalanches, lockouts, injunctions- intervention-acts, terrorist events or failures or refusals to act by government authority and/or other similar occurrences where such party is unable to prevent by exercising reasonable diligence. The force majeure shall be deemed to commence when the party declaring force majeure notifies the other party of the existence of the force majeure and shall be deemed to continue as long as the results or effects of the force majeure prevent the party from resuming performance in accordance with a Contract resulting from this RFP. Force majeure shall not include late deliveries of products/services caused by congestion at a 32 of 47 manufacturer's plant or elsewhere, an oversold condition of the market, inefficiencies, or other similar occurrences. If either party is delayed at any time by force majeure, then the delayed parry shall notify the other parry of such delay within forty-eight(48)hours. K. (iR ATI.Ji 11"S 9.18 NJPA may cancel this Contract by written notice if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the Proposer/Vendor or any agent or representative of the Proposer/Vendor, to any employee of the NJPA are deemed to be excessive with a view toward securing a contract or with respect to the performance of this Contract. 9.19 Proper Material Safety Data Sheets (MSDS), in compliance with OSHA's Hazard Communication Standard, must be provided by the Vendor to NJPA or NJPA Member at the time of purchase. V. pT'I(JAp.,i0?W]"M"S 9.20 All claims and controversies between NJPA and Vendor shall be subject to the laws of the State of Minnesota and are to be resolved in Todd County,Minnesota,the county in which NJPA is domiciled. 9.21 Proposer/Vendor shall maintain a current status on all required federal, state, and local licenses, bonds and permits required for the operation of the business conducted by the Proposer/Vendor. 9.22 All responding Proposers must be licensed (where required) and have the authority to sell and distribute offered products/services to NJPA and NJPA Members in all states. Documentation of said licenses and authorities,if applicable,is requested. 9.23 The apparent successful Vendor shall be required to supply the names and addresses of sourcing suppliers and sub-contractors when requested. 9.24 Awarded Vendors under this RFP will be the sole source of responsibility for transactions originating that award. The Awarded Vendor is solely responsible for products/services and services provided by third parry sourcing or service providers. 9.25 No failure of either party to exercise any power given to it hereunder, nor to insistence upon strict compliance by the other parry with its obligations hereunder, and no custom or practice of the parties at variance with the terms hereof, nor any payment under a Contract resulting from this RFP shall constitute a waiver of either parry's right to demand exact compliance with the terms hereof. Failure by NJPA to take action or assert any right hereunder shall not be deemed as waiver of such right. 9.26 Protests shall be filed with the NJPA's Executive Director and shall be resolved in accordance with appropriate state statutes of Minnesota. A protest must be in writing and filed with NJPA. A protest of an award or proposed award must be filed within ten (10) days after the public notice or announcement of the award. No protest shall lie for a claim that the selected Proposer is not a responsible Proposer. A protest must include: 33 of 47 1. The name, address and telephone number of the protester; 2. The original signature of the protester or its representative; 3. Identification of the solicitation by RFP number; 4. A detailed statement of the legal and factual grounds of protest including copies of any relevant documents; and, the proposal form of relief sought. 9.27 Proposer/Vendor agrees in the performance of a Contract resulting from this RFP, it has complied with or will comply with all applicable statutes, laws,regulations, and orders of the United States and any State thereof. 9.28 All proposals submitted to this invitation shall become the property of the NJPA and will become a matter of public record and available for review subsequent to the award notification. Proposals may be viewed by appointment at the NJPA offices Monday through Friday from 8:30 a.m. to 3:30 p.m. E i� ("i119 i''R) A�SIJi�A1T T" 9.29 Whenever one party to this Contract has reason to question the other party's intent to perform,he/she may demand a written assurance of this intent. In the event a demand is made and no written assurance is given, the demanding party may treat this failure as an anticipatory repudiation of the Contract provided, however, in order to be effective, any such demand shall be addressed to the authorized signer for the party from whom the assurance is being sought, and sent via U.S. Postal Service, certified mail, return receipt requested or national overnight delivery service with proof of delivery. I . S I J S E'1 I()11 Oi� E)IS13A1i ME'NT S ATC.JS 9.30 If within the past five (5) years, any firm, business, person or Proposer submitting a proposal has been lawfully precluded from participating in any public procurement activity with a federal, state or local government, the Proposer must include a letter with its response setting forth the name and address of the public procurement unit, the effective date of the suspension or debarment, the duration of the suspension or debarment and the relevant circumstances relating to the suspension or debarment. Any failure to supply such a letter or to disclose pertinent information may result in the cancellation of any Contract. By signing the proposal affidavit, the Proposer certifies that no current suspension or debarment exists. V. IIIIJMA1� 1�I("illITS (T"i� i'➢Fi:CA i E, 9.31 If Proposer is not domiciled in Minnesota and has NOT on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a statement to that effect. 