2020-10-19 - Ordinance 2020-083 - AUTHORIZING EXECUTION OF A CONTRACT WITH FIRE SERVICE INC., FOR FIRE FLEET MAINTENANCE ORDINANCE 2020—83
AN ORDINANCE AUTHORIZING EXECUTION OF A CONTRACT WITH FIRE SERVICE INC. FOR FIRE FLEET
MAINTENANCE
WHEREAS,the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970;
and
WHEREAS, the Village sought out companies qualified to provide the requested services and
materials; and
WHEREAS,the Village engaged in a procurement process to obtain the best value for money.
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. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute a contract with Fire Service Inc., pending review
and approval by the Village Attorney at a price not to exceed $175,000.00 per year.
SECTION 3. 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 4. This Ordinance shall be in full force and effect from and after its passage and approval and
not be codified.
AYES: 6—Stein Ottenheimer, Weidenfeld Johnson Smith Pike
NAYES: 0—None
ABSENT: 0—None
PASSED: October 19 2020
APPROVED: October 19 2020
ROVED:
Beverly Sus an, Village President
ATTEST:
� 7
Janet Sirabian, Viiiage Clerk
FIRE FLEET MAINTENANCE CONTRACT
Fire Fleet Maintenance Contract(the"Contract")is entered between the Village of Buffalo Grove(hereinafter the
"Village" or "Owner"), an Illinois home-rule unit of government, and Fire Service Inc., (hereinafter the
"Contractor") on this 20th day of October 2020 (the "Effective Date"). The Village and the Contractor are
hereinafter sometimes collectively referred to as the"Parties"and individually as a"Party".
RECITALS
WHEREAS, the Village has solicited bids for the Work (defined below), Contractor has submitted a bid
for the Work and Village has selected Contractor for the Work based on their bid; and
WHEREAS, the Contractor wishes to enter into this Contract with the Village and the Village wishes to
enter into this Contract with the Contractor for the Work;
NOW THEREFORE,for and in consideration of the mutual covenants and promises herein contained,the
` adequacy and sufficiency of which are hereby acknowledged by the Parties, it is agreed as follows:
ARTICLE I-WORK TO BE DONE BY THE CONTRACTOR
The Village does hereby hire and contract with the Contractor to provide all the labor, equipment,materials
and/or services described more thoroughly on Contract Exhibit A (the "Work") which is incorporated into the
Contract by this reference.
ARTICLE II- CONTRACT DOCUMENTS
The following exhibits are attached hereto and incorporated herein by this reference:
Contract Exhibit A—Description of the Work
Contract Exhibit B—Schedule of Prices
If any term or provision of this Contract shall conflict with any term or provision of the exhibits referenced
above, the terms and provisions of the exhibit shall control.
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ARTICLE III- CONTRACT AMOUNT
The Village agrees to pay the Contractor for the proper and timely performance of the Work in strict
accordance with this Contract as detailed in Contract Exhibit B (the "Schedule of Prices") Unless explicitly
provided otherwise in this Contract, the detailed sums shall be the full and exclusive compensation owed to the
Contractor for the Work; and Contractor may not seek additional payments from the Village.
Prices throughout the initial term of the contract shall reflect those provided in the schedule of prices. For
subsequent terms, requests for increases of unit prices shall not exceed the CPI-All Urban Consumers, Chicago or
2.5% whichever is less.Written requests for price revisions after the initial term shall be submitted ninety(90)days
in advance. Requests shall be based upon and include documentation of the actual change in the cost of the
components involved in the contract and shall not include overhead or profit.
The Village of Buffalo Grove reserves the right to reject a proposed price increase and terminate the
Contract.
ARTICLE IV—APPLICATION FOR PAYMENT
The Contractor shall be paid at most once a month and only after providing the Village the following:
1. Detailed invoice
2. Inspection reports for each vehicle work was performed upon.
All payments under this Contract must be approved by the Village's Board at regularly scheduled meetings. The
Village reserves the right to request any receipts, invoices, proof of payments as the Village, in its sole discretion,
may deem necessary to justify the payment requested prior to paying the requested payment. The Contractor shall
furnish with his final application for payment a Final Lien Waiver from itself and, if not already provided, from
every subcontractor and materialman of the Work.
