2020-11-02 - Village Board Regular Meeting - Agenda Packet19
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Meeting of the Village of Buffalo Grove
Village Board
Regular Meeting
November 2, 2020 at 7:30 PM
Call to Order
A. Open Meetings Act Compliance
Fifty Raupp Blvd
Buffalo Grove, IL 60089-2100
Phone: 847-459-2500
Pursuant to Public Act 101-0640 as well as the Disaster Proclamation and Executive
Orders issued by Governor Pritzker, this meeting will be held in person with capacity -
limited physical attendance. Those not willing or able to physically attend can still fully
participate electronically by utilizing the Zoom link below.
Zoom Link: www.vbg.org/november2boardmeeting
Phone Number: 312-626-6799
Meeting ID: 865 3518 3593
Instructions for how the public can see, listen and/or participate in meetings are listed
immediately below this statement.
In accordance with the Open Meetings Act, any person shall be permitted an opportunity
to address public officials under the rules established and recorded in the Buffalo Grove
Municipal Code. The Village President reserves the right to alter the order of the
appearance of speakers to maintain decorum during the meeting.
Due to the COVID-19 pandemic and CDC guidelines for social distancing, physical
attendance is limited to 25 persons including to Elected Officials and Staff. All seats are
on a first come, first served basis. All persons physically attending the meeting will be
required to don an appropriate face covering during the duration of the meeting and shall
be required to undergo a body temperature scan before entering the Jeffrey S. Braiman
Council Chambers. The Village of Buffalo Grove reserves the right to deny entry to any
person displaying COVID-19 symptoms or a body temperature exceeding 100.4 degrees
Fahrenheit. All meeting participants shall observe CDC -published guidelines for social
distancing while attending the meeting.
B. Pledge of Allegiance
Approval of Minutes
A. Village Board - Regular Meeting - Oct 19, 2020 7:30 PM
Approval of Warrant
A. Approval of Warrant #1321 (Trustee Weidenfeld) (Staff Contact: Chris Black)
4. Village President's Report
A. Proclamation Recognizing Veterans Day (President Sussman) (Staff Contact: Evan
Michel)
5. Village Manager's Report
A. IDPH Region 9 and 10 Mitigation Measures
B. Announcement of 2021 Draft Budget (Trustee Weidenfeld) (Staff Contact: Dane Bragg)
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. Authorization to Execute Contract Extensions with Multiple Vendors (Trustee
Weidenfeld) (Staff Contact: Brett Robinson)
SUMMARY: Staff recommends that the Village President and Board of Trustees
authorize staff to execute the following Contract extensions as listed below and further
detailed in the attached memo.
An extension of the engagement of Wold Ruck Pate to provide architectural services as
needed.
A one year extension of the agreement with MGP to provide Geographical Information
Services (GIS).
An extension of the engagement of Filippini Law Firm to provide economic development
legal services as needed.
A fifth and final contract option with Presstech for Newsletter Printing Services.
A second two year contract option with Americana Landscape for Landscaping services.
A third and final contract option with City Escape and Garden Design for right of way and
median mowing services.
A second year contract option with DataProse LLC for right of way and Utility Bill Printing
and Mailing Services.
B. R-2020-50 Resolution Approving Revisions to the Municipal GIS Partners(MGP)
Contract (Trustee Johnson) (Staff Contact: Brett Robinson)
SUMMARY: Staff recommends approving a resolution authorizing staff to make the
specified revisions to the Contract between the Village of Buffalo Grove and MGP for
Geographical Information Services. There is no cost associated with the changes.
C. 0-2020-88 Ordinance Amending Chapter 15.20 of the Buffalo Grove Fence Code
(Trustee Weidenfeld) (Staff Contact: Nicole Woods)
SUMMARY: The Village is proposing amendments to Section 15.20 of the Municipal
Code pertaining to fences. The proposed amendments address corner side yard
setbacks and six foot solid fences. The Planning & Zoning Commission recommended
approval. Staff concurs with this recommendation.
9. Ordinances and Resolutions
A. 0-2020-85 Ordinance Approving a Building Inspection Services Agreement (Trustee
Smith) (Staff Contact: Chris Stilling)
B. 0-2020-86 Ordinance Amending Section 15.04.020 of the Village Code Regarding
Recovery of Costs for Third Party Plan Review Services (Trustee Smith) (Staff Contact:
Chris Stilling)
C. 0-2020-87 Ordinance Amending Section 2.08 of the Village Code Regarding the
Appointment of a Building Commissioner (Trustee Smith) (Staff Contact: Chris Stilling)
D. 0-2020-89 Ordinance Approving Amendments to Section 15.36 of the Village Code
Concerning Rental Inspections (Trustee Smith) (Staff Contact: Nicole Woods)
E. 0-2020-90 Ordinance Approving Amendments to Section 1.16 of the Village Code
Concerning Fees for the Residential Rental Program (Trustee Smith) (Staff Contact:
Nicole Woods)
F. R-2020-51 Resolution to Submit an Illinois Transportation Enhancement Program
(ITEP) Funding Application (Trustee Stein) (Staff Contact: Kyle Johnson)
10. Unfinished Business
11. New Business
A. Approval of Contract Between the Village and Buffalo Grove Professional
Firefighter/Paramedic Association Local 3177, IAFF, AFL-CIO, CLC for the Period of May
1, 2020 - April 30, 2023 (Trustee Ottenheimer) (Staff Contact: Arthur Malinowski)
B. Award of Bid Cold Patch (Trustee Johnson) (Staff Contact: Brett Robinson)
C. Truth in Taxation Determination (Trustee Weidenfeld) (Staff Contact: Chris Black)
12. Questions From the Audience
Questions from the audience are limited to items that are not on the regular agenda. In
accordance with Section 2.02.070 of the Municipal Code, discussion on questions from the
audience will be limited to 10 minutes and should be limited to concerns or comments regarding
issues that are relevant to Village business. All members of the public addressing the Village
Board shall maintain proper decorum and refrain from making disrespectful remarks or comments
relating to individuals. Speakers shall use every attempt to not be repetitive of points that have
been made by others. The Village Board may refer any matter of public comment to the Village
Manager, Village staff or an appropriate agency for review.
13. Adjournment
The Village Board will make every effort to accommodate all items on the agenda by 10:30 p.m.
The Board, does, however, reserve the right to defer consideration of matters to another meeting
should the discussion run past 10:30 p.m.
The Village of Buffalo Grove, in compliance with the Americans with Disabilities Act, requests that
persons with disabilities, who require certain accommodations to allow them to observe and/or
participate in this meeting or have questions about the accessibility of the meeting or facilities,
contact the ADA Coordinator at 459-2525 to allow the Village to make reasonable
accommodations for those persons.
2.A
MINUTES OF THE REGULAR MEETING OF THE VILLAGE BOARD OF THE VILLAGE OF
BUFFALO GROVE HELD IN THE JEFFREY S. BRAIMAN COUNCIL CHAMBERS,
50 RAUPP BOULEVARD, BUFFALO GROVE, ILLINOIS, AND VIA AUDIO/VIDEO
CONFERENCING MONDAY, OCTOBER 19, 2020
CALL TO ORDER
President Sussman called the meeting to order at 7:30 P.M. This meeting is being conducted in person and via
audio and video conferencing.
ROLL CALL
Roll call indicated the following physically present: Trustees Stein, Weidenfeld, Ottenheimer, Johnson, and
Smith. President Sussman and Trustee Pike were present by audio/video conference.
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Also present in person and via audio/video were: Dane Bragg, Village Manager; Patrick Brankin, Village 2
Attorney, Chris Stilling, Deputy Village Manager; Evan Michel, Management Analyst; Brett Robinson, Director o
of Purchasing; Police Deputy Chief Eisenmenger; and Fire Chief Baker.
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APPROVAL OF MINUTES Q,
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Moved by Johnson, seconded by Stein, to approve the minutes of the September 21, 2020 Rescheduled Regular Q
Meeting. Upon roll call, Trustees voted as follows: 2
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
Moved by Ottenheimer, seconded by Weidenfeld, to approve the minutes of the October 5, 2020 Committee of
the Whole Meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
WARRANT 91320
Mr. Robinson read Warrant #1320. Moved by Weidenfeld, seconded by Johnson, to approve Warrant #1320 in
the amount of $5,098,319.56 authorizing payment of bills listed. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
VILLAGE PRESIDENT'S REPORT
Moved by Ottenheimer, seconded by Weidenfeld, to approve a Proclamation changing the name of the CRD to
the Rick Kahen Commission for Residents with Disabilities.
Board members recalled their memories of working with Rick Kahen and praised him for the contributions and
lasting impact that he had on the Village of Buffalo Grove, noting that he was a wonderful person and will be
missed by all who know him, as well as those whose lives he indirectly enhanced.
The Proclamation declaring that the Buffalo Grove Commission for Residents with Disabilities will hereby be
known as the Rick Kahen Commission for Residents with Disabilities was then read.
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Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
Moved by Weidenfeld, seconded by Ottenheimer, to pass Resolution No. 2020-49 extending Executive Order
2020-10.
Mr. Bragg reviewed the proposed resolution. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
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President Sussman congratulated Kyle Johnson, Civil Engineer, who has received the 2020 Young Government :3
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Civil Engineer of the Year award from the Illinois Chapter of the American Society of Civil Engineers.
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VILLAGE MANAGER'S REPORT
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Chief Baker reviewed the backgrounds of Lieutenant Bill Navarro, as well as new Firefighter/Paramedic a
Brian Chreneik and Firefighter/Paramedic Ken Whisler, after which all had their badges pinned on by family 0-
members. All three gentlemen were then congratulated by the audience and the Board. Q
Rotary Past President Shawn Collins noted that the Buffalo Grove Rotary Club presents the Firefighter of the
Year Award each year to recognize all of the hard work that the Fire Department provides to the residents of
Buffalo Grove. Chief Baker reviewed the career and accomplishments of Firefighter/Paramedic Gary Steadman
as he presented the 2019 Firefighter of the Year Award to him.
Deputy Chief Eisenmenger reviewed the Police Officer of the Year and Special Commendation Awards,
Rotary Past President Bill Donahue presented a brief history and purpose of Rotary, and summarized the career
and accomplishments of Sergeant Tony Montiel as he presented the 2019 Police Office of the Year Award to
Sergeant Montiel.
Deputy Chief Eisenmenger briefly commented on Investigator Brian Hansen's career with the Buffalo Grove
Police Department.
Mr. Donahue reviewed Investigator Hansen's career and highlighted specific accomplishments which earned
him the 2019 Special Commendation Award, as he presented the award to Investigator Hansen.
All of the honorees were then congratulated by the audience and the Board.
Melanie Santostefano, Rotary President, read a Proclamation declaring World Polio Day in Illinois to raise
awareness of Polio disease and in support of Polio Research Illinois' important efforts to improve the quality of
life of those who are battling this disease.
REPORTS FROM TRUSTEES
Trustee Ottenheimer read a letter from the Farmer's Market Committee summarizing their efforts to produce a
Farmer's Market every week during this difficult year, noting that 2020 attendance was the largest in the 11-year
history of the Farmer's Market, and they thanked the vendors, the volunteers and the community for their
support.
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2.A
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; there were no such requests.
Proclamation — Native American Heritage Month
Motion to approve a Proclamation designating November 2020 as Native American Heritage Month.
WAN Tower
Motion to approve the WAN Tower Project Change Order, authorizing the Village Manager to execute this
change order as it is in the best interests of the Village of Buffalo Grove.
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Resolution No. 2020-47 — Closed Session Minutes
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Motion to pass Resolution No. 2020-47, relating to the semi-annual review of Closed Session minutes, and c
noting that the minutes cited in the Resolution require confidentiality.
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Ordinance No. 2020-77 — 401 W. Dundee Road Q,
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Motion to pass Ordinance No. 2020-77, granting a sign variation for an electronic sign at 401 W. Dundee Road Q
for Kingswood Church.
Ordinance No. 2020-78 — Liquor Controls
Motion to pass Ordinance No. 2020-78, amending Chapter 5.20 — Liquor Controls rescinding the license for
Liquor City, Inc. at 765 S. Buffalo Grove Road.
Ordinance No. 2020-79 — Towing Fees
Motion to pass Ordinance No. 2020-79 amending Section 10.20.030 of the Municipal Code — Towing Fees.
Ordinance No. 2020-80 — No Parking
Motion to pass Ordinance No. 2020-80 Thompson Boulevard and Brandywyn Lane No Parking Signs.
Ordinance No 2020-81 — Adiudication Software
Motion to pass Ordinance No. 2020-81, DACRA E-Citation and Adjudication Software, authorizing the Village
Manager to execute an agreement with DACRA Tech LLC in a not -to -exceed amount of $25,800.00 per year,
pending review and approval of the agreement by the Village Attorney.
Moved by Smith, seconded by Ottenhenner, to approve the Consent Agenda. Upon roll call, Trustees voted as
follows on the amended Consent Agenda:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO. 2020-82 — TREE TRIMMING
Moved by Pike, seconded by Stein, to pass Ordinance No. 2020-82, authorizing the Village Manager to execute
a contract with Advanced Tree Care Inc. for tree trimming services at a not -to -exceed amount of $120,000.00 in
accordance with the Illinois Governmental Joint Purchasing Act, pending review and approval of the contract by
the Village Attorney.
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2.A
Mr. Robinson reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
October 14, 2020.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
ORDINANCE NO.2020-83 — FIRE FLEET SERVICES
Moved by Smith, seconded by Johnson, to pass Ordinance No. 2020-83, waiving bids and authorizing the
Village Manager to execute a contract with Fire Service Inc. for Fire Fleet Maintenance at a not -to -exceed
amount of $175,000.00 pending review and approval of the agreement by the Village Attorney.
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Mr. Robinson reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
October 14, 2020, after which he answered questions from the Board. o
Upon roll call, Trustees voted as follows: >
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AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike Q-
NAYS: 0 — None Q
Motion declared carried. 2
ORDINANCE NO. 2020-84 — PARKING LOT SNOW REMOVAL
Moved by Pike, seconded by Ottenheimer, to pass Ordinance No. 2020-84, waiving bids and authorizing the
Village Manager to execute a contract with Snow Systems for Parking Lot Snow Removal Services at a not -to -
exceed price of $110,000.00 pending review and approval of the agreement by the Village Attorney.
