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2017-10-16 - Village Board Regular Meeting - Agenda Packet2. Approval of Minutes A. Village Board - Regular Meeting - Sep 18, 2017 7:30 PM B. Village Board - Committee of the Whole - Oct 2, 2017 7:30 PM 3. Approval of Warrant A. Approval of Warrant #1281 (Trustee Johnson) (Staff Contact: Brett Robinson) 4. Village President's Report A. Tuesday October 31, 2017 - Trick or Treat Day in Buffalo Grove (President Sussman) (Staff Contact: Dane Bragg) B. Proclamation Commending Bev Hansen on Her Retirement as Steward at the Buffalo Grove Prairie (President Sussman) (Staff Contact: Dane Bragg) 5. Village Manager's Report A. Promotion of Larry Lezon to the Office of Fire Lieutenant (Trustee Ottenheimer) (Staff Contact: Mike Baker) B. Bill Reid Community Service Award Presentation (President Sussman) (Staff Contact: Dane Bragg) C. Proclamation for World Polio Day 2017 (President Sussman) (Staff Contact: Dane Bragg) 6. Special Business 7. Reports from Trustees 8. ConsentAgenda 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). A. Proclamation Recognizing October as Canavan Disease Awareness Month (President Sussman) (Staff Contact: Dane Bragg) SUMMARY: A Proclamation Recognizing October as Canavan Disease Awareness Month. B. Proclamation Declaring November as Native American Heritage Month (President Sussman) (Staff Contact: Dane Bragg) SUMMARY: The Village recognizes November as Native American Heritage Month. C. Quicket Solutions E-Ticket Contract (Trustee Smith) (Staff Contact: Brett Robinson) SUMMARY: The Police Department is requesting approval of the Quicket Solutions e- ticket contract to purchase printers and software. D. Award of Bid Exterior Masonry Improvements at Fire Stations 25 and 26 (Trustee Stein) (Staff Contact: Brett Robinson) SUMMARY: Staff recommends that the Village Board authorize the Village Manager to execute a contract with lowest responsive and responsible bidder Continental Construction Co., Inc., in an amount not to exceed $53,000.00 for exterior masonry improvements at Fire Station 25 and Fire station 26. E. Change Order for GoIfview Lift Station Reconstruction (Trustee Stein) (Staff Contact: Brett Robinson) SUMMARY: Staff recommends that the Village Board approve a change order requesting 42 additional calendar days for completion of the Golfview Lift Station Reconstruction Project, pending the Village Manager's determination that the change is in the best interest of the Village of Buffalo Grove. This extension does not increase the cost of the project. F. Authorization to Execute Contract Extensions with Multiple Vendors (Trustee Johnson) (Staff Contact: Brett Robinson) SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute the following Contract extensions as listed below and further detailed in the attached memo. A fifth and final contract option with Elevator Inspection Services Company, Inc.(EIS), for Elevator Inspection Services. A third year contract option with Clarke Environmental for Mosquito Abatement Services. A fifth and final contract option with InterDev,LLC., for Information Technology Services. A fifth and final contract option with Melrose Pyrotechnics., for Firework Displays. A fifth and final contract option with Indestructo rental company for Tent and Equipment Rental Services. A second year contract option with Service Sanitation for Portable Restroom Rental and Services. A second year contract option with Gen Power Inc., for Portable Power and Lighting. A fourth year contract option with Magic Dreams Productions for Video Services. A fourth year contract option with Municipal GIS Partners, Inc., for Geographical Information Services. A third and final contract option with Denler Inc., for Crack Sealing Services. A third and final contract option with Hydro Vision Inc., for Sewer Televising Services. A second year contract option with Perfect Cleaning Services, for Custodial Services A second year contract option with Wold Ruck Pate, for Architectural Services A second year contract option with Reliable Property Services, for Landscaping Services A third year contract option with Ultrastrobe Inc., for Emergency Vehicle Lighting Installation Services. Fourth and fifth year contract options with Reliable Property Services, for Golf Course Maintenance Services at both the Buffalo Grove and Arboretum Golf Courses. G. 0-2017-42 Ordinance Updating the Fee and Fine Ordinance (Trustee Johnson) (Staff Contact: Scott Anderson) SUMMARY: The ordinance updates the Village of Buffalo Grove's Fee and Fine schedule to reflect the changes discussed at the August and October Committee of the Whole meetings. A full list of changes is detailed in the attached memorandum. 9. Ordinances and Resolutions A. 0-2017-43 Ordinance Approving a Special Use for a Child Day Care Home at 315 Gardenia Drive (Trustee Ottenheimer) (Staff Contact: Chris Stilling) B. 0-2017-44 Ordinance Approving a Special Use for a Recreational Facility at 1610 Barclay Blvd (Trustee Stein) (Staff Contact: Chris Stilling) C. R-2017-27 A Resolution Approving an Intergovernmental Agreement Recertifying the Canadian National Railroad Corridor Quiet Zone (Trustee Stein) (Staff Contact: Michael Reynolds) 10. Unfinished Business 11. New Business A. Authorization for the Village Manager to Enter into a Collective Bargaining Agreement with the International Association of Firefighters, Local 3177 (Trustee Smith) (Staff Contact: Arthur Malinowski) B. Reject All Bids and Rebid 2017 Carpeting Project (Trustee Stein) (Staff Contact: Brett Robinson) 12. 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. 13. 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. 2.A 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, SEPTEMBER 18, 2017 CALL TO ORDER President Sussman called the meeting to order at 7:29 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Ottenheimer, Weidenfeld and Johnson. Trustee Stein was absent. y d Also present were: Dane Bragg, Village Manager; Kevin Kearney, Assistant Village Attorney; Jennifer 3 Maltas, Deputy Village Manager; Art Malinowski, Director of Human Resources; Brett Robinson, Director of Purchasing; Evan Michel, Management Analyst; Peter Cahill, Human Resources Management Analyst; C Christopher Stilling, Director of Community Development; Mike Reynolds, Director of Public Works; j Darren Monico, Village Engineer; Fire Chief Baker and Deputy Police Chief Szos. a a APPROVAL OF MINUTES Q Moved by Weidenfeld, seconded by Ottenheimer, to approve the minutes of the August 21, 2017 Regular Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Stein Motion declared carried. Moved by Berman, seconded by Johnson, to approve the minutes of the August 29, 2017 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1— Stein Motion declared carried. Moved by Ottenheimer, seconded by Johnson, to approve the minutes of the September 5, 2017 Special Meeting. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1— Stein Motion declared carried. WARRANT #1280 Mr. Robinson read Warrant #1280. Moved by Johnson, seconded by Weidenfeld, to approve Warrant 41280 in the amount of $3,287,889.31, authorizing payment of bills listed. Upon roll call, Trustees voted as follows: AYES: 4 — Berman, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1 — Stein Packet Pg. 5 2.A Motion declared carried. VILLAGE PRESIDENT'S REPORT President Sussman appointed Eric Smith to the position of Trustee for the unexpired vacant term ending April 30, 2019. Moved by Ottenheimer, seconded by Berman, to concur with President Sussman's appointment. Upon roll call, Trustees voted as follows: AYES: 4— Berman, Ottenheimer, Weidenfeld, Johnson NAYS: 0 — None ABSENT: 1— Stein Motion declared carried. Judge Charles Johnson of the Nineteenth Judicial Circuit Court of Lake County noted that he is honored to be in attendance this evening. Judge Johnson then administered the oath of office to Village Trustee Eric Smith. Trustee Smith was congratulated by the audience and the Board. Moved by Ottenheimer, seconded by Berman, to approve the appointment of Frank Cesario as Chairman of the Planning & Zoning Commission. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1 — Stein Motion declared carried. President Sussman asked Elaine Nekritz to come forward as she read a Proclamation commending her for her dedicated service to the citizens of Buffalo Grove. Trustee Berman pointed out that this Proclamation is well deserved and he concurs with all the accolades given to Elaine Nekritz, but he does believe that it is important to note that this is about her past service as our representative in the General Assembly, a position from which she is retiring, and should not be considered a partisan endorsement by this Board since the Board does not act in a partisan political manner. Dr. Robert Hudson, Aptakisie-Tripp CCSD 102, shared a Public Service Announcement created by the students in the B.A.S.I.C. Awareness program, which addresses the areas of bullying, alcohol and drug education, social networking, internet safety, and cell phone and text usage. There is no Village Manager's report tonight. VILLAGE MANAGER'S REPORT REPORTS FROM TRUSTEES Trustee Johnson reported on the recent successful Blood Drive held during Buffalo Grove Days. CONSENT AGENDA President Sussman explained the Consent Agenda, stating that any member of the audience or the Board could request that an item be removed for full discussion. The Village Clerk read a brief synopsis of each of the items on the Consent Agenda. Proclamation - Domestic Violence Awareness Month Motion to approve Proclamation recognizing Domestic Violence Awareness Month. U) d c 0 �a 0 a a Q Packet Pg. 6 2.A Roof Replacement — Fire Station 25 Motion to authorize the Village Manager to execute a contract with DCG Roofing Solutions, Inc, in an amount not to exceed $149,300.00 for a flat roof replacement project at Fire Station 25. Roof Replacement — Metra Station Motion to authorize the Village Manager to execute a contract with the low bidder, Master Project Inc. in an amount not to exceed $26,600.00 for a roof replacement project at the Buffalo Grove Metra Station. Roof Replacement — Golf Maintenance Building Motion to authorize the Village Manager to execute a contract with Sealtight Exteriors Inc, in an amount not to exceed $35,650.00 for a roof replacement project at the Golf Maintenance Building at 454 Old U) d Checker Road. 3 c Replacement Ambulance 4- 0 Motion to authorize the Village Manager to purchase a 2017 Freightliner Chassis with a custom Horton j Ambulance Body, from Foster Coach Sales in an amount not to exceed $272,820.00. o a a Replacement Vehicles Q Motion to authorize the Village Manager to purchase two 2017 Ford Fusions from Roesch Ford in a total not to exceed amount of $40,294.000. Intergovernmental Agreement Motion to execute an Intergovernmental Agreement between the Village of Buffalo Grove and PACE. Resolution No. 2017-25 Motion to pass Resolution No. 2017-25, adopting the 2017 Lake County All Natural Hazards Mitigation Plan. Ordinance No. 2017-40 Motion to pass Ordinance No. 2017-40, amendment to Ordinance No. 97-80 for Modifications to an Existing Communications Tower at 351 Hastings. Moved by Johnson, seconded by Weidenfeld, to approve the Consent Agenda. Upon roll call, Trustees voted as follows on the Consent Agenda: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1— Stein Motion declared carried. ORDINANCE NO. 2017-41— MUNICIPAL CODE Moved by Berman, seconded by Weidenfeld, to pass Ordinance No. 2017-41, amending Chapter 10 of the Village of Buffalo Grove Municipal Code, in order to create additional turning restrictions from Prairie Road on to Brockman Avenue as requested by Vernon Township. Mr. Monico reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of September 13, 2017, after which he answered questions from the Board. Packet Pg. 7 2.A Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1— Stein Motion declared carried. RESOLUTION NO. 2017-26 — AGREEMENT Moved by Berman, seconded by Johnson, to pass Resolution No. 2017-26, approval of an Agreement with the Wisconsin Central Railroad and Lake County, for the purpose of collaborating for the creation of a pedestrian crossing with pedestrian gates at Aptakisic Road at the CN/Wisconsin Central railroad tracks, with grant funding. d Mr. Monico reviewed the proposal, details of which are contained in his September 7, 2017 memo to Mr. Bragg, after which he answered questions from the Board. 0 Upon roll call, Trustees voted as follows: j 0 i AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith a NAYS: 0 — None Q ABSENT: 1— Stein Motion declared carried. a MJK DEVELOPMENT Moved by Weidenfeld, seconded by Johnson, to accept Certificate of Initial Acceptance for MJK Development, subject to receiving an approved cross access agreement. Mr. Monico reviewed the proposed agreement, details of which are contained in his memo to Mr. Bragg of September 7, 2017. Mr. Stilling also commented on the proposal, after which both gentlemen answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1 — Stein Motion declared carried. VILLAGE HALL ROOF REPAIR Moved by Weidenfeld, seconded by Smith, to approve waiver of bids and authorize the Village Manager to execute an agreement with National International Roofing, Inc. at a price not to exceed $26,650.00 for roof repairs at Village Hall, pending review and approval of the agreement by the Village Attorney. Mr. Robinson reviewed the proposal, details of which are contained in the September 13, 2017 memo sent to Mr. Bragg from him and Mr. Skibbe, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1 — Stein Motion declared carried. Packet Pg. 8 2.A PRINTING SERVICES Moved by Berman, seconded by Johnson, to approve the requested authorization to negotiate printing services in accordance with the material contained in Board packets. Trustees Berman and Johnson amended the motion to reject previous bids and authorize bid waivers. Mr. Robinson reviewed the proposal, details of which are contained in his memo to Mr. Bragg of September 13, 2017, after which he answered questions from the Board. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith y d NAYS: 0 — None 3 ABSENT: 1 — Stein r- 2 Motion declared carried. 4- 0 PUBLIC SERVICE CENTER HVAC > 0 i Moved by Weidenfeld, seconded by Berman, to award bid for the Public Service Center HVAC system to a Pro -Temp of Illinois, Inc. in an amount not to exceed $193,000.00. Q Mr. Robinson reviewed the proposal, details of which are contained in the September 14, 2017 memo to Mr. Bragg from him and Mr. Skibbe. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1 — Stein Motion declared carried. 185 N. MILWAUKEE AVENUE Trustee Johnson recused herself from this discussion since she has a family member who is employed by Manhard & Associates, and although there is no legal conflict of interest, she will recuse herself out of an abundance of caution. Mr. Stilling introduced the proposed new Shell Gas Station at 185 N. Milwaukee Avenue. Representatives from True North Energy, LLC presented a brief introduction of the True North team and their history, after which they presented a summary of the project, details of which are contained in Mr. Stilling's memo to the Board of September 13, 2017. Board discussion followed with the primary focus on the possible saturation of gas stations in the area, and the proximity of the gas pumps to the roadway. Moved by Berman, seconded by Smith, to refer this matter to the Planning & Zoning Commission for review. Upon roll call, Trustees voted as follows: AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith NAYS: 0 — None ABSENT: 1 — Stein Motion declared carried Packet Pg. 9 2.A QUESTIONS FROM THE AUDIENCE President Sussman 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. Paulette Greenberg and J.V. Springman briefly commented on the planning that goes into planning Buffalo Grove Days, and thanked everyone involved in making it successful. A full report will be presented in the future when the final financials are presented. Trustee Smith thanked the Village President and the Board for the trust they placed in him by appointing him to the position of Village Trustee, and promised that he will work very hard to validate that trust. Trustee Smith also promised the residents that he will listen to everyone and always work in the best interests of the Village of Buffalo Grove. U) d EXECUTIVE MEETING 3 c Moved by Johnson, seconded by Weidenfeld, to move to Executive Session to discuss Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, C or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including j Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal o Counsel for the Public Body to Determine its Validity, and Section 2(C)(2) of the Illinois Open Meetings CL CL Act: Collective Negotiating Matters between the Public Body and its Employees or their representatives, < or Deliberations Concerning Salary Schedules of one or more classes of employees 2 The Board moved Executive Session from 8:59 to 10:15 P.M. ADJOURNMENT Moved by Ottenheimer, seconded by Berman, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:16 P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 16`" DAY OF October 2017 Village President Packet Pg. 10 2.B MINUTES OF THE COMMITTEE OF THE WHOLE MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS ON MONDAY, OCTOBER 2, 2017 CALL TO ORDER President Sussman called the meeting to order at 7:28 P.M. Those present stood and pledged allegiance to the Flag. ROLL CALL Roll call indicated the following present: President Sussman; Trustees Berman, Stein, Ottenheimer, Weidenfeld, Johnson and Smith. N d Also present were: Dane Bragg, Village Manager; Jennifer Maltas, Deputy Village Manager; Scott Anderson, c Director of Finance; Andrew Brown, Deputy Director of Finance; Art Malinowski, Human Resource Director; Peter Cahill, Human Resources Management Analyst; Evan Michel, Management Analyst; Chris Stilling, o Director of Community Development; Nicole Woods, Village Planner; Mike Reynolds, Director of Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; and Fire Chief Baker. o o. a The Committee of the Whole Meeting consisted of staff reports and Board discussion on the following issues. Q RESIDENT SURVEY RESULTS Jade Rocha, a member of the survey project team from the National Research Center, presented an overview of the survey's findings, details of which are contained in Mr. Michel's memo to the Board of September 22, 2017. DONOR ADVISED FUND — LAKE COUNTY COMMUNITY FOUNDATION Staff is seeking direction from the Village Board to enter in to negotiations with the Lake County Community Foundation to create a Donor Advised Fund Agreement for the creation of a Buffalo Grove Donor Advised Fund that supports, funds and manages many of the Village's quality of life initiatives. Mr. Michel reviewed this item, details of which are contained in his memo to the Board of September 11, 2017. ECONOMIC DEVELOPMENT TOOLS Geoff Dickinson, SB Friedman Development Advisors, made a presentation to the Board regarding private partnerships and the economic development tools available to facilitate development. Further information is contained in the memo to the Board of September 25, 2017 from Mrs. Woods and Mr. Stilling. FACILITY PLANNING UPDATE Mr. Anderson reviewed the Village Facility Study Status Report, prompting discussion about options available for the future of Village -owned facilities, as a considerable amount of capital will be required to fix significant building systems over the next few years. 2018-2023 BUFFALO GROVE STRATEGIC PLAN Ms. Maltas presented a high-level overview of the 2018-2023 Buffalo Grove Strategic Plan. Staff is seeking input on the plan with the goal of approving the plan in December. SUBURBAN LIABILITY INSURANCE POOL UPDATE Packet Pg. 11 2.B Mr. Anderson presented an update on the implementation of the Suburban Liability Insurance Pool, which will assess possible cost savings by pooling excess coverage bands across the member municipalities, details of which are contained in the memo to the Board of September 25, 2017 from him and Mr. Michel. PERSONNEL MANUAL REVISIONS UPDATE Mr. Malinowski brought the Board up to date on the comprehensive review and revision of the Buffalo Grove Personnel Manual, details of which are contained in the memo to Mr. Bragg of September 26, 2017 from him and Mr. Cahill. ANNUAL ANIMAL LICENSING Mr. Brown reviewed the staff recommendation to repeal Ordinance 6.12.020, elimination of the requirement for pet owners to obtain an annual animal license, further details of which are contained in his memo to Mr. Bragg y and Mr. Anderson. c TERM LIMITS — ELECTED OFFICIALS 2 4- 0 Mr. Bragg reviewed and introduced discussion on the topic of the possibility of instituting term limits for Village elected officials. 0 L O. Q UESTIONS FROM THE AUDIENCE Q President Sussman 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. EXECUTIVE MEETING Moved by Berman, seconded by Stein, to move to Executive Session to discuss Section 2(C)(1) of the Illinois Open Meetings Act: the Appointment, Employment, Compensation, Discipline, Performance, or Dismissal of Specific Employees of the Public Body or Legal Counsel for the Public Body, Including Hearing Testimony on a Complaint Lodged Against an Employee of the Public Body or Against Legal Counsel for the Public Body to Determine its Validity, and Section 2(C)(2) of the Illinois Open Meetings Act: Collective Negotiating Matters between the Public Body and its Employees or their representatives, or Deliberations Concerning Salary Schedules of one or more classes of employees The Board moved Executive Session from to 10:05 P.M. until 10:34 P.M. ADJOURNMENT Moved by Smith, seconded by Weidenfeld, to adjourn the meeting. Upon voice vote, the motion was unanimously declared carried. The meeting was adjourned at 10:35P.M. Janet M. Sirabian, Village Clerk APPROVED BY ME THIS 16`" DAY OF October 2017 Village President Packet Pg. 12 3.A Action Item : Approval of Warrant#1281 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends approval of Warrant #1281 which totals $3,599,693.73. ATTACHMENTS: • w#1281 SUMMARY (PDF) Trustee Liaison Johnson Monday, October 16, 2017 Staff Contact Brett Robinson, Finance Updated: 10/12/2017 3:45 PM Page 1 Packet Pg. 13 3.A.a VILLAGE OF BUFFALO GROVE WARRANT #1281 16-Oct-17 General Fund: 493,674.11 Parking Lot Fund: 535.02 Motor Fuel Tax Fund: 0.00 Debt Service Fund: 0.00 School & Park Donations 0.00 Capital Projects -Facilities: 57,972.93 Capital Projects -Streets: 50,927.04 Health Insurance Fund: 0.00 N Facilities Development Debt Service Fund: 0.00 L Retiree Health Savings (RHS): 0.00 L `0 Water Fund: 597,385.42 co 0 N Buffalo Grove Golf Fund: 104,008.81 Q Arboretum Golf Fund: 165,557.46 Refuse Service Fund: 58,634.71 00 N Information Technology Internal Service Fund: 104,896.59 Central Garage Internal Service Fund: 54,255.99 Building Maintenance Internal Service Fund: 65,371.26 1, 753, 219.34 a PAYROLL PERIOD ENDING 09/21/17 941,688.46 PAYROLL PERIOD ENDING 10/05/17 904,785.93 1,846,474.39 TOTAL WARRANT #1281 3,599,693.73 APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, ILLINOIS Village Clerk Village President Packet Pg. 14 4.A Information Item : Tuesday October 31, 2017 - Trick or Treat Day in Buffalo Grove ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Tuesday, October 31, 2017 from the hours of 2:00 PM to 8:00 PM is established as Trick or Treat Day in Buffalo Grove. ATTACHMENTS: • TorT Proc17 (DOC) Trustee Liaison Sussman Monday, October 16, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/12/2017 2:06 PM Page 1 Packet Pg. 15 4.A.a r 1:1. Ur n�f";°�I" ItBit�laal 611""I '4 ro I (- "utiC)"Ill Village of Buffalo Grove Tuesday, October 31, 2017 - Trick or Treat Day in Buffalo Grove WHEREAS, the children of Buffalo Grove are entitled to the fun and festivity associated with the observance of the Halloween "Trick or Treat" custom - going from door to door in the immediate neighborhood, displaying their costumes and requesting "treats"; and WHEREAS, there is increased possibility of accidents due to the general carefree spirit of children at this particular time and when costumes and masks may make them indistinguishable in the darkness; and WHEREAS, the late afternoon and early evening schedule is more conducive to the participation to the younger children, for whom the observance was originally intended, NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim that Tuesday, October 31, 2017 shall be known as TRICK -OR - TREAT DAY in Buffalo Grove between the hours of 2:00 pm and 8:00 pm. I also ask that young children be accompanied by parents or other responsible adults. I further request that householders indicate their willingness to welcome children by keeping their porch or exterior lights on and that youngsters call only on homes so lighted. Because there have been incidents of children receiving and consuming articles of food or candy that have been tampered with, it is the recommendation of this office that parents supervise closely so that children do not consume any "treats" until closely examined. It is further advised that everyone follow the rule "if in doubt - throw it out" where any evidence of tampering with packaging or surfaces of consumable products exists. I encourage the cooperation of all citizens, young and old, in making this a happy and safe occasion for children. Dated this 16th Day of October, 2017 Beverly Sussman, Village President Packet Pg. 16 4.B Information Item : Proclamation Commending Bev Hansen on Her Retirement as Steward at the Buffalo Grove Prairie ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends proclamation. Proclamation commending Bev Hansen on her retirement as Steward at the Buffalo Grove Prairie. ATTACHMENTS: • Bev hansen proc rev. (DOC) Trustee Liaison Sussman Monday, October 16, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/12/2017 2:07 PM Page 1 Packet Pg. 17 4.B.a �r '4 l,y r t t PROCLAMATION COMMENDING BEV HANSEN ON HER RETIREMENT AS STEWARD AT BUFFALO GROVE PRAIRIE WHEREAS, Buffalo Grove Prairie is a very rare unplowed black soil remnant prairie located in the Village of Buffalo Grove, on land owned by Commonwealth Edison and the Village of Buffalo Grove; and WHEREAS, 1 / 100 of 1 percent of the prairies of Illinois, The Prairie State, have survived intact to the present time; and WHEREAS, in 1989, installation of an underground power line disturbed an area five feet wide and hundreds of feet long. Bev Hansen organized and led a volunteer event to repair the soil, replace the sod and rescue the prairie plants that had been disturbed; and WHEREAS, Bev Hansen became a dedicated steward and leader of the Buffalo Grove Prairie Guardians for the past 28 years; and WHEREAS, Bev Hansen has worked diligently to remove invasive plants as well as harvest and sow seeds to maintain biodiversity at the prairie. She always brought delicious baked goods to refresh volunteers and instill fellowship during workdays; and WHEREAS, Bev Hansen has kept vigilant watch over the prairie, identified threats, and worked with the landowners and stakeholders to prevent and repair other damage to the prairie; and WHEREAS, Bev Hansen retired from her position as Steward in June 2017; NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove, commend Bev Hansen on behalf of the citizens of Buffalo Grove for her service as the leader of the Buffalo Grove Prairie Guardians. Beverly Sussman Village President Packet Pg. 18 5.A Action Item : Promotion of Larry Lezon to the Office of Fire Lieutenant ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends the Fire Lieutenant oath of office be administered for Firefighter/Paramedic Larry Lezon. Trustee Liaison Ottenheimer Monday, October 16, 2017 Staff Contact Mike Baker, Fire Updated: 10/12/2017 2:11 PM Page 1 Packet P9. 19 5.B Information Item : Bill Reid Community Service Award Presentation ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends presentation. Dr. Aaron Appell with the Rotary Club Buffalo Grove will present the Bill Reid Community Service Award to Steve Balinski. Trustee Liaison Sussman Monday, October 16, 2017 Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/12/2017 2:13 PM Page 1 Packet Pg. 20 5.0 Information Item : Proclamation for World Polio Day 2017 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends proclamation. Village of Buffalo Grove will hereby proclaim World Polio Day in Illinois to raise awareness of Polio disease and in support of Polio Research Illinois' important efforts to improve the quality of life of those who are battling this disease. ATTACHMENTS: • World Polio Day 2017 10.10.17 Trustee Liaison Sussman Monday, October 16, 2017 (DOC) Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/12/2017 2:14 PM Page 1 Packet Pg. 21 S.C.a W 000titi�auaw1W 1 h W..v., wwbW a�a�uiww w'4 001 00000000o W � 'IV it'll I ,, Village of Buffalo Grove PROCLAMATION FOR WORLD POLIO DAY 2017 WHEREAS, the Rotary Club of Buffalo Grove is a member of Rotary International, the world's first, and still one of its largest, non-profit service organizations, founded in Chicago, Illinois, in 1905; and WHEREAS, the Rotary motto "Service Above Self' inspires members to provide humanitarian service, encourage high ethical standards, and promote good will and peace in the world; and WHEREAS, Rotary in 1985 launched PolioPlus and spearheaded the Global Polio Eradication Initiative, which today includes the World Health Organization, U.S. Centers for Disease Control and Prevention, UNICEF and the Bill &v Melinda Gates Foundation, to immunize all the children of the world against polio; and WHEREAS, polio cases have dropped by over 99.9 percent since 1988, and the world now stands on the threshold of eradicating this dreaded disease and thereby eliminating the threat of polio -caused paralysis to every child in the world; and WHEREAS, members of the Rotary Club of Buffalo Grove continue to contribute their time and their resources to support PolioPlus and the Global Polio Eradication Initiative; and WHEREAS, their efforts are providing much needed operational support, medical personnel, laboratory equipment and educational materials for health workers and parents; NOW THEREFORE, BE IT RESOLVED that I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim WORLD POLIO DAY 2017 in Illinois to raise awareness of Polio disease and in support of Polio Research Illinois' important efforts to improve the quality of life of those who are battling this disease. Proclaimed this 16th day of October, 2017. Beverly Sussman Village President Packet Pg. 22 8.A Information Item : Proclamation Recognizing October as Canavan Disease Awareness Month ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends proclamation. SUMMARY: A Proclamation Recognizing October as Canavan Disease Awareness Month. ATTACHMENTS: • Canavan Disease Proclomation 7-25-17 (DOC) Trustee Liaison Staff Contact Sussman Dane Bragg, Office of the Village Manager Monday, October 16, 2017 Updated: 10/9/2017 3:44 PM Page 1 Packet Pg. 23 8.A.a r7 11 . Ur n�f";°�IlilIteit�laaI611° "I '4 ro I (- "utiC)"Ill Village of Buffalo Grove OCTOBER 2017 IS CANAVAN DISEASE AWARENESS MONTH WHEREAS, Canavan Research Illinois is a nonprofit corporation established in April 2000 to meet a critical need to support medical research to treat, cure, and improve the quality of life for all children battling Canavan disease, a rare and fatal genetic neurological disorder; and WHEREAS, the majority of those afflicted with Canavan disease do not reach their 25th birthday. These children face the loss of all motor functions, blindness, paralysis, feeding tubes, and eventual disintegration of the brain, at which point they fall into a vegetative state from which they cannot recover; and WHEREAS, Canavan Research Illinois is all -volunteer charity dedicated to raising money to support research, increase public awareness, and provide a network for Canavan families; and WHEREAS, on October 21, 2017, Canavan Research Illinois will hold the 19th Annual Canavan Charity Ball in honor and celebration of Max Randell's 20th birthday, a momentous milestone for a young man living with Canavan disease; and NOW THEREFORE, BE IT RESOLVED that I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim October 2017 as CANAVAN DISEASE AWARENESS MONTH in Illinois to raise awareness of Canavan disease and in support of Canavan Research Illinois' important efforts to improve the quality of life of those who are battling this disease. Proclaimed this 16th day of October, 2017. Beverly Sussman Village President Packet Pg. 24 8.B Information Item : Proclamation Declaring November as Native American Heritage Month ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends proclamation. SUMMARY: The Village recognizes November as Native American Heritage Month. ATTACHMENTS: • Native American Heritage Month Trustee Liaison Sussman Monday, October 16, 2017 (DOCK Staff Contact Dane Bragg, Office of the Village Manager Updated: 10/10/2017 1:33 PM Page 1 Packet Pg. 25 8.B.a Village of Buffalo Grove Native American Heritage Month WHEREAS, the history and culture of our great nation have been significantly influenced by the indigenous peoples - the first Americans - of North America; and WHEREAS, we recognize their many accomplishments, contributions, and sacrifices, and we pay tribute to their participation in all aspects of American society; and WHEREAS, we celebrate the ancestry and time-honored traditions of American Indians and Alaska Natives in North America; and WHEREAS, they have guided our land stewardship policies, added immeasurably to our cultural heritage, and demonstrated courage in the face of adversity; and WHEREAS, their native languages have also played a pivotal role on the battlefield when, during World Wars I and II, Native American code talkers developed unbreakable codes to communicate military messages that saved countless lives; NOW, THEREFORE, I, Beverly Sussman, President of the Village of Buffalo Grove do hereby proclaim the month of November 2017 as Native American Heritage Month in the Village of Buffalo Grove. Proclaimed this 16th day of October, 2017. Beverly Sussman, Village President Packet Pg. 26 8.0 Action Item : Quicket Solutions E-Ticket Contract ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The Police Department is requesting approval of the Quicket Solutions e-ticket contract to purchase printers and software. ATTACHMENTS: • Quicket memo VB Oct 2017 (DOCK • Quicket Buffalo Grove SOW FINAL 9-15-17 (DOCK • Quicket Buffalo Grove IL MSSA 9-15-17 (DOCX) Trustee Liaison Staff Contact Smith Brett Robinson, Finance Monday, October 16, 2017 Updated: 10/12/2017 2:45 PM A Page 1 Packet Pg. 27 8.C.a A1, L AGE 0F MEMORANDUM DATE: October 12, 2017 TO: Dane Bragg, Village Manager FROM: Steven Casstevens, Chief of Police SUBJECT: E-Ticket contract — Quicket Solutions Purpose: To seek approval for a contract (Statement of work and Master Software & Service Agreement) with Quicket Solutions for software and hardware for the e-ticketing program. Background: At the Village Board meeting on June 19, 2017, a report was presented regarding the electronic ticketing program approved by the Lake County Courts. At that meeting, the Board was provided information on the two vendors that were approved by the Lake County Court Clerk's Office to provide e-ticketing services for law enforcement agencies in Lake County. The Board approved the Police Department moving forward with developing a contract for services with Quicket Solutions, one of the approved vendors. As additional background, the Police Department had purchased a computer software system from IT - Stability Systems/DACRA to manage only the Administrative Adjudication system. The department has been using this system for three years, and will cease using it upon implementation of the Quicket system. Discussion: The Police Department and Village Attorney Raysa have reviewed the accompanying Statement of Work and Master Software and Service Agreement and find both documents acceptable. The agreement includes printers for each squad car, software licenses, interface and set-up fee, training, analytics, maintenance, and separate software for Administrative Adjudication. The program allows officers to electronically issue/print traffic tickets as well as Village Ordinance tickets. This new program will allow us to process all tickets (traffic and adjudication) through one data system. It will also allow us to eliminate the DACRA program that we have been using for Adjudication. For possible future purposes, the Quicket Solutions program will allow us to add other communities to our Adjudication program if we choose, which the DACRA system would not allow. Financial Impact: The original estimate presented at the June 19, 2017 Board meeting was $56,990.00 in year one. The final agreement as presented results in an actual year one cost of $48,817.00. The following years will drop to $29,802.00. Additionally, the department will see a savings by the elimination of the annual maintenance of DACRA ($7,000/year) as well as the cost of purchasing paper citations ($5,500/year). Our Records department will also see a significant reduction in data entry, as the current systems have been very labor intensive. The department continues to receive annual funding from the Clerk's Office from e-ticket fees (current balance of $22,000) as well as supervision fees (current balance of $220,000) to offset the costs of this program. Recommendation: Approval of the Statement of Work and Master Software and Service Agreement with Quicket Solutions in the amounts stated above. Packet Pg. 28 8.C.b QUICKET SOLUTIONS, INC. STATEMENT OF WORK This Quicket Solutions, Inc. Statement of Work (the "Agreement" or "SOW") is entered into by and between Quicket Solutions, Inc., a Delaware corporation ("Quicket") and the Village of Buffalo Grove, an Illinois municipal home rule corporation (the "Client") as of this day of September, 2017 (the "Effective Date"). The Client and Quicket are sometimes referred to individually as "Party" or collectively as the "Parties". This Agreement is entered into contemporaneously with the Quicket Solutions, Inc. Master Software and Service Agreement (the "MSSA") and where the terms of this Agreement conflict with the terms of the MSSA, the terms of this Agreement shall prevail and control. 1. DEFINITIONS ADMINISTRATOR PORTAL As used herein, the term "Administrator Portal" shall mean software commonly referred to as E-Citation along with all features and as updated from time to time, such features shall include a finance portal and fine collection system. ADVANCED DATA ANALYTICS As used herein, the term "Advanced Data Analytics" shall mean geospatial analysis for "hotspot" mapping of violation locations, custom report general tool; real-time IDOT racial profiling analysis; office, shift and department -wide analysis; demographic and violation type analysis; and device and user mapping. E-TICKET LICENSE As used herein, the term "E-Ticket License" shall mean a license for the Software for each police cruise and pedestrian traffic stop data sheets (IDOT complaint). MAINTENCE & SUPPORT As used herein, the term "Maintenance & Support" shall mean all maintenance and support needed for the Services as more thoroughly outlined in this Agreement. PAYMENT PORTAL As used herein, the term "Payment Portal" shall mean Quicket's online website, payquicket.com, where respondents can pay their tickets online. SERVICES As used herein, the term "Services" shall mean the installation of the Software and Administrator Portal, the performance of the Quicket Solutions Software and Services, the Payment Portal and all other obligations and services provided by Quicket under the MSSA and this Agreement. SETUP FEE As used herein, the term "Setup Fee" shall refer to the fees owed to Quicket to install the Software, Administrator Portal and any related hardware and to ensure that the same are operational for the Client as outlined in this Agreement. SOFTWARE As used herein, the term "Software" shall mean Quicket's Criminal Justice Information Services (CJIS) Security Policy, Version 5.5, June 2016 as updated from time to time. TERM As used herein, the term "Term" shall mean the period of time commencing on the Effective Date and tenninating on the fourth anniversary of the Effective Date. 2. CONTRACT DURATION AND RENEWAL This Agreement between the Parties will be in full force and effect for the entire Term subject to the conditions and terms of this Agreement. Notwithstanding anything here to the contrary, this Agreement shall automatically renew commencing on the expiration of the Term for up to ten (10) separate consecutive additional periods of two (2) years each (each an "Extension Term") upon the same terms and conditions of this Agreement. Notwithstanding anything here to the contrary, at any time after the first anniversary of the Effective Date, either Packet Pg. 29 8.C.b Party shall have the right to terminate the Agreement and the MSSA without cause and for convenience with at least ninety (90) days' notice prior to the effective date of termination. 3. SERVICES Quicket shall perform all Services in a professional manner in accordance with the specification set forth in this Agreement and the MSSA and federal, state and local law. Quicket shall provide all tools, hardware, labor and software required for the Services unless specifically noted in this Agreement. 4. PRICING The Services and hardware necessary for the Software will be paid for by the Client in the following manner: ITEM COST FREQUENCY OF PAYMENT 20 Printers for' 07,515 One -Time P©lice Cars 19 E-Ticket $1,611 Per Month License' Advanced, $400 Per Month Data Analytics Payment $0 Monthly Portal Maintenance $0 Monthly & Support Administrator $0 One -Time Portal Setup Fee $2,000 One -Time Training $150 One -Time per Hour Administrative $480 Monthly Adjudication The foregoing pricing shall be applicable for the Term and for one Extension Term only, and for any additional Extension Terms, Quicket reserves the right to review its pricing schedule. No monthly payment will be due or accrue until all Services are installed and fully operational. All "one-time" payments above shall be due upon Packet Pg. 30 8.C.b the commencement of Training. All monthly payments will be subject to the Local Government Prompt Payment Act, 50 ILCS 505 et seq., as amended from time to time. The estimated fee for Training shall be $1500, provided, however, that the actual fees may exceed the provided estimates based on the number of training sessions requested by the Client. The number of hours of Training will be determined by the Client in the Client's sole discretion. Final payment for Training shall be due within 45 days following completion of Training. In addition to the fees outlined above, there will be a one-time integration fee of $1,000 for CRIMS and $1,000 for SAMS with the Lake County Court System which will be charged if, and only if, the Client opts to do such integration. EXCEPT AS EXPRESSLY SET FORTH OTHERWISE, THE AMOUNTS SET FORTH ABOVE REPRESENT THE MAXIMUM AMOUNTS OF THE CLIENT'S POTENTIAL COSTS FOR THE APPLICABLE LINE ITEM FOR THE DURATION OF THIS AGREEMENT. QUICKET SHALL PROVIDE SUCH SERVICES EVEN IF THE COST TO QUICKET EXCEEDS THE AMOUNTS SET FORTH ABOVE UNLESS CLIENT INCREASES THE QUANTITIES OF EQUIPMENT OR REQUESTS ADDITIONAL SERVICES NOT ALREADY AGREED TO BETWEEN THE PARTIES. IN THE EVENT CLIENT ORDERS ADDITIONAL ITEMS IDENTIFIED IN THE TABLE ABOVE DURING THE TERM, SUCH ITEMS SHALL BE PROVIDED TO CLIENT AT THE PRICES AND IN THE PROPORTIONS SET FORTH ABOVE. IF THE CLIENT REDUCES THE NUMBER OF LICENSES THEN THE MONTHLY FEE SHALL BE REDUCED IN PROPORTION TO REDUCTION IN LICENSES. 5. HARDWARE REQUIRED BY CLIENT In order to provide the Software and Services under this Agreement, the Client must have the following hardware and technical items: a. Desktop of laptop computers with Windows OS and either Google Chrome or Mozilla Firefox; b. High speed internet connections for desktop computers; c. 4G LTE or better high-speed internet connections for laptop computers; and d. Zebra ZQ 520 printers Quicket covenants that it has inspected the current hardware of the Client and it is compliant with its Software and Services. To the extent there any interoperability issues between the Software and Client's hardware, Quicket shall have a reasonable opportunity to correct any technical issues that may arise between its Software and Client's hardware. In the event that Quicket is unable to correct the technical issues, Client shall have the right to terminate this Agreement on written notice to Quicket without owing any fees to Quicket for any Services whether or not the same are performed. 6. SOFTWARE UPDATES Quicket shall not update or amend its Software, Services or Administrator Portal during the Term of this Agreement in any manner which is materially detrimental to the Client, including upgrades which remove functionality. 7. CLOUD INFRASTRUCTURE AND STORAGE As part of the Maintenance & Support fee, Quicket shall provide cloud based storage to maintain all relevant information entered into the Software by the Client, its official, employees and police officers. The cloud based storage shall have the following data capacity limits: • 10 GB Structured Data: includes citation and text data 10 GB Unstructured Data: includes "Big data" such as audio, photos, video Packet Pg. 31 8.C.b Additional storage for both structured and unstructured data may be purchased by the Client at the rate of $3.00 per GB per month. Quicket will notify the Client when either Structured or Unstructured Data reaches 1 GB less than the allotted data capacity and again when such data capacity is reached. Quicket will automatically ad needed storage and will provide usage information above the allotted amounts on each monthly billing statement. The Client shall have unlimited access to its data which shall be stored in a manner that can be easily and regularly downloaded for backup such as .xls or .csv. At all times, Quicket shall maintain its cloud infrastructure hardware in a facility deemed compliant in accordance with the Federal Bureau of Investigation's Criminal Justice Information Services' latest Security Policy. Quicket shall assume all responsibility for any data breaches in its cloud based storage system and shall indemnify and hold harmless the Client from such data breaches unless the breaches are caused by the Client's own wilfull misconduct. 8. PAYMENT PORTAL Quicket shall provide a Payment Portal as part of its Services. Quicket will charge each individual a convenience fee of 5.5% for each online payment. On the first business day of every month, Quicket will deposit the sum of all payments made into the Payment Portal, minus the convenience fee, by ACH into an account designated by the Client. Any late payment by Quicket will be subject to the lesser of EIGHT PERCENT (8.00%) annual interest or the maximum interest allowed by Law. Quicket is solely responsible for ensuring that its Payment Portal is compliant with banking and credit card industries requirements and will indemnify the Client for any noncompliance. 9. ASSUMPTION OF LIABILITY. Quicket will assume all liability for any loss of revenue, loss of income or damages as a result of errors or misapplications of payments in transferring funds from the Payment Portal to Client's account as provided in Section 8 above. The assumption of liability under this section shall not be subject to any caps or limits found in the MSSA. 10. MAINTENANCE & SUPPORT Quicket shall be solely responsible for ensuring that its Software, Payment Portal, Administrator Portal and other Services function in a reliable and first-class manner. Any and all Maintenance & Support will be done remotely and will be in a manner to minimize the disruptions for the Client. Further, Quicket shall employ industry best practices in maintaining a help desk and support services, including, but not limited to, best practices for responding to, resolving and maintaining records with respect to customer reported issues, maintaining the confidentiality and securing customer data, and reporting discovered breaches of customer systems/data. 11. INTENTIONALLY OMITTED 12. TRAINING Quicket shall provide comprehensive training sessions for all the Client's employees who will be designated as authorized users of Quicket's Software, Administrative Portal and Payment Portal. Training shall include a comprehensive review of software and proper equipment usage. Training shall familiarize all authorized users with all relevant features of the Services. Training shall be divided according to various user types. Quicket shall further provide the Client with training materials and user guides to enable authorized users to operate the Services. 13. SCHEDULE FOR INSTALLATION Packet Pg. 32 8.C.b Quicket shall have all hardware and software installed and fully operational within 65 days from the Effective Date. Every day after the 65th date from the Effective Date that all hardware and software are not installed and are not operational shall result in one -for -one prorated reduction in all monthly fees owed under this Agreement. By way of example, if all hardware and software are installed 70 days after the Effective Date then the Client shall reduce its first monthly payment to 83.9% of the monthly payment otherwise due (26 days / 31 days = 83.9%). Notwithstanding anything here to the Contrary, the Parties here will inspect and review the installation of the hardware and software at a time reasonably acceptable and immediately after Quicket informs the Client that the same has been fully installed and is fully operational. Any deficiencies in the software or hardware detected during the inspection will be immediately corrected by Quicket at Quicket's sole cost and expense. 14. HARDWARE WARRANTIES To the extent permissible, Quicket will promptly assign to the Client all warranties, if any, for hardware installed under this Agreement. 15. INFORMATION UPON TERMINATION Upon termination of this Agreement for any reason, Quicket shall return all information of the Client in a manner that can be easily and regularly downloaded for backup such as .xls or .csv. 16. AMENDMENTS TO THE MSSA The Quicket Solutions Master Software and Service Agreement is hereby amended as follows: a. Section 8.4 is stricken. b. Section 9.6 shall be amended so that the phrase "(iii) violations of applicable law;" is replaced with "(iii) Customer's violations of applicable law;". c. Section 9.7(a) shall be amended so that the phrase "(i) institute and comply with industry -standard practices for systems security which are reasonably sufficient to protect Customer Data from improper access, loss, alteration or destruction" to "(i) institute, maintain and comply with the highest industry - standard practices for law enforcement systems security which are sufficient to protect Customer Data from improper access, loss, alteration or destruction". d. Section 11.3 is stricken. e. Section 12.4 is stricken. f. Appendix 2 Section 1.1 shall be amended so that the phrase "For so long as Customer is current in the payment of the Services Fees" to "So long as this Agreement is in effect". 17. MISCELLANEOUS a. FOIA. Quicket agrees to furnish all documentation related to this Agreement, the Services and the MSSA, and any documentation related to Client required under an Illinois Freedom of Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) days after Client issues notice of such request to Quicket. Quicket agrees to defend, indemnify and hold harmless Client, and agrees to pay all reasonable costs connected therewith (including, but not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for Client to defend any and all causes, actions, causes of action, disputes, prosecutions, or conflicts arising from Quicket's actual or alleged violation of the FOIA. Furthermore, should Quicket request that Client utilize a lawful exemption under FOIA in relation to any FOIA request thereby denying that request, Quicket agrees to pay all costs Packet Pg. 33 8.C.b connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. The defense shall include, but not be limited to, challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court of competent jurisdiction. b. Any dispute arising out of this Agreement, the MSSA and the Services shall be resolved in the circuit court of Cook County. c. Quicket represents and certifies that, to the best of its knowledge, (1) no Client employee or agent is interested in the business of Quicket or this Agreement; (2) as of the date of this Agreement neither Quicket nor any person employed or associated with Quicket has any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement; and (3) neither Quicket nor any person employed by or associated with Quicket shall at any time during the term of this Agreement obtain or acquire any interest that would conflict in any manner or degree with the performance of the obligations under this Agreement. d. Quicket represents and certifies that (1) Quicket is not barred from contracting with a unit of state or local government as a result of (a) a delinquency in the payment of any tax administered by the Illinois Department of Revenue unless Quicket is contesting, in accordance with the procedures established by the appropriate revenue act, its liability for the tax or the amount of the tax; or (b) a violation of either Section 33E-3 or Section 33E-4 of Article 33E of the Illinois Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.; (2) this Agreement is made by Quicket without collusion with any other person, firm, or corporation. If at any time it shall be found that Quicket has, in procuring this Agreement, colluded with any other person, firm, or corporation, then Quicket shall be liable to Client for all loss or damage that Client may suffer, and this Agreement shall, at Client's option, be null and void. e. Quicket certifies that it has a written Sexual Harassment Policy in full compliance with 775 ILCS 5/2-105(A)(4). £ In all hiring or employment by Quicket pursuant to this Agreement, there shall be no discrimination against any employee or applicant for employment because of age, race, gender, creed, national origin, marital status, or the presence of any sensory, mental, or physical handicap, unless based upon a bona fide occupational qualification. g. The Parties agree that nothing contained in this Agreement shall constitute a waiver by Client of any right, privilege or defense available to Client under statutory or common law, including, to the extent applicable, but not limited to, the Illinois Governmental and Governmental Employees Tort Immunity Act, 745 ILCS 10/1-101 et seq., as amended. h. The Parties agree that this Agreement and the MSSA, which have been contemporaneously executed, constitute the entire understanding between the Parties for the subject matter herein and there are no other agreements, written or oral, between the Parties. This Agreement and the MSSA may only be amended in a document signed by both Parties. Remainder of this page left blank U c 0 U a Y w N a 0 0 0 U) a� Y V M CY CO 0 N 6 Packet Pg. 34 8.C.b IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. QUICKET SOLUTIONS, INC., a Delaware corporation Christiaan Burner, CEO VILLAGE OF BUFFALO GROVE, an Illinois municipal home rule corporation IC Dane C. Bragg, Village Manager Packet Pg. 35 8.C.c QUICKET SOLUTIONS, INC. MASTER SOFTWARE AND SERVICE AGREEMENT Quicket Solutions, Inc., a Delaware corporation having its principal business offices at 60 Hazelwood Drive, Champaign, Illinois, 61820-7460 (hereinafter referred to as "Quicket"), and the Village of Buffalo Grove, located at 46 Raupp Blvd, Buffalo Grove, IL 60089 hereinafter referred to as "Customer"), in consideration of the mutual obligations set forth hereinafter and intending to be legally bound, hereby agree as follows: application on any Equipment provided to Customer under the 1. DEFINITIONS. Unless otherwise specifically defined terms of this Agreement. in the body of this Agreement, capitalized terms used but not otherwise defined herein shall have the meanings set forth in 4. MAINTENANCE AND SUPPORT SERVICES; Appendix 1, Definitions, attached hereto. UPDATES AND UPGRADES. 2. LICENSES. Subject to the terms and conditions of this Agreement, Quicket hereby grants to Customer, and any and all authorized Users, and Customer and its authorized Users subscribe to and accept, a limited, non-exclusive, revocable (for breach) and non -transferable license to access and use the Quicket Solutions Software and Services during the Term (the "License"). 2.1 Access and Use Limitation. The Quicket Solutions Software and Services may be accessed and used for the benefit of Customer and its authorized Users only. Without limitation, Customer shall not permit third parties to access or use, the Software, Documentation or other materials related to the Quicket Solutions Software and Services, except as may be required by law or a court order. 2.2 User Details. (a) Customer shall permit only its authorized employees to register as Users and to use the Quicket Solutions Software and Services. Customer also shall ensure that all such Users comply with the limitations and restrictions in this Agreement. (b) Only the User who is registered on a given User account may use that account to access and use the Quicket Solutions Software and Services. Customer, in its sole discretion, shall require Users to take appropriate steps, which shall be no less protective than Customer's standard operating procedures governing access to Customer's other information technology systems, to secure their passwords and any other access credentials provided to the User and required for access to the Quicket Solutions Software and Services. (c) Customer shall be responsible for all activities that occur on any User account. Customer shall notify Quicket promptly of any known or suspected unauthorized use of any User account, User name, or password, and of any other known or expected significant breach of security or confidentiality with respect to the Quicket Solutions Software and Services or Documentation (which shall include the loss of control of any Equipment provided to Customer under this Agreement). For purposes of this provision, "significant breach" shall mean unauthorized access to and unauthorized change or download of any data in the Quicket Solutions Software and Services. 3. DELIVERY OF SOFTWARE. Quicket shall deliver Software within ninety (90) days after the execution of this Agreement or on such other date as may be agreed to by the parties. Delivery shall occur (a) by making the Software accessible for download via an FTP site or similar mechanism, or (b) Quicket may deliver the Software as a pre -loaded (a) Maintenance and support services are included in the Quicket Solutions Software and Services subscription fees and are provided in accordance with Quicket's then current Technical Support Policy which shall be made available on the Quicket Customer Support portal. The current version of the Quicket Solutions Technical Support Policy is attached as Appendix 2 (the "Support Policy"). Such Support Policy may be amended from time to time by prior written notice (via e-mail, support portal notifications or other available mass communication method, as reasonably determined by Quicket) provided that the Support Policy will not be amended or revised in any manner that results in any material diminution of any maintenance or support during the Term. (b) Quicket will provide Updates and Upgrades to the Quicket Solutions Software and Services, if and when they are developed, tested and ready for delivery. Updates and Upgrades will be provided without additional charge to the Customer. (c) Maintenance, repair and warranty service obligations and procedures pertaining to Equipment are set forth on Appendix 4. (d) Notwithstanding anything to the contrary set forth in this Agreement, Updates and Upgrades do not, and shall not be deemed to include the provision of additional services, programs, modules or other expansion of services beyond those to which the Customer has subscribed. Any additional services, programs, modules or other expansion of services shall be included under this Agreement upon execution by the parties of an amendment in accordance with Section 12.4 below. 