The Contractor acknowledges that the Village is a unit of local government and that all payments under the Contract
are subject to the Local Government Prompt Payment Act, 50 ILCS 505 et seq. To that extent, the Village shall
have forty-five calendar(45)days from receipt of a bill or invoice to pay the same before it is considered late under
the Contract. Interest, if any, charged for any late payments will be subject to the interest rate caps specified in the
Prompt Payment Act.
ARTICLE V—CONTRACT TIME
Term. The Village will enter into a contract beginning on October 20, 2020 and ending December 31, 2021 with
four(4)possible one(1)year extensions. At the end of the contract term,The Village of Buffalo Grove reserves the
right to extend this contract for a period of up to sixty(60)calendar days for the purpose of securing a new contract.
Termination of Contract. The Contract may be terminated, in whole or in part, by either party if the other
party substantially fails to fulfill its obligations under the Contract through no fault of the terminating party; or the
Village may terminate the Contract, in whole or in part, for its convenience. However, no such termination may be
effected unless the terminating party gives the other party: (1) not less than thirty(30)calendar days written notice
by certified mail of intent to terminate, and (2) an opportunity for a meeting with the terminating party before
termination.
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ARTICLE VI—ACCIDEI` r PREVENTION
The Contractor shall exercise every precaution at all times to protect itself, the property of the Village and
the property of others. The safety provision of all applicable laws and ordinances shall be strictly observed by the
Contractor at all times. Any practice deemed hazardous or dangerous by the Fire Chief or his authorized
representatives shall be immediately discontinued by the Contractor upon receipt of instructions from the Fire Chief
or his authorized representatives. To the fullest extent permitted by law, the Contractor shall be solely responsible
for all safety-related matters.
ARTICLE VII—INDEMNIFICATION
To the fullest extent permitted by law, the Contractor agrees to defend, pay on behalf of, indemnify, and
hold harmless the Village,its elected and appointed officials, agents, employees and volunteers and others working
on behalf of the Village against any and all claims, demands, suits or loss, including all costs connected therewith,
and for any damages which may be asserted, claimed or recovered against or from the Village, its elected and
appointed officials, agents, employees and volunteers and others working on behalf of the Village, by reason of
personal injury, including bodily injury and death, and/or property damage, whether damage to property of the
Village or of a third party,including loss of use thereof,which arises out of or is in any way connected or associated
with the Contract and the Work.
ARTICLE VIII— CONTRACTORS INSURANCE
Contractor shall procure and maintain, for the duration of the Contract and any maintenance period,
insurance against claims for injuries to persons or damages to property,which may arise from or in connection with
the performance of the work hereunder by the Contractor, his agents,representatives, employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13
1. Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village named
as additional insured,on a form at least as broad as the ISO Additional Insured Endorsement CG 2010 and
CG 2026
2. Insurance Service Office Business Auto Liability coverage form number CA 0001,Symbol 01 "Any Auto."
3. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
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B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. Commercial General Liability:$1,000,000 combined single limit per occurrence for bodily injury,personal
injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than$2,000,000 or a project/contract specific aggregate of$1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits
and Employers'Liability limits of$500,000 per accident.
C. Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the Village. At the option
of the Village, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as it
respects the Village, its officials, agents, employees and volunteers; or the Contractor shall procure a bond
guaranteeing payment of losses and related investigation, claim administration and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages:
a. The Village, its officials, agents, employees and volunteers are to be covered as insureds as
respects:liability arising out of activities performed by or on behalf of the Contractor;products and
completed operations of the Contractor; premises owned, leased or used by the Contractor; or
automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no
special limitations on the scope of protection afforded to the Village,its officials,agents,employees
and volunteers.
2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its
officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its
officials,agents,employees and volunteers shall be excess of Contractor's insurance and shall not contribute
with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officials, agents, employees and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating that Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy
that does not "follow form," then the Contractor shall be required to name the Village, its officials,
employees, agents and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence policy form. Claims-made general
liability policies will not be accepted.
7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of contribution
recoverable against them by the Village. This specifically includes any limitation imposed by any state
statute,regulation,or case law including any Workers' Compensation Act provision that applies a limitation
to the amount recoverable in contribution such as Kotecki v. Cyclops Welding
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E. All Coverages:
1. No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission, including, but not limited to:
a. Allowing work by Contractor or any subcontractor to start before receipt of Certificates of
Insurance and Additional Insured Endorsements.
b. Failure to examine,or to demand correction of any deficiency,of any Certificate of Insurance and
Additional Insured Endorsement received.
2. Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation
Notice Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be
delivered in accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-,VII and licensed to do business
in the State of Illinois.
G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials,
agents, employees, and volunteers as additional insured's and with original endorsements, affecting
coverage required herein. The certificates and endorsements for each insurance policy are to be signed
by a person authorized by that insurer to bind coverage on its behalf.The certificates and endorsements are
to be received and approved by the Village before any work commences. The Village reserves the right to
request full certified copies of the insurance policies and endorsements.
H. Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish separate certificates
and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of the
requirements stated herein.
I. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including employees of
the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to
property sustained by any person or persons occasioned by or in any way arising out of any work performed
pursuant to the Contract.
J. Workers'Compensation and Employers'Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials,
employees, agents and volunteers for losses arising from work performed by Contractor for the
municipality.
K. Failure to Comply
In the event the Contractor fails to obtain or maintain any insurance coverage's required under this contract,
The Village may purchase such insurance coverage's and charge the expense thereof to the Contractor.
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ARTICLE IX—CERTIFICATE OF AUTHORITY AND SURETY CERTIFICATE
The Contractor shall furnish the Village with a current Certificate of Authority or Surety Certificate issued
by the Illinois Department of Insurance for the bonding company and insurance company they are using. In lieu of
a Certificate of Authority of Surety Certificate, the Contractor may provide certificate of good standing from the
Illinois Department of Insurance's website.
ARTICLE X—COPYRIGHTS AND LICENSES
The Contractor agrees that all documents of any kind whatsoever, and in whatever medium expressed,
prepared by the Contractor and the Contractor's consultants in connection with the Work (collectively, the
"Documents") or otherwise pursuant to this Contract and all rights therein (including trademarks, trade names,
rights or use, copyrights and/or other proprietary rights) shall be and remain the sole property of the Village
(regardless of whether the Village or the Contractor terminates this Contract for any reason whatsoever). The
Contractor hereby agrees that the Documents are or shall be deemed to be"Works for Hire"within the meaning of
Section 101 of the Copyright Act,and the Contractor hereby assigns to the Village all right,title and interest therein.
Notwithstanding, the Contractor shall indemnify and hold harmless the Village, its appointed and elected officials,
employees, agents and volunteers from and against all claims, damages, losses, and expenses (including attorneys'
fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the
Documents and the Work.
ARTICLE XI—NOTICE
All notices, demands, requests, consents, approvals and other communications required or permitted to be
given hereunder(a"Notice")shall be in writing and shall be deemed effective three(3)business days after mailing
if mailed by certified mail with return receipt requested and immediately if served personally,and shall be addressed
to the following:
IF TO THE VILLAGE: Village of Buffalo Grove
50 Raupp Blvd
Buffalo Grove, IL 60089
wbaker@vbg.org
ATTN: Fire Chief
WITH COPIES TO: Cc:pbrankin@schainbanks.com
Cc:brobinson@vbg.org
IF TO THE CONTRACTOR: Fire Service Inc.
ATTN:
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ARTICLE XII—CHANGE ORDERS
If the Village requests any change to the Work the Village shall do so by delivering Notice of the same to
the Contractor and the change requested by the Village shall be effective upon receipt of the Notice by the
Contractor. The Contractor may propose a change to the Work by delivering Notice of the proposed change along
with a description of the changes full effect on the Work to the Village; provided, such requested change shall not
be deemed accepted until the Village has delivered to the Contractor Notice of the same. Prior to approving a
proposed change to the Work by the Contractor,the Village may request such additional documentation as it deems
necessary to investigate the proposed change. The Contractor shall be responsible for informing all its employees
and subcontractors of any changes to the Work,whether such change is requested by the Contractor or the Village.
ARTICLE XIII—NOTICE OF STARTING WORK
The Contractor shall provide Notice to the Village prior to the Contractor, or its employees or
subcontractors,starting the Work or any phase of the Work.