9.32 If Proposer is not domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must document their application for a Human Rights Certificate issued by the Minnesota Commissioner of Human Rights. Proposer must also document receipt by the Minnesota Commissioner of Human Rights of that application and the Proposer's affirmative action plan for the employment of minority persons, women, and qualified disabled individuals. 9.33 If Proposer is domiciled in Minnesota and has on any single working day in the past year, employed more than 40 employees in the State of Minnesota, Proposer must provide a copy of their "Certificate of Compliance"from the Commissioner of the Minnesota Department of Human Rights. W. SEIVEJ�ABILYTY 34 of 47 9.34 In the event that any of the terms of a Contract resulting from this RFP are in conflict with any rule, law, statutory provision or are otherwise unenforceable under the laws or regulations of any government or subdivision thereof, such terms shall be deemed stricken from a Contract resulting from this RFP, but such invalidity or unenforceability shall not invalidate any of the other terms of a Contract resulting from this RFP. V RF] i"IOMIli:IPOFPARi'➢i'IS 9.35 No Contract resulting from this RFP shall be considered a contract of employment. The relationship between NJPA and an Awarded Contractor is one of independent contractors each free to exercise judgment and discretion with regard to the conduct of their respective businesses. The parties do not intend the proposed Contract to create, or is to be construed as creating a partnership, joint venture, master-servant, principal—agent, or any other relationship. Except as provided elsewhere in this RFP, neither party may be held liable for acts of omission or commission of the other party and neither party is authorized or has the power to obligate the other party by contract, agreement,warranty,representation or otherwise in any manner whatsoever except as may be expressly provided herein. 35 of 47 PROPOSER QUESTIONNAIRE Form A Proposer Name: Questionnaire completed by: Please provide an answer to all questions below and address all requests made in this RFP.Please use the Microsoft Word document version of this questionnaire to respond to the questions contained herein. Please provide your answer to each question indented below the question. Please supply any applicable supporting information and documentation you feel appropriate in addition to answers entered to the Word document. Please place your proposal response in a three-ringed binder tabbed as indicated below. Two complete copies are required. All information must be typed, organized, and easily understood by evaluators. Please limit your answer and documentation as they directly relate to this RFP. INSIDE FRONT COVER(pocket or 3-ringed binder sleeve) • Original executed forms D,E,H& I. • Electronic submission of proposal(CD). • Bid Security(or Cashier's Check) • Certificate of Insurance Please insert a table of contents Tab 1: Company Information 1) Provide the full legal name, address, and telephone number for your business. 2) Provide contact information for the primary contact person from your business relating to this RFP. (Form B) 3) Provide a brief history of your company that includes its goals and philosophy. 4) Provide profiles and an organizational chart for key sales and marketing executives of your company that will oversee the implementation and operation of a Contract resulting from this RFP. 5) How long has your company has been in the PUBLIC UTILITY VEHICLES AND/OR SERVICES,APARATUS, EQUIPMENT AND/OR ACCESSPRIES,industry? 6) Is your organization best described as a manufacturer or a distributor/dealer/re-seller for a manufacturer of the products and services being proposed? a) If the Proposer is best described as a re-seller, manufacturer aggregate, or distributor, please provide evidence of your authorization as a dealer/re-seller/manufacturer aggregate for the manufacturer of the products you are proposing. b) If the Proposer is best described as a manufacturer,please describe your relationship with your sales/service force and/or Dealer Network in delivering the products and services proposed. Are these people your employees, or the employees of a third party? 7) For public companies,provide your most recent annual report to shareholders. 8) For private companies, provide your most recent year-end financial statements, your bond rating, and/or a credit reference from your bank. Tab 2: Industry-Marketplace Successes 9) List and document recent industry awards and recognition. 10) Supply three references/testimonials from customers similar to NJPA Members. Please include the customer's name, contact, and phone number. 11) Provide names and addresses of the top five (5) governmental or education customers and dollar volumes from the past year. 12) Provide documentation indicating the total dollar volume for each of your sales to government, education, and non- profit agencies for the last three (3) fiscal years. 