5. PROFESSIONAL SERVICES. Quicket shall supply Professional Services, as specified in a Schedule and/or a statement of work ("SOW"). The terms for the provision of Professional Services (if applicable) are outlined in Appendix 3. Quicket may subcontract Professional Services to third parties, with prior written notice to and the written consent of Customer, provided that Quicket shall remain solely and exclusively responsible for all performance of the Professional Services under this Agreement and shall be solely and exclusively responsible for all acts and omissions of such subcontractors. Quicket will ensure that all Quicket employees and all subcontractors providing Professional Services will comply with all applicable federal, state and local laws. 6. EQUIPMENT LEASE. Quicket may supply equipment, including but not limited to tablet computers, communication devices, printers, supplies and other accessories (the "Equipment", as defined on Appendix 1) to Customer for use with the Quicket Solution Software and Services. Unless c 0 V m Y V H uj N c 0 0 m Y U Cl c� co 0 ti LO Q N J d 0 C9 0 M 3 m r� a� Y CJ c 0 E t �a Q Page 1 of 17 Packet Pg. 36 8.C.c otherwise agreed by the parties, the Equipment shall be leased to Customer under the terms and conditions set forth in the Leased Equipment Addendum attached hereto at Appendix 4. FEES, BILLING AND PAYMENT. (a) Customer shall pay Quicket the license, subscription and service fees specified in a purchase order. Customer shall also pay any expenses, as reasonably incurred and approved by Customer in connection with the applicable purchase order. Quicket will include receipts and other reasonable evidence of such expenses incurred with its invoice, and such invoices will be issued to Customer in the course of Quicket's routine monthly billing cycles. Subscription fees for the Quicket Solutions Software and Services and Equipment Lease fees will be invoiced on a monthly basis, and Customer will pay such fees in accord with the Prompt Pay Act, but in any event no later than thirty (30) days of invoice date. (b) During the Term, Customer may increase or reduce the quantity of the Quicket Software and Services or Equipment. Customer shall provide written notice of the quantities of Quicket Software and Services or Equipment to be added or removed from the Agreement. Quicket will deliver the additional Quicket Software and Services or Equipment within a commercially reasonable time after receipt of the notice, if immediate delivery is requested, or on a specific delivery date agreed to by the parties. Reductions in quantities shall be permitted four times per year at the end of each calendar quarter. Changes to fees and billing required under this Section 7(c) shall occur on the next regular billing cycle after the additional Quicket Software and Services or Equipment are provided or after the reduction occurs. 8. OWNERSHIP AND CONFIDENTIALITY. 8.1 Quicket Ownership. Ownership of the Equipment, the Quicket Solutions Software and Services (excluding Customer Data), any Quicket-developed Documentation (in whole or in part), and all related Intellectual Property Rights, are the exclusive property of Quicket and its licensors. Quicket reserves all rights not expressly granted to Customer in this Agreement. There are no implied rights. Except as contemplated under this Agreement, Customer shall not (i) use, disclose or provide any Software or related Quicket Documentation (or any modifications or derivatives thereof) or any other confidential or non-public information related to Quicket's products or business, to any other party, except as permitted under this Agreement or any supporting documentation, (ii) attempt to or knowingly permit or encourage others to attempt to alter, reverse engineer, disassemble, decompile, decipher or otherwise decrypt or discover the source code to the Software except permissible by applicable law despite such prohibition, or (iii) use the Quicket Solutions Software and Services for the benefit of any third party without the express prior written consent of Quicket. Customer shall take all reasonable precautions to prevent unauthorized or improper use or disclosure of the Software by Customer, authorized Users to whom it makes the Software available, and shall not reproduce on any copies of Software, and not cause or direct the removal of any titles, trademarks, copyright and other proprietary or restrictive legends or notices. 8.2 Customer Ownership. As between Quicket and Customer, all devices (other than Equipment), Customer and other data submitted to the Quicket Solutions Software and Services by Customer ("Customer Data") in the course of using the Quicket Solutions Software and Services, is owned by Customer and shall be considered by Quicket as Customer's Confidential Information, together with any related documentation, copies, modifications and derivatives of the foregoing and all related Intellectual Property rights in the foregoing. Unless it receives Customer's prior written consent, Quicket will not access or use any Customer Data other than as necessary to accomplish the services to be provided by Quicket. There are no implied rights. Quicket shall not (i) use, disclose or provide to any other person any Customer Data or other related Customer documentation (or any modifications or derivatives thereof) or any other confidential or non-public information related to Customer or Customer's activities, (ii) attempt to or knowingly permit others to attempt to alter, reverse engineer, disassemble, decompile, decipher or otherwise decrypt or discover Customer Data or any Customer Confidential Information, or (iii) modify any Customer Data without prior express written consent from Customer. Quicket shall take all commercially reasonable precautions to prevent unauthorized or improper use or disclosure of the Customer Data by Quicket or its employees. 8.3 Confidentiality. (a) "Confidential Information" means non- public information marked "confidential" or "proprietary", or that otherwise should be understood by a reasonable person to be confidential in nature, provided by a party or on its behalf to the other party to this Agreement. All terms of this Agreement, including but not limited to fees and expenses, are considered Confidential Information of both parties however, Customer shall not be restricted from including payment amounts to Quicket in a publicly disclosed document. Customer Confidential Information includes, but is not limited to, all Customer Data and other related Customer documentation (or any modifications or derivatives thereof) and any other confidential or non-public information related to Customer's activities. Quicket Confidential Information includes, but is not limited to, the Software, Quicket-owned Professional Services Deliverables, financial information, product features, product roadmap and other non-public information regarding Quicket's business and products. Confidential Information does not include any information which is or becomes publicly available through no fault of the receiving party; is independently developed by the receiving party without use of the disclosing party's confidential and/or non-public information; or is rightfully obtained without restriction on disclosure through a chain of parties not originating in the breach of any obligation to the disclosing party. (b) Each party agrees to: (i) use Confidential Information of the other party only as permitted under this Agreement or as requested or directed by a party to this Agreement and (ii) protect the Confidential Information using reasonable measures commensurate with those that the receiving party employs for the protection of corresponding sensitive information of its own, but in any event no less than reasonable care. Without the other party's prior written consent, each party may disclose Confidential Information to (A) its employees who reasonably require access to such Confidential Information in connection with the applicable party's performance or observance of, or exercise of its rights under, this Agreement, (B) in the case of Quicket as the receiving party, on a need to know basis to permitted subcontractors who are bound by confidentiality obligations �a L c 0 L) m Y U uj N c 0 0 m Cl c� co 0 N ti Ln Q to J d 0 C9 0 M 3 m ) Y V CJ c 0 E t U M Q Page 2 of 17 Packet Pg. 37 8.C.c substantially similar to those set forth in this Agreement, (C) in the case of Customer, on a need to know basis to its third party contractors who are bound by confidentiality obligations substantially similar to those set forth in this Agreement, and (D) on a need to know basis to attorneys, accountants or other professional advisors who are bound by an ethical duty of confidentiality; (E) or as otherwise required by applicable law or a court order.. (c) Each party agrees that in the event the other party's Confidential Information is inadvertently disclosed or is compromised, the disclosing party will immediately report the same to the non -disclosing party and work with the non - disclosing party to take any reasonably required steps to mitigate any damage caused by the same. (d) Notwithstanding any provision of this Agreement to the contrary, any portion of this Agreement required to be made public or available to the public under any applicable law shall be excepted from the definition of Confidential Information. (e) If a receiving party is required by applicable law, statute, or regulation, subpoena, or court order, to disclose any Confidential Information belonging to the disclosing party, the receiving party shall give to the disclosing party prompt written notice of the request and a reasonable opportunity to object to such disclosure and seek a protective order or appropriate remedy. If, in the absence of a protective order, the receiving party is required to disclose such Confidential Information, it may disclose only that portion of the Confidential Information the receiving party is so compelled. (f) Receiving party acknowledges that the disclosing party's Confidential Information constitutes valuable proprietary information and/or trade secrets and that release of such Confidential Information in violation of this Agreement may cause irreparable harm for which the disclosing party may not be fully or adequately compensated by recovery of monetary damages. Accordingly, in the event of any violation or threatened violation by the receiving party, the disclosing party shall be entitled to injunctive relief from a court of competent jurisdiction in addition to any other remedy that may be available at law or in equity, without the necessity of posting bond or proving actual damages. 8.4 Data Sharing. In the event that any customers of Quicket determine that sharing of the customers' respective Confidential Information or data is likely to be of mutual benefit to the customers and the sharing of information and data can be effected or facilitated through the Quicket Solutions Software and Services without a violation of applicable law, such customers and Quicket may enter into a form of mutually acceptable Data Sharing and Non -Disclosure Agreement providing for the transfer of such information and data between or among such customers and authorizing Quicket to (i) facilitate such transfer, (ii) grant appropriate access to representatives of each customer to the Confidential Information and data of the other pursuant to the terms of the Data Sharing and Non -Disclosure Agreement, and (iii) such other acts as may be reasonably required on the part of Quicket to implement and manage such arrangement, including any fees and expenses associated with such Data Sharing and Non -Disclosure Agreement. 9. WARRANTY; INDEMNITY; DISCLAIMERS. 9.1 Software and Services Performance Warranty. Quicket warrants that for a period of one year following the delivery of the Quicket Solutions Software (the "Warranty Period"), the Software and the Quicket Solutions Software and Services will perform in material conformity with all applicable end user Documentation supplied by Quicket; provided, that the Software and the Quicket Solutions Software and Services are operated in accordance with the Documentation and that Quicket receives a written claim from Customer under this limited warranty within the Warranty Period ("Warranty"). In the event of a breach of this Warranty, at Quicket's election, it shall, at no additional cost to the Customer: (a) replace or repair the affected Quicket Solutions Software and Services so it performs as warranted or, (b) if Quicket is not able to, or determines it is not commercially feasible to repair or replace the same within a reasonable period of time, terminate the License and Quicket Solutions Software and Services and credit or (at Customer's option) refund to Customer the unused, prepaid Quicket Solutions Software and Services subscription fees paid hereunder on a pro -rated basis based on the remaining period in the Term. This Warranty does not apply if Customer or any third party changes or modifies the Software without the written authorization of Quicket or if the defect is caused by use of the Software with third party software or hardware not supplied, supported, recommended or approved by Quicket for use with the Software. Customer will have access to all Documentation related to the Quicket Solutions Software and Services as set forth in the purchase order. The Documentation will describe the functionality and capabilities of the Quicket Solutions Software and Services including without limitation material information required for installation, implementation and support of the same. 9.2 Service Level Agreement. During the Term, the Quicket Solutions Software and Services shall be available for use in accordance with the Service Level Agreement ("SLA"), at Appendix 5 attached hereto. 9.3 Professional Services Performance Warranty. Quicket further warrants that Professional Services supplied hereunder, or under any future SOW or Schedule, shall be supplied in a professional and workman -like manner consistent with general industry standards reasonably applicable to the Professional Services to be provided. All personnel performing Professional Services under this Agreement or any subsequent agreement will be sufficiently trained and knowledgeable to perform the services required, and shall meet any and all requirements necessary to perform Professional Services that are to be provided by Quicket to the Customer. 9.4 Title Warranty and Indemnity from Quicket. Quicket represents and warrants that it has full legal power and authority to grant the License, provide the Quicket Solutions Software and Services, and (if applicable) the Professional Services Deliverables under this Agreement and any subsequent agreement to the Customer. If a claim is made or an action brought that the Professional Services Deliverables, Software or the Quicket Solutions Software and Services (or any component thereof) infringes a third party Intellectual Property Right, then Quicket will defend Customer from, and indemnify and hold harmless Customer against, such claim and any resulting costs, damages and attorneys' fees arising out of or incurred as a Page 3 of 17 Packet Pg. 38 8.C.c result of such claim, together with all amounts finally awarded or agreed to in settlement, provided that (i) Customer promptly notifies Quicket in writing of the claim, and (ii) Quicket has sole control of the defense and all related settlement negotiations, and further provided that no settlement of a claim binding Customer will be entered into without the consent of Customer; and (iii) Customer reasonably cooperates in any investigation, defense or settlement of such claim or action. The Customer may participate (at its own expense, except as described above) in any investigation, defense or settlement of such claim or action. Quicket's obligations under this Section are conditioned on Customer's agreement that if the Software, or the use or operation thereof or of the Quicket Solutions Software and Services, becomes, or in Quicket's opinion is likely to become, the subject of such a claim, Quicket may at its expense, , either procure the right for Customer to continue using the Software, Professional Services Deliverables or the Quicket Solutions Service (as the case may be) or, at Quicket's option, replace or modify the same so that it becomes non -infringing (provided such replacement or modification does not materially adversely affect Customer's intended use of the Professional Services Deliverables, Software or the Quicket Solutions Service as contemplated hereunder). If Quicket determines that neither of the foregoing alternatives are commercially feasible, Quicket may terminate the Quicket Solutions Service and the License as applicable and, in such case, Customer will return any Software and Equipment in its possession or control upon written request by Quicket and Quicket will credit or (at Customer's option) refund the Customer any unearned, prepaid fees for the Quicket Solutions Software and Services. Quicket's obligation to indemnify and hold harmless Customer under this provision shall expire on the fifth anniversary of the termination or expiration of this Agreement. Quicket shall have no liability for any claim based upon (a) use of the Software or service other than as expressly authorized by this Agreement or any subsequent agreement or as contemplated by the Documentation, (b) the combination, operation or use of any Software with materials not supplied by Quicket or authorized for use by Quicket, or not otherwise contemplated by this Agreement or the Documentation, if such claim would have been avoided by use of the Software alone. THE FOREGOING STATES THE SOLE REMEDY OF CUSTOMER AND THE ENTIRE OBLIGATION OF QUICKET WITH RESPECT TO ANY CLAIM OF INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. 9.5 Intentionally Omitted. 9.6 Indemnity from Customer. To the extent not prohibited by applicable law, if a third party claim is made against Quicket or any of its affiliates or their respective contractors or personnel (for purposes of this Section 9.6, collectively "Quicket") that relates to or arises out of: (i) Customer's negligent actions or omissions (ii) breaches of this Agreement (iii) violations of applicable law; or (iv) Customer Data Customer will indemnify Quicket and hold it harmless against such claim and resulting costs, damages and attorneys' fees finally awarded or agreed to in settlement, provided that (i) Quicket promptly notifies Customer in writing of the claim, and (ii) Customer has sole control of the defense and all related settlement negotiations, and further provided that no settlement of a claim binding Quicket will be entered into without the consent of Quicket; and (iii) Quicket reasonably cooperates at its own expense in any investigation, defense or settlement of such claim or action. Quicket may participate (at its own expense, except as described above) in any investigation, defense or settlement of such claim or action. 9.7 Data Security and Privacy. (a) Unless it receives Customer's express written consent, Quicket will not give any third party access to Customer Data other than as required to accomplish the terms of this Agreement, as required by law, or as instructed by Customer in writing. Quicket shall (i) institute and comply with industry -standard practices for systems security which are reasonably sufficient to protect Customer Data from improper access, loss, alteration or destruction, and (ii) access Customer's computer systems, if access is provided, only for the limited purpose of, and only for that period of time necessary for, fulfilling its obligations hereunder. Quicket shall maintain (a) a current detailed disaster recovery and business continuity plan and (b) written information security plan, which shall be provided to the Customer prior to the execution of this Agreement; and Quicket shall review and update or otherwise modify as industry -standard practices require such plans not less than once a calendar year during the Term. All updates or modifications to the aforementioned plans shall be provided to the Customer within seven (7) days of Quicket's adoption of a final revision, amendment or restatement of such plan. In compliance with applicable law, but in no less than a commercially reasonable time in accordance with the circumstances, Quicket shall promptly inform Customer whenever it knows or reasonably believes a security breach has compromised, or is likely to compromise, Customer Data and will cooperate with Customer in investigating such breach, including making available all relevant records, logs, and files as reasonably requested by Customer. In the event of any actual breach of data security and unauthorized access to Customer Data, Quicket shall: (i) immediately notify Customer within twenty-four (24) hours of the identification of the breach of data security and (ii) provide a Quicket point of contact, available to Customer by telephone, text or email, with a response time of not more than two (2) hours after delivery of the notice, until such time as the root cause of the data security breach is identified and the vulnerability fixed. All reasonable costs of providing notice to potentially affected persons pertaining to the breach shall be paid for by the party responsible for the vulnerability leading to the breach or otherwise at fault for the breach. The parties shall consult and mutually agree to the list of affected persons and content of any such notices to be delivered to such affected persons; provided, that, if the parties are unable to agree to the content of any notice within a reasonable time after the notice of breach, Customer may determine, in its sole discretion, the list of persons to whom notice is to be sent and the content of such notices. The costs of any remediation and repair to the data security systems and procedures of either Quicket or Customer shall be paid by the party at fault for the root cause of the data security breach. Customers of the Quicket Solutions Software and Services, including Customer, are responsible for ensuring that the nature of the data collected, transmitted through and/or stored in the Quicket Solutions Software and Services and Customer's use thereof shall comply with applicable laws. The parties acknowledge that Customer is solely responsible for populating and entering all Customer Data in the Quicket Solutions Software and Services and Quicket has no control over the integrity of the data collected and input through Customer's use of the Quicket Solutions Software and Services. Customer shall have access to the Quicket Solutions Software and Services in order to �a L c 0 L) m Y U H uj N c 0 0 Y Cl c� co 0 N ti Ln Q N J d 0 C9 0 M 3 00 a) Y V .3 CJ c 0 E t U M Q Page 4 of 17 Packet Pg. 39 8.C.c store, retrieve or export Customer Data; and upon any termination or expiration of this Agreement, Customer shall be entitled to the Customer Data Access Period for the purpose of allowing Customer to complete a final export of the Customer Data, and thereafter Quicket shall destroy all electronic copies of Customer Data remaining in Quicket's possession, custody or control and purge any media that previously housed the Customer Data. During the Term of this Agreement and the Customer Data Access Period, Customer will have access to Customer Data within the Quicket Solutions Software and Services and will have the ability to download its Customer Data at any time as part of the Quicket Solutions Software and Services functionality. Quicket represents and warrants that its collection, access, use, storage, disposal and disclosure of Confidential Information does and will comply with all applicable federal, state and local privacy and data protection laws, as well as all other applicable regulations and directives. (b) Quicket shall host the Quicket Solutions Software and Services at a facility that meets the standards of ISO270001 and is certified at least to SAS70 and/or SSAE16 standards, or a substantially similar successor standard, and will have industry standard physical, technical and administrative data security infrastructures in place, and be CJIS approved and compliant. Quicket currently uses Amazon Government Cloud for its third party hosting subcontractor and will not make any changes to a third party hosting subcontractor arrangement that decreases security infrastructure from that in place as of the date of this Agreement. Quicket Solutions Software and Services are intended only for use in the United States, and Quicket does not warrant or represent that the Quicket Solutions Software and Services are or will become EU Safe Harbor Certified. In the event Quicket is unable to meet the standards or procure the certifications set forth in this Section 9.7(b), then such event shall be deemed a material breach, and Customer may terminate this Agreement in accordance with its terms. (c) Transmission of Customer Data through the Quicket Solutions Software and Services shall utilize industry standard and the Federal Bureau of Investigation Criminal Justice Information Services Division certified encryption techniques. In the event Quicket processes or accepts third party payments made to or for the benefit of Customer, Quicket shall meet or exceed all applicable Payment Card Industry ("PCI") standards and maintain PCI certification of its payment application, platform or portal. (d) If a third party claim or action is brought against Customer as a result of any security breach that results in misuse or improper access to any Customer Data due to Quicket's or its applicable vendor(s) acts or omissions, Quicket will defend, indemnify and hold harmless Customer and against such third party claim and any resulting costs, damages and attorneys' fees arising out of or reasonably incurred as a result of such claim, together with all amounts finally awarded or agreed to in settlement as a result of such claim, provided that (i) Customer promptly notifies Quicket in writing of the claim, and (ii) Quicket has sole control of the defense and all related settlement negotiations, provided that no settlement of a claim binding Customer will be entered into without the consent of Customer as applicable and provided that Customer may participate in the defense and settlement of any such claim at its own cost; (iii) Customer reasonably cooperates in any investigation, defense or settlement of such claim or action. Quicket shall procure insurance coverage for any claims made by third parties as described in the Section 9.7(c), and Quicket shall provide an endorsement to such insurance policy which names Customer as an additional insured. Such insurance coverage shall be primary and non-contributory as to all other Customer's insurance. 9.8 Viruses and Disabling Code. Quicket shall use commercially reasonable efforts to ensure that Software is scanned prior to delivery to Customer, using industry standard commercially available scanning software, in order to ensure that there are no known computer viruses, malware, or similar malicious code or items in the Software on delivery to Customer. The Quicket Solutions Software and Services, upon delivery, (i) will not contain any back doors, trap doors, worms, or any other disabling devices designed to interfere with Customer's normal and permitted operation of the Quicket Solutions Software and Services, and (ii) will not permit the access or control of any Customer hardware, network, software or device by any party other than Customer, except as contemplated in the Documentation. 10. LIMITATION OF LIABILITY. 10.1 Damages Cap. Except with respect to Quicket's and Customer's indemnification obligations under Sections 9.4 and 9.6 and 9.7(d): each party's confidentiality obligations under Section 8.3; or each party's gross negligence or willful misconduct, and except as set forth in Sections 9.2 and 9.3, and regardless of the form of action (whether in contract, tort, breach of warranty or otherwise) and notwithstanding any other provisions of this Agreement: IN NO EVENT SHALL QUICKET'S (OR ITS LICENSORS' OR SUPPLIERS') OR CUSTOMER'S MAXIMUM, CUMULATIVE LIABILITY FOR ALL DAMAGES HEREUNDER EXCEED THE TOTAL AMOUNT OF FEES PAID (AND IN CUSTOMER'S CASE PAID OR PAYABLE) HEREUNDER IN THE TWELVE MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO DAMAGES FOR THE PRODUCT OR SERVICE THAT CAUSED THE DAMAGE. 10.2 Consequential Damages. IN NO EVENT SHALL QUICKET (OR ANY OF ITS LICENSORS OR SUPPLIERS) OR CUSTOMER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOSS, DAMAGE OR DESTRUCTION OF DATA) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND EVEN IF A PARTY ASSERTS OR ESTABLISHES A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED IN THIS AGREEMENT. Some states do not allow the exclusion or limitation of incidental or consequential damages under certain circumstances and the above exclusion or limitation may not apply 11. TERM AND TERMINATION. 11.1. General. This Agreement shall become effective upon execution by authorized representatives of both Quicket and Customer (the "Effective Date") and shall continue in effect until the earlier of expiration or termination of this Agreement. 11.2 Termination for Cause. Either party may terminate this Agreement (including any License granted therein), in the event of a material breach of this Agreement by the other party that is not cured within thirty (30) days after receipt of written �a L c 0 c.> m Y U H uj N c 0 0 Y Cl c� 0 0 N ti Ln Q N J d 0 C9 0 3 m a) Y V CJ c 0 E t U �a Q Page 5 of 17 Packet Pg. 40 8.C.c notice from the non -breaching party to the breaching party; provided, however, that either party may terminate this Agreement immediately, and without any opportunity to cure, in the event of a breach of Section 8 of this Agreement. 11.3 Termination for Convenience. Either party may terminate this Agreement for such party's convenience and without cause upon written notice to the other party at least ninety (90) days prior to the effective date of termination. 11.4 Effect of Termination. (a) Upon termination or expiration of this Agreement or termination or expiration of a specific Schedule, Customer shall make no further use of the affected Quicket Solutions Software and Services or Equipment and shall within ten (10) days deliver to Quicket or destroy the original and all copies of such Software and return the affected Equipment to Quicket or make such Equipment available for pick-up by Quicket. Customer may retain a copy of any terminated or expired Software solely for archival purposes. Termination or expiration shall not affect any rights accrued prior thereto. (b) Upon any termination or expiration of this Agreement, Quicket shall make the Quicket Solutions Software and Services available to Customer during the Customer Data Access Period for Customer to complete a final export of the Customer Data. In the alternative, Quicket may determine to provide the export of Customer Data in a form and format reasonably available to or usable by Customer. 12. MISCELLANEOUS. 12.1 Insurance. Quicket has provided Customer with a memorandum of insurance evidencing the policies, coverages and applicable limits of insurance procured by Quicket and in force at the time this Agreement is executed. Quicket warrants to Customer that it will not reduce coverages or limits during the Term. 12.2 Export; Government Restricted Rights. Customer acknowledges that the export of any Software is or may be subject to export or import control and Customer agrees that any Software or the direct or indirect product thereof will not be exported (or re-exported from a country of installation) directly or indirectly, unless Customer obtains all necessary licenses from the U.S. Department of Commerce or other agency as required by law. Customer may request, from time to time, that Quicket provide Customer with reasonably available information applicable to the Quicket Solutions Software and Services to facilitate compliance with this Section 11.2, including applicable export classifications and designations. If Customer or any of its end users are a U.S. federal government end user, the Quicket Solutions Software and Services are a "Commercial Item" as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as those terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Quicket Solutions Software and Services are licensed to such Customer and end users only with those rights as expressly provided under the terms and conditions of this Agreement. 12.3 Non -Assignment. Neither party may sell, assign, or otherwise transfer to any third party this Agreement or any of its rights or obligations hereunder without the prior written consent of the other party. Notwithstanding the foregoing, Quicket may assign this Agreement, in whole and not in part, without such consent to an Affiliate or to a successor in interest by merger or acquisition of substantially all assets of Quicket's business. Any purported assignment in violation of this Section will be void. 12.4 Entire Agreement. This Agreement sets forth the entire agreement between the parties with respect to the subject matter hereof, supersedes all other oral and written representations, understandings, proposals and other communications between the parties, and is binding upon the parties and their permitted successors and assigns. This Agreement may be modified or amended only by a written instrument executed by the authorized representatives of both of the parties. This Agreement shall apply to all Software and services ordered by Customer or delivered to Customer by Quicket. 12.5 Relationship of Parties. Quicket and Customer are independent contractors, and nothing in this Agreement shall be construed as making them partners or as creating the relationships of employer and employee, master and servant, or principal and agent between them, for any purpose whatsoever. Neither party shall make any contracts, warranties or representations or assume or create any other obligations, express or implied, in the other party's name or on its behalf. 12.6 Non -solicitation. Neither party may, without the prior written consent of the other party, beginning on the signing of this Agreement and ending six (6) months after the termination of this Agreement ("Covered Period"), directly or indirectly, alone or with others, hire, solicit or assist anyone else in the solicitation of, any employee of the other party or encourage any such employee to terminate his or her employment with the other party. Notwithstanding anything in this Section to the contrary, this Section shall not apply to: (i) Quicket contracting with a Customer employee to provide consulting services on a part-time basis; or (ii) employees of such party responding to advertisements made at job fairs, or in media circulated to the general public at large; or former employees of the other party, who are not employed or retained by such party during the Covered Period. 12.7 Third Party Products. Third party software products and programs supplied or made accessible under this Agreement, including by way of example software that is part of the Service infrastructure such as database, back-up, storage, and firewall software, are licensed under this Agreement for use solely with the Quicket Solutions Software and Services as authorized under this Agreement, and are subject to the confidentiality and non -assignment provisions of this Agreement Certain portions of the Software may include open source or third party program(s) that are subject to the license terms and notifications found in the "About" box documentation included within the Software, as updated from time to time and posted on the Quicket website. Such program(s) are not subject to the warranty and indemnity provisions of this Agreement. 12.8 Intentionally omitted. 12.9 Audit Rights; Usage Verification. (a) No more than once in any twelve (12) month period, upon thirty (30) days prior written notice to Customer, c 0 L) m Y U H uj N c 0 0 Y U .3 Cl c� co 0 ti Ln Q to J d 0 C9 0 M 3 m a) Y U .3 CJ c 0 E t U M Q Page 6 of 17 Packet Pg. 41 8.C.c Quicket shall have the right, for purposes of verification of Customer's compliance with this Agreement, to access the User data within the Quicket Solutions Software and Services. Customer acknowledges that the Quicket Solutions Software and Services may at the date of this Agreement or in subsequent releases include password protection, anticopying subroutines or other security measures designed to monitor the usage of the Software for license management purposes. Under no circumstances may Quicket employ any such measure to interfere with Customer's normal and permitted operation of the Quicket Solutions Software and Services. Any audit performed shall not disrupt the operations and functions of the Customer. Audits will have minimal to no impact upon the system. Any audit shall not last more than one regular business day of eight (8) hours. (b) Upon request by Customer, Quicket agrees to complete, within sixty (60) days of receipt, a security audit questionnaire provided by Customer. 12.10 Service Locations. All Professional Services shall be performed within the United States. Customer's Quicket Solutions Software and Services environments, and all Customer Data under Quicket's possession or control, shall be provisioned in Quicket's data center in the United States. 12.11 Miscellaneous. In no event shall either party be liable for any delay or failure to perform under this Agreement, which is due to causes beyond the reasonable control of such party and without such party's fault or negligence; provided that the affected party notifies the unaffected party as soon as reasonably possible, and resumes performance hereunder as soon as reasonably possible following cessation of such force majeure event. To the extent that any provision of this Agreement is found to be void or unenforceable, such provision shall be without effect and the remainder of the Agreement shall be enforced to the full extent of the law. This Agreement shall be governed by, and interpreted and enforced in accordance with, the substantive laws of the State of Illinois without regard to its conflict of laws principles. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transaction between the parties. All notices given under this Agreement shall be in writing. Any notice under this Agreement if delivered by hand, sent by facsimile, or mailed via overnight courier, shall be deemed given on the business day following the sending of such notice, and any notice sent via mail shall be deemed given on the third business day following the mailing of any such notice, postage paid, to the address set forth above. �a L c 0 L) m Y U H uj N c 0 0 rn m Y U Cl c� co 0 N Page 7 of 17 Packet Pg. 42 8.C.c EACH PARTY ACKNOWLEDGES THAT IT HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. Quicket Solutions, Inc. Customer: By: By:_ Name: Name: Title: Title: Page 8 of 17 Packet Pg. 43 8.C.c Appendix 1 Definition Appendix "Agreement" means this Master Software and Service Agreement, together with the following documents and any Schedules: (a) Definitions, Appendix 1 (b) Technical Support Policy, Appendix 2 (c) Professional Services Terms, Appendix 3 (d) Leased Equipment Addendum, Appendix 4 (e) Service Level Agreement, Appendix 5 (f) Statement of Work, dated September 15, 2017 "Customer Data" means all data submitted to the Quicket Solutions Software and Services by Customer or its authorized Users ("Customer Data") in the course of using the Quicket Solutions Software and Services, including any related documentation, copies, modifications and derivatives of the foregoing and all related copyright, patent, trade secret and other proprietary rights therein. "Customer Data Access Period" means a period of no less than thirty (30) days immediately following the termination or expiration of this Agreement during which Customer is allowed to complete a final export of Customer Data. "Documentation" means Quicket materials describing the Quicket Solutions Software and Services, including, but not limited to, product technical manuals and online information (including online versions of the technical manuals) and help facility descriptions. "Equipment" means any tablet computers, communication devices, printers, supplies and other accessories provided to Customer by Quicket for use with the Quicket Solutions Software and Services. "Error" means a defect which causes the Software not to perform substantially in accordance with the specifications set forth in the Documentation and which can be reproduced or replicated in regular usage by Customer and Quicket. "Error Correction" means the use of reasonable commercial efforts to remedy an Error. "Intellectual Property" means technology, ideas, processes methodologies, innovations, inventions, discoveries, works of authorship, data, know-how, trade secrets, and software and firmware, including source code and object code. "Intellectual Property Rights" means (i) patents and patent applications, worldwide, including all divisions, continuations, continuing prosecution applications, continuations in part, reissues, renewals, reexaminations, and extensions thereof and any counterparts worldwide claiming priority therefrom; utility models, design patents, patents of importation/continuation, and certificates of invention and like statutory rights; (ii) copyrights, trademarks (including service marks), trade names, logos, domain names, industrial designs; (iii) rights relating to innovations, know-how, trade secrets, know-how of confidential, technical, and non -technical information; (iv) moral rights, mask work rights, author's rights, and rights of publicity; and (v) other industrial, proprietary and Intellectual Property related rights anywhere in the world, that exist as of the date of the Agreement or thereafter come into existence, and all renewals and extensions of the foregoing, regardless of whether or not such rights have been registered with the appropriate authorities in such jurisdictions in accordance with the relevant legislation. "License" means a license to use the Software and/or Quicket Solutions Software and Services, as defined in Section 2 of the Agreement. "MSSA" means the Master Software and Service Agreement. L "Previous Sequential Release" means a release of Software = which has been replaced by a subsequent Release of the same V Software. A Previous Sequential Release will be supported by Quicket for a period of only one (1) year after release of the Y subsequent Release. U t "Professional Services" means those services to be provided W by Quicket to Customer and which (i) are not specifically included under the Master Software and Service Agreement, .2 and (ii) are set forth in a separate SOW or agreement between 2 Quicket and Customer. Professional Services may include, but 0 are not limited to, set-up services, configuration and/or implementation services and/or other consulting services. IX "Professional Services Deliverables" means any software, .3 CY modifications to software, configurations, documentation, reports or other work product developed and delivered by 0 60 Quicket to Customer under a Professional Services project. 4 "Quicket Solutions Software and Services" means the Software and the Quicket Solutions cloud -based hosted service uh for access to the Quicket web -based and mobile applications as Q, specified in the applicable Schedule, purchase order or other Q ordering document. N J "Schedule" means an addendum, appendix, amendment or d other writing titled as a schedule and attached to or included in 0 this Agreement, when signed by both parties from time to time that, when completed, sets forth the features, term, quantities, c scope and fees associated with the purchase of a License or Licenses to Software, a Quicket Solutions Software and 3 Services subscription, leasing of Equipment, or the description pp and fees associated with the purchase of Professional Services y under Appendix 3 hereof. Y "Software" means the standard version of the software CJ program or programs marketed and licensed by Quicket. Software includes machine readable (object) code, except for certain Software which Quicket may elect to supply in source £ code format. Software includes any Updates or Upgrades of the t 0 Software, as defined in this Appendix, applied by Quicket to the 41 Quicket Solutions Software and Services during the Term. Q "SOW" or "Statement of Work" means a Schedule or other separate document referencing this Agreement and signed by both parties from time to time that sets forth Professional Services to be supplied by Quicket and which may contain certain other terms related to the provision of such Professional Services, the Quicket Solutions Software and Services and/or Equipment that are agreed between the parties. Page 9 of 17 Packet Pg. 44 8.C.c "Suggestions" shall mean a royalty -free, worldwide, transferable, sublicenseable, irrevocable, perpetual license for Quicket to use or incorporate into the Quicket Solutions Software and Services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including its Users, relating to the operation of or use of the Quicket Solutions Software and Services. "Support Policy" has the meaning set forth in Section 4. "Telephone Support" means technical, telephone assistance provided by Quicket to Users. Standard Telephone Support is provided during the hours of 9:00 am and 5:00 pm Central Standard Time, excluding Quicket recognized holidays. Quicket will provide additional non-standard 24/7 telephone support. Any response to requests for support outside of the standard support hours will be on a six (6) hour response time, measured from the time the call is placed to Quicket. "Term" means the period commencing on the delivery of the Software and Equipment to Customer and ending to 12:01 am local time on the first anniversary hereof (the "Initial Term"); This Agreement shall automatically renew for successive one- year periods, each of which renewals shall be part of the Term, unless either party notifies the other that such party declines to renew the Agreement at least ninety (90) days prior to the end of the then current Term. Notwithstanding any automatic renewal of the Agreement, either party may terminate the Agreement in accordance with its terms. "Updates" mean error corrections, fixes, workarounds or other maintenance releases of the Quicket Solutions Software and Services. "Upgrades" mean new releases or versions of the Quicket Solutions Software and Services that provide enhancements, modifications or improvements to the features or functionality; for purposes of this Agreement, "Upgrades" shall also include new features which are made generally available to all customers purchasing the Quicket Solutions Software and Services and for which Quicket does not charge any customer additional incremental fees. "User" means an individual who is an employee of Customer with authorized access by Customer to and use of the Quicket Solutions Software and Services the shorter of: (i) during the course of such User's employment with Customer or (ii) the Term. "Workaround" means a change in the procedures followed or data supplied by Quicket to avoid an Error without substantially impairing use of Quicket Solutions Software and Service. Page 10 of 17 Packet Pg. 45 8.C.c Appendix 2 Technical Support Policy The following details Quicket's current Technical Support Policy regarding the Quicket Solutions Software and Services. Updates to Quicket's Technical Support policies will be accessible at Quicket's website, under "support". Third Party Software is specifically excluded from the terms set forth in this Appendix (but this exclusion does not pertain to the software interfaces and port -sets developed by Quicket that enable the link between the Software and the Third Party Software). Unless otherwise defined herein, capitalized terms used in this Appendix shall have the same meaning as set forth in the MSSA to which this Appendix 2 is attached. SUPPORT SERVICES 1.1 Coverage. For so long as Customer is current in the payment of the Service Fees under the Agreement between Quicket and Customer, Quicket agrees that it shall use its diligent commercial efforts to provide support services to Customer as follows: 1.1.1 Error Correction and Telephone Support provided to Users concerning use of the Quicket Solutions Software and Service. 1.2.2 Releases, Versions and Updates which consist of one copy of published revisions to the Documentation relating to the Services. 1.2 Error Priority Levels. Quicket shall exercise commercially reasonable efforts to correct any Error reported by Customer's Qualified Individuals in the current, unmodified release of Software in accordance with the following priority level reasonably assigned to such Error by Quicket: 1.2.1 Priority A Error: means an Error which renders the Quicket Solutions Software and Service inoperative or causes the Quicket Solutions Software and Service to fail catastrophically. Quicket shall promptly: (i) assign Quicket engineers to correct the Error; (ii) within twenty four (24) hours of receipt of the Error report, attempt to identify the nature of the Error and notify Customer's Qualified Individuals of a commitment date by which Workaround or Error Correction shall be provided, which date shall be as soon as reasonably possible with Quicket's best efforts; (iii) notify Quicket management that such Errors have been reported and of steps being taken to correct such Error(s); (iv) provide Customer's Qualified Individuals with periodic reports on the status of the corrections; and (v) provide Customer's Qualified Individuals with a Workaround or Error Correction. 1.2.2 Priority B Error: means an Error which substantially degrades the performance of Quicket Solutions Software and Service or materially restricts Customer's use of the Quicket Solutions Software and Service. Quicket shall, promptly: (i) assign Quicket engineers to correct the Error; (ii) within twenty four (24) hours of receipt of the Error report, notify Customer's Qualified Individuals of the engineers assigned to the Error report; (iii) within one (1) week of receipt of the Error report, attempt to identify the nature of the Error and notify Customer's Qualified Individuals of a commitment date by which an Error Correction shall be provided, which date shall be as soon as reasonably possible with Quicket's best efforts. Quicket shall exercise commercially reasonable efforts to include an Error Correction in the next regular Software maintenance Update. 1.2.3 Priority C Error: means an Error which causes only a minor impact or restricts Customer's use of Quicket Solutions Software and Service. Quicket shall (i) assign Quicket engineers to correct the Error; (ii) within twenty four (24) hours of receipt of the Error report, notify Customer's Qualified Individuals of the engineers assigned to the Error report; and (iii) within two (2) weeks of receipt of the Error report, attempt to identify the nature of the Error and notify Customer's Qualified Individuals of a commitment date by which an Error Correction shall be provided, which date shall be as soon as reasonably possible with Quicket's best efforts. Quicket may include an Error Correction in the next Version of the Product. 1.3 Other Errors. If Quicket believes that a problem reported by Customer may not be due to an Error in the Quicket Solutions Software and Service, Quicket will so notify Customer's Qualified Individuals. At that time, Customer may: (i) instruct Quicket to proceed with problem determination as set forth below or (ii) instruct Quicket that Customer does not wish the problem pursued at its expense. 1.4 General Telephone Support. For general questions pertaining to the operation of the Quicket Solutions Software and Services or the Equipment, Quicket will provide a telephone help desk number and will respond to calls made by Customers in accordance with the applicable level of support. For all Customers, Quicket's standard level of Telephone Support is provided during the hours of 8:00 am and 6:00 pm Central Standard Time, excluding Quicket recognized holidays. Customers subscribing to the standard Telephone Support shall receive a return call the same day; calls made after 6:00 pm Central Standard Time shall receive a return call the following day. Customers purchasing non-standard Telephone Support will receive a return call within four (4) hours from the time the call is placed to Quicket. 1.5 Limitations of Support. Quicket shall have no obligation to support: (i) Quicket Solutions Software and Service that is not the then current release or the Previous Sequential Release; or (ii) Quicket Solutions Software and Service problems caused by Customer's modification, abuse or misapplication, use of the Software other than as specified in the Documentation or other causes beyond the reasonable control of Quicket. 3. CUSTOMER'S RESPONSIBILITIES 3.1 Procedures. Customer shall take reasonable measures to ensure that its Users shall read, comprehend and follow operating instructions and procedures as specified in, but not limited to the Documentation and other correspondence related to the Quicket Solutions Software and Service, and follow procedures and recommendations provided by Quicket support personnel in an effort to correct Errors. �a L c 0 L) m Y U H uj N c 0 0 Y Cl c� 0 0 N ti Ln Q N J d 0 C9 0 3 m a) Y V CJ c 0 E s U �a Q Page 11 of 17 Packet Pg. 46 8.C.c 3.3 Notification of Errors. Customer shall notify Quicket of Errors in accordance with the then -current Quicket Error and problem reporting procedures. If Quicket believes that a problem reported by Customer may not be due to an Error in the Software or provision of Services, Quicket will so notify Customer. 4.1 Limited Warranty. Quicket warrants that Support Services will be performed with the same degree of skill and professionalism as is demonstrated by like professionals performing services of a similar nature. 5. SUPPORT POLICY CHANGES 5.1 This Schedule sets forth Quicket's policy with respect to the provision of support in force as of the Effective Date. Customer acknowledges that these terms are subject to change in accordance with Section 4(a) of the MSSA. Page 12 of 17 Packet Pg. 47 8.C.c Appendix 3 Professional Services Terms SERVICES. Quicket will provide Professional Services pursuant to Schedule(s) and/or SOW(s) executed by the parties and referencing this Agreement. Unless the parties expressly agree in writing to the contrary, the Professional Services do not include maintenance and/or support services for any Professional Services Deliverables. Customer may separately purchase from Quicket maintenance and/or support services for such deliverables or work product on a time and materials basis as set forth in an applicable Schedule or SOW as agreed to by the parties. 2. CHANGE REQUESTS. Either party may request a change to an SOW or Schedule of Professional Services, and for such purpose shall submit to the other party a written notice ("Change Request") setting forth the requested change and the reason for such request. Within five (5) business days (or such other period of time as agreed by the parties) after the receipt of such Change Request, the parties shall discuss the necessity, desirability and/or acceptability of the Change Request. When and if both parties have agreed in writing upon the changes, and any resulting change in the estimated fees for the project, the parties shall complete and execute a new SOW or Schedule. 3. CHARGES FOR SERVICES. Customer shall pay to Quicket the fees set forth in the SOW(s) or Schedule(s) for the Professional Services. Unless explicitly stated otherwise in writing in an SOW or Schedule or any other document, all such listed Professional Services fees are estimates only, and are billed on a time and materials basis at rates agreed upon in writing by the parties for the Professional Services. Quicket will give prior notice to Customer if Quicket reasonably believes the Professional Services will not be completed within the estimate provided and the parties will enter into an appropriate Change Request as necessary and as agreed by the parties. Professional Services will be invoiced in accordance with Section 7 of the MSSA. 4. SUSPENSION OR TERMINATION OF PROFESSIONAL SERVICES. Customer may terminate a particular Professional Services engagement on thirty (30) days prior written notice, which notice shall specify the exact date of termination. Either party may terminate a particular Professional Services engagement on ten (10) days prior written notice in the event of a material breach by the other party that is not cured within such ten (10) day period, except for term based Professional Services such as hosting services purchased for a specific term which may be terminated only as provided in the applicable SOW or Schedule. In the event of such a suspension or termination, Customer shall continue to be obligated to pay all Professional Services fees due for Professional Services rendered prior to such suspension or termination, provided such services were provided in accordance with this Agreement and the applicable SOW or Schedule. 5. ACCESS TO CUSTOMER'S PROPERTY AND COMPUTERS. Upon Quicket's request, Customer agrees to provide Quicket access to any Equipment and, if necessary, Customer's computer(s) via remote data communication and, upon Quicket's written request, by visits to Customer's site as reasonably required to perform the Professional Services pursuant to any Schedule or SOW and Quicket will abide by Customer's security and safety regulations and policies, provided in advance to Quicket, and which are applicable to such access. Any access under this provision shall not disrupt the operations of the Customer and will have minimal to no impact upon the Customer's information technology systems. 6. LICENSE; OWNERSHIP. 6.1 Quicket hereby grants to Customer a non-exclusive, non -transferable license to use the "Quicket-owned Professional Services Deliverables" (as defined in Section 6.3 below) delivered to Customer, solely in conjunction with, and consistent in scope with, Customer's permitted use of the Quicket Solutions Software and Services under this Agreement. 6.2 To the extent that any Quicket-owned Professional Services Deliverables are delivered to Customer by Quicket in source code format then Quicket hereby grants to Customer a limited license to copy and to modify such source code, and to compile such source code into object code, but solely in connection with, and only to the extent necessary for, Customer's maintenance and support of the Quicket-owned Professional Services Deliverables hereunder and for no other purpose. The license grant in this Section 6.2 is subject to any limitations set forth in Section 6.1 above. 6.3 Quicket retains ownership of all information, Software and other Intellectual Property owned by it prior to this Agreement or which Quicket develops independently of this Agreement ("Quicket Preexisting Property"). Unless otherwise agreed by the parties in an applicable SOW, and subject to the license grant provided in Section 6.1 above, Quicket shall retain ownership of all Quicket Preexisting Property and any deliverables delivered by Customer pursuant to an applicable SOW or separate agreement. ("Quicket-owned Professional Services Deliverables"). All such information shall be treated as Quicket's Confidential Information in accordance with Section 8.3 of the Agreement. Quicket may utilize any and all methods, computer software, know-how or techniques related to programming and processing of data, developed by it while providing the Professional Services and may incorporate the work product in future releases of any of its software, provided the same does not incorporate or include any Customer Data, or Customer's Confidential Information. Quicket will have sole discretion as to whether and how to implement any Suggestions into the Software. 6.4 Customer Ownership. (a) Customer retains ownership of all information, systems, software and other property owned by it prior to this Agreement or which it develops independently of this Agreement, including without limitation all Customer Intellectual Property and Customer Confidential Information ("Customer Independent IP"). The parties acknowledge and agree that Quicket shall not modify, adapt or create derivative works of the Customer Independent IP under this Agreement, and if any such work product is anticipated, the parties shall enter into a mutually agreed upon amendment to this Agreement to contemplate such work, which will reflect that Customer shall own such work product. c 0 L) m Y V H w N c 0 0 m Y U Cl c� co 0 N ti Ln Q to J d 0 C9 0 3 m ) Y n CJ c 0 E t U M Q Page 13 of 17 Packet Pg. 48 8.C.c (b) Quicket hereby grants to Customer and its Affiliates a non-exclusive, non-transferrable, worldwide license to use and implement any ideas, modifications, or suggestions it proposes, creates, or authors relating to the Customer Independent IP. Customer will have sole discretion as to whether and how to implement any such ideas, modifications, or suggestions into the Customer Independent IP. 7. STAFFING. Quicket shall have sole discretion regarding staffing for the Professional Services, including the assignment or reassignment of its Professional Services personnel. In addition, Quicket may, at Quicket's sole responsibility, retain one or more sub -contractors to provide all or a portion of the Professional Services subject to prior written notice to Customer and provided Quicket remains solely responsible for the same as contemplated by Section 5 of the Agreement to which this Appendix 3 is attached. Customer shall have the sole discretion to deny the use of a particular subcontractor. Customer shall provide at least one mutually acceptable contact person to communicate all product development - related activities, and matters concerning the Professional Services, to Quicket. Notwithstanding any provision of this Appendix or any Addenda, SOW or Schedule to which this Appendix is attached or relates, Quicket represents and warrants that all Quicket employees and all subcontractors providing Professional Services (or other services) pursuant to this Agreement will meet all requirements established by applicable law pertaining to citizenship, U.S. residency or other applicable criteria, including requisite background checks and meet any and all personnel requirements agreed to between the Parties. Page 14 of 17 Packet Pg. 49 8.C.c Appendix 4 Leased Equipment Addendum 1. Lease: Quicket Solutions, Inc. ("Quicket") is providing Customer certain Equipment, as defined in the Agreement, and as set forth in a purchase order, SOW or other ordering document entered into by the parties in connection with the Agreement. This Leased Equipment Addendum applies to the delivery, possession and maintenance of the Equipment. Customer agrees that all such Equipment is leased from Quicket and that Quicket is the owner of the Equipment. This Equipment Lease Addendum commences on the date the Equipment is delivered to Customer, and all lease payments are included in the total fees set forth on the purchase order or other ordering document. 