2017-12-18 - Village Board Regular Meeting - Agenda PacketFifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
A. Pledge of Allegiance
2. Approval of Minutes
A. Village Board - Regular Meeting - Nov 6, 2017 7:30 PM
B. Village Board - Special Meeting - Nov 13, 2017 7:30 PM
C. Village Board - Regular Meeting - Dec 4, 2017 7:30 PM
3. Approval of Warrant
A. Approval of Warrant #1284 (Trustee Johnson) (Staff Contact: Scott Anderson)
4. Village President's Report
5. Village Manager's Report
6. Special Business
7. Reports from Trustees
8. Consent Agenda
All items listed on the Consent Agenda, which are available in this room this evening, are
considered to be routine by the Village Board and will be enacted by one motion. There will be
no separate discussion of these items unless a Board member or citizen so requests, in which
event, the item will be removed from the General Order of Business and considered after all other
items of business on the Regular Agenda under New Business. (Attached).
A. R-2017-36 Resolution for Construction on State Highways (Trustee Stein) (Staff
Contact: Darren Monico)
SUMMARY: The Illinois Department of Transportation requires the Village to approve the
attached resolution every two years. This permits the Village to perform its required
maintenance and will act as the Village's Surety Bond for the calendar years 2018 and
2019.
B. Authorization to Seek Competitive Bids for Various Projects (Trustee Johnson) (Staff
Contact: Brett Robinson)
SUMMARY: Staff requests Authorization to Bid for the various Fiscal Year 2018 projects
as further detailed in the attached memo.
C. Authorization to Waive Bids and Seek Competitive Proposals for Various Projects for FY
2018 (Trustee Johnson) (Staff Contact: Brett Robinson)
SUMMARY: Staff requests authorization to waive bids for a limited number of fiscal year
2018 projects and seek competitive proposals as further detailed in the attached memo.
9. Ordinances and Resolutions
A. 0-2017-54 Ordinance Amending the Village's Personnel Manual to Include an Updated
Policy Prohibiting Sexual Harassment (Trustee Ottenheimer) (Staff Contact: Arthur
Malinowski)
B. R-2017-37 Resolution for the Execution of a Lease for Golf Carts at Buffalo Grove Golf
Club and Arboretum Golf Club (Trustee Weidenfeld) (Staff Contact: Geoff Tollefson)
10. Unfinished Business
11. New Business
A. Authorization for the Village Manager to Enter into a Collective Bargaining Agreement
with Metropolitan Alliance of Police, Police Patrol Officer Chapter #672 (Trustee Smith)
(Staff Contact: Jenny Maltas)
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.
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, NOVEMBER 6, 2017
CALL TO ORDER
President Sussman called the meeting to order at 7:31 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.
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Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas,
Deputy Village Manager; Scott Anderson, Finance Director; Andrew Brown, Deputy Finance Director; Art
Malinowski, Director of Human Resources; Brett Robinson, Director of Purchasing; Evan Michel, o
Management Analyst; Christopher Stilling, Director of Community Development; Mike Reynolds, Director
of Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of Golf Operations; Fire o
Chief Baker and Police Chief Casstevens. Q-
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APPROVAL OF MINUTES s
Moved by Ottenheimer, seconded by Weidenfeld, to approve the minutes of the October 16, 2017 Regular
Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
Moved by Johnson, seconded by Smith, to approve the minutes of the October 23, 2017 Special Meeting.
Upon roll call, Trustees voted as follows:
AYES: 5 — Berman, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
ABSTAIN: 1— Stein
Motion declared carried.
WARRANT #1282
Mr. Anderson read Warrant #1282. Moved by Bennan, seconded by Johnson, to approve Warrant #1282 in
the amount of $3,192,821.27, authorizing payment of bills listed. Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Sussman appointed Shari Ginsberg to the Commission for Residents with Disabilities. Moved
by Weidenfeld, seconded by Ottenheimer, to concur with President Sussman's appointment. Upon roll
call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
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Motion declared carried.
President Sussman asked Samantha Hartman-Stackhouse to come forward as she read Samantha's
accomplishments and recognized her second place finish in the National Archery in the Schools World
Tournament in Orlando, Florida. Samantha was then congratulated by the audience and the Board.
VILLAGE MANAGER'S REPORT
Mr. Bragg announced that the 2018 Village of Buffalo Grove Draft Budget is now available for public
inspection on the Village website, and noted that the Budget Presentation will take place at the Monday,
November 13, 2017 Board Meeting.
Mr. Brown presented the Buffalo Grove Days Financial Report, details of which are contained the memo
from him and Ms. Fabyan to Mr. Bragg and Mr. Anderson of October 4, 2017. Paulette Greenberg and J.
V. Springman commented on the changes that were made to the event this year, and thanked the Board and 3
staff for all of their help and support to ensure a very successful festival.
TRUTH IN TAXATION DETERMINATION G
Mr. Anderson gave a presentation regarding the Truth in Taxation Determination, details of which are o
contained in his memo to Mr. Bragg of November 1, 2017, noting that a Public Hearing will not be a
required since the proposed levy is not more than 105% of the amount extended from the prior tax year. Q
Moved by Johnson, seconded by Weidenfeld, that the corporate authorities find that that 2017 levy does not
exceed the 2016 levy by more than 5% as documented in Mr. Anderson's memo dated November 1, 2017
and by his report tonight, and that the rate of change was actually 3.27% and, therefore, there will not be a
need for a Public Hearing on December 3, 2017.
Trustee Berman noted that this is not the first time that the Board has addressed the question of the levy,
noting the impact of the state actions on our fiscal operations, and he expressed his concerns about the
magnitude of the change in the levy; he believes the levy is higher than it needs to be and he does not agree
with the numbers, however he does absolutely agree with the motion, consequently he is going to vote
"present" on the motion.
Upon roll call, Trustees voted as follows on the motion:
AYES: 5 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
PRESENT: 1 — Berman
Motion declared carried.
There were no reports from Trustees this evening.
REPORTS FROM TRUSTEES
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.
Resolution No. 2017-28 — Lake Cook Agreement
Motion to approve Third Amendment to the Lake Cook Road Agreement.
Resolution No. 2017-29 — Lake County Stormwater Management
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Motion to approve consideration for Trustees to sign an Agreement with Lake County Stormwater
Management.
TIPS
Motion to authorize TIPS — Joint Purchasing Contract.
Trustee Berman clarified that Resolution No. 2017-29 should state that the Village President, not the
Trustees, is authorized to apply for certification.
Moved by Weidenfeld, seconded by Ottenheimer, to approve the Consent Agenda as amended. Upon roll
call, Trustees voted as follows on the Consent Agenda:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2017-45 — BITS, INC.
Moved by Ottenheimer, seconded by Berman, to pass Ordinance No. 2017-45, approving an Economic
Incentive Agreement with BITS, Inc. at 850 Asbury Drive, subject to the condition that the final agreement
is subject to review and approval by the Village Attorney and in accordance with materials provided in
Board packets.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
November 2, 2017, after which he shared a video highlighting the BITS operation. Bob Frauenheim,
representing BITS, presented a brief history of the company and noted that they are very excited to begin
operations in Buffalo Grove.
Upon roll call, Trustees voted as follows on the motion:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2017-46 —1144 LAKE COOK ROAD
Moved by Stein, seconded by Berman, to pass Ordinance No. 2017-46, approving a Special Use for an
Amusement Establishment at 1 144 Lake Cook Road, in accordance with information contained in Board
packets.
Mr. Stilling reviewed the proposed ordinance, details of which are contained in his November 1, 2017
memo to the Board. The petitioner, Lakenya Reid, answered questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2017-47 — PLAZA VERDE WEST
Moved by Ottenheimer, seconded by Weidenfeld, to pass Ordinance No. 2017-47, Amendment to
Ordinance 0-71-33 and a Plat of Subdivision with Variations for Plaza Verde West located at 1315-1515
W. Dundee Road, in accordance with information provided in Board packets.
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Mr. Stilling reviewed the proposed agreement, details of which are contained in his memo to the Board of
November 1, 2017. Mr. Stilling noted a change in the signage as follows: The proposed free standing sign
shall be revised and located in a manner acceptable to the Village. The sign shall be set back a minimum of
21' from the right-of-way and shall not create a line -of -site issue.
Mr. Stilling's revision was acceptable to Trustees Ottenheimer and Weidenfeld.
Jerry Callahan, General Counsel for the developer, presented a brief background of the company and their
proposal, after which he answered questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None 3
Motion declared carried.
ROAD SALT G
Mr. Robinson reviewed the proposed purchase, details of which are contained in his memo to Mr. Bragg of o
November 1, 2017, after which he answered questions from the Board. a
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Moved by Stein, seconded by Weidenfeld, to authorize purchase of Road Salt for the 2017-2018 Winter
Season in accordance with materials contained in Board packets. a
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Mr. Robinson then answered questions from the Board. r�
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Upon roll call, Trustees voted as follows: N
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AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith >
NAYS: 0 — None z
Motion declared carried. o
VEHICLES
Moved by Smith, seconded by Johnson, to authorize purchase of replacement of Police & Public Works
Vehicles through the Suburban Purchasing Cooperative in a total not to exceed amount of $245,771.00.
Mr. Robinson reviewed the proposal, details of which are contained in the memo that he and Mr. Whalen
sent to Mr. Bragg of October 24, 2017, after which he answered questions from the Board and confirmed
that these purchases will be 100% funded through the vehicle reserve.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
POLICE STATION DETENTION SECURITY UPGRADE
Moved by Smith, seconded by Weidenfeld, to award bid for the Police Station Detention Security Upgrade
to All Tech Energy, Inc. in an amount not to exceed $39,582.40.
Mr. Robinson reviewed the proposal, details of which are contained in his memo to Mr. Bragg of
December 2, 2017.
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Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
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; there were no such questions.
ADJOURNMENT
Moved by Berman, seconded by Stein, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 8:20 P.M.
Janet M. Sirabian, Village Clerk
APPROVED BY ME THIS 18`h DAY OF December 2017
Village President
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MINUTES OF THE SPECIAL MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, NOVEMBER 13, 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.
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Also resent were: Dane Bra Village Manager; Jennifer Maltas Deputy Village Manager; Evan Michel
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Management Analyst; Scott Anderson, Director of Finance; Andrew Brown, Deputy Finance Director; Art
Malinowski, Director of Human Resources; Peter Cahill, Human Resources Management Analyst; Brett
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Robinson, Purchasing Manager; Mike Reynolds, Director of Public Works; Mike Skibbe, Superintendent of
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Public Works; Dave Haisma, Superintendent of Water Operations; Chris Stilling, Director of Economic
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Development; Darren Monico, Village Engineer; Brian Sheehan, Building Commissioner; Nicole Woods,
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Village Planner; Geoff Tollefson, Director of Golf Operations; Joe Bridges, Golf Professional; Fire Chef
Baker; Deputy Fire Chief Wagner; Police Chief Casstevens; and Deputy Police Chief Szos. 2
FISCAL 2018 BUDGET PRESENTATION
Mr. Bragg presented opening comments and the budget structure for this evening, details of which are
contained in his Budget Letter to the Corporate Authorities of October 30, 2017.
Ms. Maltas presented an overview of the Strategic Plan goals for 2018, and highlighted the key Strategic
Plan outcomes for 2017
Mr. Anderson reviewed the process of developing the budget for 2018 and a general review of the budget,
noting that there have been several meetings of the whole, as well as individual meetings with Board
members to get to this point. The Board and staff have worked on this budget throughout the entire year,
and the Board posed questions for staff prior to this meeting. All of those questions were answered by
staff, therefore, there are few unanswered questions being posed tonight.
Mr. Malinowski reviewed the Wages & Benefits portion of the budget.
Mr. Brown reviewed the Internal Service Funds,.
Mr. Anderson then reviewed the General Fund expenditures.
Department Heads reviewed their individual budgets and answered questions regarding those budgets.
Mr. Anderson then summarized the remainder of the budget, and thanked all of the department heads for all
of their efforts and hard work in compiling the current budget.
Mr. Bragg concluded the presentation and also thanked everyone who spent countless hours preparing the
document, again pointing out that this is very much a maintenance budget by being as cost efficient as
possible while continuing to maintain the high level of services that residents expect. Mr. Bragg also
thanked the Board for their support and for their careful deliberations with regard to public funds.
Trustee Johnson commended the Finance Department and all Village staff who committed to building our
first truly program -based budget, noting that this type of presentation really allows residents and Board
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members to easily understand what individual services actually cost our Village. Trustee Johnson further
commented on the difficult position being placed on municipalities by the State of Illinois.
Mr. Bragg responded to Trustee Johnson's comments regarding future financial situations.
President Sussman also thanked Mr. Bragg and all department heads and staff for their efforts in presenting
this budget.
Trustee Berman also commented on the effects that the State's finances have on municipalities; he
commended the staff for their efforts in presenting a very lean and conservative budget for 2018, noting
that those efforts are very much appreciated.
The budget document will be available online throughout the year
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QUESTIONS FROM THE AUDIENCE 3
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President Sussman asked if there were any questions from the audience on items not on tonight's agenda;
there were no such questions. 0
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ADJOURNMENT o
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Moved by Weidenfeld, seconded by Johnson, to adjourn the meeting. Upon voice vote, the motion was Q
unanimously declared carried. The meeting was adjourned at 10:03 P.M.
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Janet M. Sirabian, Village Clerk N
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APPROVED BY ME THIS 18`" DAY OF December , 2017 >
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Village President
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MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON MONDAY, DECEMBER 4, 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.
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Also present were: Dane Bragg, Village Manager; William Raysa, Village Attorney; Jennifer Maltas,
Deputy Village Manager; Scott Anderson, Finance Director; Art Malinowski, Director of Human
Resources; Peter Cahill, Human Resources Management Analyst; Brett Robinson, Director of Purchasing; o
Evan Michel, Management Analyst; Christopher Stilling, Director of Community Development; Mike
Skibbe, Deputy Director of Public Works; Darren Monico, Village Engineer; Geoff Tollefson, Director of o
Golf Operations; Fire Chief Baker and Deputy Police Chief Eisenmenger. a
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There is no approval of minutes tonight.
APPROVAL OF MINUTES Is
WARRANT #1283
Mr. Anderson read Warrant #1283. Moved by Ottenheimer, seconded by Stein, to approve Warrant #1283
in the amount of $5,458,236.28 authorizing payment of bills listed. Upon roll call, Trustees voted as
follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
President Sussman recognized members of the Buffalo Grove Blood Drive who have consistently
volunteered their time to make the Buffalo Grove Blood Drives a success. Trustee Johnson noted that these
volunteers recently received an award for being in the top twenty blood donor groups in the Chicago area.
There was only one other municipality with a higher donation than Buffalo Grove. On behalf of the Health
Commission, Trustee Johnson presented the award to the Village as a thank you for their support of the
mission to save lives. The volunteers were then congratulated and thanked by the audience and the Board.
VILLAGE MANAGER'S REPORT
Deputy Chief Eisenmenger introduced Officer Carlson of the Traffic Unit who reviewed the Saved by the
Belt award which is promoted by the Illinois Department of Transportation's Bureau of Safety Programs
and Engineering. The award was created to increase awareness of the lifesaving value of safety belts and
car seats. Officer Carlson then reviewed the circumstances where the three-year old daughter of the
O'Connor family was involved in a serious vehicle crash, but was not injured due to her being properly
secured in a vehicle car seat. The O'Connor family came forward and was presented with the award and
was congratulated by the audience and the Board.
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Brian Rubin, Chairman of the Fire & Police Commission, presented Officer Jonathan Officer with his
official Buffalo Grove Police Department badge as he was congratulated by the audience and the Board.
Fire Chief Baker presented Michael Manka with his official Buffalo Grove Fire Department Firefighter/
Paramedic badge as he also was congratulated by the audience and the Board.
PUBLIC HEARING — FY 2018 BUDGET
President Sussman called the Public Hearing to discuss the Fiscal Year 2018 Budget to order at 7:43 PM.
Roll call indicated the following present: President Sussman, Trustees Berman, Stein, Ottenheimer,
Weidenfeld, Johnson and Smith.
President Sussman noted the purpose of the Public Hearing, which was published in the Daily Herald on
November 3, 2017.
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Mr. Anderson noted that a public hearing is required prior to the adoption of the FY 2018 Village Budget.
The FY 2018 Budget was presented to the Village Board during the Special Board Meeting on November
13, 2017. The FY 2018 draft budget has been made available to the public since October 30, 2017. The o
final draft budget has been published on the Village website; he then answered questions from the Board.
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At 7:55 PM, President Sussman recessed the Public Hearing until the agenda item later on in this meeting. a
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REPORTS FROM TRUSTEES Is
Trustee Ottenheimer wanted everyone to know how hard working and generous the Buffalo Grove Police
Department is, and he noted several ways that our Police Department has engaged with the community
throughout the year, highlighting the recent holiday "Shop with a Cop" event and the $45,000 that they
raised for Special Olympics.
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.
Resolution No. 2017-30 — Private Activitv Bond
Motion to pass Resolution No. 2017-30 ceding the 2017 Unused Private Activity Bond Volume Cap of the
Village of Buffalo Grove (Including Volume Cap Transferred from Other Lake County Home Rule Units)
to Lake County.
Ordinance No. 2017-48 — Potable Water Supply
Motion to pass Ordinance No. 2017-48, prohibiting the use of groundwater as a Potable Water Supply by
the installation or use of Potable Water Supply Wells or by any other method.
Ordinance No. 2017-49 — Meridian School
Motion to pass Ordinance No. 2017-49, granting Preliminary Plan Approval and a Special Use for
Meridian School at 2195 Brandywyn Lane.
Ordinance No. 2017-50 —1501 Busch Parkway
Motion to pass Ordinance No. 2017-50, approving an Amendment to Special Use Ordinance 97-4, 2015-
56, and 2016-48 for 1501 Busch Parkway.
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Proclamation — National Drunk & Drugged Driving Prevention Month
Motion to approve Proclamation recognizing December 2017 as National Drunk and Drugged Driving
Prevention Month.
Newsletter Printing
Motion to award contract for Newsletter Printing contract to Presstech Inc. in an amount not to exceed
$21,081.00.
MPI Emergency Contractor Assistance
Motion to award bid for Emergency Contractor Assistance to the following three contractors: DiMeo
Brothers, Inc., Mark Mead Excavators, Inc. and Kloepfer Construction, Inc.
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Carpet Award of Bid
Motion to award bid to the lowest responsive and responsible bidder, Tiles in Style, in an amount not to 0
exceed $31,498.00.
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Police Pension Fund Q-
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Motion to accept the Municipal Compliance Report — Police Pension Fund. Is
Fire Pension Fund
Motion to accept the Municipal Compliance Report — Fire Pension Fund.
Mr. Bragg noted that, on Item B., that area is already served by Lake Michigan water and there is no impact
to the Village of Buffalo Grove.
Moved by Berman, seconded by Ottenheimer, to approve the Consent Agenda. Upon roll call, Trustees
voted as follows on the Consent Agenda:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2017-51 — LEVY & COLLECTION OF TAXES
Moved by Johnson, seconded by Weidenfeld, to pass Ordinance No. 2017-51 for the Levy and Collection
of Taxes for the Fiscal Year commencing on the 1st of January, 2018 and ending on the 3 1 " day of
December, 2018.
Mr. Anderson reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg
of November 30, 2017.
Trustee Berman noted that he will be voting negatively on the proposed ordinance and explained his
reasons for doing so, commending staff for their efforts to produce a meaningful budget under difficult
circumstances brought on by many units of government other than the Village of Buffalo Grove.
Upon roll call, Trustees voted as follows:
AYES: 5 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 1 —Berman
Motion declared carried.
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ORDINANCE NO.2017-52 — TAX ABATEMENT
Moved by Johnson, seconded by Ottenheimer, to pass Ordinance No. 2017-52, abating taxes levied for the
Village of Buffalo Grove, Cook and Lake Counties, Illinois, as documented in Board packets.
Mr. Anderson reviewed the proposed ordinance, details of which are contained in the Village Board
Meeting Agenda Item Overview that he prepared.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2017-31— LOSS IN COLLECTION — LAKE COUNTY
Moved by Johnson, seconded by Berman, to pass Resolution No. 2017-31, requesting the County of Lake
not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove.
Mr. Anderson reviewed the proposed ordinance, details of which are contained in the Village Board
Meeting Agenda Item Overview that he prepared.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2017-32 — LOSS IN COLLECTION — COOK COUNTY
Moved by Johnson, seconded by Weidenfeld, to pass Resolution No. 2017-32, requesting the County of
Cook not to collect the Loss in Collection on Taxable Property in the Village of Buffalo Grove.
Mr. Anderson reviewed the proposed ordinance, details of which are contained in the Village Board
Meeting Agenda Item Overview that he prepared.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2017-53 — FISCAL 2018 BUDGET
Moved by Johnson, seconded by Smith, to pass Ordinance No. 2017-53, adopting the Fiscal 2018 (January
1 to December 31, 2018) Budget for the Village of Buffalo Grove, as documented in Board packets and
which has been published electronically on the Village website.
Mr. Anderson reviewed the proposed ordinance, details of which are contained in the Village Board
Meeting Agenda Item Overview that he prepared, after which he answered questions from the Board.
Trustee Berman wanted to make clear that he commends the staff for their efforts and for doing an
incredibly difficult job in presenting an excellent document, and notwithstanding his expressed concerns
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regarding the levy and budget, and his vote against the levy, in deference to the majority wishes of the
Board, he will vote Present, thereby having his vote count with the majority.
Trustee Stein noted that his comments concern switching to a program -based budget from a line -item
budget where he was able to see exactly where the money was going, as well as to the Internal Services
funds and he would hope that we are getting closer to being able to detail where those Internal Services
funds are actually going. Mr. Anderson responded to Trustee Stein's comments, noting that there is no
doubt as to the fact that those funds are funding the Internal Services operations.
Mr. Bragg also made clear that Internal Service fund transfers cover more than just building maintenance,
and include capital, equipment, information technology and all internal services.
Trustee Johnson noted that the first document sent to the Board was a line -item budget, in addition to the
program -based budget.
Upon roll call, Trustees voted as follows:
AYES: 5 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
PRESENT: 1 — Berman
Motion declared carried.
Moved by Ottenheimer, seconded by Weidenfeld, to close the Public Hearing. Upon roll call, Trustees
voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
The Public Hearing was closed at 8:24 PM.
President Sussman thanked all staff members and the Village Board for a job well done.
RESOLUTION NO. 2017-33 — PAY RANGES
Moved by Bennan, seconded by Smith, to pass Resolution No. 2017-33, approving the 2018 Pay Ranges,
as documented in Board packets.
Mr. Malinowski reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg
and Ms. Maltas of November 28, 2017, after which he answered questions from the Board.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2017-34 — PROCUREMENT POLICY
Moved by Johnson, seconded by Berman, to pass Resolution No. 2017-34, revising the Procurement
Policy.
Mr. Robinson reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg
of November 27, 2017.
Upon roll call, Trustees voted as follows:
R
Packet Pg. 14
2.0
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO.2017-35 — 2018-2023 STRATEGIC PLAN
Moved by Ottenheimer, seconded by Johnson, to pass Resolution No. 2017-35, adopting the 2018-2023
Buffalo Grove Strategic Plan in accordance with materials presented to the Board.
Ms. Maltas briefly reviewed the proposed resolution, details of which are contained in the Village Board
Meeting Agenda Item Overview that she prepared.
Trustee Johnson commended Deputy Village Manager Maltas and thanked her and Mr. Michel for a job
well done.
3
C
Trustee Berman noted that, while on the whole, the document reflects the priorities of the Board, there are 2
certain elements that are missing and should have been addressed. President Sussman noted that those o
items will be addressed in January.
0
i
Upon roll call, Trustees voted as follows: a
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AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith 2
NAYS: 0 — None a
Motion declared carried. G
M
LED STREET LIGHT IMPROVEMENT
Moved by Stein, seconded by Berman, to approve waiver of bids and authorization to execute an agreement
with BA Lighting in an amount not to exceed $29,839.65 for 118 street light replacements, pending review
and approval of the agreement by the Village Attorney and in accordance with materials provided in Board
packets.
Mr. Robinson reviewed the proposed agreement, details of which are contained in the memo from him and
Mr. Monico to Mr. Anderson and Mr. Bragg of November 30, 2017.
Trustee Berman commended everyone involved for their efforts in moving this initiative forward on an
expedited basis, and thanked them on behalf of everyone in the community.
Upon roll call, Trustees voted as follows:
AYES: 6 — Berman, Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYS: 0 — None
Motion declared carried.
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.
Megan Ryan, representing one of our local legislators, commented on the services offered by their offices
to our residents.
ADJOURNMENT
Packet Pg. 15
2.0
Moved by Smith, seconded by Berman, to adjourn the meeting. Upon voice vote, the motion was
unanimously declared carried. The meeting was adjourned at 8:45 P.M.
Janet M. Siiabian, Village Clerk
APPROVED BY ME THIS 18`" DAY OF December 2017
Village President
Packet Pg. 16
3.A
Action Item : Approval of Warrant #1284
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action pp
ll
Staff recommends approval.
Approval of Warrant #1284 which totals $2,770,883.15.
ATTACHMENTS:
• W#1284 SUMMARY (PDF)
Trustee Liaison
Johnson
Monday, December 18, 2017
Staff Contact
Scott Anderson, Finance
Updated: 12/14/2017 3:05 PM
Page 1
Packet Pg. 17
3.A.a
VILLAGE OF BUFFALO GROVE WARRANT #1284
18-Dec-17
General Fund:
337,403.49
Parking Lot Fund:
108.00
Motor Fuel Tax Fund:
0.00
Debt Service Fund:
0.00
School & Park Donations
0.00
Capital Projects -Facilities:
0.00
Capital Projects -Streets:
5,978.00
Health Insurance Fund:
0.00
Facilities Development Debt Service Fund:
0.00
Retiree Health Savings (RHS):
0.00
Water Fund:
355,525.19
Buffalo Grove Golf Fund:
44,219.58
Arboretum Golf Fund:
75,048.08
Refuse Service Fund:
0.00
Information Technology Internal Service Fund:
68,729.85
Central Garage Internal Service Fund:
17,393.83
Building Maintenance Internal Service Fund:
39,863.17
944,269.19
PAYROLL PERIOD ENDING 11/30/17 936,654.68
PAYROLL PERIOD ENDING 12/14/17 889,959.28
1,826,613.96
TOTAL WARRANT #1284 2,770,883.15
APPROVED FOR PAYMENT BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF BUFFALO GROVE, ILLINOIS
Village Clerk
Village President
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Packet Pg. 18
8.A
Resolution No. R-2017-36 : Resolution for Construction on State
Highways
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action pp
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll
Staff recommends that the resolution be approved by the Village Board and that a certified copy be
transmitted to the State.
SUMMARY: The Illinois Department of Transportation requires the Village to approve the attached
resolution every two years. This permits the Village to perform its required maintenance and will act as
the Village's Surety Bond for the calendar years 2018 and 2019.
ATTACHMENTS:
• resolution 2018-2019 (DOCX)
• IDOT letter (PDF)
Trustee Liaison
Stein
Monday, December 18, 2017
Staff Contact
Darren Monico, Public Works
Updated: 12/11/2017 2:04 PM
Page 1
Packet Pg. 19
8.A.a
RESOLUTION NO. 2017-
A RESOLUTION THAT WILL SERVE AS A SURETY BOND WHEN
PERMITS ARE REQUESTED BY THE VILLAGE OF BUFFALO
GROVE TO DO WORK IN THE STATE RIGHT-OF-WAY. SUCH
RESOLUTION TO BE VALID FOR THE CALENDAR YEARS 2018 AND
2019.
WHEREAS, the Village of Buffalo Grove, hereinafter referred to as MUNICIPALITY, located in the
Counties of Cook and Lake, State of Illinois, desires to undertake, in the years 2018 and 2019, the
location, construction, operation, and maintenance of driveways and streets returns, water main, sanitary
and storm sewers, street lights, traffic signals, sidewalks, landscaping, etc., on State highways, within
said MUNICIPALITY, which by law and/or agreement come under the jurisdiction and control of the
Department of Transportation of the State of Illinois hereinafter referred to as DEPARTMENT; and,
WHEREAS, an individual working permit must be obtained from the DEPARTMENT prior to any
of the aforesaid installations being constructed either by the MUNICIPALITY or by a private person or firm
under contract and supervision of the MUNICIPALITY.
NOW, THEREFORE, BE IT RESOLVED BY THE MUNICIPALITY:
FIRST: That the MUNICIPALITY hereby pledges its good faith and guarantees that all work shall
be performed in accordance with the conditions of the permit to be granted by the DEPARTMENT, and to
hold the State of Illinois harmless during the prosecution of such work, and assume all liability for
damages to person or property due to accidents or otherwise by reason of the work which is to be
performed under the provision of said permit.
SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and
authorized to sign said working permit on behalf of the MUNICIPALITY.
AYES:
NAYES:
ABSENT:
PASSED:
APPROVED:
ATTEST:
Village Clerk
12017
12017
APPROVED:
Village President
Packet Pg. 20
34,, EN -
8.A.b
Illinois Department of Transportation
Office of Highways Project Implementation / Region 1 / District 1
201 West Center Court / Schaumburg, Illinois 60196-1096
PERMITS
Resolution for Construction on State Highway
November 3, 2016
The Honorable Beverly Sussman
Village President
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
Dear Village President Sussman:
Chapter 121 of the Illinois revised statutes requires that any person, firm or
corporation desiring to do work on state maintained rights of way must first
obtain a written permit from the Illinois department of transportation. This
includes any emergency work on broken watermains or sewers.
A surety bond is required with each permit application to insure that all work is
completed in accordance with state specifications and that the right of way is
properly restored.
For permit work to be performed by employees of a municipality a resolution is
acceptable in lieu of the surety bond. This resolution does not relieve
contractors hired by the municipality from conforming with the normal bonding
requirements nor from obtaining permits.
The resolution should be enacted for a period of two years. This procedure will
save time and effort as well as reduce the annual paperwork associated with an
annual resolution.
In order to expedite the issuance of permits to your municipality during the next
two calendar years the attached sample resolution should be adopted and a;
signed and certified copy thereof returned to this office. This resolution does
not constitute a blanket permit for work in the State system. A separate
E
application must be made in each instance. In the case of an emergency,
verbal authority may be given prior to receipt of the written application. After
normal working hours or weekends, this authority can be obtained from our
Communications Center at (847)705-4612.
Packet Pg. 21
November 3, 2016
Page two
We would appreciate the cooperation of your community in withholding the
issuance of building permits along State highways until the builder shows
evidence of a State highway permit having been obtained. Our permit staff
would be willing to answer any questions you may have regarding current
policies or practices and to work with your planning commission on any new
developments within your municipality.
Do not hesitate to contact Ms. Beverly Hawley, Office Coordinator at (847) 705-
4142.
Very truly yours,
John Fortmann, P.E.
Region One Engineer
By*6:
Thomas'C . 8'allenbach, P.E.
Traffic Permits Engineer
I Packet Pg. 22 1
RESOLUTION
8.A.b
Whereas, theyyy_� hereinafter referred to as MUNICIPALITY, located
in the County of __........ State of Illinois, desires to undertake, in the years
20_ and 20_, the location, construction, operation and maintenance of driveways and
street returns, watermain, sanitary and storm sewers, street light, traffic signals,
sidewalk, landscaping, etc., on State highways, within said MUNICIPALITY, which by
law and/or agreement come under the jurisdiction and control of the Department of
Transportation of the State of Illinois hereinafter referred to as Department, and,
Whereas, an individual working permit must be obtained from the Department prior to
any of the aforesaid installations being constructed either by the MUNICIPALITY or by a
private person of firm under contract and supervision of the MUNICIPALITY.
NOW, THEREFORE, be it resolved by the MUNICIPALITY:
FIRST: That MUNICIPALITY hereby pledges its good faith and guarantees that all
work shall be performed in accordance with conditions of the permit to be granted by
the Department, and to hold State of Illinois harmless during the prosecution of such
work, and assume all liability for damages to person or property due to accidents or
otherwise by reason of the work which it to be performed under the provision of said
permit.
SECOND: That all authorized officials of the MUNICIPALITY are hereby instructed and
authorized to sign said working permit on behalf of the MUNICIPALITY.
Corporate Seal
11 .................... hereby certify the
above to be true copy of the resolution passed by the
MUNICIPALITY. Dated this day
Of_w._..,.......__...... — A.D. --
By: ................... . .....
Packet Pg. 23
8.B
Action Item : Authorization to Seek Competitive Bids for Various
Projects
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action pp
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll
Staff recommends approval.
SUMMARY: Staff requests Authorization to Bid for the various Fiscal Year 2018 projects as further
detailed in the attached memo.
ATTACHMENTS:
• Auth to bid 2018 memo (DOCX)
Trustee Liaison
Johnson
Monday, December 18, 2017
Staff Contact
Brett Robinson, Finance
Updated: 12/11/2017 2:24 PM
Page 1
Packet Pg. 24
8.B.a
1,1 F
�13UFFALO GROVE
DATE:
December 12, 2017
TO:
Dane Bragg, Village Manager
FROM:
Brett Robinson, Purchasing Manager
RE:
Authorization to Bid 2018
Background
Is
In prior years, staff would bring before the Village Board numerous projects requesting authorization to bid
each project separately. As many of those projects were either performed on an annual basis or were
scheduled well in advance, staff believes it would be more efficient to bring most of these projects forward for
authorization to seek competitive bids as a single agenda item.
The following projects are routinely bid on an annual basis, purchased through joint bids, or are part of the CIP
program and are planned to be procured in Fiscal Year 2018, as such staff would request the Village Board
provide Authorization to Bid for each of these projects. Each Bid document will be reviewed by the Village
Attorney prior to release and each listed project will be brought back before the Village Board with a request
for an award of contract/award of agreement.
Recommendation
Staff requests Authorization to Bid or seek Competitive Proposals for the below listed 2018 fiscal year projects.
Projects / Procurements
Project Start Date
Bid/RFP Release Date
Engineering
Bike Path Parking Lot Imp
5/20/2018
3/6/2018
Crack Sealing
4/1/2019
1/16/2019
Dundee Rd Median Improvements
5/30/2018
3/16/2018
Lift Station/Force Main Rehabilitation/Repair
Sanitary Sewer Rehabilitation/Repair
Storm Sewer Rehabilitation/Repair
Sidewalk Replacement
5/20/2018
3/6/2018
Street - Roadway Resurfacing
5/30/2018
3/1/2018
Street Maintenance
5/30/2018
3/1/2018
Street Roadway Reconstruction
5/30/2018
3/1/2018
Collector Route Maintenance
5/30/2018
3/1/2018
Water Main Rehabilitation/Repair
5/5/2018
2/1/2018
Sewer Televising
1/1/2019
10/18/2018
Street Striping
4/30/2018
2/14/2018
Public Works
Carpet replacement
2/1/2018
Floor Tile replacement
5/30/2018
3/16/2018
MPI Elevator Maintenance
4/1/2018
1/16/2018
HVAC Rooftop Replacements
4/20/2018
2/4/2018
MPI HVAC Maintenance
3/30/2018
1/14/2018
Joint Purchase Salt - count
2/28/2018
12/30/2017
Page 1 of 2
Packet Pg. 25
8.B.a
Joint Purchase Salt - state
3/1/2018
12/31/2017
Liquid Deicing - Other < $20k
Natural Gas Service - Review 2018
9/30/2018
7/17/2018
Parkway Tree Replacement
Pest Control Village facilities?