ARTICLE XIV—SEQUENCE OF THE WORK
The Fire Chief shall have the power to direct the order and sequence of the Work. On any major portion
of the Work, all accessories shall be set coincident with the main construction. Payment for major portions of the
Work may be withheld until proper completion of accessories.
ARTICLE XV—SUPERVISION
The Fire Chief shall have override power to superintend and direct the Work, and the Contractor shall
perform all of the Work herein specified to the satisfaction, approval and acceptance of the Fire Chief. The
Contractor shall have at all times a competent foreman or superintendent at the Work's site, who shall have full
authority to act for the Contractor and to receive and execute orders from the Fire Chief, and any instructions given
to such superintendant or person, executing work for the Contractor, shall be binding on the Contractor as though
it was personally given to the Contractor.
ARTICLE XVI—STANDARD OF WORK AND WORKERS
The Contractor shall employ competent staff and shall discharge, at the request of the Fire Chief, any
incompetent, unfaithful, abusive or disorderly workers in its employ. Where experts or skilled workers must be
employed, only expert or skilled workers shall be employed.
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ARTICLE XVII—CONDPI'IONS OF THE WORK SITE
The Contractor shall provide and maintain such sanitary accommodations for the use of its employees as
may be necessary to comply with the State and local Board of Health requirements. Public nuisances will not be
permitted. The Contractor shall leave said Work's site(s)in the best possible condition to the complete satisfaction
of the Fire Chief. No vehicles of any kind shall be placed, parked, or operated upon any grass areas at any time
except as authorized by the Fire Chief or his authorized representative. Further, the Contractor shall exercise every
precaution for the protection of all persons and all property. The safety provisions of all-applicable laws and
ordinances shall be strictly observed. Any practice hazardous in the opinion of the Fire Chief or his authorized
representatives shall be immediately discontinued by the Contractor upon his receipt of instructions from the Fire
Chief or his authorized representative. To the maximum extent permitted by law,the Contractor shall be responsible
for all safety-related matters.
ARTICLE XIII—WARRANTY PERIOD
All material and workmanship shall be warranted and guaranteed according to manufacturer's
recommendation after inspection and approval by the Fire Chief or his designated representative. All work
performed by the Contractor shall be warranted by the Contractor following completion and final acceptance of the
Work for a period of twelve(12) months from the date of final, and not substantial, completion.
ARTICLE XIX—ACCIDENTS
In the event of any accident of any kind that involves the general public or property of the Village or a third
party, the Contractor shall immediately notify the Fire Chief by phone as well as provide Notice of the same. The
Notice shall include a full accounting of all details of the accident. The Contractor shall furnish the Village with
copies of all reports of such accidents at the same time that the reports are forwarded to any other interested parties.
ARTICLE XX—NO ASSIGNMENT
If the Contractor sublets or assigns any part of the Work then the Contractor shall not under any
circumstances be relieved of its liabilities hereunder. All transactions of the Village shall be with the Contractor.
Subcontractors shall be recognized only in the capacity of employees or workmen and shall be subject to the same
requirements as to character and competence. The Contractor shall not assign, transfer, convey, sell or otherwise
dispose of the whole or any part of this Contract to any person, firm or corporation without written consent of the
Fire Chief or his authorized representative.
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ARTICLE XXI—DEFAULT
The following shall constitute a default an"Event of Default"by the Contractor under this Contract:
A. If the Contractor shall fail to strictly observe or perform one or more of the terms, conditions, covenants
and agreements of this Contract;
B. If there shall be placed on any property owned by the Village any mechanics', materialmens' or suppliers'
lien;
C. If there shall be instituted any proceeding against the Contractor seeking liquidation, dissolution or similar
relief and the same shall not be dismissed within forty-five(45)calendar days;
D. If there shall be appointed any trustee, receiver or liquidator of the Contractor and such appointment shall
not have been vacated within forty-five(45)calendar days; and
E. If the Contractor fails to maintain or obtain any and all permits, licenses and the like, if any, required by
the Village, State or Federal governments for the Work.
Upon any Event of Default the Village shall have the option of(i)terminating the Contract;(ii)pursuing any remedy
available to it at law or in equity; or(iii)pursuing both simultaneously. In addition, upon an Event of Default, the
Village may withhold payments due to the Contractor until it has hired a replacement of the Contractor and deducted
all costs of hiring a replacement.