2. Equipment Use, Maintenance and Warranties: (a) Quicket leases the Equipment to Customer "AS IS" AND, EXCEPT AS OTHERWISE STATED HEREIN, MAKES NO WARRANTIES, EXPRESSOR IMPLIED WITH REGARD TO THE EQUIPMENT, INCLUDING ANYWARRANTIESOF MERCHANTABILITY OR FITNESSFORA PARTICULAR PURPOSE. Notwithstanding the disclaimers set forth in the immediately preceding sentence, Quicket specifically warrants that the Equipment is fit for use with the Quicket Solutions Software and Services, as defined in the Agreement. Quicket will hold for the benefit of, or transfer to, Customer, at Customer's option, any manufacturer warranties included with any such Equipment. Unless otherwise specified in the Agreement, the SOW or other ordering document, Customer is required to keep the Equipment repaired and maintained in good working order and as required by the manufacturer's warranty. (b) During the Term, Quicket will be responsible for maintenance and/or service of the Equipment in accordance with the following: (i) In the event Quicket holds the manufacturer's warranty on any Equipment, then in the event of a claim under the applicable manufacturer's warranty, Customer shall return the Equipment to Quicket, in the manner as Quicket may reasonably direct, with a written description of the damage, malfunction or other problem experienced with the Equipment; (ii) For any Equipment which is no longer covered by the manufacturer's warranty, then Quicket agrees that Quicket will be responsible for maintenance and service of such Equipment until Quicket and Customer determine to remove such Equipment from Service or the Agreement expires or is otherwise terminated, subject to the exceptions set forth in subparagraph (iv) below; (iii) In the event that any Equipment malfunctions, is (A) damaged or destroyed, whether or not covered by the manufacturer's warranty at the time of such malfunction, damage or destruction (i.e., such malfunction, damage or destruction is caused by other than routine wear and tear) and (B) the repair or replacement of such Equipment is not or would not be covered under the applicable manufacturer's warranty, then Customer shall be responsible for the cost of repair or replacement of such Equipment; (iv) In the event Customer holds the warranty on any Equipment, then Customer shall be responsible for contacting the manufacturer for any warranty matters. (c) In the event any Equipment malfunctions, is damaged, lost or destroyed during the Term, then Customer shall promptly notify Quicket in writing of such malfunction, damage, loss or destruction. In the event Quicket directs Customer to deliver or make available to Quicket, such malfunctioning, damaged or destroyed Equipment, then upon receipt of the Equipment, Quicket shall (i) determine if Quicket is able to remedy the malfunction or repair the Equipment; or (ii) send the Equipment to the manufacturer pursuant to the applicable warranty and (iii) within two (2) business days of receipt of Customer's notice provide a similar make and model of Equipment (or suitable substitute with comparable functionality) for use by Customer until the Equipment is repaired and returned to Customer or a determination is made that the malfunction, damage or other problem is either not covered by (I) the applicable manufacturer's warranty (for example, the damage is caused by abuse or neglect) or (II) Quicket's maintenance and repair obligation under Section 2(b) (ii) above. If the malfunction, damage or other problem is not covered by either the applicable manufacturer's warranty or Quicket's maintenance and repair obligation, and the manufacturer provides an estimate of the cost of repair, Quicket shall refer such estimate to Customer, and Customer shall determine whether to repair or replace the Equipment, at Customer's option and sole expense. Upon repair or replacement, Quicket and Customer shall exchange the original (or replacement) Equipment and the Quicket loaned item. (d) Customeragrees that any warranty claims or other requests for maintenance or service under this Section 2 will not impact its obligation to pay all amounts under the Agreement when due, provided that Quicket provides the replacement Equipment in accordance with Section 2(c) above (e) Customer acknowledges that Quicket is not the agent of or for the Equipment manufacturer for any purposes under the Agreement. (f) Customer acknowledges and agrees that it is responsible for all Equipment in its possession, and it has or will adopt (and enforce) reasonable security policies to protect Customer's property generally, which for purposes of the Agreement shall also include the Equipment. Notwithstanding any provision of this Schedule or the Agreement to the contrary, Quicket shall use commercially reasonable and technologically feasible means to locate or track any lost or stolen Equipment (such as by use of embedded GPS devices or applications). In the event of lost or stolen Equipment, Quicket shall provide, within two (2) business days of Customer's notice of the loss or theft, �a 0 L) m Y U H LU N c 0 0 m Y U Cl c� co 0 N ti Ln Q N J d 0 C9 0 M 3 m ) Y CJ c 0 E t U M Q Page 15 of 17 Packet Pg. 50 8.C.c a similar make and model of Equipment (or suitable substitute with comparable functionality) for use by Customer until the lost or stolen Equipment is recovered or determined to be unrecoverable. If the Equipment is recovered, Customer shall return the loaned Equipment to Quicket. In the event the Equipment is not recoverable, Customer shall reimburse Quicket its actual cost to replace the Equipment (i.e., at Quicket's purchase price from the distributor). In the event Customer elects to eliminate the lost or stolen Equipment from the Agreement, then Customer shall pay to Quicket the value of the lost or stolen Equipment determined by applying straight-line depreciation of a four (4) year economic life of the Equipment to Quicket's cost of purchase plus a twenty- five percent (25%) mark-up (i.e., Quicket's cost from its distributor plus overhead and profit). 3. Assignment: Customer agrees not to transfer, sell, sublease, assign, pledge, relocate, move or encumber either the Equipment or any rights under this Leased Equipment Addendum without Quicket's prior written consent. Page 16 of 17 Packet Pg. 51 8.C.c Appendix 5 Service Level Agreement Availability: Quicket warrants the Quicket Solutions Software and Services will generally be available 99% of the time, except as provided below. General availability will be calculated per calendar quarter, using the following formula: Where [(total — nonexcluded — excluded) *100] > 99% total - excluded "total" means the total number of minutes for the quarter "nonexcluded" means downtime that is not "excluded", as defined in the next bullet "excluded" means the following: o Any planned downtime of which Quicket gives 8 hours or more notice. Quicket will use commercially reasonable efforts to schedule all planned downtime during the weekend hours from 6:00 P.M. Friday, Central Time, through 6:00 A.M. Monday, Central Time. o Any period of unavailability lasting less than 15 minutes. o Any unavailability caused by circumstances beyond Quicket's reasonable control, without limitation, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving Quicket employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Quicket's possession or reasonable control, and network intrusions or denial of service attacks. For any partial calendar quarter during which Customer subscribes to the Quicket Solutions Software and Services, general availability will be calculated based on the entire calendar quarter, not just the portion for which Customer subscribed. In addition, unavailability for some specific features or functions within the Quicket Solutions Software and Services, while others remain available, will not constitute unavailability of the Quicket Solutions Software and Services, so long as the unavailable features or functions are not, in the aggregate, material to the Quicket Solutions Software and Services as a whole. Penalties: Should the Quicket Solutions Software and Services availability fall below the 99% general availability level for any calendar quarter, and this downtime significantly affected customers ability to use the system, Customer may continue to use the Quicket Solutions Software and Services but will receive credit for one half day of its Quicket subscription, in that quarter, for each two hours of general Quicket Solutions Software and Services unavailability below 99%. Any such credit shall be applied to Customer's next invoice (or refunded if Customer's subscription to the Quicket Solutions Software and Services expires or terminates prior to receipt of such credit and Customer owes no further charges to Quicket). The penalties specified in this "Penalties" section shall be the sole remedies available to Customer for breach of this SLA Addendum. Reporting and Claims: To file a claim under this SLA Addendum, Customer must send an email to support(cDguicketsolutions.com with the following details: Billing information, including client name, billing address, billing contact and billing contact phone number Downtime information with dates and time periods for each instance of downtime during the relevant period An explanation of the claim made under this SLA Addendum, including any relevant calculations Claims may only be made on a calendar quarter basis and must be submitted within 10 business days after the end of the affected quarter, except for periods at the end of a subscription agreement not coincident with the end of a calendar quarter, in which case Customer must make any claim within 10 business days after the end of its subscription agreement. All claims will be verified against Quicket's system records. Should any periods of downtime submitted by Customer be disputed, Quicket will provide to Customer a record of Quicket Solutions Software and Services availability for the period in question. Quicket will only provide records of system availability in response to good faith Customer claims. General: Any obligations of Quicket under this SLA Addendum shall become null and void upon any breach by Customer of its Quicket subscription agreement, including any failure by Customer to meet payment obligations to Quicket. c 0 V m Y U H uj N c 0 0 m Y U .3 Cl c� CO 0 ti Ln Q rn N 2 J d 0 C9 0 3 m a) Y U n CJ c 0 E t U �a Q Page 17 of 17 Packet Pg. 52 8.D Action Item : Award of Bid Exterior Masonry Improvements at Fire Stations 25 and 26 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends that the Village Board authorize the Village Manager to execute a contract with lowest responsive and responsible bidder Continental Construction Co., Inc., in an amount not to exceed $53,000.00 for exterior masonry improvements at Fire Station 25 and Fire station 26. ATTACHMENTS: • Memo -Fire Masonry (DOCX) • 173016_Bid Award Recommendation (PDF) Trustee Liaison Stein Monday, October 16, 2017 Staff Contact Brett Robinson, Finance Updated: 10/12/2017 2:46 PM Page 1 Packet Pg. 53 8.D.a A1, L AGE )F MEMORANDUM DATE: October 12, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Mike Skibbe, Deputy Public Works Director SUBJECT: Exterior Masonry Improvements Background This project involves numerous repairs to the existing masonry at Fire Station 25 and Station 26. In addition this project also includes raising the door heights at Fire Station 25 allowing for newer fire apparatus to be located at this station. As the low bidder was well below the median received for this project staff requested our architectural firm review the requirements of the project with the low bidder, Continental Construction Co., Inc. As noted in the attached memo our architectural firm was satisfied that the contractor was aware of the scope of the project and the requirements thereof. Recommendation Staff recommends that the Village Board authorize the Village Manager to execute a contract with lowest responsive and responsible bidder Continental Construction Co., Inc., in an amount not to exceed $53,000.00 for exterior masonry improvements at Fire Station 25 and Fire Station 26. Packet Pg. 54 8.D.b September 25, 2017 Ij 10m Brett Robinson, Purchasing Manager PATE Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, Illinois 60089 Re: Village of Buffalo Grove Exterior Masonry Improvements Commission No. 173016 d E Dear Brett: a We recommend the following be presented to the Village Board. L 0. On Thursday, September 21, 2017, at 9:30 a.m., bids were received from four (4) contractors for the �+ Exterior Masonry Improvements project at Fire Station Nos. 25 and 26. A bid tabulation is attached o for your review. Continental Construction Co., Inc. from Evanston, Illinois submitted the low base bid in the amount of $49,000.00. Selection of alternates does not affect who will be the low bidder. Alternate No. 1: Winter Conditions Add $4,000.00 L a This alternate will make the Contractor responsible for including any necessary cold weather x provisions required to meet the project completion date. Overnight ambient temperatures typically w fall below 40 degrees in late October. 00 Recommendation: Accept this Alternate — Alternate No. 2: Replace Overhead Doors Add $8,500.00 M This alternate would include complete replacement of two (2) overhead doors at Fire Station No. 25. Q As part of the base bid, these doors are required to be modified with additional panels to accommodate the increased opening height. 04 Recommendation: Reject this Alternate N Based on the Village's Capital Improvement Plan, the combined budget for this project was c $72,000.00. Based on review of the project scope with the low bidder, and input received for their references, we recommend awarding the contract to Continental Construction Co., Inc. as follows: E Base bid $49,000.00 cap Alternate No. 1: Winter Conditions Add $ 4,000.00 Alternate No. 2: Replace Overhead Doors Reject $ 8,500.00 TOTAL CONTRACT $53,000.00 ra Q Please let me know if you have any questions. pp Sincerely, I co c M Wold I Ruck Pate c �r� u E s Matt Bickel I AIA, LEED AP Partner Q Enclosure cc: Mike Skibbe, VBG JB/ONillageBuffaloGrove/173016/crsp/sep17 Wald I Ruck 'Pate 11.0 North Brock-%vay Street„ Suite 220 I'alatine„ IL 60067 woldae.coru 1 847 241 6100 1° C II1 IIII"°I°°`IIWrl°'' IIIC S )i "" Packet Pg. 55 (nuema odm|fuuo en,o|,ax]me 10 Pmm¥:ZOZ ugmPuemmo e11pem¥ me M L� :4uawqDejjv / q G m / / / 21. � co O 2 % k ® CZE @ k § C m e 2 » @ -29 / / / \ k / k \ c m \ ) < � \ E ƒ o /E/ o < y ± \ f / _ g 2 = e / E \ § 0� \/ J x & L � 6 % / m 2 § § 2 4 gnu S ]io 0 / / / ea unN unpueppv �W � e E e � / Fn \ \ \ / % z & $ / k / z / z \ \ \ \ CD a)/ ƒ / x x x x a C\j C\j a k § � ; E j / E 82$ \R g % r/ �E 0 2 §/ § E g ) \ \ 5 e m \ / = �aC \ / = \ k®�@�k/\G§t8*g\d�/7� 0 § / £ @ z -° L)U)- o $ _ %§-"a) { E { A >' "E.§�pa " E f & _ > G D '¥cm—'t 2ooc=-ES 0$ro cz e231®7/moc@E n _- EO-E 27oRk}\332Jto00 =k» =to� }R7 2 a \ a 8.E Action Item : Change Order for Golfview Lift Station Reconstruction ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends that the Village Board approve a change order requesting 42 additional calendar days for completion of the Golfview Lift Station Reconstruction Project, pending the Village Manager's determination that the change is in the best interest of the Village of Buffalo Grove. This extension does not increase the cost of the project. ATTACHMENTS: • GVLS CO (DOCK • GVLS CO memo (DOCX) • 2017-09-27 Time Extension Recommendation Cover Letter COMPLETE (PDF) • Golfview-Change Order 1 (PDF) Trustee Liaison Stein Monday, October 16, 2017 Staff Contact Brett Robinson, Finance Updated: 10/12/2017 2:57 PM Page 1 Packet Pg. 57 8.E.a A1, L AGE )F MEMORANDUM DATE: October 12, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager SUBJECT: Golfview Lift Station Reconstruction Project Background As the Village Board is aware Subsection 9 of Article 33E, Public Contract, of the Illinois Criminal Code (720 ILCS 5/33E-9) makes it a Class 4 felony to approve a change order for an increase or decrease in either the cost of a public contract by a total of $10,000 or more or the time of completion by a total of 30 days or more without first obtaining from the Village Board, or from a designee authorized by the Village Board, a determination in writing that (1) the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, or (2) the change is germane to the original contract as signed, or (3) the change order is in the best interest of the unit of local government. Recommendation As the cost to the Village is zero dollars and the engineer in charge of the project has determined that the request for additional time is reasonable, staff recommends that the Village Board approve a change order requesting 42 additional calendar days for completion of the Golfview Lift Station Reconstruction Project, pending the Village Manager's determination that the change is in the best interest of the Village of Buffalo Grove. !a! Packet Pg. 58 8.E.b A1, L AGE )F MEMORANDUM DATE: October 12, 2017 TO: President Beverly Sussman and Trustees FROM: Dane Bragg, Village Manager SUBJECT: Golfview Lift Station Reconstruction Project I, Dane Bragg, Village Manager of the Village of Buffalo Grove, pursuant to being authorized as a designee by the Village Board of the Village of Buffalo Grove and after reviewing the facts presented to me by staff, as detailed in the Ciorba Group memo dated September 27, 2017, do hereby determine that the change in the completion date as requested by Bolder Contractors is in the best interests of the Village of Buffalo Grove. Packet Pg. 59 • 8.E.c 5507 N. Cumberland Avenue, Chicago, Illinois 60656-1471 E Tel 773.775.4009 E Fax 773.775.4014 E www.ciorba.com September 27, 2017 Mr. Michael Skibbe Deputy Director of Public Works Village of Buffalo Grove Public Works 51 Raupp Boulevard Buffalo Grove, Illinois 60089 Subject: Golfview Lift Station Reconstruction Time Extension Recommendation Dear Mr. Skibbe: We have reviewed the Bolder Contractors Substantial Completion Date Request for Extension of Time, dated August 18th, 2017. We find the find the requested extension acceptable based upon the explanation provided by the control panel manufacturer, Wuderlich Malec. Furthermore, Bolder Contractors has completed all possible work to ready the site for the control panel, due to arrive on September 29th, 2017. We recommend the Village approve the Final Completion Date extension to October 27, 2017. Please contact me with any questions. Sincerely, CIORBA GROUP, INC. Luke A. Mattson, PE Municipal Project Manager Packet Pg. 60 wNl Mr. Michael K. Skibbe We would like to request an extension of time for the Substantial Completion date set for the project. N-re-I vr"R� *r tofabricatethananticipated, Pderlich-MaJec addressing the reason for the delay. immediately aind to only have work affiliated with the controo complete when received, We apologize; for the inconvenience and promise you that we will conitilniue to do! everything we; can to expedite the completion ofthe project. Sm M= J Doug Abbey Bolder Contractors, nc. IPacket Pg. 61 1 Doug, Abbey 316 Cary Point Drive Cary, IL 60013 RE: Buffalo Grove Goon Reconstruction Control Panel Delay WM Project No. 1,517025 FTC t7M project, All custom enclosure manufacturers are experiencing and increase in demand for their products, resulting in increased lead times and delays, This, was not the case when the project was quoted and the original delivery schedule eistablish:ed'. We have been and will coe to expedite the control yanel assemband dLt:�q in order to mininnize th current anticipated delivery date for the panel is 9/29/17. Z= M, • w �- lZOrM=- M-351 ".. SIGNED ELECTRONTGALLY Ben Howe Project Engineer/Manager Wunderlich-Malec Environmental EEO(,Affirmatke Adon Einpb,er GQFriicis Officle 937 Uiom,,�I)kvefr[Ue, AdiJm)ci, R., 60101 Phorxx,630-,8,27 0,200 Fav 630-827-0208 ypjwvpm�i�enc Cr'Yllf kimm Cakkxni,,-r. Crolorado Geuqa IMrRas r me Nlr'irlaie""onI3 New Har�ipsh(re Nevy YOO" r4orV'o"arakna ONsr Packet Pg. 62 8.E.d CHANGE ORDER SECTION 00699 Order No. 1 Date: 9/28/2017 Agreement Date: 2/28/2017 NAME OF PROJECT: Golfview Lift Station Reconstruction OWNER: Village of Buffalo Grove CONTRACTOR: Bolder Contractors, Inc. CHANGES TO THE CONTRACT DOCUMENTS (Describe and/or attach description/ justification) Refer to the attached documents for the time extension justification: 1. 9/27/17 — Ciorba Group Time Extension Recommendation 2. 8/18/17 — Bolder Contractors Substantial Completion Date Request for Extension of Time 3. 8/17/17 — Wunderlich Malec Buffalo Grove Golfview Lift Station Reconstruction Control Panel Delay CHANGES TO THE CONTRACT PRICE Original CONTRACT PRICE: $ 818,100.31 Current CONTRACT PRICE adjusted by previous CHANGE ORDER: $ 818,100.31 The CONTRACT PRICE due to this CHANGE ORDER will be (Increased) (Decreased) by: $ 0 The new CONTRACT PRICE including this CHANGE ORDER will be: $ 818,100.31 Village of Buffalo Grove Golfview Lift Station Reconstruction Packet Pg. 63 8.E.d CHANGE TO CONTRACT TIME The CONTRACT TIME will be Increased by 42 The date for final completion of all Work shall be Prepared By CONTRACTOR: Reviewed By ENGINEER: calendar days. October 27, 2017 (Date) (Date) Accepted By OWNER: (Date) Village of Buffalo Grove Golfview Lift Station Reconstruction Packet Pg. 64 8.F Action Item : Authorization to Execute Contract Extensions with Multiple Vendors ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute the following Contract extensions as listed below and further detailed in the attached memo. A fifth and final contract option with Elevator Inspection Services Company, Inc.(EIS), for Elevator Inspection Services. A third year contract option with Clarke Environmental for Mosquito Abatement Services. A fifth and final contract option with InterDev,LLC., for Information Technology Services. A fifth and final contract option with Melrose Pyrotechnics., for Firework Displays. A fifth and final contract option with Indestructo rental company for Tent and Equipment Rental Services. A second year contract option with Service Sanitation for Portable Restroom Rental and Services. A second year contract option with Gen Power Inc., for Portable Power and Lighting. A fourth year contract option with Magic Dreams Productions for Video Services. A fourth year contract option with Municipal GIS Partners, Inc., for Geographical Information Services. A third and final contract option with Denler Inc., for Crack Sealing Services. A third and final contract option with Hydro Vision Inc., for Sewer Televising Services. A second year contract option with Perfect Cleaning Services, for Custodial Services A second year contract option with Wold Ruck Pate, for Architectural Services A second year contract option with Reliable Property Services, for Landscaping Services A third year contract option with Ultrastrobe Inc., for Emergency Vehicle Lighting Installation Services. Fourth and fifth year contract options with Reliable Property Services, for Golf Course Maintenance Services at both the Buffalo Grove and Arboretum Golf Courses. ATTACHMENTS: • Contract Extensions Fall 2017 (DOCX) Trustee Liaison Johnson Monday, October 16, 2017 Staff Contact Brett Robinson, Finance Updated: 10/10/2017 1:27 PM Page 1 Packet Pg. 65 8.F Action Item (ID # 2097) Meeting of October 16, 2017 Updated: 10/10/2017 1:27 PM Page 2 Packet Pg. 66 8.F.a VILLAGE OF BUFFALO GRONAE, MEMORANDUM DATE: October 12, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager SUBJECT: Fall Contract Extensions Staff will bring the following recommendations for contract extensions before the Village Board as a single item on October 16`h as has been done in the past. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth and final contract option with Elevator Inspection Services Company, Inc. (EIS), for Elevator Inspection Services to cover the period from January 1, 2018 to December 31, 2018. This work would be expected to continue to be done within the 2018 approved budget amount. Prices are expected to remain the same. This is a pass thru charge and does not have a negative impact on the budget. Staff recommends that the Village President and Board of Trustees authorize staff to execute the third year contract option with Clarke Environmental Mosquito Management, Inc., for Mosquito Abatement Operations to cover the period from November 2, 2017 to November 2, 2018. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase not to exceed 1.5% is expected and the base contract amount is set at a not to exceed amount of $50,650. Staff recommends that the Village President and Board of Trustees authorize staff to execute a fifth year contract option with InterDev, LLC. for Information Technology Services to cover the period from April 26, 2018 to April 27, 2019. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase not to exceed 3% is expected and the base contract amount is set at a not to exceed amount of $408,351. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth and final contract option with Melrose Pyrotechnics for Pyrotechnics Services to cover the period from October 21, 2017 to October 21, 2018. This work would be expected to continue to be done within the 2017 approved budget amount. A price increase of 2.27% is expected and the base contract amount is set at a not to exceed amount of $23,000. This price would include only one pyrotechnic display. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth and final contract option with Indestructo rental company for Tent and Equipment Rental Services for Buffalo Grove Days to cover the period from December 2, 2017 to December 2, 2018. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase of 2.5% is expected and the base contract amount is set at a not to exceed amount of $20,000. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second year contract option with Service Sanitation for Portable Restroom Rental and Service for Buffalo Grove Page 11 Packet Pg. 67 8.F.a Days to cover the period from January 23, 2018 to January 22, 2019. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase of no more than 2.5% is expected and the base contract amount is set at a not to exceed amount of $15,550. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second year contract option with Gen Power Inc., for Portable Power and Lighting for Buffalo Grove Days to cover the period from January 2, 2018 to January 21, 2019. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase of no more than 2.5% is expected and the base contract amount is set at a not to exceed amount of $8,500. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fourth year contract option with Magic Dreams Productions for Video Services to cover the period from January 1, 2017 to December 31, 2018. This work would be expected to continue to be done within the 2018 approved budget amount. No price increase is expected and the base contract amount is set at a not to exceed amount of $20,000. Staff recommends that the Village President and Board of Trustees authorize staff to execute a fourth year contract option with Municipal GIS Partners, Inc. for Geographical Information Services to cover the period from January 1, 2018 to December 31, 2018. This work would be expected to continue to be done within the 2017 approved budget amount. A price increase of 2.6% is expected and the base contract amount is set at a not to exceed amount of $151,101. Staff recommends that the Village President and Board of Trustees authorize staff to execute the third and final contract option with Denler Inc. for Crack Sealing Services to cover the period from January 1, 2018 to December 31, 2018. This work would be expected to continue to be done within the 2017 approved budget amount. A price increase of 3% is expected and the unit price per pound of sealant installed is expected to be $1.27. Staff recommends that the Village President and Board of Trustees authorize staff to execute the third and final contract option with Hydro Vision Inc. for Sewer Televising Services to cover the period from January 1, 2018 to December 31, 2018. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase of no more than 2.5% is expected and the base contract amount is set at a not to exceed amount of $100,000. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second year contract option with Perfect Cleaning for Custodial Services to cover the period from January 1, 2018 to December 31, 2018. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase of no more than 2.5% is expected and the base contract amount is set at a not to exceed amount of $92,148. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second year contract option with Wold Ruck Pate for Architectural Services to cover the period from February 28, 2018 to February 27, 2019. This work would be expected to continue to be done within the 2018 approved budget amount. Prices are based upon Project Cost at 6.5% for new construction and 8.5% for renovations. Staff recommends that the Village President and Board of Trustees authorize staff to execute the second year contract option with Reliable Property Services for Landscaping Services to cover the period from March 22, 2018 to March 21, 2019. This work would be expected to continue to be done within the 2018 approved budget amount. A price increase of no more than 2% is expected and the base contract amount is set at a not to exceed amount of $153,000. Staff recommends that the Village President and Board of Trustees authorize staff to execute the third year contract option with Ultrastrobe Inc. for Emergency Vehicle Lighting Installation Services to cover the period from December 2, 2017 to December 2, 2018. The purchase and installation of emergency lighting and equipment in Police vehicles would have no direct impact on the Village budget. The funds Page 12 Packet Pg. 68 8.F.a directed for the purchase of this type of equipment are obtained through Illinois statute (625 ILCS 5/16- 104c) and are set aside for the purchase and maintenance of Police vehicles. Fire vehicle emergency lighting is allocated through reserve funds set aside for equipment replacement. A unit price increase of 3% is expected and the contract amount is set at a not to exceed amount of $75,000. Staff recommends that the Village President and Board of Trustees authorize staff to execute the fourth and fifth year contract option (two year extension) with Reliable Property Services for Golf Course Maintenance Services at both the Buffalo Grove Golf Course and Arboretum Golf Course to cover the period from February 24, 2018 to February 23, 2020. This work would be expected to continue to be done within the annual approved budget amounts. A price increase of no more than 1 % each year is expected and the base contract amount is set at a not to exceed amount of $1,471,490 for FY 2018 and $1,486,205 for FY 2019. I have reviewed the performance of each of the above listed contractors/vendors with the staff from the individual department responsible for managing each contract. Staff has reported back that each of the above listed contractors has either met or exceeded the expectations of the contract. Page 13 Packet Pg. 69 8.G Ordinance No. 0-2017-42 : Ordinance Updating the Fee and Fine Ordinance ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. SUMMARY: The ordinance updates the Village of Buffalo Grove's Fee and Fine schedule to reflect the changes discussed at the August and October Committee of the Whole meetings. A full list of changes is detailed in the attached memorandum. ATTACHMENTS: • Fee and Fine Memo (DOCX) • CHICAGO1-#703238-v1-0rdinance_Fee_and_Fines_and Animal_Licensing (DOC) Trustee Liaison Johnson Monday, October 16, 2017 Staff Contact Scott Anderson, Finance Updated: 10/12/2017 3:01 PM Page 1 Packet Pg. 70 8.G.a A1, L AGE )F MEMORANDUM DATE: October 12, 2017 TO: Buffalo Grove Village Board FROM: Scott Anderson, Finance Director SUBJECT: Recommended Fee and Fine Changes for FY 2018 Overview As part of the annual budget development process, department directors submit recommendations to update current fees and/or fines that will impact the budget (FY 2018). The recommendations are consolidated and proposed at the same time to provide efficiency and continuity in the process. There are several reasons why fees and/or fines are changed including; existing rate does not adequately cover the cost of service, no fee/fine existed previously, the fine is no longer a deterrent to non- compliance, the fee is lower than other municipal comparables for similar services. Staff has been requested to evaluate the current fees and fines associated with handicapped parking violations. Staff will be surveying surrounding communities regarding their structures and will make a recommendation at a future date. Recommended changes are listed below. Please refer to the attached documents for the justification and support for the proposed new fee/fine. Below is a summary table of the recommend fee and fine changes: Fee or Fine Current Amount Recommended Amount Annual Metra Parking Pass N/A $450.00 Service Fee for Exempt Transactions N/A $25.00 Building permit fee for decks, sheds, gazebos $50.00 base fee plus $55.00 base fee plus fifteen and patio fifteen cents per sq. ft. cents per sq. ft. Amendment Form plan review fee $50.00 $50.00 for each review required Sale/delivery of tobacco to a minor $75 $100 Underage possession/consumption of alcohol $75 $100 Social hosting responsibility $150 $250 Possession of tobacco products by a minor $50 $75 Trespass $75 $100 Damage to village property $75 $100 Discharge of air rifle/bb gun $75 $100 Soliciting without a permit $50 $100 Soliciting where posted No Soliciting $50 $100 Soliciting — failure to leave when requested $50 $100 Soliciting in violation of hours/days $50 $100 Possession of cannabis under 10 grams $200 $250 Packet Pg. 71 8.G.b Underlined — addition �tt — deletion 10/12/2017 #703238 ORDINANCE NO. 2017 - AN ORDINANCE AMENDING FEES AND FINES AND ANIMAL LICENSES WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, the Village desires to amend it's fees and fines because the existing rate does not adequately cover the cost of the service, no fee/fine existed previously, the fine is no longer a deterrent to noncompliance, or the fee is lower that other municipal comparables for similar service; and WHEREAS, the Village desires to amend it's animal licensing requirements. 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 into and made a part of this Ordinance as if fully set forth herein. Section 2. Section 3.52.030. subsection B, Section 6.04.020.D.5., , Section 6.04.020.E.4, Sections 6.12.020.subsection A. and 6.12.020 subsection D. and Section 15.04.020 of Section 108.2, Subsection A.1 of Section 1.16.010, Fee Schedule of the Buffalo Grove Municipal Code are hereby amended to read as follows: Buffalo Grove Municipal Code Section Classification Fee 3.52.030. B. Annual convenience parking system fee. $450.00 6.04.020.D.5. Tag fee for a found to be dangerous animal. $50.00 6.04.020.E.4. Tag fee for a found to be potentially dangerous $50.00 animal. 6.12.020 fief A. Tag fee faf eaeh deg of efft 00 subse 6.12.020 .,,,h.,ee fieii rn da-Hgefatis be S50.00-. Shall There be lieense F o .Ball no - dogs per -son used P l f4g nt 15.04.020 Section Building permit fee for decks, sheds, gazebos $50.00 55.00 base fee plus Packet Pg. 72 8.G.b 108.2 subsection A.1. and patios $0.15 per square foot. (not including any electrical fees). 15.04.020 Section Building plan review fee for buildings up to 500 $50.00 for each review 108.2 subsection A.2. square feet required. Section 3. Table 2.62.015-1, Table of Offenses and Fines, of the Buffalo Grove Municipal Code is hereby amended by changing the following offenses of Sections 5.20.190.A, 5.20.192, 5.32.090, 5.32.105, 9.16.020, 9.48.020, 9.48.030.A., and 9.80.010 as follows: Chapter/Section Title/Offenses Minimum Maximum Minimum Fine/Fine Fine* Fine Paid Before Must Hearing Appear At Hearin 5.20.190.A Alcohol $17-5 $100 underage/possession/consumption 5.20.192 Social Hosting Responsibility �59 250 5.32.090 Sale/delivery of tobacco products to -S� $75 person under 21 years of age 5.32.105 Possession of tobacco products by SSA 100 person under 21 years of age 9.16.020 Possession of Cannabis (under 10 $2-94-$250 grams) 9.48.020 Trespass$100 9.48.030.A. Damage to Village Property $7_5$100 9.80.010 Air rifle/BB gun/Gun discharge P51--$100 Section 4. Section 3.52.030, Convenience parking system fee, of the Buffalo Grove Municipal Code is herby amended to read as follows: 3.52.030 - Convenience parking system fee. A. A fee as set forth in Chapter 1.16 of this Code shall be imposed for the purpose of parking for a defined two -month period within the Village's commuter parking lot. A tag or visor hanger will be sold bimonthly for the following periods: January —February March —April May —June July —August September —October November —December Packet Pg. 73 8.G.b The number of such tags or hangers will be limited to two hundred fifty in any bimonthly period. B. A fee as set forth in Chapter 1.16 of this Code shall be imposed for the purpose of parking for a twelve month period from January 1st through December 31st within the Village's commuter parking lot. A tag or visor hanger will be sold for the twelve month period. C. The purchase of a convenience parking permit shall not guarantee a purchaser a parking spot within the Village's commuter parking lot. Section 5. Section 6.04.020.D.5., Found to be a dangerous animal and Section 6.04.020.E.4, Found to be a potentially dangerous animal, are hereby amended to read as follows: D. 5. Represents a significant threat to the health or safety of the public. If the owner of a found to be dangerous animal is in the process of appealing the finding of the Police Department and a decision has not yet been reached by the Animal Control Hearing Board, the owner shall pay the tag fee set forth in Chapter 1.16 of this Code. of the aiiiffial shall f6liew the feqaifeffieiits of Seetiaii 6.12.120 A; 6.12.1-20 B; and 61 2 1 20 C; of +his rat,, Ito. E. 4. May represent a significant threat to the health or safety of the public. If the owner of a found to be potentially dangerous animal is in the process of appealing the finding of the Police Department and a decision has not yet been reached by the Animal Control Hearing Board, the owner shall pay the tag fee set forth in Chapter 1.16 of this Code. of the aniffial shall fallow the fequifeffiefits a . Section 6. Section 6.12.020, License Required, of the Buffalo Grove Municipal Code is hereby repealed as of May 1, 2018. . D. The ., .,1 license 4ee ; of foi4t, i Chapter- 1.16 of this roams Section 7. 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. Packet Pg. 74 8.G.b Section 8. 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. The implementation of this Ordinance shall be January 1, 2018 except that (i) Section 6.12.020 shall be in effect until May 1, 2018 at which time it is automatically repealed and (ii) Sections 6.04.020.D.5 and 6.04.020.E.4. as amended by this Ordinance shall be effective as of May 1, 2018. AYES: NAYES: ABSENT: PASSED: 2017 APPROVED: 2017 PUBLISHED: ATTEST: Janet Sirabian, Village Cleric #703238 E 2017 APPROVED: Beverly Sussman, Village President Packet Pg. 75 9.A Ordinance No. 0-2017-43 : Ordinance Approving a Special Use for a Child Day Care Home at 315 Gardenia Drive ...................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Recommendation of Action .....................................................................................................................................................................................................................................................................................................................................................................................................................................................................� The Planning & Zoning Commission recommended approval (6-0) of the special use, subject to the conditions in the attached Ordinance. Staff concurs with this recommendation. The Petitioner, Geeta Bhatia, resides at 315 Gardenia Dries. She is proposing to operate a Child Day Care Home at the property which is located within the R-9 Residential Zoning District. Pursuant to the Zoning Ordinance, Child Day Care Homes are allowed as a Special Use. Additional information can be found in the attached memorandum. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOC) • Map (DOCK • Responses to Criteria (PDF) • Qualifications (PDF) • Traffic & Parking Policy (PDF) • DCFS License(PDF) Trustee Liaison Ottenheimer Monday, October 16, 2017 Staff Contact Chris Stilling, Community Development Updated: 10/10/2017 1:30 PM Page 1 Packet Pg. 76 9.A.a VILL,AGE OF BUFFALO G110"VE DATE: October 12, 2017 TO: President Beverly Sussman and Trustees FROM: Christopher Stilling, Director of Community Development SUBJECT: Special Use for a Child Care Home at 315 Gardenia Lane BACKGROUND The Petitioner, Geeta Bhatia, resides at 315 Gardenia Lane. She is proposing to operate a Child Day Care Home at the property which is located within the R-9 Residential Zoning District. Pursuant to the Zoning Ordinance, Child Day Care Homes are allowed as a Special Use within residential districts as long as they meet both the standards for a Special Use Criteria as well as the specific criteria and conditions established for Child Day Care Homes. The Village became aware of this currently operating and DCFS Licensed Child Care Home. Once advised of the requirements, the petitioner submitted the application and is now pursuing the Special Use Permit. PLANNING & ZONING COMMISSION (PZC) RECOMMENDATION The Planning & Zoning Commission recommended approval (6-0) of the special use, subject to the following conditions: 1. Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. 2. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The Petitioner is required to apply to the Village for re -authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. 3. The special use shall be automatically revoked if the Petitioner fails, for any reason, to have a valid license issued by the Illinois Department of Children and Family Services (IL DCFS). 4. The Petitioner shall obtain a Village business license prior to operation of the child day care home. 5. The special use does not authorize any use in violation of any covenants running with the Property. 6. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. Page 1 of 2 Packet Pg. 77 9.A.a 7. Petitioner shall maintain the Property in full compliance with Village property maintenance standards at all times, as determined by the Village in its sole discretion. 8. This special use is granted to Geeta Bhatia as an individual. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS There was 1 resident who testified at the meeting with concerns about the proposed use in a residential district. The resident also expressed concern about the 1 employee parking on the street. The petitioner acknowledged that the employee will park on their property. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance granting the special use. 0 E d O m c d E z U �a a Page 2 of 2 Packet Pg. 78 9.A.b ORDINANCE NO. 2017- AN ORDINANCE APPROVING A SPECIAL USE FOR A CHILD DAY CARE HOME IN THE R-9 ZONING DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS Geeta Bhatia 315 Gardenia Lane WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property ("Property") hereinafter legally described is zoned R-9, and is occupied by a single—family detached residence commonly known as 315 Gardenia Lane; and, WHEREAS, Geeta Bhatia ("Petitioner") who resides at the Property has petitioned to the Village for a special use to operate a child day care home at the Property; and, WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held on October 4, 2017 by the Buffalo Grove Planning & Zoning Commission; and, WHEREAS, based on the testimony and evidence presented at the public hearing, the Planning & Zoning Commission made the following findings: That the child day care use will serve the public convenience and will not be detrimental to, nor endanger the public health, safety, morals comfort or general welfare; That the child day care use will not be injurious to the use and enjoyment of other property in the immediate vicinity, nor substantially diminish and impair other property valuations within the neighborhood; That the Petitioner presented adequate evidence that the child day care use will be properly managed to minimize impacts on adjacent properties; and, That there is adequate parking to serve the child day care use. WHEREAS, after closing the public hearing, and then considering the testimony and other evidence presented at the hearing, the Planning & Zoning Commission determined that the criteria and standards for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village's Zoning Ordinance have been met and use of the Property as proposed would be compatible with adjacent properties; and, WHEREAS, the Planning & Zoning Commission voted 6 to 0 to recommend approval of a special use for the proposed child day care home on the Property; and, WHEREAS, the President and Board of Trustees after due and careful consideration have Packet Pg. 79 9.A.b 2 determined that the requirements for a special use as set forth in Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance have been met and that the use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for a child day care home for the following legally described property: SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 8 in the Resubdivision of a portion of Lots 8,9 and 10 in the Commons of Buffalo Grove Unit One, being a Resubdivision in the east'/z of the northeast '/4of Section 32, Township 43 north, Range 11, east of the Third Principal Meridian, according to the Plat of Resubdivision recorded July 10, 1984 as Document 2295283, in Lake County, Illinois. Section 3. The special use is subject to the following conditions: A. Petitioner shall comply with the standards set forth in Section 17.12.141, Section 17.28.040 and Section 17.28.060 of the Village Zoning Ordinance. B. The special use shall be in effect for a period of two (2) years from the date of this Ordinance. The Petitioner is required to apply to the Village for re -authorization of the special use pursuant to Section 17.28.060.0 of the Village Zoning Ordinance. C. The special use shall be automatically revoked if the Petitioner fails, for any reason, to have a valid license issued by the Illinois Department of Children and Family Services (IL DCFS). D. The Petitioner shall obtain a Village business license prior to operation of the child day care home. E. The special use does not authorize any use in violation of any covenants running with the Property. F. No person who has been convicted of a felony or misdemeanor involving violence against a person shall be permitted to reside in the day care home at any time, on a temporary or permanent basis, or otherwise be allowed to be present in the day care home at any time when children are present. The petitioner must agree to permit the Village of Buffalo Grove to conduct, or cause to be conducted, a criminal background check of every person residing in the day care home. G. Petitioner shall maintain the Property in full compliance with Village property Packet Pg. 80 9.A.b 3 maintenance standards at all times, as determined by the Village in its sole discretion. H. This special use is granted to Geeta Bhatia as an individual. Said special use does not run with the Property and is not granted to any business entity. Said special use is not transferable to another person or entity, and may not be used by any other person or entity. Section 4. This Ordinance shall be in full force and effect on and after its passage and approval, subject to the Petitioner's execution of the Acceptance and Agreement attached hereto as Exhibit A, incorporated herein and made a part hereof, and the filing of said executed Acceptance and Agreement form with the Village. This Ordinance shall not be codified. AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk Beverly Sussman, Village President Packet Pg. 81 9.A.b M EXHIBIT A Petitioner acceptance and agreement concerning the special use for a child day care home at 315 Gardenia Drive Geeta Bhatia does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations set forth in the approved Ordinance duly passed and approved by the Village of Buffalo Grove, Illinois authorizing the special use for the child day care home at 315 Gardenia Drive. The undersigned acknowledges that she has read and understands all of the terms and provisions of said Ordinance, and does hereby acknowledge and consent to each and all of the provisions, restrictions, and conditions of said Ordinance. Geeta Bhatia 315 Gardenia Drive Buffalo Grove, IL 60089 Packet Pg. 82 SM }e auaoH aaeO AeQ pliyo a aoi ash leioodg a 6uinoiddd aoueuipio £V-L60Z-O) dew :;uowgoe;;d V M co a. i rr a r,. 505 503 vo 0 I I I I 1 1111. co 11 m N 7t 9.A.d Geeta Bhatia 315 Gardenia Ln Buffalo Grove IL 60089 To, Mr. Brian Sheehan Dt. 08/24/2017 Building Commissioner VILLAGE OF BUFFALO GROVE 50 Raupp Blvd, Buffalo Grove IL 60089 Sub: Compliance with Child Care Home criteria listed in Section 17.28.060 Ref: i) Your email dated 08/15/2017 (copy enclosed) ii) Field Inspection Report dated 8/2/2017 Dear Sir, hereby affirm that Child Care Home at my residence, 31.5 Gardenia Ln Buffalo Grove IL 60089 will comply with each of the following criteria listed in 'Child Care Home — Special Use Handout': 1. A special use for a child care home shall meet the requirements of Section 17.28.040 Rgjpq! s : Following criteria are mentioned in 17.28.040: 1. The special use will serve the public convenience at the location of the subject property; or the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health, safety, morals, comfort, or general welfare; +scar3s: The use will be conducted indoors and in fenced backyard only and will not be detrimental to public welfare. There will be no anticipated adverse impacts due to noise, hours of operation etc. from this special use. 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it will be in harmony with the appropriate, orderly development of the district in which it is located; Restaansq: The property is located at the corner of Gardenia Ln & Vintage Ln, thus giving convenient access to it, for the special use purpose. The size of the property has been duly approved by Illinois Department of Child and Family Services (DCFS) for the nature and intensity of the Child Care Home operation. 3. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially diminish and impair other property valuations with the neighborhood; R spqnse: The Child Care Home will operate from 7:00 am to 7:00 pm and children stay inside the home or back yard, and will not interfere with use and enjoyment of other property in the immediate vicinity. 4. The nature, location and size of the buildings or structures involved with the establishment of the special use will not impede, substantially hinder or discourage the development and use of adjacent land and buildings in accord with the zoning district within which they lie; Res pos: The surrounding area is completely built -out and the applicant is proposing to use existing building/house. Packet Pg. 84 9.A.d 5. Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; tjpparis: The property is already equipped with adequate utilities, access roads, drainage, and/or other necessary facilities. 6. Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. tei _ : The property is located at the corner of Gerdenia Ln & Vintage Ln. The driveway and curb side rIs parking, along the property, provides adequate parking for the pick-up and drop-off of children. 2. Verification that the day care provider is full time resident of the home. Rstcane: The applicant is the day care provider and is full time resident of the home. 3. Verification that the home is licensed by the Illinois Department of Children and Family Services, and that applicable requirements of the Illinois Department of Public Health will be met. fts,pprlsc Illinois DCFS license is attached. The Child Care Home meets all the Illinois Department of Public Health requirements/criteria mentioned in DCFS' PART 406: LICENSING STANDARDS FOR DAY CARE HOMES. 4. Inspection by Village Department of Building and Zoning, Health Officer and Fire Department to determine that all life -safety, health and other applicable codes will be met. p,spoq : Child Care Home is ready for Village Departments' inspection. S. That the establishment, maintenance or operation of the special use will not be detrimental to or endanger the public health and other applicable codes will be met. F + span : The special use will be conducted indoors and in fenced backyard only, and will not be detrimental to public health. Other applicable codes will be met. 6. The following standards will be met- a. Provision of child care shall be limited each day to the hours of 6:00 a.m. to 8:00 p.m. Outdoor play shall not be allowed before 8:00 a.m. �tgstaa2nsf*: As per DCFS license, the Child Care Home will operate from 7:00 a.m. to 7:30 p.m. Outdoor play shall not be allowed before 8:00 a.m. b. Adequate space shall be provided on the driveway of the property for parking while children are being dropped off or picked up at the home. Reponse: Drive way of the property has adequate space for parking while children are being dropped off or picked up at the home. c. Traffic congestion or safety hazards shall not be created in the adjacent neighborhood. Response: The traffic congestion or safety hazards shall be avoided by following 'Traffic and Parking Utilization' policy (attached) Packet Pg. 85 9.A.d d. A play area shall be provided in the rear yard of the property. Said area shall be enclosed by fence at least four feet of height to ensure the safety of the children. The fenced play area shall be secured with a self -closing and self -latching gate(s) as approved by the Village. Said play area shall be screened from adjacent properties with fencing or landscaping. Rc�ras: The house' rear yard is fenced with five feet of fence, and serves as play area. A self -closing and self -latching gate will be installed. e. The day care activities shall not create undue noise or other nuisances for adjacent properties. There shall be no outdoor sound amplification devices which produce distinctly and loudly audible sounds beyond the boundary of the property from which the sound originates. Rey pc►n : The day care activity does not create undue noise or other nuisances for adjacent properties. No outdoor sound devices are being used. f. Employees who are not resident of the day care home may be employed by the daycare provider, if it is determined by the Planning & Zoning Commission that this would not be detrimental to the neighborhood. Parking shall be provided on the property for any employee driving to the home. R.espogW One employee employed at this time, parks on the property. g. An approved day care home shall be subjected to periodic inspection by the Village in accordance with Village procedures for inspections concerning health, life -safety and other applicable regulations. Re! pAne: The applicant agrees. h. The Planning & Zoning Commission and Corporate Authorities may impose conditions and restrictions as may be necessary or appropriate to comply with the foregoing criteria and standards. The foregoing standards may be modified as deemed reasonable in specific cases. expo : The applicant agrees. i. The Planning & Zoning Commission shall consider the number and location of other child day care homes so as to avoid congestion and other negative impacts. R s _grnse: The applicant agrees. Best Regards, (Ge to B' atia) Applicant Packet Pg. 86 9.A.e Experienced Child Care Provider with over 3 years of experience in providing supervision and guidance to children within private home settings. Accomplished in creating educational and recreational activities designed to develop children's physical, emotional, intellectual, and social skills. Dedicated to helping children better understand the world around them and developing relationships with parents to enrich children's lives through play and learning. • CPR and First Aid Certification • Illinois Mandated Reporter • Sudden Infant Death Syndrome (SIDS/SUID/AAP Safe Sleep) training certificate • A Preventable Tragedy: Shaken Baby Syndrome (SBS/Traumatic Brain Injury) training certificate • Health, Safety and Well -Being — training • Child Development - Training • Day Care Home Licensing Orientation - Training • Illinois Food Handler Certificate Professional Experience Primary Child Care Provider at home (Sneh Kids Care) July 2015 — Present 315 Gardenia Ln Buffalo Grove IL 60089 • Operated Family Day Care Home in compliance with Illinois DCFS Day Care Home licensing standards. • Organized and executed activities schedules, developed and reinforced daily routines, and taught children good hygiene habits. • Observed and documented children®s behavior acid progress, and provided written and verbal updates to parents; notified parents of potential behavioral issues. • Provided continuous supervision to children during indoor and outdoor activities and created and maintained safe learning and playing environments. Hours of Operation: 7:00 am — 7:30 pm (Kids currently enrolled are being served 8:00 am — 6:00 pm) Number of children currently being served: A total of 7 children under 5 years of age. Employee(s): One Day Care Assistant: Swati Datar, who is back -ground check and finger- printed per DCFS requirements. Daily Activity Schedule: 8:30 a.m — 9:30 a.m. — Breakfast served 9:30 a.m. —10:00 a.m — Outdoor play in rear yard 10:00 am —11:00 am — Indoor activities like craft, coloring, book reading, exercise etc. 11:00 am —12:00 pm — Lunch served i I Z Packet Pg. 87 12:00 pm — 12:30 pm — Toileting 12:30 pm — 3:00 pm — nap time 3:00 pm — 3:30 pm — Toileting 3:30 pm — 4:00 pm — Snacks served 4:00 pm — 4:30 pm — Outdoor play 4:30 pm — 6:00 pm — Indoor play and Parents pickup Day Care Provider in home setting Oct 2011 — May 2012 Plymouth, MINI 0 Provided home child care services for two children during working day and through limited extended hours. * Prepared healthy meals and snacks, and planned and set up playtime and educational gaines. a Oversaw playurne and helped children put away toys before bedtime, prepared meals, and ensured children went to bed at regularly scheduled times to uphold daily routine schedules. Education Hgh School D'ploma BachOor of Science -z- I -I— I Packet Pg. 88 1 w... J 9,A.f Traffic and Parking Utilization In order to smoothly and safely drop off and pick up your child, please observe following traffic and parking guidelines:- 1. Approach the property from Vintage Ln and NOT from Common Way*,Sha>*4, below). This way, in case the two driveway spots are full, you will street park along the property and NOT on the other side of the street. Parking on the other side of the street impedes traffic, and is risky (since you will cross the street holding a child). 2. Two vehicles can be parked on driveway. Please park on one side (leaving ample space for another vehicle). 3. Please drop off and pick up child quickly. If a discussion is needed regarding your child's day or daycare, please schedule a time, either over the week -end OR later in the evening. Packet Pg. 89 9.A.g State of 111inplis DEPARTMENT OCHILDREN ANDTAMILY SE VICES e � a,zi &- ar.cky NO. DAB` CARE HOME PRINT,DATE: 06-2 -2016 546060-01 LICENSE ISSUED TO r� BATIA GEETA co 'c 315 GARDENIA 1N -o 2 BUFFALO GROVE IL 60089-1662 � Effective Dates (apacity EXTD. 003f SuperOsing (fil'ldWelfare Agency 12-22-2015 . 12-22-20i � DAY: 0 ' � � � ," � AS 0 NIGHT : _ i6 E r�-�Aread�f�a: d for, t:iri8 ren ", . a s MAIN FLOOR ONLY cu o U Ages of Children Served coo DAY: 06 TO I2Y; EX p"'D: "YTO,, 12"Y NIGHT: T012"Y a HOURS OPERATION: ° 7.-OOAM - i6:O PM c 6:'00PIv'I - O) :300M �µ Mailing Address 'for 'this facility i s Acting Director cc BHATIA GEET o 315 GARDENIA LN BUFFALO GROVE IL 6008 6 -'1 2A- -63 NOT TRA14SFERABLE _ Supersedes aWprior'lice'nses'for type of care specified above. a 0 CO C .y p a a Q cu U C CO C 72 0 M I' e-� O CV ow CU C CU U_ J ill U r� Q Packet Pg. 90 9.B Ordinance No. 0-2017-44 : Ordinance Approving a Special Use for a Recreational Facility at 1610 Barclay Blvd ...................... .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Recommendation of Action .....................................................................................................................................................................................................................................................................................................................................................................................................................................................................