6/1/2018
3/18/2018
Pump House Repairs and Security Improvements
6/1/2018
PSC Bathroom Remodel
3/18/2018
Roof Replacement/Repair
9/1/2018
6/18/2018
SCADA Improvements
SCADA Services
2/27/2018
Snow Removal at Metra
Street Light Maintenance
4/30/2018
2/14/2018
Village Green brick pathway reconstruction
5/30/2018
3/16/2018
MPI Leak Detection
Police
Morgue Transport
3/1/2018
12/16/2017
Police Jail Interlock Upgrade
1/31/2018
11/17/2017
Towing
7/31/2018
5/17/2018
Cabinets & Countertops
6/1/2018
3/18/2018
AV Improvements Police Training Room
5/1/2018
2/15/2018
Lobby Interview Room Remodel
7/2/2018
4/18/2018
Fire
CAFT Site rebid
3/30/2018
12/7/2017
Fire Station Sign Replacement
7/1/2018
4/2/2018
Golf
Golf Course Improvements
11/1/2018
8/24/2017
Golf Course Irrigation Improvements
11/1/2018
8/18/2017
Golf Course Parking Lot Maintenance
5/20/2018
3/6/2018
Facility Maintenance
5/1/2018
2/15/2018
Tree Trimming
2/1/2018
10/24/2017
Vehidle'
Equipment Purchase PW
TBD
Vehicle Purchase Fire — SPC Joint Bid
1/23/2018
11/9/2017
Vehicle Purchase Police — SPC Joint Bid
1/23/2018
11/9/2017
Vehicle Purchase PW — SPC Joint Bid
3/7/2018
12/22/2017
OV
Call One - Phone
2/28/2018
12/15/2017
Utility Bill Printing
6/1/2018
3/18/2018
Video Services
8/30/2019
6/1/2019
Village Gateway Feature
10/1/2018
7/3/2018
Computer Hardware - GovITC Joint Bid
varies
BG Da
Fireworks
9/30/2018
7/2/2018
Tents BG Days
10/30/2018
8/1/2018
ComMunity Development'
Elevator Inspections — Lake Co. Joint Bid
1 11/30/2018
9/1/2018
All listed dates are tentative
Page 2 of 2
Packet Pg. 26
8.0
Action Item : Authorization to Waive Bids and Seek Competitive
Proposals for Various Projects for FY 2018
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action pp
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll
Staff recommends approval.
SUMMARY: Staff requests authorization to waive bids for a limited number of fiscal year 2018 projects
and seek competitive proposals as further detailed in the attached memo.
ATTACHMENTS:
• Auth to waive bids 2018 memo(DOCX)
Trustee Liaison
Johnson
Monday, December 18, 2017
Staff Contact
Brett Robinson, Finance
Updated: 12/11/2017 2:24 PM
Page 1
Packet Pg. 27
8.C.a
VILLAGE OF
I13 F F GIII
DATE: December 12, 2017
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
RE: Authorization to Waive Bids and seek Proposals 2018
Background
Is
In prior years, staff would bring before the Village Board numerous projects requesting authorization to bid
each project separately. As many of those projects were either performed on an annual basis or were
scheduled well in advance, staff believes it would be more efficient to bring most of these projects forward for
authorization to waive bids and seek competitive proposals or negotiate services as a single agenda item.
The following projects are part of the CIP program or are planned to be procured in Fiscal Year 2018, as such
staff would request the Village Board provide Authorization to waive bids on each of these projects. Each
Request for Proposal document will be reviewed by the Village Attorney prior to release and each listed project
will be brought back before the Village Board with a request for an award of contract/award of agreement.
Recommendation
Staff requests Authorization to seek Competitive Proposals or Negotiate for the below listed 2018 fiscal year
projects.
Projects / Procurements
Projected
Award
Notes
SCADA Improvements
Dates project dependent - RFP
Comprehensive Plan
10/2/2018
RFP
AV Improvements Police Training Room
S/7/2018
RFP
Audit Services
10/1/2018
RFP
Banking Services
3/3/2018
RFP
Cable Franchise
Consortium RFP - Negotiation
Refuse and Recycling
RFP - Negotiation
Fire Plan Review
10 3 2018
RFP
Utility Bill Printing
4 3 2017
Possible joint RFP
Bus Service BGDa s
Negotiation
Sound and Lighting BGDa s
Negotiation
Tents and Equipment BGDa s
Negotiation
PW Asset Management Software
Consortium RFP - Negotiation
All listed dates are tentative
Page 1 of 1
Packet Pg. 28
9.A
Ordinance No. 0-2017-54 : Ordinance Amending the Village's
Personnel Manual to Include an Updated Policy Prohibiting Sexual
Harassment
Recommendation of Action
Staff recommends approval.
The attached ordinance provides for the amendment to the Village's Personnel Manual to incorporate
changes to the Village of Buffalo Grove's current Anti -Harassment Policy, to comply with the recently
amended State Officials and Employees Ethics Act (the Act).
Public Act 100-0554 (the Act) amends the State Officials and Employees Ethics Act, including Section 70-
5, pertains to government entities.
The Act mandates all governmental units adopt, within 60 days after the effective date of November 16,
2017, which is January 15, 2018, an ordinance or resolution establishing a policy prohibiting sexual
harassment.
Staff is working on additional changes to the Personnel Manual that were previously discussed at a
Committee of the Whole meeting and those changes will come before the Village Board at the January
Village Board meeting.
ATTACHMENTS:
• 2017 Personnel Manaul Amendment Memo 12 11 2017 (DOCX)
• 2017 Anti Sexual Harassment Ordinance 12 18 2017 (DOCX)
• REDLINE Buffalo Grove EEO and Anti -Harassment Policies 1 1 (DOCX)
• FINAL Buffalo Grove EEO and Anti -Harassment Policies 1 1 (DOCX)
Trustee Liaison
Ottenheimer
Monday, December 18, 2017
Staff Contact
Arthur a Malinowski, Human Resources
Updated: 12/14/2017 1:20 PM
Page 1
Packet Pg. 29
9.A.a
BUI�uFALO GROVE
MEMORANDUM
DATE: December 12, 2017
TO: Dane Bragg, Village Manager
FROM: Arthur A. Malinowski, Jr., Director of Human Resources
IN
SUBJECT: Recommendation — Amendment to Personnel Manual to an Updated Policy
Prohibiting Sexual Harassment.
As recently discussed, Public Act 100-0554 (the Act) amends the State Officials and Employees
Ethics Act, including Section 70-5, which pertains to government entities.
The Act mandates that all governmental units adopt, within 60 days after the effective date of
November 16, 2017, which is January 15, 2018, an ordinance or resolution establishing a policy
prohibiting sexual harassment. Please note that the Village has had such a policy in place for
many years.
Pursuant to this new mandate, attached please find a revised policy prohibiting sexual
harassment. This updated policy has been reviewed by both Staff and Labor & Employment Law
Counsel to ensure that it complies with this new State mandate.
I am available to discuss this matter with you further at your convenience.
Packet Pg. 30
9.A.b
ORDINANCE NO. 2017-
AN ORDINANCE ADOPTING A POLICY PROHIBITING SEXUAL HARASSMENT
FOR THE VILLAGE OF BUFFALO GROVE
WHEREAS, the Illinois General Assembly has recently enacted Public Act 100-0554, an Act concerning
government, which became effective immediately, dated November 16, 2017;
WHEREAS, pursuant to the Act, each governmental unit shall adopt an ordinance or resolution
establishing a policy to prohibit sexual harassment;
WHEREAS, all prior existing sexual harassment policies of the Village of Buffalo Grove shall be superseded
by the Policy Prohibiting Sexual Harassment adopted by this Ordinance; and
WHEREAS, should any section or provision of this Ordinance or the adopted Policy Prohibiting Sexual
Harassment be declared to be invalid, that decision shall not affect the validity of this Ordinance or adopted Policy
Prohibiting Sexual Harassment as a whole or any part thereof, other than the part so declared to be invalid;
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS that:
Section 1. The Policy Prohibiting Sexual Harassment, included with this Ordinance, is hereby adopted
Section 2. This Ordinance shall be in full force and effect from and after its passage and approval. This
Ordinance shall not be codified.
AYES:
NAYES:
ABSENT:
PASSED: , 2017. APPROVED: 2017.
Village President
ATTEST:
Village Clerk
Packet Pg. 31
9.A.c
VILLAGE OF BUFFALO GROVE
PERSONNEL MANUAL
EQUAL EMPLOYMENT OPPORTUNITY
Sections:
3.01 Policy & Responsibility
3.02 Anti -Harassment Policy
A. Policy & Responsibility
The Village of Buffalo Grove is firmly committed to providing equal employment
opportunities to all_ applicants and employees. This commitment applies to all
aspects of employment, training, compensation, promotion, discipline, discharge and other terms
and conditions of employment without regard to any legally protected category including
(without limitation): race, color, religion, sex, sexual preference or sexual orientation, gender,
gender identity or expression, national origin, citizenship status, ancestry, age, marital status,
Civil Union status, military status, disability
1
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Packet Pg. 32
9.A.c
peffofm the essential funetions of his Job "W41, of without a reasonable aeeotuFaodff4oii4, genetic
history, or unfavorable discharge from military service (except where provided by federal, state
or local law), pregiancy, childbirth, or a medical condition related to pregnancy or child birth, or
any other category protected b 1�.
any of the pt:oteeted eategefies listed Aha—e
Alleged violations of this policy should be promptly reported to the Village Manager (or
designee), Department Director, Division Director, Director of Human Resources or Deputy
Village Manager. All such reports will be promptly investigated and remedied as appropriate.
No retaliation will be taken or tolerated against any person who files a complaint, requests an
accommodation, and/or participates in an investigation under this policy.
B-------- D S'I—'hiicIfly_ JImm, Aai,y uilpaiui,
'll4oa__"V_nl�alx4__4�fl_��puu6<�➢tro_�mn_��t�c_nro.��nll�a_�_na,�� a�an�tV��_a_��q_a_g�nuMnb�ag�aflaAdu4mm�� �v_➢�t,rr� mncg4_,�dy_��nn;_a�ll_G,
ram aafpaficaan4 with di i f p" y,
maprogaayp,a,a- aauua�/_ ��-uaQronhunaa�u nu-agiaru yu4 ng°gay`nm4 gar reg-n nrnu; cllu-➢r9bura,gr��__sror_
a aua°ag pa%_ rorc° naairna° ear .anhngaigagn.n. e gnahv dl.lar g`i_.o herMse
irtia°sine~uu)__a°aarnuguppgontiu rare°_ p ?" Y ln, paraon,paNa°aH >Igo._
npuu ngugie Hero prem(6- n kha.°_a s wlau 1 fin icti n end°9nn,n )ob;-
J n o Grarovn; romaro �._.. nl rn�r ao `disability,
ll° 1
e u _ � ;e as __ Buffalo � n roar a n�,,en'urnun'n3ivaron'n annn � e "...
g �1" sue, nha__�iiggara,c_o
g:kuegu.nauunp,° or ii'kpaa na,aa_.i�arona u0,aanmi�� r67 ati0,apr Qaa ron1�..
m,nanna°' .�_a9r a" oa ¢�„ roi�r4 u. ua,ra�g ��.
Brdlaull��__t �m���%e willl_vaa l ua_dau �__dar!_��uua� __ � ua lld�ua vaa__(aa���' 'rf �rllluv,�,__s iimui�llasyn -ks_irn�__vrvluc�nu__va n,uh
7 y n ream Ln.dnunk.,__an1
n kgroea----aro ire-----u0,amu---- . aruurkw;gomaroavnantrraron, ma;pra;wna a_n: eii� np, rnenima a�euupp.
aprp"urr_reuse ,hip _ flu _a lhnarSL,._aduv,upjq rna,._ic ii a -t o �ha 4a n nn�, i»u a�!u�a �atpl! _� -(aLnn2Nain�vd_a a iuiroVsroyuuuvvnt
taro the gvn s� s arok`gr,va kpnsnurn;y Groh aka�nvagroiignOY,�_
JC'he °yunhlj,as sad' )luuffia a.�.__Orov _:fin illll nol requiem _sumo asmu-n,ptoymx,, a_�udln et(I' �_.q"roy_a disability or
grur'.pp<uu y__nv __n ll�4__a lecar!a__v�l _�b�a'M a__�Kt.,Ju tQ _thy_ v_tram-�k y � � y �a;hes�_u_�_�:vuaroQVua_'r r �avtnp abl
naanerunnugMa )da9 oiii_r�apu_b iputiyjjNka _nip_,i➢lac._hiva_o"na_un e(fir�nQ__coiivail6oa a�_na.Qated_to the (fisabifity
ermarGao r;r°. g�auu^„' .
�gn"�°a°pru�uaoa�phy uroa° a"=f a •uup•l v_og n "teen__. 1 i' � as°a°„ b n:_ wa aakku�' �a plea �<a ao t nral,vra emu . �nann aau.._apr.
ro rehis1<uqtk an a,nl,ppku ' V �«ag"iu,a,4m;r,lhy pare prnnrna;y ur,ro an�lloa a )uGNn➢ogggl:.y faro hu^l/,lira n uroiru�t.Pntall I'�arla_ao�:
Ile 1an�ra; dn._ tl,
lundnnu_crkuui_v_rGcurl posj9 o wr%Ovn,vrgaiiur.d rri_gr_ai _ u arkyhy rape Qs aua �ulyuuppauai h 4_li��ruuyjuiav^__guu /h,r
Irons."map wa_ u°a°tnnrul_.bao waroh;.a aror y,na"on lb s"__.na^a"a d�anr� a°a."aa^auvttnaa r a; dnna;aoumaumn,_„_ ._ Q_ ua
Yjjj,a p__null__M111gnll�l_Chrove caran__dgnu_a�aist�ui�__that.91�ua__gccorraalu�n4ur�andonv_w_a�a�ullcil_armig�cy_l__ar__uiin�v�;a_re
�a'. T I"churn, uauo lhe_. iggagae�_aof llnk`iar,lo GrovC aopour al,uows,.
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J[ n4' Ydhlg;e of J-3-tiffiddr tYniwva° rriiaay rragaia°^at d od;anrrana°ntptiaann tlu,_.,.wirun aco l7d oa ce'aa a'^.hi_,_
n;aanaa Qan"d'byn6l4.n °Qrrlln4°amuoQinna_ tllAa. _tre-edl Idrru _4Qia, na,gl—o^aba;dl ngaa^acanel-)11e and,a°on—nrnawdlatia;_ ( _;� _ _:.a I �irn ajv4 una a1m,a' _.
nuu tiQna.a-1,,iolru I;arra tQ11a�_refliicsted ancrr,orrnnrrnas,daatiorl(s,t; aA ._a)esCrription oI'_ the na asonaonrrlc
rr�aa a annri nft t a�lnatml _9nnLt4 is nrra�_tfld all��_a�1. a�nj Qa_ �;�na_aRat��e the, r sorriabl�,_4n a oil-i rro datisntu(_a,�
(or will- beeorrfe) nrli�a,QnVlaQQyadQvnx<i�rrla, aunnrr�/or tli�_ Innobalfle dluunl6onn rrrr,9° sVuan .nra,<ua�annnallaI
naa°aroonrrarrrgadQsatQon_� �. lulus:° Vlihige of Qluaffal( C Tove rnauy dlerly ao_l °acedwrnirrodlaa0ion II' i4 ntipo,a,aa._.a n
aiuna8ancr Qn«rridiaannu;rrr.
I^uopllanygna aio /rran silnln <«annp<, 2nne a,nanyunnig,e __to alQawyprlaaa tllaaagn rra,a, _fun an_.-rean,olrai;Qatl_g
a a°a°dannmodlsadon aVlfll I hlrin.an ItcsmirrecS nursuantto an interactive discussion.
RcJhl ilalluis o (,�(oiii,immiuiumaa,aIamiioiiai
d° will.._ A0.td,n"rrnlal_ tan rrne rr:a, ma.°aia^dwp u a a, 'n�.r,_ nrrnLw dwrr_a�;.nc b dw'n"r.r
al'
a�a°a°awnnArruua�ll aatnaau`o�om rrAnn n'"� a°rrvaana"„�._d..
nra Q l iolns�a Irnofi(i,yy iin dQ u, ua, ;ra;Qa' In °QeQ a ,ll,uaQuanuu a�_lrra,Ina^daw:__Id yzwau tNa aurre aw_._h ° lm aaarw, a,Qi °ndiaa�Y an.cconiniodlaatil',
tick as_._an Qxorri ntiannu Imrrwrrn tQ�u-._tarrawaamugnh, a i pwnrrrnjwi;i aattprrre requunrr,_a illuntrr„_ y<nai arrg rra�quiacd to make
the ima°dQnn,a°xa nn auailntu to yauuna a;xiuni,i,iVn<rrni ana tarrn in rrnd� anaAda° ans„_.11wanubuQuQa:s 1^,uua71spllaryaa,sa <MjudaunllaQ Q_qe°aaV,
dnA _ err.Irraa t au_ t_ulyr_!< Ignother ruu�unuVp<u �L[Mauun<tl �vn _uut_a znty _Qaunn _ vGtal➢aeu_l,u_;tudaA_i-h<_u4 dnuua__ -httuw.
�a y irr_rr Qrrnnurumuniuia_rrtrrrr_lrr� ilnni �rrarr.pci_viy_arrl_ These issues will be addressed on a case -by -case basis.
E��„�, Anti -Harassment Policy
The Village of Buffalo Grove is committed to providing its employees, vendors and
visitors with a productive environment which is free of intimidation and harassment, whether
based on n iG ag a crrlgni._, a ➢us$ugnnrr,_ n4_ 4 xullauQ yells 8n u_c nmrra dya__> n rrn<a➢_rr�w nrrlantion _yp u <ft4 rr _yncein;�ama
iSQa aitit a of 4 xa"ia w z IIdGgV,_,o ationn aI on n Vii, _a: Vtn/4 aV ll ,t Mill lnu G ,t:n L cay"yC,,,_I11 an nt il,__� at is, civil urnor)
nt n9ui v ininQitaan Y_stan9rru _M_rrin aanQrriq_nk _Q.a irrr<i_na _�rou_aba n Y__Imuty"qu AlIC _a,bnldbirrtli o a u�ia dicall d onndifl lan
Qn t" . y irrili, or an aatlail rr a a,Megory prolron ,etedl l- law, race u;oloa, pena!'ler
na aAtaua _fi- rwm,mnaul a m� cnnr_c nld "".._
i�an�arrutinG ann gnnrrdrrratanQ aatatlan^u (ain:_.�`Qvul-1:13uudiin �fl.nrotanwa� _ nagu°, and^Q:QsaQdarrn, d�Qti��na6iQ-0m0:y; IrainuQarrnmal darrQayiu�,
n�aaua as:n aaae aanan aan 3e�rra4�aBidusv; di=aattba,rr aaawhdau=y paaesed lye laa Harassment is a violation
of federal, state and local laws. The Village will not tolerate harassment or retaliation of any
kind in the workplace based on any legally protected status. Even if a situation does not rise to
the level of unlawful harassment or retaliation, the offender may be subject to disciplinary action
under this policy if the conduct is deemed to be unprofessional or inappropriate.
Harassment consists of (not all inclusive) unwelcome, physical, visual or spoken conduct
yp rasa, a;ct7aam, na ng�ion,, ,„ex scxtlln,d pia ferre nce, or sexiiaal anrienita lon, gender,.
regardingan erson's,
dn1�I 1 - 1k, wnQy,_,21 Ml naV8li-L,,uLt!t4DiIli_,I dD11,9- 1_,_a Qq_/G�I �a a s itilla>�_cVA%.4ab��y�_U. &� �V�Lritaal_�w11J1�'Aq_,rx,
iVil Ullianrrrr_,nItUlli. ililQikaau _Mud--uM,_a8un_a�uujnly_.gyna Opa_Qa;u,to!y .nnia_asMlnl<aaua wy _tO ildllanntfhu or a_m e(lical
condition related tda pre-naSi"q4"}'_dip (hiQa�_abiitli, dAran aht�p43 ait4,,goir �1ll'G��a",&"t4'aI �„� IACV._a'ia4.C.,
ygenk,Qel—,...7rn1Yannitid-.._aDn palvritia] *4-at"'allm age' i-elif'ik,�"ICG, d,Qi°wilbility-, n@�i',a'tionSaQ -dD"ii'a.�,ii-1, $S!"nuest➢"y;..-OF `u4'.%rraL'i&�d
orieuntsit on. The Village will not tolerate harassing conduct that affects tangible job benefits, that
interferes unreasonably with an individual's work performance, or that creates an intimidating,
hostile, or offensive working environment. Such harassment may include, for example, epithets,
slurs, derogatory remarks, negative stereotyping, jokes, kidding, and teasing directed at a person
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based on his or her protected status, or posting, displaying or circulating written or graphic
material that denigrates or shows hostility or aversion to an individual because of such status.
All employees must continue to act responsibly to help maintain a comfortable working
environment free from harassment and intimidation. Any Village employee who violates this
policy will be subject to disciplinary action, including termination.
Sexual Harassment deserves special attention. Sexual Harassment means any unwelcome
sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual
nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment or receipt of Village services; or
(2) Submission to or rejection of such conduct by an individual is used as the basis of
any employment or service decision affecting the individual; or
(3) Such conduct has the purpose or effect of substantially interfering with the work
performance of an employee or creating an intimidating, hostile or offensive
environment for employees, vendors or visitors.
No manager, director, Supervisor, or other employee has the authority to engage in such
conduct or to alter another employee's terms or conditions of employment based on the
employee's refusal to submit to such conduct. The Village strictly prohibits its manager,
directors, Supervisors and other employees from implying or suggesting that an applicant or
employee's submission to or refusal to submit to sexual advances or participation in such sexual
conduct is a condition of continued employment or receipt of any job benefit (including job
assignment, compensation advancement, career development, or any other term or condition of
employment).
Examples of Sexual Harassment include (but not by way of limitation):
(1) Pressure for sexual activity (subtle or overt);
(2) Unwelcome touching or intimacy, including pinching, patting or hugging;
(3) Insulting, degrading or obscene sexual remarks, innuendoes, _jokes or conduct;
(4) Posting or display of sexually offensive or degrading materials in the workplace
such as pictures or cartoons;
(5) Epithets, slurs, derogatory remarks or negative stereotyping based on gender;
(6) Comments about sex life or body parts; and
(7) Repeatedly asking out for a date someone who has refused.
4
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All employees are encouraged to raise questions that they may have regarding these
issues with his or her Department Director, the Director of Human Resources or the Deputy
Village Manager. Any Village employee who feels he or she has been the victim of any type of
harassment from anyone, including Supervisors, staff, co-workers, or in some cases non -
employees such as vendors or visitors, should report the matter immediately to his or her
Department Director, the Director of Human Resources, or the Deputy Village Manager.
Likewise, any employee who believes he or she is being discriminated against because other
employees are receiving favored treatment in exchange for sexual favors, should bring this to the
attention of his or her Department Director, the Director of Human Resources or the Deputy
Village Manager. Employees are permitted to submit a confidential report of harassment,
however employees are encouragedprovide as much information as possible about the
allegations so that the Village can effectively investigate and remedy (if appropriate) any
violation(s). The very nature of harassment and discrimination make it virtually impossible to
detect unless the employee being harassed registers a complaint with an appropriate Village
representative.
All complaints of harassment are serious. Thorough and appropriate investigations of
complaints will be conducted promptly. Appropriate measures will be taken to keep the
complaint as confidential as possible and appropriate based on the circumstances involved.
There will be no retaliation or reprisals of any kind against any person for having made an
inquiry, complaint or report of sexual harassment or discrimination, or for participating in an
investigation of sexual harassment or discrimination (regardless of the outcome). Further, under
the Illinois Human Rights Act (775 ILLS 5/6), the Illinois Whistleblower Act (740 ILCS 174/5),
and the State Employee Ethics Act (5 ILCS 430) it is a crime to retaliate, or to conspire to
retaliate, against an employee because the employee has opposed an action that the employee
reasonably believes to be unlawful discrimination or harassment or because the employee
participated in an investigation of harassment or discrimination. However, an employee who
knowingly makes a false report of harassment will be subject to discipline including immediate
termination for a first offense if deemed warranted to remedy the situation.
Village Procedure for Reporting Harassment:
(1) An employee who believes he or she has been the subject of any form of
harassment or discrimination should immediately make a complaint to his or her
Department Director, Director of Human Resources or Deputy Village Manager.
(2) The Department Director or Deputy Village Manager will document any reported
incident and promptly forward the complaint to the Director of Human Resources.
The Director of Human Resources will notify the Village Manager that a
complaint has been made.
(3) A prompt and thorough investigation of all allegations will be conducted and all
persons will be treated respectfully. The investigation will be coordinated by the
Director of Human Resources (or designee) and will generally follow the
following procedures when appropriate:.
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(a) The complaining employee, the alleged wrongdoer and any witnesses, as
appropriate, will be interviewed as part of the investigation;
(b) A record of the complaint and findings will be prepared and become part
of the complaint investigation file;
(c) The complaint investigation file generally will be maintained separately
from any employee's personnel file;
----------------------------------------
(d) Registering a complaint (or participating in a complaint investigation) will ^ - Formatted: indent Left: I", Tab stop
in no way be used against an employee, nor will it have any adverse .................................................................................................
impact on the complaining individuals' employment.
(4) The Village Manager, the Deputy Village Manager, the Department Director
and/or the Director of Human Resources (or its/their authorized designees) will
review the results of the investigation, unless one of them happens to be the
alleged harasser. Any Village employee who is found after appropriate
investigation to have violated this policy will be subject to corrective action,
including disciplinary action, up to and including termination. Disciplinary
actions can range from issuance of a documented warning up to and including
termination of employment, depending on the evidence uncovered in the
investigation and the nature and severity of the offense. A written record of each
action taken pursuant to this policy will be maintained separately from any
employee's personnel tile. The record will reflect a summary of the conduct or
alleged conduct and the disciplinary measure(s), if any, imposed. The
complaining employee and alleged wrongdoer generally will receive written
notification regarding the outcome of the investigation upon its completion.
An employee who files an internal complaint of harassment or discrimination may also - � Formatted: Body Text
be able to file such complaint with the Illinois Department of Human Rights by contacting the
Illinois Department of Human Rights at the James R. Thompson Center, 100 Randol-1p
Street, Suite 10-100, Chicago, Illinois 60601. The IDHR will investigate an employee's
complaint, and if it determines that there is sufficient evidence of harassment to proceed further,
it will file a complaint with the Illinois Human Rights Commission (HRC), located at the same
address on the fifth floor. If the IDHR does not complete its investigation within 365 days, an
employee may file a complaint directly with the HRC between the 365th and the 395th day.
The prohibition against sexual harassment, discrimination and/or retaliation toward any
employee also extends to acts, conduct or statements made by a Village official (elected or
appointed), agent, lobbyist, attorney, vendor, and/or others who do business with the Village -
even if such persons are not employed by the Village and/or compensated for their services bX
the Village (collectively referred to as the "Vendors"). Therefore, this -An n e anti -
harassment policy requires the support and example of Village personnel in positions of
authority as well as those Vendors (defined above) who do business with the Village.
Employees, officials or agents of the Village who engage in harassment or retaliation or who fail
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to cooperate with a Village sponsored investigation of harassment or retaliation will be subject to
remedial action, including disciplinary measures such as termination for even a first offense if
deemed justified by the facts involved-. Likewise, employees, officials or agents of the Village
who refuse to implement remedial measures, obstruct remedial efforts of other Village
employees and/or retaliate against complainants or witnesses will be subject to disciplinary
measures.
All employees and other personnel, including elected and appointed officials or other
vendors (as defined earlier), are required to review and sign a copy of this Village Anti -
Harassment Policy to acknowledge their commitment to refraining from engaging in harassment
against any Village employee. Effl4 fefitfft a eapy to the Difeetef of lliifnEffi Resaiifees. By
signing a copy of this policy, each person acknowledges its receipt, and his or her agreement to
act in accordance with the guidelines set forth above and as they may from time to time be
modified by the Village for business reasons or as required by law. This stateffient should be
there is a vialmieft.
An employee who believes that he or she has been the subject of harassment or retaliation
for complaining about harassment may also contact the Illinois Department of Human Rights at
(312) 814-6200.
VILLAGE OF BUFFALO GROVE
ANTI -HARASSMENT POLICY
ACKNOWLEDGMENT FORM
I hereby acknowledge receipt of the Village of Buffalo Grove Anti -Harassment Policy. I
agree and represent that I have read this Policy in its entirety.
I understand and will comply with the Village of Buffalo Grove Anti -Harassment Policy,
including the anti -retaliation provisions set forth in the Policy. If I am a vendor to the Village (as
defined in the Policy), including an elected or appointed official, I understand that it is in
obligation to refrain from any form of sexual harassment against any Village employee.
Signature
Print Name
Department
Date
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4845-0827-5799, v. 1
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VILLAGE OF BUFFALO GROVE
PERSONNEL MANUAL
EQUAL EMPLOYMENT OPPORTUNITY
Sections:
3.01 Policy & Responsibility
3.02 Anti -Harassment Policy
A. Policy & Responsibility
The Village of Buffalo Grove is firmly committed to providing equal employment
opportunities to all applicants and employees. This commitment applies to all aspects of
employment, training, compensation, promotion, discipline, discharge and other terms and
conditions of employment without regard to any legally protected category including (without
limitation): race, color, religion, sex, sexual preference or sexual orientation, gender, gender
identity or expression, national origin, citizenship status, ancestry, age, marital status, Civil
Union status, military status, disability, genetic history, or unfavorable discharge from military
service (except where provided by federal, state or local law), pregnancy, childbirth, or a medical
condition related to pregnancy or child birth, or any other category protected by law.
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9.A.d
Alleged violations of this policy should be promptly reported to the Village Manager (or
designee), Department Director, Division Director, Director of Human Resources or Deputy
Village Manager. All such reports will be promptly investigated and remedied as appropriate.
No retaliation will be taken or tolerated against any person who files a complaint, requests an
accommodation, and/or participates in an investigation under this policy.
B. Disability & Pregnancy Accommodation
The Village of Buffalo Grove makes reasonable accommodations when necessary for all
employees and/or applicants with disabilities and/or are affected by pregnancy, childbirth, or
medical conditions related to pregnancy or childbirth, provided the individual is otherwise
qualified to perform the essential functions of the job.
The Village of Buffalo Grove prohibits discrimination on the basis of disability,
pregnancy, or medical conditions related to pregnancy or child birth. Therefore, the Village of
Buffalo Grove will not refuse to hire, segregate, or take any other employment action with
respect to recruitment, hiring, promotion, renewal of employment, selection for training or
apprenticeship, discharge, discipline, tenure or the terms, privileges or conditions of employment
on the basis of pregnancy or disability.
The Village of Buffalo Grove will not require an employee affected by a disability or N
pregnancy to take a leave of absence (against the employee's wishes) if another reasonable
accommodation can be provided to the known medical conditions related to the disability,
pregnancy or childbirth of that employee. Further, the Village of Buffalo Grove will not fail or
refuse to reinstate an employee affected by pregnancy or other disability to his/her original job or U
to an equivalent position with equivalent pay, seniority, and benefits upon her signifying his/her a
intent to return to work or when the need for reasonable accommodation ceases, unless the
Village of Buffalo Grove can demonstrate that the accommodation would impose an undue E
hardship on the Village of Buffalo Grove's operations. Cn
The Village of Buffalo Grove may request documentation from an employee's health
care provider concerning: the need for the requested reasonable accommodation(s); the medical
justification for the requested accommodation(s); a description of the reasonable
accommodation(s) that is medically advisable; the date the reasonable accommodation(s) became
(or will become) medically advisable; and/or the probable duration of the reasonable
accommodation(s). The Village of Buffalo Grove may deny an accommodation if it imposes an
undue hardship.
Employees and/or applicants are encouraged to discuss their need for a reasonable
accommodation with Human Resources pursuant to an interactive discussion.
C. Religious Accommodation
We will attempt to make reasonable accommodations for an employee's observance of
religious holidays and sincerely held religious beliefs. If you desire a religious accommodation,
such as an exemption from the grooming or proper attire requirements, you are required to make
the request in writing to your Supervisor as far in advance as possible. Employees should feel
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9.A.d
free to go directly to another member of Management at any time, whether or not the request has
been communicated to their Supervisor. These issues will be addressed on a case -by -case basis.
D. Anti -Harassment Policy
The Village of Buffalo Grove is committed to providing its employees, vendors and
visitors with a productive environment which is free of intimidation and harassment, whether
based on race, color, religion, sex, sexual preference or sexual orientation, gender, gender
identity or expression, national origin, citizenship status, ancestry, age, marital status, civil union
status, military status, disability, genetic history, pregnancy, childbirth, or a medical condition
related to pregnancy or child birth, or any other category protected by law. Harassment is a
violation of federal, state and local laws. The Village will not tolerate harassment or retaliation
of any kind in the workplace based on any legally protected status. Even if a situation does not
rise to the level of unlawful harassment or retaliation, the offender may be subject to disciplinary
action under this policy if the conduct is deemed to be unprofessional or inappropriate.
Harassment consists of (not all inclusive) unwelcome, physical, visual or spoken conduct
regarding any person's race, color, religion, sex, sexual preference or sexual orientation, gender, a
gender identity or expression, national origin, citizenship status, ancestry, age, marital status,
Civil Union status, military status, disability, genetic history, pregnancy, childbirth, or a medical
condition related to pregnancy or child birth, or any other category protected by law. . The C�
Village will not tolerate harassing conduct that affects tangible job benefits, that interferes o
unreasonably with an individual's work performance, or that creates an intimidating, hostile, or
offensive working environment. Such harassment may include, for example, epithets, slurs, U)
derogatory remarks, negative stereotyping, jokes, kidding, and teasing directed at a person based U
on his or her protected status, or posting, displaying or circulating written or graphic material o
a
that denigrates or shows hostility or aversion to an individual because of such status.
All employees must continue to act responsibly to help maintain a comfortable working
environment free from harassment and intimidation. Any Village employee who violates this
policy will be subject to disciplinary action, including termination.
Sexual Harassment deserves special attention. Sexual Harassment means any unwelcome
sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual
nature when:
(1) Submission to such conduct is made either explicitly or implicitly a term or
condition of an individual's employment or receipt of Village services; or
(2) Submission to or rejection of such conduct by an individual is used as the basis of
any employment or service decision affecting the individual; or
(3) Such conduct has the purpose or effect of substantially interfering with the work
performance of an employee or creating an intimidating, hostile or offensive
environment for employees, vendors or visitors.
No manager, director, Supervisor, or other employee has the authority to engage in such
conduct or to alter another employee's terms or conditions of employment based on the
3
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Packet Pg. 42
9.A.d
employee's refusal to submit to such conduct. The Village strictly prohibits its manager,
directors, Supervisors and other employees from implying or suggesting that an applicant or
employee's submission to or refusal to submit to sexual advances or participation in such sexual
conduct is a condition of continued employment or receipt of any job benefit (including job
assignment, compensation advancement, career development, or any other term or condition of
employment).
Examples of Sexual Harassment include (but not by way of limitation): L
JP
(1) Pressure for sexual activity (subtle or overt); _
(2) Unwelcome touching or intimacy, including pinching, patting or hugging; s
0
(3) Insulting, degrading or obscene sexual remarks, innuendoes, jokes or conduct;
a�
(4) Posting or display of sexually offensive or degrading materials in the workplace
such as pictures or cartoons;
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(5) Epithets, slurs, derogatory remarks or negative stereotyping based on gender;
(6) Comments about sex life or body parts; and o
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0
(7) Repeatedly asking out for a date someone who has refused.
All employees are encouraged to raise questions that they may have regarding these
issues with his or her Department Director, the Director of Human Resources or the Deputy
Village Manager. Any Village employee who feels he or she has been the victim of any type of
harassment from anyone, including Supervisors, staff, co-workers, or in some cases non -
employees such as vendors or visitors, should report the matter immediately to his or her
Department Director, the Director of Human Resources, or the Deputy Village Manager.
Likewise, any employee who believes he or she is being discriminated against because other
employees are receiving favored treatment in exchange for sexual favors, should bring this to the
attention of his or her Department Director, the Director of Human Resources or the Deputy
Village Manager. Employees are permitted to submit a confidential report of harassment;
however employees are encouraged to provide as much information as possible about the
allegations so that the Village can effectively investigate and remedy (if appropriate) any Policy
violation(s). The very nature of harassment and discrimination make it virtually impossible to
detect unless the employee being harassed registers a complaint with an appropriate Village
representative.