Mr. Robinson reviewed the proposed ordinance, details of which are contained in his memo to Mr. Bragg of
October 15, 2020, after which he answered questions from the Board.
Upon roll call, Trustees voted as follows on the motion:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
RESOLUTION NO. 2020-48 — ROAD SALT
Moved by Pike, seconded by Johnson, to pass Resolution No. 2020-48, authorizing the Village Manager to
purchase no less than 1,400 tons and no more than 2,100 tons of bulk rock salt from Cargill Inc. at a price not to
exceed $102,249.00 in accordance with the Illinois Governmental Joint Purchasing Act.
Mr. Robinson reviewed the proposed resolution, details of which are contained in his memo to Mr. Bragg of
October 14, 2020.
Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
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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 Johnson, seconded by Stein, to adjourn the meeting. Upon roll call, Trustees voted as follows:
AYES: 6 — Stein, Ottenheimer, Weidenfeld, Johnson, Smith, Pike
NAYS: 0 — None
Motion declared carried.
The meeting was adjourned at 8:26 P.M.
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Janet M. Sirabian, Village Clerk o
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APPROVED BY ME THIS 2nd DAY OF November 2020 0
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Village President
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3.A
Action Item : Approval of Warrant #1321
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
Total Warrant: $4,042,534.91
ATTACHMENTS:
• W#1321 Summary (PDF)
Trustee Liaison
Weidenfeld
Monday, November 2, 2020
Staff Contact
Chris Black, Finance
Updated: 10/29/2020 1:41 PM
Page 1
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3.A.a
VILLAGE OF BUFFALO GROVE WARRANT #1321
2-Nov-20
General Fund:
348,834.61
Parking Lot Fund:
0.00
Motor Fuel Tax Fund:
0.00
Debt Service Fund:
0.00
School & Park Donations
0.00
Capital Projects -Facilities:
0.00
Capital Projects -Streets:
85,299.99
Health Insurance Fund:
0.00
Facilities Development Debt Service Fund:
0.00
Retiree Health Savings (RHS):
0.00
Water Fund:
2,482,761.14
Buffalo Grove Golf Fund:
2,194.86
Arboretum Golf Fund:
5,782.03
Refuse Service Fund:
66,882.41
Information Technology Internal Service Fund:
505947.14
Central Garage Internal Service Fund:
12,128.88
Building Maintenance Internal Service Fund:
29,256.86
3,084,087.92
PAYROLL PERIOD ENDING 10/29/2020 958,446.99
958,446.99
TOTAL WARRANT #1321 4,042,534.91
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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4.A
Information Item : Proclamation Recognizing Veterans Day
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
N/A
A proclamation recognizing November 11, 2020 as Veterans Day in the Village of Buffalo Grove.
ATTACHMENTS:
• Vets Day Proc(DOCX)
Trustee Liaison
Sussman
Monday, November 2, 2020
Staff Contact
Evan C Michel, Office of the Village Manager
Updated: 10/29/2020 1:56 PM
Page 1
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Village of Buffalo Grove
Proclamation Recognizing Veterans Day
WHEREAS, the greatest acknowledgement of our freedom is to honor our armed forces veterans
who have sacrificed and in many instances paid the ultimate price for our freedom; and
WHEREAS, Buffalo Grove recognizes and respects the numerous veterans in the community for
their many contributions; and
WHEREAS, we, along with millions of other Americans, can attest to the importance of their
sacrifices and contributions for our freedom and security; and
WHEREAS, both men and women of our armed forces continue to be an inspiration to all of us
through their demonstration of courage, leadership and commitment in service to our community
and country; and
WHEREAS, in 1975, Congress voted to make November 11, Veterans Day, in honor of our
veterans, living and dead, who served in the armed forces; and
WHEREAS, we in Buffalo Grove will always remember and pay homage to our military
community, both active and inactive, for their contribution, dedication and commitment to the 1
cause of our freedom.
NOW, THEREFORE, be it resolved that in observance of Veterans Day, Wednesday, November
11, 2021, Buffalo Grove proudly joins the rest of our nation to salute and give special honor and
recognition to the men and women who served us in our armed forces.
Proclaimed this 2nd day of November 2020.
Beverly Sussman
Village President
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5.B
Information Item : Announcement of 2021 Draft Budget
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends discussion.
The Draft 2021 Budget will be available for public inspection on the village's website at
www.vbg.org/budget on 11/3/2020.
Trustee Liaison
Weidenfeld
Monday, November 2, 2020
Staff Contact
Dane Bragg, Office of the Village Manager
Updated: 10/28/2020 11:17 AM
Page 1
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8.A
Action Item : Authorization to Execute Contract Extensions with
Multiple Vendors
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Staff recommends that the Village President and Board of Trustees authorize staff to execute
the following Contract extensions as listed below and further detailed in the attached memo.
An extension of the engagement of Wold Ruck Pate to provide architectural services as needed.
A one year extension of the agreement with MGP to provide Geographical Information Services (GIS).
An extension of the engagement of Filippini Law Firm to provide economic development legal services as
needed.
A fifth and final contract option with Presstech for Newsletter Printing Services.
A second two year contract option with Americana Landscape for Landscaping services.
A third and final contract option with City Escape and Garden Design for right of way and median mowing
services.
A second year contract option with DataProse LLC for right of way and Utility Bill Printing and Mailing
Services.
ATTACHMENTS:
• Contract Extensions Fall 2020 (DOCX)
Trustee Liaison
Weidenfeld
Monday, November 2, 2020
Staff Contact
Brett Robinson, Finance
Updated: 10/29/2020 8:19 AM
Page 1
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8.A.a
VILLACE OF
MEMORANDUM
DATE: October 29, 2020
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
SUBJECT: Fall Contract Extensions
Dane, Staff will bring the following recommendations for contract extensions before the Village Board as a
single item on November 2nd as has been done in the past.
Staff recommends that the Village President and Board of Trustees authorize staff to execute a 1 year
contract option with Wold Ruck Pate for Architectural Services to cover the period from February 28, 2021
to February 27, 2023. This work would be expected to continue to be done within the 2021 approved budget
amount. Prices are based upon Project Cost at 6.5% for new construction and 8.5% for renovations. These
services are only used as needed.
Staff recommends that the Village President and Board of Trustees authorize staff to execute a one year
contract option with Municipal GIS Partners, Inc. for Geographical Information Services to cover the period
from January 1, 2020 to December 31, 2020. No increase is expected and the base contract amount is set
at a not to exceed amount of $145,901.00
Staff recommends an extension of the engagement of Filippini Law Firm to provide economic development
legal services on an as needed basis.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the fifth year
contract option with Presstech, Inc., for Printing Services to cover the period from January 1, 2021 to
December 31, 2021.This work would be expected to continue to be done within the 2021 approved budget
amount. The base contract amount is set at a not to exceed amount of $24,475.
Staff recommends that the Village President and Board of Trustees authorize staff to execute the second
2 year contract option with Americana Landscape., for Landscape Services to cover the period from March
19, 2021 to March 19, 2023.This work would be expected to continue to be done within the 2021 approved
budget amount. The base contract amount is set at a not to exceed amount of $201,316
Staff recommends that the Village President and Board of Trustees authorize staff to execute the third and
final contract option with City Escape Garden and Design., for Right of Way and Median Mowing Services
to cover the period from March 19, 2020 to March 19, 2021.This work would be expected to continue to be
done within the 2021 approved budget amount. The base contract amount is set at a not to exceed amount
of $104,467
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8.A.a
Staff recommends that the Village President and Board of Trustees authorize staff to execute the second
year contract option with DataProse LLC., for Utility Bill Printing and Mailing Services to cover the period
from January 1, 2021 to December 31, 2021.This work would be expected to continue to be done within
the 2021 approved budget amount. The base contract amount is set at a not to exceed amount of $10,200
I have reviewed the performance of each of the above listed contractors/vendors with the staff from the
individual department responsible for managing each contract. Staff has reported back that each of the
above listed contractors has either met or exceeded the expectations of the contract.
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8.B
Resolution No. R-2020-50 : Resolution Approving Revisions to the
Municipal GIS Partners(MGP) Contract
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval of the revised agreement.
SUMMARY: Staff recommends approving a resolution authorizing staff to make the specified revisions to
the Contract between the Village of Buffalo Grove and MGP for Geographical Information Services. There
is no cost associated with the changes.
ATTACHMENTS:
• MGP Memo (DOCX)
• Resolution —Approving Revisions to MGP Contract (DOCX)
• MGP MASTER BuffaloGrovelL 2021 V03 (DOCX)
Trustee Liaison Staff Contact
Johnson Brett Robinson, Finance
Monday, November 2, 2020
Updated: 10/29/2020 2:08 PM Page 1
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8.B.a
VILLACE OF
MEMORANDUM
DATE: October 29, 2020
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
SUBJECT: GIS Consortium Service Provider Contract Revision
Background
The GIS Consortium Service Provider Contract document was originally adopted in January of 2015 and
recently revised on October 21, 2019. The Village has continued to use the selected service provider of the
Geographical Information Services Consortium, Municipal GIS Partners (MGP).
The changes to the contract are minimal and have been proposed in order to provide the Village with less
liability in the event of unforeseen global events.
Recommendation
Staff recommends approving a resolution adopting the revisions to GIS Consortium Service Provider
Contract.
Attachments:
Redline copy highlighting the changes to the GIS Consortium Service Provider Contract.
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8.B.b
RESOLUTION NO.2020-
A RESOLUTION APPROVING REVISIONS TO CONTRACT BETWEEN THE
VILAGE OF BUFFALO GROVE AND MUNICIPAL GIS PARTNERS
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970.
WHEREAS, Article VII, Section 10, of the 1970 Constitution of the State of Illinois, and
5 ILCS 220/1 et seq, of the Illinois Compiled Statutes, (1998), authorize and encourage
intergovernmental cooperation; and
WHEREAS, this Contract was entered into pursuant to the Intergovernmental
Cooperation provisions of Article VII, Section 10 of the 1970 Illinois Constitution and the
Intergovernmental Cooperation Act, 5 ILCS 220/1, et seq.; and
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. A responsibility exists to manage the geographical data that is a critical component
required to deliver government services, and the approval of the revisions to the GIS Consortium
Service Provider Contract will continue to allow Village staff to manage such data. Staff seeks to
ensure proper usage and administration of the GIS program through the approval of the revised
GIS Consortium Service Provider Contract.
The Village President and Board of Trustees do hereby authorize staff to make revisions to, and
accept the GIS Consortium Service Provider Contract attached to this Resolution.
Section 2. This Resolution shall be in full force and in effect from and after its passage and
approval.
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8.B.b
AYES:
NAYS:
ABSENT:
PASSED: 2020
APPROVED:
ATTEST:
Village Clerk
Approved:
Village President
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8.B.b
MEMBERSHIP AGREEMENT FOR A GEOGRAPHIC
INFORMATION SYSTEM CONSORTIUM
This Agreement is entered into this day of , 20, by and between
the municipalities that have executed this Agreement pursuant to its terms (all municipalities are
collectively referred to as "Parties")
WITNESSETH:
WHEREAS, Section 10 of Article VII of the Illinois Constitution of 1970 and Section 3
of the Illinois Intergovernmental Cooperation Act authorize and encourage the entering into of
Intergovernmental Agreements between units of local government;
WHEREAS, the Parties desire to enter into an Intergovernmental Agreement setting forth
the responsibilities of the Parties with regard to the operation of a consortium to develop and
share geographic information system information;
WHEREAS, the Parties desire to limit the cost of developing geographic information
systems for their communities by participating in group training, joint purchasing and
development and innovation sharing;
NOW, THEREFORE, in consideration of the mutual covenants of this Agreement and
other good and valuable consideration, the Parties agree as follows:
I. General Purpose
The general purpose of this Agreement is to provide for an organization through which
the Parties may jointly and cooperatively procure professional services for the establishment,
operation and maintenance of a geographic information system for the use and benefit of the
Parties.
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II. Construction and Definitions
Section 1. The language in the text of this Agreement shall be interpreted in accordance
with the following rules of construction:
(a) The singular number includes the plural number and the plural the singular,
(b) The word "shall" is mandatory; the word "may" is permissive; and
(c) The masculine gender includes the feminine and neuter
Section 2. When the following words and phrases are used, they shall, for the purposes of
this Agreement, have the meanings respectively ascribed to them in this Section, except when the
context otherwise indicates.
(a) "GEOGRAPHIC INFORMATION SYSTEM CONSORTIUM" or "GISC" means
the organization created pursuant to this Agreement.
(b) "GIS," means geographic information system.
(c) "BOARD" means the Board of Directors of GISC, consisting of one (1) Director
(and one (1) alternate Director) from each governmental unit, which is a member
of GISC.
(d) "CORPORATE AUTHORITIES" means the governing body of the member
governmental unit.
(e) "MEMBER" means a Governmental Unit, which enters into this Agreement and
is, at any specific time not in default as set forth in this Agreement.
(f) "FORMER MEMBER" means any entity, which was once a Member, but has
either withdrawn from GISC or whose membership was terminated pursuant to
this Agreement.
(g) "UNIT OF LOCAL GOVERNMENT" or "GOVERNMENTAL UNIT" means
and includes any political subdivision of the State of Illinois or any department or
agency of the state government or any city, village or any taxing body.
(h) "SOFTWARE" means computer programs, form designs, user manuals, data
specifications and associated documentation.
(i) "SERVICE PROVIDER" means any professional services firm(s) that GISC
designates as the firm(s) to establish, operate, maintain or support geographic
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information systems, for the Members.
(j) "SECONDARY SERVICE PROVIDER" means a Service Provider not limited to
a supplier of software, hardware, mapping or other services.
(k) "INTELLECTUAL PROPERTY" means any and all software, data or maps
generated by or for GISC. Such intellectual property shall be considered
privileged and confidential trade secrets and shall constitute valuable formulae,
design and research data or which Members have given substantial consideration.
III. Membership
Section 1. Any Governmental Unit may be eligible to become a member of GISC.