� The Planning & Zoning Commission recommended approval (6-0) of the special use, subject to conditions in the attached Ordinance. Staff concurs with this recommendation. SUMMARY: The Petitioner is proposing to operate a recreational facility, Chicago School of Golf, at 1610 Barclay Boulevard. This vacant space is 2,000 square feet in size and will be used as a Golf Training/Instruction Facility. Pursuant to the Zoning Ordinance, recreational facilities are a special use in the Industrial District. ATTACHMENTS: • BOT Memo (DOCX) • Ordinance (DOCK • Petitioners Letter (PDF) • Petitioners Response to Standards • Interior Layout (PDF) Trustee Liaison Stein Monday, October 16, 2017 (PDF) Staff Contact Chris Stilling, Community Development Updated: 10/10/2017 1:10 PM Page 1 Packet Pg. 91 9.B.a VILL,AGE OF BUFFALO G110"VE DATE: TO: FROM: SUBJECT: October 12, 2017 President Beverly Sussman and Trustees Christopher Stilling, Director of Community Development Special Use for a Recreational Facility in the Industrial District at 1610 Barclay Blvd. BACKGROUND The Petitioner, David Maslen, is proposing to operate a recreational facility, Chicago School of Golf at 1610 Barclay Boulevard, in the Rogers Center for Commerce - East. This vacant space is 2,000 square feet in size and will be used as a Golf Training/Instruction Facility. Pursuant to the Zoning Ordinance, recreational facilities are a special use in the Industrial District. PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION The Planning & Zoning Commission recommended approval (6-0) of the special use, subject to conditions in the attached Ordinance. Staff concurs with this recommendation. PUBLIC HEARING COMMENTS There were no residents who testified at the meeting. PLANNING & ZONING ANALYSIS Proposed Use The Chicago School of Golf has been in operation since February 2014 (formerly Power3 Golf) in the Chicagoland area. Hours of operation are expected to be by appointment only and will occur mostly after 3:00 p.m. during the weekdays and starting at 9:00 a.m. on weekends. Classes generally run during the months of October to April. Class size is generally one-on-one with a maximum of two instructors and two students at any one time. Existing Use and Surrounding Uses The building and tenant space is located within the Rogers Center for Commerce — East. This property is zoned Industrial and the petitioners requested use is compatible with the adjacent surrounding uses, which include medical offices, office uses and light manufacturing. The proposed use is consistent with the other currently established uses in the Rogers Center for Commerce. Parking The municipal code requires a recreational uses to offer 1.0 off-street parking spaces per 1,000 square feet of floor area. Applying this metric would require 2 spaces for this particular use. As the proposed use is offering mainly individual lessons or very small class sizes, they would likely only require 2-4 parking spaces. Moreover, much of the parking demands for the proposed use will be complementary (evening and weekends) to the existing uses. RECOMMENDATION Staff recommends that the Village Board approve an Ordinance granting the special use. Page 1 of 1 Packet Pg. 92 9.B.b 10/6/2017 ORDINANCE NO. 2017 — AN ORDINANCE APPROVING A SPECIAL USE IN THE INDUSTRIAL DISTRICT VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS The Chicago School of Golf 1610 Barclay Boulevard Rogers Center for Commerce —East WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, the real property legally described in Exhibit A ("Property") attached hereto is zoned in the Industrial District as a Planned Unit Development pursuant to Ordinance No. 88- 72; and, WHEREAS, Arthur J. Rogers & Company is the owner of the Property; and, WHEREAS, Chicago School of Golf, Inc., an Illinois Corporation, ("Petitioner") as lessee of the Property, has petitioned the Village for approval of a special use in the Industrial District to operate a recreation facility including golf training and instruction in a space of 2,000 square feet at 1610 Barclay Boulevard, WHEREAS, the facility would be operated in accordance with and pursuant to the following exhibits: EXHIBITA Legal Description EXHIBIT B Petitioner's Acceptance and Agreement concerning special use WHEREAS, notice of the public hearing concerning the petition for a special use was given, and the public hearing was held by the Village Plan Commission and, WHEREAS, the Plan Commission held a public hearing on October 4, 2017 and determined that the criteria for a special use as set forth in Section 17.28.040 of the Buffalo Grove Zoning Ordinance have been met; and, WHEREAS, the Plan Commission voted 6 to 0 to recommend approval of the special use; Packet Pg. 93 9.B.b 2 and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that use of the Property on the terms and conditions herein set forth would enable the Village to control development of the area and would serve the best interests of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. This ordinance is made pursuant to and in accordance with the Village's Zoning Ordinance, Development Ordinance and the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Ordinance. Section 2. The Corporate Authorities hereby adopt a proper, valid and binding ordinance approving a special use for a recreation facility including golf training and instruction for the Property legally described in Exhibit A attached hereto, subject to the following conditions: A. The special use is granted to Chicago School of Golf, Inc. and does not run with the land. B. The special use granted to Chicago School of Golf, Inc. is assignable to subsequent petitioners seeking assignment of this special use as follows: 1. Upon application of a petitioner seeking assignment of this special use, the Corporate Authorities, in their sole discretion, may refer said application for assignment to the appropriate commission(s) for a public hearing or may hold a public hearing at the Village Board. 2. Such assignment shall be valid only upon the adoption of a proper, valid and binding ordinance by the Corporate Authorities granting said assignment, which may be granted or denied for any reason. C. The Petitioner shall submit the executed Petitioner's Acceptance and Agreement attached hereto and incorporated herein as Exhibit B. Section 3. This Ordinance shall be in full force and effect upon the submittal of the Petitioner's Acceptance and Agreement as set forth in Section 2.C. of this Ordinance. This Ordinance shall not be codified. Packet Pg. 94 9.B.b 3 AYES: NAYS: ABSENT: PASSED: APPROVED: ATTEST: APPROVED: Village Clerk Beverly Sussman, Village President Packet Pg. 95 9.B.b M. EXHIBIT A Legal Description Chicago School of Golf, Inc. 1610 Barclay Boulevard Rogers Center for Commerce -East SUBJECT PROPERTY LEGAL DESCRIPTION: Lot 1 of Rogers Centre for Commerce, a resubdivision of Lots 4, 5, 6, 7 and 8 in Arbor Creek Business Centre, a subdivision in Section 27, Township 43 North, Range 11 East of the Third Principal Meridian, recorded June 11, 1987 as Document No. 2577287, in Lake County, Illinois. SUBJECT PROPERTY COMMON DESCRIPTION: 1610 Barclay Blvd, Buffalo Grove, IL Packet Pg. 96 9.B.b 5 EXHIBIT B Chicago School of Golf, Inc. 1610 Barclay Boulevard Rogers Center for Commerce -East Petitioner Acceptance and Agreement concerning special use ordinance Chicago School of Golf, Inc. acknowledges that it has read and understands all of the terms and provisions of Buffalo Grove Ordinance No. 2017 - _ pertaining to the special use, and does hereby accept and agree to abide by and be bound by each of the terms, conditions and limitations of said Ordinance. Chicago School of Golf, Inc. M Name (print):_ Title: The undersigned Owner acknowledges that it has read and understands all of the terms and provisions of said Buffalo Grove Ordinance No. 2017 - Owner: Arthur J. Rogers & Company Name (print): Title: Packet Pg. 97 9.B,c CHICAGO SCHOOL of GOLF'" August 3, 2017 Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 To whom it may concern: The Chicago School of Golf (formerly, Power of 3 Golf) has been in operation since February 2014. We are a private golf instruction business catering to students of all ages and levels of skill. We utilize cutting -edge video technology to help the beginner to the more advance player develop proper technique and understanding of the golf swing. We teach our students in a private setting keeping the student to instructor ratio to a minimum to accommodate the individual needs of our clients. We strive to deliver exceptional instruction and take pride in the success our clients experience on the golf course. The Buffalo Grove facility will serve our existing clients as well as new clients from Buffalo Grove and surround communities. Lessons are scheduled in advance by appointment only with most lessons occurring after 3:00 pm during weekdays and starting at 8:00 am on the weekends. The 1610 Barclay Blvd location will serve as our primary indoor facility and will be mostly utilized during the months of October to April. We do not store or use any hazardous materials and do not inventory or retail from our location. Sincerely, David Masten, PGA Teaching Professional Chicago School of Golf Office: 708-816-4653 Cell: 603-930-8751 - Titleist Performance Institute Level 3 Golf Coach Et Junior Coach - Hank Haney Certified Instructor - Bio Swing Dynamic Certified Instructor - U.S. Kids Certified Instructor Packet Pg. 98 9.B,d 17.28.040 - Criteria for special use. A. All special uses shall meet the following criteria: y, co 2- co m 1. o c� The special use will serve the public convenience at the location of the subject property; or the establislinrent, maintenance or operation of the special use will not be detri entnl to or eaidanger the public health, safety, morals, comli)rt, or general welfare; -e4lldl O"eOI 41,4`i`% 4*, 4,0 C"O mtw4y, , we of ? � �' A «a ' � -WA+ C UT , 2. The location and size of the special use, the nature and intensity of the operation involved in or conducted in connection with said special use, the size of the subject property in relation to such special use, and the location of the site with respect to streets giving access to it shall be such that it 'tci y l�prcal°gate, orderly Scheol�� t� r�� o��cdistrict in which it is located. - Nvill be in harmony with the adevelo ine T� yell co The special use will not be injurious to the use and enjoyment of other property in the immediate co vicinity of the subject property for the purposes already permitted in such zoning district, nor substantially dim 41ish and impair other property valuations with the neighborhood; CL h ct 1C d� Cat k t- 11 dyc� �i ,M/. toile w;i ✓? �tC�IG'� �0 i ldirvl c l as The nature, location and size of the buildings or structures involved with the establishment of the .y 2. special use will not impede, substantially hinder or discourage the developt'nent and use of as jacen� ��� lie; � land and buildings in accord with the zoning district within which they jP� .S`"o( ot1" 0) s. 72 Adequate utilities, access roads, drainage, and/or other necessary facilities have been or will be provided; Ke f, we w: l t mode why r-J IRT r- 6. � 0 Parking areas shall be of adequate size for the particular special use, which areas shall be properly located and suitably screened from adjoining residential uses, and the entrance and exit driveways to 2 and from these parking areas shall be designed so as to prevent traffic hazards, eliminate nuisance and minimize traffic congestion in the public streets. Yes, ��r��-yf 1' �r�° �� ex�s4� T c B. ° a, The special use shall in all other respects conform to the applicable regulations of the zoning district 0 in which it is located, except as such regulations may be varied. Notwithstanding the foregoing, CL business planned unit developments shall conform with ; jL)iL_ : �4D4,D(0) unless varied. Ef , C. cu a 0 a about:blank 711112017 c E U t0 Q Packet Pg. 99 CHICAGO SCHOOL OF GOLF ROGERS CENTRE for COMMERCE 1610 BARCLAY BLVD. I Packet Pg. 100 1 9.0 Resolution No. R-2017-27 : A Resolution Approving an Intergovernmental Agreement Recertifying the Canadian National Railroad Corridor Quiet Zone ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. In 2007, Buffalo Grove, along with 9 other communities established the Canadian National Railroad Corridor Quiet Zone, an FRA designated zone precluding the use of train whistles/horns at grade crossings along the corridor in Lake County. The Quiet Zone requires recertification every five years and was last recertified in 2012. Accordingly, the Village of Buffalo Grove needs to recertify the Quiet Zone again in 2017. Buffalo Grove was designated as the Quiet Zone Administrator. ATTACHMENTS: • 2017 QZ Memo (DOC) • CHICAG0I-#703387-v1-Resolution_RR Quiet_Zone (2) (DOCN • 2017 QZ IGA (DOCK • Patrick Agreement (PDF) • Patrick Scope (PDF) Trustee Liaison Stein Monday, October 16, 2017 Staff Contact Michael Reynolds, Public Works Updated: 10/13/2017 10:34 AM Page 1 Packet Pg. 101 In 2007, the Village of Buffalo Grove, in cooperation with the County of Lake and the communities of Antioch, Lake Villa, Round Lake Beach, Grayslake, Libertyville, Mundelein, Vernon Hills and Wheeling, entered into an Intergovernmental Agreement (IGA) to create the Canadian National Railroad Corridor Quiet Zone, a Federal Railroad Administration (FRA) designated zone precluding the use of train whistles/horns at railroad grade crossings along the corridor in Lake County. The Quiet Zone must be recertified periodically (usually every five years) and in 2012, the member agencies successfully recertified the Quiet Zone. In accordance with the original terms of the establishment of the zone, the Village of Buffalo Grove serves as the zone administrator. The Attached IGA as well as the engineering agreement and the scope of services has been reviewed by the member Agencies and corporation counsel and found to be sufficient to address member roles and responsibilities associated with this recertification effort. The Engineering Agreement and Scope of Services with Patrick Engineering provides for the assessment and completion of a request to recertify the Quiet Zone before the FRA to the benefit of the original ten members. Each member is responsible for a 1/10 share of the expenses for the recertification. Under the proposed agreement, the recertification process will be completed for a not -to -exceed amount of $19,600 for a total per -member responsibility of $1,960. The completion of the recertification process is independent of any costs associated with any improvements needed to meet the minimum recertification criteria. Should any additional work be required or costs incurred, the member agencies will re-evaluate the plan and provide options. cc: Dane Bragg, Village Manager QZ File 9.C.a Packet Pg. 102 9.C.b RESOLUTION NO. 2017- A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT AMONG THE COUNTY OF LAKE AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA, THE VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE VILLAGE OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE VILLAGE OF VERNON HILLS, THE VILLAGE OF BUFFALO GROVE, AND THE VILLAGE OF WHEELING WITH RESPECT TO ESTABLISHING AND MAINTAINING A QUIET ZONE CORRIDOR ALONG THE CANADIAN NATIONAL RAILROAD RIGHT-OF-WAY WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and 5 ILCS 220/1 et seq. authorize units of local government to contract or otherwise associate among themselves to obtain or share services, to exercise, combine or transfer any power or function, in any manner not prohibited by law, to use their credit, revenues and other reserves to pay costs and to service debt related to intergovernmental activities; and WHEREAS, the Village of Buffalo Grove, the County of Lake, the Village of Antioch, the Village of Lake Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of Libertyville, the Village of Mundelein, the Village of Vernon Hills and the Village of Wheeling ("Parties") are public agencies as that term is defined in the Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.); and WHEREAS, the Parties understand that they will continue to have a mutual obligation to each other upon the establishment of the quiet zone corridor and to work together to undertake those actions necessary to maintain the continual existence of the quiet zone corridor. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows: Section 1. The Agreement entitled, "Intergovernmental Agreement Among the County of Lake and the Village of Antioch, the Village of Lake Villa, the Village of Round Lake Beach, the Village of Grayslake, the Village of Libertyville, the Village of Mundelein, the Village of Vernon Hills, the Village of Buffalo Grove, and the Village of Wheeling, with Respect to Establishing and Maintaining a Quiet Zone Corridor along the Canadian National Railroad Right -of -Way is hereby approved. Section 2. The Village President and Village Clerk are hereby authorized and directed to execute the Agreement. A copy of said Agreement is attached hereto and made a part hereof. AYES: NAYES: ABSENT: PASSED: 2017 APPROVED: ATTEST: Janet Sirabian, Village Clerk *703387 Beverly Sussman, Village President Packet Pg. 103 9.C.c Canadian National Quiet Zone Agreement INTERGOVERNMENTAL AGREEMENT AMONG THE COUNTY OF LAKE, AND THE VILLAGE OF ANTIOCH, THE VILLAGE OF LAKE VILLA, THE VILLAGE OF ROUND LAKE BEACH, THE VILLAGE OF GRAYSLAKE, THE VILLAGE OF LIBERTYVILLE, THE VILLAGE OF MUNDELEIN, THE VILLAGE OF VERNON HILLS, THE VILLAGE OF BUFFALO GROVE, AND THE VILLAGE OF WHEELING, FOR THE EQUALLY SHARED COSTS FOR INITIAL WORK TOWARDS THE RECERTIFICATION OF THE EXISTING QUIETCORRIDOR ALONG THE CANADIAN NATIONAL RAILROAD RIGHT-OF-WAY THIS AGREEMENT entered into this, day of , A.D. 20 , by and among the COUNTY OF LAKE, Illinois, an Illinois body politic and corporate, acting by and through its Chairman and County Board, hereinafter referred to as the COUNTY, the VILLAGE OF ANTIOCH, an Illinois Municipal Corporation, acting by and through its Mayor and Board of Trustees, hereinafter referred to as ANTIOCH, the VILLAGE OF LAKE VILLA, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as LAKE VILLA, the VILLAGE OF ROUND LAKE BEACH, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as ROUND LAKE BEACH, the VILLAGE OF GRAYSLAKE, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as GRAYSLAKE, the VILLAGE OF LIBERTYVILLE, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as LIBERTYVILLE, the VILLAGE OF MUNDELEIN, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as MUNDELEIN, the VILLAGE OF VERNON HILLS, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as VERNON HILLS, the VILLAGE OF BUFFALO GROVE, an Illinois Home Rule Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as BUFFALO GROVE, the VILLAGE OF WHEELING, an Illinois Municipal Corporation, acting by and through its Village President and Board of Trustees, hereinafter referred to as WHEELING. The COUNTY, ANTIOCH, LAKE VILLA, ROUND LAKE BEACH, GRAYSLAKE, LIBERTYVILLE, MUNDELEIN, VERNON HILLS, BUFFALO GROVE, and WHEELING are sometimes hereinafter referred to individually as a "PARTY" and collectively as the "PARTIES". The CANADIAN NATIONAL RAILROAD corridor is sometimes hereinafter referred to as the "CORRIDOR". WITNESSETH WHEREAS, the Swift Rail Development Act of 1994, (Public Law No. 103-440) hereinafter referred to as the ACT, directed the Federal Railroad Administration, hereinafter referred to as the FRA, to issue a rule, hereinafter referred to as the FINAL RULE (70 Federal Register 21844 published April 27, 2005), mandating the sounding of train horns at all public highway -rail crossings; and, WHEREAS, said FINAL RULE includes provisions for the creation of quiet corridors through the use of supplementary safety measures (SSMs) and alternative safety measures (ASMs) to avoid the mandated sounding of train horns at highway -rail crossings; and, Final Draft Date: October 4, 2017 Page I Packet Pg. 104 9.C.c Canadian National Quiet Zone Agreement WHEREAS, the ACT does not authorize any federal funds to implement said quiet corridors included in the FINAL RULE; and, WHEREAS, improvements at all highway -rail crossings in the CORRIDOR are infeasible due to cost and/or the impracticalities of installation; and, WHEREAS, the CORRIDOR consists of all at -grade crossings along the Canadian National Railroad line from the Wisconsin border to, but not through, the Village of Prospect Heights, Illinois, which include all of the PARTIES to THIS AGREEMENT; and, WHEREAS, the PARTIES cooperated in 2006 leading to the creation of the initial quiet zone in the CORRIDOR, and the recertification of the quiet zone in 2011; and, WHEREAS, the quiet zone as established in 2011 under the FINAL RULE must be recertified; and, WHEREAS, the recertification process will require an evaluation of the system to determine that eligibility requirements are met under the FINAL RULE; and, WHEREAS, the PARTIES have determined it is desirous to pursue a cooperative approach to maintain the existing quiet corridor as a more acceptable alternative to the mandatory sounding of the train horns; and, WHEREAS, the PARTIES hereto have agreed to participate equally in paying for the work to recertify the quiet corridor; and WHEREAS, the work will focus on evaluating the current at -grade railroad crossings along the CORRIDOR and proposing the installation of SSMs and/or ASMs included in the FINAL RULE; and, WHEREAS, Section 10 of Article VII of the Constitution of the State of Illinois of 1970 authorizes units of local government to contract, to exercise, combine, or transfer any power or function not prohibited to them by law or ordinance; and, WHEREAS, the Intergovernmental Cooperation Act of 1973 (5 ILCS, 220/1 et seq.) authorizes municipalities to exercise jointly with any public agency of the State, including other units of local government, any power, privilege, or authority which may be exercised by a unit of local government individually, and to enter into contracts for the performance of governmental services, activities, and undertakings. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, made and pursuant to all applicable statutes, local ordinances, and authority, the PARTIES hereto do hereby enter into the following: 1. It is mutually agreed by and among the PARTIES hereto that the foregoing preambles are hereby incorporated herein as though fully set forth. Final Draft Date: October 4, 2017 Page Packet Pg. 105 9.C.c Canadian National Quiet Zone Agreement 2. BUFFALO GROVE agrees to serve as the Lead Agency for the STUDY and to perform the administrative functions associated with said STUDY. For the purposes of this AGREEMENT, said administrative functions shall be limited to contracting with Patrick Engineering Inc., hereinafter the CONTRACTOR, to perform the work items included in the approved scope of work for the STUDY, paying the CONTRACTOR for completion of the work items included in the scope of services for the STUDY, and receiving reimbursement from each of the other PARTIES hereto in an amount distributed equally among all PARTIES for said STUDY. The STUDY shall be identified as the proposal submitted by CONTRACTOR dated October 14, 2016. Said proposal was accepted on behalf of the PARTIES to THIS AGREEMENT by the President and Board of Trustees of BUFFALO GROVE on , 2017. 3. It is mutually agreed by and among the PARTIES hereto that the scope of work contained in the proposal from the CONTRACTOR titled "Lake County Corridor Quiet Zone Recertification 2017 Wheeling to Antioch, IL, Patrick Proposal Number 2136TR0092" and dated October 14, 2016 constitutes the approved scope of services for the STUDY. Said approved scope of work, by reference herein are hereby made a part hereof. It is further mutually agreed that the total cost of the STUDY, as proposed by the CONTRACTOR, shall not exceed $19,600.00. It is further mutually agreed that, in the event that the study requires additional work not included within the original scope of the STUDY, the CONTRACTOR shall provide to the PARTIES a detailed description of the additional work required to successfully complete the quiet zone recertification. Depending of the cost of the additional work, the PARTIES may elect to terminate the quiet zone recertification effort in accordance with the terms of this AGREEMENT. In such case, the CONTRACTOR will be paid all monies due to it through the date of the termination. 4. It is mutually agreed by and among the PARTIES hereto that the total amount of the local share to be divided equally between the PARTIES shall not exceed $19,600.00. 5. It is mutually agreed by and among the PARTIES hereto that each of the PARTIES shall each reimburse BUFFALO GROVE an amount not to exceed $1,960.00. Final Draft Date: October 4, 2017 Page I Packet Pg. 106 9.C.c Canadian National Quiet Zone Agreement 6. It is mutually agreed by and among the PARTIES hereto that upon execution of the contract between BUFFALO GROVE and the CONTRACTOR, the PARTIES shall each pay to BUFFALO GROVE within thirty (30) days of the receipt of an invoice from BUFFALO GROVE, in a lump sum, an amount equal to seventy- five percent (75%) of their respective obligations incurred under THIS AGREEMENT for payment of their share for the STUDY. Payments to BUFFALO GROVE, upon execution of the contract between BUFFALO GROVE and the CONTRACTOR and receipt of an invoice from BUFFALO GROVE, from each of the other PARTIES shall be in an amount not to exceed $1,470.00. The PARTIES further agree that each shall pay to BUFFALO GROVE the remaining twenty-five percent (25%) of their respective obligations incurred under THIS AGREEMENT for payment of their share for the STUDY. Payment to BUFFALO GROVE shall be in a lump sum, within thirty (30) days of the receipt of an invoice from BUFFALO GROVE, upon completion of the STUDY. The final payments to BUFFALO GROVE upon completion of the STUDY and receipt of an invoice from BUFFALO GROVE shall be in an amount not to exceed $490.00 plus any additional approved expenses, from each of the other PARTIES hereto. The PARTIES further agree that in the event that services are required outside of the scope of the STUDY dated October 14, 2016, the CONTRACTOR will provide a cost estimate for the additional work required to successfully recertify the quiet zone. Upon receipt of the cost estimate by the Lead Agency, the Lead Agency will provide a copy of that estimate to the PARTIES for review. If the PARTIES concur with the proposed changes, the cost of the additional work will be split pursuant to the terms if THIS AGREEMENT. 7. A PARTY may terminate THIS AGREEMENT by resolution of its corporate authorities. A certified copy of any such terminating resolution shall be filed with BUFFALO GROVE within thirty (30) days after its passage. In the event of termination as to one PARTY, THIS AGREEMENT shall remain binding as to the remaining PARTIES. Notwithstanding such termination, a terminating PARTY shall remain liable and responsible for paying all fees for service for their share of the costs of the STUDY as set forth in Sections 5 and 6 above. 8. The PARTIES hereto agree that by duly executing THIS AGREEMENT, the PARTIES concur in BUFFALO GROVE executing the contract for the STUDY with the CONTRACTOR. Final Draft Date: October 4, 2017 Page I Packet Pg. 107 9.C.c Canadian National Quiet Zone Agreement The PARTIES further agree to provide such assistance as proposed by the CONTRACTOR and described in the proposal for the STUDY, without reimbursement from the other PARTIES hereto. 9. It is mutually agreed by and among the PARTIES hereto that each PARTY warrants and represents to each of the other PARTIES and agrees that (1) THIS AGREEMENT is executed by duly authorized agents or officers of such PARTY and that all such agents and officers have executed the same in accordance with the lawful authority vested in them pursuant to all applicable and substantive requirements; (2) THIS AGREEMENT is binding and valid and will be specifically enforceable against each PARTY; and, (3) THIS AGREEMENT does not violate any presently existing provisions of law nor any applicable order, writ, injunction or decree of any court or government department, commission, board, bureau, agency or instrumentality applicable to such PARTY. 10. THIS AGREEMENT shall be deemed to take effect as of the date on which the duly authorized agents of the last of the PARTIES hereto execute THIS AGREEMENT affix their signatures. 11. THIS AGREEMENT shall be enforceable in any court of competent jurisdiction by each of the PARTIES hereto by any appropriate action at law or in equity, including any action to secure the performance of the representations, promises, covenants, agreements and obligations contained herein. 12. It is mutually agreed by and among the PARTIES hereto that the Provisions of THIS AGREEMENT are severable. If any provision, paragraph, section, subdivision, clause, phrase or word of THIS AGREEMENT is for any reason held to be contrary to law, or form creating or regulation having the force and effect of law, such decision shall not affect the remaining portions of THIS AGREEMENT. 13. It is mutually agreed by and among the PARTIES hereto that the agreement of the PARTIES hereto is contained herein and that THIS AGREEMENT supersedes all oral agreements and negotiations between the PARTIES hereto relating to the subject matter hereof as well as any previous agreements presently in effect between the PARTIES hereto relating to the subject matter hereof. 14. It is mutually agreed by and among the PARTIES hereto that any alterations, amendments, deletions, or waivers of any provision of THIS AGREEMENT shall be valid only when expressed in writing and duly executed by the PARTIES hereto. 15. THIS AGREEMENT may be executed in multiple identical counterparts, and all of said counterparts shall, individually and taken together, constitute THIS AGREEMENT. Final Draft Date: October 4, 2017 Page I Packet Pg. 108 Canadian National Quiet Zone Agreement 9.C.c 16. THIS AGREEMENT shall be binding upon and inure to the benefit of the PARTIES hereto, their successors and assigns. No PARTY hereto may assign, transfer, sell, grant, convey, deed, cede or otherwise give over, in any manner or form, any of its rights, duties, obligations and/or responsibilities as heretofore set forth in THIS AGREEMENT without first obtaining the expressed written consent and permission of the other PARTIES to THIS AGREEMENT. 17. It is mutually agreed by and among the PARTIES hereto that nothing contained in THIS AGREEMENT is intended or shall be construed as in any manner or form creating or establishing a relationship of co-partners among the PARTIES hereto for any purpose or in any manner, whatsoever. The PARTIES are to be and shall remain independent of each other with respect to all services performed under THIS AGREEMENT. 18. THIS AGREEMENT shall be considered null and void in the event that the contract between BUFFALO GROVE and the CONTRACTOR for the STUDY is not awarded by December 1, 2017. VILLAGE OF BUFFALO GROVE ATTEST: M- Village Clerk Village of Buffalo Grove Date: Village President Village of Buffalo Grove VILLAGE OF ANTIOCH ATTEST: Village Clerk Village of Antioch Date: Village President Village of Antioch VILLAGE OF LAKE VILLA ATTEST: Village Clerk Village of Lake Villa Date: Village President Village of Lake Villa a a� 0 N a� cY ti N ti O N a c� N C1 ti 0 N c as E s �a a Final Draft Date: October 4, 2017 Page I Packet Pg. 109 9.C.c Canadian National Quiet Zone Agreement ATTEST: VILLAGE OF ROUND LAKE BEACH By: Village Clerk Village President Village of Round Lake Beach Village of Round Lake Beach Date: VILLAGE OF GRAYSLAKE ATTEST: By: Village President Village Clerk Village of Grayslake Village of Grayslake Date: VILLAGE OF LIBERTYVILLE ATTEST: By: Village President. Village Clerk Village of Libertyville Village of Libertyville Date: VILLAGE OF MUNDELEIN ATTEST: By: Village President Village Clerk Village of Mundelein Village of Mundelein Date: VILLAGE OF VERNON HILLS ATTEST: By: Village President Village Clerk Village of Vernon Hills Village of Vernon Hills Date: a a� 0 N a� cY ti N ti 0 N a c� N C1 ti 0 N _ d E s ca a Final Draft Date: October 4, 2017 Page I Packet Pg. 110 Canadian National Quiet Zone Agreement 9.C.c ATTEST: Village Clerk Village of Wheeling VILLAGE OF WHEELING Date: Village President Village of Wheeling a Final Draft Date: October 4, 2017 Page 13 Packet Pg. 111 Canadian National Quiet Zone Agreement 9.C.c ATTEST: Clerk Lake County RECOMMENDED FOR EXECUTION Lake County County Engineer/Director of Transportation COUNTY OF LAKE I0 Date: Chairman Lake County Board a Final Draft Date: October 4, 2017 Page 18 Packet Pg. 112 9.C.d CLIENT MASTER AGREEMENT ENGINEERING This Agreement is entered into on , between Patrick Engineering Inc. ("PATRICK"), an Illinois corporation, and Village of Buffalo Grove, 50 Raupp Blvd, Buffalo Grove, Illinois, 60089, ("CLIENT") and consists of these terms. ARTICLE I: SCOPE OF SERVICES As requested from time to time by CLIENT, PATRICK shall provide engineering, geology, architecture, GIS, survey, Information Technology, Design Build, and/or related services to support CLIENT'S completion of specific projects. For each Project, PATRICK shall prepare and submit to CLIENT a Scope of Services (hereinafter called "Work" or "Services"), Fee, and Schedule. PATRICK shall then prepare a Client Work Order for execution by both CLIENT and PATRICK. The executed Work Order shall be governed by the terms of this AGREEMENT. CLIENT understands that PATRICK may, from time to time, utilize the services of subcontractors to perform all or some of the Work. The Work to be performed by PATRICK is set forth in each Client Work Order. CLIENT may a request, in writing, changes to the Work. In the event PATRICK agrees in writing to such changes in the Work, the parties shall agree on an adjustment in the Contract Price and/or c schedule, the changes shall be binding upon CLIENT, and CLIENT agrees to compensate N PATRICK for all Work performed at CLIENT's request. Any Work performed by PATRICK at the request of CLIENT shall be governed by the terms of this Agreement. 3 CJ ARTICLE II: STANDARD OF CARE r, N PATRICK shall perform the Work with the care and skill ordinarily exercised by members of PATRICK's profession practicing in the same locality under similar conditions or circumstances. o PATRICK makes no other warranty, guarantee or representation, express or implied, in N connection with this Agreement, the performance of the Work or in any report, opinion or other document developed as part of the Work. c ARTICLE III: CONFIDENTIALITY PATRICK shall maintain as confidential such information obtained from CLIENT or developed as part of the Work as CLIENT expressly designates in writing as confidential. This obligation shall not apply to information which is or comes into the public domain; information which PATRICK is required to disclose by any of PATRICK's insurers as it relates to a claim or incident that may generate a possible claim; or information required by law or order of a court, administrative agency or other legal authority. Unless otherwise agreed in writing, PATRICK may use and publish CLIENT's name and a general description of the Work in describing PATRICK's experience to other clients or potential clients. ARTICLE IV: SITE ACCESS, SUBSURFACE HAZARDS AND SITE DATA CLIENT shall provide PATRICK with lawful access to the site(s) where the Work is to be performed. CLIENT shall defend PATRICK from any challenge to such right -of -entry and shall indemnify and hold harmless PATRICK from any claims of trespass which may arise. PATRICK will take reasonable measures to minimize damage to the site and disruption of operations thereon, however, CLIENT acknowledges that certain procedures may cause some damage to land or disruption (including, without limitation, soil borings), and that PATRICK shall not be liable for such damage or disruption, and the correction of which shall not be PATRICK's responsibility unless otherwise agreed to in writing by the parties. CLIENT shall supply PATRICK with information on the existence and location of underground utilities, structures and other hazards, including hazardous wastes or hazardous substances, at any site where the Work is to be performed. PATRICK shall be entitled to rely on the accuracy and completeness of information furnished by others (including location of underground utilities and data on subsurface conditions) and will not conduct independent evaluation thereof unless specified in the Scope of Services. PATRICK shall not be liable for damage to underground utilities or structures not disclosed in Patrick Engineering Inc. Partnering to Build Better Infrastructure 062216R13 Page 1 of 6 Packet Pg. 113 9.C.d CLIENT MASTER AGREEMENT ENGINEERING writing or incorrectly disclosed to PATRICK, and CLIENT agrees to defend and indemnify PATRICK at its sole expense for any claims against PATRICK arising from CLIENT's failure or negligence in this regard. ARTICLE V: BILLING Payments shall be made in accordance with the Illinois Local Government Prompt Payment Act, 50 I LCS. ARTICLE VI: INSURANCE AND LIMITATION OF LIABILITY PATRICK carries substantial insurance coverage including Workers Compensation, Employer's Liability, Commercial General Liability (including contractual liability), Commercial Automobile Liability and Professional Liability. A Schedule of those coverages and coverage limits currently in effect is attached to this Agreement. The parties have assessed the relative risks and benefits which will accrue to each in the performance of the Work and have agreed that PATRICK's total aggregate liability to CLIENT (or anyone claiming by or through CLIENT) for any injury to person or property, claims, damages, expenses, costs or losses of any kind, from any cause whatsoever, shall not exceed the total insurance proceeds paid on behalf of or to PATRICK by its insurers in settlement or satisfaction of such claims. If any claims are found to be uninsured, the total liability of PATRICK for such uninsured claims shall not exceed the total fees paid to PATRICK for a Work Order performed under this Agreement or $25,000, whichever is less. In no event shall either party be liable to the other in contract or tort for consequential or incidental damages including, but not limited to, lost profits or losses from interruption of business. ARTICLE VII: INDEMNIFICATION (A) To the fullest extent permitted by law, PATRICK shall indemnify, defend and hold CLIENT, its employees and agents harmless from and against all demands, claims, suits, liabilities and costs including reasonable attorneys fees and litigation costs ("Claims") caused by or arising out of the negligent acts, errors or omissions, or willful misconduct of PATRICK, its employees, agents or subcontractors except to the extent, if any, that any such Claims results from the negligent acts, errors or omissions, or willful misconduct of CLIENT, its employees or agents. (B) To the fullest extent permitted by law, CLIENT shall indemnify, defend and hold PATRICK, its employees, agents and subcontractors harmless from and against all demands, claims, suits, liabilities, fines, penalties, and costs including reasonable attorneys fees and costs of litigation ("Claim") caused by or arising out of: (i) any conditions existing on or beneath CLIENT's property at the time of performance of the Services, including, but not limited to, pollution or contamination of property: or (ii) the negligent acts, errors or omissions, or willful misconduct of CLIENT, its employees, agents or contractors except to the extent, if any, that any such Claim results from the negligent acts, errors or omissions, or willful misconduct of PATRICK, its employees, agents or subcontractors. The indemnity obligations stated herein shall survive the termination of this Agreement. It is further intended by the parties to this Agreement that PATRICK's services in connection with any Work Order performed under this Agreement shall not subject PATRICK's individual employees, officers or directors to any personal legal exposure for the risks associated with said Work Order. Therefore, and notwithstanding anything to the contrary contained herein, the CLIENT agrees that as the CLIENT's sole and exclusive remedy, any claim, demand or suit shall as c 0 N a� CJ r, N ti O N 0Y Patrick Engineering Inc. Partnering to Build Better Infrastructure 062216R13 Page 2 of 6 Packet Pg. 114 9.C.d CLIENT MASTER AGREEMENT ENGINEERING be directed and/or asserted only against PATRICK, an Illinois corporation, and not against any of its individual employees, officers or directors. ARTICLE VIII: NOTICE OF CLAIMS; COOPERATION If CLIENT discovers any facts that might give rise to a claim arising out of the negligent acts, errors or omissions or willful misconduct of PATRICK, its employees, agents or subcontractors, CLIENT shall immediately notify PATRICK of same in writing. PATRICK shall be entitled to contest any such claim with counsel selected by PATRICK or its insurer and shall be entitled to control any litigation relating to such claim. CLIENT shall not settle or compromise any such claim without PATRICK's prior written consent and CLIENT shall cooperate with PATRICK and its insurer in connection with the defense of any such claim. ARTICLE IX: WORKSITE SAFETY/PATRICK SITE VISITS PATRICK will comply with CLIENT's rules and regulations governing PATRICK's activities on CLIENT's premises to the extent that the same are provided in writing to PATRICK prior to commencement of the Services. PATRICK will be responsible only for the on -site activities of its employees and subcontractors. If the Work includes site visits, for example, to monitor construction activities for compliance with plans and specifications, the parties agree that PATRICK shall assume no responsibility or authority for supervision or control over any contractor's work or worksite safety, shall have no right to stop the work and shall have no responsibility or authority for the means, methods, techniques, sequencing or procedures of construction. ARTICLE X: REUSE OR ALTERATION OF DOCUMENTS Documents prepared by PATRICK are instruments of its Work and PATRICK retains all common law, statutory and other reserved rights, including copyright. PATRICK agrees that CLIENT will have the non-exclusive, limited, worldwide, royalty free, non transferable and non -assignable, and non-sublicenseable, right to use the documents on the project identified in the Scope of Services for each Work Order. PATRICK assumes no liability or responsibility if the documents are reused by CLIENT or others on any other project. In the event that others alter the documents without PATRICK's authorization, any and all liability arising out of such alteration is waived as against PATRICK, and CLIENT assumes full responsibility for such changes. Where PATRICK has used due care in the electronic or disk transmission of data, information or documents to CLIENT and its agents, CLIENT shall be responsible for and bear the risk of loss or damages resulting from (i) errors or defects introduced by such transmission; (ii) CLIENT's or its agent's automated conversion or reformatting of the data, information or documents; and (iii) deficiencies, defects or errors in CLIENT's or its agent's software or hardware utilized to receive, transmit, utilize, format or reproduce the data, information or documents. ARTICLE XI: NOTICES Any notices or other communications required or permitted to be given to the parties hereto shall be deemed to have been given when received, addressed as follows (or at such other address as the party addressed may have substituted by notice pursuant to this Article XI: If to PATRICK: Jeffrey C. Schuh P.E. President Patrick Engineering Inc. 4970 Varsity Drive Lisle, Illinois 60532 contracts@patrickco.com Facsimile: (630) 724-9279 Patrick Engineering Inc. Partnering to Build Better Infrastructure 062216R13 Page 3 of 6 Packet Pg. 11 S Er*JGIPJEERIIMG CLIENT MASTER AGREEMENT 9.C.d If to CLIENT: Village of Buffalo Grove Attn: 50 Raupp Blvd., Buffalo Grove, IL 60089 Phone: E-Mail ARTICLE XII: DELAYS Except for the obligation to pay monies owed, neither CLIENT nor PATRICK shall be liable for a any fault or delay caused by any contingency beyond its control including, but not limited to, delay caused by any third party, any additions or modifications to the Work to be performed by PATRICK under the Agreement, weather, acts of God, wars, terrorism, labor disputes, material i° shortage, delay in obtaining any permits, fires, or demands or requirements of governmental agencies. CJ ARTICLE XIII: SUCCESSOR, ASSIGNS N This Agreement shall be binding upon the parties and their respective successors and assignees. ti Neither party shall assign its interest in this Agreement without the prior written consent of the N other. ' tY ARTICLE XIV: TERMINATION This Agreement may be terminated by either party upon written notice to the other. Upon receipt E of notice of termination from CLIENT, PATRICK shall immediately cease work and take all P L reasonable steps to minimize costs relating to termination. CLIENT shall pay for services rendered through the date of receipt of notice of termination. ARTICLE XV: SEVERABILITY If any term of this Agreement is held to be invalid or unenforceable as a matter of law, such term shall be deemed reformed or deleted, but only to the extent necessary to comply with legal requirements. The remaining provisions of this Agreement shall remain in full force and effect. ARTICLE XVI: APPLICABLE LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Article XVII. AUTHORITY The persons signing this Agreement warrant that he/she has the authority to sign as, or on behalf of, the party for whom he/she is signing. Article XVIII. ATTORNEYS FEES In the event either Party prevails in any litigation to enforce any term or provision of this Agreement, the non -prevailing Party shall pay the other Party its actual reasonable attorney's fees and costs. Patrick Engineering Inc. Partnering to Build Better Infrastructure 062216R13 Page 4 of 6 Packet Pg. 116 CLIENT 9.C.d MASTER AGREEMENT ENGINEERING Article XIX. ENTIRE AGREEMENT This Agreement constitutes the entire Agreement between Patrick and Client in regard to the subject matter hereof and supersedes all prior communications, representations, or Agreements whether oral or written, with respect thereto. It has been induced by no representations, statements, or agreements other than those herein expressed. No agreement hereafter made between the parties shall be binding on either party unless reduced to writing and signed by authorized representatives of the parties. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: VILLAGE OF BUFFALO GROVE Signature Printed Name Title Date PATRICK ENGINEERING INC. Signature Printed Name Title Date Patrick Engineering Inc. Partnering to Build Better Infrastructure 062216R13 Page 5 of 6 Packet Pg. 117 CLIENT WORK ORDER 9.C.d r��r�lr<t��W�rTr Patrick Engineering Proposal No. Patrick Engineering Project No. Date of Work Order: Client Reference: SCOPE OF SERVICES 2B6TR0092 EXHIBIT A Patrick Engineering Inc. proposes to perform the following services in accordance with the Client Agreement dated between Patrick Engineering Inc., 4970 Varsity Drive, Lisle, Illinois 60532 ("PATRICK") and Village of Buffalo Grove located at 50 Raupp Blvd, Buffalo Grove, Illinois, 60089 ("CLIENT'). If the following Scope of Services, fee and schedule are acceptable to CLIENT, then CLIENT shall execute this Work Order in the space provided below and return one (1) completely executed original to Patrick Engineering Inc. PROJECT DESCRIPTION: The Village will need to submit documents to the Federal Railroad Association (FRA) to recertify the current Quiet Zone. Patrick will perform the investigation and analysis required to recertify the current Quiet Zone to meet the requirements in Title 49 Code of Federal Regulation (CFR) Part 222. SCOPE OF SERVICES: For scope of services outlined in Patrick Proposal 2136TR0092, Revision 1 Dated April 14, 2017, for the 2017 recertification of the current Quiet Zone between MP 27.37 and MP 56.04 on the Canadian National Railway (CN) mainline in Lake County, Illinois. PRICING AND COMMERCIAL TERMS: $19,600 Lump Sum COMPLETION DEADLINE: Each person signing below represents that he or she has full legal authority to bind the parties to the terms and conditions contained in this document and the referenced Agreement. The parties agree to the above terms and conditions and PATRICK is authorized to begin Work on the subject project. VILLAGE OF BUFFALO GROVE Signature Printed Name Title Date Internal Quality Control Proj. Mgr approval of W.O.: Ref: PATRICK ENGINEERING INC. Signature Printed Name Title Date Supervisor approval of W.O.: as c 0 N 2D CJ N ti O N Patrick Engineering Inc. Partnering to Build Better Infrastructure 093011 r12 Page 6 of 6 Packet Pg. 118 9.C,e ENGINEERING October 14, 2016 Michael J. Reynolds Director Public Works Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Reference: Proposal for Engineering Services Lake County Corridor Quiet Zone Recertification 2017 Wheeling to Antioch, Illinois Patrick Proposal Number: 2136TR0092 Dear Mr. Reynolds: Patrick Engineering Inc. (Patrick) is pleased to present this proposal to the Village of Buffalo Grove (Village) to provide Engineering Services relating to the 2017 recertification of the current Quiet Zone between MP 27.37 and MP 56.04 on the Canadian National Railway (CN) mainline in Lake County, Illinois. Patrick understands that the Village is the administrator of the Lake County Corridor Quiet Zone. This proposal was requested by the Village as a follow-up recommended by Patrick back in 2012 during the last recertification project. Due to recent construction improvements at a couple of the crossings included in the Quiet Zone Corridor, the Village will need to submit documents to the Federal Railroad Association (FRA) to recertify the current Quiet Zone. As part of this proposal, Patrick will perform the investigation and analysis required to recertify the current Quiet Zone to meet the requirements in Title 49 Code of Federal Regulation (CFR) Part 222. Patrick proposes the following scope of services, budget and schedule to meet the requirements of Title 49 CFR 222 and recertify the current Quiet Zone between MP 27.37 and MP 56.04 along the CN Railway mainline. Scope of Services The following tasks will be performed by Patrick Engineering Inc. (Patrick): Task 1: Meetings and Coordination 1. Patrick will meet with the Village and/or Corridor Task Force in person for up to three (3) meetings. 2. Patrick will coordinate with Task Force Agencies and other stakeholders including the FRA, CN, Metra, ICC, and IDOT for information about completed improvements, traffic information and updated train and traffic volume data. 4970 Varsity Drive, Lisle, Illinois 60532 1 800.799.7050 1 patrickenginee ring.com Packet Pg. 119 9.C,e Village of Buffalo Grove Proposal for Engineering Services Lake County Corridor Recertification 2017 Proposal #: 2136TR0092 October 14, 2016 Page 2 Task 2: Corridor Review 1. Per the FRA requirements, the recertification package is required to contain up-to-date, accurate and complete Grade Crossing Inventory Forms. Based on previous efforts, Patrick understands that there are crossings in the corridor that have changed since the 2011/2012 Quiet Zone recertification, which include grade separation improvements at Rollins Road and Washington Street. In addition, Patrick recommends complete inspection of the corridor to identify any additional improvements that may have been installed in the last five (5) years as part of local construction improvements. Any improvements to the crossings that can qualify to reduce risk will be incorporated into the FRA Quiet Zone calculator for credit towards reducing the risk of the corridor. Patrick will complete onsite reviews of the fourty-four (44) public, private and pedestrian crossings in the corridor in order to update all the Grade Crossing Inventory Forms for the submittal. 2. Patrick will use the field data to update the Grade Crossing Inventory Forms for the 44 at -grade public, private and pedestrian crossings in the corridor. 3. Patrick will use the field data to update the crossing matrix developed in earlier tasks and the 2011 recertification project. 4. The communities will provide updated traffic count data to Patrick, if needed, and Patrick will use that data to update the traffic data fields on the Grade Crossing Inventory Forms. The updated inventory forms will be submitted as part of the recertification package. Task 3: Risk Analysis 1. Patrick will complete one (1) Quiet Zone calculator scenario of the risk that the corridor is qualifying for when including the recent improvements. This corridor risk assessment will be performed after the field inspection and will include any recent roadway improvements constructed for any of the crossings in the corridor. 2. It is assumed that the corridor will be approved based upon the recent changes of two crossings being converted to grade separations. However, it is a possibility that increases in traffic volumes and/or recent accidents may have contributed to an increased risk of the Quiet Zone Corridor. If Patrick determines that the risk is no longer in compliance with the FRA requirements for obtaining Quiet Zone Status, Patrick will complete up to three (3) additional scenarios for reducing risk along the Wheeling to Antioch Corridor in order to determine the preferred scenario for FRA recertification. 3. Patrick will summarize findings in a matrix and review the findings with the Village and/or the Task Force Agencies. Task 4: FRA Recertification Package 1. Patrick will develop and submit a draft package for review. This package includes a cover letter; affirmation that the crossing continue to conform the requirements of Appendix A of Title 49 Packet Pg. 120 9.C,e Village of Buffalo Grove Proposal for Engineering Services Lake County Corridor Recertification 2017 Proposal #: 2136TR0092 October 14, 2016 Page 3 CFR 222; and up-to-date, accurate and complete Grade Crossing Inventory forms for the 44 public, private and pedestrian crossings in the corridor. 2. With approval from the Task Force, Patrick will submit the recertification packages to the Task Force Agencies and the stakeholders including FRA, CN, Metra, IDOT, ICC and private landowners with active private crossings in the corridor. These packages will be sent via certified mail, return receipt requested per the FRA's requirements. Task 5: FRA Documentation 1. If needed, Patrick will develop Alternative Supplemental Safety Measure Application for submittal to the Task Force Agencies and the stakeholders including FRA, CN, Metra, IDOT, ICC and private landowners with active private crossings in the corridor. 2. Patrick will develop one Amended Notice of Establishment for submittal to the Task Force Agencies and the stakeholders including FRA, CN, Metra, IDOT, ICC and private landowners with active private crossings in the corridor. Task 6: Project Management 1. Patrick will manage the schedule, deliverables and financial aspects of the project. 2. Patrick will complete quality control and quality assurance on all deliverables. Assumptions Patrick assumes the following services are not included as part of the project Scope of Services listed above; however, these services can be provided as an additional service or under separate contract: 1. Task Force Agencies will provide updated traffic count data for public crossings in the corridor 2. Diagnostic meetings are not required as part of the recertification process. 3. Public involvement, council presentations and public hearings. 4. Roadway and median design. 5. Topographic survey is not required as part of the recertification process. Preliminary Schedule We are prepared to start within one week after receiving Notice to Proceed (NTP). We will analyze the current FRA Inventory forms to identify where the traffic counts will need to be completed by the Task Force Agencies in order for Patrick to perform risk review. Patrick will coordinate obtaining the traffic count data from each agency and proceed with the field review. A draft of the Quiet Zone Study Recertification package will be delivered to the Village within two (2) months after the traffic counts are received from each agency. It should be noted that some FRA requirements may require six months or more for processing crossing improvement data before issuing approval to proceed with the implementation plan for a quiet zone. Packet Pg. 121 9.C,e Village of Buffalo Grove Proposal for Engineering Services Lake County Corridor Recertification 2017 Proposal #: 266TR0092 October 14, 2016 Page 4 Budget We propose to complete Tasks 1-5 on a lump sum fee as follows: Task Description Cost Per Task ......._.._._.,_._....._._...................._......_._._._.............. ........._.... �.,�.........._...................................w_w_..._..... Task 1: Meetings and Coordination ................................................................................__.�....www_...........�.......�........vw.�..�..�..�..�....vw... $2,440 .....Task 2: Corridor�Rev.�.�ew $4,520 .� - ...................v_wM...._vw�...v......�.,.,�.�.�.�..�..�..�.�...�... Task 3: Risk Analysis �.�....w._...... ....... ............. $4,260 Task 4: FRA Recertification Package .............. __w...... ........ mm.._.............� Documentation .........................._...w__ _ .......,.,._.. _... _,... _............. $2,400 MµM.. wu...,,....... Task 6: Project Management .................M..._._........_.._.................,_.,_.,....,_.,_.,..........._w..__..__..............a......._..w.....,.................................._............................................. ....................w....._, $1 140 .............._.............................................u__w.w._.......................... Total $19,600 Additional scope not identified in this proposal, but requested by the Village on behalf of the Task Force Agencies, will be addressed in a written notification to the Village prior to any expenditure of effort. This will be in accordance with the attached Schedule of Fees and Services. Any changes will not be executed without prior written authorization from the Village. This proposal may only be modified in writing. If the proposal satisfactorily meets the Village and Task Force Agencies' requirements for the proposed work, please sign where indicated below and return the signed acceptance to Patrick Engineering Inc. Please sign the attached Client Project Agreement for Professional Services and return a signed copy to Patrick Engineering Inc. We will return an executed copy for your files. This proposal will be open for acceptance within 60 days from the date of this letter, unless changed by Patrick Engineering Inc. in writing. We appreciate this opportunity to assist the Village and the other Task Force Agencies along the Lake County Quiet Zone Corridor. Please feel free to call either of us at (630) 795-7304 if you have any questions or need any additional information. Sincerely, PATRICK ENGINEERING INC. Karie E. Koehneke, P.E. Paul M. Lopez, P.E., S, Project Manager Vice President Attachments: Client Project Agreement and 2016 Fee Schedule Q Packet Pg. 122 Village of Buffalo Grove Proposal for Engineering Services Lake County Corridor Recertification 2017 Proposal M 2136TR0092 October 14, 2016 Page 5 ACCEPTANCE The contents of this proposal no. 2136TR0092 dated October 14, 2016, to perform Engineering Services for the Village of Buffalo Grove, is understood and accepted as indicated. This proposal together with the referenced agreement is hereby considered to be an Agreement for Engineering Services for the subject project, and Patrick Engineering Inc. is hereby authorized to proceed with the work described herein. M. Title: 0 Date: N tJ W I Packet Pg. 123 1 9.C,e CLIENT MASTER AGREEMENT This Agreement is entered into on , between Patrick Engineering Inc. ("PATRICK"), an Illinois corporation, and Village of Buffalo Grove, 50 Raupp Blvd., Buffalo Grove, Illinois 60089 ("CLIENT") and consists of these terms. ARTICLE I: SCOPE OF SERVICES As requested from time to time by CLIENT, PATRICK shall provide engineering, geology, architecture, GIS, survey, Information Technology, Design Build, and/or related services to support CLIENT'S completion of specific projects. For each Project, PATRICK shall prepare and submit to CLIENT a Scope of Services (hereinafter called "Work" or "Services"), Fee, and Schedule. PATRICK shall then prepare a Client Work Order for execution by both CLIENT and PATRICK. The executed Work Order shall be governed by the terms of this AGREEMENT. CLIENT understands that PATRICK may, from time to time, utilize the services of subcontractors to perform all or some of the Work. The Work to be performed by PATRICK is set forth in each Client Work Order. CLIENT may request, in writing, changes to the Work. In the event PATRICK agrees in writing to such changes in the Work, the parties shall agree on an adjustment in the Contract Price and/or Q schedule, the changes shall be binding upon CLIENT, and CLIENT agrees to compensate PATRICK for all Work performed at CLIENT's request. Any Work performed by PATRICK at the o request of CLIENT shall be governed by the terms of this Agreement. N cu ARTICLE II: STANDARD OF CARE PATRICK shall perform the Work with the care and skill ordinarily exercised by members of PATRICK's profession practicing in the same locality under similar conditions or circumstances. CA PATRICK makes no other warranty, guarantee or representation, express or implied, in r` V- connection with this Agreement, the performance of the Work or in any report, opinion or other N document developed as part of the Work. it cu ARTICLE III: CONFIDENTIALITY c PATRICK shall maintain as confidential such information obtained from CLIENT or developed as can part of the Work as CLIENT expressly designates in writing as confidential. This obligation shall =� U not apply to information which is or comes into the public domain; information which PATRICK is required to disclose by any of PATRICK's insurers as it relates to a claim or incident that mayCL generate a possible claim; or information required by law or order of a court, administrative agency or other legal authority. Unless otherwise agreed in writing, PATRICK may use and publish CLIENT's name and a general description of the Work in describing PATRICK's E experience to other clients or potential clients. ARTICLE IV: SITE ACCESS, SUBSURFACE HAZARDS AND SITE DATA `Z CLIENT shall provide PATRICK with lawful access to the site(s) where the Work is to be performed. CLIENT shall defend PATRICK from any challenge to such right -of -entry and shall indemnify and hold harmless PATRICK from any claims of trespass which may arise. PATRICK will take reasonable measures to minimize damage to the site and disruption of operations thereon, however, CLIENT acknowledges that certain procedures may cause some damage to land or disruption (including, without limitation, soil borings), and that PATRICK shall not be liable for such damage or disruption, and the correction of which shall not be PATRICK's responsibility unless otherwise agreed to in writing by the parties. CLIENT shall supply PATRICK with information on the existence and location of underground utilities, structures and other hazards, including hazardous wastes or hazardous substances, at any site where the Work is to be performed. PATRICK shall be entitled to rely on the accuracy and completeness of information furnished by others (including location of underground utilities and data on subsurface conditions) and will not conduct independent evaluation thereof unless specified in the Scope of Services. PATRICK shall not be liable for damage to underground utilities or structures not disclosed in ... _.. .... .............