36 of 47 Tab 3: Proposer's ability to sell and service nationwide. 13) Please describe your sales force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 14) Please describe your service force in terms of numbers, geographic dispersion, and the proportion of their attention focused on the sale of the products/services contemplated in this RFP? a) Are these individuals your employees, or are they employees of a third party? 15) Describe in detail your customer service program regarding process and procedure. Please include, where appropriate,response time commitments. 16) Identify any geographic areas or NJPA market segments of the United States you will NOT be serving through the proposed contract. 17) Identify any of NJPA Member segments you will NOT be serving? (Government, Education,Non-profit) Tab 4: Marketing Plan 18) Describe your training program for both greet-the-public and sales management levels relating to a NJPA award. 19) Describe your general marketing program strategy to promote the proposed Contract nationally. 20) Describe your marketing material, and overall marketing ability,relating to promoting this type of partnership and contract opportunity. As much as possible,please send marketing materials in electronic format only to save paper. 21) Describe your use of technology and the internet to provide marketing and product awareness. 22) Describe your perception of NJPA's role in marketing the partnership and your products/services. 23) Describe the unique quality of the products/services in your proposal in relationship to others available in the market. Tab 5: Value Added Attributes 24) Describe any training programs available as options for members. 25) Describe technological advances your proposal products/services offer. 26) Describe your"Green"program as it relates to your company,your products, and your recycling program, including a list of all green products accompanied by the certifying agency for each. 27) Describe any Women or Minority Business Entity (WMBE) or Small Business Entity (SBE) accreditations of your organization directly involved in a Contract resulting from this RFP. 28) Identify any other unique or custom value added attributes. 29) Identify any service contract options included in the proposed price, or offered as a proposed option, for the products or services being offered. 30) Identify your ability and willingness to service Canada specifically and internationally in general. 31) Describe any unique distribution method employed in your proposal. Tab 6: Payment Terms and Financing Options 32) Identify your payment terms. (Net 30, etc.) 33) Identify any applicable leasing or other financing options as defined herein. 34) Briefly describe your proposed order process for this proposal and contract award. (Note: order process may be modified or refined during an NJPA member's final Contract phase process). Tab 7: Warranty 35) Describe,in detail,your Warranty Program including conditions to qualify, claims procedure, and overall structure. 36) Do all warranties cover all material and labor? 37) Do warranties impose usage limit restrictions? 38) Do warranties cover the technicians travel time to perform warranty repairs? 39) Please list any other limitations or circumstances that would not be covered under your warranty. 40) Please list any geographic regions of the United States for which you cannot provide a certified technician to perform warranty repairs. How do NJPA Members in these regions receive warranty work? 37 of 47 Tab 8: Other Cooperative Procurement Contracts Held 41) Identify all cooperative governmental procurement contracts which are marketed in more than one state held or utilized by the Proposer. 42) Identify all government or state procurement contracts held or utilized by the Proposer with any State of the United States. 43) Identify any GSA Contracts held or utilized by the Proposer. 44) If you are awarded the NJPA contract, are there any market segments (e.g., higher education, county governments, etc.) or geographical markets where the NJPA contract will not be your primary contract purchasing vehicle? If so, please identify those markets and which cooperative purchasing agreement will be your primary vehicle. Tab 9: Products/Services and Pricing 45) Provide a general narrative description of the products/services and services you are offering in your proposal. 46) Provide a general narrative description of your pricing model identifying how the model works (line item and/or percentage discount). 47) Propose a strategy,process, and specific method of facilitating "Sourced Goods"solution as defined herein. 48) Provide an overall statement of method of pricing for individual line items, catalogs and category pricing with regard to all products/services and being proposed.Provide a SKU number for each item being proposed. 49) Provide a "CORE LIST" of products/services (as anticipated and defined by Proposer to meet or exceed the NJPA members needs) as a separate and named spreadsheet.Include special pricing,if any, on these items. 50) Provide,if any,your volume rebate programs 51) Identify any Total Cost of Acquisition (as defined herein) cost(s) which is NOT included "Pricing" submitted with your proposal response. Identify to whom these items are payable and their relationship to Proposer. 