Section 2. A Governmental Unit desiring to be a member shall execute a counterpart of
this Agreement and shall pay initial membership dues of a minimum of Four Thousand Dollars
($4,000) and a maximum of Twenty Thousand Dollars ($20,000) to be pro -rated in accordance
with the formula contained in Exhibit A. Payment shall be made to the Secretary -Treasurer, or
equivalent, of GISC to offset the cost of the legal and administrative expenses of the formation,
operation and administration of GISC.
Section 3. Members shall enter into a GIS service contract, with the Service Provider
substantially conforming with the agreement attached in Exhibit B or as modified by the GISC
Board, within one (1) year of signing this Agreement. Members are expected to enter into any
agreements with Secondary Service Providers deemed necessary for the functioning of GISC
within a reasonable time as determined by the Board of Directors. Members shall be subject to
the provisions of this Agreement, including but not limited to Article XIV.
Section 4. Any Governmental Unit desiring to enter into this Agreement may do so by
the duly authorized execution of a counterpart of this Agreement by its proper officers.
Thereupon, the clerk or other corresponding officer of the Governmental Unit shall file a duly
executed copy of the Agreement, together with a certified copy of the authorizing resolution or
other action, with the GISC President. The resolution authorizing the execution of the
Agreement shall also designate the first Director and alternate for the Member.
Section 5. The Charter Members shall be the Members consisting of Glencoe, Highland
Park, Lincolnshire and Park Ridge.
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Section 6. Any Member joining GISC agrees, upon joining, that if it is to become a
Former Member, it will be bound by all of the obligations of a Former Member as set forth in this
Agreement.
Section 7. Former members will require a favorable vote of two-thirds (2/3) majority of
the Board of Directors in order to rejoin the GISC.
IV. Board of Directors
Section 1. The governing body of GISC shall be its Board of Directors. Each Member
shall be entitled to one (1) Director, who shall have one (1) vote.
Section 2. Each Member shall also be entitled to one Alternate Director who shall be
entitled to attend meetings of the Board and who may vote in the absence of the Member's
Director.
Section 3. The Corporate Authorities of each Member shall appoint Directors and
Alternate Directors. In order for GISC to develop data processing and management information
systems of maximum value to Member Governmental Units, the Members shall appoint, as their
Director and Alternate, a chief administrative officer, a department head and employees with
significant management responsibility and experience. Directors and Alternates shall serve
without compensation from GISC.
Section 4. A vacancy shall immediately occur in the office of any Director upon his
resignation, death, removal by the Corporate Authorities of the Member, or ceasing to be an
employee of the Member.
Article.
V. Powers and Duties of the Board
Section 1. The powers and duties of the Board shall include the powers set forth in this
Section 2. It shall take such action, as it deems necessary and appropriate to accomplish
the general purposes of the organization in negotiating with a Service Provider to determine
annual rates and usage levels for the members and other ancillary powers to administer GISC
Section 3. It may establish and collect membership dues.
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Section 4. It may establish and collect charges for its services to Members and to others.
Section 5. It may exercise any other power necessary and incidental to the
implementation of its powers and duties.
VI. Officers
Section 1. The officers of the Executive Board and their powers and duties are defined in
the By -Laws.
VII. Financial Matters
Section 1. The fiscal year of GISC shall be the calendar year.
Section 2. An annual budget for the next fiscal year shall be adopted by the Board at the
annual meeting by December 31 st of each year. Copies shall be provided to the chief
administrative officer of each Member.
Section 3. The Board shall have authority to adjust cost sharing charges for all Members
in an amount sufficient to provide the funds required by the budgets of GISC.
Section 4. Billings for all charges shall be made by the Board and shall be due when
rendered. Any Member whose charges have not been paid within 90 days after billing shall be in
default and shall not be entitled to further voting privileges or to have its director hold any office
on the Board and shall not use any GISC facilities or programs until such time as such Member is
no longer in default. Members in default shall be subject to the provisions within this
Agreement. In the event that such charges have not been paid within 90 days of such billing,
such defaulting Member shall be deemed to have given, on such 90th day, notice of withdrawal
from membership. In the event of a bona fide dispute between the Member and the Board as to
the amount which is due and payable, the member shall nevertheless make such payment in order
to preserve its status as a Member, but such payment may be made under protest and without
prejudice to its right to dispute the amount of the charge and to pursue any legal remedies
available to it. Withdrawal shall not relieve any such Member from its financial obligations as
set forth in this Agreement.
Section 5. Nothing contained in this Agreement shall prevent the Board from charging
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nonmembers for services rendered by GISC, on such basis, as the Board shall deem appropriate.
Section 6. It is anticipated that certain Members may be in a position to extend special
financial assistance to GISC in the form of grants. The Board may credit any such grants against
any charges, which the granting Member would otherwise have to pay. The Board may also
enter into an agreement, as a condition to any such grant, that it will credit all or a portion of such
grant towards charges, which have been made or in the future may be made against one or more
specified Members.
Section 7. The Board, in accordance with procedures established in the By -Laws may
expend board funds. The Board must authorize all expenditures by simple majority.
VIIL Termination of Membership
Section 1. Failure to enter into an agreement with the Service Provider within one (1)
year of GISC's designation of the Service Provider shall be cause for the termination of
membership. A 30-day written notice will be given to a Member that fails to enter into an
agreement with the Service Provider as provided in this Section. Upon the failure to enter into an
agreement at the end of the thirty -day (30) notice period, its membership shall be terminated.
Section 2. Failure to enter into an agreement within thirty 30 days of expiration of the
previous agreement with Service Provider shall result in membership termination.
Section 3. A member may be terminated for cause based on an affirmative vote of two-
thirds (2/3) of the Board of Directors.
Section 4. Upon termination of any Member, the Member shall be responsible for:
(a) All of its pro -rated share of any obligations;
(b) Its share of all charges to the effective date of termination; and
(c) Any contractual obligations it has separately incurred with GISC or the Service
Provider.
Section 5. A Member terminated from membership at a time when such termination does
not result in dissolution of GISC, shall forfeit its claim to any assets of GISC. Any terminated
Member shall be subject to the provisions described elsewhere in this agreement.
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IX. Withdrawal
Section 1. Any Member may at any time give written notice of withdrawal from GISC.
The nonpayment of charges as set forth in this Agreement or the refusal or declination of any
member to be bound by any obligation to GISC shall constitute written notice of withdrawal.
(a) Actual withdrawal shall not take effect for a period of six (6) months from the date
of such notification.
(b) Upon effective withdrawal the withdrawing member shall continue to be
responsible for:
(1) All of its pro -rated share of any obligations;
(ii) Its share of all charges to the effective date of termination;
(iii) Any contractual obligations it has separately incurred with GISC or the
Service Provider(s).
Section 2. A Member withdrawing from membership at a time when such withdrawal
does not result in dissolution of GISC shall forfeit its claim to any assets of GISC. Any Member
that withdraws shall be subject to the provisions of this Agreement. In addition, any Member
withdrawing shall promptly remove, at its own expense, any and all software, maps or other data
that was not developed exclusively for the Member's benefit, except under terms as provided for
elsewhere in this Agreement. The withdrawing Member shall, within thirty (30) days of
withdrawal, file a certification with the Board, verifying compliance with this Section.
X. Dissolution
Section 1. GISC shall be dissolved whenever:
(a) A sufficient number of Members withdraw from GISC to reduce the total number
of Members to less than two (2) or
(b) By two-thirds (2/3) vote of all Directors.
Section 2. In the event of dissolution, the Board shall determine the procedures necessary
to affect the dissolution and shall provide for the taking of such measures as promptly as
circumstances permit subject to the provisions of this Agreement.
Section 3. Upon dissolution, after payment of all obligations the remaining assets of
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GISC shall be distributed among the then existing Members in proportion to their contributions
to GISC during the entire period of such Member's membership, as determined by the Board.
The computer software that GISC developed for its membership shall be available to the
Members, subject to such reasonable rules and regulations, as the Board shall determine.
Section 4. If, upon dissolution, there is an organizational deficit, such deficit shall be
charged to and paid by the Members and Former Member in accordance with obligations as
described in Article IX on a pro-rata basis, the pro-rata basis is calculated from the Members'
contributions to GISC during the two (2) years preceding the date of the vote to dissolve.
Section 5. In the event of dissolution the following provisions shall govern the
distribution of computer software owned by GISC:
(a) All such software shall be an asset of GISC.
(b) A Member may use any software developed during its membership in accordance
with this agreement, upon:
(i) Paying any unpaid sums due GISC,
(ii) Paying the costs of taking such software, and
(iii) Complying with reasonable rules and regulations of the Board relating to
the taping and use of such software. Such rules and regulations may
include a reasonable time within which any Member must take such
software.
XI. General Conditions
Section 1. Notice. All notices hereunder shall be in writing, and shall be deemed given
when delivered in person or by United States certified mail, with return receipt requested, and if
mailed, with postage prepaid. All notices shall be addressed as follows:
If to GISC:
President of GISC
With a copy to the GISC Secretary -Treasurer, or equivalent.
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If to Member:
Each party shall have the right to designate other addresses for service of notices,
provided notice of change of address is duly given.
Section 2. The Parties certify that they are not barred from entering into this Agreement
as a result of violations of either Section 33E-3 or Section 33E-4 of the Illinois Criminal Code
and that they each have a written sexual harassment policy in place in full compliance with 775
II CS 5i2-105(A)(4).
XIL Duration
This agreement shall continue in effect indefinitely, until terminated in accordance with its terms
or until GISC is dissolved.
XIII. Member Software Usage
Section 1. No Member or Former Member shall:
(a) Permit any other parties to use, modify, translate, reverse engineer, decompile,
disassemble (except to the extent applicable laws specifically prohibit such
restriction) or create derivative works based on the software;
(b) Copy the software, unless part of normal backup procedures;
(c) Sell, rent, lease, license, give away or grant a security interest in or otherwise
transfer rights to the software; or
(d) Remove any proprietary notices or labels on the software without written
permission from the Board.
Section 2. In the event of default, withdrawal or termination of membership of a
Member, that Member may use, under license granted by the Board, any software developed
during its membership upon:
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(a) Paying to the Board any unpaid sums due GISC and
(b) Paying any reasonable costs established by the Board for licensing such software.
XIV. Service Provider
Section 1. For the purposes of this article, the Service Provider is defined as the Service Provider
and Secondary Service Provider.
Section 2. The term of any Service Provider shall be as set forth in the Service Provider
Agreement.
Section 3. The Board may at any time by a majority vote name a new Service Provider,
whose term shall begin at such time as the Board may authorize.
Section 4. A Service Provider's term shall be renewed upon such terms as the Board may
approve.
Section 5. The Board may terminate the services of a Service Provider at any time,
subject only to the Service Provider agreement.
Section 6. The Board may enter into agreements with more than one Service Provider if
it deems it appropriate to do so.
XV. Intellectual Property
Section 1. Members agree that no assignments, licenses, sales, authorization of reuse by
others, giveaways, transfer or any other grant of Intellectual Property rights will be made to any
third party without written permission from the Board.
Section 2. It is understood that this Agreement does not grant to any Member or any
employees, partners or other business associates thereof, any rights in any Intellectual Property or
any inherent protectable interests, except those specifically provided by this Agreement.
XVI. Execution of Agreement
This Agreement may be executed in any number of counterparts, each of which shall for all
purposes be deemed to be an original; and all such counterparts, or as many of them as GISC and
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the Members or additional Members shall preserve undestroyed, shall together constitute but one
and the same instrument.
THE REST OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
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EXHIBIT A
INITIAL MEMBERSHIP DUES FORMULA
Membership Fee = Basis x Allocation
Where: Basis = $20,000
Allocation = Calculated by Consortium for member based on size, density, and
other considerations
Fee Illustration
Allocation Membership Fee
--------------------------------------
0%
NA
20%
$4,000
30%
$6,000
40%
$8,000
50%
$10,000
60%
$12,000
70%
$14,000
80%
$16,000
90%
$18,000
100%
$20,000
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EXHIBIT B
GIS Consortium Service Provider Contract
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IN WITNESS WHEREOF, the undersigned have caused this Agreement for the Creation
of a Geographic Information System Consortium to be executed in the Members respective
name, and have caused this Agreement for the Creation of a Geographic Information System
Consortium to be attested, all by their duly authorized officers and representatives, and have
caused the Agreement for the Creation of a Geographic Information System Consortium to be
dated this day of, 20
C
Its:
ATTEST:
Village/City Clerk
Seal
of
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GIS CONSORTIUM SERVICE PROVIDER CONTRACT
This contract (this "Contract") made and entered into this 1st day of January, 2021 (the
"Effective Date"), by and between the Village of Buffalo Grove, an Illinois municipal corporation
(hereinafter referred to as the "Municipality"), and Municipal GIS Partners, Incorporated, 701 Lee
Street, Suite 1020, Des Plaines, Illinois 60016 (hereinafter referred to as the "Consultant").
WHEREAS, the Municipality is a member of the Geographic Information System
Consortium ("GISC");
WHEREAS, the Consultant is a designated service provider for the members of GISC and
is responsible for providing the necessary professional staffing resource support services as more
fully described herein (the "Services") in connection with the Municipality's geographical
information system ("GIS");
WHEREAS, the Municipality desires to engage the Consultant to provide the Services on
the terms set forth herein; and
WHEREAS, the Consultant hereby represents itself to be in compliance with Illinois
statutes relating to professional registration applicable to individuals performing the Services
hereunder and has the necessary expertise and experience to furnish the Services upon the terms
and conditions set forth herein.
NOW, THEREFORE, in consideration of the foregoing and of the promises hereinafter
set forth, it is hereby agreed by and between the Municipality and the Consultant that:
SECTION I
SCOPE OF SERVICES
1.1 Statement of Work. This Contract contains the basic terms and conditions that will
govern the overall relationship between the Consultant and the Municipality. The Consultant will
provide the Services described in the statement of work attached hereto as Attachment 1
("Statement of Work"), which shall become a part of and subject to this Contract.
1.2 Supplemental Statements of Work. Any additional services to be performed by the
Consultant may be added to this Contract after the Effective Date by the mutual agreement of the
parties, which agreement will be evidenced by mutual execution of a Supplemental Statement of
Work which shall also be subject to the terms and conditions set forth in this Contract, substantially
in the form attached hereto as Exhibit A.