All complaints of harassment are serious. Thorough and appropriate investigations of
complaints will be conducted promptly. Appropriate measures will be taken to keep the
complaint as confidential as possible and appropriate based on the circumstances involved.
There will be no retaliation or reprisals of any kind against any person for having made an
inquiry, complaint or report of sexual harassment or discrimination, or for participating in an
investigation of sexual harassment or discrimination (regardless of the outcome). Further, under
the Illinois Human Rights Act (775 ILCS 5/6), the Illinois Whistleblower Act (740 ILCS 174/5),
and the State Employee Ethics Act (5 ILCS 430) it is a crime to retaliate, or to conspire to
M
4846-9144-1496.v 1-] 2/8/2017 4:19 PM
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9.A.d
retaliate, against an employee because the employee has opposed an action that the employee
reasonably believes to be unlawful discrimination or harassment or because the employee has
participated in an investigation of harassment or discrimination. However, an employee who
knowingly makes a false report of harassment will be subject to discipline including immediate
termination for a first offense if deemed warranted to remedy the situation.
Village Procedure for Reporting Harassment:
(1) An employee who believes he or she has been the subject of any form of
harassment or discrimination should immediately make a complaint to his or her
Department Director, Director of Human Resources or Deputy Village Manager.
(2) The Department Director or Deputy Village Manager will document any reported
incident and promptly forward the complaint to the Director of Human Resources.
The Director of Human Resources will notify the Village Manager that a
complaint has been made.
(3) A prompt and thorough investigation of all allegations will be conducted and all
persons will be treated respectfully. The investigation will be coordinated by the
Director of Human Resources (or designee) and will generally follow the
following procedures when appropriate:
(a) The complaining employee, the alleged wrongdoer and any witnesses, as
appropriate, will be interviewed as part of the investigation; N
a�
.2
(b) A record of the complaint and findings will be prepared and become part o
of the complaint investigation file; a
c
d
(c) The complaint investigation file generally will be maintained separately E
Cn
from any employee's personnel file;
x
(d) Registering a complaint (or participating in a complaint investigation) will
in no way be used against an employee, nor will it have any adverse Q
impact on the complaining individuals' employment. c
(4) The Village Manager, the Deputy Village Manager, the Department Director
and/or the Director of Human Resources (or its/their authorized designees) will
review the results of the investigation, unless one of them happens to be the
alleged harasser. Any Village employee who is found after appropriate
investigation to have violated this policy will be subject to corrective action,
including disciplinary action, up to and including termination. Disciplinary
actions can range from issuance of a documented warning up to and including
termination of employment, depending on the evidence uncovered in the
investigation and the nature and severity of the offense. A written record of each
action taken pursuant to this policy will be maintained separately from any
employee's personnel file. The record will reflect a summary of the conduct or
alleged conduct and the disciplinary measure(s), if any, imposed. The
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9.A.d
complaining employee and alleged wrongdoer generally will receive written
notification regarding the outcome of the investigation upon its completion.
An employee who files an internal complaint of harassment or discrimination may also
be able to file such complaint with the Illinois Department of Human Rights by contacting the
Illinois Department of Human Rights (IDHR) at the James R. Thompson Center, 100 Randolph
Street, Suite 10-100, Chicago, Illinois 60601. The IDHR will investigate an employee's
complaint, and if it determines that there is sufficient evidence of harassment to proceed further,
it will file a complaint with the Illinois Human Rights Commission (HRC), located at the same
address on the fifth floor. If the IDHR does not complete its investigation within 365 days, an
employee may file a complaint directly with the HRC between the 365th and the 395th day.
The prohibition against sexual harassment, discrimination and/or retaliation toward any o
employee also extends to acts, conduct or statements made by a Village official (elected or
appointed), agent, lobbyist, attorney, vendor, and/or others who do business with the Village —
even if such persons are not employed by the Village and/or compensated for their services by
the Village (collectively referred to as the "Vendors"). Therefore, this anti -harassment policy Q
requires the support and example of Village personnel in positions of authority as well as those
Vendors (defined above) who do business with the Village. Employees, officials or agents of the
Village who engage in harassment or retaliation or who fail to cooperate with a Village c
sponsored investigation of harassment or retaliation will be subject to remedial action, including o
disciplinary measures such as termination for even a first offense if deemed justified by the facts
involved. Likewise, employees, officials or agents of the Village who refuse to implement
remedial measures, obstruct remedial efforts of other Village employees and/or retaliate against U)
complainants or witnesses will be subject to disciplinary measures. .2
All employees and other personnel, including elected and appointed officials or other
vendors (as defined earlier), are required to review and sign a copy of this Village Anti -
Harassment Policy to acknowledge their commitment to refraining from engaging in harassment
against any Village employee. By signing a copy of this policy, each person acknowledges its
receipt, and his or her agreement to act in accordance with the guidelines set forth above and as
they may from time to time be modified by the Village for business reasons or as required by
law. An employee who believes that he or she has been the subject of harassment or retaliation
for complaining about harassment may also contact the Illinois Department of Human Rights at
(312) 814-6200.
G
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Packet Pg. 45
9.A.d
VILLAGE OF BUFFALO GROVE
ANTI -HARASSMENT POLICY
ACKNOWLEDGMENT FORM
I hereby acknowledge receipt of the Village of Buffalo Grove Anti -Harassment Policy
agree and represent that I have read this Policy in its entirety.
I understand and will comply with the Village of Buffalo Grove Anti -Harassment Policy,
including the anti -retaliation provisions set forth in the Policy. If I am a vendor to the Village (as
defined in the Policy), including an elected or appointed official, I understand that it is my
obligation to refrain from any form of sexual harassment against any Village employee.
Signature
Print Name
Department
7
Date
4846-9144-1496.v M 2/8/2017 4:19 PM
Packet Pg. 46
9.B
Resolution No. R-2017-37 : Resolution for the Execution of a Lease
for Golf Carts at Buffalo Grove Golf Club and Arboretum Golf Club
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action pp
,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,ll
Staff recommends authorization.
Staff requests authorization for the Village Manager to execute a lease with E-Z-GO and PNC Equipment
Finance, pending final review and approval of the lease documents by the Village Attorney.
ATTACHMENTS:
• Golf Cart lease agenda memo GT (DOCX)
• CHICAGO14706481-v1-Golf—Car—Resolution (DOCX)
• Golf Car Scoring (PDF)
• Golf Car Contract 2018-2022 12-13-17 (PDF)
Trustee Liaison
Weidenfeld
Monday, December 18, 2017
Staff Contact
Geoff Tollefson, Golf
Updated: 12/14/2017 11:37 AM
Page 1
Packet Pg. 47
9.B.a
A1, L AGE 0F
MEMORANDUM
DATE: December 14, 2017
TO: Dane Bragg, Village Manager
FROM: Geoff Tollefson, Golf Director
SUBJECT: Golf Car Lease — Golf Operations/BG Days
Recommendation
Staff recommends the Village Board authorize the Village Manager to execute a lease with E-Z-GO,
pending final review and approval of the lease documents by the Village Attorney. E-Z-GO provided the
lowest cost option with the highest rating for its cars based upon customer feedback at both courses.
Background Information
The current golf car lease (Nadler Golf — Club Car) was terminated by staff earlier this year. The golf car
fleets at both facilities were in the 6th year of an 8 year lease and the cars were out of warranty. Due to
the golf cars being out of warranty, costs associated with repairs started to escalate. In September, staff
elected to exercise the early termination option with Club Car and initiated the RFP Process to procure a
new lease for the golf operations with the following objectives:
• Provide both operations with a new fleet of golf cars to enhance the experience for the
consumers.
• Hold costs associated with a new lease.
• Transition the lease from a percentage -based lease payment to a fixed payment.
• Shorten the term of the lease to either a 4 or 5 year lease which is industry standard.
• Include pricing for BG Day cart rental for possible cost reductions.
At the July 17th, 2017 Village Board meeting, the board authorized staff to waive bids and seek proposals
for golf car leasing services. Staff initiated the RFP process and received 2 proposals based on the
specifications set forth in the October 9th request for proposal. The proposals received were from Harris
Golf Cars (Yamaha) and EZ-GO/Textron, Inc. Both proposals were reviewed by an evaluation committee
as part of the RFP process. The current lessor, Nadler Golf, was contacted however decided not to
provide a proposal due to not agreeing to the proposed terms in the RFP. After reviewing costs
associated with the lease, customer feedback, and references from local courses, staff began the process
of negotiating a lease with EZ-GO as the information provided and costs were more favorable to the
Village than those provided by Harris Golf Car Company.
Packet Pg. 48
Key points of the lease negotiated with E-Z-GO are as follows:
9.B.a
Term/Cost- Golf Operations
The RFP process originally asked for pricing on terms of a 3-year lease as well as a 4-year lease for cost
comparison purposes. After meeting with both proposing companies, staff also asked for each proposal
to include pricing for a 5-year lease. The lease term that staff recommends is a 5-year lease due to the
significant cost reduction compared to the shorter term proposals and would commence on February 1,
2018 and expire on December 1, 2022. The costs associated for a 5-year lease would be $55,862.40 at
Arboretum and $34,850.40 at Buffalo Grove Golf Club. The costs represent a 0.08 percent increase over
current expenditures the golf department budgets for on an annual basis. This increase would include the
installment for USB Ports on all golf cars for media devices ($1,740 annually for all 145 carts) that can be
used for GPS purposes. The total lease cost for the golf department would be $90,712.80 annually. This
amount is $25,575.30 less than Harris Golf Cars proposed on an annual basis or $127,876.50 less over
the 5-year term. The table below illustrates the total costs to the golf budget based on the term:
*5-Year pricing includes USB Port upcharge for E-Z-GO
*'5-Year pricing includes USB Port upcharge and steering wheel upgrade for Harris
Review/Demo Process
As part of the requirement in the RFP, all companies proposing delivered a demo unit of the current car
that was specified for customers to use at each facility. The demo units from both Harris Golf Cars and
EZ-GO were delivered and both operations were given a 1-week trial period for customers to use for
feedback purposes. At both Buffalo Grove Golf Club and Arboretum, the EZ-GO was the higher rated
cart based upon customer feedback surveys staff created that covered aspects such as; seating comfort
and leg room, braking, windshield operation, steering wheel/scorecard holder, overall opinion, dashboard
area, storage compartment, and other ancillary features. Out of a possible 400 points, E-Z-Go scored
381/400 compared to Yamaha's score of 348/400 based upon customer evaluations at Arboretum. At
Buffalo Grove, E-Z-GO scored 335/400 and Yamaha's scored 317/400. In total, E-Z-GO scored 716/800
and Yamaha totaled 665/800.
The RFP evaluation committee response evaluation resulted in E-Z-GO scoring 79.33 compared to
Yamaha at 80.76. This evaluation would account for metrics that include service, quality, references, and
cost. This lease would represent the first partnership between E-Z-GO and the Village which resulted in
an initial lower scoring on the qualifications and experience rating.
Optional Equipment
USB Port
Staff has requested all costs to include a USB Port Option on all golf cars to allow for personal media
devices to be used during the rental of the golf car. The industry has transitioned into GPS used software
available on personal cellular devices and the option of adding a USB port allows for the consumer to use
the device without sacrificing the battery power as an added value.
Color Options
Yamaha golf cars have provided the village (2) standard colors to select with other optional colors
available with an upcharge to current lease pricing.
E-Z-GO golf cars have provided the village (8) standard colors along with an option of selecting between
two different cart -top colors at no additional cost to the village.
Attachments:
Service and Lease Agreements
Packet Pg. 49
9.B.b
Resolution No. 2017-
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
AGREEMENTS FOR GOLF CARS AT THE BUFFALO GROVE AND ARBORETUM
GOLF COURSES
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the customers and patrons of the Buffalo Grove and Arboretum Golf
Courses have would like the option of rental golf cars as part of golf operations.
WHEREAS, the Village Board has determined that it is in the best interests of the
Village to authorize Dane Bragg, Village Manager, to finalize and execute Lease Agreements
with PNC Equipment Finance, LLC and Service Agreement with E-Z-GO/Textron Inc., for golf
cars at the Buffalo Grove and Arboretum Golf Courses.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE,
STATE OF ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby incorporated and made a part of this
Resolution.
SECTION 2. The Village Manager is hereby authorized and directed to represent
the interests of the Village of Buffalo Grove and execute the attached Lease Agreements,
Service Agreement, and accompanying attached documents.
SECTION 3. This Resolution shall be in full force and effect from and after its
passage and approval.
1
Packet Pg. 50
9.B.b
AYES:
NAYS:
ABSENT:
PASSED: 2017
APPROVED: 12017
ATTEST:
Village Clerk
12/12/2017
DM#706481
APPROVED:
Village President
2
Packet Pg. 51
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9.B.d
VoBG-2017-22
VILLAGE OF BUFFALO GROVE
SERVICE AGREEMENT
GOLF CAR LEASE
THIS AGREEMENT is dated as of the day of .2017 ("Agreement")
and is by and between the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal
corporation ("Village") and the Contractor identified in Subsection 1A below.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth
in this Agreement, and pursuant to the Village's statutory and home rule powers, the parties
agree as follows:
SECTION 1. CONTRACTOR.
A. Engagement of Contractor. The Village desires to engage the Contractor
Identified below to provide all necessary professional consulting services and to perform the
work in connection with the project identified below:
Company. E-Z-Go/Textron, Inc. ("Contractor")
Street: 1451 Marvin Griffin Road
City, Augusta, GA 30906
Telephone: 847-204-8373
Email: btermini@textron.com
B. Project Description, The Contractor shall provide leased golf cars at the Village of Buffalo
Grove Golf Course located at 48 Raupp Blvd., Buffalo Grove IL 60089 and the Arboretum Golf
Course located at 401 Half Day Road Buffalo Grove, IL 60089.
C. Representations of Contractor. The Contractor has submitted to the Village a description
of the services to be provided by the Contractor, a copy of which is attached as Exhibit B to this
Agreement ("Services"). The Contractor represents that it is financially solvent, has the
necessary financial resources, and is sufficiently experienced and competent to perform and
complete the professional consulting services set forth in Exhibit B in a manner consistent with
the standards of professional practice by recognized consulting firms providing services of a
similar nature.
1
Packet Pg. 54
9.B.d
VoBG-2017-22
SECTION 2. SCOPE OF SERVICES.
A. Retention of the Contractor. The Village retains the Contractor to perform, and the Contractor
agrees to perform, the Services.
B. Services. The Contractor shall provide the Services pursuant to the terms and conditions of this
Agreement.
C. Commencement. Time of Performance. The Contractor shall commence the Services
immediately upon receipt of written notice from the Village that this Agreement has been fully
executed by the Parties (the "Commencement Date"). The Contractor shall diligently and
continuously prosecute the Services until the completion of the Work.,
D. Reporting. The Contractor shall regularly report to the Golf Director ("Director"), or his/her
designee, regarding the progress of the Services during the term of this Agreement.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount. The total amount billed for the Services during the term of this Agreement
shall not exceed the amount identified in the Schedule of Prices section in Exhibit A, unless
amended pursuant to Subsection 8A of this Agreement.
0
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B. Invoices and Payment. The PNC Equipment Finance, LLC shall be paid as provided in Exhibit A.
The Contractor shall submit invoices to the Village in a Village approved format for those
portions of the Services performed and completed by the Contractor. The Village shall pay to the
M
Contractor the amount billed pursuant to the Illinois Local Government Prompt Payment Act (50
ILCS 505/1 et seq.) 04
C. Records. The Contractor shall maintain records showing actual time devoted and costs incurred,
and shall permit the authorized representative of the Village to inspect and audit all data and
records of the Contractor for work done under the Agreement. The records shall be made
available to the Village at reasonable times during the Agreement period, and for three years
after the termination of the Agreement.
D. Claim In Addition To Agreement Amount. if the Contractor wishes to make a claim for
additional compensation as a result of action taken by the Village, the Contractor shall provide
written notice to the Village of such claim within 7 calendar days after occurrence of such action
as provided by Subsection 8.D. of this Agreement, and no claim for additional compensation
shall be valid unless made in accordance with this Subsection. Any changes in this Agreement
Amount shall be valid only upon written amendment pursuant to Subsection 8.A. of this
Agreement. Regardless of the decision of the Village relative to a claim submitted by the
Contractor, the Contractor shall proceed with all of the Services required to complete the
project under this Agreement as determined by the Village without interruption.
Packet Pg. 55
9.B.d
VoBG-2017-22
SECTION 3. COMPENSATION AND METHOD OF PAYMENT (cont.1
E. Taxes, Benefits and Royalties. The Agreement Amount includes all applicable federal, state, and
local taxes of every kind and nature applicable to the Services as well as all taxes, contributions,
and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities,
or similar benefits and all costs, royalties and fees arising from the use on, or the incorporation
into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances,
devices, processes, or inventions. All claim or right to claim additional compensation by reason
of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived
and released by Contractor.
Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each
phase of the Services, shall be considered complete on the date of final written acceptance by
the Village of the Services or each phase of the Services, as the case may be, which acceptance
shall not be unreasonably withheld or delayed.
SECTION 4. PERSONNEL SUBCONTRACTORS. c
0
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A. Key Proiect Personnel. The Key Project Personnel identified in Exhibit B shall be primarily
responsible for carrying out the Services on behalf of the Contractor. The Key Project Personnel
shall not be changed without the Village's prior written approval. M
Availability of Personnel. The Contractor shall provide all personnel necessary to complete the
Services including, without limitation, any Key Project Personnel identified in this Agreement.
The Contractor shall notify the Village as soon as practicable prior to terminating the
employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel
The Contractor shall have no claim for damages and shall not bill the Village for additional time
and materials charges as the result of any portion of the Services which must be duplicated or
redone due to such termination or for any delay or extension of the Time of Performance as a
result of any such termination, reassigning, or resignation.
Packet Pg. 56
9.B.d
VoBG-2017-22
SECTION 4. PERSONNEL SUBCONTRACTORS (cont.)
C. Approval and Use of Subcontractors. The Contractor shall perform the Services with its own
personnel and under the management, supervision, and control of its own organization unless
otherwise approved by the Village in writing. All subcontractors and subcontracts used by the
Contractor shall be acceptable to, and approved in advance by, the Village. The Village's
approval of any subcontractor or subcontract shall not relieve the Contractor of full
responsibility and liability for the provision, performance, and completion of the Services as
required by the Agreement. All Services performed under any subcontract shall be subject to all
of the provisions of this Agreement in the same manner as if performed by employees of the
Contractor. For purposes of this Agreement, the term "Contractor" shall be deemed also to refer
to all subcontractors of the Contractor, and every subcontract shall include a provision binding
the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform
the Services in a manner satisfactory to the Village, the Contractor shall immediately upon
notice from the Village remove and replace such personnel or subcontractor. The Contractor
shall have no claim for damages, for compensation in excess of the amount contained in this
Agreement of for a delay or extension of the Time of Performance as a result of any such
removal or replacement.
SECTION 5. CONFIDENTIAL INFORMATION.
A. Confidential Information. The term "Confidential Information" shall mean information in the
possession or under the control of the Village relating to the technical, business or corporate
affairs of the Village; Village property; user information, including, without limitation, any
information pertaining to usage of the Village's computer system, including and without
limitation, any information obtained from server logs or other records of electronic or machine
readable form; and the existence of, and terms and conditions of, this Agreement. Village
Confidential Information shall not include information that can be demonstrated: (i) to have
been rightfully in the possession of the Contractor from a source other than the Village prior to
the time of disclosure of said information to the Contractor under this Agreement ("Time of
Disclosure"); (ii) to have been in the public domain prior to the Time of Disclosure; (iii) to have
become part of the public domain after the Time of Disclosure by a publication or by any other
means except an unauthorized act or omission or breach of this Agreement on the part of the
Contractor or the Village; or (iv) to have been supplied to the Contractor after the Time of
Disclosure without restriction by a third party who is under no obligation to the Village to
maintain such information in confidence.
B. No Disclosure of Confidential Information by the Contractor. The Contractor acknowledges
that it shall, in performing the Services for the Village under this Agreement, have access to or
be directly or indirectly exposed to Confidential Information. The Contractor shall hold
confidential all Confidential Information and shall not disclose or use such Confidential
Information without express prior written consent of the Village. The Contractor shall use
reasonable measures at least as strict as those the Contractor uses to protect its own
confidential information. Such measures shall include, without limitation, requiring employees
and subcontractors of the Contractor to execute a non -disclosure agreement before obtaining
access to Confidential Information.
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SECTION 6. WARRANTY; INDEMNIFICATION: INSURANCE
A. Warranty of Services. The Contractor warrants that the Services shall be performed in
accordance with the highest standards of professional practice, care, and diligence practiced by
recognized consulting firms in performing services of a similar nature in existence at the Time of
Performance, The warranty expressed shall be in addition to any other warranties expressed in
this Agreement, or expressed or implied by law, which are hereby reserved unto the Village.
Indemnification. The Contractor shall, without regard to the availability or unavailability of any
insurance, either of the Village or the Contractor, indemnify, save harmless, and defend the
Village, and its officials, employees, agents, and attorneys against any and all lawsuits, claims,
demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative
expenses, that arise, or may be alleged to have arisen, out of or in connection with, the
Contractor's performance of, or failure to perform, the Services or any part thereof, whether or
not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence
or fault of the Contractor, except to the extent caused by the sole negligence of the Village.
C. Insurance. Contemporaneous with the Contractor's execution of this Agreement, the Contractor
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shall provide certificates and policies of insurance, all with coverages and limits acceptable to
the Village, and evidencing at least the minimum insurance coverages and limits as set forth in
Exhibit B to this Agreement. For good cause shown, the Golf Director ("Director") may extend
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the time for submission of the required policies of insurance upon such terms, and with such
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assurances of complete and prompt performance, as the Director may impose in the exercise of
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his sole discretion. Such certificates and policies shall be in a form acceptable to the Village and
from companies with a general rating of A minus, and a financial size category of Class X or
better, in Best's Insurance Guide. Such insurance policies shall provide that no change,
modification in, or cancellation of, any insurance shall become effective until the expiration of
30 calendar days after written notice thereof shall have been given by the insurance company to
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the Village. The Contractor shall, at all times during the term of this Agreement, maintain and
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keep in force, at the Contractor's expense, the insurance coverages provided above, including,
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without limitation, at all times while correcting any failure to meet the warranty requirements
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of Subsection 6.A., Warranty of Services, of this Agreement.
D. No Personal Liability. No elected or appointed official, agent, or employee of the Village shall be
personally liable, in law or in contract, to the Contractor as the result of the execution of this
Agreement.
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SECTION 7. CONTRACTOR AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Contractor shall act as an independent contractor in providing
and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be
construed (i) to create the relationship of principal and agent, employer and employee,
partners, or joint ventures between the Village and Contractor; or (ii) to create any relationship
between the Village and any subcontractor of the Contractor.
Conflict of Interest. The Contractor represents and certifies that, to the best of its knowledge,
(1) no Village employee or agent is interested in the business of the Contractor or this
Agreement; (2) as of the date of this Agreement neither the Contractor nor any person
employed or associated with the Contractor has any interest that would conflict in any manner
or degree with the performance of the obligations under this Agreement; and (3) neither the
Contractor nor any person employed by or associated with the Contractor 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.
C. No Collusion. The Contractor represents and certifies that the Contractor is not barred from
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contracting with a unit of state or local government as a result of (i) a delinquency in the
payment of any tax administered by the Illinois Department of Revenue unless the Contractor is
contesting, in accordance with the procedures established by the appropriate revenue act, its
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liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois
Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section
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33E-4 of Article 33E of the Criminal Code of 1961, 720 1LCS 5/33E-1 et seq. The Contractor
represents that the only persons, firms, or corporations interested in this Agreement as
principals are those disclosed to the Village prior to the execution of this Agreement, and that
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this Agreement is made without collusion with any other person, firm, or corporation. If at any
time it shall be found that the Contractor has, in procuring this Agreement, colluded with any
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other person, firm, or corporation, then the Contractor shall be liable to the Village for all loss or
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damage that the Village may suffer, and this Agreement shall, at the Village's option, be null and
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D. Sexual Harassment Policv. The Contractor certifies that it has a written sexual harassment
policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 512-
105(A)(4).
E. Termination. Termination of this contract shall be in accordance with Exhibit A.
Term. The Time of Performance of this Agreement, unless terminated pursuant to the terms of
this Agreement, shall be for five years.
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SECTION 7. CONTRACTOR AGREEMENT GENERAL PROVISIONS (conj
G. Compliance with Laws and Grants. Contractor shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the Services are provided, performed, and
completed in accordance with all required governmental permits, licenses, or other approvals
and authorizations that may be required in connection with providing, performing, and
completing the Services, and with all applicable statutes, ordinances, rules, and regulations,
including without limitation the Fair Labor Standards Act; any statutes regarding qualification to
do business; any statutes prohibiting discrimination because of, or requiring affirmative action
based on, race, creed, color, national origin, age, sex, or other prohibited classification,
including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et
seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Contractor shall also comply
with all conditions of any federal, state, or local grant received by Owner or Contractor with
respect to this Contract or the Services.
Contractor shall be solely liable for any fines or civil penalties that are imposed by any
governmental or quasi -governmental agency or body that may arise, or be alleged to have
arisen, out of or in connection with Contractor's, or its subcontractors', performance of, or
failure to perform, the Services or any part thereof.
Every provision of law required by law to be inserted into this Contract shall be deemed to be
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inserted herein.
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H. Default. if it should appear at any time that the Contractor has failed or refused
to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that
assures completion of the Services in full compliance with the requirements of this Agreement,
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or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other
requirement of this Agreement ("Event of Default"), and fails to cure any such Event of Default
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within fourteen (14) calendar days after the Contractor's receipt of written notice of such Event
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of Default from the Village, then the Village shall have the right, without prejudice to any other c
remedies provided by law or equity, to pursue any one or more of the following remedies:
1. Cure by Contractor. The Village may require the Contractor, within a reasonable time, to
complete or correct all or any part of the Services that are the subject of the Event of Default;
and to take any or all other action necessary to bring the Contractor and the Services into
compliance with this Agreement.
2. Termination of Agreement by Village. Termination of this contract shall be in accordance with
Exhibit A.
3. Withholding of Payment by Village. The Village may withhold from any payment, whether or
not previously approved, or may recover from the Contractor, any and all costs, including
attorneys' fees and administrative expenses, incurred by the Village as the result of any Event of
Default by the Contractor or as a result of actions taken by the Village in response to any Event
of Default by the Contractor.
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SECTION 7. CONTRACTOR AGREEMENT GENERAL PROVISIONS (contj
No Additional Obligation. The Parties acknowledge and agree that the Village is under no
obligation under this Agreement or otherwise to negotiate or enter into any other or additional
contracts or agreements with the Contractor or with any vendor solicited or recommended by
the Contractor.
J. Village Board Authority. Notwithstanding any provision of this Agreement, any negotiations or
agreements with, or representations by the Contractor to vendors shall be subject to the
approval of the Village Board of Trustees. The Village shall not be liable to any vendor or other
third party for any agreements made by the Contractor, purportedly on behalf of the Village,
without the knowledge and approval of the Village Board of Trustees.
Mutual Cooperation. The Village agrees to cooperate with the Contractor in the performance of
the Services, including meeting with the Contractor and providing the Contractor with such non -
confidential information that the Village may have that may be relevant and helpful to the
Contractor's performance of the Services. The Contractor agrees to cooperate with the Village in
the performance of the Services to complete the Work and with any other Contractors engaged
by the Village.
L. News Releases. The Contractor shall not issue any news releases or other public statements
regarding the Services without prior approval from the Director.
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M. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations,
calculations, notes, and any other documents, data, or information, in any form, prepared,
collected, or received by the Contractor in connection with any or all of the Services to be
performed under this Agreement ("Documents") shall be and remain the exclusive property of
the Village. At the Village's request, or upon termination of this Agreement, the Contractor shall
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cause the Documents to be promptly delivered to the Village.
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SECTION 8. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective unless and
until such amendment or modification is in writing, properly approved in accordance with
applicable procedures, and executed.
Assignment. This Agreement may not be assigned by the Village or by the Contractor without
the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties
hereto and their agents, successors, and assigns.
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SECTION 8. GENERAL PROVISIONS (cont.).
D. Notice. Any notice or communication required or permitted to be given under this Agreement
shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii)
by certified mail and deposited in the U.S. Mail, postage prepaid, (iv) by facsimile, or (v) by
electronic Internet mail ("e-mail"). Facsimile notices shall be deemed valid only to the extent
that they are (a) actually received by the individual to whom addressed and (b) followed by
delivery of actual notice in the manner described in either (i), (ii), or (iii) above within three
business days thereafter at the appropriate address set forth below. E-mail notices shall be
deemed valid and received by the addressee thereof when delivered by e-mail and (a) opened
by the recipient on a business day at the address set forth below, and (b) followed by delivery of
actual notice in the manner described in either (i), (ii) or (iii) above within three business days
thereafter at the appropriate address set forth below. Unless otherwise expressly provided in
this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one
business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c)
three business days following deposit in the U.S. mail. By notice complying with the
requirements of this Subsection, each Party shall have the right to change the address or the
addressee, or both, for all future notices and communications to such party, but no notice of a
change of addressee or address shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the following
address:
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Village of Buffalo Grove. ("Village") With a copy to
50 Raupp Blvd. Street: 233 South Wacker Drive 22"d Fir
Buffalo Grove, IL 60069 Chicago, IL 60606
Attention: Purchasing Manager Attention: William Raysa
Email:.BGfinance@vbg.org Email: wraysa@tressierllp.com
Notices and communications to the Contractor shall be addressed to, and delivered at, the
following address:
E-Z-Go/Textron, Inc. ("Contractor")
1451 Marvin Griffin Road
Augusta, GA 30906
Telephone: 847-204-8373
Email: btermini@textron.com
E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any
person, firm, or corporation other than the Contractor shall be made or be valid against the
Village.
Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
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SECTION B. GENERAL PROVISIONS (cont).
G. Time. Time is of the essence in the performance of this Agreement.
H. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this
Agreement to "day" or "days" shall mean calendar days and not business days. If the date for
giving of any notice required to be given, or the performance of any obligation, under this
agreement falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be
given or performed on the next business day after that Saturday, Sunday or federal holiday.
I. Governing Laws. This Agreement shall be interpreted according to the internal laws, but not the
conflict of laws rules, of the State of Illinois. Venue shall be in Cook County, Illinois
J. Entire Agreement. This Agreement constitutes the entire agreement between the parties and
supersedes any and all previous or contemporaneous oral or written agreements and
negotiations between the Village and the Contractor with respect to the Request for Proposal.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver
of any other provision of this Agreement (whether or not similar) nor shall any such waiver be
deemed to or constitute a continuing waiver unless otherwise expressly provided in this
Agreement.
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K. Exhibit, Exhibit, A and Exhibit B are attached hereto, and by this reference
incorporated in and made a part of this Agreement. In the event of a conflict between the
Exhibit and the text of this Agreement, the text of this Agreement shall control. ,
L. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this
Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies,
and benefits allowed by law.
M. Counterpart Execution. This Agreement may be executed in several counterparts, each of
which, when executed, shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
N. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every
one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and
shall not be exclusive of any other such rights, remedies, and benefits allowed by law.
O. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by
the Village of any right, privilege or defense available to the Village under statutory or common
law, including, but not limited to, the Illinois Governmental and Governmental Employees Tort
Immunity Act, 745 ILCS 10/1-101 et seq., as amended.
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9.B.d
SECTION 8. GENERAL PROVISIONS (cont).
Freedom of Information. Contractor agrees to furnish all documentation related to this
Agreement and any documentation related to the Village required under an Illinois Freedom of
Information Act (ILCS 140/1 et. seq.) ("FOIA") request within five (5) calendar days after Village
issues notice of such request to Contractor. Contractor agrees to defend, indemnify and hold
harmless the Village, 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 the
Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or
conflicts arising from Contractor's, actual or alleged violation of the FOIA or Contractor's failure
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to furnish all documentation related to a request within five (5) calendar days after Village
issues notice of a request.
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Furthermore, should Contractor request that Village utilize a lawful exemption under FOIA in
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relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs
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connected therewith (such as reasonable attorneys' and witness fees) filing fees and any other
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expenses) to defend the denial of the request. The defense shall include, but not be limited to,
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challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court
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of competent jurisdiction. Contractor agrees to defend, indemnify and hold harmless the Village,
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and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees,
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filing fees and any other expenses) to defend any denial of a FOIA request by Contractor's
request to utilize a lawful exemption to the Village.
Acknowledgement.
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D:
The undersigned hereby represent and acknowledge that they have read the foregoing
Agreement, that they know its contents, and that in executing this Agreement they have
received legal advice regarding the legal rights of the party on whose behalf they are executing
this Agreement, and that they are executing this Agreement as a free and voluntary act and on
behalf of the named parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth
below.
ATTEST:
VILLAGE OF BUFFALO GROVE
By: By:
Village Clerk Dane Bragg, Village Manager
Date:
ATTEST:
By:
Title:
Date:
By:
Title:
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Exhibit A.
Schedule of Prices
PNC Lease Number 210483000
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9.B.d
EQUIPMENT FINANCE
December 13, 2017
Lease Number 210483000
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Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
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Enclosed are the necessary documents needed to complete your lease transaction. Please review, sign and return the following:
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• Lease Agreement — Please have the Authorized Signor execute the documents and provide theirtitle.
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Opinion of Counsel — Please have your attorney sign and provide the name of the law firm, if applicable.
Certificate of Acceptance — At the point of delivery, fill out this form and return the original to us. We will be unable to disbur
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funds until we receive this signed form.
Schedule of Payments — Please sign and provide the title of the signor, if applicable.
• Resolution -Certificate of Incumbency — List your Authorized Representative(s) and their title(s) in the body of the Resolution. Have
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Authorized Representatives provide their names, title and signatures(s) on the lines which appear under the Authorized Representa
Signature Section near the bottom of the Resolution. Finally, have the Secretary or appropriate Trustee attest to the information of
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Authorized Representative(s) by signing and printing his/her name, title and date on the last signature line provided. The person v
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validates the signature should not sign the Lease Agreement. The Resolution must reflect the title(s) of the individual(s) who h
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authorization to sign the documents.
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• Insurance Request Form — Fill in your insurer's information and sign. Please contact your insurer, prior to delivery, to obtain
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certificate of insurance. Please enclose the certificate with the signed documentation or have the insurer fax the certificate directl
me.
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• Sales Tax Exemption Certificate — Please return a copy with the documents.
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• Minutes of Governing Body (approving the purchase & finance of equipment) — Please return a copy with the documents.
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Please return the documents to PNC Equipment Finance, LLC, Attn: Taryn Goldschmidt 995 Dalton Avenue, Cincinnati, OH 45203.
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Our goal is to ensure that you receive the lowest payment available. Therefore, it is important that the documents are completed and returned
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us by December 30, 2017.
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If you have any questions please contact Taryn Goldschmidt at 513-455-9559 or Tracy Sparks at 513-455-2630.
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Sincerely,
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Tracy Sparks a
Commercial Transaction Coordinator
Sports and Entertainment
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E04
9.B.d
Lease Agreement
Dated as of December 13, 2017
Lease Number 210483000
Lessor: PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX ID
Village of Buffalo Grove 362525051
50 Raupp Blvd.
Buffalo Grove, IL 60089
Equipment See attached Certificate of Acceptance for Equipment Description
Description Equipment Location 48 Raupp Blvd
Buffalo Grove, IL 60089
Rent Lease Term is for 58 months, with Rent 30 (Thirty) monthly payments in the amount of $5,808.40 due in Arrears in the
Payment months of May, June, July, August, September and October of each year. Payment are due on the 30th
Schedule of each month, beginning
Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on 1
dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described in the attached Certificat,
Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equiprr
Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are
Lessee's responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligat
under the purchase contract, to Lessor.
3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do
include the accrual of an interest portion. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to w_
Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Restrictive endorsements on checks Lessee send
Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Re
NON -APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are leE
available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease
operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no c
legal procedure or available funds by or with which payment can be made to Lessor, and the non -appropriation did not result from an act or omissioi
Lessee, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of
fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have l
appropriated and budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer (or legal counsel) shall certif
writing that (a) funds have not been appropriated for the upcoming fiscal period, (b) such non -appropriation did not result from any act or failure to ac
Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent.