ARTICLE XXII—DELAYS
The Contractor shall not be liable in damages for delays in performance when such delay is the result of
fire, flood, strike, acts of God, or by any other circumstances which are beyond the control of the Contractor;
provided, however, under such circumstances the Village may, at its option, cancel the Contract.
ARTICLE XXIII—COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal,
state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work,now in effect,
or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules
referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay
Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant
thereto (including but not limited to those safety requirements involving work on elevated platforms), all forms of
traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers'
Compensation Laws,Public Construction Bond Act,Public Works Preference Act,Employment of Illinois Workers
on Public Works Act, USA Security Act, federal Social Security Act(and any of its titles), and any other law, rule
or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection
Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission,
EEOC, and the Village of Buffalo Grove. Notwithstanding the following, the Contractor shall particularly note
that:
A. NO DISCRIMINATION—The Contractor shall comply with the provisions of the Illinois Public
Works Employment Discrimination Act and the Illinois Human Rights Act/Equal Opportunity Clause which,
pursuant to Illinois law,are deemed to be part of this Contract.
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B. FREEDOM OF INFORMATION - The Contractor agrees to furnish all documentation related
to the Contract, the Work and any documentation related to the Village required under an Illinois Freedom of
Information Act(ILCS 140/1 et.seq.)("FOIA")request within five(5)calendar days after the Village issues Notice
of such request to the Contractor. The Contractor agrees to defend, indemnify and hold harmless the Village, and
agrees to pay all reasonable costs connected therewith (including, but not limited to attorney's and witness fees,
filing fees and any other expenses)for the Village to defend any and all causes, actions, causes of action, disputes,
prosecutions, or conflicts arising from Contractor's actual or alleged violation of FOIA or the Contractor's failure
to furnish all documentation related to a FOIA request within five (5)calendar days after Notice from the Village
for the same. Furthermore, should the Contractor request that the Village utilize a lawful exemption under FOIA
in relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs connected therewith
(such as attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. This
defense shall include,but not be limited to,any challenged or appealed denials of FOIA requests to either the Illinois
Attorney General or a court of competent jurisdiction.
C. NOT A BLOCKED PERSON- The Contractor affirms and covenants that neither the Contractor
nor any individual employed by the Contractor for this Work or under this Contract is a person forbidden from
doing business with a unit of local government under Executive Order No. 13224 (Sept 23, 2001), 66 Fed.Reg.
49,079 (Sept 23, 2001) or is a person registered on the Specially Designated Nationals and Blocked Persons List.
The Contractor shall indemnify the Village from all costs associated with failure to comply with this paragraph.
D. SUBSTANCE ABUSE PREVENTION ON PUBLIC WORKS ACT - The Contractor knows,
understands and acknowledges its obligations under the Substance Abuse Prevention on Public Works Act (820
ILCS 265/1 et seq.), and shall comply and require all subcontractors and lower tiered contractors to comply with
the requirements and provisions thereof.
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ARTICLE XXIV—NO WAIVER OF RIGHTS
A waiver by the Village of any Event of Default or any term of provision of this Contract shall not be a
waiver of the same Event of Default, another Event of Default or any other term or provision of this Contract.
ARTICLE XXV—CONTROLLING LAW AND VENUE
This Contract is entered into in the State of Illinois, for work to be performed in the State of Illinois and
shall be governed by and construed in accordance with the laws of the State of Illinois. Any legal matters or dispute
shall be resolved in the Circuit Court of Cook County and the Parties hereby submit to the jurisdiction of such
Circuit Court. This Contract shall be construed without regard to any presumption or other rule requiring
construction against the Party causing the Contract to be drafted.
ARTICLE XXVI—MISCELLANEOUS
A. AMENDMENT—This Contract may be amended only in writing executed by both Parties.
B. NO RECORDING—This Contract,or a memorandum thereof, may not be recorded in any form by either
Party. If either Party records this Contract,or a memorandum thereof, they shall immediately file a release
of the same.
C. SECTION HEADINGS—The headings in the Contract are intended for convenience only and shall not
be taken into consideration in any construction or interpretation of the Contract.
D. NO THIRD PARTY BENEFICIARIES —This Contract does not confer any rights or benefits on any
third party.