1.3 Additional Compensation. If the Consultant wishes to make a claim for additional
compensation as a result of action taken by the Municipality, the Consultant shall give written
notice of its claim within fifteen (15) days after occurrence of such action. Regardless of the
decision of the Municipality Manager relative to a claim submitted by the Consultant, all work
required under this Contract as determined by the Municipality Manager shall proceed without
interruption.
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1.4 Contract Governs. If there is a conflict between the terins of this Contract and the
Statement of Work or any Supplemental Statement of Work, unless otherwise specified in such
Statement of Work, the terms of this Contract shall supersede the conflicting provisions contained
in such Statement of Work.
SECTION 2
PERFORMANCE OF WORK
2.1 All work hereunder shall be performed under the direction of the
[CITYIMUNICIPALITY MANAGER] or his designee (hereinafter referred to as the
"Municipality Manager") in accordance with the terms set forth in this Contract and each relevant
Statement of Work.
SECTION 3
RELATIONSHIP OF PARTIES
3.1 Independent Contractor. The Consultant shall at all times be an independent
contractor, engaged by the Municipality to perform the Services. Nothing contained herein shall
be construed to constitute a partnership, joint venture or agency relationship between the parties.
3.2 Consultant and Employ. Neither the Consultant nor any of its employees shall
be considered to be employees of the Municipality for any reason, including but not limited to for
purposes of workers' compensation law, Social Security, or any other applicable statute or
regulation.
3.3 No Authority to Bind. Unless otherwise agreed to in writing, neither party hereto
has the authority to bind the other to any third party or to otherwise act in any way as the
representative of the other.
SECTION 4
PAYMENT TO THE CONSULTANT
4.1 Payment Terms. The Municipality agrees to pay the Consultant in accordance with
the terms and amounts set forth in the applicable Statement of Work, provided that:
(a) The Consultant shall submit invoices in a format approved by the
Municipality.
(b) The Consultant shall maintain records showing actual time devoted to each
aspect of the Services performed and cost incurred. The Consultant shall permit the authorized
representative of the Municipality to inspect and audit all data and records of the Consultant for
work done under this Contract. The Consultant shall make these records available at reasonable
times during this Contract period, and for a year after termination of this Contract.
(c) The service rates and projected utilization set forth in the applicable
Statement of Work shall adjust each calendar year in accordance with the annual rates approved
by the Board of Directors of GISC which shall be reflected in a Supplemental Statement of Work.
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(d) Payments to the Consultant shall be made pursuant to the Illinois Local
Government Prompt Payment Act (50 ILCS 50511 et seq.).
4.2 Service Rates. The service rates set forth in the Statement of Work and
Supplemental Statement of Work include 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 of, 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
Consultant.
SECTION 5
TERM
5.1 Initial Term. Subject to earlier termination pursuant to the terms of this Contract,
the initial term of this Contract shall commence on the Effective Date and remain in effect for 3
year(s) (the "Initial Term").
5.2 Renewal Terms. The Initial Term may be extended for successive one (1) year
periods or for any other period as mutually agreed to in writing and set forth in a Supplemental
Statement of Work executed by both parties (each, a "Renewal Term").
SECTION 6
TERMINATION OF CONTRACT
6.1 Voluntary Termination. Notwithstanding any other provision hereof, the
Municipality may terminate this Contract during the Initial Term or any Renewal Term, with or
without cause, at any time upon ninety (90) calendar days prior written notice to the Consultant.
The Consultant may terminate this Contract or additional Statement of Work, with or without
cause, at any time upon one hundred eighty (180) calendar days prior written notice to the
Municipality.
6.2 Termination for Breach. Either party may terminate this Contract upon written
notice to the other party following a material breach of a material provision of this Contract by the
other party if the breaching party does not cure such breach within fifteen (15) days of receipt of
written notice of such breach from the non -breaching party.
6.3 Payment for Services Rendered. In the event that this Contract is terminated in
accordance with this Section 6, the Consultant shall be paid for services actually performed and
reimbursable expenses actually incurred.
SECTION 7
CONSULTANT PERSONNEL AND SUBCONTRACTORS
7.1 Adequate Staffing. The Consultant must assign and maintain during the term of
this Contract and any renewal thereof, an adequate staff of competent employees, agents, or
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subcontractors ("Consultant Personnel") that is fully equipped, licensed as appropriate and
qualified to perform the Services as required by the Statement of Work or Supplemental Statement
of Work.
7.2 Availability of Personnel. The Consultant shall notify the Municipality as soon as
practicable prior to terminating the employment of, reassigning, or receiving notice of the
resignation of, any Consultant Personnel assigned to provide the Municipality with the Services.
The Consultant shall have no claim for damages and shall not bill the Municipality 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.
7.3 Use of Subcontractors. The Consultant's use of any subcontractor or subcontract
to perform the Services shall not relieve the Consultant of full responsibility and liability for the
provision, performance, and completion of the Services as required by this Contract. All Services
performed under any subcontract shall be subject to all of the provisions of this Contract in the
same manner as if performed by employees of the Consultant. For purposes of this Contract, the
term "Consultant" shall be deemed to refer to the Consultant and also to refer to all subcontractors
of the Consultant.
7.4 Removal of Personnel and Subcontractors. Municipality may, upon written notice
to Consultant, request that any Consultant Personnel be removed or replaced. Consultant shall
promptly endeavor to replace such Consultant Personnel and Municipality shall have no claim for
damages for a delay or extension of the applicable Statement of Work as a result of any such
removal or replacement.
7.5 Non -Solicitation of Consultant Employ. The Municipality agrees that during the
term of this Contract and for a period of one (1) year thereafter, it shall not, directly or indirectly,
through any other person, firm, corporation or other entity, solicit, induce, encourage or attempt to
induce or encourage any employee of the Consultant to terminate his or her employment with the
Consultant or to breach any other obligation to the Consultant. The Municipality acknowledges
that the aforementioned restrictive covenant contained in this Section is reasonable and properly
required for the adequate protection of the Consultant's business.
SECTION 8
ACCOMMODATION OF CONSULTANT PERSONNEL; MUNICIPAL FACILITIES
8.1 Facilities, Equipment, and Records. The Municipality shall provide the Consultant
with adequate office space, furnishings, records, hardware, software and connectivity to fulfill the
objectives of the GIS program. Facilities, equipment, and records include, but are not limited to,
the following:
(a) Office space for the Consultant's Personnel and periodic guests. This space
should effectively and securely house all required GIS systems, peripherals and support tools. This
space must be available during normal business hours;
(b) Furnishings including adequate desk(s), shelving, and seating for the
Consultant's Personnel and periodic guests;
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(c) A telephone line and phone to originate and receive outside calls;
(d) A network connection with adequate speed and access to the Internet;
(e) Hardware, software, peripherals, and network connectivity to perform the
program objectives efficiently; and
(f) Any Municipality data, record, which is necessary for carrying out the work
as outlined in the Contract, Statement of Work or Supplemental Statement of Work.
8.2 Backup and Recovery Systems. The Municipality shall be responsible for
installing, operating and monitoring the backup and recovery systems for all Municipality GIS
assets that permit the Consultant to continue services within a reasonable period of time following
a disaster or outage.
8.3 Right of Entry; Limited Access. Consultant's Personnel performing Services shall
be permitted to enter upon the Municipality's property in connection with the performance of the
Services, subject to those rules established by the Municipality. Consent to enter upon a
Municipality's facility given by the Municipality shall not create, nor be deemed to imply, the
creation of any additional responsibilities on the part of the Municipality. Consultant's Personnel
shall have the right to use only those facilities of the Municipality that are necessary to perform
the Services and shall have no right to access any other facilities of the Municipality.
SECTION 9
CONFIDENTIAL INFORMATION; INTELLECTUAL PROPERTY; FOIA
9.1 Municipal Materials. The Consultant acknowledges and agrees that all trademarks,
service marks, logos, tradenames and images provided by or on behalf of the Municipality to the
Consultant for use in performing the Services and the GIS database (including tiles created from
the database) created by Consultant hereunder (the "Municipal Materials") are the sole and
exclusive property of the Municipality. The Consultant acknowledges that this Contract is not a
license to use the Municipal Materials except as needed to perform the Services hereunder.
9.2 Third -Party Materials. If applicable, to the extent the Consultant has agreed to
obtain and/or license Third -Party Materials on behalf of Municipality, the Consultant shall obtain
a license for Municipality to use the Third -Party Materials as part of the Services for the purpose
specified in the applicable Statement of Work. "Third -Party Materials" shall include, but are not
limited to, computer software, script or programming code or other materials owned by third
parties and/or any software available from third parties, that is licensed by Consultant for the
benefit of the Municipality.
9.3 GISC Materials. It is expressly understood that, excluding the Municipal Materials
and Third -Party Materials, all members of GISC and the Consultant may use or share in any
improvements or modifications incorporated into any computer software (in object code and
source code form), script or programming code used or developed by the Consultant in providing
Services hereunder (the "GISC Materials").
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(a) The Consultant herby grants the Municipality a limited, personal,
nontransferable, non-exclusive license to use the GISC Materials solely for the purpose of and in
connection with the Municipality's GIS. Upon expiration or termination of this Contract, or at
such time the Municipality is no longer a member of GISC or in breach of its obligations hereunder,
the Municipality shall not be entitled to or granted a license in future enhancements, improvements
or modifications in the GISC Materials. The Municipality may grant a sublicense to a third party
that the Municipality engages to maintain or update the GISC Materials in connection with the
Municipality's GIS; provided that such third party agrees in writing to be bound by the license
restrictions set forth in this Contract.
(b) The Municipality acknowledges that the Consultant is in the business of
providing staffing resource support services and that the Consultant shall have the right to provide
services and deliverables to third parties that are the same or similar to the services that are to be
rendered under this Contract, and to use or otherwise exploit any GISC Materials in providing such
services. The Municipality hereby grants to the Consultant, a royalty -free, non-exclusive,
irrevocable license throughout the world to publish modify, transfer, translate, deliver, perform,
use and dispose of in any manner any portion of the GISC Materials.
9.4 Confidential Information. In the performance of this Contract, the Consultant may
have access to or receive certain information in the possession of the Municipality that is not
generally known to members of the public ("Confidential Information"). The Consultant
acknowledges that Confidential Information includes, but is not limited to, proprietary
information, copyrighted material, educational records, employee data, financial information,
information relating to health records, resident account information, and other information of a
personal nature. Consultant shall not use or disclose any Confidential Information without the
prior written consent of the Municipality. Consultant will use appropriate administrative, technical
and physical safeguards to prevent the improper use or disclosure of any Confidential Information
received from or on behalf of the Municipality. Upon the expiration or termination of this
Contract, Consultant shall promptly cease using and shall return or destroy (and certify in writing
destruction of) all Confidential Information furnished by the Municipality along with all copies
thereof in its possession including copies stored in any computer memory or storage medium. The
term "Confidential Information" does not include information that (a) is or becomes generally
available to the public other than as a result of a breach of this Contract by the Consultant; (b) was
in the Consultant's or Consultant Personnel's possession on a non -confidential basis from any
source other than the Municipality, which source, to the knowledge of the Consultant, is entitled
to disclose such information without breach of any obligation of confidentiality; (c) is
independently developed by the Consultant without the use of or reference to, in whole or in part,
any Confidential Information; (d) required to be disclosed pursuant to a court order issued by a
court having jurisdiction thereof (subject to Section 9.5); or (e) information subject to disclosure
under FOIA (as defined below in Section 9.6). For avoidance of doubt, it is agreed that the GISC
Materials shall not be considered Confidential Information.
9.5 Dissemination of Confidential Information. Unless directed by the Municipality,
Consultant shall not disseminate any Confidential Information. If Consultant is presented with a
request for documents by any administrative agency or with a subpoena duces tecuin regarding
any Confidential Information which may be in Consultant's possession as a result of Services
provided under this Contract, unless prohibited by law, Consultant shall immediately give notice
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to the Municipality with the understanding that the Municipality shall have the opportunity to
contest such process by any means available to it prior to submission of any documents to a court
or other third party. Consultant shall not be obligated to withhold delivery of documents beyond
the time ordered by a court of law or administrative agency, unless the request for production or
subpoena is quashed or withdrawn, or the time to produce is otherwise extended. Consultant shall
cause its personnel, staff and subcontractors, if any, to undertake the same obligations regarding
confidentiality and dissemination of information as agreed to by Consultant under this Contract.
9.6 Freedom of Information Act Requests. Within five (5) business days after the
Municipality's Notice to the Consultant of the Municipality's receipt of a request made pursuant
to the Illinois Freedom of Information Act (ILCS 140/1 et seq. — herein "FOIA"), the Consultant
shall furnish all requested records in the Consultant's possession which are in any manner related
to this Contract or the Consultant's performance of the Services, including but not limited to any
documentation related to the Municipality and associated therewith. The Consultant shall not
apply any costs or charge any fees to the Municipality or any other person, firm or corporation for
its procurement and retrieval of such records in the Consultant's possession which are sought to
be copied or reviewed in accordance with such FOIA request or requests. The Consultant shall
defend, indemnify and hold harmless the Municipality including its several departments and
including its officers and employees and shall pay all of the Consultant's Costs associated with
such FOIA request or requests including Costs arising from the Consultant's failure or alleged
failure to timely furnish such documentation and/or arising from the Consultant's failure or alleged
failure otherwise to comply with the FOIA, whether or not associated with the Consultant's and/or
the Municipality's defense of any litigation associated therewith. In addition, if the Consultant
requests the Municipality to deny the FOIA request or any portion thereof by utilizing one or more
of the lawful exemptions provided for in the FOIA, the Consultant shall pay all Costs in connection
therewith. As used herein, "in the Consultant's possession" includes documents in the possession
of any of the Consultant's officers, agents, employees and/or independent contractors; and "Costs"
includes but is not limited to attorneys' fees, witness fees, filing fees and any and all other expenses
whether incurred by the Municipality or the Consultant.
9.7 News Releases. The Consultant may not issue any news releases without prior
approval from the Municipality Manager nor will the Consultant make public proposals developed
under this Contract without prior written approval from the Municipality Manager.
