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
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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
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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
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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.
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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
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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.
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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.
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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.
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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.
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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
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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.
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Based on your previous use of our consulting services,we are recommending the following block time plan:
Block time $15,000.00
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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
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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
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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
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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,
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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
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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,
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2033 WEST WALNUT STREET~CH|CAGO, |L60612~312/829-191S'FAX 312/829-6142
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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
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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➢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:
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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
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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
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