52) As an important part of the evaluation of your offer,you must indicate the level of pricing you are offering. Prices offered in this proposal are: a. The same as typically offered to an individual municipality or school district. b. The same as typically offered to cooperative procurement organizations or state purchasing departments. c. Better than typically offered to cooperative procurement organizations or state purchasing departments. (Your proposal will be considered "Non-Responsive" if this question is not answered) 53) Do you offer quantity or volume discounts? YES NO Outline guidelines and program. 54) Describe your shipping, exchange and return program(s) and policy(s). Also specifically identify those programs as they relate to Alaska and Hawaii. 55) Identify the Proposer's proposal for an administrative fee payable to NJPA for facilitation and promotion of the Contract opportunity invited here. This fee should be calculated as a percentage of Contract sales. Authorized Signature(Same signature as on Proposal Affidavit Signature and Acceptance Form) 38 of 47 Form B PROPOSER INFORMATION Company Name: Address: City/State/Zip: Phone: Fax: Toll Free Number: E-mail: Web site: Voids sometimes exist between management(those who respond to RFPs) and sales staff(those who contact NJPA Members) that result in communication problems. Due to this fact,provide the names of your key sales people,phone numbers, and geographic territories for which they are responsible COMPANY PERSONNEL CONTACTS Contract Manager: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: Name: Title: Email: Phone: 39 of 47 II�(ru ir i�ii� t;a ON i,H".<'%,Li, 1 ,N '%,i'Il 11111 Ifi O N 111IND CH""i 1`i,l 1111 I'll, In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement Code, competitive sealed proposals/awards will be made to responsible Proposers whose proposals are determined in writing to be responsive and also be the most advantageous to NJPA and its NJPA Members. To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set for"Proposer Responsiveness." A proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. Evaluation for: For the Proposed Subject PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES, The evaluation criteria for this solicitation, not arranged in order of importance: Available Points Points Awarded Conformance to terms and conditions to include documentation 50 Pricing 400 Industry and Marketplace Successes 25 Bidder's Ability to Sell and Service Contract Nationally 100 Bidder's Marketing Plan 75 Value Added Attributes 75 Invoicing Payment Terms and Financing Options 25 Warranty Coverages and Information. 50 Selection and Variety of Products and Services Offered 1 200 Total Points 1000 0 Bonus Points awarded for: Bidders "Green" characteristics 50 Overall Evaluation Points 1050 0 Proposed Reviewed by: Its Its 40 EXCEPTIONS TO PROPOSAL, TERMS, CONDITIONS AND SPECIFICATIONS REQUEST Form C Company Name: Responding Name: Phone: Note: This is a sample form. Actual data may be provided on disk and printed. Original must be signed and inserted in the proposal after it is printed. Any exceptions to the Terms, Conditions, Specifications, or Proposal Forms contained herein shall be noted in writing and included with the proposal submittal. RFP Page Number Section Term, Condition, or Specification Exception Page 41 of 47 Proposal Offering And Acceptance and Award RFP #011510 FORM D PUBLIC UTILITY VEHICLES AND/OR SERVICES,APARATUS,EQUIPMENT AND/OR ACCESSPRIES, Proposal Offering (To be completed Only Proposer) In compliance with the Request for proposal (RFP) for PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES, the undersigned warrants that Uwe have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined products/services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer. Company Name: Date: Company Address: City: State: Zip: Contact Person: Title: Authorized Signature (ink only): (Name printed or typed) Contract Acceptance and Award(To be completed only by NJPA) Your proposal offering is hereby accepted and awarded. As the awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP, any amendments to this RFP, and the Proposer's Response. The term of the Contract shall commence on the date of this award and continue for four years AND which is subject to annual renewal at the option of both parties. National Joint Powers Alliance® (NJPA) NJPA Authorized signature: Gary L.Nytes (Name printed or typed) Title: Executive Director NJPA Awarded this day of Contract Number 4(1131" 1(1„ NJPA Authorized signature: (Name printed or typed) Title: Executed this day of Contract Number 4(1131" 1(1„ Page 42 of 47 1�1 i 01)i 01)S i,IG S S i ..........................................................................................�:�i° �; ���eP���i, .���.