SECTION 10
LIMITATION OF LIABILITY
10.1 THE REPRESENTATIONS SET FORTH IN THIS CONTRACT ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO ANY FITNESS FOR A PARTICULAR PURPOSE OR ANY IMPLIED
WARRANTIES ARISING FROM TRADE USAGE, COURSE OF DEALING OR COURSE OF
PERFORMANCE. UNDER NO CIRCUMSTANCES SHALL EITHER THE CONSULTANT
OR THE MUNICIPALITY BE LIABLE TO THE OTHER FOR ANY INDIRECT,
CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, INCLUDING LOST SALES
OR PROFITS, IN CONNECTION WITH THIS CONTRACT, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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SECTION 11
CONSULTANT WARRANTY; INDEMNIFICATION; INSURANCE
11.1 Warranty of Services. The Consultant warrants that the Services shall be performed
in accordance with industry 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
the Effective Date. Unless expressly excluded by this Contract, the warranty expressed shall be in
addition to any other warranties expressed in this Contract, or expressed or implied by law, which
are hereby reserved unto the Municipality.
11.2 Indemnification. The Consultant shall indemnify and save harmless the
Municipality and its officers, employees, and agents from and against any and all loss, liability
and damages of whatever nature, including Workmen's Compensation claims by Consultant's
employees, in any way resulting from or arising out of the negligent actions or omissions of the
Consultant, the Consultant's employees and agents.
11.3 Insurance. The Consultant must procure and maintain, for the duration of this
Contract, insurance as provided in Attachment 2 to this Contract.
11.4 No Personal Liability No official, director, officer, agent, or employee of any party
shall be charged personally or held contractually liable by or to the other party under any term or
provision of this Contract or because of its or their execution, approval or attempted execution of
this Contract.
SECTION 12
GENERAL PROVISIONS
12.1 Equal Employment Opportunity Clause. In the event of the Consultant's non-
compliance with the provisions of this Section 12.1 or the Illinois Human Rights Act, 775 ILCS
511-101, et seq., as it may be amended from time to time, and any successor thereto (the "Act"),
the Consultant may be declared ineligible for future contracts or subcontracts with the State of
Illinois or any of its political subdivisions or municipal corporations, and this Contract may be
cancelled or voided in whole or in part, and other sanctions or penalties may be imposed or
remedies invoked as provided by statute or regulation. During the performance of this Contract,
the Consultant agrees as follows:
(a) The Consultant will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, marital status, order of
protection status, national origin or ancestry, citizenship status, age, physical or mental disability
unrelated to ability, military status or an unfavorable discharge from military service; and, further,
the Consultant will examine all job classifications to determine if minority persons or women are
underutilized and will take appropriate affirmative action to rectify any underutilization.
(b) That, if the Consultant hires additional employees in order to perform this
Contract or any portion of this Contract, the Consultant will determine the availability (in
accordance with 44111. Admin. C. 750.5, et seq., as it may be amended from time to time, and any
successor thereto (the "Applicable Regulations")) of minorities and women in the areas from
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which the Consultant may reasonably recruit and the Consultant will hire for each j ob classification
for which employees are hired in a way that minorities and women are not underutilized.
(c) That, in all solicitations or advertisements for employees placed by the
Consultant or on the Consultant's behalf, the Consultant will state that all applicants will be
afforded equal opportunity without discrimination because of race, color, religion, sex, sexual
orientation, marital status, order of protection status, national origin or ancestry, citizenship status,
age, physical or mental disability unrelated to ability, military status or an unfavorable discharge
from military service.
(d) That the Consultant will send to each labor organization or representative
of workers with which the Consultant has or is bound by a collective bargaining or other agreement
or understanding, a notice advising the labor organization or representative of the Consultant's
obligations under the Act and the Applicable Regulations. If any labor organization or
representative fails or refuses to cooperate with the Consultant in the Consultant's efforts to
comply with the Act and the Applicable Regulations, the Consultant will promptly notify the
Illinois Department of Human Rights (the "Department") and the Municipality and will recruit
employees from other sources when necessary to fulfill its obligations under the Contract.
(e) That the Consultant will submit reports as required by the Applicable
Regulations, furnish all relevant information as may from time to time be requested by the
Department or the Municipality, and in all respects comply with the Act and the Applicable
Regulations.
(f) That the Consultant will permit access to all relevant books, records,
accounts and work sites by personnel of the Municipality and the Department for purposes of
investigation to ascertain compliance with the Act and the Department's Rules and Regulations.
(g) That the Consultant will include verbatim or by reference the provisions of
this Section 12.1 in every subcontract awarded under which any portion of the Contract obligations
are undertaken or assumed, so that the provisions will be binding upon the subcontractor. In the
same manner as with other provisions of this Contract, the Consultant will be liable for compliance
with applicable provisions of this Section 12.1 by subcontractors; and further the Consultant will
promptly notify the Municipality and the Department in the event any subcontractor fails or refuses
to comply with the provisions. In addition, the Consultant will not utilize any subcontractor
declared by the Illinois Human Rights Commission to be ineligible for contracts or subcontracts
with the State of Illinois or any of its political subdivisions or municipal corporations.
12.2 No Collusion. The Consultant represents and certifies that the Consultant is not
barred from 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 Consultant
is contesting, in accordance with the procedures established by the appropriate revenue act, its
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
33E-4 of Article 33E of the Criminal Code of 1961, 720 ILCS 5/33E-1 et seq.
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12.3 Sexual Harassment Policy. The Consultant 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 5i2-105(A)(4).
12.4 Compliance with Laws and Grants. Consultant 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 511-101 et seq. Consultant shall also comply with all conditions of any
federal, state, or local grant received by Municipality or Consultant with respect to this Contract
or the Services.
12.5 Assignments and Successors. This Contract and each and every portion thereof
shall be binding upon the successors and the assigns of the parties hereto; provided, however, that
no assignment, delegation or subcontracting shall be made without the prior written consent of the
Municipality.
12.6 Severability. The parties intend and agree that, if any paragraph, subparagraph,
phrase, clause, or other provision of this Contract, or any portion thereof, shall be held to be void
or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.
12.7 Third Party Beneficiary. No claim as a third party beneficiary under this Contract
by any person, firm, or corporation other than the Consultant shall be made or be valid against the
Municipality.
12.8 Waiver. No waiver of any provision of this Contract shall be deemed to or
constitute a waiver of any other provision of this Contract (whether or not similar) nor shall any
such waiver be deemed to or constitute a continuing waiver unless otherwise expressly provided
in this Contract.
12.9 Governing Laws. This Contract shall be interpreted according to the internal laws,
but not the conflict of laws rules, of the State of Illinois. Venue shall reside in Cook County,
Illinois.
12.10 Headings. The headings of the several paragraphs of this Contract are inserted only
as a matter of convenience and for reference and in no way are they intended to define, limit, or
describe the scope of intent of any provision of this Contract, nor shall they be construed to affect
in any manner the terms and provisions hereof or the interpretation or construction thereof.
12.11 Modification or Amendment. This Contract constitutes the entire Contract of the
parties on the subject matter hereof and may not be changed, modified, discharged, or extended
except by written amendment or Supplemental Statement of Work duly executed by the parties.
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8.B.c
Each party agrees that no representations or warranties shall be binding upon the other party unless
expressed in writing herein or in a duly executed amendment hereof.
12.12 Attachments and Exhibits. Attachments 1 and 2 and Exhibit A are attached hereto,
and by this reference incorporated in and made a part of this Contract. In the event of a conflict
between any Attachment or Exhibit and the text of this Contract, the text of this Contract shall
control. In the event of any conflict or inconsistency between the terms of this Contract and any
Supplemental Statement of Work, the terms of the Supplemental Statement of Work will govern
and control with respect to the term, projected utilization rates, service rates and scope of services.
12.13 Rights Cumulative. Unless expressly provided to the contrary in this Contract,
each and every one of the rights, remedies, and benefits provided by this Contract shall be
cumulative and shall not be exclusive of any other such rights, remedies, and benefits allowed by
law.
12.14 Good Faith Negotiation. Before commencing any legal action, the parties agree to
enter into good faith negotiations to resolve any controversy, claim, or dispute ("Dispute"). Such
good faith negotiations shall commence promptly upon a party's receipt of notice of any Dispute
from the other party and continue for a period of fourteen (14) days or any period of time as
mutually agreed upon.
12.15 Notices. All notices, reports and documents required under this Contract shall be in
writing (including prepaid overnight courier, electronic transmission or similar writing) and shall
be given to such party at its address or e-mail address set forth below, or at such other address or
e-mail address as such party may hereafter specify from time to time. Each such notice shall be
effective (i) if given by first class mail or prepaid overnight courier, when received, or (ii) if sent
to an e-mail address, upon the sender's receipt of an acknowledgment from the intended recipient
(such as by the "return receipt requested" function, as available, return e-mail or other written
acknowledgment).
If to Municipality: Village of Buffalo Grove
Brett Robinson
Fifty Raupp Blvd
Buffalo Grove, IL 60089-2196
Attention: Brett Robinson
E-mail: brobinson@vbg.org
If to Consultant: Municipal GIS Partners, Incorporated
Thomas A. Thomey
701 Lee Street, Suite 1020
Des Plaines, IL 60016
Attention: Thomas Thomey
E-mail: tthomey@mgpinc.com
12.16 Force Majeure. No party to this Contract shall be responsible or liable for, or
deemed in breach hereof because of, any delay in the performance of its respective obligations
under this Contract to the extent that such delay is due substantially to circumstances beyond the
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8.B.c
party's reasonable control and without the fault or negligence of the party experiencing such delay.
Such circumstances may include, but are not limited to, any act of God, fire or other casualty,
epidemic, quarantine, "stay home" or similar order, strike or labor dispute, embargo, war or
violence, act of terrorism, or any law, order, proclamation, ordinance, demand, requirement, action
or inaction of any national, state, provincial, local, or other government or governmental agency
(each, a "Force Majeure"). Upon the occurrence of a Force Majeure, the party experiencing the
Force Majeure shall notify the other party in writing immediately following such Force Majeure,
but in no case later than three (3) business days after such party becomes aware of the occurrence
of the Force Majeure. The written notification shall provide a reasonably detailed explanation of
the Force Majeure.
12.17 Counterpart Execution. This Contract, Statement of Work or any Supplemental
Statement of Work 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.
12.18 Tort Immunity I3efenses. Nothing contained in the Contract is intended to
constitute, and nothing in the Contract will constitute, a waiver of the rights, defenses, and
immunities provided or available to the Municipality under the Local Governmental and
Governmental Employees Tort Immunity act, 745 ILCS 10 et seq. or any other applicable State
law.
[REMAINDER INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS]
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8.B.c
IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as
of the date first above written.
ATTEST:
By:
Name:_
Its:
ATTEST:
By: ..�
Name: Donna T ey
Its: Management Support Specialist
VILLAGE OF BUFFALO GROVE
By:_
Name:
Its:
CONSULTANT:
MUNICIPAL GIS PARTNERS,
INCORPORATED
Y
Name: Thomas Thomey
Its: President and General Manager
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8.B.c
Attachment 1
Statement of Work
to
GIS Consortium Service Provider Contract
1) General Purpose. The Consultant will perform all or part of the Municipality's
geographic information system (GIS) management, development, operation, and maintenance. In
addition to supporting the existing GIS program, the Consultant will identify opportunities for
continued development and enhancement.
The Municipality will be sharing management, development, maintenance expertise and
staffing with other municipalities as a member of the Geographic Information System Consortium
(GISC). The benefits to the Municipality include, but are not limited to, collective bargaining for
rates and services, shared development costs, and joint purchasing and training.
The Consultant is the sole Service Provider for GISC and is responsible for providing the
necessary GIS professional resources to support this entity. The Consultant will facilitate and
manage resource, cost, and technical innovation sharing among GISC members.
2) Service Types. The Consultant will provide two (2) service types. The intent of
this distinction is to track specific types of investment without overburdening general operation of
the GIS program. Many of these services will go unnoticed but are required to sustain the GIS
program. The Consultant will employ reasonable professional discretion when specific direction
is not provided. The two (2) services types are as follows:
A. Services related to the direct management, development, operation, and
maintenance of the GIS required to reasonably support the system.
B. Services relating to the investigation, research, and development of new
functionality and capability for the GIS Consortium and its members.
3) Services. The Consultant will provide the necessary resources to support the GIS
program. The allocation of these resources will be reasonably commensurate with the level of
expertise required to fulfill the specific task which includes, but is not limited to, the following:
A. Site Analyst provides the daily operation, maintenance, and support of the
program for the Municipality, either physically on -site or remotely (as reasonably detennined by
the Consultant after consultation with the Municipality with respect to its need). The Site Analyst
is responsible for database management and data quality, map and product development, user
training and help -desk, project identification and program documentation.
B. The Shared Analyst provides technical support to the Site Analyst and the
Municipality including trouble -shooting and project implementation. The Shared Analyst is
responsible for developing, testing, and managing the GISC shared solutions including the
standard data, model and processes, centralized databases, and software applications.
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8.B.c
C. The Client Account Manager is responsible for the coordination and
operation of the program for the Municipality including leadership alignment and reporting,
planning and budgeting, resource allocation, and performance management.
D. The Manager is responsible for the overall GISC program including the
development and implementation of new shared opportunities based on the direction and
instructions of the GISC Board of Directors.
4) Projected Utilization and Service Rates. The service rates set forth below are based
on, among other things, the negotiated annual projected utilization of all GISC members. The
Consultant shall negotiate annually with the Board of Directors (the "Board") of GISC to adjust
the annual projected utilization and service rates for the members of GISC. It is anticipated that
the Consultant will submit its proposed annual projected utilization and service rates (the
"Proposal") to the Board for approval every year on or about July 31 st. Upon the Board's approval
of the Proposal, the annual projected utilization and service rates shall become binding on the
Municipality and incorporated into this Contract by reference, which shall automatically become
effective on January 1st and remain in effect for the remainder of such calendar year. The
approved annual projected utilization and the service rates will be promptly distributed by the
Board or the Consultant to the Municipality. Notwithstanding the foregoing, in the event the
Board, for any reason whatsoever (including the Board being disbanded) does not approve the
Proposal, the Consultant may submit its proposed annual projected utilization and service rates
directly to the Municipality by no later than October 1st, and upon written approval by the
Municipality shall become effective on January 1st. Consultant agrees that, each year, the new
aggregate annual contract value for the Municipality will not exceed the greater of (i) cost -of -
living adjustments based on the CPI' measured as of the most recent CPI number available prior
to submitting the Proposal, or (ii) 3%. The GISC service and projected utilization rates set forth
below are effective as of the Effective Date until December 31 of such calendar year:
A. Projected Utilization
1. 1,154 hours of Site Analyst
2. 228 hours of Shared Analyst
3. 115 hours of Client Account Manager
4. 57 hours of Manager
'For purposes of this Contract, "CPI" shall mean the all items Consumer Price Index for all Urban
Consumers in the Chicago -Gary -Kenosha area. In the event that publication or issuance of the
Index is discontinued or suspended, the CPI shall be an index published or issued by the United
States Department of Labor or any bureau or agency thereof that computes information from
substantially the same statistical categories and substantially the same geographic areas as those
computed in the CPI and that weights such categories in a substantially similar way to the
weighting of the CPI at the Effective Date. The CPI rates, solely for reference purposes, may be
accessed at http://www.bis.gov/ro5/cpiebi.htm, it being understood that the Consultant makes no
representation or warranty that the rates published on such website are accurate.