�..................�... ......... Patrick Engineering g Inc. Partnerinto Build Beffer Infr_._astructu..�re ........062216R13 Page 1 of 6 Packet Pg. 124 Action Item : Authorization for the Village Manager to Enter into a Collective Bargaining Agreement with the International Association of Firefighters, Local 3177 ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval, subject to final review and approval of labor counsel for the Village and the Union. Based upon the Tentative Agreement ("TA") of both contract terms and language by the negotiation teams representing both the Village and the International Association of Firefighters, Local 3177, the attached Collective Bargaining Agreement ("CBA") is presented for review, comment and approval by the President and Board of Trustees. This CBA represents final agreement to issues raised by both the Village and Union for the duration of the CBA. The Agreement as proposed will have a term of 3 years (May 1, 2017 through April 30, 2020). It should be noted that Jill O'Brien, special labor counsel, has reviewed the proposed CBA and approves of its contents. The entire proposed agreement is attached for review. In sum, the Agreement before the Village Board is identical to the TA reached between management and union representatives via collective bargaining and was presented to and ratified by the union membership on September 25, 2017. ATTACHMENTS: • 2017 Summary of Changes CBA with IAFF 10 12 2017 (DOCX) • 3177 Contract 2017-2020 Final Draft - Village red line (PDF) • 3177 Contract 2017-2020 Final Draft - Village (PDF) Trustee Liaison Staff Contact Smith Monday, October 16, 2017 Arthur a Malinowski, Human Resources Updated: 10/12/2017 3:31 PM Page 1 Packet Pg. 125 11.A.a VILLAGE OF BUFFALO GROVE Kuffar➢kB nvie, H 60089 °8°8cl FAX u 8 7 4 59 7906 October 12, 2017 Agreement Between The Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, 1AFF Summary of Changes 1. Three Year Agreement: May 1, 2017 through April 30, 2020. 2. Section 4.6 — Return to Work after Illness/Injury: Language added to clarify that fitness for duty is both physical and mental. 3. Section 4.8 - Performance Evaluation Plan: Addition of language affirming parties' commitment to discuss the timeline of the annual performance evaluation process to better fit the timing of the membership's annual shift change schedule. 4. Section 6.1 — Salaries: (a) Wages for May 1, 2017 through April 30, 2018 reflect a 2.00% increase. (b) Clarification of the criteria used to determine annual base salaries to reflect existing practice. 5. Section 6.2 — Wage and Benefits Reopener: Affirmation that wages for the period of May 1, 2018 through April 30, 2019 and May 1, 2019 through April 30, 2020 will be negotiated separately via a wage reopener. 6. Section 6.3 — Overtime: Elimination of duplicative/contradictory language added to Section 6.4 7. Section 6.4 — Training Overtime: Language added to comply with current practice, as well as Department Standard Operating Procedure (SOP) as related to the rate of pay for training overtime. 8. Section 6.8 — Health, Dental and Vision Benefits: Significant modification of this section to include the employee benefits plan changes which become effective for all eligible Village employees on January 1, 2018. These changes include a three year flexible savings account incentive to employees. The incentive is eliminated after year 3. 9. Section 6.9 — Health, Dental and Vision Benefit Reopeners: Modified this section to include the addition of a comprehensive vision program effective January 1, 2018. 10. Section 7.2 — Holidays: Addition of the Martin Luther King, Jr. holiday — per contract any holiday given to Village employees the union membership receives as well. This holiday was agreed to in the last Police Union contract. 11. Section 7.3 — Kelly Days: Addition of language pro -rating the number of Kelly Days (work reduction days) that an employee earns during their first and last year of employment. 12. Section 7.6 — Accrual (of Sick Days): Clarification of current accrual practice as it relates to the maximum number of hours of sick leave that an employee may accrue. 13. Section 7.7 — Accrued Sick Leave: Codification of the previously agreed to procedure by which a retiring employees earned, but unused sick leave is accounted for. This reduces the Village's liability associated with the Retiree Health Savings Program. Page 1 of 2 Packet Pg. 126 11.A.a 14. Section 7.8 — Medical Certificate: Current language changed to clarify the type of health care provider that may provide a medical certificate and the type of certificate used. This reflects current practice. 15. Section 7.9 — Light Duty: Current language changed to clarify the type of health care provider that may provide consultation on light duty requests and the type of certificate used. This reflects current practice. 16. Section 7.10 — Vacation: Clarification of vacation leave accrual schedule. 17. Section 7.13 — Selection of Scheduled Days Off. current practice included through existing SOP. 18. Section 12.10 — Promotions — Battalion Chief. Policy and procedure added to document to reflect current procedures. 19. Entire Document — Amended certain language throughout previous Agreement to more accurately reflect current policies, practices, terminology, etc. Page 2 of 2 Packet Pg. 127 11.A.b AN AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION LOCAL 3177, IAFF, AFL-CIO, CLC MAY 1, 201744 THROUGH APRIL 30, 20204-; Packet Pg. 128 11.A.b a� c a� L Formatted: TOC Heading m V G1 L d C W O L d C M C a) WE t C �N 'i O L 7 El M O N Packet Pg. 129 11.A.b Table of Contents AGREEMENT ........................................ ARTICLE I ............................................. Section 1.1 Recognition ...................... Section 1.2 Fair Representation.......... Section 1.3 Non -Discrimination......... Section 1.4 Gender .................................... ARTICLE II .................................................. Section 2.1 Use of Bulletin Board............ .................................................................. 7 .................................................................. 7 .................................................................. 7 .................................................................. 7 .................................................................. 8 .................................................................. 8 .................................................................. 8 .................................................................. 8 ARTICLEIII....................................................................................................................... 8 Section 3.1 Management Rights..................................................................................... 8 Section 3.2 Contracting Out............................................................................................ 9 Section 3.3 Precedence of Agreement............................................................................ 9 ARTICLEIV.................................................................................................................... 10 Section 4.1 Safety Committee....................................................................................... 10 Section 4.2 Standard Operating Procedures/Guidelines Task Force Committee......... 10 Section 4.3 Labor -Management Committee................................................................. 10 Section 4.4 Promulgation of New or Revised Rules ..................................................... 11 Section 4.5 Wellness/Fitness Program.......................................................................... 11 Section 4.6 Return to Work After Illness/Injury........................................................... 12 Section 4.7 Drug and Alcohol Testing Policy.............................................................. 13 Section 4.8 Performance Evaluation Plan..................................................................... 16 Section 4.9 Secondary Employment............................................................................. 17 ARTICLEV...................................................................................................................... 17 Section 5.1 No Smoking. .... .... ....................... .... __ ...... .......... 17 Section5.2 Residency................................................................................................... 17 ARTICLEVI .................................................................................................................... 17 Section6.1 Salaries....................................................................................................... 17 Section 6.2 Wage and Benefit Reopener...................................................................... 22 Section6.3 Overtime.................................................................................................... 22 Section 6.4 Training Overtime...................................................................................... 23 Section6.5 Longevity................................................................................................... 23 Section 6.6 Temporary Assignment to Higher Level Position ..................................... 24 Section6.7 Call Backs.................................................................................................. 24 3 Packet Pg. 130 11.A.b Section 6.8 Health/Dental/Vision Benefits................................................................... 24 Section 6.9 Health/-a+4-Dental/Vision Benefits Reolsener........................................... 26 Section 6.10 Special Duty Pay...................................................................................... 27 Section 6.11 Attendance at Grievance Meetings.......................................................... 27 ARTICLEVII................................................................................................................... 27 Section7.1 Definitions.................................................................................................. 27 Section7.2 Holidays..................................................................................................... 27 Section7.3 Kelly Days................................................................................................. 28 Section7.4 Sick Leave.................................................................................................. 28 Section7.5 When Taken............................................................................................... 29 Section7.6 Accrual....................................................................................................... 30 Section 7.7 Accrued Sick Leave................................................................................... 30 Section 7.8 Medical Certificate..................................................................................... 32 Section7.9 Light Duty.................................................................................................. 32 Section7.10 Vacation................................................................................................... 33 Section 7.11 Hours and Duration.................................................................................. 33 Section 7.12 Compensatory Time................................................................................. 34 Section 7.13 Selection of Scheduled Days Off............................................................. 34 ARTICLEVIII.................................................................................................................. 34 Section 8.1 Grievance-Definition................................................................................. 34 Section8.2 Procedure................................................................................................... 34 Section8.3 Arbitration.................................................................................................. 36 Section 8.4 Limitations On Authority of Arbitrator..................................................... 37 Section 8.5 Time Limit for Filing................................................................................. 38 Section 8.6 Miscellaneous............................................................................................ 38 ARTICLEIX.................................................................................................................... 38 Section9.1 No Strike.................................................................................................... 38 Section9.2 No Lockout................................................................................................ 39 ARTICLEX...................................................................................................................... 39 Section 10.1 Discipline and Discharge Investigations.................................................. 39 Section 10.2 Performance Improvement Plan.............................................................. 43 ARTICLEXI.................................................................................................................... 43 Section 11.1 Dues Checkoff......................................................................................... 43 Section11.2 Fair Share................................................................................................. 44 4 Packet Pg. 131 11.A.b ARTICLEXII................................................................................................................... 44 Section 12.1 Definition of Seniority............................................................................. 44 Section 12.2 Probationary Period................................................................................. 45 Section 12.3 Seniority List............................................................................................ 45 Section12.4 Layoff ...................................................................................................... 45 Section12.5 Recall....................................................................................................... 45 Section 12.6 Termination of Seniority.......................................................................... 46 Section 12.7 Effects of Layoff...................................................................................... 46 Section 12.8 Interruption of Seniority.......................................................................... 47 Section 12.9 Promotions -Fire Lieutenant..................................................................... 47 Section 12.10 Promotions -Battalion Chief................................................................... 49 ARTICLEXIII.................................................................................................................. 52 Section 13.1 Entire Agreement..................................................................................... 52 ARTICLEX1V.................................................................................................................. 53 Section 14.1 Savings Clause......................................................................................... 53 ARTICLEXV................................................................................................................... 54 Section 15.1 Duration of Agreement............................................................................ 54 APPENDIX A— DRUG/ALCOHOL TESTING.............................................................. 56 APPENDIX B — COMPARABLE COMMUNITIES........................................................B 5 Packet Pg. 132 11.A.b Packet Pg. 133 11.A.b AGREEMENT This Agreement is made and entered into by and between the Village of Buffalo Grove, Illinois (hereinafter referred to as the "Village"), and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, of the International Association of Fire Fighters, AFL-CIO, CLC, (hereinafter referred to as the "Union"). It is the intent and purpose of this Agreement to set forth the parties' entire Agreement with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of employment that will be in effect during the term of this Agreement for employees covered by this Agreement; to prevent interruptions of work and interference with the operations of the Village; to encourage and improve efficiency and productivity; and to provide procedures for the prompt and peaceful adjustment of grievances, as provided herein. The Union agrees that its membership is committed to excellence in carrying out the duties and mission of the fire department and the Union executive board agrees it has a duty to address substandard performance among its members. Now, therefore, the parties agree as follows: ARTICLE I gun,^:lmremm Inwl 1^oguiiiiiom. The Village recognizes the Union as the sole and exclusive bargaining representative for all full time Firefighter/Paramedics and Lieutenants employed by the Village of Buffalo in the classifications or ranks of Firefighter/Paramedics and Lieutenants, but excluding Deputy Fire Chiefs, Battalion Chiefs, managerial, all part time or temporary employees, all civilian employees, and all other employees of the Department and the Village. Sectioiii 1..2 Illb'air 1IIEL ,Ill�ui° ° �ai��r aiu«��um. The Union recognizes its responsibility as bargaining agent, and agrees fairly to represent all employees in the bargaining unit, whether or not they are members of the Union. The Union further agrees to indemnify and hold harmless the Village and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability, (monetary or otherwise). In addition, the Union shall be responsible for paying all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation, although indemnification shall not be extended due to errors that are solely the fault of the Village. 7 Packet Pg. 134 11.A.b Svc ikl iii 711.3 No iiiir..11111�ii t ui m r�iiuirm W ui�,m�ir „ In accordance with applicable law, neither the Village nor the Union shall discriminate against any employee covered by this Agreement because of race, sex, age, religion, creed, color, national origin, sexual orientation, Union membership or non- membership or political affiliation. Any formal dispute concerning the interpretation and application of this paragraph shall be processed through the appropriate federal or state agency or court rather than through the grievance procedure set forth in this Agreement. Sm^ctioiii 11..4 Geii,idei% In this Agreement the words "he", "his", and "him", shall connote both masculine and feminine genders. AIUI"1CLE It Sec iooiii 2,1] [Jse of 11Rtiillllefliiii IIIIoaii d. The Village will allow the Union to place a bulletin board in the bunk rooms of each fire station for the posting of official Union notices of a non -partisan, non - derogatory nature. The Union will limit the posting of Union notices to such bulletin boards. ARIF>QCllL,E 111IL Sectmouii 1 1111. aill:igeuiiui4,uiit>ltil!Ilhls. Except as specifically limited by the express provisions of this Agreement, the Village retains all traditional rights to manage and direct the affairs of the Village in all of its various aspects, and to manage and direct its employees to make and implement decisions with respect to the operation and the management of its operations, in all respects, including all rights and authority possessed or exercised by the Village prior to the execution of this Agreement. These rights and authority include, but are not limited to, the following: to plan, direct, control and determine all the operations and services of the Village; to determine the Village's budget and budgetary priorities; to levy taxes; to supervise and direct the working forces; to establish the qualifications for employment, and to employ personnel; to schedule and assign work; to establish work and productivity 8 Packet Pg. 135 11.A.b standards and, from time to time, to change these standards; to assign overtime; to determine the methods, means, organization and number of personnel by which operations are conducted; to determine whether the services to be provided by employees covered by this Agreement, or by other employees, or non -employees not covered by this Agreement; to determine whether services may be contracted or sub -contracted out; to make, alter and enforce reasonable rules, regulations, orders and policies (provided that only rules, regulations, orders and policies that are mandatory subjects of bargaining shall be subject to the grievance and arbitration procedure); to enforce and alter those provisions covered under the Village of Buffalo Grove Personnel Rules, G r Inara:,r—l'»`,c—frr�-v-issacPix-J--c`v`varE--t�ic`.rc-i=-ric-®rr:➢�„ , b' r.,, f�F�.l, t"°-w ®„ �1--rr iic:s; -t0 enforce and alter the Buffalo Grove Fire Department Standard Operating Procedures Manual and Fire Department Rules and Regulations; to evaluate employees; to discipline, suspend, and discharge employees for just cause in accordance with the Fire Department rules and policies, the Board of Fire and Police Commission rules and regulations, and the Illinois Board of Fire and Police Commissioners Act; to change or eliminate existing methods, equipment or facilities; and to carry out the mission of the Village; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed, written provisions of this Agreement. Sectioiii g�„"g C',o ilra ding 00,, No employee shall be laid off as a result of any decision by the Village to c subcontract any work performed by employees covered by this Agreement. if subcontracting is a factor in the decision not to hire additional Village employees as a) firefighter/paramedics, the Village will give the Union at least ninety (90) days advance c = notice of the effective date of the decision. The Village will discuss the issue with the d Union. d Additionally, current staffing levels of employees covered by this Agreement will not be subject to subcontracting decisions by the Village. Only additional staffing needs above the current staffing levels may be considered by the Village and Department from time to time will be subject to subcontracting. 0 �Slectioii 13 IlllIir .c dcnc° aat" guiraiiruim a;nt: c ii If there is a conflict between a specific provision of this Agreement and a specific 0 c provision of a Village ordinance or a written rule, regulation, directive, policy, or procedure which may be in effect from time to time, the specific provision(s) of this c Agreement for its duration, shall take precedence. Formatted: Left C O Formatted: Normal, Space Before: 0 U ie spacing: single —1 M 9 C d 1= L V r� r� a Packet Pg. 136 11.A.b Sectioiiie 4.1. SafelY t wiviiiimiiiuMee. The Village and the Union recognize the importance of maintaining a Fire Department Safety Committee to address safety issues within the department and to promote the safety, welfare and physical wellbeing of all Fire Department personnel. The Safety Committee shall be comprised of five (5) members, at least three (3) of which will be Firefighter/Paramedics, one (1) Lieutenant, and one (1) Battalion Chief (Safety Officer). The Fire Department Safety Officer shall serve as Chairman. At least one member shall be appointed by the Union. dectioiiim 4,,2 Standard Oper afing]Illruiicediiiauu°es/Gtii udel puiiies 1 a s Il ]Ifpem cc Cotrinittee. Effective with this Agreement, The Fire Chief may establish an SOP Task Force. The purpose of this Task Force will be to complete the review of the current SOP manual and divide it into "Standard Operating Procedures" (SOP's) and "Standard Operating Guidelines" (SOG's). The SOP Task Force also has the responsibility to make any recommendations to the Fire Chief for changes in the SOP or SOG manuals as necessary but is only in the form of recommendations and may or may not be accepted by the Fire Chief. Once this is complete, the task force will remain idle until such time the Fire Chief deems it necessary to activate them for the purpose of a particular SOP review. At no time will the SOP Task Force be charged with the review or consideration of SOP's that involve mandatory subjects of bargaining. Those items will be addressed through the Labor Management Committee as established in Section 4.3 of this Agreement, or through the normal negotiation process at the end of this or any Agreement. See'tmouim 4,3 IIII,aboiu~...1yt rwuiie e liimleucit Co lluili ili�0 f ee�"" The Village and Union recognize the need to communicate on a regular basis throughout the term of this Agreement. In order to facilitate an open and candid exchange of information, a Labor -Management Committee will be the forum for these communications. The purpose of the Committee is to establish a regular pattern of meetings to discuss issues of mutual concern. 10 Packet Pg. 137 11.A.b The Labor -Management Committee may be comprised of the following: For the Village -- Fire Chief, Deputy Chiefs, Battalion Chiefs, Village Manager, Director of Human Resources, and Director of Finance. For the Union -- Union President, Vice -President, Secretary, three (3) Shift Stewards and Lieutenant representative. The Committee shall meet at least four (4) times in a calendar year unless the parties mutually agree to meet more or less. If any Labor -Management Committee meeting is scheduled during work hours of an employee, such employee(s) shall be released from duty to attend such meeting without loss of pay. The Labor -Management Committee process shall include a-feiifly �- ha —'the opportunity for tlae [.tniorz President, Fire Chief or Village Manager to schedule a meeting, the purpose of which will be to discuss issues affecting members of the bargaining unit with members of Village and Department senior staff. This meeting is to be facilitated by the Village Manager and Director of Human Resources. Seclmswiiic 4A of New oll" Illlevisedll 1,4110es. The Fire Department agrees to notify the Union in advance of promulgating or implementing any new or revised rules and regulations or Board of Police and Fire Commissioners rules and regulations which constitute mandatory subjects of bargaining within the meaning of the Illinois Public Relations Act. Such notice shall be afforded sufficiently in advance of the purpose and effective date of the proposed change to allow the Union a fair opportunity to review and offer effective input as to the proposed change. Section 4,5 i'ellness/1714iiess Puroiauira�r,i, The Village and Union agree that both parties will support a proactive mandatory wellness/physical fitness program. Both parties agree that the program is to improve the quality of life of all personnel. The Union agrees that it must work to ensure that each member has the opportunity to attain and maintain a healthy body and mind so each member can perform their work duties. This program is based not only on physical fitness and wellness, but is a supplement to competency within firefighting drill standards and the ability for firefighters to carry out their duties. The wellness/fitness program shall be a positive program and not punitive in any way, no employee will be disciplined for failure to meet each and every goal that may be established as long as the employee makes a good faith effort to meet any such goals, and any failure to physically perform does not demonstrate a substantial risk exists that the employee cannot perform the essential duties of his/her job at an acceptable level. 11 Packet Pg. 138 11.A.b Both parties agree to use the IAFF/IAFC Fire Service Joint Labor Management Wellness -Fitness Initiative, Second Edition in its entirety, with the exception of the yearly physicals and reserve the right to review and adopt, subject to mutual agreement, new versions as published in part or in total. The current department's physical schedule will be used. The program will be administered by the physical fitness committee. The Wellness -Fitness Initiative will be fully implemented within eighteen months of the contract ratification and will be mutually agreed upon by the Village and the Union. Employees who are not able to meet the standards within the Wellness -Fitness Initiative will be counseled and will seek the assistance from a physical fitness committee peer fitness trainer who will provide specific guidelines for rehabilitation and remedial support for meeting those standards. An employee's participation in the mandatory wellness/physical fitness program shall occur during the employee's tour of duty or during the two (2) hours immediately prior to or after their shift. Employees may choose to participate in the physical fitness program up to two hours before or two hours after their shift and will be covered by workman's compensation. All personnel shall participate in a mandatory, annual, non -punitive fitness assessment, as a part of this data gathering process, to assess their individual fitness capacity. Sectioiii4,6 ly^h�uuni ki ' olud; r i°iei Illl rt^�� �� /Illmmwjm�r�u�y. All employees returning to work after injury or illness situations, whether they are duty or non -duty related, may be required to have a release from the employee's physie-iaxdoctor. The Village will provide information on fitness standards to the employee, who will then provide this information and documentation to the employee's physi,.4axdoctor or physical therapist to aid in any injury recovery efforts. The department may require the employee to obtain a release from a sieia-Hdoctor- selected and fully compensated by the Village prior to returning to work. The physiei doctor will review the employee's overall health as it relates to the job description, duties and any other job related criteria which are considered to be the essential functions of the job in order to determine whether an individual is physically and mentally able to perform essential job duties without undue risk or harm to themselves or others. The physieiEiidoctor may use the data collected from the individual's fitness history as a measure in making this determination. In addition, and based on BGFD , , 4ff4t4SQP 101.36, employees may be required to perform;sz ie-essential job fell 444--functions specifically related to the injury prior to returning to full duty as prescribed by the physieiaiidoctor. 12 Packet Pg. 139 11.A.b If the employee is not cleared to return to work by the Village's physiei-andoctor, a third pl+y4eia-ndoctor will be selected by the Village's and employee's physieimdoctor(s) in an expeditious manner with the assistance of the Village's Human Resource Director. The employee will then be sent to the third physi6iftodoctor. The third physieiandoctor will then determine if the employee is cleared to return to work. The cost of the third physieimdoctor will be equally divided by the Village and the employee. An employee not cleared to return to work may apply for sick leave or any other leave of absence as provided by this Agreement and/or for disability pension to the extent provided by State statutes. Employees who are off work for a non-OJI and are required to see the Village's physieiaxdoctor prior to returning to work will be compensated at the rate of two (2) hours of straight pay in lieu of two (2) hours of sick pay -:and will re( ire verification by the doctor's office.. Under no circumstances shall overtime, premium, or additional straight pay be paid in this situation. A-,4iar-1€ s Employees who are perceived to be physically and/or mentally unfit for duty shall be evaluated by an appropriate medical/mental health doctordoctor(s) of the Village's choosing. If a medical/mental health d(oi.Fl-.ol Eby-sic-i-andoctorr-ie4ieid-f.,r-ems determines an employee is physically and/or mentally unfit, the Village retains the right to remove them from active duty. In the event that a medical/mental health aiidoctordoctoffiedie&l-} rl s� of the Village's choosing determines that an employee is physically and/or mentally unfit for duty, the employee may request a second opinion. The second opinion will be paid for by the employee and chosen by the employee and must be a medical/mental health doctor�>�doctor fee-specializin�4 in the field related to the unfit detennination and must be part of the Village's p145,sieia*doctor health insurance network. If the first and second opinion conflict a third inedical/mental health eiaxdoctord�oaal; n-4&e may be selected as in the standard above for injuries or illness and the opinion of the third medical/mental healthdoctorddn M:dtum physieiEiidoctor-shall prevail. The expenses incurred for the third medical/mental health e4ftxdoctordi'�octar pkysiei doctor -will be equally split between the employee and the Village. The Village retains the right to remove from active duty any employee who has been determined to be unfit for duty by a medical/mental health e4xdoctord�octo'riiierr via a fitness for duty evaluation. Following all procedures contained in the Standard Operating Procedures of the department. Si°cfioiun y,„g Ill tui twig aind Akll 11(0li(0l i'C S0111mg III111olicy��� 13 Packet Pg. 140 11.A.b Employees are a most valued part of the Village of Buffalo Grove Fire Department (the "employer"). Their health and safety are serious employer concerns. Drug use and alcohol misuse may pose a serious threat to employee health and safety. It is, therefore, the policy of the employer to prevent substance use or abuse from having an adverse effect on our employees. Both the employer and employees maintain that the work environment is safer and more productive without the presence of illicit or inappropriate drugs or alcohol (herein referred to as "prohibited substances") in the body or on fire department property. Furthermore, all employees have a right to work in a drug -free environment and to work with individuals free from the effects of prohibited substances. Employees who use or abuse prohibited substances are a danger to themselves, their co-workers, our customers, the public and the employer's assets. The adverse impact of substance abuse at work has been recognized by the federal government and many states. The employer may utilize the regulations issued by the federal government as its standard and is committed to maintaining a drug -free workplace. Where applicable, state laws which differ will supersede this general policy and will be followed for employees in this state. All employees are advised that remaining drug -free are conditions of continued employment or service with the employer. Specifically, it is the policy of the employer that the use, sale, purchase, transfer, possession or presence in one's system of any prohibited substance (except medications prescribed by a licensed sieiandoctor), including alcohol (unless otherwise permitted by Fire Department rules), by any employee while on fire department premises, while engaged in fire department business, while operating fire department equipment and vehicles (including leased vehicles) is strictly prohibited. The employer will notify and cooperate with law enforcement agencies in the investigation of any employee suspected of possession of or trafficking in illicit or inappropriate drugs. All employees will be subject to testing where circumstances establish that reasonable suspicion of prohibited substance use exists, or following on-the-job moving vehicle accidents resulting in a death(s), or injuries that require medical treatment away from the scene of the accident, or following an on duty injury where the incident may be reported to any state or federal governmental body, (i.e., IDOL, OSHA, etc., not OSFM), or as a follow-up to prior prohibited conduct. Employees returning to duty following a violation of this policy will be subject to testing and must submit to follow-up tests for as long as five (5) years. Any employee who tests positive may be subject to discipline. Any employee who refuses to comply with a proper request to submit to testing or who fails to cooperate in the test process will be subject to the same discipline as a positive drug/alcohol test result. These procedures are designed not only to detect violations of this policy, but also to ensure fairness to each employee. Every effort will be made to 14 Packet Pg. 141 11.A.b maintain the dignity of employees involved. Disciplinary action will, however, be taken as necessary. Neither this policy nor any of its terms are intended to create a contract of employment, or to alter the existing employment or contractual relationship in any way. Program Summary: A. Employer Contact. All questions or concerns should be directed to the Fire Chief at (847) 537-0995 or your immediate supervisor. B. When Compliance is Required. All those subject to this policy are expected to refrain from prohibited conduct prior to performing assigned tasks, while performing such tasks and in post -accident cases for eight hours after the accident or until tested. C. Prohibited Conduct. The following conduct is prohibited: 1. Controlled substance use at any time, except as prescribed by a ph�,sieimdoctor; 2. Having a blood alcohol concentration (BAC) breath test result that equals or exceeds 0.04%; 3. Consuming alcohol within four (4) hours prior to reporting for a duty; 4. Consuming alcohol on the job; 5. Consuming alcohol within the eight (8) hours following an accident or until tested; 6. Behavior or ability to perform due to the use of prohibited substances; 7. Refusing to test; 8. Failure to cooperate in the testing process; 9. Possession of alcohol on Employer premises, except in personal vehicles or as permitted by Department. D. Test Events. Employees may be tested based on four (4) circumstances: 1. Where circumstances establish that reasonable suspicion of prohibited use exists; or 2. Following on-the-job moving vehicle accidents resulting in a death(s), or injuries that require medical treatment away from the scene of the vehicle accident, or; 3. Following an on duty injury where the incident may be reported to any state or federal governmental body (i.e. IDOL, OSHA, etc., not OSFM), or: 4. As a follow-up to prohibited conduct. E. Test Procedures. Drug and alcohol testing procedures will be implemented in accordance with the Federal Department of Transportation procedure Title 49 CFR Part 40 et al (Updated May 4, 2012), with the following exclusions: 15 Packet Pg. 142 11.A.b 1. Random drug testing of employees will not be conducted, and 2. Forms used to document the testing process will be determined by the agency/laboratory conducting the test. F. Condition of Employment. Submitting to testing as required by this policy is a condition of employment and continued employment with the Employer. G. Refusal. Any Employee who refuses to submit to a request to test will be subject to discipline. Refusal includes failure to timely report to a designated testing site (collection site) and the failure to execute all required test documents. H. Consequences of Violation. Any Employee who is found to have violated this policy will be subject to the disciplinary procedure as described in the discipline/appeal of test results section of this policy. Seeking Assistance for a Prohibited Substance. Any employee who is presently experiencing difficulty with prohibited substances is encouraged to seek assistance through the Employee Assistance Program (EAP). If such assistance is sought prior to being requested to submit to a test, no disciplinary action relating to alcoholism or drug addiction will be taken. Forms used by the Village when testing is required are located in Appendix A. Sm,.d k�111m 4L8 Illl mom°ltuuu°mt amt at° ]If Naluifl mmm III''lmtaui, The Village and Union recognize that the Performance Evaluation Plan is a vehicle intended to measure and evaluate on-the-job performance. �ti-erg-~n-�-�!-��'�,t--5-; tbtrle;�. �➢ ,: t➢-, tL., .mF ��.e ;,Y. T.e I. F., . L. 'r t.., i'i w ,t L. v „➢,,.cctro2'a—�$""°. t;., tt.a 1� the3r�'r.m nip rz9 7rTr r a.The 9 employees "short" 6 month evaluation is for first half of current year and completed by employees current supervisor and discussed with the employee in July/August of the current year. The employee shall receive a final copy evaluation no more than forty-five (45) days after the date on which they receive their evaluation. Both parties agree to discuss the timeline of evaluations during a future Labor Management Meeting, If an employee has a disagreement with his/her evaluation, the first step of review will be at the level of the employee's immediate supervisor. If the immediate supervisor cannot resolve the disagreement, the next step will be to have the employee's Battalion Chief review the evaluation. If at the step the employee's disagreement is not resolved the employee may then appeal to the Fire Chief in conjunction with the Director of Human Resources. If the employee's disagreement is not resolved at this level, the employee may then meet with the Village Manager as a final step of appeal. The 16 Packet Pg. 143 11.A.b findings of the Village Manager will be deemed the final resolution and his findings may not be grieved. All final resolutions, no matter at what level, will be in writing. For the first and second step of this process the time frame allotment will be fifteen (15) days for the appropriate level or response. For the remaining steps the time frame will be twenty (20) days for the appropriate response. Days are counted as business days, Monday — Friday. All goals and objectives given by a supervisor will be realistic, attainable and discussed with the employee. Goals that are mandated by the department will be supported or funded by the department. Performance evaluations will also be conducted pursuant to BGFD SOP ' Formatted: Stnkethm-gh Performance Evaluation, as created and in effect August 1, 2014. Sectioia 4,,,9 5ecooiitdaui° cuii(. lt, Employees and the Department shall follow the BGFD SOP 7 101.21 Hours and Duration, revised 0 1/0 1/2017-2, as in practice on May 01. 20174. AR'1"1CI.X V Seefloiii 5,1 No Siiiriigmlkiiim,g. Employees covered under this Agreement shall restrict their smoking to the designated smoking areas, in accordance with state law. Sedioiiim 5.2, III1e suklriiruity. There will be no residency requirements for employees covered under this Agreement. e;Aioiiim 6,,1ll. The Village agrees to place the maximum base pay for Lieutenant/Paramedic and Firefighter/Paramedic at the nearest step one-half percent (1/2%) above the third (3`d) highest agreed upon comparable community, prior to the Village position being included. 17 Packet Pg. 144 11.A.b For purposes of detennining the salaries of job titles within the bargaining unit, for the duration of this Agreement longevity pay at 15 gears and stipends shall be added to the "base" salaries of all comparables, as well as those of the Village. Only the following stipends will be applied in the formula: 1. Firefighter/Paramedic: Firefighter TTT or Advanced Firefighter, Fire Apparatus Engineer, Shift Reduction and Paramedic 2. Lieutenant: Paramedic, Shift Reduction and Fire Officer T collectively, these comt�onents shall determine the tease salary for each comparable community. For the purpose of determining the general wage increase of comparable communities who have not yet resolved their annual wages by the date of the Buffalo Grove wage reopener, the average of the actual general wage increase and above referenced stipends granted by comparable communities shall be calculated and applied for that time frame. nmlllvinrx IlhnTmlTIlli IN/Ia1x 11 f ml ll� jN,j ll_ll 04Mn tav4___,['uv ny ll ����p V_"_Im ___ __ll_ura_nu6n/ll'in_nnan <8nu_.D�D°%ulnnu°ua �_ ----- The nninhnau_urn_�aw!nd ginlraunaa_n ,1Gdtuy_��u_ Sj4 p5 5_/_p�_a flc qutueat ��_auv_tlVtt,_,y uIlOgS a�d'_Iluu�daa8av_tancsv�_> 2, 1111 Maximum s a4an_nv,_ex(Juusive_aad;,aiv_n_ 9auunx unavv!_a �gffl �ua_�u4_` ttl ,p'_�5 , 13. 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Tl� HIM(4-41ft"i �-ried ie ---- P,44'eel-iw Afi2t-± (43 8na�auap;° dual -------________ ---________ --_________ --- ----_______ --________ ---- ___ -------------- 66-) ------------------------------------------------------- -------------------------------------- ------------------------ -------------------- �ul of 13, t pa-1(A 20 I Packet Pg. 147 1 11.A.b . -11if e-.1-A eii- en al A on+-llar- TKA-ie, ,1 r4-1-1 e) and=yin-nl1-0=nn-8a-n-�-i�n-a��+�='-�-1��-aniMns������n➢--�-1an�n��o-��n-�.nm4-o-a�a�-a�n���--1�a��-1="-lann�; a-an=-��-��;(m-14�4�=; alp MPa lei / Ilar-aiiwdne____ l- ,10-1-4 1&nnn Fnnq.ln. nx _________ _________ _________ _________ _________ _________=y=1;11.9:21 y 1 1° y sh-u=1;-0 a -non Ga �a° w'a;u an6=angnnA, _______ __________ '� a14,a;annnn�a�a nanrc �a1=rra��na�,n;____ ________ t �Fz�Ca:R E��n rr;n 4:_______ _________ "r; +21: 3.2194,16 bep_',"- 41) a��a 1�irn� n nla �a anp@�n p rnku._____ ________ Ray- if A e--fif, Gnlh1�, a r� 1130 4a,-y efty--cA=-e,iil ntoy- a Mi_ ________ ________ X44,) ray na1� w°aarn�al y a;� c8 ally rA:_ ________ _________1 :y as y1fl�1G n�._______ ________ _________94-,234,441 1 1 y4ylre� ym� ci glw 1llyayl ui. la nay " rally 21-_d-14 �y- _____ ________ ________ _________ RANJq, I `t) 1, , � a u8 Fb inn lm0 a n a rn ynn-neM _______ ________ y of.rc,fRf)4oy+-nen4--____ ________ _.�40,873— 9-,68- (S blyVA00 1 1 ya_11� a Nrnyn_1_ yl�y_� no- llo- a la----1 _a i2� M Q-:L 4, �);_____ ________ ________ ___________S_94,6-�60-(,F,4arp-:-3.4-/) 1",�,1� u= 1 a;n�n1n44n da a nu an6 a1wVnn Ong, _______ ________ 11&, na�sa�1 a-�mnl�l�na=1=a�14�,p .____ __________ 1;r 1 vyG (llya 2� 21 Packet Pg. 148 11.A.b Section 6.2 Wa' ,,We and Illlenc th IIIRt ,IIolll)uneir Unless explicitly provided elsewhere in this Agreement, no other changes modifications shall be made to this Agreement except that each party has the option to reopen the Agreement as follows: A. In the month of March of the t-4 d--second year of this Agreement (2018d), either party may reopen Article VI, Section 6.1 — Salaries and each party may also discuss one additional issue to negotiate. B. In the month of March of the RRifs third year of this Agreement (20126) either party may reopen Article VI, Section 6.1 — Salaries and Section 6.8 — Health Benefits and each party may discuss one additional issue to negotiate. C. The parties agree that nothing herein prohibits the opening of negotiations in 20204-4 for a successor Agreement prior to the expiration of this Agreement on April 30, 20204-7. Seefloin 63 3tveirtihine. A. Overtime hours shall be non-scheduled hours worked in excess of the work week when worked at the specific direction or with the approval of the immediate supervisor and shall be paid at one and one-half times the employee's regular straight time hourly rate of pay. An employee's regular straight time hourly rate of pay for overtime pay purposes shall be computed as follows: tic-; e 499 the employee's annual salary shall be divided by 110.6 to determine the rate of pay for one twenty-four (24) hour shift which in turn, shall be divided by twenty-four (24) to determine the employee's regular straight time hourly rate of pay- B. Overtime shall start seven (7) minutes past the normal shift when an employee is held over because of a call or when another employee reports late for work. hi cases when an employee is held over because of a call after 0822 hours, employees will be paid one hour minimum overtime for the first hour. In all other instances, overtime will be paid in quarter hour increments based on the seven (7) minute windows. Example: Ox08 hours until Ox22 hours = .25 overtime Ox23 hours until Ox37 hours = .50 hours overtime Ox38 hours until Ox52 hours = .75 hours overtime Ox53 hours until. Ox07 hours — 1 hour overtime. C. Forcebacks for Thanksgiving and Christmas Day shall be paid at two times the employee's regular straight -time hourly rate of pay. D. Employees shall be paid one and one-half the employee's regular straight time hourly rate of pay for regularly scheduled hours of work which are actually 22 Packet Pg. 149 11.A.b worked in excess of two hundred twelve (212) hours in the employee's normal 28 day work cycle (or in excess of the applicable hours ceiling under the Fair Labor Standards Act should the Village designate different FLSA employee work cycles in accordance with the Fair Labor Standards Act.) .owx°"°eix"^ric--=siiia?r—hv-- ressce--f-EM!=— r]u t ffy---iffi•-§ e4ti{a +�b �4-- .=ii$i -i , 'fe FE. Overtime shall also be paid for clinical time required to maintain EMT-P aH4 EMT-B-status. ,welioiii 6„4, l 114~ iiiiiiu g Oveiu`luiiune. Employees shall be paid at one and one-half times the employee's regular straight time hourly rate of pay for attending department sponsored school training in compliance with BGFD SOP 700.01 and in the same manner outlined in Section 6.3 Overtime.- F-epr Personnel will be paid time -and -one-half for taking required OSFM exams under the following conditions: 1. Personnel must sign up for the exam within thirty (30) days of the completion of the course, provided the State exam is not given as part of the class; 2. Personnel must take the exam within ninety (90) days of the completion of the course; 3. Personnel will be paid for the maximum amount of time allotted by the State for completion of the exam, regardless of the actual time it takes the employee to complete the exam; 4. Payment will only be provided upon proof of passing the exam; 5. Payment will also only be provided for taking the exam once, regardless of the amount of times required to successfully pass; 6. If personnel do not meet the above listed parameters, no pay will be given for the exam. Secfioiun 6,,3 III I,oiirigvvRyl m Employees shall be eligible for longevity pay beginning with the fifth anniversary of their original employment date. Longevity awards will be presented on the 23 Packet Pg. 150 11.A.b employee's anniversary date according to the following schedule and are subject to deductions: Years of Service Award 5 through 9 $400 10 through 14 $600 15 through 19 $800 20 or more $1,000 S'ec. oiii 6,61'eiinpoirairy A,ssiilmmiu�nciiruiiif Wiim lli h � L,esrd^ Oloshiimi. When an employee, at the direction of the Village, is assigned to perform the duties of the position of Acting Lieutenant or Acting Shift Commander that employee will be compensated at a rate equal to the pay scale of the top pay of their current rank plus 5%. In situations where Firefighter/Paramedics are assigned to fill in for a Lieutenant who is performing other duties in the Village, they will be paid Acting Lieutenant pay after a minimum of three (3) consecutive hours worked in the capacity of Acting Lieutenant in any twenty-four (24) hour period. This Section shall not apply to callbacks or Special Duty assignments. Sactioiin 6.7 Call IIIfIaalllss. d All General call backs shall be paid at time and one half and for a minimum of one (1) hour. L 14^11ioiii 6.8 Illllealith, Dental and Vision 111 eiiiietits. ca The Village shall grant employees covered by this Agreement, except as- Formatted: Indent: First line: 0.5" specifically and expressly limited by this Agreement, all benefits and provisions including but not limited to the following: life, health,_-4f4-dental and vision insurance, p` vacation leave, special leave and uniform provisions as granted under the Buffalo Grove �a c Personnel Rules as set forth on June 1, 1984; and changed thereafter. ii O N O N O N r� BENEFITS: L O U M 24 c d E t �a a Packet Pg. 151 11.A.b a� c a� L m Employees covered under the Agreement shall receive the same health dental and vision 4e&4h-&d-4e benefits granted to the Village's non -union employees, including, but 2 not limited to plan design and premium contribution. �j �a 1. —All -employees who elect Health Insurance coverage will pay a premium 0 contribution equal to a-�tefiftecn percent (15%) of the premium for that class of coverage„ w 0 srtis x—rhos �;-----------�--.r---�-„� 4- } Formatted y �1 4. 2n4 4-7 20� cC &:----------z��� , CR 2. There will not be any financial contribution for participation in the dental or vision component of the health insurance program. > 3. The Village may make reasonable changes to the structure of the plans 0 without the approval of the bargaining unit. Including, but not limited to c the replacement of the HMO with an EPO or PPO. N 0 z All employee premium contributions will automatically be taken out of an employee's Q check on a pre-tax basis via Section 125 of the Internal Revenue Code. This means that employees will not pay taxes on the premium contributions. c Nothing set forth herein shall prohibit the right of the Village to obtain other hospitalization and major medical benefits or change such benefits under a different ar program or with a different insurance company (including self-insurance), provided the c = basic level of coverage and benefits are substantially similar. The Village will notify the d employees, in writing, of any changes in the basic level of coverage and/or benefits. The Village reserves the right to institute cost containment measures regarding insurance coverage. Such changes may include, but are not limited to mandatory second opinions for elective surgery, pre -admission and continued admission review, prohibition of week end admissions except in emergency situations, and mandatory outpatient 0 elective surgery for certain designated surgical procedures. Dental Insurance. Employees may elect to participate in any dental insurance program for themselves and their dependents which the Village of Buffalo Grove has ii o provided to Village employees generally. The Village shall be responsible for one N N hundred percent (100%) of the costs of such dental insurance for both employee and dependent coverage. T N Vision Insurance, Formatted: Indent: First line: 0.5" V program for themselves and their det�endents which the Village of Buffalo Grove has provided to Village employees generally. The Village shall be responsible for one 0 U Cl) 25 C d E L V r� r� a Packet Pg. 152 11.A.b hundred . ercent 10010� of the costs of such vision insurance for both emplo and dependentcovera e. Terms of Policies to Govern. The extent of coverage under the insurance policies referred to in this Article shall be governed by the terms and conditions set forth in said policies. Any questions concerning coverage shall be resolved in accordance with the terms and conditions in said policy and shall not be subject to the grievance procedure set forth in this Agreement. Group Term Life Insurance - No Emplovee Contribution 1 X Employee's Annual Salary Health Insurance Incentive Amounts, Formatted: Font: Bold, Underline The Village will pay into each employee's Flex Spendine Account the following amounts, based on the health insurance plan chosen by the employee during the formal open enrollment period Year PPO Family PPO Single +1 PLO Single 2018 $500 %250 $125 2019 3250 $125 $62.50 2020 $125 $62.50 $31.25 Year IIMO Family FIMO SinCzle +1 IIM SSin Yle 2018 $1000* $500 $250 2019 $500 $250 $125 2020 $250 $125 $62.50 *For any amounts above $500, the first $500 will be deposited into the employee's FSA account and the remaining amount will be used to reduce the emplo e�premium contribution over a 12 month period. New employees covered by this agreement will receive a prorated incentive based on the month coverage begins. Sect6ii 6�,,,5 IIII lea IN tS °ui�� rrt and Vision lleiine lii: ReoReners, The parties agree to meet according to Article VI, Section 6.2 — Wage and Benefit Reopener to discuss and establish the employee's share of the premium for employee and dependent health care,- dental and vision coverage. Any impasse in negotiations on these issues shall be subject to Interest Arbitration under Section 14 of the Illinois Public Labor Relations Act. 26 Packet Pg. 153 11.A.b Sec iioiii 6.10 S%I:)ccihd Illliiiflly IIPay, An off duty employee who works special duty — defined as a duty in which the Village is reimbursed will be compensated at one and one half the rate of pay for hours based on a forty (40) hour work week. 141�11oiiit 6.11 ,yiffeiidaii,iice, a( Ciirit-,cauriucc lyl.e e fiiuicgs. Every effort shall be made to hold grievance meetings and/or arbitration hearings on shift. However, if any grievance meeting or arbitration hearings are required to be scheduled during the working hours of any grievant, only the grievant shall be released from duty to attend such meetings or arbitration hearings, without loss of pay. ARTICLE VIIQ St:ctloiiic "7,1. III)efluwi liioiiiis For the purpose of this contract, BGFD SOP 101.23 and the following definitions will be used: "Swap" is a situation when the on -duty employee verbally requests coverage by another employee arriving for duty. The swap is based on a verbal agreement between the two employees, with the agreement of the station officer. In this situation, no documentation is required, but the employee currently on duty may not leave the station earlier than 0800 hours. "Duty trade" is a situation when the employee currently on duty requests coverage by another employee arriving for duty. When effected, the trade must be verbally approved by the station officer and documented--+eeffg-)�s� - pfegf. Once these conditions have been met, the employee requesting the duty Made is considered "off -duty" and may leave the station. Sectioiii 7.2IIIIIolidays,. Employees shall receive three (3) floating holidays per calendar year, said days to be scheduled with the specific prior approval of the Fire Chief or his designee. Employees working a regularly scheduled shift on any holiday feeci'-lte *il4tTelisted herein will be paid an additional twelve (12) hours of straight time at their current rate of pay. Employees may duty trade or take comp time for up to four hours 27 Formatted: Justified, Indent: First line Space Before: 0 pt Packet Pg. 154 11.A.b during this shift, and still receive holiday pay. However, the pay will be pro -rated based on the number of hours they actually worked. RccggniKed 11o11daVs: .- ( Formatted: Normal, No bullets or nut a. NeNv fear's Da�(Jarivary 1) Formatted: Font: Times New Roman, b. Martin Luther Kings Day (official recognized) c. president's Day (official recognized) d. Memorial DayLofflclal recosrlrzed) e. independence Da July 4} f. Labor Day (official reco =rn�d} fr. Thanksgiving; Da v (official rcco sniff zed) li. F1ay after Thanks iiv_in j, Day (official reco ,nixed) i. Christmas Eve (Deeember 24� L. Christmas Day (December 2S) Formatted: List Paragraph, Line spacii single, Numbered + Level: 1 + Number Employees ma duty trade- the following days, and still receive holiday a y y g y y pay style: a, ig e ... + start at: 1 + t at: 0 Left +Aligned at: 0.5" +Indent at: 0 compensation: a. Thanksgiving Day/Day after Thanksgiving b. Christmas Eve/Christmas Day Sectioirrm 7.3 NI%-,,,, Employees shall receive eleven (11) shift days off per calendar year. Qtht-�S, 1 - t-, n �i 44 -&f=f: These work reduction days, or Kelly Days, will be assigned to employees by the Fire Chief in order to facilitate the provisions of the Fair Labor Standards Act. Reduction of Kelly Days may occur as a result of sick leave, injury leave or any other long time leave. After each eleven (11) duty day period, one (1) Kelly Day will be reduced from the employee's accrual. For the purpose of calculating the reduction, the use of employees' personal time off during the duration of the leave will not be counted as part of the Kelly Day reduction process. Kelly Day accrual for employees during their first and last year of employment will be prorated based on actual full months worked during that calendar year based on the eleven (11) day calculation. ecf gm iiiim 7,4 'Stk.11r lighter, Abuse of sick leave is a serious matter. The Union shall join the Village in making a serious effort to monitor and correct the abuse of sick leave wherever and whenever it may occur. Examples of abuse may include, but are not limited to; calling in sick prior to or immediately after a scheduled day off (SDO), use of sick time for reasons other than for its intent, excessive individual sick days in the course of a year, etc. 28 Packet Pg. 155 11.A.b Employees covered by this Agreement shall be allowed sick leave on the basis of the following: a. Employees assigned to shift duty shall earn five (5) twenty four (24) hour shifts of sick leave with pay credit annually. This is equivalent to eighty (80) hours annually. b. Employees assigned to shift duty shall accrue sick leave according to the following schedule: after two (2) months of service one (1) shift after four (4) months of service two (2) shifts after six (6) months of service three (3) shifts after nine (9) months of service four (4) shifts after twelve (12) months of service five (5) shifts C. Employees may use overtime to purchase sick time hours in lieu of pay or compensatory time compensation. Sick time hours purchased will be at the time and one half rate identical to the accrual of compensatory time, (e.g. working four (4) hours of overtime has a value of six (6) hours of sick time purchased). Time purchased cannot exceed the maximum allowable accrued hours contained within the provisions of this document. d. Sick leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second calendar year of employment. e. Sick leave shall not be accrued while on leave of absence without pay. Se� ioliit .