4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND A
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED
MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HA
TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RI
OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGRI
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BAD
UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MA
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANT
WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICUL
PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP,
COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will cot
the manufacturer for a description of warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warn;
to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regar4
performance of the Equipment directly with the manufacturer of the Equipment.
6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to
Equipment, except as set forth in section 15.
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7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location, except for purposes of in
storage, without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Les
the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by
all applicable manuals and instructions, and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract
Lessee's own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Le
will not make any permanent alterations to the Equipment.
8. TAXES. Lessee is a tax exempt entity. In the event that Lessee is no longer a tax exempt entity, Lessee agrees to pay Lessor, when invoiced, all t;
(including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes base(
Lessor's net income). Lessee agrees to file any required personal property tax returns and, if Lessor asks, Lessee will provide Lessor with proc
payment. Lessor does not have to contest any tax assessments.
9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, including legal expenses, incurred by Lessee or
other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintena
condition, operation, use, return or disposition of the Equipment as a result of Lessee's sole negligence. To the extent permitted by law, Lessee agree
reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity contit
even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name, serial num
and any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any n
plates or stickers Lessor provides Lessee approved by Lessee. d
11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipmei L
shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such eN V
Then, at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacttu w
certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee O
satisfied Lessee's obligations under this Section 11, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damages "
destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 1 ,0
this Lease. c
12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liab
insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insu 7
until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. y
policies shall state that Lessor is to be notified of any proposed cancellation at least 30 calendar days prior to the date set for cancellation. Upon Less
request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor ..
evidence of proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is
obligated to) obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges.
13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due w o
this Lease within thirty calendar days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and < N
not correct the default within thirty calendar days after Lessor sends Lessee written notice of default, (c) any representation, warranty or stater
Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threaten
cancel any insurance on the Equipment, (e) the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged be)
repair, (1) a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it
Lessor (or Lessor's affiliates). N
14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lesse N
default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts w_ o
may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the Lease Term, discounts c14
the higher of 3% or the lowest rate allowed by law, plus the Fair Market Value of the Equipment (collectively, the "Net Book Value"). Lessor has the t
to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipmen o
long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to I v
the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor t;
possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as ma
allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor O
reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) U
L
Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enf M
Lessor's rights against Lessee, including attorney's fees, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not ch(
to enforce them at the time of Lessee's default. O
15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary, so long as no default shall have occu
and be continuing, Lessee may, at Lessee's option, purchase the Equipment leased pursuant to this Rental Schedule on an "as is, where is" basis, wit]
representation or warranty, express or implied, at the end of the Initial Term at a price equal to the Fair Market Value thereof, plus applicable taxes. d
Market Value" shall be equal to the value which would be obtained in an arms -length transaction between an informed and willing buyer and an infor t
and willing seller under no compulsion to sell, and in such determination, costs of removal of the Equipment from its location of current use shall not 1 0
deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof, such value shall be determined by appraisal at the
expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers, one chosen by Lessee and one by Lessor, ; Q
mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question, a third recognized independent apprai�
evaluation shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lesso
days' prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of
purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below, all terms of the Lease shall remain in
force and effect including the obligation to pay Rent.
16. RETURN OF EQUIPMENT. If (a) default occurs, (b) a non -appropriation of funds occurs in accordance with Section 3, or (c) Lessee does not pure]
the Equipment pursuant to Section 15, Lessee will immediately return the Equipment to any location(s) in the continental United States and ab(
any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendation
specifications, freight prepaid and insured, maintained in accordance with Section 7, and in "Average Saleable Condition ... .. Average Saleable Condit
means that all of the Equipment is immediately available for use by a third party buyer, user or lessee, other than Lessee named in this Lease, wit]
the need for any repair or refurbishment. All Equipment must be free of markings. Lessee will pay Lessor for any missing or defective part_
accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor.
17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the
throughout the Lease Term: (a) Lessee is the entity indicated in this Lease-, (b) Lessee is a State or a fully constituted political sub Packet Pg. 68
State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee 9 B d
Lessee is authorized to enter into and carry out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equi
other documents required to be delivered in connection with this Lease (collectively, the "Documents"); (e) the Documents have been duly authorized,
executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, bine'---
agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the
authorization of Lessee's governing body, and hold the offices indicated below their signature, each of which is genuine; (f) the Equipment is essenti;
the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the L,
Term only by Lessee and only to perfor-nn such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all neces
action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term; (h) Lessee
complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and
acquisition of the Equipment; (i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state
and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of compe
jurisdiction is void from the inception of this lease; 0) all payments due and to become due during Lessee's current fiscal year are within the fiscal bur
of such year, and are included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment; and (lt
financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition.
18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will prom
notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure, (b) Lessee will provide to Lessor such finar y
information as may reasonably request from time to time, and (c) Lessee will take any necessary action Lessor reasonably requests to protect Less d
rights in the Equipment and to meet Lessee's obligations under this Lease. J
19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB -LEASE OR PART WITH POSSESSION OF 'I '
EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to V
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real estate. Upon Lessor's reasonable request and at Lessee's cost, Lessee will obtain from each person having an interest in the real estate where p
Equipment is located a waiver of any rights they may have in the Equipment. C9
20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole p
in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no : c
assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and add O
of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment, Le M
agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in this agreement, notwithstanding O
claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time I
against Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonabl)
requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease. ti
21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action w- T
Lessee fails to take as required by this Lease, and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor rece
any payment from Lessee after the due date, Lessee shall pay Lessor pursuant to the Illinois Prompt Payment Act. N
22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the "Equipment Cost") or it may be lea
By signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to
Rent. Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's paym
under this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to M
repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee N
any amounts in excess of the legal amount. T_
23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any e N
agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of N
Lease shall rernain in effect. TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE, THIS LEASE IS A "FINAP
LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) of c
credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agene 04
24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Less 0
Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. Al
Lessor's notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time after this Lease is sig
Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. U
25. ANTI -MONEY LAUNDERINGANTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of
Lease, the date of each advance of proceeds under the Lease, the date of any renewal, extension or modification of this Lease, and at all times until U
Lease has been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; oar
does business in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Country or Sanctioned Perso C9
violation of any law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of the Lease will not be used to fund a
unlawful activity; (c) the funds used to repay the Lease are not derived from any unlawful activity; and (d) each Covered Entity is in compliance with, y
no Covered Entity engages in any dealings or transactions prohibited by, any laws of the United States. E
As used herein: "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Trea v
Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Comm
Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exch< Q
Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries and direct and indirect owners; "Sanctioned Country" means a cou
subject to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entit
thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitation
prohibitions (including but not limited to the blocking of property or rejection of transactions), under any order or directive of any Compliance Auth<
or otherwise subject to, or specially designated under, any sanctions program maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires
financial institutions to obtain, verify and record information that identifies each lessee that opens an account. What this means: when the Lessee of
an account, Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow the Lessc
identify Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information
documentation relating to certain individuals associated with the business or organization.
Packet Pg. 69
27. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL 9.B.d
JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee
(Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b) reject or
revoke acceptance of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security intere
any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have ut
any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to pro
Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limi
modify any of Lessor's rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREA
OF WARRANTY OR INDEMNITY, MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT, WHICH CAUSED IT. Lessor will
be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. Jurisdiction will be in Cook Cou
Illinois.
28. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to Lessor, now or at any later time, Lessee author
Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Le
individual accounts or business accounts for which Lessee is a contact, at such numbers using any means, including but not limited to placing calls u
an automated dialing system to cell, VoIP or other wireless phone number, or leaving prerecorded messages or sending text messages, even if charges _
be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY TH(
TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRIT?
AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRIT?
AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF T
LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSON
FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT A
COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UN'
LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
Village of Buffalo Grove
("Lessee")
X
Authorized Signature
Dane C. Bragg
Print Name
Village Manager
Title:
Date
50 Raupp Blvd.
Buffalo Grove, IL 60089
PNC Equipment Finance, LLC
("Lessor")
X
Authorized Signature
Print Name
Title:
995 Dalton Ave.
Cincinnati, OH 45203
Packet Pg. 70
9.B.d
OPINION OF COUNSEL
Lease Number 210483000, 210492000
1 have acted as counsel to the above -referenced Lessee (the "Lessee") with respect to this Lease Agreement by and between the Lessee
Lessor (the "Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I h
deemed relevant. Based upon the foregoing, I am of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or age
of a state within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performana
the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and bin(
obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcemen
creditors' rights, and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of
Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all of
meeting laws, public bidding laws, and all other applicable state laws. The undersigned certifies that he is an attorney duly authorize(
practice law in the State of Illinois.
The foregoing opinions are limited to the laws of the State of Illinois and federal laws of the United States.
Attorney of Lessee
By:
Print Name: William G. Raysa
Law firm: Tressler LLP
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9.B.d
E23
CERTIFICATE OF ACCEPTANCE
Lease Number210483000
Description Serial No.
65 (65) 2018 New E-Z-GO TXT-Gas Golf Cars
Together with all attachments, tooling, accessories, appurtenances and additions thereto
❑ X or see attached Equipment Schedule
Lessee, through its authorized representative, hereby certifies to Lessor that:
1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Le;
Agreement ("Lease");
2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3. Lessee accepts the Equipment for all purposes under the Lease as of 20 (the "Acceptance Date"), which is th
date on which the Equipment was delivered and installed;
4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes; and
5. Lessee is not in default under the Lease, no Non -Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee
statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on theLease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS DAY OF
Village of Buffalo Grove
("Lessee")
KI
Authorized Signature
Dane C. Bragg
Print Name
Village Manager
Title:
Date
50 Raupp Blvd.
Buffalo Grove, IL 60089
20
Packet Pg. 72
9.B.d
E24
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 210483000, 210492000
Lessee: Village of Buffalo Grove
Lease Number 210483000 Amount $ 174,252.00 (Payment xTerm)
Lease Number 210492000 Amount $279.312.00 (Payment xTerm)
WHEREAS, Lessee, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the Stal
Illinois ("the State") is authorized by the laws of the State to purchase, acquire and lease certain equipment and other property for the benefit of the Le:
and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and pers,
property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules ("Leases") in the ami
not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to
functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1. Either one of the Village Manager OR (each an "Authorized Representative") acting on behalf of the Les
is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before
Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Less(
hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems neces
and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officer;
employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease
the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the Stat
Illinois.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
SIGNATURES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY
Dane C. Bragg Village Manager
Name Title Signature
Name Title Signature
ADOPTED AND APPROVED on
2017 .
Section 5. I, the undersigned Secretary/Clerk identified below, does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the at
Lessee, a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of
date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above -named Lessee hereby certifies and attests that the undersigned has access to the official records of the Gover
Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that
resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: Village of Buffalo Grove
[SEAL]
Signature of Clerk of Lessee
Print Name:
Official Title
Date:
Packet Pg. 73
December 13, 2017
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and Village of
Buffalo Grove
Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment
described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible anc
ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description
65 2018 New E-Z-GO TXT-Gas Golf Cars $248,365.00
85 2018 New E-Z-GO TXT Electric Golf Cars $324,880.00
Serial No.
As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during
the term of the transaction:
1. All of the equipment must be insured for its full insurable value on a 100% replacement cost basis or $573,245.00
2. PNC Equipment Finance, LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment,
including fire, theft, and other customary coverage under an "extended coverage" endorsement, with a deductible not to exceed $10,000 pei
occurrence.
3. PNC Equipment Finance, LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum
coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4. Each property insurance policy must contain a lender's loss payable clause, or special endorsement, in which the insurer agrees that any
loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5. Each policy must provide for 30 days' written notice to PNCEF prior to any cancellation, non -renewal or amendment of the policy.
6. All additional insurance requirements as specified below:
The evidence of insurance can consist of a Certificate of Insurance form, Evidence of Insurance form, Memorandum of Insurance, binder for
insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee
Attn: Insurance Department
995 Dalton Avenue
Cincinnati, OH 45203
When completed, the evidence of insurance should be provided to the following address:
PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Tracy.sparks@pnc.com
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10/17 s Packet Pg. 74
9.B.d
EQUIPMENT FINANCE
CERTIFICATE OF ACCEPTANCE
EQUIPMENT SCHEDULE
48 RAUPP BLVD.
BUFFALO GROVE, IL. 60089
Lease Number 210483000
(65) 2018 New E-Z-GO TXT-Gas Golf Cars
Car Accessories:
Wheel Covers (Gold)
Permanent Tow Bar
Fender Scuff Guard
(2) Sand Bottles
•
Single Message Holder
Bag (Club) Cover
•
Sun Canopy Top (Tan)
Fold Down Windshield
•
USB Port
Custom Logo
(2) Number Decals
•
Seat Color (Tan)
Vehicle Color ( Almond)
12/8/2oi7
Packet Pg. 75
9.B.d
VoBG-2017-22
Exhibit A.
Schedule of Prices
PNC Lease Number 210492000
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9.B.d
EQUIPMENT FINANCE
December 13, 2017
Lease Number 210492000
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Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
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Enclosed are the necessary documents needed to complete your lease transaction. Please review, sign and return the following:
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• Lease Agreement — Please have the Authorized Signor execute the documents and provide theirtitle.
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Opinion of Counsel — Please have your attorney sign and provide the name of the law firm, if applicable.
Certificate of Acceptance — At the point of delivery, fill out this form and return the original to us. We will be unable to disbur
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funds until we receive this signed form.
Schedule of Payments — Please sign and provide the title of the signor, if applicable.
• Resolution -Certificate of Incumbency — List your Authorized Representative(s) and their title(s) in the body of the Resolution. Have
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Authorized Representatives provide their names, title and signatures(s) on the lines which appear under the Authorized Representa
Signature Section near the bottom of the Resolution. Finally, have the Secretary or appropriate Trustee attest to the information of
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Authorized Representative(s) by signing and printing his/her name, title and date on the last signature line provided. The person v
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validates the signature should not sign the Lease Agreement. The Resolution must reflect the title(s) of the individual(s) who h
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authorization to sign the documents.
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• Insurance Request Form — Fill in your insurer's information and sign. Please contact your insurer, prior to delivery, to obtain
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certificate of insurance. Please enclose the certificate with the signed documentation or have the insurer fax the certificate directl
me.
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• Sales Tax Exemption Certificate — Please return a copy with the documents.
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• Minutes of Governing Body (approving the purchase & finance of equipment) — Please return a copy with the documents.
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Please return the documents to PNC Equipment Finance, LLC, Attn: Taryn Goldschmidt 995 Dalton Avenue, Cincinnati, OH 45203.
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Our goal is to ensure that you receive the lowest payment available. Therefore, it is important that the documents are completed and returned
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us by December 30, 2017.
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If you have any questions please contact Taryn Goldschmidt at 513-455-9559 or Tracy Sparks at 513-455-2630.
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Sincerely,
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Tracy Sparks a
Commercial Transaction Coordinator
Sports and Entertainment
Packet Pg. 77
E04
9.B.d
Lease Agreement
Dated as of December 13, 2017
Lease Number 210492000
Lessor: PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX ID
Village of Buffalo Grove 362525051
50 Raupp Blvd.
Buffalo Grove, IL 60089
Equipment See attached Certificate of Acceptance for Equipment Description
Description Equipment Location 401 Half Day Road
Buffalo Grove, IL 60089
Rent Lease Term is for 58 months, with Rent 30 (Thirty) monthly payments in the amount of $9,310.40 due in Arrears in the
Payment months of May, June, July, August, September and October of each year. Payment are due on the 30th
Schedule of each month, beginning
Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on 1
dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described in the attached Certificat,
Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equiprr
Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are
Lessee's responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligat
under the purchase contract, to Lessor.
3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do
include the accrual of an interest portion. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to w_
Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Restrictive endorsements on checks Lessee send
Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Re
NON -APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are leE
available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease
operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no c
legal procedure or available funds by or with which payment can be made to Lessor, and the non -appropriation did not result from an act or omissioi
Lessee, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of
fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have l
appropriated and budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer (or legal counsel) shall certif
writing that (a) funds have not been appropriated for the upcoming fiscal period, (b) such non -appropriation did not result from any act or failure to ac
Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent.
4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND A
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED
MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HA
TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RI
OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGRI
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BAD
UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MA
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANT
WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICUL
PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP,
COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will cot
the manufacturer for a description of warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warn;
to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regar4
performance of the Equipment directly with the manufacturer of the Equipment.
6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to
Equipment, except as set forth in section 15.
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7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location, except for purposes of in
storage, without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Les
the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by
all applicable manuals and instructions, and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract
Lessee's own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Le
will not make any permanent alterations to the Equipment.
8. TAXES. Lessee is a tax exempt entity. In the event that Lessee is no longer a tax exempt entity, Lessee agrees to pay Lessor, when invoiced, all ti
(including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes base(
Lessor's net income). Lessee agrees to file any required personal property tax returns and, if Lessor asks, Lessee will provide Lessor with proc
payment. Lessor does not have to contest any tax assessments.
9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, including legal expenses, incurred by Lessee or
other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintena
condition, operation, use, return or disposition of the Equipment as a result of Lessee's sole negligence. To the extent permitted by law, Lessee agree
reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity contit
even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name, serial num
and any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any n
plates or stickers Lessor provides Lessee approved by Lessee. d
11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipmei L
shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such eN V
Then, at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufactw w
certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee O
satisfied Lessee's obligations under this Section 11, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damages "
destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 1 ,0
this Lease. c
12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liab
insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insu 7
until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. y
policies shall state that Lessor is to be notified of any proposed cancellation at least 30 calendar days prior to the date set for cancellation. Upon Less
request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor ..
evidence of proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is
obligated to) obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges.
13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due w o
this Lease within thirty calendar days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and ( N
not correct the default within thirty calendar days after Lessor sends Lessee written notice of default, (c) any representation, warranty or stater
Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threaten
cancel any insurance on the Equipment, (e) the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged be)
repair, (1) a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it
Lessor (or Lessor's affiliates). N
14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lesse N
default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts w_ o
may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the Lease Term, discounts c14
the higher of 3% or the lowest rate allowed by law, plus the Fair Market Value of the Equipment (collectively, the "Net Book Value"). Lessor has the t
to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipmen o
long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to I v
the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor t;
possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as ma
allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor O
reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) U
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Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enf M
Lessor's rights against Lessee, including attorney's fees, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not ch(
to enforce them at the time of Lessee's default. O
15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary, so long as no default shall have occu
and be continuing, Lessee may, at Lessee's option, purchase the Equipment leased pursuant to this Rental Schedule on an "as is, where is" basis, wit]
representation or warranty, express or implied, at the end of the Initial Term at a price equal to the Fair Market Value thereof, plus applicable taxes. d
Market Value" shall be equal to the value which would be obtained in an arms -length transaction between an informed and willing buyer and an infor t
and willing seller under no compulsion to sell, and in such determination, costs of removal of the Equipment from its location of current use shall not 1 0
deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof, such value shall be determined by appraisal at the
expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers, one chosen by Lessee and one by Lessor, ; Q
mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question, a third recognized independent apprai�
evaluation shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lesso
days' prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of
purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below, all terms of the Lease shall remain in
force and effect including the obligation to pay Rent.
16. RETURN OF EQUIPMENT. If (a) default occurs, (b) a non -appropriation of funds occurs in accordance with Section 3, or (c) Lessee does not pure]
the Equipment pursuant to Section 15, Lessee will immediately return the Equipment to any location(s) in the continental United States and ab(
any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendation
specifications, freight prepaid and insured, maintained in accordance with Section 7, and in "Average Saleable Condition ... .. Average Saleable Condit
means that all of the Equipment is immediately available for use by a third party buyer, user or lessee, other than Lessee named in this Lease, wit]
the need for any repair or refurbishment. All Equipment must be free of markings. Lessee will pay Lessor for any missing or defective part_
accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor.
17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the
throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political sub Packet Pg. 79
State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee 9 B d
Lessee is authorized to enter into and carry out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equi
other documents required to be delivered in connection with this Lease (collectively, the "Documents"); (e) the Documents have been duly authorized,
executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, bine'---
agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the
authorization of Lessee's governing body, and hold the offices indicated below their signature, each of which is genuine; (f) the Equipment is essenti;
the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the L,
Term only by Lessee and only to perfor-nn such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all neces
action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term; (h) Lessee
complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and
acquisition of the Equipment; (i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state
and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of compe
jurisdiction is void from the inception of this lease; 0) all payments due and to become due during Lessee's current fiscal year are within the fiscal bur
of such year, and are included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment; and (1
financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition.
18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will prom
notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure, (b) Lessee will provide to Lessor such finar y
information as may reasonably request from time to time, and (c) Lessee will take any necessary action Lessor reasonably requests to protect Less d
rights in the Equipment and to meet Lessee's obligations under this Lease. J
19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB -LEASE OR PART WITH POSSESSION OF 'I '
EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to V
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real estate. Upon Lessor's reasonable request and at Lessee's cost, Lessee will obtain from each person having an interest in the real estate where p
Equipment is located a waiver of any rights they may have in the Equipment. C9
20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole p
in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no : c
assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and add O
of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment, Le M
agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in this agreement, notwithstanding O
claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time I
against Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonabl)
requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease. ti
21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action w- T
Lessee fails to take as required by this Lease, and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor rece
any payment from Lessee after the due date, Lessee shall pay Lessor pursuant to the Illinois Prompt Payment Act. N
22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the "Equipment Cost") or it may be lea
By signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to
Rent. Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's paym
under this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to M
repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee N
any amounts in excess of the legal amount. T_
23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any e N
agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of N
Lease shall rernain in effect. TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE, THIS LEASE IS A "FINAP
LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) of c
credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agene 04
24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Less 0
Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. Al
Lessor's notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time after this Lease is sig
Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change. U
25. ANTI -MONEY LAUNDERINGANTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of
Lease, the date of each advance of proceeds under the Lease, the date of any renewal, extension or modification of this Lease, and at all times until U
Lease has been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; oar
does business in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Country or Sanctioned Perso C9
violation of any law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of the Lease will not be used to fund a
unlawful activity; (c) the funds used to repay the Lease are not derived from any unlawful activity; and (d) each Covered Entity is in compliance with, y
no Covered Entity engages in any dealings or transactions prohibited by, any laws of the United States. E
As used herein: "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Trea v
Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Comm
Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exch< Q
Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries and direct and indirect owners; "Sanctioned Country" means a cou
subject to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entit
thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitation
prohibitions (including but not limited to the blocking of property or rejection of transactions), under any order or directive of any Compliance Auth<
or otherwise subject to, or specially designated under, any sanctions program maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE. To help the government tight the funding of terrorism and money laundering activities, Federal law requires
financial institutions to obtain, verify and record information that identifies each lessee that opens an account. What this means: when the Lessee of
an account, Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow the Lessc
identify Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information
documentation relating to certain individuals associated with the business or organization.
Packet Pg. 80
27. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL 9.B.d
JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee
(Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b) reject or
revoke acceptance of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security intere
any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have ut
any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to pro
Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limi
modify any of Lessor's rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREA
OF WARRANTY OR INDEMNITY, MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT, WHICH CAUSED IT. Lessor will
be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. Jurisdiction will be in Cook Cou
Illinois.
28. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to Lessor, now or at any later time, Lessee author
Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Le
individual accounts or business accounts for which Lessee is a contact, at such numbers using any means, including but not limited to placing calls u
an automated dialing system to cell, VoIP or other wireless phone number, or leaving prerecorded messages or sending text messages, even if charges _
be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY TH(
TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRIT?
AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRIT?
AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF T
LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSON
FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT A
COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UN'
LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
Village of Buffalo Grove
("Lessee")
X
Authorized Signature
Dane C. Bragg
Print Name
Village Manager
Title:
Date
50 Raupp Blvd.
Buffalo Grove, IL 60089
PNC Equipment Finance, LLC
("Lessor")
X
Authorized Signature
Print Name
Title:
995 Dalton Ave.
Cincinnati, OH 45203
Packet Pg. 81
9.B.d
OPINION OF COUNSEL
Lease Number 210483000, 210492000
1 have acted as counsel to the above -referenced Lessee (the "Lessee") with respect to this Lease Agreement by and between the Lessee
Lessor (the "Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I h
deemed relevant. Based upon the foregoing, I am of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or age
of a state within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performana
the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and bin(
obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcemen
creditors' rights, and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of
Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all of
meeting laws, public bidding laws, and all other applicable state laws. The undersigned certifies that he is an attorney duly authorize(
practice law in the State of Illinois.
The foregoing opinions are limited to the laws of the State of Illinois and federal laws of the United States.
Attorney of Lessee
By:
Print Name: William G. Raysa
Law firm: Tressler LLP
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CERTIFICATE OF ACCEPTANCE
Lease Number210492000
Description Serial No.
80 (80) 2018 New E-Z-GO TXT-48v Electric Golf Cars
Together with all attachments, tooling, accessories, appurtenances and additions thereto
❑ X or see attached Equipment Schedule
Lessee, through its authorized representative, hereby certifies to Lessor that:
1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Le;
Agreement ("Lease");
2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3. Lessee accepts the Equipment for all purposes under the Lease as of 20 (the "Acceptance Date"), which is th
date on which the Equipment was delivered and installed;
4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes; and
5. Lessee is not in default under the Lease, no Non -Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee
statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on theLease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS DAY OF
Village of Buffalo Grove
("Lessee")
KI
Authorized Signature
Dane C. Bragg
Print Name
Village Manager
Title:
Date
50 Raupp Blvd.
Buffalo Grove, IL 60089
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RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 210483000, 210492000
Lessee: Village of Buffalo Grove
Lease Number 210483000 Amount $ 174,252.00 (Payment xTerm)
Lease Number 210492000 Amount $279.312.00 (Payment xTerm)
WHEREAS, Lessee, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the Stai
Illinois ("the State") is authorized by the laws of the State to purchase, acquire and lease certain equipment and other property for the benefit of the Le:
and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and pers,
property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules ("Leases") in the ami
not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to
functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1. Either one of the Village Manager OR (each an "Authorized Representative") acting on behalf of the Les
is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before
Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Less(
hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems neces
and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officer;
employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease
the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the Stat
Illinois.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
SIGNATURES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY
Dane C. Bragg Village Manager
Name Title Signature
Name Title Signature
ADOPTED AND APPROVED on
2017.
Section 5. I, the undersigned Secretary/Clerk identified below, does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the at
Lessee, a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of
date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above -named Lessee hereby certifies and attests that the undersigned has access to the official records of the Gover
Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that
resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: Village of Buffalo Grove
[SEAL]
Signature of Clerk of Lessee
Print Name:
Official Title
Date:
Packet Pg. 84
December 13, 2017
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and Village of
Buffalo Grove
Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment
described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible anc
ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description
65 2018 New E-Z-GO TXT-Gas Golf Cars $248,365.00
85 2018 New E-Z-GO TXT Electric Golf Cars $324,880.00
Serial No.
As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during
the term of the transaction:
1. All of the equipment must be insured for its full insurable value on a 100% replacement cost basis or $573,245.00
2. PNC Equipment Finance, LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment,
including fire, theft, and other customary coverage under an "extended coverage" endorsement, with a deductible not to exceed $10,000 pei
occurrence.
3. PNC Equipment Finance, LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum
coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4. Each property insurance policy must contain a lender's loss payable clause, or special endorsement, in which the insurer agrees that any
loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5. Each policy must provide for 30 days' written notice to PNCEF prior to any cancellation, non -renewal or amendment of the policy.
6. All additional insurance requirements as specified below:
The evidence of insurance can consist of a Certificate of Insurance form, Evidence of Insurance form, Memorandum of Insurance, binder for
insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee
Attn: Insurance Department
995 Dalton Avenue
Cincinnati, OH 45203
When completed, the evidence of insurance should be provided to the following address:
PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Tracy.sparks@pnc.com
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EQUIPMENT FINANCE
CERTIFICATE OF ACCEPTANCE
EQUIPMENT SCHEDULE
401 HALF DAY ROAD.
BUFFALO GROVE, IL. 60089
Lease Number 210492000
(80) 2018 New E-Z-GO TXT-48v Electric Golf Cars
Car Accessories:
Wheel Covers (Gold)
Permanent Tow Bar
Fender Scuff Guard
(2) Sand Bottles
•
Single Message Holder
Bag (Club) Cover
•
Sun Canopy Top (Black)
Fold Down Windshield
•
USB Port
Custom Logo
(2) Number Decals
•
Seat Color (Tan)
Vehicle Color ( Black)
12/13/2017
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Exhibit B.
Proposal Response Documents & Scope of Services
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SCOPE OF SERVICES
OVFRVIFW
GOLF CAR LEASE
GENERAL:
The Village of Buffalo Grove ("Village") is seeking proposals from qualified Contractors to
provide leased golf cars at the Village of Buffalo Grove Golf Course located at 48 Raupp Blvd.,
Buffalo Grove IL 60089 and the Arboretum Golf Course located at 401 Half Day Road Buffalo
Grove, IL 60089. The following list of conditions and requirements should be included in the
Request for Proposal package. In addition, these conditions and requirements shall also be a
part of the final lease agreement:
The Contractor will provide long and short-term rental of golf cars, personnel carriers and utility
vehicles, electric and gasoline powered, to be used at various department facilities. The services y
to be provided by the successful contractor include, but are not limited to, furnishing of rental
golf cars, personnel carriers, and utility vehicles, electric and gasoline powered, on a long and ti
short term basis, provide all repairs, warranty and/or non -warranty, to include all parts and
labor to effect the repairs and transportation of the unit to and from the repair facility. N
The Contractor shall provide, for demonstration purposes only, one gas golf car and one electric r*-
golf car to the Village upon notification of selection as a finalist during the review portion of this
RFP. N
A Five (5) year lease commencing on February 1, 2018 and ending December 31, 2022
The Contractor shall submit their proposal on a fixed rate per car basis f^r "^*.h the *"r^^ and
four year
Contractor agrees to furnish the Village sixty five (65) new two passengers, four wheel gas golf
cars to be delivered to the Buffalo Grove Golf Course no later than February 1, 2018 and eighty
(80) new two passenger, four wheel electric golf cars with chargers to be delivered to the
Arboretum Golf Club no later than February 1, 2018.
Notwithstanding paragraph 16 of Exhibit A. the Contractor shall return all leased Golf Cars to
the location(s) Lessor designates.
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All leased cars under this contract shall be new. Reconditioned and/or used units will not be
accepted.
All new units will be covered by the manufacturer's warranty for a minimum of three (3) years
from the date the units are delivered to the department facilities.
The Golf Department will provide covered storage facilities for a minimum of one hundred per
cent (100%) of the electric car fleet at the Arboretum Golf Facility.
The Golf Department will provide no covered storage at the Buffalo Grove Golf Facility. The
contractor will be responsible for collecting cars on December 1 at 48 Raupp Blvd., Buffalo
Grove IL 60089 of each year of the contract. The contractor will store and then return cars to 48
Raupp Blvd., Buffalo Grove IL 60089 on February 1 of each year of the contract.
GOLF CAR SPECIFICATIONS
The Golf cars furnished under this specification shall be E-Z-Go, a Textron Company, Model TXT,
or an approved equal, and shall come equipped with all of the standard and additional
equipment/accessories identified below. The cars shall be functionally equivalent to the
following specifications:
Electric Car
Frame Welded steel with powder coating
Front Body & Finish Injection -molded Thermoplastic olefin (TPO)
Rear Body & Finish Injection -molded TPO
Standard Color Manufacturers standard colors(all units will be the same color)
Power Source 48-volt DC
Motor Type Shunt Wound
Horsepower (kW) 3.0 hp (2.2 kW) Continuous
Electric System 48-volt
Batteries (qty/type) Six, 8-volt deep cycle
Key or Pedal Start Pedal
Battery Charger 48 VDC PowerWise'" QE, 120 VAC, UL & CSA
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Speed Controller
250-amp solid-state controller
Drive Train
Motor shaft direct drive
Transaxle
Differential with helical gears
Gear Selection
Pa&4 Body -mounted forward -neutral -reverse
Rear Axle Ratio 12.44:1
Seating Capacity 2-person
Vehicle Load Capacity 800 lb (363 kg)
Speed (level ground) 10.2-14.8 mph (16.4-23.8 kph)
Steering Self -compensating rack and pinion
Service Brake Rear wheel mechanical self-adjusting drum
Parking Brake Self -compensating single -point engagement
Tires 18 x 8.50-8 (4-ply rated)
Gas Car
Frame Welded steel with powder coating
Body & Finish Injection -molded TPO
Standard Color Manufacturers standard colors(all units will be the same color)
Power Source
4-Cycle 24.5 cu in (401 cc) low -emissions
Valve Train
Single -cylinder OHV with hemispheric combustion chamber
Horsepower (kW)
13.5 hp (10.1 kW) exceeds SAE J1940 Std.
Electric System
Starter/Generator, Solid -State Regulator
Batteries (qty/type)
One, 12-volt maintenance -free
Key or Pedal Start
Pedal
Fuel Capacity 5.3 gallon (20.0 L) tank
Drive Train Continuously variable transmission (CVT)
Transaxle Differential with helical gears
Gear Selection Forward -Reverse
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Rear Axle Ratio
11.42:1 (forward), 15.78:1 (reverse)
Cooling System
Air Cooled
Seating Capacity
2-person
Vehicle Load Capacity
800 lb (363 kg)
Speed (level ground)
13 mph +/- 0.5 mph (21 kph +/- 0.8 kph)
Steering
Self -compensating rack and pinion
Service Brake
Rear wheel mechanical self-adjusting drum
Parking Brake
Self -compensating single -point engagement
Tires
18 x 8.50-8 (4-ply rated)
ADDITIONAL EQUIPMENT: Both Electric and Gas cars for both Golf Courses are to be furnished
with the following:
a.) Black rear quarter panel top scuff guards
b.) Sun canopy top
c.) One-piece permanent front or rear mounted tow bar
d.) Four (4) cup console with drink/tee/ball holders
e.) Steering wheel with pencil and scorecard holder
f.) Reverse warning indicator
g.) Vinyl and wrap around rear fender mud guards
h.) Windshield, Split, hinged
i.) Plastic information holder
j.) Single or twin sweater brackets
k.) Sand bottle brackets and bottles on both sides
I.) Thirty (30) extra sand bottles per Golf Course.
m.) Thirty (30) New Replacement Tires and Rims (mounted) are to be provided on an annual
basis to both of the golf course facilities.
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n.) Four (4) inch high identification numbers are to be installed on drivers and passengers
side of the cars
o.) Golf Course Logo decal, up to four (4) colors, are to be installed on the front panel of the
golf car. Artwork will be provided to the contractor by the Village.
RANGE PICKER, GASOLINE POWERED, SPECIFICATIONS:
The Utility Vehicles furnished under this specification shall be E-Z-Go, a Textron Company,
Hauler Model 1200, or an approved equal, and shall come equipped with all of the standard and
additional equipment/accessories identified in the following specifications.
Engine:
The engine shall be Gasoline, 11.0 rated, 4 cycle, 21 Cl (350 GE) +. '
24.5 Cl (401cc) single cylinder, air-cooled.
Valve Train:
The valve train shall be an overhead valve, overhead cam, and belt
drive.
Lubrication:
Pressurized oil system, washable permanent filter.
Ignition:
The ignition shall be solid state with crank trigger, electronic timing
advance, and RPM limiter.
Electrical System:
The electrical system shall consist of starter/generator, solid-state
regulator, 24-volt maintenance free battery, 515 CCA, 82-minute
reserve, instrument panel mounted 24-volt power outlet and hour
meter.
Drive Train:
The drive train shall be automatic, continuously variable transmission
(CVT) forward and reverse.
Transaxle:
The transaxle shall be high efficiency differential with helical gears
and ground speed governor.
Brakes: The brakes shall be dual rear wheel mechanical drum brakes, self-
adjusting with non -asbestos linings and an automatic parking brake
release with self -compensating system.