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8.B.c
B. Service Rates
$91.15 per hour for Site Analyst
2. $91.15 per hour for Shared Analyst
$106.90 per hour for Client Account Manager
4. $134.00 per hour for Manager
Total Not -to -Exceed Amount for Services (Numbers): $145,901.00.
Total Not -to -Exceed Amount for Services (Figures): one hundred forty-five thousand nine
hundred one and 00/100 dollars.
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8.B.c
Attachment 2
To GIS Consortium Service Provider Contract
Insurance
Consultant's Insurance
Consultant shall procure and maintain, for the duration of this 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 Consultant, its agents, representatives, employees
or subcontractors.
than:
A. Minimum Scope of Insurance: Coverage shall be at least as broad as
I . Insurance Services Office Commercial General Liability occurrence
form CG 0001 with the Municipality named as additional insured, on a form at least as
broad as the ISO Additional Insured Endorsement CG 2010 and CG 2026.
2. Insurance Service Office Business Auto Liability coverage form
number CA 0001, Symbol 01 "Any Auto."
3. Workers' Compensation as required by the Labor Code of the State
of Illinois and Employers' Liability insurance.
B. Minimum Limits of Insurance: Consultant shall maintain limits no less
I. Commercial General Liability: $1,000,000 combined single limit
per occurrence for bodily injury, personal injury and property damage. The general
aggregate shall be twice the required occurrence limit. Minimum General Aggregate shall
be no less than $2,000,000 or a project/contract specific aggregate of $1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit
per accident for bodily injury and property damage.
3. Workers' Compensation and Employers' Liability: Workers'
Compensation coverage with statutory limits and Employers' Liability limits of $500,000
per accident.
C. Deductibles and Self -Insured Retentions: Any deductibles or self -insured
retentions must be declared to and approved by the Municipality. At the option of the
Municipality, either: (1) the insurer shall reduce or eliminate such deductibles or self -insured
retentions as it respects the Municipality, its officials, agents, employees and volunteers; or (2) the
Consultant shall procure a bond guaranteeing payment of losses and related investigation, claim
administration and defense expenses.
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8.B.c
D. Other Insurance Provisions: The policies are to contain, or be endorsed to
contain, the following provisions:
I. General Liability and Automobile Liability Coverages: The
Municipality, 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 Consultant;
products and completed operations of the Consultant; premises owned, leased or used by
the Consultant; or automobiles owned, leased, hired or borrowed by the Consultant. The
coverage shall contain no special limitations on the scope of protection afforded to the
Municipality, its officials, agents, employees and volunteers.
2. The Consultant's insurance coverage shall be primary as respects
the Municipality, its officials, agents, employees and volunteers. Any insurance or self-
insurance maintained by the Municipality, its officials, agents, employees and volunteers
shall be excess of Consultant'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 Municipality, its officials, agents, employees and
volunteers.
4. The Consultant's insurance shall contain a Severability of
Interests/Cross Liability clause or language stating that Consultant's insurance shall apply
separately to each insured against whom claim is made or suit is brought, except with
respect to the limits of the insurer's liability.
5. If any commercial general liability insurance is being provided
under an excess or umbrella liability policy that does not "follow form," then the
Consultant shall be required to name the Municipality, 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 Consultant and all subcontractors hereby agree to waive any
limitation as to the amount of contribution recoverable against them by the Municipality.
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.
E. All Coverages: Each insurance policy required by this paragraph shall be
endorsed to state that coverage shall not be suspended, voided, cancelled, reduced in coverage or
in limits except after thirty (30) days prior written notice by certified snail, return receipt requested,
has been given to the Municipality.
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.
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8.B.c
G. Verification of Coverage: Consultant shall furnish the Municipality with
certificates of insurance naming the Municipality, 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 Municipality before any work commences. The Municipality reserves the
right to request full certified copies of the insurance policies and endorsements.
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8.B.c
Exhibit A
SAMPLE Form of Supplemental Statement of Work
Pursuant to and in accordance with Sections 1.2 and 12.10 of that certain GIS Consortium
Service Provider Contract dated [INSERT DATE] (the "Contract") between
the of (the "Municipality") and Municipal
GIS Partners, Incorporated (the "Consultant") hereby agree to the following SUPPLEMENTAL
STATEMENT OF WORK ("SSOW'):
1. Description of Additional Services:
[None] or [Describe new services being provided or no longer being provided. Note if
Supplemental Statement of Work is intended to replace a previously approved and
effective Statement of Work]
2. Proiect Schedule/Term:
[Insert date by which supplemental work must be commenced and completed with any
appropriate milestones]
3. Projected Utilization: [Insert rate effective dates]
A. hours of Site Analyst
B. hours of Shared Analyst
C. hours of Client Account Manager
D. hours of Manager
4. Service Rates: [Insert rate effective dates]
E. $ per hour for Site Analyst
F. $ per hour for Shared Analyst
G. $ per hour for Client Account Manager
H. $ per hour for Manager
Total Not -to -Exceed Amount for Services (Numbers) : $[INSERT]
Total Not -to -Exceed Amount for Services (Figures) : [INSERT]
In the event of any conflict or inconsistency between the terms of this SSOW and this
Contract or any previously approved SSOW, the terms of this SSOW will govern and control with
respect to the term, projected utilization rates, service rates and scope of services. All other
conflicts or inconsistencies between the terms of this Contract and this SSOW shall be governed
Packet Pg. 54
8.B.c
and controlled by this Contract. Any capitalized terms used herein but not defined herein shall
have the meanings prescribed to such capitalized term in this Contract.
IN WITNESS WHEREOF, the undersigned have placed their hands and seals hereto as
of the date first above written.
ATTEST:
Municipality Clerk
ATTEST:
By:
Its:
Municipality of
[MUNICIPALITY/CITY] Manager
CONSULTANT:
MUNICIPAL GIS PARTNERS,
INCORPORATED
By:
Its:
Packet Pg. 55
8.0
Ordinance No. 0-2020-88 : Ordinance Amending Chapter 15.20 of
the Buffalo Grove Fence Code
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
The Planning & Zoning Commission recommended approval. Staff concurs with this recommendation.
SUMMARY: The Village is proposing amendments to Section 15.20 of the Municipal Code pertaining to
fences. The proposed amendments address corner side yard setbacks and six foot solid fences. The
Planning & Zoning Commission recommended approval. Staff concurs with this recommendation.
ATTACHMENTS:
• BOT Memo Re Fence Text Amendment (DOCX)
• Fence Ordinance (DOCX)
• PZC Minutes 10.21.20 (PDF)
Trustee Liaison
Weidenfeld
Monday, November 2, 2020
Staff Contact
Nicole Woods, Community Development
Updated: 10/29/2020 2:13 PM
Page 1
Packet Pg. 56
8.C.a
NIILL'AGE OF
BUFF,kLO GROVE
MEMORANDUM
DATE: October 29, 2020
TO: Dane Bragg, Village Manager
FROM: Christopher Stilling, Deputy Village Manager
N1
SUBJECT: Text amendment to the Fence Code (Title 15.20 of the Buffalo Grove Municipal
Code), which modifies the code concerning corner yard setbacks and six foot solid
fences.
BACKGROUND
The Buffalo Grove Fence Code was last amended in August, 2011 and has served the Village in
providing regulations for the height, style, type, and placement of fences in the community. In recent
years, a pattern has emerged where two types of variations have been consistently sought and
approved:
1. Fences in the corner yard setback, and
2. Fences that are six feet and solid that run along properties that are adjacent to a contrasting use
These two types of requests have accounted for approximately 35 variations in the past five years. As
a result of the volume of fence variations, staff is seeking to modify the fence code to align with these
variation approvals.
PLANNING & ZONING COMMISSION (PZQ RECOMMENDATION
On October 21', the Planning & Zoning Commission unanimously recommended to the Village Board
for the text amendment to Section 15.20.40 Fences in the Residential District, which modifies the code
concerning corner yard setbacks and six foot solid fences.
Staff concurs with this recommendation.
PUBLIC HEARING COMMENTS
There were a few comments from the public concerning this request. There were no public comments
speaking out against the recommendation. One member of the public spoke in favor of proposal while
the remaining members of the public had clarifying questions regarding the proposed.
PROPOSED TEXT AMENDEMENT
The following includes the text amendments for the Fence Code regarding Residential Districts as
detailed in Section 15.20.40. New text is bold and underlined.
15.20.40 Residential Districts.
The following restrictions apply in residential districts:
A. Fences may be erected, placed and maintained to a height not to exceed six feet above
ground level. No fence, other than an ornamental fence, shall be located nearer to the street
Page 1 of 2
Packet Pg. 57
8.C.a
than the front line of the building. It shall be permissible to erect a fence on a lot up to the lot
line at the rear of a lot where the front and rear of the lot are both on a street. No fence may
be erected to a height exceeding three feet above the street grade within forty-five feet of the
intersection of any curb -lines or street lines projected.
•..:�:rrrrr.*►.srara�. ■_�w.: �:+�►rrrr�!n:.�!�a.��r_er.�r_�:.�rw.
Fences may be erected, placed and maintained on corner lots provided they maintain a
minimum offourfeetfrom the property line. Such fences must be of an open or a shadowbox
style and shall not exceed five feet above ground level, and shall conform to all sections of
the Fence Code.
C. Either solid or opaque fences may be erected, placed and maintained around patios to
be a height not to exceed six feet above ground level or six feet above a wood deck. No such
screening structure shall be located nearer to any interior lot line than permitted for the main
building.
D. Either solid or opaque fences, to a height not to exceed six feet, may be erected, placed
and maintained between on a residentially zoned property, which abuts
a:
1. Nonresidentially zoned property;
2. Multi -family zoned property;
3. Major streets and highways (as defined in the Village Transportation Plan);
4. Parks; or
5. A railroad right -of --way.
ACTION REQUESTED CD
Staff recommends that the Village Board approve an Ordinance amending the Fence Code (Title 15.20 N
of the Buffalo Grove Municipal Code), which modifies the code concerning corner yard setbacks and 0
six foot solid fences. _
d
E
c
a�
E
a
Page 2 of 2
Packet Pg. 58
8.C.b
Underlined = addition
StFikethFe H..h= delete
October 26, 2020
1970.
ORDINANCE NO. 2020 -
AN ORDINANCE AMENDING CHAPTER 15.20 FENCE CODE
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. Section 15.20.40 of the Village of Buffalo Grove Municipal Code is hereby amended by adding
the following:
15.20.40 Residential Districts.
The following restrictions apply in residential districts:
A. Fences may be erected, placed and maintained to a height not to exceed six feet
above ground level. No fence, other than an ornamental fence, shall be located
nearer to the street than the front line of the building. It shall be permissible to erect
a fence on a lot up to the lot line at the rear of a lot where the front and rear of the
lot are both on a street. No fence may be erected to a height exceeding three feet
above the street grade within forty-five feet of the intersection of any curb -lines or
street lines projected.
erected,B. Fenees n9ay be
exceed six feet abeve ground level. Ne sueh fence `hall he le-e ted n r to any
Fences may be erected, placed and maintained on corner lots provided they maintain a
minimum of four feet from the property line. Such fences must be of an open or a shadowbox
style and shall not exceed five feet above ground level, and shall conform to all sections of the
Fence Code.
C. Either solid or opaque fences may be erected, placed and maintained around patios
to be a height not to exceed six feet above ground level or six feet above a wood
deck. No such screening structure shall be located nearer to any interior lot line than
permitted for the main building.
D. Either solid or opaque fences, to a height not to exceed six feet, may be erected,
placed and maintained -,Ieng a sh. Fed lot line h.,+..,.,en on a residentially zoned
property, which abuts a:
1. Nonresidentially zoned property;
2. Multi -family zoned property:
3. Major streets and highways (as defined in the Village Transportation Plan);
4. Parks; or
Packet Pg. 59
5. A railroad right-of-way.
8.C.b
Section 2. This Ordinance shall be in full force and in effect from and after its passage and approval. This
ordinance may be published in pamphlet form.
AYES:
NAYS:
ABSENT:
PASSED: , 2020
APPROVED: 12020
ATTEST:
Janet M. Sirabian, Village Clerk
Beverly Sussman, Village President
2
Packet Pg. 60
8.C.c
10/21 /2020
MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION OF THE
VILLAGE OF BUFFALO GROVE HELD IN THE COUNCIL CHAMBERS, 50 RAUPP BOULEVARD,
BUFFALO GROVE, ILLINOIS ON WEDNESDAY, OCTOBER 21, 2020
Call to Order
The meeting was called to order at 7:32 PM by Chairman Frank Cesario
2. Open Meetings Act Compliance
Pursuant to orders issued in response to the COVID-19 pandemic, this Public Hearing is
closed to in -person, public attendance. The hearing is being held via Zoom web
conference meeting, which permits the public to fully participate in the virtual Public
Hearing via Zoom on a computer, tablet or phone. Details on how to access and
participate in this online virtual hearing are available below. More information
pertaining to the meeting information and links to the virtual meeting can be found at
ttlys..11us 02web.z�rovtr.::.rts/d�897(18�p21192>
Or Whone one -tap :
US: +13126266799„89708021192# or +13017158592„89708021192#
Or Telephone:
Dial(for higher quality, dial a number based on your current location):
US: +1 312 626 6799 or +1 301 715 8592 or +1 929 436 2866 or +1 346 248
7799 or +1 669 900 6833 or +1 253 215 8782
Webinar ID: 897 08021192
International numbers available: <httns: //us02web.aoom.. us/u1kew5FYmXuA1>
Public Hearings/Items For Consideration
1. Consider an Amendment to Chapter 15.20 Fence Code of the Buffalo Grove Municipal
Code Allowing Residential Fences in the Corner -Side Yard Setback and Allowing Six
Foot Solid Fences Under Certain Conditions. (Trustee Weidenfeld) (Staff Contact: Nicole
Woods)
Deputy Community Development Director Woods gave a brief overview of the petition by
the Village regarding fence modifications to corner yard setbacks and 6 foot solid fences
on properties adjacent to contrasting use. Ms. Woods noted that swimming pools were
not addressed in this modification and will be addressed at a later date.