E. BINDING EFFECT—This Contract shall be binding and inure to the benefit of the Parties hereto, their
respective legal representatives, heirs and successors-in-interest.
F. ENTIRE AGREEMENT — This Contract supersedes all prior agreements and understandings and
constitutes the entire understanding between the Parties relating to the subject matter hereof.
G. SEVERABILITY - If any term, condition or provision of the Contract is adjudicated invalid or
unenforceable, the remainder of the Contract shall not be affected and shall remain in full force and effect,
to the fullest extent permitted by law.
H. TORT IMMUNITY DEFENSES - Nothing contained in this Contract is intended to constitute nor shall
constitute a waiver of the rights, defenses, and immunities provided or available to the Village under the
Local Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10 et seq.
I. CALENDAR DAYS AND TIME. Unless otherwise provided in this Contract,any reference in this
Contract to"day"or"days"shall mean calendar days and not business days. If the date for giving of any
notice required to be given, or the performance of any obligation, under this Contract falls on a Saturday,
Sunday or federal holiday, then the notice or obligation may be given or performed on the next business
day after that Saturday,Sunday or federal holiday.
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J. FAVORABLE TERMS-Contractor represents that all of the benefits and terms granted by Contractor
herein are at least as favorable as the benefits and terms granted by Contractor to Illinois Home Rule
Municipalities. Should Contractor enter into any subsequent agreement with any Illinois Home Rule
Municipalities, during the term of this Agreement, which provides for benefits or terms more favorable
than those contained in this Agreement,including all exhibits to this Agreement,then this Agreement shall
be deemed to be modified to provide the Village with those more favorable benefits and terms.
Contractor shall notify the Village, in writing, promptly of the existence of such more favorable benefits
and terns and the Village shall have the right to receive the more favorable benefits and terms immediately.
If requested in writing by the Village,Contractor shall amend this Agreement to contain the more favorable
terms and conditions.
K. COUNTERPARTS—This Contract may be executed by the Parties in any number of counterparts, each
of which shall be deemed an original,but all of which together shall constitute an original instrument.
ACKNOWLEDGEMENT
The undersigned hereby represent and acknowledge that they have read the foregoing Agreement,that
they know its contents,and that in executing this Agreement they have received legal advice regarding
the legal rights of the party on whose behalf they are executing this Agreement,and that they are
executing this Agreement as a free and voluntary act and on behalf of the named parties.
IN WITNESS WHEREOF,the Parties hereto have caused the Contract to be executed as of the Effective Date.
Village of Buffalo Grove, Fire Service Inc.
an Illinois home-rule unit of government
By: 4__ B
m Nae: Dane ragg Name: /V
Title: Village Manager Title: ,�A_L/t t. 1�OJVACa�
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l
CONTRACT EXHIBIT A- DESCRIPTION OF THE WORK
YEARLY PREVENTATIVE MAINTENANCE FOR FIRE APPARATUS
Requested Services
Full Chassis,Pumper& Squad Maintenance
(A) MAINTENANCE
1. Change engine oil and filters.
2. Change transmission oil and filters.
3. Change fuel filters.
4. Replace air filter.
5. Chassis lubrication and check levels.
6. Major Brake inspection(drum brakes, remove backing plates and inspect-- disk brakes drop
caliper pin& fully inspect lining material).