Body: The front shall be a flexible resistant front cowl with the rear having
lightweight, replaceable steel panels.
Chassis: The chassis is to be constructed of high yield strength tubular steel or
aluminum construction combining frame and body together. It shall be
equipped with a mounted hitch receiver.
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Suspension:
Front & rear suspension to have heavy duty multiple leaf springs w/
hydraulic shock absorbers.
Steering:
Steering to be self -compensating single reduction rack & pinion.
Fuel System:
6.0-gallon tank with Instrument Panel mounted Analog Fuel Gauge and
Low Oil light.
Dimensions:
Overall length to be minimum 100" but a maximum 115"; wheelbase to
be at least 66".
Load Capacity:
Vehicle load capacity to be rated @ a minimum of 1,200 pounds
including operator, one (1) passenger, accessories and cargo.
Load Bed:
The size of the load bed shall be approximately 43" wide x 40 inches
long x 24 inches deep with a bed volume of approximately 12 cubic feet.
The bed shall be equipped with a heavy-duty bed liner with tailgate
cover, quick release for easy service access and a hinged removable
tailgate and bedsides.
Speed:
Speed shall be approximately 12-14 MPH. Manual or keyed
forward/reverse/neutral switch. Infinite number of speeds via a solid-
state controller.
Color: Manufacturer standard colors
Tires: 18 x 5.50 x 8, 4-ply rated standard ribbed tires.
ADDITIONAL EQUIPMENT: All of the Range Pickers are to be furnished with the following:
a.) Steel, aluminum, or polymer driving range enclosure capable of protecting operator and
enclosure from damage from golf balls.
b.) Range ball picker attachment.
c.) Twenty (20) New Replacement Tires and Rims (mounted) are to be provided to the golf
courses on an annual basis.
d.) Headlights, with protective cover
e.) Windshield
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UTILITY VEHICLE, GASOLINE POWERED, SPECIFICATIONS:
The Utility Vehicles furnished under this specification shall be Cushman, Hauler 1200, or an
approved equal, and shall come equipped with all of the standard and additional
equipment/accessories identified in the following specifications.
Frame Welded steel with powder coating
Body & Finish Injection -molded TPO
Standard Color
Manufacturers standard colors(all units will be the same color)
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Power Source
4 Cycle 24.5 cu in (401 cc)
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Valve Train
Single Cylinder OHV
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Horsepower
(kW) 13.5 hp (10.1 kW) Exceeds SAE J1940 Std.
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Electrical System
Starter/Generator. Solid State Regulator
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Batteries
One, 12 Volt Maintenance Free
Body & Finish
Injection -Molded TPO
Cooling System
Air Cooled
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Max Fuel Volume
6.0 Gallon (22.7 L) tank
Drive Train
Continuously variable transmission (CVT)
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Gear Selection
Forward — Reverse
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Steering
Self -compensating rack and pinion
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Service Brake
Rear wheel mechanical self-adjusting drum
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Parking Brake
Self -compensating, single point engagement
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Cargo Box Width
(inside) 44.0 in (111.76 cm)
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Cargo Box Length
(inside) 39.0 in (99.06 cm)
°
Cargo Box Depth
(inside) 12.0 in (30.48 cm)
a:
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Cargo Box Capacity
12 cu ft (0.34 cu m)
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TIRES:
18 x 8.50 x 8, 6-ply rated standard ribbed tires.
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ADDITIONAL EQUIPMENT: All of the utility vehicles (range pickers) are to be furnished with
the following:
a.) Headlights, with protective cover
b.) Reverse warning indicator
PERSONNEL CARRIER SPECIFICATIONS:
The Personnel Carriers furnished under this specification shall be Cushman, Model No. Shuttle 4
or Shuttle 6, or an approved equal, and shall come equipped with all of the standard and
additional equipment/accessories identified in the following specifications.
Frame
Welded steel with powder coating
Body & Finish
Injection -molded TPO
Standard Color
Manufacturers standard colors(all units will be the same color)
Power Source
4-Cycle, 24.5 ci (401cc) Low Emission
Valve Train
Single Cylinder OHV -
Horsepower (KW)
13.5 hp (10.1 kW) Exceeds SAE J1940 Std.
Electrical System
Starter/Generator. Solid State Reg.
Battery (Qty/Type)
One, 12V Maintenance Free
Cooling System
Air Cooled
Fuel Capacity
6 Gallon (22.7 L) Tank
Drive Train Continuously Variable Transmission (CVT)
Transaxle Differential w/ Helical Gears
Gear Selection Forward — Reverse
Speed 16 mph +/- 0.5 mph (26 kph +/-0.8 kph)
Steering Self -Compensating Rack & Pinion
Service Brake Rear Wheel Mechanical, Self -Adjusting Drum
Parking Brake Self -Compensating, Single -Point Engagement
Tires Links 18 x 8.5 - 8 (4 Ply Rated)
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Lighting The car will be equipped with headlights, taillights,
brake lights and a horn.
Seating The seating area is to be bench type to accommodate
operator plus three (3) passengers for the Shuttle 4 and
operator plus five (5) passengers for the Shuttle 6 with split or
full backrest, vinyl handgrip/hip restraints. The seats and
seat backs are to be upholstered in a tan or white vinyl.
The rear seat will be capable of flipping up for storage
access.
ADDITIONAL EQUIPMENT: All of the personnel carriers are to be furnished with the
following:
a.) Headlights, with protective cover
b.) Sun canopy top
c.) Reverse warning indicator
Delivery:
All long-term rental vehicles such as golf cars, personnel carriers or utility vehicles must be
delivered no later than February 1, 2018 or thirty (30) to forty five (45) calendar days after
notice of award of the contract. The equipment delivered will be new; no used equipment will
be accepted.
Manufacturer's Warranty:
The Contractor will be responsible for any and all repairs and service, parts and labor, to the
units under the original equipment manufacturer's warranty. The Village of Buffalo Grove will
not incur any cost associated with any warranty service provided by the Contractor. All warranty
repair and service work shall be performed at the sole expense of the Contractor.
Maintenance and Service:
It will be the responsibility of the contractor to include in the rental cost any and all cost
associated with the repair and maintenance of the vehicles. The response time for all services
requests will be within twenty-four (24) hours of notification from a representative of the Golf
Department. If upon inspection of the failed equipment it is determined by the Contractor's
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service technician that the repair will take in excess of twenty—four (24) hours to complete, then
the Contractor will be required to provide a loaner golf car, personnel carrier or utility vehicle to
the Golf Department facility at no additional cost. The loaner equipment must be delivered to
the Golf facility within twenty-four (24) business hours. The Golf Department will be responsible
to fix or replace flat and/or damaged tires as needed and maintain battery fluid levels.
The Contractor shall maintain an adequate fleet of electric golf cars, personnel carriers and
utility vehicles in its inventory along with a local repair facility with qualified and trained service
technicians to diagnose and complete repairs to the vehicles when needed to fulfill the
requirements of the Village's Golf Department as well as other Village department's
requirements.
When rental equipment is removed from a Golf Department facility to be taken to the
Contractor's repair facility, the Contractor shall provide, at no additional expense to the Village,
a service report when any rental equipment is removed and/or returned to the premises. This
form shall contain, at a minimum, the following information:
Location Date and time Unit is Removed or Delivered, Equipment Model No. and Serial No.,
Estimate Time repair will take once removed, Signature and employee number of department ti
person authorizing repair delivery and/or removal of equipment.
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One copy of the form will be provided to the Golf Director for their records.
The Contractor shall provide services to the equipment using competent, trained service
technicians. All of the Contractor's service technicians that will be dispatched to facilities to
evaluate and/or repair failed equipment must be able to speak, understand, read and write the
English language. All parts used in the repair of the equipment shall be new or rebuilt and be
that of the original equipment manufacturer or those recommended by the O.E.M. Failure to
comply with this provision shall be just cause for termination. Any parts rejected by the Village
shall be replaced with new parts at no additional expense to the Village. All parts used whether
they are new or rebuilt, shall carry the standard manufacturer's warranty.
The Contractor shall be staffed with qualified service technicians and shall have the ability to
provide repair and maintenance services seven (" .Jays peF week five (5) days per week
(Monday - Friday).
The Contractor shall also designate one (1) of its employees to act as the contract coordinator.
This coordinator will be the Contractor's person that the Village would contact to resolve any
disputes, discuss problems and/or obtain information.
The Contractor shall provide a keyed override to limit speed.
The Village will not be held responsible for maintenance that was not performed by the
Contractor as required in the scope of services.
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Equipment Theft or Vandalism:
The Village shall provide the Contractor a written Police report upon theft of vehicles. The
Contractor shall provide a replacement cost within ten (10) calendar days after receipt of Police
report. The Contractor shall not charge a monthly rental rate once notification with Police
report is received and shall resume monthly rental once new unit(s) has been replaced. The
replacement shall not exceed 10% above the manufacturer's invoice price.
Training:
The Contractor shall provide on -site training for designated for Village maintenance personnel
on the proper preventative maintenance and operational requirements of the equipment if
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requested. The requests for training will be submitted to the Contractor in writing by the Golf
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Director or authorized representative. The On -site training will include basic training on
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preventative maintenance and routine maintenance checks to ensure optimal continued
operation of the equipment.
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The Village will be responsible for performing the following preventative maintenance checks:
TIRES: Check tires on a daily basis for leaks or damage.
BATTERIES: Check battery water levels on a monthly basis.
OTHER: Check suspension, brakes, unusual noises on a weekly basis.
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Payment:
The Contractor shall specify model number, vehicle location and serial number(s) for each
vehicle on each invoice.
The Contractor acknowledges that the Village is a unit of local government and that all
payments under the Contract are subject to the Local Government Prompt Payment Act, 50 ILCS
505 et seq. To that extent, the Village shall have forty-five (45) calendar days from receipt of a
bill or invoice to pay the same before it is considered late under the Contract. Interest, if any,
charged for any late payments will be subject to the interest rate caps specified in the Prompt
Payment Act.
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Short Term Rentals (Event)s:
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The Village shall provide a minimum of thirty (30) calendar days written notification to the
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Contractor for rental of golf cars, personnel carriers and utility vehicles for short term and
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special event rentals.
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The r Rtal equipmeRt will be n E)IdeF than twe yeaFS old. The Contractor will make every effort
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to provide rentals that are less than two (2) years old. Rentals will be in good working order and
appearance upon delivery to the Village. The color of the units can be the standard
manufacturer's color(s).
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The Contractor will be responsible for transporting the rental equipment to and from the site
the equipment will be used at and also providing any maintenance or repairs as needed during
the rental period.
Additions & Deletions:
The Village Purchasing Manager, or the Director of the Golf Department, may by means of a
written authorization to Contractor may add or delete golf cars, personnel carriers or utility
vehicles to this Contract. Written notification shall take effect upon the Contractor's receipt of
such notice or on such other day as specified therein. As of the effective date, each item added
or deleted shall be subject to this Contract, as if it had originally been a part. The contractor is
not to add or remove rental equipment without prior receipt of written authorization from the
Director of the Golf Department, or the Village Purchasing Manager. In the event the additional
equipment, locations and/or service is not identical to any item already under contract, the
charges therefore will then be the Contractor's normal and customary charges or rates for the
equipment, locations and/or services classified in the fee schedule.
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VoBG-2017-22
Estimated Quantities Not Guaranteed:
The estimated quantities specified herein are not a guarantee of actual quantities, as the Village
does not guarantee any particular quantity of golf car leasing services during the term of this
contract. The quantities may vary depending upon the actual needs of the user Department. The
quantities specified herein are good faith estimates of usage during the term of this contract.
Therefore, the Village shall not be liable for any contractual agreements/obligations the
Contractor enters into based on the Village purchasing/requiring all the quantities specified
herein.
Warranty of Services:
Definitions: "Acceptance" as used in this clause, means the act of an authorized
representative of the Village by which the Village assumes for itself, approval of specific services
as partial or complete performance of the contract.
"Correction" as used in this clause, means the elimination of a defect.
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a) Notwithstanding inspection and acceptance by the Village or any provision concerning
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the conclusiveness thereof, the Contractor warrants that all services performed under this
contract will, at the time of acceptance, be free from defects in workmanship and conform to
the requirements of this contract. The Village shall give written notice of any defect or
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nonconformance to the Contractor within a one-year period from the date of acceptance by the
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Village. This notice shall state either (1) that the Contractor shall correct or re -perform any
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defective or non -conforming services at no additional cost to the Village, or (2) that the Village
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does not require correction or re -performance. N
b) If the Contractor is required to correct or re -perform, it shall be at no cost to the Village,
and any services corrected or re -performed by the Contractor shall be subject to this clause to
the same extent as work initially performed. If the Contractor fails or refuses to correct or re -
perform, the Village may, by contract or otherwise, correct or replace with similar services and
charge to the Contractor the cost occasioned to the Village thereby, or make an equitable
adjustment in the contract price.
Contractor agrees to maintain all cars in first class condition, rebuilding or replacing when
necessary throughout the term of the lease.
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9.B.d
VoBG-2017-22
The Contractor shall maintain the entire fleet of cars in good working condition at all times. All
cars that are rendered out -of -condition as a result of poor mechanical or structural failure not
caused through normal use, shall be replaced by the Contractor if the "downtime" is longer than
24 hours and if the Village requests the replacement.
Contractor agrees to furnish service on cars, chargers and batteries and will supply all warranty
replacement parts as needed at no cost to the Village. All replacement parts needed, due to
damage or neglect, will be charged to the Village at a 30% Parts & Accessories Discount.
CeRtraGWF agFees te replace all batte-Fies t-.h.-;;t- Ret held- a 48 hole charge. All replaeepAeRt
hattPripr -;h;;ll hp r , h;#tPri.,r
Any underperforming batteries will be tested and replaced according to manufacturer's
warranty specifications. Batteries that are found to have not been properly maintained (regular
watering/maintenance) will be exempt from this process.
The Contractor must maintain adequate liability insurance. See the "General Insurance I`
Requirements" section of this RFP. Contractor must carry worker's compensation insurance, if
applicable, in the amount required by law and provide proof of insurance each calendar year. N
Contractor may, at its discretion, insure golf cars for fire and theft.
A sample of the Contractor's lease agreement or contract, if required, must be submitted with
proposal, and will be considered in award evaluation.
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VoBG-2017-22
GENERAL INSURANCE REQUIREMENTS
1. Contractor's Insurance
Contractor shall procure and maintain, for the duration of the Contract, insurance against claims
for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG
2010 and CG 2026
1. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto."
2. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of
$1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits
and Employers' Liability limits of $500,000 per accident.
C. Deductibles and Self -Insured Retentions
Contractor has disclosed it's specific deductibles/self retentions as follows.
1. Commercial General Liability: $5,000,000
2. Automobile Liability: $500,000
3. Workers' Compensation/Employer's Liability: $1,000,000
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D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages:
The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the Village, its officials, agents, employees and volunteers.
2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its
officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its
officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not
contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officials, agents, employees and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language
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stating that Contractor's insurance shall apply separately to each insured against whom claim is made or T
suit is brought, except with respect to the limits of the insurer's liability. c
5. If any commercial general liability insurance is being provided under an excess or umbrella liability policy N
that does not "follow form," then the Contractor shall be required to name the Village, its officials,
employees, agents and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence policy form. Claims -made general
liability policies will not be accepted.
7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation imposed by
any state statute, regulation, or case law including any Workers' Compensation Act provision that applies
a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding
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9.B.d
E. All Coverages:
1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission, including, but not limited to:
a. Allowing work by Contractor or any subcontractor to start before receipt of
Certificates of Insurance and Additional Insured Endorsements.
b. Failure to examine, or to demand correction of any deficiency, of any
Certificate of Insurance and Additional Insured Endorsement received.
2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice
Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in
accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do
business in the State of Illinois.
G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents,
employees, and volunteers as additional insured's and with original endorsements, affecting coverage required
herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by
the Village before any work commences. The Village reserves the right to request full certified copies of the
insurance policies and endorsements.
H. Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of
the requirements stated herein.
I. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including employees of
the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to
property sustained by any person or persons occasioned by or in any way arising out of any work performed
pursuant to the Contract.
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9.B.d
J. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials,
employees, agents and volunteers for losses arising from work performed by Contractor for the municipality.
2. Indemnity/Hold Harmless Provision
A. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and
hold harmless the Village, its officials, agents and employees against all injuries, deaths, loss, damages, claims,
patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its
officials, agents and employees arising in whole or in part or in consequence of the performance of this work by
the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising
out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense,
appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in
connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and
employees in any such action, the Contractor shall, at its own expense, satisfy and discharge the same.
Contractor expressly understands and agrees that any performance bond or insurance policies required by this
contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the Village, its officials, agents and employees as herein provided.
B. Kotecki Waiver. In addition to the requirements set forth above, the Contractor (and any
subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all
personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the
Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the
Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the
Village may sustain as a result of personal injury claims by Contractor's employees, except to the extent those
claims arise as a result of the Village's own negligence.
Packet Pg. 105
VoBG-2017-22
VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS
The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public
contracts. The following Public Contract Statements shall be executed and notarized.
MOMTETT =40 .1
In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be
acknowledged:
The below -signed Contractor/contractor hereby certifies that it is not barred from Bidding or supplying any goods, services or
construction let by the Village of Buffalo Grove with or without Bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of
Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference
with public contracting, Bid rigging and rotating, kickbacks, and Biding.
In order to comply with 65 Illinois Complied Statutes 5/11-42.1.1, the Village of Buffalo Grove requires the following certification:
The undersigned Contractor does hereby swear and affirm that it is not delinquent in the payment of any tax administered by
the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate
revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false
statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid
to it under the contract.
CONFLICT OF INTEREST
The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with
general ethics requirements of the Village:
The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of
acceptance of this (Proposal or purchase order) that none of the following Village Officials is either an officer or director of
supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of
Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the
Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village.
If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is an officer or
director of your business entity or owns five percent (S%) or more thereof:
(Official) ......
--- — -------- ......... . . . ................ .........
�Ph t N Coi r or/Coi / r actor Supplier
Signature
UA;QMzE-P___
Title
Subscribed and Sworn to before me this day of. 2017,
Notary Public Notary Expiration Date,
offidall Seal
DOW A Pokfth
Notary ftWk,-SM8 of Molls
my commits m Expires 09119/2020
I Packet Pg. 106 1
9.B,d
A Textron Company
Golf Cart Lease RFP VoBG-2017-22
Buffalo Grove Golf Course & Arboretum Golf Club
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9.B,d
Table of Contents
Base Bid Variations, Exceptions or Alternatives--, .... ... . ... .......... ...... .... — ................ 3
l r aF►r , l I armor c cf tir m nt
SectionI — Executive Summary ................................................................................................—.........,., —4-5
Section II — Projects/Services.......................................................................................................................4-5
SectionII, Question 1...... ......... ............ ...... .................................................................. ...............6
SectionII, Question 2....................................................................................................................................6
SectionII, Question 3.............................. ..p,......,..,.,.....,..,,,............... ,.....,,.,...,,.....,....,.,,,,.,,..,,.,...............,.... 6-7
SectionII, Question 4... ................................................................................. ..............W,,...,.,,.,.,....... ....... ......7
SectionIII — Company Profile.......................................................................................................................8
Section II, Question 1 (Form Attached, See Pages 16-17).......................................................................4-5
SectionII, Question 2a..................................................................................................................................8
Section II, Question 2b... --- .............. ......................... .......... ................ --- .......
.........................................8-9
Section IV — Resumes and References.......................................................................................................10
SectionIV, Question 1..................................................................................................................................10-11
SectionIV, Question 2..................................................................................................................................12
SectionIV, Question 3... ........................ --- ... ............... ---- ....... ,.,.....,......,,...,................ ,....— ........... ,...12
SectionIV, Question 4a.................................. .......................... ........... ......... .................... ....-- ........ ,...,.,.... 13
SectionIV, Question 4b,..,.......... ...............................................ro......,.........,.,...............,.........................,. —13
Section V — Qualifications and Experience................................................................................................14
SectionV, Question 1a.................................................................................................................................14
SectionV, Question 1b................................................................................................................................14
SectionVI — Disclosures...............................................................................................................................15
SectionVI, Question 1..................................................................................................................................15
SectionVI, Question 2........ ................ .................................. ---- ... ............ ........ ............... --- ... ...... ..--15
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9.B,d
Base Bid Variations Exce tions or Alternatives
Page 9, Golf Cart Lease, General: Should and extension be requested, it would require new lease
documents to be completed. The extension pricing would be available at a maximum of a 2% year -over -
year increase from the existing vehicle selling price. Subject to interest rate fluctuation.
Page 11— Electric Cart, Gear Selection: Body -Mounted Forward -Neutral -Reverse
Page 13 — Range Picker, Engine: 24.5 cubic inch, 401cc, single cylinder
Page 14—Range Picker, Dimensions: Maximum overall length of 115"
Page 17 — Delivery: 30-45 day lead time, delivered no later than February 1, 2018
Page 18 — Maintenance and Service, Line 3: 24 Business Hours
Page 18 — Maintenance and Service, Line 26 and 27: The Contractor shall be staffed with qualified
service technicians and shall have the ability to provide repair and maintenance services five (5) days per
week (Monday — Friday).
Page 19 — Equipment Theft of Vandalism, Line 1— 4: E-Z-GO/Textron, Inc. does not agree to this section
as it currently stands and asks that it be revised or removed from the final agreement.
Page 20 — Short Term Rentals (Event)s, Line 4-5: E-Z-GO/Textron will make every effort to provide
rentals that are less than two (2) years old, but cannot guarantee year model of cars in advance. Rentals
will be in good working order and appearance upon delivery to the club.
Page 22 — Warranty of Services, Line 5-6: E-Z-GO/Textron, Inc. does not agree to this section as it
currently stands and asks that it be revised or removed from the final agreement.
Page 22 — Warranty of Services, Line 7-8: Any underperforming batteries will be tested and replaced
according to manufacturer's warranty specifications. Batteries that are found to have not been properly
maintained (regular watering/maintenance) will be exempt from this process.
Page 23 — Deductibles and Self -Insured Retentions: E-Z-GO/Textron, Inc. does not agree to this section
as it currently stands and asks that it be revised or removed from the final agreement. E-Z-GO/Textron,
Inc. does not disclose deductibles to third parties and cannot ask our insurer to reduce or eliminate
these at the request of the Village.
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9.B,d
Section 1— Executive Summary
1. Thank you for allowing us to be included in the process for the fleet and utilities at Arboretum Golf
Course and Buffalo Grove Golf Course. When making the fleet and utility decision, it is important to
look at all angles of the product offerings. The below and following proposal from E-Z-GO will meet
product specifications better than any other proposal submitted, through features such as a solid
front axle, automotive TPO finish and increased horsepower, setting the E-Z-GO TXT apart from it
competition.
In addition, E-Z-GO has been one of the leaders in fuel efficiency, with the use of its standard
Kawasaki FJ400 engine. As a result, competitive models have introduced new engines to the market
to better compete. An Electronic Fuel Injected engine may sound exciting, but with only a brief
history in the golf fleet market, its benefits have not been verified and risks not fully exposed. E-Z-
GO continues to use a carbureted engine because the Kawasaki FJ400 engine, with a hemispheric
combustion chamber, allows for more air and less fuel mixture to maximize the performance, along
with giving it incredible fuel efficiency. The other benefit of this system is that it is very easy to work
on and parts are inexpensive, cutting down on repair costs. When it comes to the electric golf cars,
the E-Z-GO TXT48 utilizes Trojan Batteries — one of the most trusted names in the industry - to
create the most efficient DC car in market. Combine those features with, what is considered to be a
best -in -class warranty, the E-Z-GO TXT should limit the Village's out of pocket exposure, when
compared against the competition.
Additionally, a golf car is much more than just its powertrain. The E-Z-GO TXT golf car has been the
best-selling golf car for the past 15 years for many reasons. The golf car frame is made from welded
steel with DuraShieldT"I powder coat and utilizes a solid front axle, which results in the most durable
golf car platform in the market. E-Z-GO also features an updated body style, as the TXT was
redesigned in 2014 to improve on its successful reputation, with changes that golfers notice,
including: more storage space, large bag well, larger seat backs, deeper cup holders and
repositioned ball holders.
However, to fully understand the value proposition of E-Z-GO, there is a need to understand our rich
history. Founded in 1954 in Augusta, GA, we are the only US -based golf car manufacturer and
employ over 4,300 full time employees. Owned by Textron, Inc., you have the backing of a $13.413,
Multi -Industry, Fortune 200 Company, that was built on the bedrock of brands and products
renowned progress and innovation.
Along with a strong history, E-Z-GO is also invested in servicing and maintaining its vehicles in the
Chicago/Northern Illinois market. E-Z-GO currently offers six (6) certified, factory -direct service
technicians covering the region. Headed up by our Regional Service Manager of 35 years, Robert
'Sparky' Voldan, our commitment to customer service and level of knowledge is unrivaled in the
market.
Lastly, as the Territory Sales Manager and day-to-day contact, I feel the need to also sell myself. I
have been in the territory for two years, but have been in the golf industry for over five and a
resident of the Chicagoland area my entire life. My time with the LPGA and a Golf Digest Top 100
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9.B,d
Golf Course, not only taught me provide top quality service, but also to support my accounts when
additional needs are expressed.
Again, thank you for your consideration and I look forward to an opportunity to work together in
2018.
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9.B,d
Section II — Projects/Services
1. E-Z-GO's approach to delivering the required equipment and services, as described in the Scope of
Services include, but are not limited to, building the cars to order and delivering the cars fully
assembled. Once the contract has been signed and cars ordered, E-Z-GO will begin to custom
manufacture the fleets for Arboretum Golf Club and Buffalo Grove Golf Course. In our commitment
to quality, cars are not taken from pre -built stock or existing inventory. Once assembled, cars will be
delivered to the respective courses, fully complete - no on -site assembly required.
As for the relationship management and service aspects, day-to-day conversations and solutions will
be provided by Brian Termini, Territory Sales Manager and Robert 'Sparky'Voldan, Service Manager.
Brian has several years in the golf industry and lives in Chicago, Illinois. Sparky has been in the
industry for over 35 years and leads of team of 6 Service Technicians based out of Lake Zurich. The
Service Technicians keep and inventory of approximately $7,000 in parts on their service vehicles
and can be rerouted from their daily tasks to efficiently repair issues. E-Z-GO's main objective in
service, is to be able to repair the cars on -site, without having to remove the vehicle. Ultimately, we
hope to be in and out of the course, without requiring more than a signature from the course staff.
2. Outside of custom building each fleet to order, E-Z-GO utilizes third -party equipment finance
partners that specialize in the golf market. These partners work with us to provide flexible finance
terms at the best possible market rates, ultimately allowing E-Z-GO to work with the Village to
adjust the lease terms and payment schedule to meet budgetary needs.
When it comes to innovative ideas for these specific fleets, E-Z-GO would specifically recommend
two areas to save money: tires and a Shuttle 2+2 in replacement of a Shuttle 4. By decreasing the
tire needs for the range picker to two (2) replacement tires, the Village would be able to decrease
the monthly per car amount from $503.97/$396.25 to $485.12/$381.83 (36 months and 48 months,
respectively). Traditionally, we have seen Range Picker tires lasting 5+ years and feel that needing
20 additional tires is an unnecessary up -front cost. if needed at a later date, tires can be ordered
through our Parts & Accessories Department. Should the Village of Buffalo Grove decide to choose
E-Z-GO as the vendor of choice for the 2018 cart and utility fleets, the Village would receive a 25%
Parts and Accessories Discount on all future orders.
Additionally, the Village has specified a Shuttle 4 in the RFP. However, in reading the description, it
seems that the Village is looking for a Shuttle 2+2. The main differences between the two can be
„ a�„ ",. �o�ii6a� ; but ultimately the Shuttle 4 provides four (4)
found at �; �_�o;i������u� s������� °�� ��a i� �U e
forward facing seats with a permanent bed on the back. As for the Shuttle 2+2, it provides two (2)
forward facing seats and two (2) rear facing seats that flip to create a temporary bed. By switching
the two vehicles, the pricing would go from $473.55/$372.98 to $294.48/$236.00 (36 months and
48 months, respectively).
3. When it comes to service quality, as mentioned previously, our Service Manager, Robert'Sparky'
Voldan, has been in the industry for over 35 years. Our team of six (6) Service Technicians have a
cumulative experience of over 75 years working for E-Z-GO. The team has been trained out of our
Augusta offices and is constantly learning the new innovations within the industry. We realize that a
faulty product not only reflects poorly on us, but also on the facility itself, so both Sales and Service
are committed to making sure that our customers are proud of their fleet and utility vehicles and
have a great experience with them.
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9.B,d
In addition to the product itself, I personally feel the quality of courses that we have proudly
representing E-Z-GO, is a testament of itself. We currently represent over 50% of the top 40 courses
in the 2017/2018 Golf Digest Top 100 Rankings and are partners with courses such as: Cypress Point
Club, Oakmont Country Club, Pebble Beach Golf Links, Sand Hills Golf Club, Seminole Golf Club,
Muirfield Village Golf Club, etc. On a local level, we represent such clubs as Bob O'Link Golf Club,
Biltmore Country Club, Barrington Hills Country Club, Onwentsia Club, Lakeshore Country Club, Park
Ridge Country Club and The Glen Club. Building personal connections with our customers allows us
to have an open line of communication and respond to needs more efficiently.
4. Project Schedule
................ m ...
Task:
....
Timeline:
... _ry.ry_..., _ ... ,....... ...........
Selection of Finalist ......... ......... �.....��. ..m...ry_....w
November 13-14, 2017
�.............w._.wm_w.........___ _ ._..........__.. .........
Intent to Award
Nove..ry....
mber 21-22, 2017
Award of Agreement _ry.._..._..
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µNotice
December 4, 20 17
to Proceed
-------
er 6, 2017
December 2 .................. ... . .................
......
Order of Fleet & Utility Vehicles
........ ..........
—
December 6, 2017
_................_._.................. ......... ....._........
Preparation of Lease Documents _. _.._
�.,.._...
December 6, 2017
,___........ __._ ,_- _-.w............................................
Review of Lease...Documents.....
December 8, 2018
_.
gnature of Completed Lea t
Signature se Documents
.............................. p.................... . s
Decemberr 15, 2017
Vehicles Leave Augusta*
_-
January 22-26, 2018
- ..... _ ..........u...... _......_ .. ......_ ...... ....
Vehicles Delivered to Courses*
January 22-26, 2018
Acceptance of on and Acceect Inspection Vehicles *
p........ww......................................._�.._.._..._..._
January 2„2 , 2018
ry 26
*Dates subject to change based on actual production and delivery schedule. Delivery
not guaranteed as weather or production factors may adjust timing. Vehicle delivery
guaranteed by February 1, 2018.
7
Packet Pg. 113
9.B,d
Section III — Company Profile
1. Profile and Qualifications Form (see end of Proposal Response Requirement pages)
2a. As previously mentioned, E-Z-GO was founded in 1954 in Augusta, Georgia. The company's
headquarters remains there today and employs over 4,300 full time employees across a 1.35M
square foot campus. We currently sell over 50 different models across our B2B and consumer
markets.
In addition to our US based history, we were the first company to receive the Shingo Prize for
Operational Excellence at the Enterprise Level. We were also named one of the Top 10 plants in
North America in 2009 by Industry Week Magazine. These awards, along with the backing of a
Fortune 200 company should provide the Village with peace of mind in knowing that the fleets of
golf cars were quality -built and manufactured in a financially responsible timeframe. Our
shareholders expect financial success from Textron, Inc. and specifically E-Z-GO, to deliver our
vehicles on time and in a manner that only increases the value of their investment.
2b. Sustainability at E-Z-GO is more than just a catch phrase. To us, it is a way of life. We know that the
natural resources we operate in are the same natural resources in which the future generations will
live. We believe in our current sustainability efforts have been successful. We cycle water, build
recyclable cars, and continuously recycle many types of material.
In an effort to commit to sustainability, E-Z-GO is proud to be the industries first ISO 14001 certified
organization. Simply stated, this says that we have established a culture where our team members
are committed to sustainability and the prevention of pollution. Our expectation can be summed up
in two words — continuous improvement. In 2010, Textron launched its Vision 20/15 Sustainability
Goals — an aggressive five-year program to reduce energy use, greenhouse gas emissions and waste
20 percent by the year 2015. In terms of energy usage, E-Z-GO Division of Textron Inc continues to
decrease energy consumption. In 2010, we were using approximately 115 thousand mmBTUs (one
million British thermal units). Since then, we have brought our usage down to 100 thousand
mmBTUs. This data represents our electric, gas, propane, and oil consumption.
E-Z-GO Division of Textron Inc recycles many types of material. We recycle all metals including
engine components, tire rims, steel drums, vehicle frames, dyes, and laser etched steel dust. We
also recycle plastics like cowls, plastic totes and drums, plastic packaging film, plastic punch outs
from various processes, bottles, and shrink wrap. Outside of plastics and metals, we also recycle
cardboard, paper, oil, batteries, aluminum cans, books, and pallets. Last year, we recycled six million
pounds of material.
Regarding products, E-Z-GO offers a patented and exclusive AC drive train for RXV electric vehicles
that increases energy efficiency as much as 25 percent. This past year we also introduced a solar
panel option that will offset nearly 100 pounds of carbon dioxide emissions per vehicle! Our gas
vehicles also have an average of over 30 miles -per -gallon fuel economy. But it doesn't just stop with
our innovative products; at the 750,000 square foot manufacturing facility in Augusta, Georgia we
reduced our energy consumption by 28% in 2014. In March of 2012 we achieved an amazing 90%
waste diversion with a long-term goal of zero landfill. We can accomplish this by reducing,
eliminating and finding other uses of our waste streams. As an example, E-Z-GO has re -engineered
our paint process using a greener process that eliminates three chemicals from our facility, reduced
water consumption 30% and reduced our sludge generation by 25%. This process also enhanced the
8
Packet Pg. 114
9.B,d
quality of paint our customers receive. We have incorporated this methodology into the design and
sourcing.
Approximately 40% of the components used in the manufacture of our vehicles are derived from
recycled materials (such as metal and plastic). We also believe it is important to maintain a safe and
healthy sustainability within the products we make. You could recycle 95% of an E-Z-GO golf car. The
only portion of the car that is not recyclable is the seat.
We believe we are currently maintaining safe and healthy sustainability efforts. However, we would
like to continuously improve our efforts. Our 2015 sustainability goal was to reduce utility cost by
5%--which will ultimately decrease our natural resource consumption.
We also take our sustainability to another level by reaching out and helping other businesses in their
sustainability efforts. As the saying goes "A rising tide lifts all boats." By utilizing the kaizen
methodology on sustainability we are able to leverage the knowledge and expertise from within our
organization. Through these kaizens we have had the pleasure to help many companies in their
sustainability efforts: Bell, Cessna, Kautex, Jacobsen, Greenlee, Delphi and Curtis Instruments.
9
Packet Pg. 115
9.B,d
Section IV — Resumes and References
1. Key Contractor Personnel
a. Brian Termini —Territory Sales Manager
Brian Termini is currently the Chicago/Northern Illinois Territory Sales Manager for
Textron Golf. Representing the brands of E-Z-GO, Cushman and Textron Fleet
Management, he is directly responsible for sales into the golf channel, including country
clubs, public golf courses and resorts.
Before working at Textron Golf, Brian was Sales Manager for Seasons 52 Chicago, where
he oversaw day-to-day sales, group and event dining, local market activation and
grassroots marketing.
Previously, Brian was the Director of Operations and Private Event Director at
ClubCorp's, The Mid -America Club. Located on the 80th floor of the Aon Center in the
East Loop of Chicago, The Mid -America Club is a private business and dining club for
Chicago's most influential leaders.
Formerly, as the Assistant Director of Sales & Marketing at Rich Harvest Farms, Brian
was directly responsible for all aspects of Sales & Marketing and Membership at the
perennial, Golf Digest America's 100 Greatest Golf Courses (#58, 2011/2012).
Professionally Media Trained by Ogilvy Public Relations.