Village Planner Akash provided additional detail on the fence modifications and the
changes that were made from the previous meetings workshop.
Com. Goldspiel asked for clarification regarding information on packet page 6 which
referenced 6 foot solid fences and asked if it should say 5 foot and the special criteria in
paragraph D.
Village Planner Akash provided clarification regarding the height of a fence in that
specific section of the code.
Packet Pg. 61
10/21/2020
8.C.c
Village Attorney Brankin stated that the section in question acts states a general
maximum and the sections that are being changed hold the special criteria that states
when 6 foot is not allowed.
Com. Goldspiel asked for additional clarification on paragraph D.
Village Planner Akash explained that paragraph D stands alone for those who do not
meet the exceptions for a 6 foot fence and that a 6 foot open/shadow box fence would
be permitted.
Com. Khan asked for additional clarification on section 15. He asked if 6 feet could be
changed to 5 feet.
Deputy Community Development Director Woods gave an overview of the Code
modifications for additional clarification. She also shared the documents that would aid
the residents without having to read the Code.
Com. Khan provided additional modifications regarding the fence Code.
Village Planner Akash replied that the points Com. Khan made were good and will be
addressed at another time as they are incorporated in other sections of the Code.
Chairperson Cesario asked the Village Attorney to review the language.
Village Attorney Brankin reminded the Commissioners that this is not a complete
overhaul of the fence Code, the changes that are being presented today are to help
mitigate the number of variations that come before the Commission that continue to be
approved and help with the backlog of petitioners.
Com. Moodhe asked if staff checked with the police department.
Village Planner Akash said yes, staff talked with the police department.
Com. Weinstein agrees with the modifications to the fence Code and does not think the
language needs to be modified anymore. Additionally, he commented that the handouts
that staff provides gives that added clarification.
Com. Worlikar is also in favor of the modifications to the fence Code.
Village Planner Akosh thanked the Commissioners for their help in modifying the fence
Code and noted how helpful it will be in handling several permits in the pipeline that
would otherwise need a variation.
Chairperson Cesario commented in favor of the modifications.
Chairperson Cesario entered the staff report as exhibit one
Public Comment:
Mr. Gusev thanked the commissioners for their time in making these modifications so he
can put up his fence. He had some specific questions regarding his specific property that
Village Planner Akash will help with.
Ms. Basham with Fence Solutions thanked the commissioners for recommending the
approval of the fence modifications.
Ms. Tran thanked the commissioners for recommending approval of the fence
modifications.
Public Hearing close 8:32 PM
Packet Pg. 62
10/21/2020
8.C.c
Com. Weinstein made a motion to recommend approval to the Village Board
amendment to chapter 15.20 to the Buffalo Grove fence Code.
Com. Moodhe seconded the motion.
Com. Moodhe commented that the amendments do address the current issues and
understands that a larger overhaul of the Fence Code is forthcoming.
Com. Goldspiel commented that he supports the amendments, but thinks more work
needs to be done.
Com. Worlikar commented that this is good temporary fix and is in favor of the motion.
Com. Weinstein commented that he is in support of the motion.
RESULT: RECOMMENDATION TO APPROVE [UNANIMOUS]
Next: 111212020 7:30 PM
AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au, Richards,
Worlikar
Regular Meeting
None
None.
Other Matters for Discussion
Approval of Minutes
1. Planning and Zoning Commission - Regular Meeting - Oct 7, 2020 7:30 PM
RESULT: ACCEPTED [UNANIMOUS]
AYES: Moodhe, Spunt, Cesario, Goldspiel, Khan, Weinstein, Au,
Richards, Worlikar
Chairman's Report
Committee and Liaison Reports
Com. Worlikar provided an overview of the last Village Board Meeting.
Staff Report/Future Agenda Schedule
Deputy Director of Community Development Woods provided an overview of the next agenda
schedule.
Public Comments and Questions
None.
Adjournment
The meeting was adjourned at 9:00 PM
Packet Pg. 63
10/21/2020
8.C.c
Chris Stilling
APPROVED BY ME THIS 21st DAY OF October , 2020
Packet Pg. 64
9.A
Ordinance No. 0-2020-85 : Ordinance Approving a Building
Inspection Services Agreement
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval
Staff recommends authorizing the Village Manager to execute an agreement with B&F Construction Code
Services, INC., in a not to exceed amount of $250,000.00 per year and pending review and approval of
the agreement by the Village Attorney.
ATTACHMENTS:
• BOT Memo (DOCX)
• Inspection Services Agreement
• Inspections Ordinance (DOCX)
Trustee Liaison
Smith
Monday, November 2, 2020
(PDF)
Staff Contact
Chris Stilling, Community Development
Updated: 10/29/2020 2:26 PM
Page 1
Packet Pg. 65
9.A.a
N'1LL,,AG'E OF
BUFFAL0 GRUNT
MEMORANDUM
DATE: October 15, 2020
TO: Dane Bragg, Village Manager
FROM: Chris Stilling, Deputy Village Manager
SUBJECT: Contract Inspections and Plan Review Services
IN
BACKGROUND
With the implementation of the VSI program, two Building Inspectors (Plumbing & Electrical) and
the Building Commissioner took advantage of the program. As a result, the Community
Development Department will be utilizing the services of contract inspections to backfill various
responsibilities. The following memorandum provides details of the changes.
CONTRACT SERVICES
In 2018, the Village released a RFP for Inspection Services. After a review of providers, the Village
moved forward with B&F Construction Code Services (B&F) on an as needed basis to fill in for staff
when extended absences created staffing shortages. Due to planned vacancies with the Plumbing
and Electrical Inspectors as a result of the VSI program, staff reviewed the past proposals for
Building Inspection Services from 2018 and sought updated pricing from the top two firms.
Staff received updated pricing from HR Green and B&F. As a result of the changes to the rental
inspection program, in combination with efficiencies expected as part of the implementation of
the Community Development software, staff believes there will be a reduction in overall hours
required to perform inspection work. Therefore, staff requested each vendor to provide pricing
based on the estimated volume of work they believed was required for inspections.
Hours per
Hourly Rate Annual Cost
Week
HR Green Inc.
Building Inspections
16
$
86.00
$
71,552.00
Plumbing Inspections
24
$
100.00
$
124,800.00
$ 196,352.00
Building Inspections
24
$
80.00
$
99,840.00
Plumbing Inspections
24
$
80.00
$
99,840.00
$ 199,680.00
Page 1 of 2
Packet Pg. 66
9.A.a
HR Green's proposal allowed for the use of Village vehicles to reduce contract costs. In contrast,
B&F will be using company owned vehicles to perform the requested services which will allow the
Village to repurpose existing vehicles rather than replace older units saving roughly $80,000 in
planned capital expenditures in FY 2021.
While both firms are more than capable of providing the required inspection services, staff
believes it would be most cost effective to move forward with B&F for Building Inspection Services
given the savings with vehicles and hourly rate. The contract with B&F is based on an hourly rate
for services, based on the Village's needs. Staff has budgeted $230,000 for contract services review
for the proposed FY21 budget. While staff is not anticipating major changes to our plan review
services currently performed by our Plans Examiner, certain large commercial projects may
require additional review by certain building disciplines (Plumbing & Electrical). As these services
were previously performed by our in-house inspectors, we may now require the services from B&F
to complete. The volume of work for plan review was factored into the Village's proposed
$230,000 budget for FY21.
RECOMMENDATION
Staff recommends authorizing the Village Manager to execute an agreement with B&F
Construction Code Services, INC., in a not to exceed amount of $250,000.00 per year and pending
review and approval of the agreement by the Village Attorney. The authorization of up to $250,000
provides some contingency in the event we need to exceed the budgeted amount due to a large
commercial project.
Page 2 of 2
Packet Pg. 67
9.A.b
VoBG-2020-35
VILLAGE OF BUFFALO GROVE
PROFESSIONAL SERVICES AGREEMENT
INSPECTION SERVICES
THIS AGREEMENT is dated as of the day of . 2020 ('Agreement') and is
by and between the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal corporation ("Village') and
the Consultant identified in Subsection 1Abelow.
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. CONSULTANT.
A. Engagement of Consultant. The Village desires to engage the Consultant Identified below to provide all
necessary professional Inspection services and to perform the work in connection with the project identified below:
B&F Construction Code Services, INC.
2420 Vantage Drive
Elgin, IL 60124
Attn: Seth Sommer
Email: ssommer@bfccs.org Address
B. Project Description. The Consultant shall provide Inspection Services for the Village of Buffalo Grove as
detailed in the attached Scope of Service Exhibit A.
C. Representations of Consultant. The Consultant has submitted to the Village a description of the services to
be provided by the Consultant, a copy of which is attached as Exhibit A to this Agreement ("Services"). The
Consultant represents that it is financially solvent, has the necessary financial resources, and is sufficiently experienced
and competent to perform and complete the professional services set forth in Exhibit A.
Packet Pg. 68
9.A.b
VoBG-2020-35
SECTION 2. SCOPE OF SERVICES.
A. Retention of the Consultant. The Village retains the Consultant to perform, and the Consultant agrees to perform,
the Services.
B. Services. The Consultant shall provide the Services pursuant to the terms and conditions of thisAgreement.
C. Commencement. Time of Performance. The Consultant shall commence the Services immediatelyupon receipt of
written notice from the Village that this Agreement has been fully executed by the Parties (the "Commencement
Date"). The Consultant shall diligently and continuously prosecute the Services untilthe completion of the Work.
D. Reporting. The Consultant shall regularly report to the Village Manager ("Manager"), 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 B, unless amended pursuant to Subsection 8A of
this Agreement.
B. Invoices and Payment. The Consultant shallsubmit invoices to the Village for all Services and subcontractor
services monthly. The Invoices shall be in a Village approved and itemized format for those portions of the
Services perfor edand completed by the Consultant. The amount billed in any such invoice shall be based on the
methodof payment set forth in Exhibit B. The Village shall pay to the Consultant the amount billed pursuant to the
Illinois Local Government Prompt Payment Act (50 ILCS 505/1 et seq.)
C. Records. The Consultant 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 Consultant 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 Consultant wishes to make a claim foradditional compensation as
a result of action taken by the Village, the Consultant shall provide written notice tothe Village of such claim
within 7 calendar days after occurrence of such action as provided by Subsection B.D. of this Agreement, and no
claim for additional compensation shall be valid unless made in accordancewith 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 aclaim submitted by the Consultant, the
Consultant shall proceed with all of the Services required to complete the project under this Agreement as
determined by the Village without interruption.
2
Packet Pg. 69
9.A.b
VoBG-2020-35
SECTION 3. COMPENSATION AND METHOD OF PAYMENT (cont.)
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, orsimilar 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 anysuch tax, contribution, premium, costs, royalties, or
fees is hereby waived and released by Consultant.
Escalation
Written requests for price revisions after the first year period shall be submitted at least sixty (60) calendar
days in advance of the annual agreement period or Term. Requests must be based upon and include
documentation of the actual change in the cost of the components involved in the contract and shall not
include overhead, or profit. In any case the price revisions for any Term shall not exceed the most recent 12
month Consumers Price Index (CPI-AII Urban Consumers, Chicago) or 2%whichever is less.
The Village reserves the right to reject a proposed price increase and terminate the Agreement.
For any year beyond the initial year, this Agreement is contingent upon the appropriation of sufficient funds by
the Village Board; no charges shall be assessed for failure of the Village to appropriate funds in future contract
years.
SECTION 4. PERSONNEL. SUBCONTRACTORS.
A. Key Project Personnel. The Key Project Personnel identified in Exhibit A shall be primarily responsible for
carrying out the Services on behalf of the Consultant. The Key Project Personnel shall not be changed without
the Village's prior written approval, which shall not be unreasonably withheld.
Availability of Personnel. The Consultant shall provide all personnel necessary to complete the Services including,
without limitation, any Key Project Personnel identified in this Agreement. The Consultant 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 Consultant shall have no claimfor 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, orresignation.
3
Packet Pg. 70
9.A.b
VoBG-2020-35
SECTION 4. PERSONNEL. SUBCONTRACTORS (cont.)
C. Approval and Use of Subcontractors. The Consultant 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
Manager in writing. All subcontractors and subcontracts used by the Consultant shall be acceptable to, and
approved in advance by, the Village Manager. The Village Manager's approval of any subcontractoror
subcontract shall not relieve the Consultant 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 manneras if performed by employees of the
Consultant. For purposes of this Agreement, the term "Consultant" shall be deemed also to refer to all
subcontractors of the Consultant, 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 Consultant shall immediately upon notice from the Village Manager
remove and replace such personnel or subcontractor. The Consultant shall have no claimfor damages, for
compensation in excess of the amount contained in this Agreement for a delayor extension of the Time of
Performance as a result of any such removal or replacement. The Consultant shall employ competent staff and
shall discharge, at the request of the Village Manager, any incompetent, unfaithful, abusive or disorderly staff or
subcontractor in its employ.
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 Consultant from asource other than the Village prior to the time of disclosure of said
information to the Consultant underthis 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 Consultant or the Village; or (iv) to have been supplied to the Consultant 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.