°� �, ' ..... Form E Proposal Affidavit Signature Page PROPOSER'S AFFIDAVIT The undersigned, representing the persons, firms and corporations joining in the submission of the foregoing proposal (such persons, firms and corporations hereinafter being referred to as the "Proposer"), being duly sworn on his/her oath, states to the best of his/her belief and knowledge: 1. The undersigned certifies the Proposer is submitting their proposal under their true and correct name, the Proposer has been properly originated and legally exists in good standing in its state of residence, that the Proposer possesses, or will posses prior to the delivery of any goods and services, all applicable licenses necessary for such delivery, and that they are authorized to act on behalf of, and encumber the "Proposer"in this Contract, and 2. To the best of my knowledge, no Proposer or Potential Proposer, nor any person duly representing the same, has directly or indirectly entered into any agreement or arrangement with any other Proposers, Potential Proposers, any official or employee of the NJPA, or any person, firm or corporation under contract with the NJPA in an effort to influence either the offering or non-offering of certain prices, terms, and conditions relating to this RFP which tends to, or does, lessen or destroy free competition in the letting of the Contract sought for by this RFP, and 3. The Proposer or any person on his/her behalf,has not agreed, connived or colluded to produce a deceptive show of competition in the manner of the proposal or award of the referenced contract, and 4. Neither I, the Proposer, nor, any officer, director, partner, member or associate of the Proposer, nor any of its employees directly involved in obtaining contracts with the NJPA or any subdivision of the NJPA, has been convicted of false pretenses, attempted false pretenses or conspiracy to commit false pretenses,bribery, attempted bribery or conspiracy to bribe under the laws of any state or federal government for acts or omissions after January 1, 1985, and 5. The Proposer has examined and understands the terms, conditions, scope, contract opportunity, specifications request and other documents of this solicitation and that any and all exceptions have been noted in writing and have been included with the proposal submittal, and 6. If awarded a contract, the Proposer will provide the products/services and/or services to qualifying members of the NJPA in accordance with the terms, conditions, scope of this RFP, Proposer offered specifications and other documents of this solicitation, and 7. The undersigned, being familiar with expectations and specifications request outlined in this RFP under consideration, hereby proposes to deliver through valid service request, Purchase Orders or forms for NJPA Members per this RFP, only new, unused and first quality products/services and services to designated NJPA Members, and 8. The Proposer has carefully checked the accuracy of all items and listed total price per item in this proposal. In addition, the Proposer accepts all general terms and conditions of this RFP, including all responsibilities of commitment and delivery of services as outlined, and 9. In submitting this proposal,it is understood that the right is reserved by the NJPA to reject any or all proposals and it is agreed by all parties that this proposal may not be withdrawn during a period of 90 days from the date proposals were opened regarding this RFP, and 10. The Proposer certifies that in performing this Contract they will comply with all applicable provisions of the federal, state, and local laws,regulations,rules, and orders, and 11. If Proposer has more than 40 employees in the state in which their principal place of business is located,Proposer Page 43 of 47 hereby certifies their compliance with federal affirmative action requirements. 12. Proposer certifies they have disclosed all rebates,re-imbursements, cost reductions and any other sources of revenue to the Proposer, or organization known to Proposer,relating to the goods and services contemplated for procurement by NJPA and NJPA Members associated with NJPA RFP 031710. 13. Proposer certifies they will continue to disclose new sources of rebates,re-imbursements, marketing fees, cost reductions, and any other source of revenue to the Proposer, or organization known to Proposer,relating to goods and services contemplated for procurement by NJPA and NJPA Members associated with NJPA RFP 031710 during the term of any contract awarded pursuant to this RFP. Company Name: Contact Person for Questions: Phone: (Must be individual who is responsible for filling out this Proposer's Response form) Address: City/State/Zip: Telephone Number: Fax Number: E-mail Address: Authorized Signature: Authorized Name (typed): Title: Date: Notarized Subscribed and sworn to before me this the day of 20 Notary Public in and for the County of State of My commission expires: Signature: Page 44 of 47 FORM H State Of Minnesota—Affirmative Action Certification If your response to this solicitation is or could be in excess of$100,000,complete the information requested below to determine whether you are subject to the Minnesota Human Rights Act(Minnesota Statutes 363A.36)certification requirement,and to provide documentation of compliance if necessary. It is your sole responsibility to provide this information and—if required—to apply for Human Rights certification prior to the due date and time of the proposal or proposal and to obtain Human Rights certification prior to the execution of the contract. The State of Minnesota is under no obligation to delay proceeding with a contract until a company receives Human Rights certification BOX A—For companies which have employed more than 40 full-time employees within Minnesota on any single working day during the previous 12 months. All other companies proceed to BOX B. Your response will be rejected unless your business: has a current Certificate of Compliance issued by the Minnesota