�5 y llilelit ,I'ake,lilt. Sick leave with pay will be granted for absence from duty because of actual personal illness, non-compensable bodily injury or disease, exposure to contagious disease, to care for an ill or injured member of the employee's immediate family, or to keep a doctor's or dentist's appointment. Sick leave shall not be granted in cases where regular or disability retirement has been approved, or for absence due to injuries resulting from employment in a position other than that held in the municipal service. Employees injured in the course of other employment shall be eligible for leave of absence without pay. For the purposes of this Agreement, immediate family members shall include, husband, wife, domestic partner as recognized in a legal civil union, son, son-in-law, daughter, daughter-in-law, foster child, mother, mother-in-law, step mother, father, father-in-law, step father, brother, brother-in-law, sister, sister-in-law, step children and grandparents of the employee or his/her spouse. When an employee finds it necessary to be absent for any of the reasons specified herein, he shall report the facts to an on -duty supervisor. An employee is required to give such notification one (1) hour in advance of his scheduled starting time. An employee is 29 Packet Pg. 156 11.A.b responsible for making a daily report (based on duty day) thereafter for the duration of the illness or injury. A medical certificate may be required by the department head for any absence. Failure to comply with the provisions of this Section shall result in denial of sick leave. Three (3) consecutive duty days of absence without notice may result in dismissal after a complete investigation of the facts surrounding the absence. Sectioiiim 7.6 ^7ceii°tii�alll. Employees assigned to shift duty may accumulate sick leave credit to a maximum of one hundred thirty (130) twenty four (24) hour shifts. This is equivalent to three thousand one hundred -twenty (3120) t &-t11 sty-{ Wk -hours. 7eefloiiia /.`.7Accrued Sick ]IlLeavc,, Retiring employees are eligible to establish an employer sponsored Retiree Health Savings (RHS) Plan. r shift schedule will be converted e accomplished by rnultiplying the total number of hours accrued at the twenty four (24} hour shift rate by 0.66667. Employees will be eligible to apply their accrued sick leave based on the following table: Years of Service and Age at Retirement Percent of two -thousand eighty 2,080 Hours: 20 years of service and 41 years of age at retirement 27.5% 20 years of service and 42 years of age at retirement 30.0% 20 years of service and 43 years of age at retirement 32.5% 20 years of service and 44 years of age at retirement 35.0% 20 years of service and 45 years of age at retirement 37.5% 20 years of service and 46 years of age at retirement 40.0% 20 years of service and 47 years of age at retirement 42.5% 20 years of service and 48 years of age at retirement 45.0% 20 years of service and 49 years of age at retirement 47.5% 20 years of service and 50-54 years of age at retirement 50.0% 21 years of service and 50-54 years of age at retirement 55.0% 22 years of service and 50-54 years of age at retirement 60.0% 23 years of service and 50-54 years of age at retirement 65.0% 24 years of service and 50-54 years of age at retirement 70.0% 25 years of service and 50-54 years of age at retirement 75.0% 26 years of service and 50-54 years of age at retirement 80.0% 30 Packet Pg. 157 11.A.b 27 years of service and 50-54 years of age at retirement 85.0% 28 years of service and 50-54 years of age at retirement 90.0% 29 years of service and 50-54 years of age at retirement 95.0% 30 years of service or 55+ years of age at retirement 100.0% The Retiree Health Savings (RHS) Plan will be administered by the ICMA Retirement Corporation and will allow employees to accumulate assets in order to pay medical and other eligible expenses in retirement. The legal basis for an RHS is currently based on Private Letter Rulings issued by the Internal Revenue Service which allow employers such as the Village to establish such plans. The provisions of this plan will be governed by documents executed by both the Village and ICMA Retirement Corporation. The documents collectively comprise the Vantagecare Retiree Health Savings Plan. It is the intent of the Village to establish a separate plan for the members of the Union. The Village and Union will review and determine funding levels and formulas in compliance with rules appropriate to the legal basis used to establish the plan and as set forth from time to time in the Village's Personnel Rules and as permitted under applicable tax rules or statutes as adopted and/or amended. Employees who elect to participate in individual contribution programs may be subjected to all applicable rules, including irrevocability of those contributions. At a minimum, the Village will apply the value of accrued sick leave (Deposit Value) into an employee's RHS Plan account at retirement. Employees must apply the entire value of accrued sick leave to their plan account based on the following formula: Deposit Value = Number of sick leave hours (shifts) x Dollar hourly value. The dollar value shall be equal to the lowest hourly rate (which includes Performance Bonus) paid to all Village employees eligible to participate in the Plan as of January I" for the calendar year in which the employee retires. The hourly rate will be applicable only for the year so calculated. That hourly rate value shall be distributed to all Village employees after it is calculated for the current year. On an annual basis (January Is' through December 31'r), employees will be able to convert up to one (1) twenty-four (24) hour shift of unused sick days for deposit into their Plan account; providing that they have completed one year of work with no more than one day of absence. An unused sick leave balance of four hundred eighty (480) hours, thirty (30) Shift Days must be maintained in order to convert the shift day for deposit into the plan account. Days converted for deposit into the plan account are subtracted from the employee's accrued sick leave balance. Conversion of the unused sick day shall not be into vacation leave or paid directly to the employee. The value of the conversion shall be 31 Packet Pg. 158 11.A.b equal to the employee's daily wage and not limited to the wage assigned to the retirement funding value calculated above. Employees who leave the fire department due to disability or death will receive the value of their accrued sick leave under this plan as part of the RHS benefit. Sm°ctiiouil 7A4 Medical Cell'-lwi fi age, A medical certificate required by a department head for the employee shall consist of a written statement by a qualified doctor indicating: A. The employee has been examined by the phys doctor. during the period of Formatted: Font: Times New Roman absence. ( Formatted: Font: Times New Roman B. The symptoms Observed or measured by the pl}ysieiarldoctor.. Formatted: Font: Times New Roman C. The stated diagnosis and medication and/or treatment prescribed. D. The dates on which the employee is expected to be physically incapacitated from work. Formatted: Font: Times New Roman Employees who require the use of sick leave for a family member(s) may be required to provide a medical certificate after the second twenty-four (24) hour shift, or the sick time totaling the use of forty-eight (48) hours in a rolling calendar year. A medical certificate required by the Fire Chief or designee for the employee's family member shall consist of a written statement by a qualified physic doctor indicating: Employee's name, patient's name, date of appointment, time -in, time-out, doctor's name and signature. q4w— c=-r=¢sk",�ec-=m--an--a`i Employees will be compensated two (2) hours of pay at straight time. The Village will reimburse the employee for co-insurance and/or deductibles incurred to meet this standard, but only applying to office visit charges, or emergency room co -pay if the department directs the employee to visit an emergency room. To receive such reimbursement, the employee must provide documentation that itemizes all costs sought for reimbursement. °wamm�uim 7,9 lLiigllh lllDtily. An employee who is ill/injured as the result of an occupational acquired illness/injury may be required to work for an available, temporary light duty assignment. An employee who is eligible for sick leave may volunteer to work for an available, temporary light duty assignment. All light duty assignments are made at the sole 32 Formatted: Normal, Justified, Indent: line: 0.5" Packet Pg. 159 11.A.b discretion of the Village. Light duty work shall be determined by the Fire Chief in consultation with employee and the employee's pl+ysdoctor. An employee on light duty may be assigned to work in any Village department. A light duty assignment shall not exceed sixty (60) calendar days and may be terminated prior to that time limit. The Fire Chief may extend light duty based upon consultation with the employee, the employee's physieia+�doctor and, if necessary, a Village assigned and paid physiei doctor. Light duty assignments may be terminated based upon a lack of performance in relation to the assigned job. Sm^m:>ICiioiii 7.10 Vmwcafiilim. A. Employees covered by the Agreement shall receive vacation leave credit according to the following schedule: (1) 1st partial year and year of- Formatted: Indent: Left: 1.5", Hangn service: 5112 multiplied by months worked Formatted: Indent: Left: 0" ( 1st full calcndar year of ser��� _ 5 shifts (3-2) 2" a full calendar year of service: 6 shifts (43) 3'd full calendar year of service: 6 shifts (54) 4t" full calendar of service: 7 shifts (6) 5d' full calendar year of service: 7 shifts (76) 6L'-10 full calendar year of service: 8 shifts (f7) 11t'-14`m' full calendar year of service: 9 shifts (99) 15d'-19`m' full calendar year of service: 10 shifts (104) 20t" - 24t" full calendar year of service: 1 1 shifts (110) 25t" (and after) full calendar year of service: 12 shifts B. All other provisions of Vacation Leave are in accordance to the Buffalo Grove Personnel Rules. Sectmomm T, 11I IIIIlotiiii's and llXiii aiioiin, The regular hours of duty (tour of duty) for employees shall be twenty-four (24) consecutive hours of duty, starting at 0800 hours and ending the following day at 0800 hours. The regular tour of duty shall be followed by forty-eight (48) consecutive hours off duty. Early swaps may be permitted as early as 0700 hours, but the employee 33 Formatted: Indent: Hanging: 0.5" Formatted: Indent: First line: 0" Packet Pg. 160 11.A.b currently on -duty may not leave the station any earlier than 0800 hours. Early swaps shall not be considered a duty trade and are not eligible for overtime compensation. Section 7.12 Cooinli nsat'm-N 1 tunic, Compensatory time off may be taken by employees in accordance with BGFD SOP : _ . 101.13, revised on 09/28/2012, as in practice on May 1, 201 l-3. tceelkwiin 7.111.;3 Sm°1edio in sort° ,8c llliedirllle d Days 011 Scheduled days off (SDO) will be selected in accordance with the following BGFD "SDP's: A. 101.15 SDO Selection, revised 09/28/2012, as in practice on May 1, 2017 . 101.26 Acting Shift Commander/Acting Lieutenant Selection., revised 10/13/2009, as in practice on May 1, 20173. ARTICLE VilQllf t,mr,etG win 8.1. 1 iriiievanco IllD °1mmi111oin. A "grievance" is defined as a dispute or difference of opinion raised by an employee against the Village involving an alleged violation of an express provision of this Agreement, except that any dispute or difference of opinion concerning a matter or issue subject to the jurisdiction of the Buffalo Grove Board of Fire & Police Commissioners, except as otherwise provided in this Agreement, shall not be considered a grievance under this Agreement. Such grievance shall be filed by the Union on behalf of the employee. ecamm�uis 8.2 Illl�ui°ou�c�m�^ liouiu s� The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be 34 L d c w 0 L d ca c Formatted: Line spacing: Multiple 1.1 a� a� ca Formatted: List Paragraph, Space Bef pt, Line spacing: single > d Formatted: Indent: Left: 0.5", No bL -w )r numbering c Formatted: List Paragraph, Space Bef 'N pt, Line spacing: single i O Formatted: Font: Times New Roman, = Formatted: Font: Times New Roman, O Underline Q Formatted: Font: Times New Roman, M O Formatted: List Paragraph, Indent: LE v Space Before: 0 pt, Line spacing: sing Formatted: Font: Times New Roman, r_ C Formatted: Indent: Left: 1", No bulb numbering d L Formatted: Indent: First line: 0.5", S 0) Before: 0 ot, Line soacino: single 2) Packet Pg. 161 11.A.b processed as follows unless, by mutual agreement in writing, the parties waive one or more of the aforementioned steps: STEP 1: The Union may submit the grievance of a Firefighter/Paramedic in writing to the Lieutenant as designated by the Fire Chief, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the specific relief requested, and the signature of the grievant and his Union representative. All grievances must be presented no later than thirty (30) calendar days from when the event was known or reasonably should have been known giving rise to the grievance. The Lieutenant shall render a written response to the grievant, with a copy being simultaneously given to the Fire Chief, within ten (10) calendar days after the grievance is presented. The decision of the Lieutenant shall not be binding on the Village if the Fire Chief or his designee so advises both the grievant and the Union within ten (10) calendar days of receipt of the Lieutenant's response. STEP 2: The Union may submit a grievance of a Fire Lieutenant in writing to the Battalion Chief as designated by the Fire Chief, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the specific relief requested, and the signature of the grievant and his Union representative. All grievances must be presented no later than ten (10) calendar days from the date of the first occurrence of the matter giving rise to the grievance. The Battalion Chief shall render a written response to the grievant, with a copy being simultaneously given to the Fire Chief, within ten (10) calendar days after the grievance is presented. The decision of the Battalion Chief shall not be binding on the Village if the Fire Chief or his designee so advises both the grievant and the Union within ten (10) calendar days of receipt of the Battalion Chiefs response. If a grievance of a Firefighter/Paramedic is not settled at Step 1 and the Union wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted by the Union in writing to the Battalion Chief as designated by the Chief with ten (10) calendar days after receipt of the Village's answer in Step 1. The grievance shall specifically state the basis upon which the Union believes the grievance was improperly denied at the previous step in the grievance procedure. The Battalion Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within ten (10) calendar days 35 Packet Pg. 162 11.A.b with the grievant and the Union. If no settlement of the grievance is reached, the Battalion Chief or his designee shall provide a written answer to the grievant and the Union within ten (10) calendar days following the meeting. STEP 3: If a grievance is not settled at Step 2 and the Union wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted by the Union in writing to the Fire Chief within ten (10) calendar days after receipt of the Village's answer in Step 2. The grievance shall specifically state the basis upon which the grievant and the Union believe the grievance was improperly denied at the previous step in the grievance procedure. The Fire Chief shall investigate the grievance, and in the course of such investigation, shall offer to discuss the grievance within ten (10) calendar days with the grievant and the Union. If no settlement of the grievance is reached, the Fire Chief or his designee shall provide a written answer to the grievant and the Union within ten (10) calendar days following their meeting. STEP 4: If a grievance is not settled at Step 3 and the Union wishes to appeal the grievance to Step 4 of the grievance procedure, it shall be submitted by the Union in writing to the Village Manager within ten (10) calendar days after receipt of the Village's answer in Step 3. The grievance shall specifically state the basis upon which the grievant and the Union believe the grievance was improperly denied at the previous step in the grievance procedure. Thereafter, the Village Manager, or his designee, and other appropriate individuals as desired by the Village Manager, shall meet with the grievant and a Union representative within eighteen (18) calendar days of receipt of the Union's appeal. If no agreement is reached, the Village Manager or his designee shall submit a written answer to the grievant and the Union within eighteen (18) calendar days following the meeting. Section 83 i Ill)Rrafiiion. If a grievance is not settled in Step 4 and the Union wishes to appeal the grievance from Step 4 of the grievance procedure, the Union may refer the grievance to Arbitration as described below within twenty-one (21) calendar days of receipt of the Village's answer as provided to the Union at Step 4: A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after the receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said ten (10) day period, the parties shall jointly request the Federal Mediation and Conciliation Service or the American Arbitration Association, to submit a panel of seven (7) arbitrators. Each party 36 Packet Pg. 163 11.A.b retains the right to reject one panel in its entirety and request that a new panel be submitted. Each party also retains the right to request that the panels submitted for any given case be limited to members of the National Academy of Arbitrators. Both the Village and the Union shall have the right to strike three (3) names from the panel. The party requesting arbitration shall strike the first three (3) names; the other party shall then strike three (3) names. The person remaining shall be the arbitrator. B. The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing subject to the availability of Union and Village representatives. C. The Village and the Union shall have the right to request the arbitrator to require the presence of witness or documents. The Village and the Union retain the right to employ legal counsel. D. The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. E. More than one grievance may be submitted to the same arbitrator where both parties mutually agree in writing. F. The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the Village and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. se,,ctiolilm 8'4Ill lJiinliilf:atiloiiis 0ii Aiuitlltoi city ol" AiH146iirator, The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the first step (second step in the case of Fire Lieutenants) and shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award, which is contrary to or inconsistent with applicable Federal or State law. Any decision or award of the arbitrator rendered within the limitations of this Section shall be final and binding upon the Village, Union and the employee(s) covered by this Agreement. 37 Packet Pg. 164 11.A.b sectuouis 8.5 t uiuilleJlll_.uiuirmuit 1411^ t^uitmuisg No grievance shall be entertained or processed unless it is signed by the grievant and submitted at Step 1 (Step 2 in the case of a Fire Lieutenant) within thirty (30) calendar days from when the event was known or reasonably should have been known giving rise to the grievance. If a grievance is not presented by the employee within the time limit set forth above, it shall be considered waived and may not be further pursued. Such waiver shall not serve to waive an employee's right to file a future grievance involving similar facts and circumstances. If a grievance is not appealed to the next step within the specified time period, or within an approved, written extension thereof, it shall be considered settled on the basis of the Village's last answer, provided, however, that such settlement shall not serve to waive an employee's right to file a future grievance involving similar facts and circumstances. If the Village does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at this step and immediately appeal the grievance to the next step. The parties may, by mutual written agreement, extend any of the time limits set forth in this Article. sectiolilil 8�„6 Nlisc6laiieous, No action, statement, agreement, settlement or representation made by any member of the bargaining unit shall impose any obligation or duty or be considered to be authorized by or binding upon the Village unless and until the Village has agreed thereto in writing. °3ecttlouil 9,1111. �qo stiirilll4e. Neither the Union nor any officers, agents or employees covered by this Agreement will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, slow -down, sit-down, concerted stoppage of work, concerted refusal to perform overtime, concerted, abnormal and unimproved enforcement procedures or policies or work to the rule situation, mass resignations, mass absenteeism, picketing or any other intentional interruption or disruption of the operations of the Village, regardless of the reason for so doing. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Village. 38 - Formatted: Normal, Justified, Space e 0 pt Packet Pg. 165 11.A.b Each employee who holds a position of officer or steward of the Union occupies a position of special trust and obligation to notify the employees of their actions as being a violation of this Article in order to maintain and bring about compliance with the provisions of this Article. In addition, in the event of a violation of this Section of this Article, the Union agrees to inform its members of their obligation under this Agreement and to direct them to return to work. Sm ct.louim 9.2 No IllLoclwuairt��� The Village will not lock out any employee during the term of this Agreement as a result of a labor dispute with the Union. Ss;ctlouis 1.011,,11 Duist°iiillf�flluile aiu d Ill.tiiis� h,a.iirge liinveMIgMlons Disciplinary actions instituted by the Village shall be for reasons based upon an employee's failure to fulfill his responsibilities as an employee. Where the Village believes just cause exists to institute disciplinary action it shall have the option, consistent with the principles of timely progressive discipline imposed for the purpose of encouraging corrective employee action, to assess including but not limited to the following penalties: Counseling Session Oral Reprimand Written Reprimand Suspension Demotion Termination Any disciplinary action or measure other than a counseling session, oral and written reprimand imposed upon an employee shall be subject to review and appeal as provided for in this Agreement. Counseling sessions, oral and written reprimands shall not be subject to the arbitration procedure or to review by the Board of Police and Fire Commissioners. Employees shall have the right to file grievances concerning discipline covering suspension without pay, demotion and/or termination or they may choose the hearing process by the Board of Fire and Police Commissioners. Filing of a grievance shall act as a waiver by the employee involved of the right to challenge the same matter 39 Formatted: Normal, Justified Formatted: Normal, Justified, Space e 0 pt Packet Pg. 166 11.A.b before the Board of Fire and Police Commissioners. A form containing such specific waiver shall be executed by the employee prior to filing a grievance. Seeking review by the Board of Fire and Police Commissioners shall act as a waiver by the Union and employee involved of the right to challenge the same matter in the grievance process. A. The Village agrees that non -probationary employees shall be disciplined and discharged only for just cause. A copy of all suspension, demotion and discharge notices shall be provided to the employee. The Employer further agrees that disciplinary actions shall be imposed in a timely manner (not to exceed thirty (30) calendar days from the date of the incident giving rise to the disciplinary action or from the date of the Employer's completion of its investigation of such incident whichever is later) and shall not conflict with the "Illinois Fireman's Disciplinary Act" (III. Rev. Stat ch. 85 Par 2501, et seq.). B. Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights, benefits and conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a settlement or deemed proper by the appropriate hearing authority. C. Disciplinary actions, including but not limited to oral, written, and suspension, recorded in the employee's personnel files shall not be used after twelve (12) months to justify subsequent disciplinary action, except for a related offense. Non -meritorious disciplinary actions shall not be relied upon to justify any subsequent disciplinary action. In the event disciplinary action is contemplated against an employee, prior to any pre -disciplinary discussions or meetings with the employee, the employee shall be informed of his/her rights to representation prior to such meeting. Employees shall be entitled to representation at all disciplinary investigatory meetings, which the employee attends and are initiated by the Employer, and at any meeting or interviews which the employee reasonably believes could result in discipline. D. The Village shall conduct Rules Violations Investigations (R.V.1.) when it receives complaints or has reason to believe an employee has failed to fulfill his responsibilities as an employee. It is understood that polygraph examinations without written consent of the employee and tests by means of any chemical substance will not be used by the Village in any phase of disciplinary investigations or interrogation. E. Prior to taking any final, disciplinary action and just prior to concluding its investigation, the Village shall notify the employee of the contemplated measure of discipline to be imposed, and shall meet with the employee involved and inform the employee of the reasons for such contemplated disciplinary action. 40 Packet Pg. 167 11.A.b Copies of all pertinent documents shall be given to the employee at this notification and review meeting, including: 1. Allegation of violations of Rules and Regulations 2. Statement of charges and specifications 3. Employee statements 4. Acknowledgment of notification and review 5. The discipline recommended 6. Copies of the employees pertinent past discipline. The employee shall be entitled to representation at such meetings and shall be given the opportunity to rebut the reasons for such proposed discipline. F. The Employer's personnel files, disciplinary history files, medical files and completed inactive investigative files, shall, upon reasonable request to the Chief or his designee, be open and available for inspection and copying by the effected employee during regular business hours. With respect to such files maintained at the Department, regular business hours shall encompass 9:00 a.m. to 5:00 p.m. It is agreed that any of these files not made available for inspection and copying shall not be used in any manner or forum for any disciplinary action. G. Interrogations - Interrogation shall be defined as the questioning of a firefighter (employee) pursuant to an investigation initiated by the Village in connection with an alleged violation of the Rules, Regulations or Orders of the Village of Buffalo Grove or the Fire Department, which may be the basis for filing charges seeking the suspension, removal or discharge of a firefighter (employee). Whenever a firefighter is subjected to administrative interrogation for any reason which could lead to disciplinary action of discharge or suspension of more than twenty-four (24) hours, the interrogation shall be conducted under the following conditions: 1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the firefighter is on duty. If the firefighter is off duty, he/she shall be compensated at the appropriate rate of pay. 2) The firefighter under interrogation shall be informed of the name, rank and command of the person in charge of the interrogation, the interrogating officers and all persons present during the interrogation. 3) The firefighter under investigation shall be informed of the nature of the complaint or investigation in writing prior to any interrogation. 4) The interrogation session shall be for a reasonable period taking into consideration the gravity and complexity of the issue being investigated. 41 Packet Pg. 168 11.A.b The person being interrogated shall be allowed to attend to his own personal physical necessities. 5) No firefighter under interrogation shall be threatened with dismissal or other disciplinary action. Nothing herein is to be construed as to prohibit the interrogating officer from informing the firefighter that his or her conduct can be the subject of disciplinary action should he or she refuse to obey a lawful order from the ranking officer. Admissions or confessions obtained during the course of any interrogation not conducted in accordance with the Fireman's Disciplinary Act may not be utilized in any subsequent disciplinary proceeding against the firefighter. (P.A. 83-783) No promise of reward shall be made as an inducement to answering any questions. 6) No firefighter shall be interrogated without first being advised in writing that admissions made in the course of the interrogation may be used as evidence of misconduct or as the basis for charges seeking suspension, removal, or discharge; and without first being advised in writing that he or she has the right to counsel of his or her choosing who may be present to advise him or her at any stage of any interrogation. 7) At the request of a firefighter and prior to any interrogation, the firefighter shall have the right to be represented by counsel of his or her choice, who may be present at all times during the interrogation. The attorney shall not participate in the interrogation, except to counsel the firefighter. The firefighter may request a postponement of the initial interrogation to contact an attorney of his or her own choosing. The interrogation may not be postponed more than twenty-four (24) hours, with allowances made for weekends and holidays, unless specifically waived by mutual agreement of the Village and the firefighter being interrogated. A representative of the employee's choice may also be present during any interrogation. A complete record of any interrogation shall be made and a complete transcript or copy made available to the firefighter without charge and without undue delay. The Village or the firefighter may record the interrogation. 8) This Section does not apply to any interrogation of a firefighter in the normal course of duty, counseling, instruction, informal admonishment or other routine or unplanned contact with a supervisor or any other firefighter. Any admissions or confessions obtained during the course of any interrogation not conducted in accordance with this Section may not be utilized in any subsequent disciplinary proceeding. H. It is understood that the rights of firefighters herein shall not diminish the right and privileges of firefighters that are guaranteed to all citizens by the Constitution 42 Packet Pg. 169 11.A.b and laws of the United States and of the State of Illinois. This Article does not apply to any firefighter (employee) charged with violating any provision of the Criminal Code of 1961 [720 ILCS 511-1] or any other federal, state or local code. If the allegation under investigation indicates the recommendation for separation or termination is probable against the firefighter, the firefighter shall be given statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the firefighter, the firefighter shall be given the constitutional rights concerning self-incrimination prior to commencement of the interrogation. 1. No firefighter shall be compelled to speak or testify before, or be questioned by any non -governmental agency. This provision shall not apply to reasonable requests from the Village's insurance carriers provided that the employee is covered by the insurance policy applicable to the situation. J. Reviews of decisions of the Board of Police and Fire Commissioners or of an arbitrator under this section shall be as provided by law, based on the election of the hearing body selected by the employee. K. Suspensions shall be charged at a rate based on a fifty-one and two tenths (51.2) hour work week. "11'wc;flon InW,2 IIlIerfcirurn mince lnilprovemmmciin( Ilflaiiii In situations where an accident, discipline or substandard performance occurs, it is incumbent upon the Village to work with the employee to identify potential deficiencies and correct the negative action. In order to accomplish this goal, BGFD SOP 1:1.45 Performance Improvement Plan, as in practice on August 1, 2014, will be referenced and followed. Nothing in this agreement shall cause the Village to waiver from adhering to the Illinois Firemen's Disciplinary Act (50 ILCS 745�. Sectlomm 11.1 Dues S'ieelllemml''f, The Village shall deduct from each employee's paycheck the uniform, regular bi- weekly Union dues for each employee in the bargaining unit who has filed with the Village and Fire Chief a properly executed authorization form. Such authorization may only be revoked by written notice to the Village and the Union during the thirty (30) days prior to the termination date set forth in Article X1V of this Agreement. The Union may change the fixed uniform dollar amount two (2) times per year during the term of this 43 Formatted: Normal, Justified, Indent: line: 0.5", Space Before: 0 pt Packet Pg. 170 11.A.b Agreement by giving the Village at least thirty (30) days advance notice in writing, with a copy to the Fire Chief, of any change in the amount of dues to be deducted. The Village shall remit the total amount of the deducted dues, along with a list of employees from whom the dues have been deducted, to the Union not later than seven (7) days after the deduction is made. 14^1111oii In.1..7 IIII Asir Shaire. During the term of this Agreement, employees who are not members of the Union shall, commencing thirty (30) days after their date of hire, pay a fair share to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement, provided said fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the Village from the earnings of non-members and remitted to the Union in the same manner as dues are deducted for Union members. The Union shall periodically submit to the Village and Fire Chief a written list of the employees covered by this Agreement who are not members of the Union. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union v Hudson, 106 U. S. 1066 (1986), with respect to the constitutional rights of fair share fee payers as well as all applicable provisions of the Illinois Public Labor Relations Act and the rules and regulations promulgated hereunder relating to fair share fees. It is specifically agreed that any dispute a fair share payer may have with the Union concerning the amount of fair share fee and/or the responsibilities of the Union with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. ARTICLE XIIQ Sectloiii 1.2.1 DefliAtioiii of Seliiii:mlirilY Departmental seniority shall be defined as the length of service from the last date of beginning continuous full-time employment as a sworn Lieutenant or Firefighter/Paramedic in the Department and uninterrupted by termination of employment. Rank seniority shall be defined as the length of continuous full-time employment in a promoted rank uninterrupted by termination of employment. Conflicts of departmental or rank seniority shall be determined on the basis of the order of the Firefighter/Paramedics on the Board of Fire and Police Commission hiring or 44 Formatted: Normal, Justified, Space e > 0 pt cC L U Cl) r� c d E t �a a Packet Pg. 171 11.A.b promotional list, whichever is applicable, with the Firefighter/Paramedic higher on the applicable list being the more senior. Where the term "seniority" is used in this Agreement, it shall mean departmental seniority unless otherwise specified. 't ,T,floim 12„2 II1111r w1tL`wiiionar ly Peiriiioti,�� All new employees and those rehired after termination of employment shall be considered probationary employees until they complete a probationary period of twelve (12) months, in accordance with 65 ILCS 5/10-2.1-4. During an employee's probationary period, the employee may be suspended or terminated at the sole discretion of the Village, subject to whatever legal rights, if any, such employees may have separate and apart from this Agreement. No grievance shall be presented or entertained in connection with the suspension or termination of a probationary employee. In the event of an absence or leave, the probationary period may be extended, if approved by the Board of Fire and Police Commissioners, for a comparable period of time (i.e., day for day extensions in the event a probationary employee is absent and/or on leave for any reason for a total of four (4) weeks or more during the first twelve (12) months of employment). Sm^diciin 12,1 Seiiiioirify 1.iiitL On or before September 1 of each year, the Village will provide the Union with a seniority list setting forth each employee seniority date. The Village shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the Village in writing within thirty (30) calendar days after the Union's receipt of the list. Se,,cfioin 1.2.4111 IlLawolf. Employees covered by this Agreement will be laid off in accordance with their length of service as provided in the Illinois Municipal Code, Chapter 65, Section 5/3.10- 2.18 as amended from time to time. Sectioin 12.5 tlectIIIJII Employees who are laid off shall be placed on a recall list. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. Employees who are on the recall list shall be given up to twenty-one (21) calendar days to report back to work from date of receipt of the notice of recall, provided that the employee must notify the Fire Chief or his designee of his intention to return to work within seven (7) days after receiving notice of recall. 45 Packet Pg. 172 11.A.b The Village shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address last provided by the employee, with a copy to the Union; it being the obligation and responsibility of the employee to provide the Fire Chief or his designee with this latest mailing address. If an employee fails to timely respond to a recall notice, his name shall be removed from the recall list. Sm cttoiiim 12.6i eui :mminagiioia mmi" eiifloirky. Seniority and the employment relationship shall be terminated for all purposes, subject to confinnation by the Village's Board of Fire and Police Commission, if the employee: A. t46resins; B. is discharged; C. retires (or is retired should the Village adopt and implement a legal mandatory retirement age); D. falsifies the reason for a leave of absence, or is found to be working during a leave of absence without the written approval of the Village Manager; E. fails to report to work at the conclusion of an authorized leave or vacation; F. is laid off and fails to notify the Fire Chief or his designee of his intention to return to work within seven (7) calendar days after receiving notice of recall or fails to return to work within two (2) working days after the established date for the employee's return to work: G. is laid off for a period in excess of two (2) years; H. does not perform work for the Village for a period in excess of twelve (12) months, provided however, this provision shall not be applicable to absences due to military service, established work related injury compensable under workers compensation, disability pension, or a layoff where the employee has recall rights; I. is absent for one shift day (24 hours) without authorization unless there are proven extenuating circumstances beyond the employee's control that prevent notification. ectioiii '12.7 1 lffem°ls ol` Layoff. During the period of time that non -probationary employees have recall rights as specified above, the following provisions shall be applicable to any non -probationary employees who are laid off by the Village: A. An employee shall be paid for any earned but unused vacation days. 46 Packet Pg. 173 11.A.b B. An employee shall have the right to maintain insurance coverage by paying in advance the full applicable monthly premium for single and if desired, family coverage. C. If an employee is recalled, the amount of accumulated sick leave days that the employee had as of the effective date of the layoff shall be restored. D. Upon recall, the employee's seniority shall be adjusted by the length of the layoff. Sectloin 12.8 III uimleiumoiriaapfioiui of 2eiifl wirky. Seniority shall be interrupted in the event an employee is laid off, placed on a non -duty disability pension or is granted a leave of absence without pay. When an employee returns from a layoff, non -duty disability or an unpaid leave of absence, his seniority shall be his length of service up to the date of layoff or beginning of the unpaid leave of absence. Seniority shall not be interrupted, and shall continue to accrue, during periods of time when an employee is receiving workers compensation or disability pension benefits for a work related injury. °i'ec�finim 1.2,,9 IIIIiroiur o ic�ins 111E ire Illl.JeOciimiui 1. The Board of Fire and Police Commissioners shall provide for promotion in the Fire Department on the basis of performance on a Written Examination, Ascertained Merit, Subjective Evaluation (oral, tactical and performance potential rating) and seniority in service. All promotional processes that are fire service related will be conducted in accordance with the provisions of the 50 Illinois Compiled Statutes 742/1 et seq. (50 TLCS 742/1 et seq.) All examinations for promotion shall be competitive among such eligible members of the next lower rank as desire to submit themselves for promotion. To be eligible for examination, an applicant must have satisfactorily completed the probationary period for his present rank, have been employed as a Firefighter for a minimum of two (2) years with the Village of Buffalo Grove, and have a cumulative experience of no less than five (5) years as a full-time firefighter employed directly by a municipal, state or federal agency. This includes employment for a fire district, but does not include employment through a private contractor. An applicant for Fire Lieutenant must be certified as a Firefighter III or Advanced Firefighter by the Office of the State Fire Marshal. In addition, an applicant for Fire Lieutenant must have satisfactorily completed all academic coursework and required examinations for certification as a Fire Officer 1 by the Office of the State Fire Marshal. 47 Packet Pg. 174 11.A.b a� c a� L m All personnel who submit themselves to examination will be graded according to® Formatted: Indent: First line: o.s° the following schedule: ar 0 U Oral Interview 15% ca Tactical Assessment 25.5% 0 Performance Potential Rating (PPR) 25.5% Written Exam 25.5% c Seniority 5% LU 0 (1/4% (0.25%) per year for a maximum of twenty (20) years. Seniority based on the date of the orientation as the first component of testing) M Ascertained Merit 3.5% (A.A.S. or A.S. — 2.0%, B.S. or B.A. — 3.5% - maximum a� ca combined score may not exceed 3.5%) Maximum Grade 100% 0 t For the Oral Interview, Tactical Exam and Written Examination, each applicant ar for promotion must be present at the designated testing site at the time designated for the o examination to be held. Any candidate who is not so present will receive a "0" zero for that section as a score. n Q The order of testing for each component of the promotional process shall be the eh Orientation, Oral Interview, Tactical Examination, Performance Potential Rating (PPR) and the Written Examination. Military credit shall be applied as prescribed by Statute 50 ILCS 742/1 et seq. All c claims for points will be based on the Rules and Regulations of the Board of Fire and Police Commissioners. The Board of Fire and Police Commissioners will contract an independent testing ai agency to administer the Tactical Exam. Assessors from said agency must decline ca =_ 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 0 be "Employment Relationships". Fire Department staff or employees will not be part of the Tactical Exam scoring process and will only function in support roles as necessary. ii Outside monitors will be allowed for the process of promotions governed by this N section of the Agreement, in accordance with the Illinois Fire Department Promotion Act N (50 ILCS 742). c Employees who participate in the promotional process will have their past two N annual performance evaluations delivered to the Board of Fire and Police Commissioners with their application to the exam process as a reference document for the Board of Fire L and Police Commissioners without a weighted value for the promotional process. For the 0 48 Packet Pg. 175 11.A.b purpose of completing the PPR rating, personnel who have had a shift change in the past 365 days from the date of the beginning of the testing will be allowed to select the most recent supervisor (Lieutenant), from their most recent previous shift, as the "C" rater within the procedures of the PPR process as contained in the Rules and Regulations of the Board of Fire and Police Commissioners. Participants will be advised of their scores for each individual component of the promotional process within fifteen (15) days of the completion of that process scoring. The one year notification process shall be waived for the first testing cycle that is covered by the ratification of this Agreement. All years thereafter as governed by this Agreement will require a one-year advance notification of the testing process. All other procedural rules and regulations covering promotional preference, eligible roster, appointment and oath of office, certificate of appointment, probation, right of review and voluntary relinquishment of rank will be followed by the Rules and Regulations of the Board of Fire and Police Commissioners and/or 50 ILCS 742/1 et seq. (note: BFPC Rules and Regulations have or will be updated to reflect 50 ILCS 742/1 et seq.) Section 12,,11111, II IIriromillwiwliiiciimi!s.. ilatialuion 4 ]iief" The Fire Chief shall provide a process for promotion in the Fire Liepartnient to the rank of Battalion Chief on the basis of performance on an Interview Assessment Center (oral, tactical and writing), Perfirllrianc e Potential Ratin (ll�), and seniority inin service. All promotional processes that are fire service related will be conducted with both internal and external fire service evaluators. The promotional process for Battalion Chief shall begin with the requirement of qualified candidates completing and returning an "Application for Promotion". This Application outlines the basic requirements for application for promotion to Battalion Chief. It additionally addresses the basic educational requiremcrlts of the position, should such promotion to Battalion Chief be attained. Said Application must be delivered to the Fire Chief or his deli rn�by the date indicated on the applicatiori. Failure to deliver said ap hcation will result in immediate disduahfication from the Current Battalion Chief promotional rop cess, All examinations for promotion shall be competitive ainon�g sttc h c lirible members of the next lower rank as desire to submit them for promotion. To be eligible for examination for Battalion Chief an applicant must have a minimum of one (1 Iyear experience as a Fire Lieutenant with tlae Buffalo Grave Fire Iiepartment. Any employee promoted to the position of Battalion Chief drain the duiation of this Aeement, shall earn a Bachelor I3eree within three (3�years of their promotion, if 49 Formatted: Heading 2, Left Formatted: Line spacing: Multiple 1.1 Packet Pg. 176 one has not prevent the emcee from earlain� a de�xee in this time period, an extension ma.xanted by the Fire Cluef, irs areemerit with the current Union President. Failure to attain a Bachelor's Free within the desi?riated timeframe will result in the removal of the Promoted employee from the i arik of Battalion Chief, and may result in termination. All personnel who submit themselves to examination will bet ailed accordin r to the following schedule: Ascertained Merit** 15% PPR 10% Seniority* 6.5% Oral Interview 30% Assessment Center 50% MaXiMUrn Grade 100% *1!2°/per year fs�r a maximum of'thi-teeii (13 years of service as a Lieutenant. Seniority based on the date of the orientation as the first component of testing. **2,0% for a Bachelor's DgZEee; 3,5% fbr a Master's L3e�ree For the Oral Interview and Assessment Center, each applicant for promotion be preseizt at the designated testing site, and at the time designated for the examination to be held. Any candidate who is �not so present will receive rec�eive a z�croO for that section as a s�C—Ore. The order -ortesting for each component of the promotional process shall be: Application, PPR, Seniority, Oral Interview, anal Assessment Center. Military credit shall be applied as sep. All claims for points will follow the Mules and Ir ns of the Board of Fire and Police Commissioners. The Fire Chief will form ari iridependerit jroup to conduct the Assessment Center. Assessors en 7 cars there exists with a candidate testinff for t�romotion. Mutual Aid, Trainin x or any other special deployment assignments are not _eonsidc�rcdto be jy� staff or emyees wi11 not be part of the Tactical Exam scoring rp ,And wilt only function in support roles if necessary. There will be no outside monitorsforthe process of promotions as governed by -- this Agreement. — Participants will be advised of thei] scores fair each individual component of the promotional process within fifteen (15i days of the completion of that process scoring 50 - - Formatted: Line spacing: Multiple 1.1 IPacket Pg. 177 1 11.A.b The Fire Chief reserves the ri Ait to select candidates for the laromotion to Battalion Chief based on the s)ecifc 'ob description reclnirements of the position. - - ' '1-�r • - ;i-:7-�r-�-,r,..w,,.�; ,. a-aa-es r:.w„ rr,,,.,...sa.,..�, <,.�.4 4,. +fro., ... 7 e dro ;nr °•E7a .E• ca„e-a..f k�l=-�$ H. ,a ,k. .F`dt,; ---------- --i'- t u , r� �rioi 51 i C LL O N O N O N r� V L O U Cl) r� C d E L V r� r� El Packet Pg. 178 11.A.b nre;l;t„�..,,. n,a;+- ➢�.,771.,, 7;,,.7 c r -rd-'c 7�r�r7 „t, A77 ,�� �.:.�,.i7ai-i `7vai�`-�, *-eni=sc-ci-1'<.`-`s"-ies �a����, 4,`...���.4r- ei�-a-P�•o,.,c.,'-.5 ..4` I;`;...�, nil C)„1=;Y,,�.� ffff ih: - ------------z'tu rve Formatted: Left ARTICLE XIII &�xiwii 13.1 FAM,fir°a gm°aaaniunciiimt:. This Agreement constitutes the complete and entire Agreement between the parties and concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein. The Village and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly, waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter, referred to or covered in this Agreement, including the impact of the Village's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment. This paragraph does not waive $2 U M Packet Pg. 179 11.A.b the Union's right to bargain over any subject or matter not referred to or covered in this Agreement which is a mandatory subject of bargaining and concerning which the Village may consider changing during the term of this Agreement. EERNMOMMEM S, ,Icfiioiil 14.1l S"111 111,1gs C 1.1use. In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to the specific Article, Section or portion thereof specifically specified in the board, agency of court decision or subsequent litigation and the remaining parts or portions of this Agreement shall remain in full force and effect. In such event, the parties shall, upon request of either party, upon thirty (30) days notice of any determination, commence good faith bargaining over possible replacement language for the invalidated Article, Section or portion of this Agreement. 53 Packet Pg. 180 11.A.b ® Formatted: Normal, Line spacing: sin CHUMMISM See Iioiiii 1R1� Dt iiiuirafi(iin o1". lmui�t^�iirurm��ur�t:. This Agreement shall be effective as of the day after the Agreement is executed by both parties and shall remain in full force and effect until 11:59 P. M. on the 30th day of April, 2020-1-7. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least ninety (90) days prior to the April 30 anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty (60) days prior to the April 30 anniversary date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new Agreement is reached unless either party gives at least ten (10) days written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding Section. 54 Packet Pg. 181 11.A.b This Agreement executed by Ordinance 7-2XXXX-XX on October XX-29, 20174 by the Village of Buffalo Grove Board of Trustees and signed by: For the Village of Buffalo Grove Dane Bragg Village Manager Arthur A. Malinowski, Jr. Director of Human Resources -Teffei-ic-e-N+.-ALffYr-aWi1liam M. Baker Fire Chief For the Buffalo Grove Professional Firefighter/Paramedic Association Local 3177, IAFF, AFL-CIO, CLC Michael J. Spiro Union President Lawrence M. Lezon Union Vice President �l ]Wfrcdo Caballero Union Secretary 55 Packet Pg. 182 11.A.b APPI9 N1 SIX A........ DRUG/AID,C bIIOL '1 ES' ING. The purpose of this Appendix is to provide forms used by the Village of Buffalo Grove during the implementation of alcohol and drug testing (herein referred to as "testing") of Employees for the presence of prohibited substances pursuant to Section 4.7, Drug and Alcohol Testing Policy (the "Policy"). These procedures are intended as a supervisory guide only and are in no way intended to alter any existing relationship between Village of Buffalo Grove Fire Department (the "Employer") and any Employee. DRUG/ALCOHOL TESTING FORMS EMPLOYEE NOTIFICATION LETTER ACKNOWLEDGMENT OF NOTICE OF POLICY & CONSENT TO TESTING LAST CHANCE AGREEMENT REPORT OF REASONABLE SUSPICION NEW HIRE ACKNOWLEDGMENT, RELEASE AND CONSENT 56 Packet Pg. 183 11.A.b FORM Date: EMPLOYEE NOTIFICATION LETTER Dear Employee: The VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL- CIO, CLC, has ratified a revised drug/alcohol use policy and procedures (the "Policy"). This Policy enhances already existing Employer prohibitions of the use of illicit or inappropriate drugs (herein referred to as prohibited substances. Specifically, it is the policy of the Employer that the use, sale, purchase, transfer, possession or presence in one's system of any prohibited substance (except medications prescribed by a licensed ph�,sieiaxdoctor), including alcohol (unless otherwise permitted by Fire department rules), by any Employee while on fire department premises, while engaged in fire department business, while operating fire department equipment and vehicles (including leased vehicles) is strictly prohibited. This Policy supersedes all prior policies and statements relating to prohibited substances. The Employer will notify and cooperate with law enforcement agencies in the investigation of any Employee suspected of possession of or trafficking in illicit or inappropriate drugs. Any Employee convicted of on-the-job, possession of or trafficking in illicit or inappropriate drugs, or of driving intoxicated will be terminated. Under the procedures adopted, Employees will be subject to testing where the circumstances establish that reasonable suspicion of prohibited substance use exists. Employees will also be required to submit to testing following on-the-job accidents or injuries. Refusal to submit to a properly given request to submit to testing will be considered a violation of Employer policy subjecting the Employee to immediate discipline. In addition, should the federal, state or local rules be revised to include/permit additional testing or limit such testing, the Employer's policy will be revised to comply with those rules. Every safeguard will be taken in the specimen collection process to ensure that all federally mandated chain -of -custody and laboratory criteria will be met. Employee privacy and confidentiality will be vigorously safeguarded. VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT ADHERES TO A POLICY OF NON-DISCRIMINATION AGAINST EMPLOYEES SUFFERING FROM ALCOHOLISM OR DRUG ADDICTION IF PROTECTED UNDER FEDERAL AND STATE GUIDELINES. Packet Pg. 184 11.A.b Any Employee who is presently experiencing difficulty with prohibited substances is encouraged to seek assistance through the Employee Assistance Program. If such assistance is sought prior to being requested to submit to a test, no disciplinary action relating to alcoholism or drug addiction will be taken.BE FOREWARNED, courts have determined that current use of prohibited substances detected by testing may not protect Employees claiming protection under handicap statutes. The following drugs will be tested for: ALCOHOL AMPHETAMINES COCAINE MARIJUANA OPIATE METABOLITES PHENCYCLIDINE (PCP) Any Employee testing positive for the use of prohibited substances may be subject to discipline, up to and including, termination. Very truly yours, Village of Buffalo Grove Fire Department, and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC. By: ={ ;,nee c r William M. Baker Its: Fire Chief Packet Pg. 185 11.A.b FORM ACKNOWLEDGMENT OF NOTICE OF THE VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT AND THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION LOCAL 3177, IAFF, AFL-CIO, CLC DRUG/ALCOHOL USE POLICY AND PROCEDURES AND CONSENT TO TESTING I, , acknowledge receiving written notice of the existence of the Village of Buffalo Grove Fire Department (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, Drug and Alcohol Abuse Policy (the "Policy"). As a condition of continued employment or service to the Employer, I understand and agree that I must not use, buy, sell, accept as a gift, experiment with, traffic in or be otherwise involved with illicit or inappropriate drugs or alcohol (unless otherwise permitted by fire department rules) while on fire department premises, while engaged in fire department business, while operating fire department equipment and vehicles (including leased vehicles). I understand that the Policy does not apply to medication properly taken as prescribed by a licensed physieiandoctor, except as provided by the Policy. I further understand and agree that I may be required to submit to testing on four occasions: I. Where circumstances establish that reasonable suspicion of prohibited substance use exists, or; 2. Following on-the-job moving vehicle accidents resulting in a death(s), or injuries that require medical treatment away from the scene of the vehicle accident, or; 3. Following an on duty injury where the incident may be reported to any state or federal governmental body (i.e., IDOL, OSHA, etc., not OSFM) or; 4. As a follow-up to prior prohibited conduct. I understand, further, that refusal to submit to testing when requested to do so by a supervisor will result in immediate discipline. My signature below indicates my understanding of this Policy and what is expected of me, my consent to be tested and my authorization to release to any collection site personnel, medical review officer or Employer representative the information necessary to comply with this Policy. (Date) (Date) FORM (Employee Signature) (Employer Signature) Packet Pg. 186 11.A.b LAST CHANCE AGREEMENT FOR VIOLATION OF DRUG/ALCOHOL USE POLICY THE BUFFALO GROVE FIRE DEPARTMENT (the "Employer") agreed to your request to seek counseling and referral to a rehabilitation program for alcohol and drug use. The following conditions apply to your rehabilitation program: You must authorize the Employee Assistance Program to provide proof of enrollment in an alcohol and drug abuse rehabilitation program and proof of attendance at all required sessions on a monthly basis to the Fire Chief. The Employer will closely monitor your attendance and will terminate you (cancel your agreement) if you do not regularly attend all required sessions. You will pay for all costs of rehabilitation, which are not covered under the Employer's benefit plan. During the five years following completion of your rehabilitation program, the Employer, under the direction of the Substance Abuse Professional, will test you for alcohol or drug abuse on an unannounced basis, while on duty. The Employer will promptly terminate you (your services) if you refuse to submit to testing or if you test positive during this five-year period. You must meet all established standards of conduct and job performance. The Employer will terminate you (your services) if your on-the-job conduct or job performance is unsatisfactory. Satisfactory performance includes ongoing compliance with the drug testing policy, including testing if there is reasonable suspicion of violation of the prohibition of use. Nothing in this agreement alters your employment status. The Employer hopes its employment relationship with you will be a happy and enduring one. Nevertheless, you remain free to resign your employment (terminate your agreement) at any time for any or no reason without notice. I voluntarily agree to all the above conditions and authorize the Employee Assistance Program to provide the Fire Chief with proof of my enrollment and attendance at the recommended rehabilitation program. (Date) (Employee Signature) (Date) (Employer Signature) FORM Packet Pg. 187 11.A.b BUFFALO GROVE FIRE DEPARTMENT REPORT OF REASONABLE SUSPICION OF THE DRUG/ALCOHOL USE POLICY (This form must be completed the same day the Employee is asked to take a test) I, (Staff Officer), and I, (Lieutenant) have observed behavior in (Employee) that is consistent with the guidelines determining the need for reasonable suspicion drug testing as defined in the Village of Buffalo Grove Fire Department (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, Drug and Alcohol Abuse Policy. The Employer will adhere to the following guidelines when determining the need for reasonable suspicion drug testing: (Circle the observed behavior(s). 