Specialties:
13213 Sales, Business Development, Event Marketing and Management, Revenue
Generation and Relationship Management
10
Packet Pg. 116
9.B,d
b. Robert 'Sparky'Voldan —Service Manger
HOW DID YOU GET STARTED WITH YOUR CAREER? WHAT LED YOU TO E-Z-GO®?
After high school, I went to vocational school to be a welder on the Alaskan Pipeline. My
plans changed and I worked on Earth Movers for Fiat -Allis, until I got an opportunity to
work for E-Z-GO in welding. I really like to work hands-on, so I began doing mechanical
work with the products. I have a passion for learning, so I took advantage of any
opportunity to further my product knowledge. I have found that my passions lie in
working in service, so I was extremely excited to eventually become a Service Manager.
WHAT ARE YOUR BIGGEST RESPONSIBILITIES?
My biggest responsibility is to fully meet the customer's needs in a timely fashion. I
firmly believe that an unhappy customer is totally and completely unacceptable. I want
all of my customers to have a positive feeling about their experience with us.
I also am responsible for making sure that my team is expertly trained and properly
stocked with parts and tools. If my team or a customer needs something, whether it's a
tool, part, or information, I will get it to them anyway I can.
WHAT DOES SUCCESS LOOK LIKE FOR YOU? HOW DO YOU KNOW YOU'RE DOING
YOUR JOB WELL?
When someone says they're going to reinvest with E-Z-GO because of our service, it's a
great feeling. That's when I know we have truly been successful. A big personal success
is when I leave a course and can shake hands with a customer and know they are happy
and feel taken care of. Service to us doesn't mean just working on vehicles, it means
educating our customers and being a true partner for them. That is key to both of our
successes. The product is excellent, but the service it receives is crucial. We're gifted
with great vehicles, but keeping them neat, clean and meeting each customer's
individual needs makes all the difference.
WHAT IS YOUR TEAM'S COMMITMENT TO THE CUSTOMER?
We are committed to making sure our customer is proud of their E-Z-GO and Cushman°
vehicles. We strive to ensure that each customer has a great experience with our
products and our technicians. I want all of our customers to know that when they see
our trucks and our team that they are going to be taken care of, treated fairly and with
respect.
WHAT IS THE TECHFORCET"" COMMITMENT?
Armed with extensive knowledge, experience and advanced training, TechForce is
driven to do whatever it takes to keep your vehicles running smoothly. A quick
response, dependable service and a no -excuses approach to business — that's what
TechForce is all about.
• Largest nationwide network of experienced technicians
• Factory -trained to maintain and service vehicles
• Industry -leading response time
• Mobile parts inventory
11
Packet Pg. 117
9.B,d
2. Organizational Chart
Sales
_... ,. 001 (,*....,,,,.._._._......_
Brian Jones
Kevin Groves
National Sales Manager
National Service Manager
............. T
Adam Harris
-T . ... ......
Robert 'Spa rky' Voldan
Regional Sales Manager
Regional Sales Manager
Brian Termini
Randy Nelson
Territory Sales Manager
Service Technician
3. References
Hi hlands of 1=1 in
Contact: Jim Vogt
Address: 875 Sports Way, Elgin, IL 60123
Phone Number: 4 -5950
Bridges of Poplar Creek
Contact: Brian Bechtold
Address: 1400 Poplar Creek Drive, Hoffman Estates, IL
Phone Number: t 4 )_ , 4-,021
by Chase punk Club
Contact: Jim Tourloukis
Address: 1000 N. Milwaukee, Wheeling, IL
Phone Number: ). 4x) (55-2 0
Villa Oliva Golf Course
Contact: Peter Pope
Address: 1401 W. Lake St., Bartlett, IL
Phone Number: JQQj, .9-. 0;
Onwentsia Club
Contact: Nick Papadakes
Address: 300 N. Green Bay Road, Lake Forest, IL
Phone Number: (847) 234-0120
12
Packet Pg. 118
4. Subcontractors
a. None — N/A
b. None — N/A
13
Packet Pg. 119
Section V — Qualifications and Experience
1. Related Experience
a. —(74)TXT48Golf Car
i Contact: ]imVo8t/
|i. Address: 87SSports Way, Elgin, |L60lZ3
\ii. Phone Number:
iv. Estimated Contract Value: $305,000
b. —(O6)TXT4OGolf Car, (2)Oasis Refresher, /Z\OU0G,(2)OOOXG
i. Contact: Brian Bechtold
ii Address: 14OUPoplar Creek Drive, Hoffman Estates, |L
iii 9honeNwmmber:
w. Estimated Contract Value: $393,000
c. —(80)TXT48Golf Car, (1)Oasis Refresher
i Contact: Jim ToudouWs/
R' Address: 10OON.Milwaukee, Wheeling, IL
iii Phone Number:
iv. Estimated Contract Value: $432,000
d. Villa Oliva Golf Course —(2O)TXT-G Golf Car
i Contact: Peter Pope
|l. Address: l4OlVV.Lake St,Bartlett, |L
iii PhmneNurmbar
iv. Estimated Contract Value: $77,008
e. Atwood Homestead —(SU)TXT'GGolf Car
i Contact Mike Ho|an/
U. Address: 5500NorthmckDrive, Rockford, |L
iii. Phone Number:
iv. Estimated Contract Value: $190,000
f. Forest Preserves of Cook County —/IQU TXT-GGolf Car
i Contact: Brian Dobe//
iL Address: 131005. Halsted St. Riverdale, IL
iii PhmnaNummber
iv. Estimated Contract Value: $1,015,000
14
9.B,d
Section VI — Disclosures
1. Financial Disclosure— Profit & Loss Statements for E-Z-GO, a Division of Textron, Inc., can be found
at nutjp� //oo,westm jq t,� n,R a �� ��r� � µ a o:.`�/ �� �� V „n, ��,i Click Investors along the top header, then
click Financial Reports to select the most pertinent report for the Village's needs.
2. Pending Litigation
a. Textron Inc. is an international corporation with varied world-wide operations, having
products in areas including the aviation, defense, aerospace and finance sectors, so it
would be difficult to identify all possible lawsuits, arbitrations and regulatory filings
involving Textron Inc. entities for even the past few years. If this inquiry is directed only
to E-Z-GO Division, the Textron Inc. E-Z-GO Division can respond that it is not involved,
and has not been a party, in any criminal proceedings or pending criminal
investigations. The Textron Inc. E-Z-GO Division also has not in the past 5 years had any
adverse Equal Employment Opportunity or other negative regulatory determinations;
and the Textron Inc. E-Z-GO Division is not, and has not been, a party in any material
commercial lawsuits or arbitrations. If additional information is required, it would be
helpful to E-Z-GO's response to know the types of lawsuits/arbitration/regulatory filings
of interest. If the request can be limited to lawsuits and arbitrations over the past five
years for E-Z-GO commercial business and golf course cases and claims, then the E-Z-GO
will provide a complete response within the next fifteen business days.
15
Packet Pg. 121
9.B,d
VoBG-2017-22
PROFILE AND QUALIFICATIONS FORM
Each Contractor is required to fully answer all questions in each category listed below
All questions must be addressed by the Contractor in order for this application form to be properly completed.
Failure to answer any question, or comply with any directive contained in this form may be used by the Village as
grounds to find the Contractor ineligible. If a question or directive does not pertain to your firm in any way, please
indicate with the symbol N/A.
1. Firm 'Name
Business Address
City ....... State �...�..
County,.w l4)�AJw............�.�.�.�.�.�.� Zip Code ..........................
2. Names and Titles of Two Contact People
Bj µ . f : � �" ....._Phone C_.. .. j ..". " ..-
3. Submittal is for:
E Z- I E?0
Parent Company (List any Division or Branch Offices to be involved in this project)
TEXT-P-0 - l , I N C .
Division (attach separate list if more than one is to be included)
E�-Z-170
Subsidiary
Branch Office
T�g
Name of Entity .��.."..w._:���........�.
Address:bl� ._........... .
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Packet Pg. 122
9.B,d
VoBG-2017-22
4. Type of Firm:
Corporation
* Partnership
* Sole Ownership
* Joint Venture
o Other
5. Federal Employer Identification Number /-.......
6. Year Firm was established ...............1.9l`�..................................._.................._.
7. Name and Address of Parent Company: (if applicable)
8. Acknowledgement of receipt of Addenda(s) each addendum
number)
Attach each signed addendum, if any, to the Proposal Packet as part of your submittal.
Date
(Sign here) BY
(Print Name)?..... ..m._1w_ ......_ ..........ww........_
Title.....:
E-mail�..�wwww..._ ;.....
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9.B,d
yI IfI,l, " i'ffIO U 11,11
Finance Department
Fifty Raupp Blvd.
Buffalo Grove, IL 60089-2198
Phone 847-459-2525
Fax 847-459-7906
Golf Cart Lease
ADDENDUM #1
TO: Prospective Bidders and Other Interested Parties
FROM: Village of Buffalo Grove Finance Department
ISSUE DATE: September 25, 2017
SUBJECT: ADDENDUM #1
Note: This Addendum is hereby declared a part of the original proposal documents
and in case of conflict, the provisions in the following Addendum shall
govern.
The following changes and clarifications shall be made to the Bid Documents for the Golf Cart
Lease project.
Q1: The Estimated Quantities in the Schedule of Prices do not match the Quantities shown on
page 9 of the RFP, which is correct?
Al: The Estimated Quantities listed in the Schedule of Prices is correct. See attached
revised page 9 Scope of Services.
Q2: Can I propose gas carts for the Arboretum Golf Course?
A2: No, the Village may consider this at a later date, however in order to compare all
proposals equally and fairly, please provide information and pricing on the requested
items.
Q3: Why did the village use EZGO TxT specifications and not just use generic golf car specs as
many municipalities have done in recent bids?
A3: The Village chose to use a brand name (or equivalent) specification method for this
procurement. As noted in the RFP, the Village is open to, and will accept an
approved equal brand of cart. Please provide specifications for each brand of cart you
are proposing.
Packet Pg.414
1, A, G,", E]
I T F L (I V �
. .............. .
Q4: on page 10 — second paragraph "a new fleet of golf carts, personnel carriers and utility
vehicles will be provided for the three year or 4 year lease terms every three (3) years of the
contract term." I'm not sure I understand that considering the village is only requesting a
proposal for 3 or 4 years
A4: For the duration of the lease, new carts shall be provided every three years. To be
clear, if the Village were to enter into a contract the carts would remain the same for
the 2018, 2019, and 2020 seasons. The carts would be replaced for the 2021 season.
Please also note the revised lease extension language on page 9.(attached)
Q5: Both the Arboretum and Buffalo Grove courses are each to receive a range picker, utility
car, 4 passenger and a 6 passenger car along with their respective fleet cars?
A5: Please provide pricing based upon the Estimated Quantities shown in the Schedule
of prices.
PROSPEX-TIVE BIDDERS ARI,"TOACKNOWLEDGE Rj-,1'C'F1fPT OF ADDENDUM #1 BY
INCLUDINGTH1S ADDENDUM IN YOUR PROPOSAL
IC 1*lV BID"A' - , - . )- % —W PROS]1111� I ]
SIGNED: _NN--DATE:
I Packet Pg. 125 1
9.B,d
SCOPE OF SERVICES
OVERVIEW
GOLF CART LEASE
GENERAL:
VoBG-2017-22
The Village of Buffalo Grove ("Village") is seeking proposals from qualified Contractors to provide leased
golf carts at the Village of Buffalo Grove Golf Course located at 48 Raupp Blvd., Buffalo Grove IL 60089
and the Arboretum Golf Course located at 401 Half Day Road Buffalo Grove, IL 60089. The following list
of conditions and requirements should be included in the Request for Proposal package. In addition,
these conditions and requirements shall also be a part of the final lease agreement:
The Contractor will provide long and short-term rental of golf carts, personnel carriers and utility
vehicles, electric and gasoline powered, to be used at various department facilities. The services to be
provided by the successful contractor include, but are not limited to, furnishing of rental golf cars,
personnel carriers, and utility vehicles, electric and gasoline powered, on a long and short term basis,
provide all repairs, warranty and/or non -warranty, to include all parts and labor to effect the repairs and
transportation of the unit to and from the repair facility.
The Contractor shall provide, for demonstration purposes only, one gas golf cart and one electric golf
cart to the Village upon notification of selection as a finalist during the review portion of this RFP.
The Village will consider two lease options:
Three (3) year lease commencing on February 1, 2018 and ending January 31, 2021 with two (2)
possible three (3) year extensions;
Four (4) year lease commencing on February 1, 2018 and ending January 31, 2022 with two (2)
possible four (4) year extensions;
The Contractor shall submit their proposal on a fixed rate per cart basis for both the three and four year
lease.
Contractor agrees to furnish the Village sixty five (65) new two passenger, four wheel gas golf carts to be
delivered to the Buffalo Grove Golf Course no later than February 1, 2018 and eighty (80) new two
passenger, four wheel electric golf carts with chargers to be delivered to the Arboretum Golf Club no
later than February 1, 2018.
Io101/1.
Packet Pg. 126
VoBG-2017-22
Firm ru,e tirl"writ
R'mpp G'flvd'
lmfi'do Umw' 11
'ho1w 84 4Y) 2")"
4',,�a /906 Golf Cart Lease
ADDENDUM #2
TO: Prospective Bidders and Other Interested Parties
FROM: Village of Buffalo Grove Finance Department
ISSUE DATE: October 2, 2017
SUBJECT: ADDENIXJM #2
Note: TH.s Addendum is hereby declared a part of the original proposal documents
and in case of conflict, the provisions in the following Addendum shall
govern.
........... . ......... - ... . ............
'11-le following changes and clarifications shall be made to the Bid Docurnents for the Golf Cart
Lease project.
Ql: Your specs for both the gas and electric cars do not include the weather/Club Protector.
Should a club protector be added to the fleet cars?
Al: Yes, please add rain protectors on both the electric and gas carts.
PROSPECTIVE BIDDERS ARE TO ACKNOWLEDGE RECEIP-f 01-,'ADDENDUM #1 BY
INCLUDING THIS ADDENDUM IN YOUR PROPOSAL.
Pltolsllf�.'(ITIV -11' BIDDF
SIGNED: --- — ----------- DATE:
01
I Packet Pg. 127 1
Action Item : Authorization for the Village Manager to Enter into a
Collective Bargaining Agreement with Metropolitan Alliance of
Police, Police Patrol Officer Chapter #672
Recommendation of Action pp
,,,,,,,,,,,,...,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,
Siaff recommends approval.
Staff recommends approval, subject to final review and approval of labor counsel for the Village and the
Union.
ATTACHMENTS:
• 2017 Summary of Changes CBA with MAP (DOCX)
• 12.14.17 MAP TA to Board —Clean Copy (DOCX)
• 12.14.17 MAP TA to Board (PDF)
Trustee Liaison
Smith
Monday, December 18, 2017
Staff Contact
Jenny Maltas, Office of the Village Manager
Updated: 12/15/2017 3:58 PM
Page 1
Packet Pg. 128
11.A.a
December 15, 2017
Agreement Between
The Village of Buffalo Grove and the Metropolitan Alliance of Police Buffalo Grove Police
Patrol Officer Chapter #672
Summary of Changes
1. Two Year Agreement: January 1, 2017 through December 31, 2018.
2. Section 4.5 — Return to Work after Illness/Injury: Clarifying language that indicates a
Duty Status Report is required to be filled out by the employee's physician before
returning to work after 3 or more consecutive shifts.
3. Section 4.10 — Officer Involved Shootings: The State of Illinois passed a new law
requiring drug and alcohol testing for an officer if they are involved in a shooting. The
parties have agreed to bargain on the process of testing.
4. Section 6.1 — Salaries: Wages for 2017 and 2018 have been agreed to. Top base pay after
the 7t" year of employment for a Police Officer beginning January 1, 2018 is now
$102,063.52. The salaries were determined by the existing wage formula.
5. Section 6.7 — 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. The changes include the elimination of PPOB, the
addition of a vision plan, and a one year flexible savings account incentive to members of
the bargaining unit.
6. Section 10.1 — Discipline and Discharge Investigations: Clarification to the section was
made to indicate that members of the bargaining unit are entitled to union representation.
This is consistent with State law.
Packet Pg. 129
11.A.b
AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
THE METROPOLITAN ALLIANCE OF POLICE
BUFFALO GROVE
POLICE PATROL OFFICER CHAPTER # 6721
January 1, 2017 THROUGH December 31, 2018
Packet Pg. 130
11.A.b
TABLE OF CONTENTS
ARTICLEI.................................................................................................................................... 3
Section1.1 Recognition................................................................................................ 3
Section 1.2 Non-Discrimination................................................................................... 3
Section1.3 Gender........................................................................................................ 3
Section1.4 Chief...........................................................................................................3
►11ItaNcol 11a1 �!
Section 2.1 Bulletin Board/Posting of Materials........................................................ 4
ARTICLEIII................................................................................................................................. 4
Section3.1 Management Rights.................................................................................. 4
Section 3.2 Contracting Out........................................................................................ 4
Section 3.3 Precedence of Agreement......................................................................... 5
ARTICLEIV................................................................................................................................. 5
Section 4.1
Safety Committee...................................................................................... 5
Section 4.2
General Orders/Guidelines Task Force Committee .............................. 5
Section 4.3
Labor -Management Committee.............................................................. 5
Section 4.4
Promulgation of New or Revised Rules .................................................. 6
Section 4.5
Return to Work After Illness/Injury....................................................... 6
Section 4.6
Drug and Alcohol Testing Policy............................................................. 7
Section 4.7
Performance Evaluation Plan.................................................................. 7
Section 4.8
Secondary Employment............................................................................ 8
Section 4.9
Safe Driving Incentive.............................................................................. 8
ARTICLEV.................................................................................................................................. 9
Section5.1 No Smoking................................................................................................ 9
Section5.2 Residency................................................................................................... 9
ARTICLEVI................................................................................................................................. 9
Section6.1
Salaries....................................................................................................... 9
Section6.2
Specialty Pay............................................................................................10
Section 6.3
Hours of Work and Overtime................................................................11
Section 6.4
Training Overtime..................................................................................
12
Section6.5
Longevity.................................................................................................13
Section 6.6
Call Backs & Court Time.......................................................................
13
Section 6.7
Health, Dental, Vision & Life Benefits ..................................................
13
Section 6.8
Attendance at Grievance Meetings........................................................15
Section 6.9
Uniform Allowance/Maintenance..........................................................16
ARTICLEVII............................................................................................................................. 16
Section7.1
Holidays...................................................................................................16
Section7.2
Sick Leave................................................................................................16
Section7.3
When Taken............................................................................................17
Section7.4
Accrual.....................................................................................................17
1
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11.A.b
Section7.5 Accrued Sick Leave.................................................................................17
Section7.6 Light Duty................................................................................................19
Section7.7 Vacation................................................................................................... 20
Section 7.8 Shifts or Watches.................................................................................... 21
Section 7.9 Work Schedules....................................................................................... 22
Section 7.10 Changing Days Off.................................................................................. 23
Section 7.11 Breaks and Lunches................................................................................ 23
ARTICLEVIII............................................................................................................................ 23
Section 8.1
Grievance - Definition.............................................................................
23
Section8.2
Procedure.................................................................................................
23
Section 8.3
Arbitration...............................................................................................
24
Section 8.4
Limitations On Authority of Arbitrator ...............................................
25
Section 8.5
Time Limit For Filing.............................................................................
25
Section 8.6
Miscellaneous...........................................................................................
26
ARTICLEIX............................................................................................................................... 26
Section9.1 No Strike.................................................................................................. 26
Section9.2 No Lockout.............................................................................................. 26
ARTICLEX................................................................................................................................ 26
Section 10.1 Discipline and Discharge/Investigations............................................... 26
ARTICLEXI............................................................................................................................... 28
Section 11.1 Dues Deductions...................................................................................... 28
Section11.2 Fair Share................................................................................................ 28
Section 11.3 Chapter Indemnification........................................................................ 29
ARTICLEXII............................................................................................................................. 29
Section 12.1
Definition of Seniority.............................................................................
29
Section 12.2
Probationary Period...............................................................................
29
Section 12.3
Seniority List...........................................................................................
29
Section12.4
Layoff.......................................................................................................30
Section12.5
Recall........................................................................................................
30
Section 12.6
Termination of Seniority........................................................................
30
Section 12.7
Benefits During Layoff...........................................................................
31
ARTICLEXIII............................................................................................................................ 31
Section 13.1 Savings Clause.
.31
ARTICLEXIV............................................................................................................................ 32
Section14.1 Duration of Agreement........................................................................... 32
2
Packet Pg. 132
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 Metropolitan Alliance of Police Buffalo
Grove Patrol Officers Chapter #672, (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.
Now, therefore, the parties agree as follows:
ARTICLE I
Section 1.1 Recognition
The Village recognizes the Union as the sole and exclusive bargaining representative for
all sworn police officers employed full time by the Village of Buffalo Grove in the
classifications below the rank of Sergeant, but excluding the ranks of Sergeant and above along
with all managerial, supervisory, confidential, part time or temporary employees, civilian
employees, and other employees of the Department and the Village.
Section 1.2 Non -Discrimination
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.
Section 1.3 Gender
In this Agreement the words "he," "his," and "him," shall connote both masculine and
feminine genders.
Section 1.4 Chief
References in this Agreement to "Chief' include the Police Chief and his designee(s).
The Chief will give the Union notice of any person serving as a "designee" and for what
purposes that person will serve as a designee.
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ARTICLE II
Section 2.1 Bulletin Board/Posting of Materials
The Village will allow the Union to place a bulletin board in the police station for the
posting of official Union notices of a non -partisan, non -offensive (based on legally protected
category), and non -derogatory nature. A copy of all postings will be provided to the Chief in
advance to ensure compliance with this provision.
ARTICLE III
Section 3.1 Management Rights
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 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 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 those provisions covered under the Village of Buffalo Grove Personnel Rules; to
evaluate employees; to discipline, suspend, and discharge employees for just cause in accordance
with applicable Rules, Regulations, and Laws; 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.
Section 3.2 Contracting Out
If subcontracting is a factor in the decision not to hire additional Village employees
and/or a decision to lay off any existing employees as sworn police officers, the Village will give
the Union at least ninety (90) days' advance notice of the effective date of the decision. The
Village will bargain over the impact and effects of the issue with the Union as required by law.
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Section 3.3 Precedence of Agreement
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 will take
precedence during the term of this Agreement. The only exception is if required by law.
ARTICLE IV
Section 4.1 Safety Committee
The Village and the Union recognize the importance of maintaining a Village -wide
Safety Committee where the Union is able to address safety issues within the Department and to
promote the safety, welfare and physical well-being of all Police Department personnel.
Section 4.2 General Orders/Guidelines Task Force
Committee
Effective with this Agreement, The Police Chief may establish a General Order (GO)
Task Force. The purpose of this Task Force will be to complete the review of the current GO
manual.
The GO Task Force also has the responsibility to make any recommendations to the
Police Chief for changes in the GO manuals as necessary but is only in the form of
recommendations and may or may not be accepted by the Police Chief. Once this is complete,
the task force will remain idle until such time the Police Chief deems it necessary to activate
them for the purpose of a particular GO review. At no time will the GO Task Force be charged
with the review or consideration of GO's that involve mandatory subjects of bargaining.
Section 4.3 Labor -Management Committee
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 infonnation, 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 -- Police Chief, Deputy Chief, Commanders, Village Manager, and
Director of Human Resources.
For the Union -- Union President, Vice President, Sergeant at Arms, and three Shift
Stewards (or other Union designees).
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
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during work hours of an employee, such designated committee members shall be released from
duty to attend such meeting without loss of pay.
Section 4.4 Promulgation of New or Revised Rules
The Police Department agrees to notify the Union in advance of promulgating or
implementing any new or revised rules and regulations or Board of Fire and Police
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 bargain over the impacts and effects of the proposed change. If not
objected to within thirty (30) days of the Union having written notice of changes to rules or
regulations, those particular changes will be deemed to be reasonable.
Section 4.5 Return to Work After Illness/Injury
All employees returning to work after injury or illness situations, whether they are duty
or non -duty related for a period of three (3) or more consecutive shifts, must present a Duty
Status Report from his/her physician before returning to work. It is the responsibility of the
employee to deliver the Duty Status Report directly to the treating physician. If an employee is
hospitalized, the employee (or designee if incapacitated) should notify the Chief of Police
immediately.
Any employee who receives a prescription for a controlled substance must report this fact
to their supervisor and the Chief of Police if used or under the influence of the prescription
during working time.
If there is any question concerning a police officer's fitness for duty, or fitness to return
to duty following a layoff, illness or injury, the Village may require, at the Village's expense,
that a police officer be examined by a qualified physician and/or other appropriate medical
professional selected by the Village to determine if the officer can safely perform all of his/her
essential job functions (either with or without a reasonable accommodation, if disabled). The
foregoing requirement shall be in addition to any requirement, pursuant to the terms of this
Agreement that a police officer provides a written statement from his own doctor upon returning
to work from sick or injury leave. If the Village's examining physician/medical professional
determines that a police officer is not fit for duty after receiving the result of any examination or
test, the Village may direct appropriate remedial action and/or place the officer on sick leave, or
unpaid leave if the officer does not have any unused sick leave time, or paid administrative leave
if appropriate.
If the officer disagrees with the Village's examining physician/medical professional's
determination, that officer may, at his own expense, provide the opinion of a physician/medical
professional of his/her choosing. Should the employee's physician/medical professional disagree
with the Village's physician/medical professional, and the Village refuses to adopt the findings
made by the employee's physician/medical professional, the Union and Village will jointly select
a physician whose decision will be determinative of the matter. If the employee is returned to
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duty based upon the employee's, and/or jointly selected, physician/medical professional, the
employee will be made whole for any and all time on leave that was unpaid.
Section 4.6 Drug and Alcohol Testing Policy
The Parties agree to establish a committee comprised of an equal number of bargaining
unit members and management for the purpose of attempting to simplify the language of the
existing drug/alcohol policy applicable to all Village employees. The parties intend that the
concepts in the existing policy will remain in effect but nothing in this Section will require either
party to agree to any proposal or concession relative to this Policy. Until and unless a revised
policy is agreed upon by this committee and ratified by authorized representatives of both
parties, the Village's existing Ding and Alcohol policy will remain in effect.
Section 4.7 Performance Evaluation Plan
The Village and Union recognize that the Performance Evaluation Plan is a vehicle
intended to measure and evaluate on-the-job performance. For the purpose of annual evaluations,
each employee will be required to provide an annual milestone/recap statement of his individual
performance forty-five (45) days prior to May/June evaluation period (with issuance of the
evaluation during July). The employee shall receive a final copy of the evaluation no more than
45 days after the evaluation is issued in July.
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 Unit Supervisor (e.g., Lieutenant
or Commander) review the evaluation. If at that step the employee's disagreement is not resolved
the employee may then appeal to the Police 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.
If the Village changes the tool used to measure or evaluate performance, the Village will:
(a) provide the Union with thirty (30) days' prior notice before implementation, and (b) when
required by law, provide the Union an opportunity to bargain over the impacts and effects of the
change(s) prior to implementation.
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The Union agrees that its membership is committed to excellence in carrying out the
duties and mission of the police department and the Union executive board agrees it has a duty to
address substandard performance among its members.
Finally, the parties agree to meet and discuss in good faith the concept and parameters of
a "pay for performance" evaluation program in the event such a program is adopted and
implemented for non -represented employees of the Village. Nothing in this final paragraph of
Section 4.7 will require either party to agree to any concession or improvement relative to this
issue.
Section 4.8 Secondary Employment
Employees may engage in Extra -Duty or other secondary employment which has been
authorized by the Chief. The Chief may deny or cancel permission for an employee's Extra
Duty Assignment; but, such denial or cancellation will not be arbitrary or capricious. On an
annual basis, employees who perform outside employment pursuant to this Section must submit
and comply with the terms of the Department's Secondary Employment Approval and
Notification Form and the Village's Secondary Employment Indemnity Agreement (where
applicable for Extra Duty Assignments), as set forth in Appendix B.
Employees who are employed by another municipal police department, municipal law
enforcement agency or other public or private employer, where personnel function as a police
officer or have law enforcement responsibilities as part of their secondary employment, are
considered to be involved in "Extra Duty" secondary employment activities. Those employees
also agree that: (a) scheduled Extra Duty time will be submitted for approval by the Chief
monthly on the first duty day of each month (changes that occur after that will be submitted
through Chief); (b) the employee's schedule is subject to approval of the Chief to ensure that it
does not interfere with the operations of the Village or the Department; (c) employees will
comply with the applicable rules and policies governing consecutive hours worked; and
(d) employee must have a minimum of eight (8) consecutive hours of documented time off prior
to reporting for any shift assignment, overtime or any other special duty for the Department.
Section 4.9 Safe Driving Incentive
Any member who is not involved in an on -duty, chargeable traffic crash for a twenty four
(24) month consecutive period shall be granted eight (8) hours of compensatory time added to
their bank annually.
Section 4.10 Officer Involved Shootings
It is the Policy of the Village to comply with Public Act 100-0389, which amends the Police and
Community Relations Improvement Act. The Parties agree to continue negotiations to bargain
the impact of this Policy.
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ARTICLE V
Section 5.1 No Smoking
Employees covered under this Agreement shall restrict their smoking to the designated
smoking areas and refrain from smoking in Village vehicles, in accordance with state law,
Village ordinance, and all applicable General Orders.
Section 5.2 Residency
There will be no residency requirements for employees covered under this Agreement
during the term of this Agreement.
ARTICLE VI
Section 6.1 Salaries
Salary Schedule — January 1, 2017 to December 31, 2017
Sten Plan Illustration: Police Patrol Officer — Effective: January 1. 2017
Starting pay:
$67,468.96 (Step 275)
Pay after first complete year of employment:
$71,273.28 (Step 286)
Pay after second complete year of employment:
$75,291.84 (Step 297)
Pay after third complete year of employment:
$79,539.20 (Step 308)
Pay after fourth complete year of employment:
$84,023.68 (Step 319)
Pay after fifth complete year of employment:
$88,759.84 (Step 330)
Pay after sixth complete year of employment:
$93,766.40 (Step 341)
Pay after seven or more complete year of employment:
$99,550.88 (Step 353)
Sten Plan Illustration: Police Patrol Officer — Effective: J
Starting pay:
Pay after first complete year of employment:
Pay after second complete year of employment:
Pay after third complete year of employment:
Pay after fourth complete year of employment:
Pay after fifth complete year of employment:
Pay after sixth complete year of employment:
Pay after seven or more complete year of employment
1. 2018:
$69, 170.40 (Step 280)
$73,072.48 (Step 291)
$77,192.96 (Step 302)
$81, 546.40 (Step 313)
$86,145.28 (Step 324)
$91, 002.08 (Step 335)
$96,135.52 (Step 346)
$102, 063.52 (Step 358)
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For purposes of establishing raises for this Agreement only, the following formula will be
used to determine wage increases: effective January 1, 2017, the parties agree to place the
maximum base pay for police officers at the one-half percent ('/2%) step (per the Village's
established step plan) above the third highest paid agreed upon comparable community prior to
the Village's position being included, for future comparable studies. For purposes of
determining the salaries of job titles within the bargaining unit, for the duration of this
Agreement, longevity pay (based on officers with at least fifteen (15) years of completed service)
and applicable stipends shall be added to the base salaries of all comparables, as well as those of
the Village. Only stipends that are given to all officers with at least fifteen (15) years of
experience shall be applied in the formula.
For the purpose of determining the general wage increase of comparable communities
who have not yet resolved their January 1 to December 31, 2018 wages, the parties shall
calculate and apply the average of the actual general wage increase and above referenced
stipends granted by the comparable communities from January 1, 2018 to December 31, 2018.
This same process will be used for communities who have not resolved wages for years prior to
2018.
The parties agree the following communities (listed in alphabetical order; not the order to
be used in the formula) will be used in the formula referenced in this Section:
1.
Elk Grove Village
2.
Glenview
3.
Gurnee
4.
Highland Park
5.
Hoffman Estates
6.
Morton Grove
7.
Mt. Prospect
8.
Mundelein
9.
Niles
10.
Northbrook
11.
Park Ridge
12.
Rolling Meadows
13.
Wheeling
14.
Wilmette
Section 6.2 Specialty Pay
In addition to the annual wages, employees who are serving in the following specialties
shall receive specialty pay in the prescribed amounts listed below:
Evidence Technician Evidence Technicians shall receive an additional eight and a half
(8.5) hours of pay on a quarterly basis for a total of thirty-four (34)
hours annually.
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Field Training Officers Officers assigned to perform FTO duties shall be paid $5.00 per hour
for all time that duty is performed in addition to their regular salary.
Officer -In- Charge Officers assigned to Watch Commander or Field Supervisor duties
shall be paid $1.50 per hour for all time that duty is performed in
addition to their regular salary. This responsibility shall first be
offered to those officers assigned as corporals prior to being offered
to other officers.
Canine Handler To compensate for at home grooming, feeding, and training of the
canine, the handler will be credited for working thirty (30) minutes
of canine care time for each full duty day.
On the Canine Handler's days off, or approved leave request, the
handler will be compensated one (1) hour for each day to properly
train, feed, and groom the canine, unless the canine is boarded. This
compensation (on day off) shall be at time and one-half and be paid
in the form of overtime or compensatory time, at the discretion of
the Department. Canine Handlers will be allowed to accrue four
hundred eighty (480) hours of compensatory time.
Night Officers Officers assigned to the night shift shall receive an additional eight
and a half (8.5) hours of pay on a quarterly basis for a total of thirty-
four (34) hours per year. Officers will be paid an additional $1.00
per hour worked on the night shift.
Investigators Officers assigned as Investigators shall receive an additional eight
(8) hours of pay on a quarterly basis for a total of thirty-two (32)
hours per year.
NIPAS Assignment Officers assigned to the Mobile Field Force & EST will be allowed
to accrue four hundred eighty (480) hours of compensatory time.
Traffic Division Officers assigned to the Traffic Division (including the full
time Truck Enforcement officer) shall receive an additional
eight (8) hours of pay on a quarterly basis for a total of
thirty-two (32) hours per year. All officers shall
attain/maintain the appropriate certification(s) throughout the
quarter to be eligible for this stipend.
Section 6.3 Hours of Work and Overtime
A. Overtime hours shall be paid at one and one-half (1.5) 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: (Annual Rate / 2080 X 1.5)
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B. Employees will be compensated at the one and one half (1.5) time rate when required to
work any time outside of their regularly scheduled shift unless otherwise stated in this
Agreement.
C. Hire backs for any actual contractually designated Holiday on list indicated at Section 7.1
(not observed) shall be paid at two (2) times the employee's regular straight -time hourly
rate of pay.
D. In addition to the provisions described above, employees shall be paid one and one-half
(1.5) the employee's regular straight time hourly rate of pay for regularly scheduled hours
of work which are actually worked in excess of one hundred and seventy-one (171) hours
in the employee's normal twenty eight (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).
E. In lieu of overtime payment(s), employees may elect to be granted compensatory time
off. Such compensatory time may be accumulated to a maximum of one hundred twenty
(120) hours. Once an employee reaches the maximum amount of compensatory time, all
overtime will be paid at the one and one half (1.5) time rate. Employees may submit
requests for compensatory time off at their discretion.
F. Hours worked for purposes of calculating eligibility for overtime includes actual hours
worked, sick time, vacation time, compensatory time, personal holidays, and all other
paid benefit time.
G. Compensatory time banks will not be allowed to have a deficit balance.
H. Compensation shall not be paid or earned (or compensatory time accrued) more than
once for the same hours under any provision of this Agreement. The intent of this
paragraph is not to prevent an officer from working overtime while on scheduled
vacation or other approved benefit time off. As an example, however, an on -duty officer
may not utilize benefit time during the shift to qualify as off -duty for purposes of
collecting court time. At the same time, if an employee works he will not lose any
benefit time that he was approved to use during those hours worked.
Section 6.4 Training Overtime
A. Employees attending shift or proficiency training during the employee's off duty hours
will be credited with no less than three (3) hours of overtime, unless their activities are an
actual extension of their tour of duty.