Department of Human Rights (MDHR) —or— has submitted an affirmative action plan to the MDHR, which the Department received prior to the date and time the responses are due. Check one of the following statements if you have employed more than 40 full-time employees in Minnesota on any single working day during the previous 12 months: ❑ We have a current Certificate of Compliance issued by the MDHR.Proceed to BOX C. Include a copy of your certificate with your response. ❑ We do not have a current Certificate of Compliance. However,we submitted an Affirmative Action Plan to the MDHR for approval,which the Department received on (date). [If the date is the same as the response due date,indicate the time your plan was received: (time). Proceed to BOX C. ❑ We do not have a Certificate of Compliance,nor has the MDHR received an Affirmative Action Plan from our company. We acknowledge that our response will be rejected. Proceed to BOX C. Contact the Minnesota Department of Human Rights for assistance. (See below for contact information.) Please note: Certificates of Compliance must be issued by the Minnesota Department of Human Rights. Affirmative Action Plans approved by the Federal government, a county, or a municipality must still be received, reviewed, and approved by the Minnesota Department of Human Rights before a certificate can be issued. BOX B—For those companies not described in BOX A Check below. ❑ We have not employed more than 40 full-time employees on any single working day in Minnesota within the previous 12 months. Proceed to BOX C. BOX C—For all companies By signing this statement,you certify that the information provided is accurate and that you are authorized to sign on behalf of the responder. You also certify that you are in compliance with federal affirmative action requirements that may apply to your company.(These requirements are generally triggered only by participating as a prime or subcontractor on federal projects or contracts. Contractors are alerted to these requirements by the federal government.) Name of Company:_ Date Authorized Signature:— Telephone number: Printed Name: Title: For assistance with this form,contact: Minnesota Department of Human Rights,Compliance Services Section Mail: 190 East 5rh St.,Suite 700 St.Paul,MN 55101 TC Metro: (651)296-5663 Toll Free: 800-657-3704 Web: www.humanrights.state.mn.us Fax: (651)296-9042 TTY: (651)296-1283 Page 45 of 47 Form I State of Minnesota—Immigration Status Certification By order of the Governor's Executive Order 08-01,vendors and subcontractors MUST certify compliance with the Immigration Reform and Control Act of 1986(8 U.S.C. 1101 et seq.)and certify use of the E-Verify system established by the Department of Homeland Security. E-Verify program information can be found at htttae//www.dhs.Qov/ximQtn/Programs. If any response to a solicitation is or could be in excess of$50,000,vendors and subcontractors must certify compliance with items 1 and 2 below. In addition,prior to the delivery of the product or initiation of services,vendors MUST obtain this certification from all subcontractors who will participate in the performance of the contract. All subcontractor certifications must be kept on file with the contract vendor and made available to the state upon request. 1. The company shown below is in compliance with the Immigration Reform and Control Act of 1986 in relation to all employees performing work in the United States and does not knowingly employ persons in violation of the United States immigration laws. The company shown below will obtain this certification from all subcontractors who will participate in the performance of this contract and maintain subcontractor certifications for inspection by the state if such inspection is requested; and 2. By the date of the delivery of the product and/or performance of services,the company shown below will have implemented or will be in the process of implementing the E-Verb program for all newly hired employees in the United States who will perform work on behalf of the State of Minnesota. I certify that the company shown below is in compliance with items 1 and 2 above and that I am authorized to sign on its behalf. Name of Company: Date: Authorized Signature: Telephone Number: Printed Name: Title: If the contract vendor and/or the subcontractors are not in compliance with the Immigration Reform and Control Act,or knowingly employ persons in violation of the United States immigration laws,or have not begun or implemented the E-Verify program for all newly hired employees in support of the contract,the state reserves the right to determine what action it may take. This action could include,but would not be limited to cancellation of the contract,and/or suspending or debarring the contract vendor from state purchasing. For assistance with the E-Verify Program Contact the National Customer Service Center(NCSC) at 1-800-375-5283 (TTY 1-800-767-1833). For assistance with this form,contact: Mail: 112 Administration Bldg,50 Sherburne Ave. St.Paul,MN 55155 E-mail: MMDHelp.Line(a)state.rnn.us Telephone: 651.296.2600 Persons with a hearing or speech disability may contact us by dialing 711 or 1.800.627.3529 Page 46 of 47 Proposal Award Recommendation(s) for NJPA Membership Approval The following are the recommendations of the Proposal Review Committee regarding RFP 9031710 for the procurement of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSPRIES The Proposal Review Committee for this RFP consists of: Chairman: Member: Member: Member: The findings of the Committee are as follows: A.Proposals rejected as non-responsive and the reason for that determination: B.Methodologies used by the committee for evaluation: C.Proposals recommended for approval with reasons for recommendation: It is therefore recommended by the Proposal Review Committee that a Contract be approved for the above Proposer(s). 