7. Chassis inspection.
8. Pump inspection.
9. Pump service test.
10. Electrical system test.
11. Pump transmission fluid change.
12. Rear differential fluid change.
13. Change Generator oil& filter
14. Service Generator fuel& air filters
15. Road test.
(B) MAINTENANCE
1. Change engine oil and filters
2. Change fuel filters.
3. Service air cleaner.
4. Chassis lubrication& check all fluid levels.
5. Minor Brake inspection.
6. Chassis inspection.
7. Pump inspection.
8. Road test.
Full Ambulance Maintenance
(A) MAINTENANCE
1. Change engine oil and filters.
2. Change transmission oil and filters.
3. Change fuel filters.
4. Replace air filter.
5. Chassis lubrication and check levels.
6. Major Brake Inspection.
7. Chassis inspection.
8. Rear differential fluid change.
9. Electrical system test.
10. Road test.
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Full Ambulance Maintenance
(B) MAINTENANCE
1. Change engine oil and filters.
2. Change fuel filters.
3. Service air cleaner.
4. Chassis lubrication& check all fluid levels.
5. Minor Brake inspection.
6. Chassis inspection.
7. Road test.
Full Aerial Maintenance
(A) MAINTENANCE
1. Complete cleaning and lubrication.
2. Annual NFPA 1911 Test(not NDT Test)
3. Change hydraulic filters.
4. Hydraulic Oil Sampling.
(B) MAINTENANCE
1. Complete cleaning and lubrication.
2. Visual inspection
3. Operational test.
1. The Pumper and Rescue Full Semi-Annual Program includes: 1 (A) Maintenance and 1 (B)Maintenance
per year.
2. The Ambulance Full Semi-Annual Program includes:
1--(A)Maintenance and 1-- (B)Maintenance per year.
3. Aerial and Chassis Yearly Maintenance Programs Complete Aerial Full Semi-Annual Program includes:
1 -Chassis(A)Maintenance per year 1 -Aerial(A)Maintenance per year
1 -Chassis (B)Maintenance per year 1 -Aerial (B)Maintenance per year
4. Any Village vehicle left at the Contractor's facilities should be secured inside a locked fenced compound
under video surveillance or within a locked building.
Fire Fleet Maintenance 14
Abbreviated Chassis, Pumper,Tanker,Aerial & Squad Maintenance
(A) MAINTENANCE
1. Change engine oil and filters
2. Change fuel filters.
3. Chassis lubrication and check levels.
4. Major Brake inspection(drum brakes, remove backing plates and inspect-- disk
brakes drop caliper pin&fully inspect lining material).
5. Chassis inspection.
6. Pump inspection.
7. Pump service test.
8. Pump transmission fluid change.
9. Road test.
(B) MAINTENANCE
1. Change engine oil and filters
2. Change fuel filters.
3. Service air cleaner.
4. Chassis lubrication& check all fluid levels.
5. Minor Brake inspection.
6. Chassis&Pump safety inspection.
7. Road test.
Abbreviated Aerial Maintenance
(A) MAINTENANCE
1. Complete cleaning and lubrication.
2. Annual NFPA 1911 Test(not NDT Test)
3. Hydraulic Oil Sampling.
(B) MAINTENANCE
1. Lubrication.
2. Visual inspection
3. Operational test.
1. Abbreviated Semi-Annual Program for Tanker, Pumper or Squad includes
Abbreviated(A)PM and 1 Abbreviated(B)PM
2. Abbreviated Ambulance Semi-Annual Program includes: 1 Abbreviated(A)PM and 1 Abbreviated(B)
PM
3. Abbreviated Semi-Annual Program for Aerials includes: 1-Abbreviated(A)PM Chassis, 1-Abbreviated
(B)PM Chassis 1-Abbreviated Aerial (A)PM and 1-Abbreviated(B)Aerial PM
4. Any Village vehicle left at the Contractor's facilities should be secured inside a locked fenced compound
under video surveillance or within a locked building.
Fire Fleet Maintenance 15
CONTRACT EXHIBIT B- SCHEDULE OF PRICES
1. Unit 237-Full semi-annual PM program $ 5,850.00 _ per year.
2. Unit 218-Abbreviated semi-annual PM program $3,000.00- _ per year.
3. Unit 246---Abbreviated semi-annual PM Program $3,000.00 per year.
4. Unit 226---Abbreviated semi-annual PM Program $1 200.00__ _ per year.
5. Unit 225---Abbreviated semi-annual PM Program $1,200.00 per year.
6. Unit 224---Abbreviated semi-annual PM Program $1,200.00, per year.
7. *Unit 248---Abbreviated annual PM Program $700.00 per year.
8. *Unit 299---Abbreviated annual PM Program $700.00 per year.
9. *Unit 298---Abbreviated annual PM Program $700.00 per year.
10. *Unit 291---Abbreviated annual PM Program $700.00 per year.
11. *Unit 292---Abbreviated annual PM Program $700.00 per year.
12. *Unit 296---Abbreviated annual PM Program $700.00 per year.
13. *Unit 295---Abbreviated annual PM Program $700.00 per year.
14. *Unit 297---Abbreviated annual PM Program $700.00 _ ,per year.