B. Employees attending a full day of training (e.g., NEMRT, NIPAS) will have their
schedule adjusted and will be placed on a training day for this purpose. The employee
normally will receive an alternate full day off on a day that is selected by the employee
with approval of the supervisor (which approval will not be unreasonably withheld) on a
day that falls prior to the end of the next pay period.
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C. If the alternate day cannot be scheduled pursuant to Section 6.4(B) above, the employee
will receive overtime compensation for the training time up to a maximum of eight (8)
hours.
Section 6.5 Longevity
Employees shall be eligible for longevity pay beginning with the fifth (5th) 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
Section 6.6 Call Backs & Court Time
In order to allow for an equitable distribution of call backs amongst the members, a call
back list shall be maintained by each patrol shift. At the beginning of each year, all members on
the shift shall be placed on a list in order of Department seniority. When the Department has at
least twenty four (24) hours' notice of the need to fill a position, members shall be contacted in
the order of the list, once a member accepts a call back, they shall rotate to the bottom of the call
back list. The call back list shall be exclusive of court time requirements. All call backs shall be
paid at the applicable overtime rate for a minimum of two (2) hours.
Any officer who is required to attend court off duty shall be compensated a minimum of
three (3) hours at the overtime rate.
When there is less than twenty four (24) hours' notice to the Department of the need to
fill a position, whenever practicable, shift overtime will be scheduled on a voluntary basis,
offered first to those working (on a seniority basis) when the overtime vacancy occurs. If the
shift overtime is not filled it shall be offered then to those employees (currently off duty) on a
seniority basis. If forced shift overtime becomes necessary, an employee (on inverse seniority
basis) who is working shall be ordered to stay to fill the vacancy for all or part of the shift as
deemed appropriate by the Chief (or designee).
Section 6.7 Health, Dental, Vision & Life Benefits
The Village shall grant employees covered by this Agreement, except as specifically and
expressly limited by this Agreement:
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Health Insurance Benefits:
1. Eligible employees who elect Health Insurance coverage for the Employee
(and/or any eligible dependents) will continue to pay a premium contribution
amount equal to fifteen percent (15%) of the premium costs for that class of
coverage.
2. There will not be any financial contribution required for eligible employees to
participate in the dental or vision component of the group health insurance
program.
3. The Village will maintain the structure of the plans. However, the parties agree
the PPO B plan will no longer be available effective January 1, 2018.
4. 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.
5. 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 Union, in writing, of any proposed changes in
the basic level of coverage and/or benefits. Subject to the terms of this
Agreement, and only if the plan is substantially similar to the benefits currently
received, the Village may include covered members in the same plan as other
Village employees.
Dental Insurance Benefits:
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 the employee and any eligible dependents who are covered.
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 any eligible dependents who are covered.
Terms of Policies to Govern:
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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 as of 2017
The Village will provide group Term life insurance to the employee at no cost to the
employee with a benefit equal to the employee's annual base salary (per 6.1).
Employer Incentive Amounts:
For any eligible participant moving from PPO (A or B) to the new Proposed PPO
in 2018, the following "incentive" amount(s) will be awarded:
2018
Family: $500
Single+ 1: $250
Single: $125
2. For any eligible employee moving from PPO (A or B) to HMO or remaining in
HMO in 2018, the following "incentive" amount(s) will be awarded:
2018
Family: $1,000
Single +1: $500
Single: $250
The "incentive" will be deposited into the employees FSA account, not paid via payroll. For any
amounts above $500, $500 will be deposited into the employee's FSA account and the remaining
$500 will be used to reduce the employee's premium contribution over a 12 month period.
Section 6.8 Attendance at Grievance Meetings
Members will be granted leave to attend meetings, hearings, arbitrations, or matters
pending before a tribunal when that tribunal compels a member's attendance. Such leave will be
granted without loss of pay or benefits. Employees subpoenaed by management to attend a
grievance meeting or arbitration hearing will be compensated at their applicable rate if the
hearing is scheduled during the employee's off -duty hours. On -duty personnel who are not
serving as a Union representative or technical assistant will only be given leave for the period of
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time necessary for them to travel and testify on the day in question. The Union will not abuse
this right.
Section 6.9 Uniform Allowance/Maintenance
Officers covered by this agreement shall receive a uniform allowance (which includes the
costs of maintenance and cleaning) of One Thousand Dollars ($1,000) (pre-tax) annually. The
allowance is provided for the replacement or repair of uniform clothing and personal equipment
used in the course of their duties. No uniform allowance will be paid until the completion of one
year of service. All uniform allowance payouts will be on the first pay period of the next fiscal
year. (For example, an officer hired in May 2016 will receive his/her first uniform allowance
payment in January 2018.) Any members hired after the first pay period in January 2017 will not
receive the 2018 stipend, but all other members will receive the stipend upon ratification, if they
have not already received it.
ARTICLE VII
Section 7.1 Holidays
The Village shall observe the following holidays annually:
New Year's Day Martin Luther King, Jr. Day President's Day
Memorial Day Independence Day Labor Day
Thanksgiving Day Day after Thanksgiving Christmas Eve
Christmas
All members assigned to patrol or traffic shall be paid the regular hourly rate of pay for
eight (8) hours for each observed holiday. All other employees who are not assigned to patrol or
traffic shall receive their normal compensation for time off work on Village observed holidays if
the employee normally would be scheduled to work on that observed holiday. All members
assigned to patrol or traffic who work on the observed holiday shall be compensated at their
normal rate. Employees called in to work on an actual holiday, when not scheduled to do so,
will be paid pursuant to Section 6.3C.
Without any loss of pay, members assigned to investigations will not normally be
scheduled to work on holidays. If the investigator is required to work on a holiday, the
investigator will receive pay pursuant to Section 6.3C. Employees shall receive one (1) floating
holiday per calendar year, said day to be scheduled so long as the selection of that shift does not
drop below the staffing levels designated by management.
Section 7.2 Sick Leave
Employees covered by this Agreement shall be allowed sick leave on the basis of the
following:
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a. Employees shall earn ten (10) days of sick leave with pay credit annually. This is
equivalent to eighty (80) hours annually.
b. Employees shall accrue sick leave at a rate of five sixths (5/6) of a day for each
full month of employment.
C. 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.
d. Sick leave shall not be accrued while on a discretionary personal leave of absence
(not required by law) without pay in excess of thirty (30) calendar days.
Section 7.3 When Taken
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, the birth of a new -born child, 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.
For the purposes of this Agreement, immediate family members shall include, husband,
wife, civil union partner, 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/civil union
partner.
When an employee finds it necessary to be absent for any of the reasons specified herein,
he shall report that he is using sick time to a supervisor. The employee is not required to give
any personal health information at this time. 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 lasting three (3) or more
consecutive shifts.
Section 7.4 Accrual
Employees may accumulate sick leave credit to a maximum of two thousand eighty
(2,080) hours.
Section 7.5 Accrued Sick Leave
Retiring employees are eligible to establish an employer sponsored Retiree Health
Savings (RHS) Plan. 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
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11.A.b
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.
Packet Pg. 148
11.A.b
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 1st 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 1st through December 31st), employees will convert up to
sixteen (16) hours of unused sick time for deposit into their Plan account; providing that they
have completed one (1) year of work with no absences. Eight (8) hours will be converted if only
one (1) sick day is used.
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 police department due to disability or death will receive the
value of their accrued sick leave under this plan as part of the RHS benefit.
Section 7.6 Light Duty
An employee who is eligible for injury or illness leave may be required and/or may
volunteer to work for an available, temporary light duty assignment that is consistent with
employee's medical restrictions. As a general rule, light duty work assignments will not exceed
sixty (60) calendar days except when work is available and constitutes a reasonable
accommodation for an employee with a disability. The actual length and type of light duty work
will be determined by the Police Chief in accordance with the business needs of the Village.
Light duty assignments may be terminated based upon a lack of performance in relation to the
assigned job or for other reasons deemed appropriate by the Chief.
These issues will be addressed on a case -by -case basis. Employees will only be required
to perform meaningful work, and will always be subject to the Police Department chain of
command. A police officer will not be subject to discipline by a person outside of the sworn
Police Department chain of command. Should an employee disagree with the directives given
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by a civilian, the employee may seek direction from his police supervisor who will resolve the
dispute. The Village will not assign an employee to work light duty when there is not a
legitimate business need to have such work performed.
Section 7.7 Vacation
Employees covered by the Agreement shall receive vacation leave credit according to the
following schedule:
(1) 1 st partial year and first full calendar year of service:
After 1 month
8 hours
After 2 months
16 hours
After 3 months
20 hrs
After 4 months
28 hrs
After 5 months
36 hrs
After 6 months
40 hrs
After 7 months
48 hrs
After 8 months
56 hrs
After 9 months
60 hrs
After 10 months
68 hrs
After 11 months
76 hrs
After 12 months
80 hrs
(2)
2nd full calendar year of service:
88 hrs
(3)
3rd full calendar year of service:
96 hrs
(4)
4th full calendar of service:
104 hrs
(5)
5th full calendar year of service:
112 hrs
(6)
6th-10 full calendar year of service:
120 his,
(7)
11th-14th full calendar year of service:
136 hrs
(8)
15th-19th full calendar year of service:
160 hrs
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(9) 20th — 24th full calendar year of service: 184 hrs
(10) 25th (and after) full calendar year of service: 200 hrs
B. Employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be
credited in advance to the employee at the beginning of the calendar year, effective with
the second (2nd) calendar year of service and shall be prorated based upon the number of
full months worked by the employee. Employees must complete six (6) months of
service before being entitled to take vacation leave, unless otherwise approved by the
Chief of Police and provided a loan agreement/vacation advance agreement is entered
into with the employee concerning the repayment of the time once earned. Vacation
leave shall not be accrued or earned while on leave of absence without pay.
C. Earned vacation days shall normally be taken within the year they are earned. A
maximum of forty (40) hours may be carried over to the next twelve (12) month period
with prior approval by the Chief or his designee. Any amount in excess of forty (40)
hours shall be forfeited unless specifically authorized by the Village Manager or his
designee up to a maximum of eighty (80) hours. All hours carried over must be used by
June 30 of the following year otherwise they will be forfeited.
D. Vacation leave schedules shall be approved by the Police Chief or his designee consistent
with the operational needs of the Police Department. Vacation requests will be accepted
for the upcoming year after the Shift bids are posted on November 15th. In the event of a
conflict between two (2) or more officers' request for vacation, seniority shall be the
determining factor until March 31st. As of April 1st, vacation shall be granted on a first
come, first serve basis.
E. Employees leaving the Police Department shall be compensated for vacation leave earned
and unused through the date of separation or resignation (regardless of reason). Annual
vacation leave entitlements at the time of separation or resignation shall be prorated
based on the time worked by the employee in the calendar year. Vacation leave in excess
of that earned will be deducted from the employee's final paycheck, subject to the
provisions of the Illinois Wage Payment and Collection Act. In the event of separation
due to death of the employee, compensation normally will be made to the employee's
beneficiary or estate as provided by law.
Section 7.8 Shifts or Watches
, The Buffalo Grove Police Department will maintain three (3) shifts or watches they are
Day Watch which is 0630 hours to 1500 hours,
Evening Watch which is 1430 hours to 2300 to hours, and
Night Watch which is 2230 hours to 0700 hours.
The Village shall maintain permanent shift assignments to staff each watch based upon
their seniority and assigned specialized duties (e.g. evidence technicians, FTO, etc.). Each
October 1 st, officers will bid for shifts for the upcoming calendar year. Final shift rosters for the
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upcoming year shall be posted no later than November 15th. Assignments to shifts will be
determined by the Police Chief, however final shift selection shall not be arbitrary or capricious
but rather based on the factors stated herein.
Probationary officers will be subject to rotating shifts in three (3) month intervals during
the six (6) month period after release from FTO training. The Employer agrees that this will not
result in reassignment of a senior officer during this six (6) month period.
Section 7.9 Work Schedules
The regular work schedule for members assigned to patrol shall consist of a rotation of
five (5) consecutive days on duty followed by two (2) consecutive days off duty, then five (5)
consecutive days on duty followed by three (3) consecutive days off duty. This schedule will
repeat itself. Each regular workday shall be eight and one half (8.5) hours in duration, including
thirty (30) minutes paid lunch and two (2) paid fifteen (15) minute work breaks with the officer
available to respond to an emergency if needed.
While it is understood that Patrol Officers work an eight and one half (8.5) hour day,
benefit time will be charged at an eight (8) hour rate.
The 5/2 — 5/3 schedule produces only two -thousand -sixty-eight (2,068) hours of work per
twelve (12) month period. Employees will not be required to pay back the twelve (12) hours
owed to the Village. It is understood that each employee will be assigned one (1) eight (8) hour
Administrative day (A -day) per year, to be scheduled during the annual Buffalo Grove Days
festival, a training day, Shift Proficiency Training, or during Range Days. If Buffalo Grove
Days, a training day(s), Shift Proficiency Training, or Range Day (s) falls(s) during the two (as
opposed to three) regular days off portion of the member's regular schedule, the A -day will be
worked at a mutually agreed upon time.
Officers assigned to the Traffic Unit shall report for duty for either of the following
shifts, unless the Traffic Sergeant designates a different forty (40) hour schedule based upon
legitimate business needs:
0600 through 1600
0900 through 1900
Officers assigned to the Field Operations Support Group shall work four (4) ten (10) hour
days Monday through Saturday. Officers working in this division may work five (5) eight (8)
hour shifts Monday through Saturday with the approval of their supervisor. Members working in
FOSG will be regularly assigned to a reoccurring ten (10) hour shift with a start time no later
than 1200 and no earlier than 0600. This member's regular schedule may be changed as long as
the affected member(s) receive seven (7) days' advance notice prior to the change (or as agreed
to otherwise).
The School Resource Officers and Police Liaison Officer will work five (5) eight (8) hour
days Monday through Friday when school is in session. Officers working in this division may
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11.A.b
work four (4) ten (10) hour days when school is not in session with the approval of their
supervisor.
Some emergency situations may require implementation of a modified work schedule and
changing assignments. In the event of such emergency, notice will be given to the union, along
with a good faith estimate of how long the modifications will be in place for. Modified work
schedules will not last any longer than thirty (30) days in a calendar year.
Section 7.10 Changing Days Off
Employees who wish to exchange days off of work for one another must work back for
the person with whom they exchanged the shift within the same work period of the same
calendar year, unless approved in advance by the officer's supervisor. All exchanges must be
documented in the remarks section of the Daily Attendance Record and approved in writing by
the officer's supervisor.
Section 7.11 Breaks and Lunches
All employees shall be entitled to a one half (1/2) hour lunch period and two (2) quarter
(1/4) hour break periods each shift subject to calls received and the needs of the Department.
ARTICLE VIII
Section 8.1 Grievance - Definition
A "grievance" is defined as a dispute or difference of opinion raised by an employee or
the Union against the Village involving an alleged violation of this Agreement. Such grievances
may be filed by the employee, or Union. The Union may file joint, group, or class action
grievances on behalf of two (2) or more employees, or the Union as whole.
Section 8.2 Procedure
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 grievance will be submitted in writing to the immediate supervisor specifically
indicating that the matter is a grievance under this Agreement. The grievance shall
contain a 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/or Union representative. All grievances must be
presented no later than ten (10) calendar days from the date of the discovery of the
matter giving rise to the grievance.
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11.A.b
The immediate supervisor shall render a written response to the grievant within ten
(10) calendar days.
STEP 2: If a grievance of a member is not settled at Step 1 and the Union or grievant wishes
to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted
by the Union in writing to a Lieutenant or Commander within ten (10) calendar
days after receipt of the Village's answer in Step 1. The Lieutenant or Commander
shall investigate the grievance and, in the course of such investigation, shall offer to
discuss the grievance within seven (7) calendar days with the grievant and the
Union. If no settlement of the grievance is reached, the Lieutenant or Commander
or his designee shall provide a written answer to the grievant and the Union within
seven (7) calendar days following the meeting.
STEP 3: If a grievance of a member is not settled at Step 2 and the Union or grievant wishes
to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted
by the Union in writing to the Police Chief within seven (7) calendar days after
receipt of the Village's answer in Step 2. The Police Chief (or designee) shall
investigate the grievance and, in the course of such investigation, shall offer to
discuss the grievance within seven (7) calendar days with the grievant and the
Union. If no settlement of the grievance is reached, the Police Chief or his
designee shall provide a written answer to the grievant and the Union within seven
(7) calendar days following the 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 seven (7) calendar days after receipt of the Village's
answer in Step 3. Thereafter, the Village Manager, or his designee, and other
appropriate individuals as desired by the Village Manager, shall meet with the
grievant and Union representative(s) within seven (7) 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 seven
(7) calendar days following the meeting.
Section 8.3 Arbitration
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 within
twenty-one (21) calendar days of receipt of the Village's answer as provided to the Union at Step
4. A grievance is deemed advanced to Arbitration when the Union provides written notice to the
Village Manager of its intent to have the matter resolved by an Arbitrator.
A. The parties shall jointly request the Federal Mediation and Conciliation Service to submit
a panel of seven (7) Arbitrators who maintain an office in Illinois, Wisconsin, Iowa, or
Indiana. Each party retains the right to reject one (1) panel in its entirety and request that
a new panel be submitted.
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11.A.b
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 alternately have the right to strike one (1) name from the panel. A coin toss
will determine which party will strike the first name; the other party shall then strike a
name. This process shall continue until one (1) person remains, this person shall be the
Arbitrator.
B. The Arbitrator shall be notified of his/her 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 witnesses at the hearing and the production of documents prior to hearing.
The Village and the Union retain the right to employ legal counsel at their own expense.
D. Unless otherwise agreed to by the parties, the Arbitrator shall submit his/her 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 (1) 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.
Section 8.4 Limitations On Authority of Arbitrator
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 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.
Section 8.5 Time Limit For Filing
No grievance shall be entertained or processed unless it is submitted at Step 1 within ten
(10) calendar days after the discovery of the event giving rise to the grievance. If a grievance is
not presented by the employee/Union 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 the Union or the
employee's right to file a future grievance involving similar facts and circumstances.
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11.A.b
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 withdrawn, provided, however, that
such settlement shall not serve to waive the Union's or 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 grievance will automatically be advanced to
the next step.
The parties may, by mutual written agreement, extend any of the time limits set forth in
this Article.
Section 8.6 Miscellaneous
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.
ARTICLE IX
Section 9.1 No Strike
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. Additionally, no employee
shall refuse to cross any picket line to perform his/her job duties, by whomever established.
Any or all employees who violate any of the provisions of this Article may be discharged
or otherwise disciplined by the Village. Nothing in this Article will limit the Employer's right to
legal or injunctive relief in the event of a violation of this Section.
Section 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 X
Section 10.1 Discipline and Discharge/Investigations
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 an appropriate penalty which include the following penalties:
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Packet Pg. 156
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Oral Reprimand;
Written Reprimand;
Suspension;
Removal of Corporal Status (if applicable); or
Termination.
Any disciplinary action or measure other than an oral and written reprimand imposed
upon an employee shall be subject to review and appeal as provided for in this Agreement. An
oral and written reprimands shall not be subject to arbitration or to review by the Board of Fire
and Police Commissioners. However, an employee is entitled to write a response to any oral or
written reprimand and that response will be attached to the corresponding discipline. The Union
shall have the right to file grievances concerning discipline covering suspension without pay,
removal of Corporal status (if applicable), and/or termination, or an employee 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 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 and Union. The Employer further agrees that disciplinary
actions will be imposed in a timely manner and shall comply with the "Uniform Peace
Officers' Disciplinary Act" (50 ILCS 725/1, et seq.).
B. Any employee found to be unjustly suspended or discharged will 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 discipline less than a suspension,
recorded in the employee's personnel files shall not be used after thirty-six (36) months
to justify subsequent disciplinary action, except for a related offense. Non -meritorious
disciplinary actions shall not be relied upon to substantiate or aggravate any subsequent
disciplinary action.
D. Employees shall be entitled to Union representation at all disciplinary investigatory
meetings, which the employee attends and are initiated by the Employer, and at any
meeting or interview which that employee reasonably believes could result in discipline.
E. Interrogations will be conducted in accordance with the Illinois Peace Officers'
Disciplinary Act.
F. Prior to the imposition of disciplinary action, the Union will be provided an opportunity
to review the surveillance (e.g. video, photos, audio, or other recorded medium) relevant
to the discipline if the surveillance evidence is both: (i) in the possession or control of
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11.A.b
the Employer and (ii) relied on by the Employer in making the discipline decision at
issue.
G. Prior to taking any final, disciplinary action and just prior to concluding its investigation,
the Village shall notify the employee and Union 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. The Union is
permitted to attend and participate in this meeting. Prior to the meeting the Village will
notify the Union and employee in writing of the contemplated discipline and the factual
basis for said contemplated discipline.
H. Personnel Files - The Employer agrees to comply with the Illinois Personnel Record
Review Act relative to providing the employee access to and copying (if requested) of the
employee's personnel file.
I. It is understood that the rights of officers herein shall not diminish the right and
privileges of officers that are guaranteed to all citizens by the Constitution and laws of
the United States and of the State of Illinois.
J. Reviews of decisions of the Board of Fire and Police Commissioners or of an arbitrator
under this section shall be as provided by law, based on the election of the hearing body.
ARTICLE XI
Section 11.1 Dues Deductions
Upon receipt of proper written authorization from an employee, the Employer shall
deduct each month's Chapter dues in the amount certified by the Treasurer of Chapter from the
pay of all officers covered by this Agreement who, in writing, authorize such deductions. Such
money shall be submitted to the Metropolitan Alliance of Police within fifteen (15) days after the
deductions have been made.
Section 11.2 Fair Share
During the term of this Agreement, employees who are not members of the Chapter shall,
commencing thirty (30) days after the effective date of this Agreement, pay a fair share fee to the
Chapter for the collective bargaining and contract administrative services tendered by the
Chapter as the exclusive representative of the employees covered by this Agreement. Such fair
share fee shall be deducted by the Employer from the earnings of non-members and remitted to
the Chapter each month. The Chapter shall annually submit to the Employer a list of employees
covered by this Agreement who are not members of the Chapter and an affidavit, which specifies
the amount of the fair share fee, which shall be determined in accordance with the applicable
law.
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Section 11.3 Chapter Indemnification
The Chapter shall indemnify, defend and hold harmless the Village and its officials,
representatives and agents against any and all claims, demands, suits or other forms of liability
(monetary or otherwise) and for all legal costs for counsel selected or approved by the Chapter
that shall arise out of or by reason of action taken or not taken by the Village in complying with
the provisions of this Article. If an improper deduction is made, the Chapter shall refund directly
to the employee(s) any such amount. The foregoing indemnification clause shall not require the
Chapter to indemnify or hold the Village harmless in the event the Village initiates a cause of
action against the Chapter.
ARTICLE XII
Section 12.1 Definition of Seniority
Departmental seniority shall be defined as the length of service from the last date of
beginning continuous full-time employment as a sworn Peace Officer in the Department and
uninterrupted by termination of employment. Conflicts of departmental seniority shall be
determined on the basis of the order of the officers on the Board of Fire and Police Commission
hiring list, with the officer 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.
Section 12.2 Probationary Period
All new employees and those rehired after termination of employment shall be
considered probationary employees until they complete a probationary period of eighteen (18)
months. 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 Police 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 eighteen (18) months of employment).
Section 12.3 Seniority List
The Village will provide the Union with a seniority list setting forth each employee's
seniority date on an annual basis within a reasonable period of time after the Union's written
request.
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Section 12.4 Layoff
Prior to any bargaining unit employees being laid off, all part-time employees with the
power to affect a lawful arrest, if any, responsible for performing duties/tasks performed by
members of the Union, will be laid off. Prior to any employees being laid off, the parties will
complete bargaining over the impacts and effects of such layoffs when required by law. Full
time 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 5/10-2.1-18 as amended
from time to time.
Section 12.5 Recall
Full time employees who are laid off shall be placed on a recall list. If there is a recall,
full time employees who are still on the recall list shall be recalled in the inverse order of their
layoff provided the employee is qualified to perform the available work.
Employees who are on the recall list shall be given 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 Police Chief or his designee of his intention to return to work within nine (9) 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 Police Chief or his designee with this latest mailing address. If an employee fails to
timely respond to a recall notice, his/her name shall be removed from the recall list.
Section 12.6 Termination of Seniority
Seniority and the employment relationship shall be terminated for all purposes, subject to
confirmation by the Village's Board of Police and Police Commission, if the employee:
A. quits;
B. is discharged;
C. retires (or is retired should the Village adopt and implement a legal mandatory retirement
age);
D. fails to report to work at the conclusion of an authorized leave or vacation;
E. is laid off and fails to notify the Police Chief or his designee of his intention to return to
work within the time period stated in this agreement;
F. is laid off for a period in excess of two (2) years; and/or
30
Packet Pg. 160
11.A.b
G. 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. Extensions will be
considered on a case -by -case basis to comply with the law (e.g. for a reasonable
accommodation to a disabled individual).
Section 12.7 Benefits During 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.
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.
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.
ARTICLE XIII
Section 13.1 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.
31
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11.A.b
ARTICLE XIV
Section 14.1 Duration of Agreement
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 31st day of December,
2018. It shall be automatically renewed from year to year thereafter unless either party shall
notify the other in writing at least ninety (90) calendar days prior to the December 31st
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) calendar days prior to the December 31 st
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) calendar 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 paragraph of this Section.
This Agreement executed by Ordinance on December_, 2017 by the Village
of Buffalo Grove Board of Trustees and signed by:
For the Village of Buffalo Grove For the Metropolitan Alliance of Police
Chapter # 672
Beverly Sussman, Village President
Dane C. Bragg, Village Manager
Mr. Keith R. George, President
Metropolitan Alliance of Police
Michael A. Martin, Chapter President
32
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AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
THE METROPOLITAN ALLIANCE OF POLICE
BUFFALO GROVE
POLICE PATROL OFFICER CHAPTER # 6729
January 1, 2017 THROUGH December 31, 2018
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TABLE OF CONTENTS
ARTICLEI.................................................................................................................................... 3
Section1.1
Recognition................................................................................................
3
Section1.2
Non-Discrimination...................................................................................
3
Section1.3
Gender........................................................................................................
3
Section1.4
Chief...........................................................................................................
3
ARTICLEII..................................................................................................................................
4
Section 2.1
Bulletin Board/Posting of Materials........................................................
4
ARTICLEIII.................................................................................................................................
4
Section3.1
Management Rights..................................................................................
4
Section3.2
Contracting Out........................................................................................
4
Section 3.3
Precedence of Agreement.........................................................................
5
ARTICLEIV.................................................................................................................................
5
Section4.1
Safety Committee......................................................................................
5
Section 4.2
General Orders/Guidelines Task Force Committee ..............................
5
Section4.3
Labor -Management Committee..............................................................
5
Section 4.4
Promulgation of New or Revised Rules ..................................................
6
Section 4.5
Return to Work After Illness/Injury.......................................................
6
Section 4.6
Drug and Alcohol Testing Policy.............................................................
7
Section4.7
Performance Evaluation Plan.................................................................. 7
Section 4.8
Secondary Employment............................................................................
8
Section4.9
Safe Driving Incentive..............................................................................
8
ARTICLEV..................................................................................................................................
9
Section5.1
No Smoking................................................................................................
9
Section5.2
Residency................................................................................................... 9
ARTICLEVI.................................................................................................................................
9
Section6.1
Salaries.......................................................................................................
9
Section6.2
Specialty Pay............................................................................................
11
Section 6.3
Hours of Work and Overtime................................................................
12
Section 6.4
Training Overtime..................................................................................13
Section6.5
Longevity.................................................................................................
13
Section 6.6
Call Backs & Court Time.......................................................................
13
Section 6.7
Health, Dental, Vision & Life Benefits ..................................................
14
Section 6.8
Attendance at Grievance Meetings........................................................
16
Section 6.9
Uniform Allowance/Maintenance..........................................................
16
ARTICLEVII.............................................................................................................................
16
Section7.1
Holidays...................................................................................................
16
Section7.2
Sick Leave................................................................................................
17
Section7.3
When Taken............................................................................................
17
Section7.4
Accrual.....................................................................................................
18
1
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Section 7.5
Accrued Sick Leave.................................................................................
18
Section7.6
Light Duty................................................................................................
20
Section7.7
Vacation...................................................................................................
20
Section 7.8
Shifts or Watches....................................................................................
22
Section7.9
Work Schedules.......................................................................................
22
Section 7.10
Changing Days Off..................................................................................
23
Section 7.11
Breaks and Lunches................................................................................
23
ARTICLEVIII............................................................................................................................ 23
Section 8.1
Grievance - Definition.............................................................................
23
Section8.2
Procedure.................................................................................................
24
Section 8.3
Arbitration...............................................................................................
25
Section 8.4
Limitations On Authority- of Arbitrator ...............................................
25
Section 8.5
Time Limit For Filing.............................................................................
26
Section8.6
Miscellaneous...........................................................................................
26
ARTICLEIX............................................................................................................................... 26
Section9.1 No Strike.................................................................................................. 26
Section9.2 No Lockout.............................................................................................. 27
ARTICLEX................................................................................................................................ 27
Section 10.1 Discipline and Discharge/Investigations
.. 27
ARTICLEXI............................................................................................................................... 28
Section 11.1 Dues Deductions...................................................................................... 28
Section11.2 Fair Share................................................................................................ 29
Section 11.3 Chapter Indemnification........................................................................ 29
ARTICLEXII............................................................................................................................. 29
Section 12.1
Definition of Seniority.............................................................................
29
Section 12.2
Probationary Period...............................................................................
29
Section12.3
Seniority List...........................................................................................
30
Section12.4
Layoff.......................................................................................................
30
Section12.5
Recall........................................................................................................
30
Section 12.6
Termination of Seniority........................................................................
30
Section 12.7
Benefits During Layoff...........................................................................
31
ARTICLEXlll............................................................................................................................ 31
Section13.1 Savings Clause......................................................................................... 31
ARTICLEXIV............................................................................................................................ 32
Section 14.1 Duration of Agreement........................................................................... 32
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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 Metropolitan Alliance of Police Buffalo
Grove Patrol Officers Chapter #672, (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.
Now, therefore, the parties agree as follows:
ARTICLE I
Section 1.1 Recognition
The Village recognizes the Union as the sole and exclusive bargaining representative for
all sworn police officers employed full time by the Village of Buffalo Grove in the
classifications below the rank of Sergeant, but excluding the ranks of Sergeant and above along
with all managerial, supervisory, confidential, part time or temporary employees, civilian
employees, and other employees of the Department and the Village.
Section 1.2 Non -Discrimination
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.
Section 1.3 Gender
In this Agreement the words "he," "his," and "him," shall connote both masculine and
feminine genders.
Section 1.4 Chief
References in this Agreement to "Chief' include the Police Chief and his designee(s).
The Chief will give the Union notice of any person serving as a "designee" and for what
purposes that person will serve as a designee.
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ARTICLE II
Section 2.1 Bulletin Board/Posting of Materials
The Village will allow the Union to place a bulletin board in the police station for the
posting of official Union notices of a non -partisan, non -offensive (based on legally protected
category), and non -derogatory nature. A copy of all postings will be provided to the Chief in
advance to ensure compliance with this provision.
ARTICLE III
Section 3.1 Management Rights
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 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 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 those provisions covered under the Village of Buffalo Grove Personnel Rules; to
evaluate employees; to discipline, suspend, and discharge employees for just cause in accordance
with applicable Rules, Regulations, and Laws; 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.
Section 3.2 Contracting Out
If subcontracting is a factor in the decision not to hire additional Village employees
and/or a decision to lay off any existing employees as sworn police officers, the Village will give
the Union at least ninety (90) days' advance notice of the effective date of the decision. The
Village will bargain over the impact and effects of the issue with the Union as required by law.
Packet Pg. 167
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Section 3.3 Precedence of Agreement
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 will take
precedence during the term of this Agreement. The only exception is if required by law.
ARTICLE IV
Section 4.1 Safety Committee
The Village and the Union recognize the importance of maintaining a Village -wide
Safety Committee where the Union is able to address safety issues within the Department and to
promote the safety, welfare and physical well-being of all Police Department personnel.
Section 4.2 General Orders/Guidelines Task Force
Committee
Effective with this Agreement, The Police Chief may establish a General Order (GO)
Task Force. The purpose of this Task Force will be to complete the review of the current GO
manual.
The GO Task Force also has the responsibility to make any recommendations to the
Police Chief for changes in the GO manuals as necessary but is only in the form of
recommendations and may or may not be accepted by the Police Chief. Once this is complete,
the task force will remain idle until such time the Police Chief deems it necessary to activate
them for the purpose of a particular GO review. At no time will the GO Task Force be charged
with the review or consideration of GO's that involve mandatory subjects of bargaining.
Section 4.3 Labor -Management Committee
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 -- Police Chief, Deputy Chief, Commanders, Village Manager, and
Director of Human Resources.
For the Union -- Union President, Vice President, Sergeant at ArmsSee etar3F, and three
Shift Stewards (or other Union designees).
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
Packet Pg. 168
11.A.c
during work hours of an employee, such designated committee members shall be released from
duty to attend such meeting without loss of pay.
Section 4.4 Promulgation of New or Revised Rules
The Police Department agrees to notify the Union in advance of promulgating or
implementing any new or revised rules and regulations or Board of Fire and Police
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 bargain over the impacts and effects of the proposed change. If not
objected to within thirty (30) days of the Union having written notice of changes to rules or
regulations, those particular changes will be deemed to be reasonable.
Section 4.5 Return to Work After Illness/Injury
All employees returning to work after injury or illness situations, whether they are duty
or non -duty related for a period of three (3) or more consecutive shifts, must present a Duty
Status —Re his/her
physician before returning to work. it is the responsibility of the emisloyee to deliver the Duty
Status Report directly to the treating -physician.
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r,l�rYee s 13 r¢sieian's ef€r, If an employee is hospitalized, the employee (or designee if
incapacitated) should notify the Chief of Police immediately. k�,arakIt fear
Any employee who receives a prescription for a controlled substance must report this fact
to their supervisor and the Chief of Police if used or under the influence of the prescription
during working time.
If there is any question concerning a police officer's fitness for duty, or fitness to return
to duty following a layoff, or illness or injury, the Village may require, at the Village's expense,
that a police officer be examined by a qualified physician and/or other appropriate medical
professional selected by the Village to determine if the officer can safely perform all of his/her
essential job functions (either with or without a reasonable accommodation, if disabled). The
foregoing requirement shall be in addition to any requirement, pursuant to the terms of this
Agreement that a police officer provides a written statement from his own doctor upon returning
to work from sick or injury leave. If the Village's examining physician/medical professional
determines that a police officer is not fit for duty after receiving the result of any examination or
test, the Village may direct appropriate remedial action and/or place the officer on sick leave, or
unpaid leave if the officer does not have any unused sick leave time, or paid administrative leave
if appropriate.
If the officer disagrees with the Village's examining physician/medical professional's
determination, that officer may, at his own expense, provide the opinion of a physician/medical
Packet Pg. 169
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professional of his/her choosing. Should the employee's physician/medical professional disagree
with the Village's physician/medical professional, and the Village refuses to adopt the findings
made by the employee's physician/medical professional, the Union and Village will jointly select
a physician whose decision will be determinative of the matter. if the employee is returned to
duty based upon the employee's, and/or jointly selected, physician/medical professional, the
employee will be made whole for any and all time on leave that was unpaid.
Section 4.6 Drug and Alcohol Testing Policy
The Parties agree to establish a committee comprised of an equal number of bargaining
unit members and management for the purpose of attempting to simplify the language of the
existing drug/alcohol policy applicable to all Village employees. The parties intend that the
concepts in the existing policy will remain in effect but nothing in this Section will require either
party to agree to any proposal or concession relative to this Policy. Until and unless a revised
policy is agreed upon by this committee and ratified by authorized representatives of both
parties, the Village's existing Drug and Alcohol policy will retrain in effect.