1. 2. 3. 4. 5. Page 47 of 47 Addendum #030510 To that certain RFP #031710 Issued by The National Joint Powers Alliance For the procurement of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES Please be advised the timeline for this RFP has been changed as follows: FEBRUARY 15, 2010 and • Publication of RFP in the print and online February 22, 2010 Minneapolis Star Tribune, the NJPA website, and on the website of Proposedno ti cetoproposedders.com April 6, 2010 • Deadline for RFP requests April 8, 201010:OOAM CST •Pre-Proposal Conference (webeast— conference call) April 15, 2010 2:00 p. m. CST • Deadline for Submission of Proposals, and Public Opening of Proposals Please read all timelines and dates throughout the RFP to reflect the above changes. The National Joint Powers Alliance® 6 By its eutWe-Dar-ee-to-r— Dated March 3, 2010 Addendum #040510 To that certain RFP #031710 Issued by The National Joint Powers Alliance O For the procurement of PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES Please be advised as follows: NJPA has had recent contact with certain cab-and-chassis manufacturers relating to a solicitation issued by NJPA for "Mass Transit Vehicles" and particularly cutaway busses. All Potential Bidders are encouraged to contact the Cab-And-Chassis Manufacturers regarding potential special pricing for sales through an NJPA contract. Please contact your local dealers or, with regard to GM, please contact the GM Bid Center. The National Joint Powers Alliance® By its Manager of Bids and Contracts Dated April 5, 2010 Form G. OVERALL EVALUATION AND CRITERIA In accordance with accepted standards of competitive sealed proposal awards as set forth in the Minnesota Procurement Code, competitive sealed bids/awards will be made to responsible Proposers whose bids are determined in writing to be responsive and also be the most advantageous to NJPA and its NJPA Members, To qualify for the final evaluation, a Proposer must have been deemed responsive as a result of the criteria set for"Proposer Responsiveness." A proposal must have been submitted on time and materially satisfy all mandatory requirements identified in this document. Evaluation for: All responses For the Proposal Subject Public Utility Vehicles and/or Services, Apparatus, Equipment and/or Accessories The evaluation criteria for this solicitation, not arranged in order of importance: Atlantic Federal Machinery, Contracts Federal Allianz Inc. Gradall Corp. Signal Corp, Alamo Genie Conformance to terms and conditions to include documentation 50.0 40.0 45.0 38.3 38.3 38.3 38.3 38.3 Pricing 400.0 333.3 350.0 316.7 183.3 350.0 83.3 358.3 Indust and Marke lace Succees 25,0 16.7 18.0 15.7 8.3 20.0 15.7 19.0 Bidders Ability to Sell and Service Contract Nationally 100.0 78.3 60.0 70.0 38.3 73.3 73.3 83.0 Bidders Marketing Plan 75.0 63.3 62.7 55.0 46.7 56.7 51.7 51.7 Value Added attributes 75.0 64.3 66.0 55.0 53.3 55.0 57.7 58.3 Invoicing Payment Tems and Financing Options 25.0 18.3 18.8 20.4 19.2 17.5 19.2 19.2 Warranty Coverages and Information 50.0 40.0 38.3 40.0 40.0 43.3 40.0 40.0 Selection and Variety of Products and Services offered 200.0 178.3 180.0 173.3 68.3 175.0 8.3 180.0 Total Points 1000.0 832.7 838.8 784.4 495.8 829.2 387.5 847.8 Bonus Points awarded for: Bidders"Green" characteristics 1 1 45.0 22.5 12.51 27.5 22.5 12.5 15.0 Overall Evaluation Points 877.7 861.3 796.9 523.3 851.7 400.0 862.8 Review -by: SeR .[�� Its pW,jnuc�� c�S Its `Aa Its �/CAfY NJPA www.nipacoop.org National Joint Powers Alliance 200 First Stroet NE Staples, N,AN 56479 COMMENT AND REVIEW To the REQUEST FOR PROPOSAL (RFP) #031710 Entitled PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES The following advertisement was placed in the Star Tribune on February 18,2010 and February 25, 2010, in the Oregon Daily Journal of Commerce (DJC) for a seven-day run between the dates of February 18 and February 26, 2010, in the Honolulu Star Bulletin for a seven-day run between the dates of February 19 and February 25, 2010, on the NJPA website www.njpacoop.org, Onvia and on noticetobidders.com website: The National Joint Powers AllianceR (NJPA) issues this request for proposal (RFP)to provide PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES, to NJPA, and current and potential NJPA Members from government, education to include Colleges and Universities, and non-profit agencies in all 50 states, and with potential international distribution. Specifications and details of this RFP are available beginning FEBRUARY 15, 2010 and continuing until March 8, 2010. Details and Specifications may be obtained by letter of request to Gregg Meierhofer,NJPA, 200 First Street Northeast, Staples, MN 56479, or registering and requesting RFP documents at wvwv.noticet proposedders.com, or e-mail at RFPgLijpacoop.or . Sealed Proposals will be received until March 17, 2010 at 2:00 p.m. at the above address. NJPA reserves the right to reject any and all Proposals. RFD's