15. Unit 227---Abbreviated annual PM Program $1200 00 per year.
16. Unit 235---Full semi-annual PM Program $ 5,850.00 per year.
17. Unit 217---Full semi-annual PM Program $3,000.00 per year.
18. Unit 236-Full semi-annual PM program $5,850.00 per year.
19. Unit 214-Full semi-annual PM program $3,000.00 per year.
20. Unit 99 ---Abbreviated semi-annual PM Program $1�200.00 per year.
Total $41,150.00 per year.
Cost for concierge service transporting Vehicles to and from the Village of Buffalo Grove to a Fire Service Inc.service
facility.$ 0 (No Charge)
Hourly Rate for services Regular time 118.00 Overtime$ 118.00
Markup on Materials:is the percent added to the actual wholesale(no retail pricing will be accepted)cost($1-$1,500)of
materials or special equipment rental shall not exceed 20%
Markup on Materials:is the percent added to the actual wholesale(no retail pricing will be accepted)($1,500.01-and up)
cost of materials or special equipment rental shall not exceed 15%
All materials required to perform Preventive Maintenance including but not limited to oil, lubricants, and filters, shall be
considered incidental to the cost of the contract and will not be paid for separately. In the event additional equipment and/or
materials are necessary to perform services, the Contractor shall receive prior written approval from the Village. Failure to
obtain prior approval could result in non-payment by the Village.
Emergency call out response time Hours 2 hours®
Fire Fleet Maintenance 16
CONTRACT EXHIBIT C- LIST OF APPARATUS
Unit Manufacturer Model Classification VIN Note Year Current
237 KIff Excel 63-Fire,Ladders lk9af42883n058711 KME 3S-HD- 2003 10889 6
XMFD 75-SA-RM
HALE
QMAX200-23L
85218
218 KME Predator 65-Fire,Pumpers 1K9AF42847NO58291 Hale QMAX200- 2067 77312
211L 93976
246 International 4400 67-Fire,Rescue lhtmkazn86h243309 2005 17340
226 Frei f tliner M2106 61-Ambulance 1FVACWFD9JHJZ0171 Horton 623-1 2018 43890
225 Frei htliner 6234 61-Ambulance 1FVACWDU2FHGS9658 2015 667764
224 Freightliner 6..... _ _--..
1-Ambulance 1FVACWDUOGHHF9273 2016 45025
*248 Ford 1/2 Ton 24-3/4 Ton 1FTSX21R88EE05499 2008 46635
Pickup 2WD
*299 Ford E350 19-Full Size Van 10TSS34P39DA66110 2009 91242
*298 Ford Explorer 69-Fire,Misc 1FMEU7DE8AUA57903 2010 62220
*291 Ford Explorer 09-Full-Size Fire 1FM5K8ARXHGC78186 7130 11 0758585 2017 41442
Unmarked _
*292 Ford Explorer 09-Full-Size Fire 1FM5K8AR8HGC78185 60948437049 2017 45416
Unmarked
*296 Ford Explorer 05-Auto 4" 1FM5K8AR3GGA07985 70733937708 2616 60390
*295 Ford Explorer F05-Auto 4WD 1FM5K8AR1GGA07984 7.07172E+12 2016 58895
*297 Ford Utility 05-Auto 4WD 1FM5K8ABOL.GA71334 2020 4574
Interceptor
227 Ford F450 61-Ambulance 1FDUF4HT3CEC73362 2012 97051
235 Ferrara Inferno 63-Fire,Ladders 1F95083309H140612 HALE QMAX 2010 89568
A3177
HARRISON
MCR10KW
C105911
217 Ferrara Igniter 65-Fire,Pumpers 1F9424427AH140714 EQUIP: HALE 2010 71949
QMAX A2431
EQUIP2:
HARRISON
MCR8KW
B105662
236 E-One Cyclone 63—Fire,Ladders 4ENLAAA8XG 1000631 2016 26709
214 E-One Typhoon 65—Fire,Pumpers 4EN6AAA8XG1000643 E-One Shop 2016 40206
Number 140643
99 Ford E450 49—Com Van 1FDXE45P39DA74317 2009 4099
Vehicles denoted with an asterisk will be included in the Preventative Maintenance Program at the Village's option.
Fire Fleet Maintenance 17