1. Direct observation of drug use while at work. 2. Direct observation of physical symptoms or manifestations of being in violation of the Employer's Drug and Alcohol Abuse Policy while at work. 3. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 4. A report of drug abuse, provided by a reliable and credible known source, which has been independently corroborated. 5. Evidence that an individual has tampered with a drug test during his/her employment with the current Employer. 6. Information that an Employee has caused, or contributed to an accident while at work. 7. Evidence that an Employee has used, possessed, sold, solicited, or transferred drugs while working or while on this Employer's premises or while operating this Employer's vehicle, machinery or equipment. Packet Pg. 188 11.A.b NOTES: (Staff Officer) (Lieutenant) (Fire Chief) (Date) (Date) (Date) Packet Pg. 189 11.A.b FORM ACKNOWLEDGMENT, RELEASE AND CONSENT OF THE BUFFALO GROVE FIRE DEPARTMENT DRUG/ALCOHOL USE POLICY AND PROCEDURES I acknowledge that the Village of Buffalo Grove Fire Department (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, has a Drug and Alcohol Abuse Policy (the "Policy") and consent to the following: As a condition for consideration of my application for employment, I agree to undergo screening of my urine for illegal drugs. I further understand and agree that if employed, as a condition of my employment, I will be required to submit to testing for the detection of prohibited substances or alcohol based upon suspicion or following an accident, injury, spill or returning to work after an absence of 30 days or more. I consent to be tested and authorize any physieiandoctor, laboratory, hospital or medical professional, retained by BUFFALO GROVE FIRE DEPARTMENT, to release to any collection site personnel, medical review officer or Employer representative the information necessary to comply with this Policy. I release the physieiftiidoctors, laboratories and couriers or hospitals retained by the BUFFALO GROVE FIRE DEPARTMENT, their Employees, agents, contractors and successors and assigns from any liability whatsoever arising from the request to furnish the urine, the testing of the urine sample and decisions made concerning continued employment based upon the results of the analysis. (Date) (Applicant Signature) (Date) (Employer Signature) Packet Pg. 190 11.A.b APPENDIX B........COMPARABlLE COMM1JNITIIIE 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. H. 12. 13. 14. Elk Grove Village Glenview Gurnee Highland Park Hoffman Estates Morton Grove Mount Prospect Mundelein Niles Northbrook Park Ridge Rolling Meadows Wheeling Wilmette Packet Pg. 191 11.A.c AN AGREEMENT BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE BUFFALO GROVE PROFESSIONAL FIREFIGHTERTARAMEDIC ASSOCIATION LOCAL 3177, IAFF, AFL-CIO, CLC MAY 1, 2017 THROUGH APRIL 30, 2020 Packet Pg. 192 11.A.c Table of Contents AGREEMENT.................................................................................................................... 5 ARTICLEI......................................................................................................................... 5 Section1.1 Recognition.................................................................................................. 5 Section 1.2 Fair Representation...................................................................................... 5 Section 1.3 Non-Discrimination..................................................................................... 6 Section1.4 Gender.......................................................................................................... 6 ARTICLE11........................................................................................................................ 6 Section 2.1 Use of Bulletin Board.................................................................................. 6 ARTICLEIII....................................................................................................................... 6 Section 3.1 Management Rights..................................................................................... 6 Section 3.2 Contracting Out............................................................................................ 7 Section 3.3 Precedence of Agreement............................................................................ 7 ARTICLEIV...................................................................................................................... 8 Section 4.1 Safety Committee......................................................................................... 8 Section 4.2 Standard Operating Procedures/Guidelines Task Force Committee........... 8 Section 4.3 Labor -Management Committee................................................................... 8 Section 4.4 Promulgation of New or Revised Rules ....................................................... 9 Section 4.5 Wellness/Fitness Program............................................................................ 9 Section 4.6 Return to Work After Illness/Injury........................................................... 10 Section 4.7 Drug and Alcohol Testing Policy.............................................................. 11 Section 4.8 Performance Evaluation Plan..................................................................... 14 Section 4.9 Secondary Employment............................................................................. 14 ARTICLEV...................................................................................................................... 15 Section5.1 No Smoking............................................................................................... 15 Section5.2 Residency................................................................................................... 15 ARTICLEVI.................................................................................................................... 15 Section6.1 Salaries....................................................................................................... 15 Section 6.2 Wage and Benefit Reopener...................................................................... 17 Section6.3 Overtime.................................................................................................... 17 Section 6.4 Training Overtime...................................................................................... 18 Section6.5 Longevity................................................................................................... 18 Section 6.6 Temporary Assignment to Higher Level Position ..................................... 19 Section6.7 Call Backs.................................................................................................. 19 2 Packet Pg. 193 11.A.c Section 6.8 Health/Dental/Vision Benefits................................................................... 19 Section 6.9 Health/Dental/Vision Benefits Reopener................................................... 21 Section 6.10 Special Duty Pay...................................................................................... 21 Section 6.11 Attendance at Grievance Meetings.......................................................... 21 ARTICLEVII................................................................................................................... 22 Section7.1 Definitions.................................................................................................. 22 Section7.2 Holidays..................................................................................................... 22 Section7.3 Kelly Days................................................................................................. 23 Section7.4 Sick Leave.................................................................................................. 23 Section7.5 When Taken............................................................................................... 24 Section7.6 Accrual....................................................................................................... 24 Section 7.7 Accrued Sick Leave................................................................................... 24 Section 7.8 Medical Certificate..................................................................................... 26 Section7.9 Light Duty.................................................................................................. 27 Section7.10 Vacation................................................................................................... 27 Section 7.11 Hours and Duration.................................................................................. 28 Section 7.12 Compensatory Time................................................................................. 28 Section 7.13 Selection of Scheduled Days Off............................................................. 28 ARTICLEVIII.................................................................................................................. 28 Section 8.1 Grievance-Definition................................................................................. 28 Section8.2 Procedure................................................................................................... 29 Section8.3 Arbitration.................................................................................................. 30 Section 8.4 Limitations On Authority of Arbitrator..................................................... 31 Section 8.5 Time Limit for Filing................................................................................. 32 Section 8.6 Miscellaneous............................................................................................ 32 ARTICLEIX.................................................................................................................... 32 Section9.1 No Strike.................................................................................................... 32 Section9.2 No Lockout................................................................................................ 33 ARTICLEX...................................................................................................................... 33 Section 10.1 Discipline and Discharge Investigations.................................................. 33 Section 10.2 Performance Improvement Plan.............................................................. 37 ARTICLEXI.................................................................................................................... 37 Section 11.1 Dues Checkoff......................................................................................... 37 Section11.2 Fair Share................................................................................................. 38 3 Packet Pg. 194 11.A.c ARTICLEXII................................................................................................................... 38 Section 12.1 Definition of Seniority............................................................................. 38 Section 12.2 Probationary Period................................................................................. 39 Section 12.3 Seniority List............................................................................................ 39 Section12.4 Layoff ...................................................................................................... 39 Section12.5 Recall....................................................................................................... 39 Section 12.6 Termination of Seniority.......................................................................... 40 Section 12.7 Effects of Layoff...................................................................................... 40 Section 12.8 Interruption of Seniority.......................................................................... 41 Section 12.9 Promotions -Fire Lieutenant..................................................................... 41 Section 12.10 Promotions -Battalion Chief................................................................... 43 ARTICLE XIII.................................................................................................................. 44 Section 13.1 Entire Agreement..................................................................................... 44 ARTICLEXIV.................................................................................................................. 45 Section 14.1 Savings Clause......................................................................................... 45 ARTICLEXV................................................................................................................... 46 Section 15.1 Duration of Agreement............................................................................ 46 APPENDIX A — DRUG/ALCOHOL TESTING.............................................................. 48 APPENDIX B — COMPARABLE COMMUNITIES........................................................B M Packet Pg. 195 11.A.c This Agreement is made and entered into by and between the Village of Buffalo Grove, Illinois (hereinafter referred to as the "Village"), and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, of the International Association of Fire Fighters, AFL-CIO, CLC, (hereinafter referred to as the "Union"). It is the intent and purpose of this Agreement to set forth the parties' entire Agreement with respect to the rates of pay, hours of employment, fringe benefits, and other conditions of employment that will be in effect during the term of this Agreement for employees covered by this Agreement; to prevent interruptions of work and interference with the operations of the Village; to encourage and improve efficiency and productivity; and to provide procedures for the prompt and peaceful adjustment of grievances, as provided herein. The Union agrees that its membership is committed to excellence in carrying out the duties and mission of the fire department and the Union executive board agrees it has a duty to address substandard performance among its members. Now, therefore, the parties agree as follows: ARTICLE I Seefloiuimi 1.1 Re ogiu�fl4loo:uiin. The Village recognizes the Union as the sole and exclusive bargaining representative for all full time Firefighter/Paramedics and Lieutenants employed by the Village of Buffalo in the classifications or ranks of Firefighter/Paramedics and Lieutenants, but excluding Deputy Fire Chiefs, Battalion Chiefs, managerial, all part time or temporary employees, all civilian employees, and all other employees of the Department and the Village. S'ectioiiiiiii 1.2 Fah- Representation. The Union recognizes its responsibility as bargaining agent, and agrees fairly to represent all employees in the bargaining unit, whether or not they are members of the Union. The Union further agrees to indemnify and hold harmless the Village and its officials, representatives and agents from any and all claims, demands, suits or other forms of liability, (monetary or otherwise). In addition, the Union shall be responsible for paying all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair representation, although indemnification shall not be extended due to errors that are solely the fault of the Village. 5 Packet Pg. 196 11.A.c Secti oiuir, 3 �wrm . lsrr�rrrrruuuu�stl:m�ur'iui. In accordance with applicable law, neither the Village nor the Union shall discriminate against any employee covered by this Agreement because of race, sex, age, religion, creed, color, national origin, sexual orientation, Union membership or non- membership or political affiliation. Any formal dispute concerning the interpretation and application of this paragraph shall be processed through the appropriate federal or state agency or court rather than through the grievance procedure set forth in this Agreement. i ,4 G In this Agreement the words "he", "his", and "him", shall connote both masculine and feminine genders. A.ITICL➢C", II Slss:tloiuiuu 2 1 Use o�l` Muuiiefin Board The The Village will allow the Union to place a bulletin board in the bunk rooms of each fire station for the posting of official Union notices of a non -partisan, non - derogatory nature. The Union will limit the posting of Union notices to such bulletin boards. Sec.Olioiii 11 Maiiiageiiineiui�it ltl;t;hts. Except as specifically limited by the express provisions of this Agreement, the Village retains all traditional rights to manage and direct the affairs of the Village in all of its various aspects, and to manage and direct its employees to make and implement decisions with respect to the operation and the management of its operations, in all respects, including all rights and authority possessed or exercised by the Village prior to the execution of this Agreement. These rights and authority include, but are not limited to, the following: to plan, direct, control and determine all the operations and services of the Village; to determine the Village's budget and budgetary priorities; to levy taxes; to supervise and direct the working forces; to establish the qualifications for employment, and to employ personnel; to schedule and assign work; to establish work and productivity 6 Packet Pg. 197 11.A.c standards and, from time to time, to change these standards; to assign overtime; to determine the methods, means, organization and number of personnel by which operations are conducted; to determine whether the services to be provided by employees covered by this Agreement, or by other employees, or non -employees not covered by this Agreement; to determine whether services may be contracted or sub -contracted out; to make, alter and enforce reasonable rules, regulations, orders and policies (provided that only rules, regulations, orders and policies that are mandatory subjects of bargaining shall be subject to the grievance and arbitration procedure); to enforce and alter those provisions covered under the Village of Buffalo Grove Personnel Rules, to enforce and alter the Buffalo Grove Fire Department Standard Operating Procedures Manual and Fire Department Rules and Regulations; to evaluate employees; to discipline, suspend, and discharge employees for just cause in accordance with the Fire Department rules and policies, the Board of Fire and Police Commission rules and regulations, and the Illinois Board of Fire and Police Commissioners Act; to change or eliminate existing methods, equipment or facilities; and to carry out the mission of the Village; provided, however, that the exercise of any of the above rights shall not conflict with any of the expressed, written provisions of this Agreement. tedioiiii� i 2 g''cinttur°ac iiiig Out. No employee shall be laid off as a result of any decision by the Village to subcontract any work performed by employees covered by this Agreement. If subcontracting is a factor in the decision not to hire additional Village employees as firefighter/paramedics, the Village will give the Union at least ninety (90) days advance notice of the effective date of the decision. The Village will discuss the issue with the Union. Additionally, current staffing levels of employees covered by this Agreement will not be subject to subcontracting decisions by the Village. Only additional staffing needs above the current staffing levels may be considered by the Village and Department from time to time will be subject to subcontracting. o��:'�"�".t00�;�1iii � .w �I_IIIII �"'".edeii11ice (:iiiii t llrli°i'�c 0iiiii(nt:" If there is a conflict between a specific provision of this Agreement and a specific provision of a Village ordinance or a written rule, regulation, directive, policy, or procedure which may be in effect from time to time, the specific provision(s) of this Agreement for its duration, shall take precedence. 7 Packet Pg. 198 11.A.c ERVIDWIMM Srrt oiuii 4.1 Safet,v, S°cinrru ittee,,ii, The Village and the Union recognize the importance of maintaining a Fire Department Safety Committee to address safety issues within the department and to promote the safety, welfare and physical wellbeing of all Fire Department personnel. The Safety Committee shall be comprised of five (5) members, at least three (3) of which will be Firefighter/Paramedics, one (1) Lieutenant, and one (1) Battalion Chief (Safety Officer). The Fire Department Safety Officer shall serve as Chairman. At least one member shall be appointed by the Union. e ctioiiii�m� . ��. taiiiitl.a d Operatingfr°�.���.�,rlo�ur°���. /5����u�iurlolllluu�r��„s l �� l Foil-c �ii � m � �° � � � � u "e CoIIICo�rmrWll,oe�.� Effective with this Agreement, The Fire Chief may establish an SOP Task Force. The purpose of this Task Force will be to complete the review of the current SOP manual and divide it into "Standard Operating Procedures" (SOP's) and "Standard Operating Guidelines" (SOG's). The SOP Task Force also has the responsibility to make any recommendations to the Fire Chief for changes in the SOP or SOG manuals as necessary but is only in the form of recommendations and may or may not be accepted by the Fire Chief. Once this is complete, the task force will remain idle until such time the Fire Chief deems it necessary to activate them for the purpose of a particular SOP review. At no time will the SOP Task Force be charged with the review or consideration of SOP's that involve mandatory subjects of bargaining. Those items will be addressed through the Labor Management Committee as established in Section 4.3 of this Agreement, or through the normal negotiation process at the end of this or any Agreement. Sectioiiii 4Coliiiiiiiiii1lee. The Village and Union recognize the need to communicate on a regular basis throughout the term of this Agreement. In order to facilitate an open and candid exchange of information, a Labor -Management Committee will be the forum for these communications. The purpose of the Committee is to establish a regular pattern of meetings to discuss issues of mutual concern. The Labor -Management Committee may be comprised of the following: For the Village -- Fire Chief, Deputy Chiefs, Battalion Chiefs, Village Manager, Director of Human Resources, and Director of Finance. 3 Packet Pg. 199 11.A.c For the Union -- Union President, Vice -President, Secretary, three (3) Shift Stewards and Lieutenant representative. The Committee shall meet at least four (4) times in a calendar year unless the parties mutually agree to meet more or less. If any Labor -Management Committee meeting is scheduled during work hours of an employee, such employee(s) shall be released from duty to attend such meeting without loss of pay. The Labor -Management Committee process shall include the opportunity for the Union President, Fire Chief or Village Manager to schedule a meeting, the purpose of which will be to discuss issues affecting members of the bargaining unit with members of Village and Department senior staff. This meeting is to be facilitated by the Village Manager and Director of Human Resources. sectiolill l`uuwoni:nilgalion oi'rsfeiv oir Revised iio Mlles. The Fire Department agrees to notify the Union in advance of promulgating or implementing any new or revised rules and regulations or Board of Police and Fire Commissioners rules and regulations which constitute mandatory subjects of bargaining within the meaning of the Illinois Public Relations Act. Such notice shall be afforded sufficiently in advance of the purpose and effective date of the proposed change to allow the Union a fair opportunity to review and offer effective input as to the proposed change See lo ill,, 14.5Illlllll e /IIII� Itau�m�r IIII '�ui� �u�q� �u� �i���� The Village and Union agree that both parties will support a proactive mandatory wellness/physical fitness program. Both parties agree that the program is to improve the quality of life of all personnel. The Union agrees that it must work to ensure that each member has the opportunity to attain and maintain a healthy body and mind so each member can perform their work duties. This program is based not only on physical fitness and wellness, but is a supplement to competency within firefighting drill standards and the ability for firefighters to carry out their duties. The wellness/fitness program shall be a positive program and not punitive in any way, no employee will be disciplined for failure to meet each and every goal that may be established as long as the employee makes a good faith effort to meet any such goals, and any failure to physically perform does not demonstrate a substantial risk exists that the employee cannot perform the essential duties of his/her job at an acceptable level. Both parties agree to use the IAFF/IAFC Fire Service Joint Labor Management Wellness -Fitness Initiative, Second Edition in its entirety, with the exception of the yearly physicals and reserve the right to review and adopt, subject to mutual agreement, 9 Packet Pg. 200 11.A.c new versions as published in part or in total. The current department's physical schedule will be used. The program will be administered by the physical fitness committee. The Wellness -Fitness Initiative will be fully implemented within eighteen months of the contract ratification and will be mutually agreed upon by the Village and the Union. Employees who are not able to meet the standards within the Wellness -Fitness Initiative will be counseled and will seek the assistance from a physical fitness committee peer fitness trainer who will provide specific guidelines for rehabilitation and remedial support for meeting those standards. An employee's participation in the mandatory wellness/physical fitness program shall occur during the employee's tour of duty or during the two (2) hours immediately prior to or after their shift. Employees may choose to participate in the physical fitness program up to two hours before or two hours after their shift and will be covered by workman's compensation. All personnel shall participate in a mandatory, annual, non -punitive fitness assessment, as a part of this data gathering process, to assess their individual fitness capacity. Srr.tloiuii 41.6 I eOL11uuu11"11 ftil Vorll .fticuu- [iiuuir /fug"uilur° ,a All employees returning to work after injury or illness situations, whether they are duty or non -duty related, may be required to have a release from the employee's doctor. The Village will provide information on fitness standards to the employee, who will then provide this information and documentation to the employee's doctor or physical therapist to aid in any injury recovery efforts. The department may require the employee to obtain a release from a doctor selected and fully compensated by the Village prior to returning to work. The doctor will review the employee's overall health as it relates to the job description, duties and any other job related criteria which are considered to be the essential functions of the job in order to determine whether an individual is physically and mentally able to perform essential job duties without undue risk or harm to themselves or others. The doctor may use the data collected from the individual's fitness history as a measure in making this determination. In addition, and based on BGFD SOP 101.36, employees may be required to perform essential job functions specifically related to the injury prior to returning to full duty as prescribed by the doctor. If the employee is not cleared to return to work by the Village's doctor, a third doctor will be selected by the Village's and employee's doctor(s) in an expeditious manner with the assistance of the Village's Human Resource Director. The employee will then be sent to the third doctor. The third doctor will then determine if the employee is cleared to return to work. The cost of the third doctor will be equally divided by the Village and the employee. An employee not cleared to return to work may apply for sick 10 Packet Pg. 201 11.A.c leave or any other leave of absence as provided by this Agreement and/or for disability pension to the extent provided by State statutes. Employees who are off work for a non-OJI and are required to see the Village's doctor prior to returning to work will be compensated at the rate of two (2) hours of straight pay in lieu of two (2) hours of sick pay and will require verification by the doctor's office.. Under no circumstances shall overtime, premium, or additional straight pay be paid in this situation. Employees who are perceived to be physically and/or mentally unfit for duty shall be evaluated by an appropriate medical/mental health doctordoctor(s) of the Village's choosing. If a medical/mental health doctordoctor determines an employee is physically and/or mentally unfit, the Village retains the right to remove them from active duty. In the event that a medical/mental health doctordoctor of the Village's choosing determines that an employee is physically and/or mentally unfit for duty, the employee may request a second opinion. The second opinion will be paid for by the employee and chosen by the employee and must be a medical/mental health doctordoctor specializing in the field related to the unfit determination and must be part of the Village's doctor health insurance network. If the first and second opinion conflict a third medical/mental health doctordoctor may be selected as in the standard above for injuries or illness and the opinion of the third medical/mental health doctordoctor doctorshall prevail. The expenses incurred for the third medical/mental health doctordoctor doctorwill be equally split between the employee and the Village. The Village retains the right to remove from active duty any employee who has been determined to be unfit for duty by a medical/mental health doctordoctor via a fitness for duty evaluation. Following all procedures contained in the Standard Operating Procedures of the department. i ( �� oiuimi :.�7 MAUii auuid Vlkqjihiimllll Testing INIltCy����� Employees are a most valued part of the Village of Buffalo Grove Fire Department (the "employer"). Their health and safety are serious employer concerns. Drug use and alcohol misuse may pose a serious threat to employee health and safety. It is, therefore, the policy of the employer to prevent substance use or abuse from having an adverse effect on our employees. Both the employer and employees maintain that the work environment is safer and more productive without the presence of illicit or inappropriate drugs or alcohol (herein referred to as "prohibited substances") in the body or on fire department property. Furthermore, all employees have a right to work in a drug -free environment and to work with individuals free from the effects of prohibited substances. Employees who use or abuse prohibited substances are a danger to themselves, their co-workers, our customers, the public and the employer's assets. 11 Packet Pg. 202 11.A.c The adverse impact of substance abuse at work has been recognized by the federal government and many states. The employer may utilize the regulations issued by the federal government as its standard and is committed to maintaining a drug -free workplace. Where applicable, state laws which differ will supersede this general policy and will be followed for employees in this state. All employees are advised that remaining drug -free are conditions of continued employment or service with the employer. Specifically, it is the policy of the employer that the use, sale, purchase, transfer, possession or presence in one's system of any prohibited substance (except medications prescribed by a licensed doctor), including alcohol (unless otherwise permitted by Fire Department rules), by any employee while on fire department premises, while engaged in fire department business, while operating fire department equipment and vehicles (including leased vehicles) is strictly prohibited. The employer will notify and cooperate with law enforcement agencies in the investigation of any employee suspected of possession of or trafficking in illicit or inappropriate drugs. All employees will be subject to testing where circumstances establish that reasonable suspicion of prohibited substance use exists, or following on-the-job moving vehicle accidents resulting in a death(s), or injuries that require medical treatment away from the scene of the accident, or following an on duty injury where the incident may be reported to any state or federal governmental body, (i.e., IDOL, OSHA, etc., not OSFM), or as a follow-up to prior prohibited conduct. Employees returning to duty following a violation of this policy will be subject to testing and must submit to follow-up tests for as long as five (5) years. Any employee who tests positive may be subject to discipline. Any employee who refuses to comply with a proper request to submit to testing or who fails to cooperate in the test process will be subject to the same discipline as a positive drug/alcohol test result. These procedures are designed not only to detect violations of this policy, but also to ensure fairness to each employee. Every effort will be made to maintain the dignity of employees involved. Disciplinary action will, however, be taken as necessary. Neither this policy nor any of its terms are intended to create a contract of employment, or to alter the existing employment or contractual relationship in any way. Program Summary: A. Employer Contact. All questions or concerns should be directed to the Fire Chief at (847) 537-0995 or your immediate supervisor. B. When Compliance is Required. All those subject to this policy are expected to refrain from prohibited conduct prior to performing assigned tasks, while performing such tasks and in post -accident cases for eight hours after the accident or until tested. 12 Packet Pg. 203 11.A.c C. Prohibited Conduct. The following conduct is prohibited: 1. Controlled substance use at any time, except as prescribed by a doctor; 2. Having a blood alcohol concentration (BAC) breath test result that equals or exceeds 0.04%; 3. Consuming alcohol within four (4) hours prior to reporting for a duty; 4. Consuming alcohol on the job; 5. Consuming alcohol within the eight (8) hours following an accident or until tested; 6. Behavior or ability to perform due to the use of prohibited substances; 7. Refusing to test; 8. Failure to cooperate in the testing process; 9. Possession of alcohol on Employer premises, except in personal vehicles or as permitted by Department. D. Test Events. Employees may be tested based on four (4) circumstances: 1. Where circumstances establish that reasonable suspicion of prohibited use exists; or 2. Following on-the-job moving vehicle accidents resulting in a death(s), or injuries that require medical treatment away from the scene of the vehicle accident, or; 3. Following an on duty injury where the incident may be reported to any state or federal governmental body (i.e. IDOL, OSHA, etc., not OSFM), or: 4. As a follow-up to prohibited conduct. E. Test Procedures. Drug and alcohol testing procedures will be implemented in accordance with the Federal Department of Transportation procedure Title 49 CFR Part 40 et al (Updated May 4, 2012), with the following exclusions: 1. Random drug testing of employees will not be conducted, and 2. Forms used to document the testing process will be determined by the agency/laboratory conducting the test. F. Condition of Employment. Submitting to testing as required by this policy is a condition of employment and continued employment with the Employer. G. Refusal. Any Employee who refuses to submit to a request to test will be subject to discipline. Refusal includes failure to timely report to a designated testing site (collection site) and the failure to execute all required test documents. H. Consequences of Violation. Any Employee who is found to have violated this policy will be subject to the disciplinary procedure as described in the discipline/appeal of test results section of this policy. I. Seeking Assistance for a Prohibited Substance. Any employee who is presently experiencing difficulty with prohibited substances is encouraged to seek assistance through the Employee Assistance Program (EAP). If such assistance is 13 Packet Pg. 204 11.A.c sought prior to being requested to submit to a test, no disciplinary action relating to alcoholism or drug addiction will be taken. J. Forms used by the Village when testing is required are located in Appendix A. (Tti The Village and Union recognize that the Performance Evaluation Plan is a vehicle intended to measure and evaluate on-the-job performance. The employees "short" 6 month evaluation is for first half of current year and completed by employees current supervisor and discussed with the employee in July/August of the current year. The employee shall receive a final copy evaluation no more than forty-five (45) days after the date on which they receive their evaluation. Both parties agree to discuss the timeline of evaluations during a future Labor Management Meeting. If an employee has a disagreement with his/her evaluation, the first step of review will be at the level of the employee's immediate supervisor. If the immediate supervisor cannot resolve the disagreement, the next step will be to have the employee's Battalion Chief review the evaluation. If at the step the employee's disagreement is not resolved the employee may then appeal to the Fire Chief in conjunction with the Director of Human Resources. If the employee's disagreement is not resolved at this level, the employee may then meet with the Village Manager as a final step of appeal. The findings of the Village Manager will be deemed the final resolution and his findings may not be grieved. All final resolutions, no matter at what level, will be in writing. For the first and second step of this process the time frame allotment will be fifteen (15) days for the appropriate level or response. For the remaining steps the time frame will be twenty (20) days for the appropriate response. Days are counted as business days, Monday — Friday. All goals and objectives given by a supervisor will be realistic, attainable and discussed with the employee. Goals that are mandated by the department will be supported or funded by the department. Performance evaluations will also be conducted pursuant to BGFD SOP 14.93 Performance Evaluation, as created and in effect August 1, 2014. sectioliiuu 14.9 ;rouiriu1(:i. uuw),IIII'��ui uu� llll m�„ uuu� iu�mr ����� Employees and the Department shall follow the BGFD SOP 101.21 Hours and Duration, revised 01/01/2017, as in practice on May 01. 2017. 14 Packet Pg. 205 11.A.c ARTICLE V See loiuimi 5.1 No gui�v�i�oWiig�w Employees covered under this Agreement shall restrict their smoking to the designated smoking areas, in accordance with state law. Sectioiiim, 5.2 lltesideiiicy. There will be no residency requirements for employees covered under this Agreement. AR'I IC I.,E VI Sldioiuii 6.1 SWaiir°lies. The Village agrees to place the maximum base pay for Lieutenant/Paramedic and Firefighter/Paramedic at the nearest step one-half percent (1 /2%) above the third (3`d) highest agreed upon comparable community, prior to the Village position being included For purposes of determining the salaries of job titles within the bargaining unit, for the duration of this Agreement longevity pay at 15 years and stipends shall be added to the "base" salaries of all comparables, as well as those of the Village. Only the following stipends will be applied in the formula: I. Firefighter/Paramedic: Firefighter III or Advanced Firefighter, Fire Apparatus Engineer, Shift Reduction and Paramedic 2. Lieutenant: Paramedic, Shift Reduction and Fire Officer I Collectively, these components shall determine the base salary for each comparable community. For the purpose of determining the general wage increase of comparable communities who have not yet resolved their annual wages by the date of the Buffalo Grove wage reopener, the average of the actual general wage increase and above referenced stipends granted by comparable communities shall be calculated and applied for that time frame. 15 Packet Pg. 206 11.A.c Salary Schedule — May 1, 2017 to April 30, 2018 Effective: May 1, 2017 A. Firefighter/Paramedic (2.00% Increase): 1. The minimum and entrance salary at Step 257 as delineated in the Village of Buffalo Grove's Municipal Classification and Pay Plan, or $61,674.08; and, 2. The maximum salary, exclusive of overtime pay shall be at Step 355 or $100,549.28. B. Fire Lieutenant/Paramedic (2.00% Increase): 1. The minimum and entrance salary at Step 365 as delineated in the Village of Buffalo Grove's Municipal Classification and Pay Plan, or $105,691.04; and, 2. The maximum salary exclusive of overtime pay shall be at Step 384 or $116,197.12. C. Fire Lieutenant/Non-Paramedic (2.00% Increase): 1. The minimum and entrance salary at Step361 as delineated in the Village of Buffalo Grove's Municipal Classification and Pay Plan, or $103,602.72; and, 2. The maximum salary exclusive of overtime pay shall be at Step 380 or $113,900.80. Stec Plan Illustration — Firefiahter/Paramedic —Effective: Mav 1.2017 Starting pay: $61,674.08 (Step 257) Pay after first compete year of employment: $66,135.68 (Step 271) Pay after second complete year of employment: $70, 917.60 (Step 285) Pay after third compete year of employment: $76,044.80 (Step 299) Pay after fourth complete year of employment: $81,546.40 (Step 313) Pay after fifth complete year of employment: $87,443.20 (Step 327) Pay after sixth complete year of employment: $93,766.40 (Step 341) Pay after seven or more complete years of employment: $100,549.28 (Step 355) Fire Lieutenant/Paramedic — Effective: May 1, 2017 Starting pay (newly promoted): $105,691.04 (Step 365) Pay after first complete year of employment: $111,096.96 (Step 375) Pay after two or more complete years of employment: $116,197.12 (Step 384) Fire Lieutenant/Non-Paramedic — Effective: May 1, 2017 Starting pay (newly promoted): $103,602.72 (Step 361) Pay after first complete year of employment: $108,902.56 (Step 371) Pay after two or more complete years of employment: $113,900.80 (Step 380) Employees promoted to the rank of Fire Lieutenant shall maintain Paramedic certification during any probationary period. Current Paramedic Lieutenants wishing to decertify shall decertify to a CPR/Basic First Aid status (Non -Paramedic). 16 Packet Pg. 207 11.A.c See.lioiiii 6.2 Wageand Benefit JRei�ilm�eneu* Unless explicitly provided elsewhere in this Agreement, no other changes modifications shall be made to this Agreement except that each party has the option to reopen the Agreement as follows: A. In the month of March of the second year of this Agreement (2018), either party may reopen Article VI, Section 6.1 — Salaries and each party may also discuss one additional issue to negotiate. B. In the month of March of the third year of this Agreement (2019) either party may reopen Article VI, Section 6.1 — Salaries and Section 6.8 — Health Benefits and each party may discuss one additional issue to negotiate. C. The parties agree that nothing herein prohibits the opening of negotiations in 2020 for a successor Agreement prior to the expiration of this Agreement on April 30, 2020. See.tioiuii, 6 3 t.lverlioiriie,,, A. Overtime hours shall be non-scheduled hours worked in excess of the work week when worked at the specific direction or with the approval of the immediate supervisor and shall be paid at one and one-half times the employee's regular straight time hourly rate of pay. An employee's regular straight time hourly rate of pay for overtime pay purposes shall be computed as follows: the employee's annual salary shall be divided by 110.6 to determine the rate of pay for one twenty-four (24) hour shift which in turn, shall be divided by twenty-four (24) to determine the employee's regular straight time hourly rate of pay. B. Overtime shall start seven (7) minutes past the normal shift when an employee is held over because of a call or when another employee reports late for work. In cases when an employee is held over because of a call after 0822 hours, employees will be paid one hour minimum overtime for the first hour. In all other instances, overtime will be paid in quarter hour increments based on the seven (7) minute windows. Example: Ox08 hours until Ox22 hours = .25 overtime Ox23 hours until Ox37 hours = .50 hours overtime Ox38 hours until Ox52 hours = .75 hours overtime Ox53 hours until Ox07 hours = 1 hour overtime. C. Forcebacks for Thanksgiving and Christmas Day shall be paid at two times the employee's regular straight -time hourly rate of pay. D. Employees shall be paid one and one-half the employee's regular straight time hourly rate of pay for regularly scheduled hours of work which are actually worked in excess of two hundred twelve (212) hours in the employee's normal 28 day work cycle (or in excess of the applicable hours ceiling under the Fair Labor 17 Packet Pg. 208 11.A.c Standards Act should the Village designate different FLSA employee work cycles in accordance with the Fair Labor Standards Act.) E. Overtime shall also be paid for clinical time required to maintain EMT-P status. 6� i011ui11 0%,ei tilille. Employees shall be paid at one and one-half times the employee's regular straight time hourly rate of pay for attending department sponsored school training in compliance with BGFD SOP 700.01 and in the same manner outlined in Section 6.3 Overtime. Personnel will be paid time -and -one-half for taking required OSFM exams under the following conditions: 1. Personnel must sign up for the exam within thirty (30) days of the completion of the course, provided the State exam is not given as part of the class; 2. Personnel must take the exam within ninety (90) days of the completion of the course; 3. Personnel will be paid for the maximum amount of time allotted by the State for completion of the exam, regardless of the actual time it takes the employee to complete the exam; 4. Payment will only be provided upon proof of passing the exam; 5. Payment will also only be provided for taking the exam once, regardless of the amount of times required to successfully pass; 6. If personnel do not meet the above listed parameters, no pay will be given for the exam. S(Tt oiuii 6 5 Loiig1,,ei,Hy�,„ Employees shall be eligible for longevity pay beginning with the fifth anniversary of their original employment date. Longevity awards will be presented on the employee's anniversary date according to the following schedule and are subject to deductions: Years of Service Award 5 through 9 $400 10 through 14 $600 15 through 19 $800 20 or more $1,000 Packet Pg. 209 11.A.c Sectioiiii, 8 6 ":i'eriipoii,-arA i1';;nin(lizi too llijgljlliier LeNNel IllfI'o uu ioiiiiui. When an employee, at the direction of the Village, is assigned to perform the duties of the position of Acting Lieutenant or Acting Shift Commander that employee will be compensated at a rate equal to the pay scale of the top pay of their current rank plus 5%. In situations where Firefighter/Paramedics are assigned to fill in for a Lieutenant who is performing other duties in the Village, they will be paid Acting Lieutenant pay after a minimum of three (3) consecutive hours worked in the capacity of Acting Lieutenant in any twenty-four (24) hour period. This Section shall not apply to callbacks or Special Duty assignments. Sec, oiiii 6.7 Ca]lllll Backs. All General call backs shall be paid at time and one half and for a minimum of one (1) hour. 8eat:toiuii, 8 8 licallli, Dental and Vision llene ism The Village shall grant employees covered by this Agreement, except as specifically and expressly limited by this Agreement, all benefits and provisions including but not limited to the following: life, health, dental and vision insurance, vacation leave, special leave and uniform provisions as granted under the Buffalo Grove Personnel Rules as set forth on June 1, 1984; and changed thereafter. BENEFITS: Employees covered under the Agreement shall receive the same health, dental and vision benefits granted to the Village's non -union employees, including, but not limited to plan design and premium contribution. 1. All employees who elect Health Insurance coverage will pay a premium contribution equal to fifteen percent (15%) of the premium for that class of coverage. 2. There will not be any financial contribution for participation in the dental or vision component of the health insurance program. 19 Packet Pg. 210 11.A.c 3. The Village may make reasonable changes to the structure of the plans without the approval of the bargaining unit. Including, but not limited to the replacement of the HMO with an EPO or PPO. All employee premium contributions will automatically be taken out of an employee's check on a pre-tax basis via Section 125 of the Internal Revenue Code. This means that employees will not pay taxes on the premium contributions. Nothing set forth herein shall prohibit the right of the Village to obtain other hospitalization and major medical benefits or change such benefits under a different program or with a different insurance company (including self-insurance), provided the basic level of coverage and benefits are substantially similar. The Village will notify the employees, in writing, of any changes in the basic level of coverage and/or benefits. The Village reserves the right to institute cost containment measures regarding insurance coverage. Such changes may include, but are not limited to mandatory second opinions for elective surgery, pre -admission and continued admission review, prohibition of week end admissions except in emergency situations, and mandatory outpatient elective surgery for certain designated surgical procedures. Dental Insurance. Employees may elect to participate in any dental insurance program for themselves and their dependents which the Village of Buffalo Grove has provided to Village employees generally. The Village shall be responsible for one hundred percent (100%) of the costs of such dental insurance for both employee and dependent coverage. Vision Insurance. Employees may elect to participate in any vision insurance program for themselves and their dependents which the Village of Buffalo Grove has provided to Village employees generally. The Village shall be responsible for one hundred percent (100%) of the costs of such vision insurance for both employee and dependent coverage. Terms of Policies to Govern. The extent of coverage under the insurance policies referred to in this Article shall be governed by the terms and conditions set forth in said policies. Any questions concerning coverage shall be resolved in accordance with the terms and conditions in said policy and shall not be subject to the grievance procedure set forth in this Agreement. Group Term Life Insurance - No Employee Contribution 1 X Employee's Annual Salary Health Insurance Incentive Amounts 20 Packet Pg. 211 11.A.c The Village will pay into each employee's Flex Spending Account the following amounts, based on the health insurance plan chosen by the employee during the formal open enrollment period: Year PPO Family PPO Single +1 PPO Single 2018 $500 $250 $125 2019 $250 $125 $62.50 2020 $125 $62.50 $31.25 Year HMO Family HMO Single +1 HMO Single 2018 $1000* $500 $250 2019 $500 $250 $125 2020 $250 $125 $62.50 *For any amounts above $500, the first $500 will be deposited into the employee's FSA account and the remaining amount will be used to reduce the employee's premium contribution over a 12 month period. New employees covered by this agreement will receive a prorated incentive based on the month coverage begins. SkTfioiuiuu 6 mt Deuiciurtall aii,iuid Visicutn llenelit Reopeii«ieiui�w�, The parties agree to meet according to Article VI, Section 6.2 — Wage and Benefit Reopener to discuss and establish the employee's share of the premium for employee and dependent health care, dental and vision coverage. Any impasse in negotiations on these issues shall be subject to Interest Arbitration under Section 14 of the Illinois Public Labor Relations Act. Sect.ioiiii f101 dl ecii�allll IlDuiO, P'ay���� An off duty employee who works special duty — defined as a duty in which the Village is reimbursed will be compensated at one and one half the rate of pay for hours based on a forty (40) hour work week. Slecttoiuiuu 611 Attendance at crie ancie Meefings.� Every effort shall be made to hold grievance meetings and/or arbitration hearings on shift. However, if any grievance meeting or arbitration hearings are required to be scheduled during the working hours of any grievant, only the grievant shall be released from duty to attend such meetings or arbitration hearings, without loss of pay. 21 Packet Pg. 212 11.A.c ARTICLE V11 Seelioiiii 2.1 DelUitiruiis For the purpose of this contract, BGFD SOP 101.23 and the following definitions will be used: "Swap" is a situation when the on -duty employee verbally requests coverage by another employee arriving for duty. The swap is based on a verbal agreement between the two employees, with the agreement of the station officer. In this situation, no documentation is required, but the employee currently on duty may not leave the station earlier than 0800 hours. "Duty trade" is a situation when the employee currently on duty requests coverage by another employee arriving for duty. When effected, the trade must be verbally approved by the station officer and documented. Once these conditions have been met, the employee requesting the duty trade is considered "off -duty" and may leave the station. Sss.tioiiii, 2 2 Illh olllMays�, Employees shall receive three (3) floating holidays per calendar year, said days to be scheduled with the specific prior approval of the Fire Chief or his designee. Employees working a regularly scheduled shift on any holiday listed herein will be paid an additional twelve (12) hours of straight time at their current rate of pay. Employees may duty trade or take comp time for up to four hours during this shift, and still receive holiday pay. However, the pay will be pro -rated based on the number of hours they actually worked. Recognized holidays: a. New Year's Day (January 1) b. Martin Luther King's Day (official recognized) c. President's Day (official recognized) d. Memorial Day (official recognized) e. Independence Day (July 4) £ Labor Day (official recognized) g. Thanksgiving Day (official recognized) h. Day after Thanksgiving Day (official recognized) i. Christmas Eve (December 24) j. Christmas Day (December 25) Employees may duty trade the following days, and still receive holiday pay compensation: 22 Packet Pg. 213 11.A.c a. Thanksgiving Day/Day after Thanksgiving b. Christmas Eve/Christmas Day Seel oiiiuu 7,3 :IIII wlllHly :IIIf)ays�, Employees shall receive eleven (11) shift days off per calendar year. These work reduction days, or Kelly Days, will be assigned to employees by the Fire Chief in order to facilitate the provisions of the Fair Labor Standards Act. Reduction of Kelly Days may occur as a result of sick leave, injury leave or any other long time leave. After each eleven (11) duty day period, one (1) Kelly Day will be reduced from the employee's accrual. For the purpose of calculating the reduction, the use of employees' personal time off during the duration of the leave will not be counted as part of the Kelly Day reduction process. Kelly Day accrual for employees during their first and last year of employment will be prorated based on actual full months worked during that calendar year based on the eleven (11) day calculation. Sect:ioiiii, 7.4, Sich Leays Abuse of sick leave is a serious matter. The Union shall join the Village in making a serious effort to monitor and correct the abuse of sick leave wherever and whenever it may occur. Examples of abuse may include, but are not limited to; calling in sick prior to or immediately after a scheduled day off (SDO), use of sick time for reasons other than for its intent, excessive individual sick days in the course of a year, etc. Employees covered by this Agreement shall be allowed sick leave on the basis of the following: a. Employees assigned to shift duty shall earn five (5) twenty four (24) hour shifts of sick leave with pay credit annually. This is equivalent to eighty (80) hours annually. b. Employees assigned to shift duty shall accrue sick leave according to the following schedule: after two (2) months of service one (1) shift after four (4) months of service two (2) shifts after six (6) months of service three (3) shifts after nine (9) months of service four (4) shifts after twelve (12) months of service five (5) shifts C. Employees may use overtime to purchase sick time hours in lieu of pay or compensatory time compensation. Sick time hours purchased will be at the time and one half rate identical to the accrual of compensatory time, (e.g. working four (4) hours of overtime has a value of six (6) hours of 23 Packet Pg. 214 11.A.c sick time purchased). Time purchased cannot exceed the maximum allowable accrued hours contained within the provisions of this document. d. Sick leave shall be credited in advance to the employee at the beginning of each calendar year, effective with the second calendar year of employment. e. Sick leave shall not be accrued while on leave of absence without pay. Section 7.5 hen '14lllcen. Sick leave with pay will be granted for absence from duty because of actual personal illness, non-compensable bodily injury or disease, exposure to contagious disease, to care for an ill or injured member of the employee's immediate family, or to keep a doctor's or dentist's appointment. Sick leave shall not be granted in cases where regular or disability retirement has been approved, or for absence due to injuries resulting from employment in a position other than that held in the municipal service. Employees injured in the course of other employment shall be eligible for leave of absence without pay. For the purposes of this Agreement, immediate family members shall include, husband, wife, domestic partner as recognized in a legal civil union, son, son-in-law, daughter, daughter-in-law, foster child, mother, mother-in-law, step mother, father, father-in-law, step father, brother, brother-in-law, sister, sister-in-law, step children and grandparents of the employee or his/her spouse. When an employee finds it necessary to be absent for any of the reasons specified herein, he shall report the facts to an on -duty supervisor. An employee is required to give such notification one (1) hour in advance of his scheduled starting time. An employee is responsible for making a daily report (based on duty day) thereafter for the duration of the illness or injury. A medical certificate may be required by the department head for any absence. Failure to comply with the provisions of this Section shall result in denial of sick leave. Three (3) consecutive duty days of absence without notice may result in dismissal after a complete investigation of the facts surrounding the absence. Se tioiiii 7.6 AticiiuaL Employees assigned to shift duty may accumulate sick leave credit to a maximum of one hundred thirty (130) twenty four (24) hour shifts. This is equivalent to three thousand one hundred -twenty (3120) hours. "' (T iouu 7.7 .A c r tried Sick Leave. 