Section 4.7 Performance Evaluation Plan
The Village and Union recognize that the Performance Evaluation Plan is a vehicle
intended to measure and evaluate on-the-job performance. For the purpose of annual evaluations,
each employee will be required to provide an annual milestone/recap statement pfhis individual
performance forty-five (45) days prior to May/June evaluation period (with issuance of the
evaluation during July), All employee evaluations will be aligned with the employee's
anniversary date and be conducted on those dates for the duration of this Agreement. The
employee shall receive a final copy of the evaluation during the month of July preceding the
evaluation no more than 45 days after the evaluation is issued during July.
If an employee has a disagreement with his/her evaluation, the first step of review wilt be
at the level of the employee's immediate supervisor. If the immediate supervisor cannot resolve
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the disagreement, the next step will be to have the employee's Unit Supervisor (e.g., Lieutenant
or Ceommander) review the evaluation. If at that step the employee's disagreement is not Formatted: No underline, Font color:
resolved the employee may then appeal to the Police 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.
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If the Village changes the tool used to measure or evaluate performance, the Village will:
(a) provide the Union with thirty (30) days' prior notice before implementation, and (b) when
required by law, provide the Union an opportunity to bargain over the impacts and effects of the
change(s) prior to implementation.
The Union agrees that its membership is committed to excellence in carrying out the
duties and mission of the police department and the Union executive board agrees it has a duty to
address substandard performance among its members.
Finally, the parties agree to meet and discuss in good faith the concept and parameters of
a "pay for performance" evaluation program in the event such a program is adopted and
implemented for non -represented employees of the Village. Nothing in this final paragraph of
Section 4.7 will require either party to agree to any concession or improvement relative to this
issue.
Section 4.8 Secondary Employment
Employees may engage in Extra -Duty or other secondary employment which has been
authorized by the Chief. The Chief may deny or cancel permission for an employee's Extra
Duty Assignment; but, such denial or cancellation will not be arbitrary or capricious. On an
annual basis, employees who perform outside employment pursuant to this Section must submit
and comply with the terms of the Department's Secondary Employment Approval and
Notification Form and the Village's Secondary Employment Indemnity Agreement (where
applicable for Extra Duty Assignments), as set forth in Appendix B.
Employees who are employed by another municipal police department, municipal law
enforcement agency or other public or private employer, where personnel function as a police
officer or have law enforcement responsibilities as part of their secondary employment, are
considered to be involved in "Extra Duty" secondary employment activities. Those employees
also agree that: (a) scheduled Extra Duty time will be submitted for approval by the Chief
monthly on the first duty day of each month (changes that occur after that will be submitted
through Chief); (b) the employee's schedule is subject to approval of the Chief to ensure that it
does not interfere with the operations of the Village or the Department; (c) employees will
comply with the applicable rules and policies governing consecutive hours worked; and
(d) employee must have a minimum of eight (8) consecutive hours of documented time off prior
to reporting for any shift assignment, overtime or any other special duty for the Department.
Section 4.9 Safe Driving Incentive
Any member who is not involved in an on -duty, chargeable traffic crash for a twenty four
(24) month consecutive period shall be granted eight (8) hours of compensatory time added to
their bank annually.
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Section 4.10 Officer Involved Shootings
Community Relations Improvement Act. The Parties agree to continue negotiations to bargain
ARTICLE V
Section 5.1 No Smoking
Employees covered under this Agreement shall restrict their smoking to the designated
smoking areas and refrain from smoking in Village vehicles, in accordance with state law,
Village ordinance, and all applicable General Orders.
Section 5.2 Residency
There will be no residency requirements for employees covered under this Agreement
during the term of this Agreement.
ARTICLE VI
Section 6.1 Salaries
Salary Schedule — January 1, 2017 to December 31, 2017
Sten Plan Illustration: Police Patrol Officer — Effective: January 1. 2017
Starting pay:
$67,468.96 (Step 275)
Pay after first complete year of employment:
$71,273.28 (Step 286)
Pay after second complete year of employment:
$75,291.84 (Step 297)
Pay after third complete year of employment:
$79,539.20 (Step 308)
Pay after fourth complete year of employment:
$84,023.68 (Step 319)
Pay after fifth complete year of employment:
$88,759.84 (Step 330)
Pay after sixth complete year of employment:
$93,766.40 (Step 341)
Pay after seven or more complete year of employment:
$99,550.88 (Step 353)
Step Plan Illustration: Police Patrol Officer — Effective: January 1, 2018:
Starting pay: $69, 170.40 (Step 280)
Pay after first complete year of employment: $73,072.48 (Step 291)
Pay after second complete year of employment: $77,192.96 (Step 302)
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Pay after third complete year of employment:
$81, 546.40 (Step 313)
Pay after fourth complete year of employment:
$86,145.28 (Step 324)
Pay after fifth complete year of employment:
$91, 002.08 (Step 335)
Pay after sixth complete year of employment:
$96,135.52 (Step 346)
Pay after seven or more complete year of employment:
$102, 063.52 (Step 358)
For purposes of establishing raises for this Agreement only, the following formula will be
used to determine wage increases: effective January 1, 2017, the parties agree to place the
maximum base pay for police officers at the one-half percent ('/2%) step (per the Village's
established step plan) above the third highest paid agreed upon comparable community prior to
the Village's position being included, for future comparable studies. For purposes of
determining the salaries of job titles within the bargaining unit, for the duration of this
Agreement, longevity pay (based on officers with at least fifteen (15) years of completed service)
and applicable stipends shall be added to the base salaries of all comparables, as well as those of
the Village. Only stipends that are given to all officers with at least fifteen (15) years of
experience shall be applied in the formula.
For the purpose of determining the general wage increase of comparable communities
who have not yet resolved their January 1 to December 31, 2018 wages, the parties shall
calculate and apply the average of the actual general wage increase and above referenced
stipends granted by the comparable communities from January 1, 2018 to December 31, 2018.
This same process will be used for communities who have not resolved wages for years prior to
2018.
The parties agree the following communities (listed in alphabetical order; not the order to
be used in the formula) will be used in the formula referenced in this Section:
1.
Elk Grove Village
2.
Glenview
3.
Gurnee
4.
Highland Park
5.
Hoffman Estates
6.
Morton Grove
7.
Mt. Prospect
8.
Mundelein
9.
Niles
10.
Northbrook
11.
Park Ridge
12.
Rolling Meadows
13.
Wheeling
14.
Wilmette
10
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Section 6.2 Specialty Pay
In addition to the annual wages, employees who are serving in the following specialties
shall receive specialty pay in the prescribed amounts listed below:
Evidence Technician Evidence Technicians shall receive an additional eight and a half
(8.5) hours of pay on a quarterly basis for a total of thirty-four (34)
hours annually.
Field Training Officers Officers assigned to perform FTO duties shall be paid $5.00 per hour
for all time that duty is performed in addition to their regular salary.
Officer -In- Charge Officers assigned to Watch Commander or Field Supervisor duties
shall be paid $1.50 per hour for all time that duty is performed in
addition to their regular salary. This responsibility shall first be
offered to those officers assigned as corporals prior to being offered
to other officers.
Canine Handler To compensate for at home grooming, feeding, and training of the
canine, the handler will be credited for working thirty (30) minutes
of canine care time for each full duty day.
On the Canine Handler's days off, or approved leave request, the
handler will be compensated one (1) hour for each day to properly
train, feed, and groom the canine, unless the canine is boarded. This
compensation (on day off) shall be at time and one-half and be paid
in the form of overtime or compensatory time, at the discretion of
the Department. Canine Handlers will be allowed to accrue four
hundred eighty (480) hours of compensatory time.
Night Officers
Officers assigned to the night shift shall receive an additional eight
and a half (8.5) hours of pay on a quarterly basis for a total of thirty-
four (34) hours per year. Officers will be paid an additional $1.00
per hour worked on the night shift.
Investigators
Officers assigned as Investigators shall receive an additional eight
(8) hours of pay on a quarterly basis for a total of thirty-two (32)
hours per year.
NIPAS Assignment
Officers assigned to the Mobile Field Force & EST will be allowed
to accrue four hundred eighty (480) hours of compensatory time.
Traffic Division
Officers assigned to the Traffic Division (including the full
time Truck Enforcement officer) shall receive an additional
eight (8) hours of pay on a quarterly basis for a total of
thirty-two (32) hours per year. All officers shall
attain/maintain the appropriate certification(s) throughout the
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quarter to be eligible for this stipend.
Section 6.3 Hours of Work and Overtime
A. Overtime hours shall be paid at one and one-half (1.5) 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: (Annual Rate / 2080 X 1.5)
B. Employees will be compensated at the one and one half (1.5) time rate when required to
work any time outside of their regularly scheduled shift unless otherwise stated in this
Agreement.
C. Hire backs for any actual contractually designated Holiday on list indicated at Section 7.1
(not observed) shall be paid at two (2) times the employee's regular straight -time hourly
rate of pay.
D. In addition to the provisions described above, employees shall be paid one and one-half
(1.5) the employee's regular straight time hourly rate of pay for regularly scheduled hours
of work which are actually worked in excess of one hundred and seventy-one (171) hours
in the employee's normal twenty eight (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).
E. In lieu of overtime payment(s), employees may elect to be granted compensatory time
off. Such compensatory time may be accumulated to a maximum of one hundred twenty
(120) hours. Once an employee reaches the maximum amount of compensatory time, all
overtime will be paid at the one and one half (1.5) time rate. Employees may submit
requests for compensatory time off at their discretion.
F. Hours worked for purposes of calculating eligibility for overtime includes actual hours
worked, sick time, vacation time, compensatory time, personal holidays, and all other
paid benefit time.
G. Compensatory time banks will not be allowed to have a deficit balance.
H. Compensation shall not be paid or earned (or compensatory time accrued) more than
once for the same hours under any provision of this Agreement. The intent of this
paragraph is not to prevent an officer from working overtime while on scheduled
vacation or other approved benefit time off. As an example, however, an on -duty officer
may not utilize benefit time during the shift to qualify as off -duty for purposes of
collecting court time. At the same time, if an employee works he will not lose any
benefit time that he was approved to use during those hours worked.
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Section 6.4 Training Overtime
Employees attending shift or proficiency training during the employee's off duty hours
will be credited with no less than three (3) hours of overtime, unless their activities are an actual
extension of their tour of duty.
A. Employees attending a full day of training (e.g., NEMRT, NIPAS) will have their
schedule adjusted and will be placed on a training day for this purpose. The employee
normally will receive an alternate full day off on a day that is selected by the employee
with approval of the supervisor (which approval will not be unreasonably withheld) on a
day that falls prior to the end of the next pay period.
B. If the alternate day cannot be scheduled pursuant to Section 6.4(B) above, the employee
will receive overtime compensation for the training time up to a maximum of eight (8)
hours.
Section 6.5 Longevity
Employees shall be eligible for longevity pay beginning with the fifth (5th) 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
Section 6.6
Call Backs & Court Time
In order to allow for an equitable distribution of call backs amongst the members, a call
back list shall be maintained by each patrol shift. At the beginning of each year, all members on
the shift shall be placed on a list in order of Department seniority. When the Department has at
least twenty four (24) hours' notice of the need to fill a position, members shall be contacted in
the order of the list, once a member accepts a call back, they shall rotate to the bottom of the call
back list. The call back list shall be exclusive of court time requirements. All call backs shall be
paid at the applicable overtime rate for a minimum of two (2) hours.
Any officer who is required to attend court off duty shall be compensated a minimum of
three (3) hours at the overtime rate.
When there is less than twenty four (24) hours' notice to the Department of the need to
fill a position, whenever practicable, shift overtime will be scheduled on a voluntary basis,
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offered first to those working (on a seniority basis) when the overtime vacancy occurs. If the
shift overtime is not filled it shall be offered then to those employees (currently off duty) on a
seniority basis. If forced shift overtime becomes necessary, an employee (on inverse seniority
basis) who is working shall be ordered to stay to fill the vacancy for all or part of the shift as
deemed appropriate by the Chief (or designee).
Section 6.7 Health, Dental, Vision & Life Benefits
The Village shall grant employees covered by this Agreement, except as specifically and
expressly limited by this Agreement_.
Health Insurance Benefits:
1. Eligible employees who elect Health Insurance coverage for the Employee
(and/or any eligible dependents) will continue to pay a premium contribution
amount equal to fifteen percent (15%) of the premium costs for that class of
coverage.
2. There will not be any financial contribution required for eligible employees to
participate in the dental or vision component of the group health insurance
program dwing the tefffi of this AgFeeffieit .
3. The Village may iuxP is&oon&xo cxafiges to the-,P of the Pdff5 SF4 Btlthe appFoval of the bafgaining unit. including, but not limited to the Foplacement
f the uran with , H rnnor- PPnwill maintain the structure of the plans.
However, the parties agree the PPO B plan will no longer be available effective
January 1, 2018.
4. 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.
5. 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. Subject to the terms of this Agreement,
and only if the plan is substantially similar to the benefits currently received, the
Village may include covered members in the same plan as other Village
employ
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Dental Insurance Benefits:
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 the employee and any eligible dependents who are covered.
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 any eligible _ dependents who are coveredage.
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 as of 2017
1 x F ,.lo,ye Annual Base c lat-. The Village will provide group Term life insurance to the
employee at no cost to the employee with a benefit equal to the employee's annual bases lar
(per 6.1 .
Employer Incentive Amounts:
For any eligible participant moving from PPO (A or B) to the new Proposed PPO
in 2018, the following "incentive" amount(s) will be awarded:
2018
Family: $500
Employee + 1: $250
Single: $125
For any eligible employee moving from PPO (A or B) to HMO OR remaining in
HMO in 2018, the following "incentive" amount(s) will be awarded:
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2018
Family: $1,000
Single +1: $500
Single: $250
The "incentive" will be deposited into the employees FSA account, not paid via payroll. For any amounts
above $500, $500 will be deposited into the employee's FSA account and the remaining $500 will be
used to reduce the employee's premium contribution over a 12 month period.
Section 6.8 Attendance at Grievance Meetings
Members will be granted leave to attend meetings, hearings, arbitrations, or matters
pending before a tribunal when that tribunal compels a member's attendance. Such leave will be
granted without loss of pay or benefits. Employees subpoenaed by management to attend a
grievance meeting or arbitration hearing will be compensated at their applicable rate if the
hearing is scheduled during the employee's off -duty hours. On -duty personnel who are not
serving as a Union representative or technical assistant will only be given leave for the period of
time necessary for them to travel and testify on the day in question. The Union will not abuse
this right.
Section 6.9 Uniform Allowance/Maintenance
Officers covered by this agreement shall receive a uniform allowance (which includes the
costs of maintenance and cleaning) of One Thousand Dollars ($1,000) (pre-tax) annually. The
allowance is provided for the replacement or repair of uniform clothing and personal equipment
used in the course of their duties. No uniform allowance will be paid until the completion of one
year of service. All uniform allowance payouts will be on the first pay period of the next fiscal
year. (For example, an officer hired in May 201.6.E will receive his/her first uniform allowance
payment in January 201.8. 7.) Any members hired after the first pay period in January 201,74 will
not receive the 2018.5 stipend, but all other members will receive the stipend upon ratifrcation,.,....i
kha;y h«avc not qb:, «aaly M.,.e.J.1 d ;q;r..
ARTICLE VII
Section 7.1 Holidays
The Village shall observe the following holidays annually:
New Year's Day Martin Luther King, Jr. Day President's Day
Memorial Day Independence Day Labor Day
Thanksgiving Day Day after Thanksgiving Christmas Eve
Christmas
All members assigned to patrol or traffic shall be paid the regular hourly rate of pay for
eight (8) hours for each observed holiday. All other employees who are not assigned to patrol or
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traffic shall receive their normal compensation for time off work on Village observed holidays if
the employee normally would be scheduled to work on that observed holiday. All members
assigned to patrol or traffic who work on the observed holiday shall be compensated at their
normal rate. Employees called in to work on an actual holiday, when not scheduled to do so,
will be paid pursuant to Section 6.3C.
Without any loss of pay, members assigned to investigations will not normally be
scheduled to work on holidays. If the investigator is required to work on a holiday, the
investigator will receive pay pursuant to Section 6.3C. Employees shall receive one (1) floating
holiday per calendar year, said day to be scheduled so long as the selection of that shift does not
drop below the staffing levels designated by management.
Section 7.2 Sick Leave
Employees covered by this Agreement shall be allowed sick leave on the basis of the
following:
a. Employees shall earn ten (10) days of sick leave with pay credit annually. This is
equivalent to eighty (80) hours annually.
b. Employees shall accrue sick leave at a rate of five sixths (5/6) of a day for each
full month of employment.
C. 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.
d. Sick leave shall not be accrued while on a discretionary personal leave of absence
(not required by law) without pay in excess of thirty (30) calendar days.
Section 7.3 When Taken
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, the birth of a new -born child, 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.
For the purposes of this Agreement, immediate family members shall include, husband,
wife, civil union partner, 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/civil union
Partner.
When an employee finds it necessary to be absent for any of the reasons specified herein,
he shall report that he is using sick time to a supervisor. The employee is not required to give
any personal health information at this time. 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
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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 lasting three (3) or more
consecutive shifts.
Section 7.4 Accrual
Employees may accumulate sick leave credit to a maximum of two thousand eighty
(2,080) hours.
Section 7.5 Accrued Sick Leave
Retiring employees
are eligible to establish an employer sponsored Retiree Health
Savings (RHS) Plan. 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%
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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 1st 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 1st through December 31st), employees will convert up to
sixteen (16) hours of unused sick time for deposit into their Plan account; providing that they
have completed one (1) year of work with no absences. Eight (8) hours will be converted if only
one (1) sick day is used.
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 police department due to disability or death will receive the
value of their accrued sick leave under this plan as part of the RHS benefit.
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Section 7.6 Light Duty
An employee who is eligible for injury or illness leave may be required and/or may
volunteer to work for an available, temporary light duty assignment that is consistent with
employee's medical restrictions. As a general rule, light duty work assignments will not exceed
sixty (60) calendar days except when work is available and constitutes a reasonable
accommodation for an employee with a disability. The actual length and type of light duty work
will be determined by the Police Chief in accordance with the business needs of the Village.
Light duty assignments may be terminated based upon a lack of performance in relation to the
assigned job or for other reasons deemed appropriate by the Chief.
These issues will be addressed on a case -by -case basis. Employees will only be required
to perform meaningful work, and will always be subject to the Police Department chain of
command. A police officer will not be subject to discipline by a person outside of the sworn
Police Department chain of command. Should an employee disagree with the directives given
by a civilian, the employee may seek direction from his police supervisor who will resolve the
dispute. The Village will not assign an employee to work light duty when there is not a
legitimate business need to have such work performed.
Section 7.7 Vacation
Employees covered by the Agreement shall receive vacation leave credit according to the
following schedule:
(1) 1 st partial year and first full calendar year of service:
After 1 month
8 hours
After 2 months
16 hours
After 3 months
20 hrs
After 4 months
28 hrs
After 5 months
36 hrs
After 6 months
40 hrs
After 7 months
48 hrs
After 8 months
56 hrs
After 9 months
60 hrs
After 10 months
68 hrs
After 11 months
76 hrs
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After 12 months 80 hrs
(2) 2nd full calendar year of service: 88 hrs
(3) 3rd full calendar year of service: 96 hrs
(4) 4th full calendar of service: 104 hrs
(5) 5th full calendar year of service: 112 hrs
(6) 6th-10 tull calendar year of service: 120 hrs
(7) 11 th-14th full calendar year of service: 136 hrs
(8) 15th-19th full calendar year of service: 160 hrs
(9) 20th — 24th full calendar year of service: 184 hrs
(10) 25th (and after) full calendar year of service: 200 hrs
B. Employees shall accrue paid vacation credits on a monthly basis. Vacation leave shall be
credited in advance to the employee at the beginning of the calendar year, effective with
the second (2nd) calendar year of service and shall be prorated based upon the number of
full months worked by the employee. Employees must complete six (6) months of
service before being entitled to take vacation leave, unless otherwise approved by the
Chief of Police and provided a loan agreement/vacation advance agreement is entered
into with the employee concerning the repayment of the time once earned. Vacation
leave shall not be accrued or earned while on leave of absence without pay.
C. Earned vacation days shall normally be taken within the year they are earned. A
maximum of forty (40) hours may be carried over to the next twelve (12) month period
with prior approval by the Chief or his designee. Any amount in excess of forty (40)
hours shall be forfeited unless specifically authorized by the Village Manager or his
designee up to a maximum of eighty (80) hours. All hours carried over must be used by
June 30 of the following year otherwise they will be forfeited.
D. Vacation leave schedules shall be approved by the Police Chief or his designee consistent
with the operational needs of the Police Department. Vacation requests will be accepted
for the upcoming year after the Shift bids are posted on November 15th. In the event of a
conflict between two (2) or more officers' request for vacation, seniority shall be the
determining factor until March 31st. As of April 1st, vacation shall be granted on a fast
come, fast serve basis.
E. Employees leaving the Police Department shall be compensated for vacation leave earned
and unused through the date of separation or resignation (regardless of reason). Annual
vacation leave entitlements at the time of separation or resignation shall be prorated
based on the time worked by the employee in the calendar year. Vacation leave in excess
of that earned will be deducted from the employee's final paycheck, subject to the
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provisions of the Illinois Wage Payment and Collection Act. In the event of separation
due to death of the employee, compensation normally will be made to the employee's
beneficiary or estate as provided by law.
Section 7.8 Shifts or Watches
, Tthe Buffalo Grove Police Department will maintain three (3)
shifts or watches they are:
Day Watch which is 0630 hours to 1500 hours,
Evening Watch which is 1430 hours to 2300 to hours, and
Night Watch which is 2230 hours to 0700 hours.
The Village shall maintain permanent shift assignments to staff each watch based upon
their seniority and assigned specialized duties (e.g. evidence technicians, FTO, etc.). Each
October 1 st, officers will bid for shifts for the upcoming calendar year. Final shift rosters for the
upcoming year shall be posted no later than November 15th. Assignments to shifts will be
determined by the Police Chief, however final shift selection shall not be arbitrary or capricious
but rather based on the factors stated herein.
Probationary officers will be subject to rotating shifts in three (3) month intervals during
the six (6) month period after release from FTO training. The Employer agrees that this will not
result in reassignment of a senior officer during this six (6) month period.
Section 7.9 Work Schedules
The regular work schedule for members assigned to patrol shall consist of a rotation of
five (5) consecutive days on duty followed by two (2) consecutive days off duty, then five (5)
consecutive days on duty followed by three (3) consecutive days off duty. This schedule will
repeat itself. Each regular workday shall be eight and one half (8.5) hours in duration, including
thirty (30) minutes paid lunch and two (2) paid fifteen (15) minute work breaks with the officer
available to respond to an emergency if needed.
While it is understood that Patrol Officers work an eight and one half (8.5) hour day,
benefit time will be charged at an eight (8) hour rate.
The 5/2 — 5/3 schedule produces only two--thousand--sixty--eight (2,068) hours of work
per twelve (12) month period. Employees will not be required to pay back the twelve (12) hours
owed to the Village. It is understood that each employee will be assigned one (1) eight (8) hour
Administrative day (A -day) per year, to be scheduled during the annual Buffalo Grove Days
festival, a training day, Shift Proficiency Training, or during Range Days. If Buffalo Grove
Days, a training day(s), Shift Proficiency Training, or Range Day (s) falls(s) during the two (as
opposed to three) regular days off portion of the member's regular schedule, the A -day will be
worked at a mutually agreed upon time.
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Officers assigned to the Traffic Unit shall report for duty for either of the following
shifts, unless the Traffic Sergeant designates a different forty (40) hour schedule based upon
legitimate business needs:
0600 through 1600
0900 through 1900
Officers assigned to the Field Operations Support Group shall work four (4) ten (10) hour
days Monday through Saturday. Officers working in this division may work five (5) eight (8)
hour shifts Monday through Saturday with the approval of their supervisor. Members working in
FOSG will be regularly assigned to a reoccurring ten (10) hour shift with a start time no later
than 1200 and no earlier than 0600. This member's regular schedule may be changed as long as
the affected member(s) receive seven (7) days' advance notice prior to the change (or as agreed
to otherwise).
The School Resource Officers and Police Liaison Officer will work five (5) eight (8) hour
days Monday through Friday when school is in session. Officers working in this division may
work four (4) ten (10) hour days when school is not in session with the approval of their
supervisor.
Some emergency situations may require implementation of a modified work schedule and
changing assignments. In the event of such emergency, notice will be given to the union, along
with a good faith estimate of how long the modifications will be in place for. Modified work
schedules will not last any longer than thirty (30) days in a calendar year.
Section 7.10 Changing Days Off
Employees who wish to exchange days off of work for one another must work back for
the person with whom they exchanged the shift within the same work period of the same
calendar year, unless approved in advance by the officer's supervisor. All exchanges must be
documented in the remarks section of the Daily Attendance Record and approved in writing by
the officer's supervisor.
Section 7.11 Breaks and Lunches
All employees shall be entitled to a one half (1/2) hour lunch period and two (2) quarter
(1/4) hour break periods each shift subject to calls received and the needs of the Department.
ARTICLE VIII
Section 8.1 Grievance - Definition
A "grievance" is defined as a dispute or difference of opinion raised by an employee or
the Union against the Village involving an alleged violation of this Agreement. Such grievances
may be filed by the employee, or Union. The Union may file joint, group, or class action
grievances on behalf of two (2) or more employees, or the Union as whole.
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Section 8.2 Procedure
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 grievance will be submitted in writing to the immediate supervisor specifically
indicating that the matter is a grievance under this Agreement. The grievance shall
contain a 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/or Union representative. All grievances must be
presented no later than ten (10) calendar days from the date of the discovery of the
matter giving rise to the grievance.
The immediate supervisor shall render a written response to the grievant within ten
(10) calendar days.
STEP 2: If a grievance of a member is not settled at Step 1 and the Union or grievant wishes
to appeal the grievance to Step 2 of the grievance procedure, it shall be submitted
by the Union in writing to a Lieutenant or Commander within ten (10) calendar
days after receipt of the Village's answer in Step 1. The Lieutenant or Commander
shall investigate the grievance and, in the course of such investigation, shall offer to
discuss the grievance within seven (7) calendar days with the grievant and the
Union. If no settlement of the grievance is reached, the Lieutenant or Commander
or his designee shall provide a written answer to the grievant and the Union within
seven (7) calendar days following the meeting.
STEP 3: If a grievance of a member is not settled at Step 2 and the Union or grievant wishes
to appeal the grievance to Step 3 of the grievance procedure, it shall be submitted
by the Union in writing to the Police Chief within seven (7) calendar days after
receipt of the Village's answer in Step 2. The Police Chief (or designee) shall
investigate the grievance and, in the course of such investigation, shall offer to
discuss the grievance within seven (7) calendar days with the grievant and the
Union. If no settlement of the grievance is reached, the Police Chief or his
designee shall provide a written answer to the grievant and the Union within seven
(7) calendar days following the 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 seven (7) calendar days after receipt of the Village's
answer in Step 3. Thereafter, the Village Manager, or his designee, and other
appropriate individuals as desired by the Village Manager, shall meet with the
grievant and Union representative(s) within seven (7) 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 seven
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(7) calendar days following the meeting.
Section 8.3 Arbitration
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 within
twenty-one (21) calendar days of receipt of the Village's answer as provided to the Union at Step
4. A grievance is deemed advanced to Arbitration when the Union provides written notice to the
Village Manager of its intent to have the matter resolved by an Arbitrator.
A. The parties shall jointly request the Federal Mediation and Conciliation Service to submit
a panel of seven (7) Arbitrators who maintain an office in Illinois, Wisconsin, Iowa or
Indiana. Each party retains the right to reject one (1) 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 alternately have the right to strike one (1) name from the panel. A coin toss
will determine which party will strike the first name; the other party shall then strike a
name. This process shall continue until one (1) person remains, this person shall be the
Arbitrator.
B. The Arbitrator shall be notified of his/her 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 witnesses at the hearing and the production of documents prior to hearing.
The Village and the Union retain the right to employ legal counsel at their own expense.
D. Unless otherwise agreed to by the parties, the Arbitrator shall submit his/her 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 (1) 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.
Section 8.4 Limitations On Authority of Arbitrator
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 and shall have no authority
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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.
Section 8.5 Time Limit For Filing
No grievance shall be entertained or processed unless it is submitted at Step 1 within ten
(10) calendar days after the discovery of the event giving rise to the grievance. If a grievance is
not presented by the employee/Union 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 the Union or the
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 withdrawn, provided, however, that
such settlement shall not serve to waive the Union's or 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 grievance will automatically be advanced to
the next step.
The parties may, by mutual written agreement, extend any of the time limits set forth in
this Article.
Section 8.6 Miscellaneous
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.
ARTICLE IX
Section 9.1 No Strike
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. Additionally, no employee
shall refuse to cross any picket line to perform his/her job duties, by whomever established.
Any or all employees who violate any of the provisions of this Article may be discharged
or otherwise disciplined by the Village. Nothing in this Article will limit the Employer's right to
legal or injunctive relief in the event of a violation of this Section.
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Section 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 X
Section 10.1 Discipline and Discharge/Investigations
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 an appropriate penalty which include the following penalties:
Oral Reprimand;
Written Reprimand;
Suspension;
Removal of Corporal Status (if applicable); or
Termination.
Any disciplinary action or measure other than an oral and written reprimand imposed
upon an employee shall be subject to review and appeal as provided for in this Agreement. An
oral and written reprimands shall not be subject to arbitration or to review by the Board of Fire
and Police Commissioners. However, an employee is entitled to write a response to any oral or
written reprimand and that response will be attached to the corresponding discipline. The Union
shall have the right to file grievances concerning discipline covering suspension without pay,
removal of Corporal status (if applicable), and/or termination, or an employee 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 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 and Union. The Employer further agrees that disciplinary
actions will be imposed in a timely manner and shall comply with the "Uniform Peace
Officers' Disciplinary Act" (50 ILCS 725/1, et seq.).
B. Any employee found to be unjustly suspended or discharged will 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.
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C. Disciplinary actions, including but not limited to discipline less than a suspension,
recorded in the employee's personnel files shall not be used after thirty-six (36) months
to justify subsequent disciplinary action, except for a related offense. Non -meritorious
disciplinary actions shall not be relied upon to substantiate or aggravate any subsequent
disciplinary action.
D. Employees shall be entitled to Union representation at all disciplinary investigatory
meetings, which the employee attends and are initiated by the Employer, and at any
meeting or interview which thate employee reasonably believes could result in discipline.
E. Interrogations will be conducted in accordance with the Illinois Peace Officers'
Disciplinary Act.
F. Prior to the imposition of disciplinary action, the Union will be provided an opportunity
to review the surveillance (e.g. video, photos, audio, or other recorded medium) relevant
to the discipline if the surveillance evidence is both: (i) in the possession or control of
the Employer and (ii) relied on by the Employer in making the discipline decision at
issue.
G. Prior to taking any final, disciplinary action and just prior to concluding its investigation,
the Village shall notify the employee and Union 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. The Union is
permitted to attend and participate in this meeting. Prior to the meeting the Village will
notify the Union and employee in writing of the contemplated discipline and the factual
basis for said contemplated discipline.
H. Personnel Files - The Employer agrees to comply with the Illinois Personnel Record
Review Act relative to providing the employee access to and copying (if requested) of the
employee's personnel file.
It is understood that the rights of officers herein shall not diminish the right and
privileges of officers that are guaranteed to all citizens by the Constitution and laws of
the United States and of the State of Illinois.
Reviews of decisions of the Board of Fire and Police Commissioners or of an arbitrator
under this section shall be as provided by law, based on the election of the hearing body.
ARTICLE XI
Section 11.1 Dues Deductions
Upon receipt of proper written authorization from an employee, the Employer shall
deduct each month's Chapter dues in the amount certified by the Treasurer of Chapter from the
pay of all officers covered by this Agreement who, in writing, authorize such deductions. Such
money shall be submitted to the Metropolitan Alliance of Police within fifteen (15) days after the
deductions have been made.
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Section 11.2 Fair Share
During the term of this Agreement, employees who are not members of the Chapter shall,
commencing thirty (30) days after the effective date of this Agreement, pay a fair share fee to the
Chapter for the collective bargaining and contract administrative services tendered by the
Chapter as the exclusive representative of the employees covered by this Agreement. Such fair
share fee shall be deducted by the Employer from the earnings of non-members and remitted to
the Chapter each month. The Chapter shall annually submit to the Employer a list of employees
covered by this Agreement who are not members of the Chapter and an affidavit, which specifies
the amount of the fair share fee, which shall be determined in accordance with the applicable
law_
Section 11.3 Chapter Indemnification
The Chapter shall indemnify, defend and hold harmless the Village and its officials,
representatives and agents against any and all claims, demands, suits or other forms of liability
(monetary or otherwise) and for all legal costs for counsel selected or approved by the Chapter
that shall arise out of or by reason of action taken or not taken by the Village in complying with
the provisions of this Article. If an improper deduction is made, the Chapter shall refund directly
to the employee(s) any such amount. The foregoing indemnification clause shall not require the
Chapter to indemnify or hold the Village harmless in the event the Village initiates a cause of
action against the Chapter.
ARTICLE XII
Section 12.1 Definition of Seniority
Departmental seniority shall be defined as the length of service from the last date of
beginning continuous full-time employment as a sworn Peace Officer in the Department and
uninterrupted by termination of employment. Conflicts of departmental seniority shall be
determined on the basis of the order of the officers on the Board of Fire and Police Commission
hiring list, with the officer 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.
Section 12.2 Probationary Period
All new employees and those rehired after termination of employment shall be
considered probationary employees until they complete a probationary period of eighteen (18)
months. 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 Police and Police Commissioners, for a comparable period of time (i.e., day for
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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 eighteen (18) months of employment).
Section 12.3 Seniority List
The Village will provide the Union with a seniority list setting forth each employee's
seniority date on an annual basis within a reasonable period of time after the Union's written
request.
Section 12.4 Layoff
Prior to any bargaining unit employees being laid off, all part-time employees with the
power to affect a lawful arrest, if any, responsible for performing duties/tasks performed by
members of the Union, will be laid off. Prior to any employees being laid off, the parties will
complete bargaining over the impacts and effects of such layoffs when required by law. Full
time 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 5/10-2.1-18 as amended
from time to time.
Section 12.5 Recall
Full time employees who are laid off shall be placed on a recall list. If there is a recall,
full time employees who are still on the recall list shall be recalled in the inverse order of their
layoff provided the employee is qualified to perform the available work.
Employees who are on the recall list shall be given 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 Police Chief or his designee of his intention to return to work within nine (9) 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 Police Chief or his designee with this latest mailing address. If an employee fails to
timely respond to a recall notice, his/her name shall be removed from the recall list.
Section 12.6 Termination of Seniority
Seniority and the employment relationship shall be terminated for all purposes, subject to
confirmation by the Village's Board of Police and Police Commission, if the employee:
A. quits;
B. is discharged;
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C. retires (or is retired should the Village adopt and implement a legal mandatory retirement
age);
D. fails to report to work at the conclusion of an authorized leave or vacation;
E. is laid off and fails to notify the Police Chief or his designee of his intention to return to
work within the time period stated in this agreement;
F. is laid off for a period in excess of two (2) years; and/or
G. 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. Extensions will be
considered on a case -by -case basis to comply with the law (e.g. for a reasonable
accommodation to a disabled individual).
Section 12.7 Benefits During 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.
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.
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.
ARTICLE XIII
Section 13.1 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.
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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.
ARTICLE XIV
Section 14.1 Duration of Agreement
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 31st day of December,
30 ] 6201 . it shall be automatically renewed from year to year thereafter unless either parry shall
notify the other in writing at least ninety (90) calendar days prior to the December 3lst
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) calendar days prior to the December 31st
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) calendar 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 paragraph of this Section.
This Agreement executed by Ordinance on December_, 2017 by the Village
of Buffalo Grove Board of Trustees and signed by:
For the Village of Buffalo Grove For the Metropolitan Alliance of Police
Chapter # 672
Beverly Sussman, Village President Mr. Keith R. George, President
Metropolitan Alliance of Police
Dane C. Bragg, Village Manager Michael M. Martin, Chapter President
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