were requested from and distributed to: Alamo Industrial Allianz Sweeper Company Atlantic Machinery, Inc. Ditch Witch Euclid Infotech Federal Contracts Corp. Federal Signal Corporation—ESG Flink Company Gradall Industries, Inc. Hampton Roads Transit J&D's Hydraulic NW Truckstell Sales, LLC PipeHunter Polaris Defense Prime Vendor, Inc. Spaulding Manufacturing Terex Aerial Work Platforms(Genie) Vermeer Volvo Late inquires were received from: Ditch Witch GranTurk Equipment Company �NJ PA www.nipacoop.org National Joint powers Alliance 00 First Street NE Staples, MN 56479 Bids were opened on April 15,2010 at the offices of NJPA offices 200 1"Street Northeast in Staples, Minnesota 56479. All bids received were deemed responsive. Bids were received from the following: Alamo Group (TX) Inc. DBA Alamo Industrial Allianz Sweeper Company Atlantic Machinery, Inc. Federal Contracts Corp. Federal Signal Corporation Genie Industries, Inc. Gradall Industries, Inc. Bids were reviewed by the Bid Review committee consisting of: Keith Hanson, CPA,NJPA Assistant to the Manager of Financial Services Jilene Fiemeyer,NJPA Coordinator of Legal Contract Communications Ginger Line,NJPA Coordinator of Bids and Contracts. Gregg Meierhofer,NJPA Manager of Bids and Contracts The findings of the Bid Review Committee are summarized as follows: In our opinion, we received a number excellent responses to our Request for Proposals. The majority of the bid responses were strong, well prepared and we feel dedicated to long-term customer satisfaction. As illustrated in our Evaluation(FORM G),the strongest bidders demonstrated their commitment to driving value to our members in areas such as pricing,the ability to market the contract nationally and the selection of products available. Highlighted value added attributes included items such as alternative fuel configurations, hybrid products, strong reputations within their industries,technological and innovative features, national awards, ability to service a global market, strong training programs and a commitment to our environment. As the evaluation committee,we are confident a multiple bid will provide the strongest offering in terms of price and depth and breadth of product line to our members. As a result of the above factors and total evaluation points, the Bid Evaluation Committee recommends award of#031710 for PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS, EQUIPMENT AND/OR ACCESSORIES to Allianz Sweeper Company as contract#031710-ASW, Genie Industries, Inc. as contract#031710-GII, Atlantic Machinery, Inc. as contract#031710-AMI, Federal Signal Corp. as contract#031710-FSC and Gradall Industries, Inc. as contract#031710-GRD. We believe individually each awarded vendor will bring unique qualities and market segments to NJPA and its Members and we are confident that collectively the awarded vendors represent the best in the industry and will provide the vast selection,variety and quality of products that will satisfy the needs of our members today and far into the future. 4S?J V PA www.nipocoop.org National Joint Powers Allianceffi 00 First Street NE Staples, MN 56479 Keith Hanson, CPA, Assistant to the Manager of Financial Services Date jn 1 0, �e Fiemeyer, Coordi r of Vegal Contract Communications Date Ginger Lin dinator of Bids and Contracts Date Gregg Nolerhofer, Manage f Bids and Contracts Date Proposal Offering And Acceptance and Award RFP#011510 FORM D PUBLIC UTILITY VEHICLES AND/OR SERVICES,APARATUS,EQUIPMENT AND/OR ACCESSPRIES, Proposal Offering To be cam leted Only by Proposer) In compliance with the Request for proposal (RFP) for PUBLIC UTILITY VEHICLES AND/OR SERVICES, APARATUS,EQUIPMENT AND/OR ACCESSPRIES,the undersigned warrants that I/we have examined this RFP and, being familiar with all of the instructions, terms and conditions, general specifications, expectations, technical specifications, service expectations and any special terms, do hereby offer and agree to furnish the defined products/services and services in compliance with all terms, conditions of this RFP, any applicable amendments of this RFP, and all Proposer's Response documentation. Proposer further understands they are the sole offeror herein and that the performance of any sub-contractors employed by the Proposer in fulfillment of this offer is the sole responsibility of the Proposer, ry Company Name: L $1 Date: q I �� Company Address: l �� 1 VA 5 MM%�_ SAII•,ra /l d 0 City, 009K- � _ .. .,. — State: �rt Zip: /a Contact Person: L, }� Title: Authorized Signature(ink only); (Name printed ortyped) Contract Acceptance and Award(To be completed only by NJPA Your proposal offering is hereby accepted and awarded. As the awarded Proposer, you are now bound to provide the defined goods and services contained in your proposal offering according to all terms, conditions, and pricing set forth in this RFP,any amendments to this RFP, and the Proposer's Response. The term of the Contract shall commence on the date of this award and continue for four years AND which is subject to annual renewal at the option of both parties. National Joint Powers Alliance® JPA �.�' NJPA Authorized signature: Gard L-.-Ia+Tyto& (Name printed or typed) Title: Executive Director NJPA Awarded this day of Contract Number#031710 NJPA Authorized signature: Title: mv— CAerlL (Name printed or typed) __ -� _ � , ..., . Executed this day of rl&kA Contract Number#031710 Page 42 of 47