24 Packet Pg. 215 11.A.c Retiring employees are eligible to establish an employer sponsored Retiree Health Savings (RHS) Plan. Upon retirement, sick time based on the twenty four (24) hour shift schedule will be converted to the eighty (80) hour per paycheck schedule. This will be accomplished by multiplying the total number of hours accrued at the twenty four (24) hour shift rate by 0.66667. Employees will be eligible to apply their accrued sick leave based on the following table: Years of Service and Age at Retirement Percent of two -thousand eighty 2,080 Hours: 20 years of service and 41 years of age at retirement 27.5% 20 years of service and 42 years of age at retirement 30.0% 20 years of service and 43 years of age at retirement 32.5% 20 years of service and 44 years of age at retirement 35.0% 20 years of service and 45 years of age at retirement 37.5% 20 years of service and 46 years of age at retirement 40.0% 20 years of service and 47 years of age at retirement 42.5% 20 years of service and 48 years of age at retirement 45.0% 20 years of service and 49 years of age at retirement 47.5% 20 years of service and 50-54 years of age at retirement 50.0% 21 years of service and 50-54 years of age at retirement 55.0% 22 years of service and 50-54 years of age at retirement 60.0% 23 years of service and 50-54 years of age at retirement 65.0% 24 years of service and 50-54 years of age at retirement 70.0% 25 years of service and 50-54 years of age at retirement 75.0% 26 years of service and 50-54 years of age at retirement 80.0% 27 years of service and 50-54 years of age at retirement 85.0% 28 years of service and 50-54 years of age at retirement 90.0% 29 years of service and 50-54 years of age at retirement 95.0% 30 years of service or 55+ years of age at retirement 100.0% The Retiree Health Savings (RHS) Plan will be administered by the ICMA Retirement Corporation and will allow employees to accumulate assets in order to pay medical and other eligible expenses in retirement. The legal basis for an RHS is currently based on Private Letter Rulings issued by the Internal Revenue Service which allow employers such as the Village to establish such plans. The provisions of this plan will be governed by documents executed by both the Village and ICMA Retirement Corporation. The documents collectively comprise the Vantagecare Retiree Health Savings Plan. It is the intent of the Village to establish a separate plan for the members of the Union. The Village and Union will review and determine funding levels and formulas in compliance with rules appropriate to the legal basis used to establish the plan and as set 25 Packet Pg. 216 11.A.c forth from time to time in the Village's Personnel Rules and as permitted under applicable tax rules or statutes as adopted and/or amended. Employees who elect to participate in individual contribution programs may be subjected to all applicable rules, including irrevocability of those contributions. At a minimum, the Village will apply the value of accrued sick leave (Deposit Value) into an employee's RHS Plan account at retirement. Employees must apply the entire value of accrued sick leave to their plan account based on the following formula: Deposit Value = Number of sick leave hours (shifts) x Dollar hourly value. The dollar value shall be equal to the lowest hourly rate (which includes Performance Bonus) paid to all Village employees eligible to participate in the Plan as of January I" for the calendar year in which the employee retires. The hourly rate will be applicable only for the year so calculated. That hourly rate value shall be distributed to all Village employees after it is calculated for the current year. On an annual basis (January 1't through December 31 st), employees will be able to convert up to one (1) twenty-four (24) hour shift of unused sick days for deposit into their Plan account; providing that they have completed one year of work with no more than one day of absence. An unused sick leave balance of four hundred eighty (480) hours, thirty (30) Shift Days must be maintained in order to convert the shift day for deposit into the plan account. Days converted for deposit into the plan account are subtracted from the employee's accrued sick leave balance. Conversion of the unused sick day shall not be into vacation leave or paid directly to the employee. The value of the conversion shall be equal to the employee's daily wage and not limited to the wage assigned to the retirement funding value calculated above. Employees who leave the fire department due to disability or death will receive the value of their accrued sick leave under this plan as part of the RHS benefit. Sectioiiii 7.8 MedicWCeii-filleate. A medical certificate required by a department head for the employee shall consist of a written statement by a qualified doctor indicating: A. The employee has been examined by the doctor during the period of absence. B. The symptoms observed or measured by the doctor. C. The stated diagnosis and medication and/or treatment prescribed. D. The dates on which the employee is expected to be physically incapacitated from work. 26 Packet Pg. 217 11.A.c Employees who require the use of sick leave for a family member(s) may be required to provide a medical certificate after the second twenty-four (24) hour shift, or the sick time totaling the use of forty-eight (48) hours in a rolling calendar year. A medical certificate required by the Fire Chief or designee for the employee's family member shall consist of a written statement by a qualified doctor indicating: Employee's name, patient's name, date of appointment, time -in, time-out, doctor's name and signature. Employees will be compensated two (2) hours of pay at straight time. The Village will reimburse the employee for co-insurance and/or deductibles incurred to meet this standard, but only applying to office visit charges, or emergency room co -pay if the department directs the employee to visit an emergency room. To receive such reimbursement, the employee must provide documentation that itemizes all costs sought for reimbursement. Sm ioiiii 7 9 Ugu211i�t: Duty. An employee who is ill/injured as the result of an occupational acquired illness/injury may be required to work for an available, temporary light duty assignment. An employee who is eligible for sick leave may volunteer to work for an available, temporary light duty assignment. All light duty assignments are made at the sole discretion of the Village. Light duty work shall be determined by the Fire Chief in consultation with employee and the employee's doctor. An employee on light duty may be assigned to work in any Village department. A light duty assignment shall not exceed sixty (60) calendar days and may be terminated prior to that time limit. The Fire Chief may extend light duty based upon consultation with the employee, the employee's doctor and, if necessary, a Village assigned and paid doctor. Light duty assignments may be terminated based upon a lack of performance in relation to the assigned job. Sec. ioiiii 7.101 Vacation. A. Employees covered by the Agreement shall receive vacation leave credit according to the following schedule: (1) 1st partial year and last partial year of service: 5/12 multiplied by months worked; (2) 1 st full calendar year of service: 5 shifts (3) 2nd full calendar year of service: 6 shifts (4) 3,d full calendar year of service: 6 shifts (5) 4th full calendar of service: 7 shifts (6) 5th full calendar year of service: 7 shifts 27 Packet Pg. 218 11.A.c (7) 6th-10 full calendar year of service: 8 shifts (8) 11'-14' full calendar year of service: 9 shifts (9) 15'-19' full calendar year of service: 10 shifts (10) 20th - 24th full calendar year of service: 11 shifts (11) 25th (and after) full calendar year of service: 12 shifts B. All other provisions of Vacation Leave are in accordance to the Buffalo Grove Personnel Rules. Sect10 in, 7 11 Illllojiuiurs and ]IDon-atioiun,, The regular hours of duty (tour of duty) for employees shall be twenty-four (24) consecutive hours of duty, starting at 0800 hours and ending the following day at 0800 hours. The regular tour of duty shall be followed by forty-eight (48) consecutive hours off duty. Early swaps may be permitted as early as 0700 hours, but the employee currently on -duty may not leave the station any earlier than 0800 hours. Early swaps shall not be considered a duty trade and are not eligible for overtime compensation. Slss.tioiiiuu 712 Compensatory time off may be taken by employees in accordance with BGFD SOP 101.13, revised on 09/28/2012, as in practice on May 1, 2017. S efl 01"' ����uim� 7� ������ ��Illlc���m�l:uu��u�n �.7m�1� �s1�s^;t��lllld llm� l Scheduled days off (SDO) will be selected in accordance with the following BGFD SOP's: A. 10 1. 15 SDO Selection, revised 09/28/2012, as in practice on May 1,2017 B. 101.26 Acting Shift Commander/Acting Lieutenant Selection, revised 10/13/2009, as in practice on May 1, 2017. ARTICLE V1.11. use tioliill 8 1. 'uu uuevaIf.8e finitifIIII,[I� A "grievance" is defined as a dispute or difference of opinion raised by an employee against the Village involving an alleged violation of an express provision of this Agreement, except that any dispute or difference of opinion concerning a matter or issue subject to the jurisdiction of the Buffalo Grove Board of Fire & Police Commissioners, except as otherwise provided in this Agreement, shall not be considered a grievance under this Agreement. Such grievance shall be filed by the Union on behalf of the employee. Packet Pg. 219 11.A.c ect`.ioiiii, 8 2 llii-or: ; :tur The parties acknowledge that it is usually most desirable for an employee and his immediate supervisor to resolve problems through free and informal communications. If, however, the informal process does not resolve the matter, the grievance will be processed as follows unless, by mutual agreement in writing, the parties waive one or more of the aforementioned steps: STEP 1: The Union may submit the grievance of a Firefighter/Paramedic in writing to the Lieutenant as designated by the Fire Chief, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the specific relief requested, and the signature of the grievant and his Union representative. All grievances must be presented no later than thirty (30) calendar days from when the event was known or reasonably should have been known giving rise to the grievance. The Lieutenant shall render a written response to the grievant, with a copy being simultaneously given to the Fire Chief, within ten (10) calendar days after the grievance is presented. The decision of the Lieutenant shall not be binding on the Village if the Fire Chief or his designee so advises both the grievant and the Union within ten (10) calendar days of receipt of the Lieutenant's response. STEP 2: The Union may submit a grievance of a Fire Lieutenant in writing to the Battalion Chief as designated by the Fire Chief, specifically indicating that the matter is a grievance under this Agreement. The grievance shall contain a complete statement of the facts, the provision or provisions of this Agreement which are alleged to have been violated, and the specific relief requested, and the signature of the grievant and his Union representative. All grievances must be presented no later than ten (10) calendar days from the date of the first occurrence of the matter giving rise to the grievance. The Battalion Chief shall render a written response to the grievant, with a copy being simultaneously given to the Fire Chief, within ten (10) calendar days after the grievance is presented. The decision of the Battalion Chief shall not be binding on the Village if the Fire Chief or his designee so advises both the grievant and the Union within ten (10) calendar days of receipt of the Battalion Chief s response. If a grievance of a Firefighter/Paramedic is not settled at Step 1 and the Union wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted by the Union in writing to the Battalion Chief as designated by the 29 Packet Pg. 220 11.A.c Chief with ten (10) calendar days after receipt of the Village's answer in Step 1. The grievance shall specifically state the basis upon which the Union believes the grievance was improperly denied at the previous step in the grievance procedure. The Battalion Chief shall investigate the grievance and, in the course of such investigation, shall offer to discuss the grievance within ten (10) calendar days with the grievant and the Union. If no settlement of the grievance is reached, the Battalion Chief or his designee shall provide a written answer to the grievant and the Union within ten (10) calendar days following the meeting. STEP 3: If a grievance is not settled at Step 2 and the Union wishes to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted by the Union in writing to the Fire Chief within ten (10) calendar days after receipt of the Village's answer in Step 2. The grievance shall specifically state the basis upon which the grievant and the Union believe the grievance was improperly denied at the previous step in the grievance procedure. The Fire Chief shall investigate the grievance, and in the course of such investigation, shall offer to discuss the grievance within ten (10) calendar days with the grievant and the Union. If no settlement of the grievance is reached, the Fire Chief or his designee shall provide a written answer to the grievant and the Union within ten (10) calendar days following their meeting. STEP 4: If a grievance is not settled at Step 3 and the Union wishes to appeal the grievance to Step 4 of the grievance procedure, it shall be submitted by the Union in writing to the Village Manager within ten (10) calendar days after receipt of the Village's answer in Step 3. The grievance shall specifically state the basis upon which the grievant and the Union believe the grievance was improperly denied at the previous step in the grievance procedure. Thereafter, the Village Manager, or his designee, and other appropriate individuals as desired by the Village Manager, shall meet with the grievant and a Union representative within eighteen (18) calendar days of receipt of the Union's appeal. If no agreement is reached, the Village Manager or his designee shall submit a written answer to the grievant and the Union within eighteen (18) calendar days following the meeting. Seelioiiii 8.3 rbhliir°a ioiii. If a grievance is not settled in Step 4 and the Union wishes to appeal the grievance from Step 4 of the grievance procedure, the Union may refer the grievance to Arbitration as described below within twenty-one (21) calendar days of receipt of the Village's answer as provided to the Union at Step 4: 30 Packet Pg. 221 11.A.c A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after the receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said ten (10) day period, the parties shall jointly request the Federal Mediation and Conciliation Service or the American Arbitration Association, to submit a panel of seven (7) arbitrators. Each party retains the right to reject one panel in its entirety and request that a new panel be submitted. Each party also retains the right to request that the panels submitted for any given case be limited to members of the National Academy of Arbitrators. Both the Village and the Union shall have the right to strike three (3) names from the panel. The party requesting arbitration shall strike the first three (3) names; the other party shall then strike three (3) names. The person remaining shall be the arbitrator. B. The arbitrator shall be notified of his selection and shall be requested to set a time and place for the hearing subject to the availability of Union and Village representatives. C. The Village and the Union shall have the right to request the arbitrator to require the presence of witness or documents. The Village and the Union retain the right to employ legal counsel. D. The arbitrator shall submit his decision in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. E. More than one grievance may be submitted to the same arbitrator where both parties mutually agree in writing. F. The fees and expenses of the arbitrator and the cost of a written transcript, if any, shall be divided equally between the Village and the Union; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. sectiolilll 81 "�1 U. 111u111uuOrfiojins (;)uuuu Authority,of Ar Kfii-aioii% The arbitrator shall have no right to amend, modify, nullify, ignore, add to or subtract from the provisions of this Agreement. The arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Agreement. The arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at the first step (second step in the case of Fire Lieutenants) and shall have no authority to make a decision on any issue not so submitted or raised. The arbitrator shall be without power to make any decision or award, which is contrary to or inconsistent with applicable 31 Packet Pg. 222 11.A.c Federal or State law. Any decision or award of the arbitrator rendered within the limitations of this Section shall be final and binding upon the Village, Union and the employee(s) covered by this Agreement. Sedioiiiuu S.f "1 o iixiiie U1111r11h 1611 IIII°'tIIlLiiii11IE0 No grievance shall be entertained or processed unless it is signed by the grievant and submitted at Step 1 (Step 2 in the case of a Fire Lieutenant) within thirty (30) calendar days from when the event was known or reasonably should have been known giving rise to the grievance. If a grievance is not presented by the employee within the time limit set forth above, it shall be considered waived and may not be further pursued. Such waiver shall not serve to waive an employee's right to file a future grievance involving similar facts and circumstances. If a grievance is not appealed to the next step within the specified time period, or within an approved, written extension thereof, it shall be considered settled on the basis of the Village's last answer, provided, however, that such settlement shall not serve to waive an employee's right to file a future grievance involving similar facts and circumstances. If the Village does not answer a grievance or an appeal thereof within the specified time limits, the aggrieved employee may elect to treat the grievance as denied at this step and immediately appeal the grievance to the next step. The parties may, by mutual written agreement, extend any of the time limits set forth in this Article. See loiiim, 8.6 Muuscellllllllaiie('�7mrrs. No action, statement, agreement, settlement or representation made by any member of the bargaining unit shall impose any obligation or duty or be considered to be authorized by or binding upon the Village unless and until the Village has agreed thereto in writing. MOBTAHOW Slectioiiii 9 1 No Strii&e. Neither the Union nor any officers, agents or employees covered by this Agreement will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, slow -down, sit-down, concerted stoppage of work, concerted refusal to perform overtime, concerted, abnormal and unimproved enforcement procedures or policies or work to the rule situation, mass resignations, mass absenteeism, picketing or any other intentional interruption or disruption of the operations of the Village, regardless of the 32 Packet Pg. 223 11.A.c reason for so doing. Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the Village. Each employee who holds a position of officer or steward of the Union occupies a position of special trust and obligation to notify the employees of their actions as being a violation of this Article in order to maintain and bring about compliance with the provisions of this Article. In addition, in the event of a violation of this Section of this Article, the Union agrees to inform its members of their obligation under this Agreement and to direct them to return to work. S(T ioiiimi 9 2 No Lockout. The Village will not lock out any employee during the term of this Agreement as a result of a labor dispute with the Union. ARTICLE U ,cti olllllill 10, 1 Dukcipuune aiuiir Discharge uuuucr.i�p��riaui��urr,�� Disciplinary actions instituted by the Village shall be for reasons based upon an employee's failure to fulfill his responsibilities as an employee. Where the Village believes just cause exists to institute disciplinary action it shall have the option, consistent with the principles of timely progressive discipline imposed for the purpose of encouraging corrective employee action, to assess including but not limited to the following penalties: Counseling Session Oral Reprimand Written Reprimand Suspension Demotion Termination Any disciplinary action or measure other than a counseling session, oral and written reprimand imposed upon an employee shall be subject to review and appeal as provided for in this Agreement. Counseling sessions, oral and written reprimands shall not be subject to the arbitration procedure or to review by the Board of Police and Fire Commissioners. Employees shall have the right to file grievances concerning discipline covering suspension without pay, demotion and/or termination or they may choose the hearing process by the Board of Fire and Police Commissioners. Filing of a grievance 33 Packet Pg. 224 11.A.c shall act as a waiver by the employee involved of the right to challenge the same matter before the Board of Fire and Police Commissioners. A form containing such specific waiver shall be executed by the employee prior to filing a grievance. Seeking review by the Board of Fire and Police Commissioners shall act as a waiver by the Union and employee involved of the right to challenge the same matter in the grievance process. A. The Village agrees that non -probationary employees shall be disciplined and discharged only for just cause. A copy of all suspension, demotion and discharge notices shall be provided to the employee. The Employer further agrees that disciplinary actions shall be imposed in a timely manner (not to exceed thirty (30) calendar days from the date of the incident giving rise to the disciplinary action or from the date of the Employer's completion of its investigation of such incident whichever is later) and shall not conflict with the "Illinois Fireman's Disciplinary Act" (III. Rev. Stat ch. 85 Par 2501, et seq.). B. Any employee found to be unjustly suspended or discharged shall be reinstated with full compensation for all lost time and with full restoration of all other rights, benefits and conditions of employment, without prejudice, unless a lesser remedy is agreed upon as a settlement or deemed proper by the appropriate hearing authority. C. Disciplinary actions, including but not limited to oral, written, and suspension, recorded in the employee's personnel files shall not be used after twelve (12) months to justify subsequent disciplinary action, except for a related offense. Non -meritorious disciplinary actions shall not be relied upon to justify any subsequent disciplinary action. In the event disciplinary action is contemplated against an employee, prior to any pre -disciplinary discussions or meetings with the employee, the employee shall be informed of his/her rights to representation prior to such meeting. Employees shall be entitled to representation at all disciplinary investigatory meetings, which the employee attends and are initiated by the Employer, and at any meeting or interviews which the employee reasonably believes could result in discipline. D. The Village shall conduct Rules Violations Investigations (R.V.I.) when it receives complaints or has reason to believe an employee has failed to fulfill his responsibilities as an employee. It is understood that polygraph examinations without written consent of the employee and tests by means of any chemical substance will not be used by the Village in any phase of disciplinary investigations or interrogation. E. Prior to taking any final, disciplinary action and just prior to concluding its investigation, the Village shall notify the employee of the contemplated measure of discipline to be imposed, and shall meet with the employee involved and inform the employee of the reasons for such contemplated disciplinary action. 34 Packet Pg. 225 11.A.c Copies of all pertinent documents shall be given to the employee at this notification and review meeting, including: 1. Allegation of violations of Rules and Regulations 2. Statement of charges and specifications 3. Employee statements 4. Acknowledgment of notification and review 5. The discipline recommended 6. Copies of the employees pertinent past discipline. The employee shall be entitled to representation at such meetings and shall be given the opportunity to rebut the reasons for such proposed discipline. F. The Employer's personnel files, disciplinary history files, medical files and completed inactive investigative files, shall, upon reasonable request to the Chief or his designee, be open and available for inspection and copying by the effected employee during regular business hours. With respect to such files maintained at the Department, regular business hours shall encompass 9:00 a.m. to 5:00 p.m. It is agreed that any of these files not made available for inspection and copying shall not be used in any manner or forum for any disciplinary action. G. Interrogations - Interrogation shall be defined as the questioning of a firefighter (employee) pursuant to an investigation initiated by the Village in connection with an alleged violation of the Rules, Regulations or Orders of the Village of Buffalo Grove or the Fire Department, which may be the basis for filing charges seeking the suspension, removal or discharge of a firefighter (employee). Whenever a firefighter is subjected to administrative interrogation for any reason which could lead to disciplinary action of discharge or suspension of more than twenty-four (24) hours, the interrogation shall be conducted under the following conditions: 1) The interrogation shall be conducted at a reasonable hour, preferably at a time when the firefighter is on duty. If the firefighter is off duty, he/she shall be compensated at the appropriate rate of pay. 2) The firefighter under interrogation shall be informed of the name, rank and command of the person in charge of the interrogation, the interrogating officers and all persons present during the interrogation. 3) The firefighter under investigation shall be informed of the nature of the complaint or investigation in writing prior to any interrogation. 4) The interrogation session shall be for a reasonable period taking into consideration the gravity and complexity of the issue being investigated. 35 Packet Pg. 226 11.A.c The person being interrogated shall be allowed to attend to his own personal physical necessities. 5) No firefighter under interrogation shall be threatened with dismissal or other disciplinary action. Nothing herein is to be construed as to prohibit the interrogating officer from informing the firefighter that his or her conduct can be the subject of disciplinary action should he or she refuse to obey a lawful order from the ranking officer. Admissions or confessions obtained during the course of any interrogation not conducted in accordance with the Fireman's Disciplinary Act may not be utilized in any subsequent disciplinary proceeding against the firefighter. (P.A. 83-783) No promise of reward shall be made as an inducement to answering any questions. 6) No firefighter shall be interrogated without first being advised in writing that admissions made in the course of the interrogation may be used as evidence of misconduct or as the basis for charges seeking suspension, removal, or discharge; and without first being advised in writing that he or she has the right to counsel of his or her choosing who may be present to advise him or her at any stage of any interrogation. 7) At the request of a firefighter and prior to any interrogation, the firefighter shall have the right to be represented by counsel of his or her choice, who may be present at all times during the interrogation. The attorney shall not participate in the interrogation, except to counsel the firefighter. The firefighter may request a postponement of the initial interrogation to contact an attorney of his or her own choosing. The interrogation may not be postponed more than twenty-four (24) hours, with allowances made for weekends and holidays, unless specifically waived by mutual agreement of the Village and the firefighter being interrogated. A representative of the employee's choice may also be present during any interrogation. A complete record of any interrogation shall be made and a complete transcript or copy made available to the firefighter without charge and without undue delay. The Village or the firefighter may record the interrogation. 8) This Section does not apply to any interrogation of a firefighter in the normal course of duty, counseling, instruction, informal admonishment or other routine or unplanned contact with a supervisor or any other firefighter. Any admissions or confessions obtained during the course of any interrogation not conducted in accordance with this Section may not be utilized in any subsequent disciplinary proceeding. H. It is understood that the rights of firefighters herein shall not diminish the right and privileges of firefighters that are guaranteed to all citizens by the Constitution 36 Packet Pg. 227 11.A.c and laws of the United States and of the State of Illinois. This Article does not apply to any firefighter (employee) charged with violating any provision of the Criminal Code of 1961 [720 ILCS 511-1] or any other federal, state or local code. If the allegation under investigation indicates the recommendation for separation or termination is probable against the firefighter, the firefighter shall be given statutory administrative proceedings rights, or if the allegation indicates criminal prosecution is probable against the firefighter, the firefighter shall be given the constitutional rights concerning self-incrimination prior to commencement of the interrogation. I. No firefighter shall be compelled to speak or testify before, or be questioned by any non -governmental agency. This provision shall not apply to reasonable requests from the Village's insurance carriers provided that the employee is covered by the insurance policy applicable to the situation. J. Reviews of decisions of the Board of Police and Fire Commissioners or of an arbitrator under this section shall be as provided by law, based on the election of the hearing body selected by the employee. K. Suspensions shall be charged at a rate based on a fifty-one and two tenths (51.2) hour work week. 6`ees.tloiuii 101.2 hiii:mii-iiiwenrieuli IIIIIlaul In situations where an accident, discipline or substandard performance occurs, it is incumbent upon the Village to work with the employee to identify potential deficiencies and correct the negative action. In order to accomplish this goal, BGFD SOP 1:1.45 Performance Improvement Plan, as in practice on August 1, 2014, will be referenced and followed. Nothing in this agreement shall cause the Village to waiver from adhering to the Illinois Firemen's Disciplinary Act (50 ILCS 745/). AI TICI.AIa:, XI Sectioiiiiii 11�,1 Dues 1meckofi'. The Village shall deduct from each employee's paycheck the uniform, regular bi- weekly Union dues for each employee in the bargaining unit who has filed with the Village and Fire Chief a properly executed authorization form. Such authorization may only be revoked by written notice to the Village and the Union during the thirty (30) days prior to the termination date set forth in Article XIV of this Agreement. The Union may change the fixed uniform dollar amount two (2) times per year during the term of this Agreement by giving the Village at least thirty (30) days advance notice in writing, with a copy to the Fire Chief, of any change in the amount of dues to be deducted. 37 Packet Pg. 228 11.A.c The Village shall remit the total amount of the deducted dues, along with a list of employees from whom the dues have been deducted, to the Union not later than seven (7) days after the deduction is made. Sed1oiiiuu 11 "2 NIIIi iii e, During the term of this Agreement, employees who are not members of the Union shall, commencing thirty (30) days after their date of hire, pay a fair share to the Union for collective bargaining and contract administration services rendered by the Union as the exclusive representative of the employees covered by this Agreement, provided said fair share fee shall not exceed the dues attributable to being a member of the Union. Such fair share fees shall be deducted by the Village from the earnings of non-members and remitted to the Union in the same manner as dues are deducted for Union members. The Union shall periodically submit to the Village and Fire Chief a written list of the employees covered by this Agreement who are not members of the Union. The Union agrees to assume full responsibility to insure full compliance with the requirements laid down by the United States Supreme Court in such cases as Chicago Teachers Union v Hudson, 106 U. S. 1066 (1986), with respect to the constitutional rights of fair share fee payers as well as all applicable provisions of the Illinois Public Labor Relations Act and the rules and regulations promulgated hereunder relating to fair share fees. It is specifically agreed that any dispute a fair share payer may have with the Union concerning the amount of fair share fee and/or the responsibilities of the Union with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Sec,fioiiii 13.1 1telioi iiffini of eiiiiiaiiorifr . Departmental seniority shall be defined as the length of service from the last date of beginning continuous full-time employment as a sworn Lieutenant or Firefighter/Paramedic in the Department and uninterrupted by termination of employment. Rank seniority shall be defined as the length of continuous full-time employment in a promoted rank uninterrupted by termination of employment. Conflicts of departmental or rank seniority shall be determined on the basis of the order of the Firefighter/Paramedics on the Board of Fire and Police Commission hiring or promotional list, whichever is applicable, with the Firefighter/Paramedie higher on the applicable list being the more senior. Where the term "seniority" is used in this Agreement, it shall mean departmental seniority unless otherwise specified. Packet Pg. 229 11.A.c Scctioiiii, 1.22 15a,rind���� All new employees and those rehired after termination of employment shall be considered probationary employees until they complete a probationary period of twelve (12) months, in accordance with 65 ILCS 5/10-2.1-4. During an employee's probationary period, the employee may be suspended or terminated at the sole discretion of the Village, subject to whatever legal rights, if any, such employees may have separate and apart from this Agreement. No grievance shall be presented or entertained in connection with the suspension or termination of a probationary employee. In the event of an absence or leave, the probationary period may be extended, if approved by the Board of Fire and Police Commissioners, for a comparable period of time (i.e., day for day extensions in the event a probationary employee is absent and/or on leave for any reason for a total of four (4) weeks or more during the first twelve (12) months of employment). scctiolilll 12 3 seniq]111111wuut.y List����� On or before September 1 of each year, the Village will provide the Union with a seniority list setting forth each employee seniority date. The Village shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the Village in writing within thirty (30) calendar days after the Union's receipt of the list. See loiiim, 1 ,�:1. 1 aaolt Employees covered by this Agreement will be laid off in accordance with their length of service as provided in the Illinois Municipal Code, Chapter 65, Section 5/3.10- 2.18 as amended from time to time. Sec,fioiiii 12.5 llecall. Employees who are laid off shall be placed on a recall list. If there is a recall, employees who are still on the recall list shall be recalled in the inverse order of their layoff. Employees who are on the recall list shall be given up to twenty-one (21) calendar days to report back to work from date of receipt of the notice of recall, provided that the employee must notify the Fire Chief or his designee of his intention to return to work within seven (7) days after receiving notice of recall. The Village shall be deemed to have fulfilled its obligations by mailing the recall notice by registered mail, return receipt requested, to the mailing address last provided by the employee, with a copy to the Union; it being the obligation and responsibility of the employee to provide the Fire Chief or his designee with this latest mailing address. If an 39 Packet Pg. 230 11.A.c employee fails to timely respond to a recall notice, his name shall be removed from the recall list. See t oiuii of" Senioii-iiit,yi, Seniority and the employment relationship shall be terminated for all purposes, subject to confirmation by the Village's Board of Fire and Police Commission, if the employee: A. resigns; B. is discharged; C. retires (or is retired should the Village adopt and implement a legal mandatory retirement age); D. falsifies the reason for a leave of absence, or is found to be working during a leave of absence without the written approval of the Village Manager; E. fails to report to work at the conclusion of an authorized leave or vacation; F. is laid off and fails to notify the Fire Chief or his designee of his intention to return to work within seven (7) calendar days after receiving notice of recall or fails to return to work within two (2) working days after the established date for the employee's return to work: G. is laid off for a period in excess of two (2) years; H. does not perform work for the Village for a period in excess of twelve (12) months, provided however, this provision shall not be applicable to absences due to military service, established work related injury compensable under workers compensation, disability pension, or a layoff where the employee has recall rights; I. is absent for one shift day (24 hours) without authorization unless there are proven extenuating circumstances beyond the employee's control that prevent notification. Se ttioiiii 12.�7 ElTeds ol" La olf. During the period of time that non -probationary employees have recall rights as specified above, the following provisions shall be applicable to any non -probationary employees who are laid off by the Village: A. An employee shall be paid for any earned but unused vacation days. B. An employee shall have the right to maintain insurance coverage by paying in advance the full applicable monthly premium for single and if desired, family coverage. C. If an employee is recalled, the amount of accumulated sick leave days that the employee had as of the effective date of the layoff shall be restored. 40 Packet Pg. 231 11.A.c D. Upon recall, the employee's seniority shall be adjusted by the length of the layoff. 6`^ ee oiuii 12.8 IIII uum erruption ail" Senioii,,ii t,yi, Seniority shall be interrupted in the event an employee is laid off, placed on a non -duty disability pension or is granted a leave of absence without pay. When an employee returns from a layoff, non -duty disability or an unpaid leave of absence, his seniority shall be his length of service up to the date of layoff or beginning of the unpaid leave of absence. Seniority shall not be interrupted, and shall continue to accrue, during periods of time when an employee is receiving workers compensation or disability pension benefits for a work related injury. Sectioiiiiii 12�.�11 I irutelitrr aunt. The Board of Fire and Police Commissioners shall provide for promotion in the Fire Department on the basis of performance on a Written Examination, Ascertained Merit, Subjective Evaluation (oral, tactical and performance potential rating) and seniority in service. All promotional processes that are fire service related will be conducted in accordance with the provisions of the 50 Illinois Compiled Statutes 742/1 et seq. (50 ILCS 742/1 et seq.) All examinations for promotion shall be competitive among such eligible members of the next lower rank as desire to submit themselves for promotion. To be eligible for examination, an applicant must have satisfactorily completed the probationary period for his present rank, have been employed as a Firefighter for a minimum of two (2) years with the Village of Buffalo Grove, and have a cumulative experience of no less than five (5) years as a full-time firefighter employed directly by a municipal, state or federal agency. This includes employment for a fire district, but does not include employment through a private contractor. An applicant for Fire Lieutenant must be certified as a Firefighter III or Advanced Firefighter by the Office of the State Fire Marshal. 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 State Fire Marshal. All personnel who submit themselves to examination will be graded according to the following schedule: Oral Interview 15% Tactical Assessment 25.5% Performance Potential Rating (PPR) 25.5% 41 Packet Pg. 232 11.A.c Written Exam 25.5% Seniority 5% ('/4% (0.25%) per year for a maximum of twenty (20) years. Seniority based on the date of the orientation as the first component of 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% For the Oral Interview, Tactical Exam and Written Examination, each 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 "0" zero for that section as a score. The order of testing for each component of the promotional process shall be the Orientation, Oral Interview, Tactical Examination, Performance Potential Rating (PPR) and the Written Examination. Military credit shall be applied as prescribed by Statute 50 ILCS 742/1 et seq. All claims for points will be based on the Rules and Regulations of the Board of Fire and Police Commissioners. The Board of Fire and Police Commissioners will contract an independent testing agency to administer the Tactical Exam. 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 Exam scoring process and will only function in support roles as necessary. Outside monitors will be allowed for the process of promotions governed by this section of the Agreement, in accordance with the Illinois Fire Department Promotion Act (50 ILCS 742). Employees who participate in the promotional process will have their past two annual performance evaluations delivered to the Board of Fire and Police Commissioners with their application to the exam process as a reference document for the Board of Fire and Police Commissioners without a weighted value for the promotional process. For the purpose of completing the PPR rating, personnel who have had a shift change in the past 365 days from the date of the beginning of the testing will be allowed to select the most recent supervisor (Lieutenant), from their most recent previous shift, as the "C" rater within the procedures of the PPR process as contained in the Rules and Regulations of the Board of Fire and Police Commissioners. 42 Packet Pg. 233 11.A.c Participants will be advised of their scores for each individual component of the promotional process within fifteen (15) days of the completion of that process scoring. The one year notification process shall be waived for the first testing cycle that is covered by the ratification of this Agreement. All years thereafter as governed by this Agreement will require a one-year advance notification of the testing process. All other procedural rules and regulations covering promotional preference, eligible roster, appointment and oath of office, certificate of appointment, probation, right of review and voluntary relinquishment of rank will be followed by the Rules and Regulations of the Board of Fire and Police Commissioners and/or 50 ILCS 742/1 et seq. (note: BFPC Rules and Regulations have or will be updated to reflect 50 ILCS 742/1 et seq.) ec, io iii i 12.111 Illl uu : u m uu iui uu L tt i � iui t IIIl ie f The Fire Chief shall provide a process for promotion in the Fire Department to the rank of Battalion Chief on the basis of performance on an Interview, Assessment Center (oral, tactical and writing), Performance Potential Rating (PPR), and seniority in service. All promotional processes that are fire service related will be conducted with both internal and external fire service evaluators. The promotional process for Battalion Chief shall begin with the requirement of qualified candidates completing and returning an "Application for Promotion". This Application outlines the basic requirements for application for promotion to Battalion Chief. It additionally addresses the basic educational requirements of the position, should such promotion to Battalion Chief be attained. Said Application must be delivered to the Fire Chief or his designee by the date indicated on the application. Failure to deliver said application will result in immediate disqualification from the current Battalion Chief promotional process. All examinations for promotion shall be competitive among such eligible members of the next lower rank as desire to submit them for promotion. To be eligible for examination for Battalion Chief, an applicant must have a minimum of one (1) year experience as a Fire Lieutenant with the Buffalo Grove Fire Department. Any employee promoted to the position of Battalion Chief during the duration of this Agreement, shall earn a Bachelor Degree within three (3) years of their promotion, if one has not already been earned. If extraordinary circumstances prevent the employee from earning a degree in this time period, an extension may be granted by the Fire Chief, in agreement with the current Union President. Failure to attain a Bachelor's Degree within the designated timeframe will result in the removal of the promoted employee from the rank of Battalion Chief, and may result in termination. All personnel who submit themselves to examination will be graded according to the following schedule: 43 Packet Pg. 234 11.A.c Ascertained Merit** 3.5% PPR 10% Seniority* 6.5% Oral Interview 30% Assessment Center 50% Maximum Grade 100% *1/2% per year for a maximum of thirteen (13) years of service as a Lieutenant. Seniority based on the date of the orientation as the first component of testing. **2.0% for a Bachelor's Degree; 3.5% for a Master's Degree For the Oral Interview and Assessment Center, each applicant for promotion must be present at the designated testing site, and 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. The order of testing for each component of the promotional process shall be: Application, PPR, Seniority, Oral Interview, and Assessment Center. Military credit shall be applied as prescribed by Illinois Statute 50 ILCS 742/1 et sep. All claims for points will follow the Rules and Regulations of the Board of Fire and Police Commissioners. The Fire Chief will form an independent group to conduct the Assessment Center. Assessors 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 Exam scoring process, and will only function in support roles if necessary. There will be no outside monitors for the process of promotions as governed by this Agreement. Participants will be advised of their scores for each individual component of the promotional process within fifteen (15) days of the completion of that process scoring. The Fire Chief reserves the right to select candidates for the promotion to Battalion Chief based on the specific job description requirements of the position. ARTICLE X111 See oiuii Agiurveii eiii�t;. This Agreement constitutes the complete and entire Agreement between the parties and concludes collective bargaining between the parties for its term. This 44 Packet Pg. 235 11.A.c Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated to the contrary herein. The Village and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly, waives the right and each agrees that the other shall not be obligated to bargain collectively with respect to any subject or matter, referred to or covered in this Agreement, including the impact of the Village's exercise of its rights as set forth herein on wages, hours or terms and conditions of employment. This paragraph does not waive the Union's right to bargain over any subject or matter not referred to or covered in this Agreement which is a mandatory subject of bargaining and concerning which the Village may consider changing during the term of this Agreement. Al TIC11a:, XIV smliolill 1.111k,1 Savings Clause. In the event any Article, Section or portion of this Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to the specific Article, Section or portion thereof specifically specified in the board, agency of court decision or subsequent litigation and the remaining parts or portions of this Agreement shall remain in full force and effect. In such event, the parties shall, upon request of either party, upon thirty (30) days notice of any determination, commence good faith bargaining over possible replacement language for the invalidated Article, Section or portion of this Agreement. 45 Packet Pg. 236 11.A.c ARTICLE XV e oiuii 1 S.I ftmiuu�-at,�oiii� cif 2rmeeine �iii,„ This Agreement shall be effective as of the day after the Agreement is executed by both parties and shall remain in full force and effect until 11:59 P. M. on the 301h day of April, 2020. It shall be automatically renewed from year to year thereafter unless either party shall notify the other in writing at least ninety (90) days prior to the April 30 anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty (60) days prior to the April 30 anniversary date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new Agreement is reached unless either party gives at least ten (10) days written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding Section. 46 Packet Pg. 237 11.A.c This Agreement executed by Ordinance XXXX-XX on October XX, 2017 by the Village of Buffalo Grove Board of Trustees and signed by: For the Village of Buffalo Grove Dane Bragg Village Manager Arthur A. Malinowski, Jr. Director of Human Resources William M. Baker Fire Chief For the Buffalo Grove Professional Firefighter/Paramedic Association Local 3177, IAFF, AFL-CIO, CLC Michael J. Spiro Union President Lawrence M. Lezon Union Vice President Alfredo Caballero Union Secretary 47 Packet Pg. 238 11.A.c APPENDIX A ......... DRUGI L yOROL ES" I G The purpose of this Appendix is to provide forms used by the Village of Buffalo Grove during the implementation of alcohol and drug testing (herein referred to as "testing") of Employees for the presence of prohibited substances pursuant to Section 4.7, Drug and Alcohol Testing Policy (the "Policy"). These procedures are intended as a supervisory guide only and are in no way intended to alter any existing relationship between Village of Buffalo Grove Fire Department (the "Employer") and any Employee. DRUG/ALCOHOL TESTING FORMS EMPLOYEE NOTIFICATION LETTER ACKNOWLEDGMENT OF NOTICE OF POLICY & CONSENT TO TESTING LAST CHANCE AGREEMENT REPORT OF REASONABLE SUSPICION NEW HIRE ACKNOWLEDGMENT, RELEASE AND CONSENT Packet Pg. 239 11.A.c FORM Date: EMPLOYEE NOTIFICATION LETTER Dear Employee: The VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL- CIO, CLC, has ratified a revised drug/alcohol use policy and procedures (the "Policy"). This Policy enhances already existing Employer prohibitions of the use of illicit or inappropriate drugs (herein referred to as prohibited substances. Specifically, it is the policy of the Employer that the use, sale, purchase, transfer, possession or presence in one's system of any prohibited substance (except medications prescribed by a licensed doctor), including alcohol (unless otherwise permitted by Fire department rules), by any Employee while on fire department premises, while engaged in fire department business, while operating fire department equipment and vehicles (including leased vehicles) is strictly prohibited. This Policy supersedes all prior policies and statements relating to prohibited substances. The Employer will notify and cooperate with law enforcement agencies in the investigation of any Employee suspected of possession of or trafficking in illicit or inappropriate drugs. Any Employee convicted of on-the-job, possession of or trafficking in illicit or inappropriate drugs, or of driving intoxicated will be terminated. Under the procedures adopted, Employees will be subject to testing where the circumstances establish that reasonable suspicion of prohibited substance use exists. Employees will also be required to submit to testing following on-the-job accidents or injuries. Refusal to submit to a properly given request to submit to testing will be considered a violation of Employer policy subjecting the Employee to immediate discipline. In addition, should the federal, state or local rules be revised to include/permit additional testing or limit such testing, the Employer's policy will be revised to comply with those rules. Every safeguard will be taken in the specimen collection process to ensure that all federally mandated chain -of -custody and laboratory criteria will be met. Employee privacy and confidentiality will be vigorously safeguarded. VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT ADHERES TO A POLICY OF NON-DISCRIMINATION AGAINST EMPLOYEES SUFFERING FROM ALCOHOLISM OR DRUG ADDICTION IF PROTECTED UNDER FEDERAL AND STATE GUIDELINES. Packet Pg. 240 11.A.c Any Employee who is presently experiencing difficulty with prohibited substances is encouraged to seek assistance through the Employee Assistance Program. If such assistance is sought prior to being requested to submit to a test, no disciplinary action relating to alcoholism or drug addiction will be taken.BE FOREWARNED, courts have determined that current use of prohibited substances detected by testing may not protect Employees claiming protection under handicap statutes. The following drugs will be tested for: ALCOHOL AMPHETAMINES COCAINE MARIJUANA OPIATE METABOLITES PHENCYCLIDINE (PCP) Any Employee testing positive for the use of prohibited substances may be subject to discipline, up to and including, termination. Very truly yours, Village of Buffalo Grove Fire Department, and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC. By: William M. Baker Its: Fire Chief Packet Pg. 241 11.A.c FORM ACKNOWLEDGMENT OF NOTICE OF THE VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT AND THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC ASSOCIATION LOCAL 3177, IAFF, AFL-CIO, CLC DRUG/ALCOHOL USE POLICY AND PROCEDURES AND CONSENT TO TESTING I, , acknowledge receiving written notice of the existence of the Village of Buffalo Grove Fire Department (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, Drug and Alcohol Abuse Policy (the "Policy"). As a condition of continued employment or service to the Employer, I understand and agree that I must not use, buy, sell, accept as a gift, experiment with, traffic in or be otherwise involved with illicit or inappropriate drugs or alcohol (unless otherwise permitted by fire department rules) while on fire department premises, while engaged in fire department business, while operating fire department equipment and vehicles (including leased vehicles). I understand that the Policy does not apply to medication properly taken as prescribed by a licensed doctor, except as provided by the Policy. I further understand and agree that I may be required to submit to testing on four occasions: 1. Where circumstances establish that reasonable suspicion of prohibited substance use exists, or; 2. Following on-the-job moving vehicle accidents resulting in a death(s), or injuries that require medical treatment away from the scene of the vehicle accident, or; 3. Following an on duty injury where the incident may be reported to any state or federal governmental body (i.e., IDOL, OSHA, etc., not OSFM) or; 4. As a follow-up to prior prohibited conduct. I understand, further, that refusal to submit to testing when requested to do so by a supervisor will result in immediate discipline. My signature below indicates my understanding of this Policy and what is expected of me, my consent to be tested and my authorization to release to any collection site personnel, medical review officer or Employer representative the information necessary to comply with this Policy. (Date) (Employee Signature) (Date) FORM (Employer Signature) Packet Pg. 242 11.A.c LAST CHANCE AGREEMENT FOR VIOLATION OF DRUG/ALCOHOL USE POLICY THE BUFFALO GROVE FIRE DEPARTMENT (the "Employer") agreed to your request to seek counseling and referral to a rehabilitation program for alcohol and drug use. The following conditions apply to your rehabilitation program: You must authorize the Employee Assistance Program to provide proof of enrollment in an alcohol and drug abuse rehabilitation program and proof of attendance at all required sessions on a monthly basis to the Fire Chief. The Employer will closely monitor your attendance and will terminate you (cancel your agreement) if you do not regularly attend all required sessions. You will pay for all costs of rehabilitation, which are not covered under the Employer's benefit plan. During the five years following completion of your rehabilitation program, the Employer, under the direction of the Substance Abuse Professional, will test you for alcohol or drug abuse on an unannounced basis, while on duty. The Employer will promptly terminate you (your services) if you refuse to submit to testing or if you test positive during this five-year period. You must meet all established standards of conduct and job performance. The Employer will terminate you (your services) if your on-the-job conduct or job performance is unsatisfactory. Satisfactory performance includes ongoing compliance with the drug testing policy, including testing if there is reasonable suspicion of violation of the prohibition of use. Nothing in this agreement alters your employment status. The Employer hopes its employment relationship with you will be a happy and enduring one. Nevertheless, you remain free to resign your employment (terminate your agreement) at any time for any or no reason without notice. I voluntarily agree to all the above conditions and authorize the Employee Assistance Program to provide the Fire Chief with proof of my enrollment and attendance at the recommended rehabilitation program. (Date) (Employee Signature) (Date) (Employer Signature) FORM Packet Pg. 243 11.A.c BUFFALO GROVE FIRE DEPARTMENT REPORT OF REASONABLE SUSPICION OF THE DRUG/ALCOHOL USE POLICY (This form must be completed the same day the Employee is asked to take a test) I, (Staff Officer), and I, (Lieutenant) have observed behavior in (Employee) that is consistent with the guidelines determining the need for reasonable suspicion drug testing as defined in the Village of Buffalo Grove Fire Department (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, Drug and Alcohol Abuse Policy. The Employer will adhere to the following guidelines when determining the need for reasonable suspicion drug testing: (Circle the observed behavior(s). l . Direct observation of drug use while at work. 2. Direct observation of physical symptoms or manifestations of being in violation of the Employer's Drug and Alcohol Abuse Policy while at work. 3. Abnormal conduct or erratic behavior while at work or a significant deterioration in work performance. 4. A report of drug abuse, provided by a reliable and credible known source, which has been independently corroborated. 5. Evidence that an individual has tampered with a drug test during his/her employment with the current Employer. 6. Information that an Employee has caused, or contributed to an accident while at work. 7. Evidence that an Employee has used, possessed, sold, solicited, or transferred drugs while working or while on this Employer's premises or while operating this Employer's vehicle, machinery or equipment. Packet Pg. 244 11.A.c NOTES: (Staff Officer) (Lieutenant) (Fire Chief) (Date) (Date) (Date) Packet Pg. 245 11.A.c FORM ACKNOWLEDGMENT, RELEASE AND CONSENT OF THE BUFFALO GROVE FIRE DEPARTMENT DRUG/ALCOHOL USE POLICY AND PROCEDURES I acknowledge that the Village of Buffalo Grove Fire Department (the "Employer") and the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, has a Drug and Alcohol Abuse Policy (the "Policy") and consent to the following: As a condition for consideration of my application for employment, I agree to undergo screening of my urine for illegal drugs. I further understand and agree that if employed, as a condition of my employment, I will be required to submit to testing for the detection of prohibited substances or alcohol based upon suspicion or following an accident, injury, spill or returning to work after an absence of 30 days or more. I consent to be tested and authorize any doctor, laboratory, hospital or medical professional, retained by BUFFALO GROVE FIRE DEPARTMENT, to release to any collection site personnel, medical review officer or Employer representative the information necessary to comply with this Policy. I release the doctors, laboratories and couriers or hospitals retained by the BUFFALO GROVE FIRE DEPARTMENT, their Employees, agents, contractors and successors and assigns from any liability whatsoever arising from the request to furnish the urine, the testing of the urine sample and decisions made concerning continued employment based upon the results of the analysis. (Date) (Applicant Signature) (Date) (Employer Signature) Packet Pg. 246 11.A.c APPENDIX B COMPARABLE COMMUNITIES 1. Elk Grove Village 2. Glenview 3. Gurnee 4. Highland Park 5. Hoffman Estates 6. Morton Grove 7. Mount Prospect 8. Mundelein 9. Niles 10. Northbrook 11. Park Ridge 12. Rolling Meadows 13. Wheeling 14. Wilmette Packet Pg. 247 Action Item : Reject All Bids and Rebid 2017 Carpeting Project ........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ Recommendation of Action Staff recommends approval. Staff recommends that the Village Board reject all bids and authorize staff to re -bid this project. ATTACHMENTS: • Memo - Carpet rebid (DOCK • BIDTAB Carpet 2017 a (PDF) Trustee Liaison Stein Monday, October 16, 2017 Staff Contact Brett Robinson, Finance Updated: 10/12/2017 2:49 PM Page 1 Packet Pg. 248 11.B.a A1, L AGE )F MEMORANDUM DATE: October 12, 2017 TO: Dane Bragg, Village Manager FROM: Brett Robinson, Purchasing Manager Mike Skibbe, Deputy Public Works Director SUBJECT: Carpet Re -Bid Background Staff sought bids for carpet replacement, only two bids were received and the pricing and quantities varied widely. After speaking with the bidders it was apparent that the cause of confusion was related to the release of an addendum which added an additional facility to the project. The confusion was compounded by non mandatory walkthroughs where bidders were provided inconsistent information. The revised bid document will include the additional facility within the original bid document and have a mandatory pre -bid walkthrough in an effort to provide consistency to the bidders. Recommendation Staff recommends that the Village Board reject all bids and authorize staff to re -bid this project. Packet Pg. 249 L OZ pe[,o d Bmmdj e0 mgetl pue s |el¥ pe@U:gBOZ e L�OZI ( 76 \\ \)} � \ cy & _ / ! [ f \ \\ \ \ \ \ J a \\ \ \ \ !J a aeo g¥lG e ]uem Ljoe n¥ \ a \ a