0
Packet Pg. 71
VoBG-2020-35
9.A.b
SECTION 5. CONFIDENTIAL INFORMATION. (cont.1
No Disclosure of Confidential Information by the Consultant. The Consultant 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 Consultant shall hold confidential all Confidential Information and shall not
disclose or use such Confidential Information without express prior written consent of the Village Manager. The
Consultant shall use reasonable measures at least as strict as thosethe Consultant uses to protect its own
confidential information. Such measures shall include, without limitation, requiring employees and
subcontractors of the Consultant to execute a non -disclosure agreement before obtaining access to
Confidential Information.
SECTION 6. WARRANTY AND INSURANCE
A. Warranty of Services. The Consultant warrants that the Services shall be performed in accordance with the
highest standards of professional practice, care, and diligence practiced by recognized Consultants in performing
services of a similar nature in existence at the Time of Performance, thewarranty 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.
B. Insurance. Consultant shall maintain throughout the term of this Agreement insurance, evidencing at least the
minimum insurance coverages and limits as set forth in Exhibit C tothis Agreement.
C. 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 Consultant as the result of the execution of this Agreement.
D. Indemnity/Hold Harmless Provision To the fullest extent permitted by law, the Consultant 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 Consultant, 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 Consultant
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 Consultant shall, at its own expense, satisfy and discharge
the same. Consultant expressly understands and agrees that any performance bond or insurance policies required
by this contract, or otherwise provided by the Consultant, 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.
Kotecki Waiver. In addition to the requirements set forth above, the Consultant (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. Consultant 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 Consultant's employees, except to the extent those claims arise as a result of the Village's
own negligence.
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SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS
A. Relationship of the Parties. The Consultant shall act as an independent contractor in providingand
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 jointventures between the Village
and Consultant; or (ii) to create any relationship between the Village and any subcontractor of the
Consultant.
Conflict of Interest. The Consultant represents and shall at all times abide by professional ethical requirements
and other applicable law regarding conflicts of interest.
C. No Collusion. The Consultant represents and certifies that the Consultant is not barred from 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 Consultant is contesting, in accordance with the procedures established
by the appropriate revenue act, its liability for the taxor the amount of the tax, as set forth in Section 11-42. 1-1 et
seq. of the Illinois Municipal Code, 651LCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section
33E-4 of Article 33E of the Criminal Code of 1961, 720 11LCS 5/33E-1 et seq. The Consultant represents that the
only persons, Consultants, or corporations interested in this Agreement as principals are those disclosed to the
Village prior to the execution of this Agreement, and that this Agreement is made without collusion with any
otherperson, Consultant, or corporation. If at any time it shall be found that the Consultant has, in procuringthis
Agreement, colluded with any other person, Consultant, or corporation, then the Consultant shall be liable to the
Village for all loss or damage that the Village may suffer, and this Agreement shall, at the Village's option, be null
and void.
D. Sexual Harassment Policy. The Consultant 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.
1. Voluntary Termination. Notwithstanding any other provision hereof, the Village may terminate this
Agreement during the Initial Term or any Renewal Term, with or without cause, at any time upon thirty
(30) calendar days prior written notice to the Consultant. The Consultant may terminate this Contract,
with or without cause, at any time upon sixty (60) calendar days prior written notice to the Village.
2. Termination for Breach. Either party may terminate this Contract upon written notice to the other
party following material breach of a material provision of this Contract by the other party if the
breaching party does not cure such breach within fifteen (15) calendar days of receipt of written notice
of such breach from the non -breaching party.
F. Term. The Time of Performance of this Agreement, unless terminated pursuant to the terms of this
Agreement, shall be for 12 months. The Agreement may be renewed upon mutual agreement by both
parties for additional 12 month periods. At the end of any term the Village of Buffalo Grove reserves the
right to extend this agreement for a period of up to ninety (90) calendar days for the purpose of securing a
new agreement.
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SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS (cont.)
G. Compliance with Laws and Grants. Consultant 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 etseq. Consultant shall also comply with all conditions of any federal, state, or local grant
received byOwner or Consultant with respect to this Agreement or the Services.
Consultant 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 Consultant'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 Agreement shall be deemed to be inserted herein.
H. Default. If the Consultant 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, 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 within fourteen
(14) calendar days after the Consultant's receipt of written notice of such Event of Default from the Village, then
the Village shall have the right, without prejudice to any other remedies provided by law or equity, to pursue any
one or more of the following remedies:
Cure by Consultant. The Village may require the Consultant, 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 Consultant and the Services into compliance with this Agreement.
2. Termination of Agreement by Village. The Village may terminate this Agreement without liability
for further payment of amounts due or to become due under this Agreement.
Withholding of Payment bV Village. The Village may withhold from any payment, whether or not
previously approved, or may recover from the Consultant, any and all costs, including attorneys' fees
and administrative expenses, incurred by the Village as the result of any Event of Default by the
Consultant or as a result of actions taken by the Village in response toany Event of Default by the
Consultant.
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SECTION 7. CONSULTANT AGREEMENT GENERAL PROVISIONS (cont.)
I. 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 Consultant or with any vendor solicited or recommended by the Consultant.
I Village Manager Authority. Notwithstanding any provision of this Agreement, any negotiations or agreements
with, or representations by the Consultant to vendors shall be subject to the approval of the Village Manager.
The Village shall not be liable to any vendor or other third party for any agreements made by the Consultant,
purportedly on behalf of the Village, without the knowledge of and express approval by the Village Manager.
K. Mutual Cooperation. The Village agrees to cooperate with the Consultant in the performance ofthe Services,
including meeting with the Consultant and providing the Consultant with such confidential and non -confidential
information that the Village may have that may be relevant and helpful to the Consultant's performance of the
Services. The Consultant agrees to cooperate with the Village in the performance of the Services to complete the
Work and with any other Consultants engaged by the Village.
Le News Releases. The Consultant shall not issue any news releases or other public statements regarding the
Services without prior approval from the Village Manager. Nothing Herein shall limit the Consultant's right to
identify the Village as a client of the Consultant or from disclosing matters arising from the relationship between
the Village and the Consultant that are subject to disclosure under the Illinois Freedom of Information Act, (5
ILCS 140, et seq)
K Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations, records,
opinions, communications, digital files, calculations, notes, and any other documents, data, or information, in any
form, prepared, collected, or received by the Consultant in connection with any or all of the Services to be
performed underthis Agreement ("Documents") shall be and remain the exclusive property of the Village. At the
Village's request, or upon termination of this Agreement, the Consultant shall cause the Documents to be
promptly delivered to the Village, in original format or a suitable facsimile acceptable to the Village.
N. Favorable Terms
provides for benefits or terms more favorable than those contained in this Agreement, including all exhibits to
this Agreement, then this Agreement shall be deemed to be modified to provide the Village with those more
favorable 6s
Consultant shall notify the Village, in writing, promptly of the existence of such more favorable benefits and
terms and the Village shall have the right to receive the more favorable benefits and terms immediately. If
requested in writing by the Village, Consultant shall amend this Agreement to contain the more favorable terms
and conditions.
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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.
B. Assignment. This Agreement may not be assigned by the Village or by the Consultant 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.
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 setforth 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 withinthree 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 oraddress shall be effective until actually
received. The provisions of this Section 8 D shall not control with respect to the manner of communications
utilized by the Consultant in rendering the Services.
Notices and communications to the Village shall be addressed to, and delivered at, the following address:
Village of Buffalo Grove ("Village")
50 Raupp Blvd.
Buffalo Grove, IL 60089
Attn: Dane Bragg
Email:dbragg@vbg.org
cc: cstilling@vbg.org
Notices and communications to the Consultant shall be addressed to, and delivered at, thefollowing address:
B&F Construction Code Services, INC.
2420 Vantage Drive
Elgin, IL 60124
Attn: Seth Sommer
Email: ssommer@bfccs.org
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SECTION B. GENERAL PROVISIONS (cont.).
E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any person, Consultant, or
corporation other than the Consultant 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.
G. Time. Time is of the essence in the performance of this Agreement.
H. Governing Laws. This Agreement shall be interpreted according to the internal laws, but notthe conflict
of laws rules, of the State of Illinois. Venue shall be in Cook County, Illinois
I. 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 Consultant 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 toor constitute a
continuing waiver unless otherwise expressly provided in this Agreement.
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. Calendar Days and Time. Unless otherwise provided in this Contract, any reference in this Contract to "day" or
,'days' shall mean calendar days and not business days. If the date for giving of any notice required to be given, or
the performance of any obligation, under this Contract falls on a Saturday, Sunday or federal holiday, then the
notice or obligation may be given or performed on the next business day after that Saturday, Sunday or federal
holiday.
N. 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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SECTION 8. GENERAL PROVISIONS (cont.).
O. Freedom of Information. The Consultant agrees to furnish all documentation related to the Contract, the Work
and any documentation related to the Village required under an Illinois Freedom of Information Act (ILCS 140/1
et. seq.) ("FOIA") request within five (5) calendar days after the Village issues Notice of such request to the
Consultant. The Consultant agrees to defend, indemnify and hold harmless the Village, and agrees to pay all
reasonable costs connected therewith (including, but not limited to attorney's and witness fees, filing fees and
any other expenses) for the Village to defend any and all causes, actions, causes of action, disputes, prosecutions,
or conflicts arising from Consultant's actual or alleged violation of FOIA or the Consultant's failure to furnish all
documentation related to a FOIA request within five (5) calendar days after Notice from the Village for the same.
Furthermore, should the Consultant request that the Village utilize a lawful exemption under FOIA in relation to
any FOIA request thereby denying that request, Consultant agrees to pay all costs connected therewith (such as
attorneys' and witness fees, filing fees and any other expenses) to defend the denial of the request. This defense
shall include, but not be limited to, any challenged or appealed denials of FOIA requests to either the Illinois
Attorney General or a court of competent jurisdiction.
P. 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.
ACKNOWLEDGEMENT.
The undersigned hereby represent and acknowledge that they have read the foregoing Agreement, that they
know its contents, and that in executing this Agreement they have received legal advice regarding the legal
rights of the party on whose behalf they are executing this Agreement, and that they are executing this
Agreement as a free and voluntary act and on behalf of the named parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth below.
VILLAGE OF BUFFALO GROVE
By:
Dane Bragg, Village Manager
Dat
B&F Construction Code Services, INC.
By:
Title:
Date:
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CONSTRUCTIONN
vm
BUILDING
CODE SERVICES, INC.
& FIRE PROTECTION PLAN REVIEW
U TRAINING • INSPECTIONS
September 8, 2020
CODE CONSULTING
Brett Robinson
Purchasing Manager
Village of Buffalo Grove
Delivered via email: brobinson@vbg.org
Thank you for the opportunity to present a proposal to the Village of Buffalo Grove. With over 30
years of experience, we are pleased to provide a Plan Review and Inspections proposal.
If you have any questions please give Seth Sommer a call at 847-428-7010.
Sincerely,
Seth Sommer
Director of Quality Control & Staff Development
B & F CONSTRUCTION CODE SERVICES, INC.
2420 Vantage Road . Elgin, IL 60124
Telephone: (847) 428-7010 . Fax: (847) 428-3151
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B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 2 of 6
PROFESSIONAL SERVICE AGREEMENT
Plan Review, Inspection Services, and Code Enforcement
A Introduction
B & F Construction Code Services, Inc. is submitting a proposal to provide consulting services to
Buffalo Grove. These services consist of plan review and building inspections as well as other
services as need including; code enforcement & rental inspections, department administration,
building official duties, and permit clerk. Building inspections include building, electrical, plumbing,
energy, and mechanical.
B. Qualifications
B & F Construction Code Services, Inc. provides building and fire protection plan review, inspections
and training services for municipal building departments. All inspection and plan review personnel
are certified and/or licensed to provide the services as described.
We currently perform complete building department operations for the Villages of Winfield,
Burlington, Barrington Hills, Hampshire, and Lake Barrington. We have assisted with complete
building department operations in the Villages of Gilberts, Kingston and Hampshire. We currently
provide complete inspection and plan review services to West Chicago, Lincolnshire, Wheeling,
Mettawa, Highland Park, Des Plaines, Deer Park, Glendale Heights, River Forest and Forest Park.
B & F Construction Code Services, Inc. performs plan review services for numerous other
communities in Illinois and other states such as Michigan, New Jersey and Pennsylvania.
All B & F Construction Code Services, Inc. staff members are certified or licensed to perform plan
review and inspections.
C. Schedule
All inspections are performed with less than twenty-four (24) hours notice. All inspection requests
received by 4:00 PM will be performed the next business day. Schedule to be determined.
There is no limit to the number of plan reviews and inspections we can perform.
B & F Construction Code Services, Inc., has over forty (40) full-time inspection and plan review staff
with an administrative staff of over ten (10). These numbers do not include Human Resources,
upper level administrative staff or the staff members used in the Building and Fire Code Academy.
The Academy is a subsidiary of B & F Construction Code Services, Inc. and provides code training
that is offered to the industry.
D. Building Department Services
B & F Construction Code Services, INC. can perform building plan reviews, new construction
inspections, zoning review and inspection as well as code enforcement duties. This work includes,
but is not limited to, the following: Residential plan reviews, Commercial plan reviews, Building
inspections of new structures, Building inspections of structures undergoing remodeling or
renovation, Property maintenance and nuisance inspections, Accessory structure inspections such
as fences, sheds, etc. We can provide permit clerks as well as building officials.
B & F CONSTRUCTION CODE SERVICES, INC.
2420 Vantage Road . Elgin, IL 60124
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B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 3 of 6
E. Plan Reviews
Plan reviews will be conducted at your office. On an as needed basis, reviews can be conducted at
our office. Reviews can be sent electronically or hard copy format. Miscellaneous reviews (simple)
can be completed within three (3) business days. Other reviews will be performed within nine (9)
business days for first reviews and within five (5) business days for second reviews. On occasion,
plan review may be able to be conducted at the Village of Buffalo Grove office.
F. Other Services
Cross Connection Program: Annual Cross Connection Surveys and Cross Connection Device
testing can be provided.
Ordinance development: Assistance with the rewriting of existing ordinances or the development of
new ordinances can be provided. This can include building codes, zoning, fees, property
maintenance or any area where a building, zoning or planning department is involved. This can
include agreements for building inspections, property maintenance inspections, zoning and planning
and ordinances for building safety, zoning and fees. Building code updates will be priced based on
complexity. These ordinances can be performed at the rate of One Hundred Fifty Dollars ($150.00)
per hour.
G. Inspections Performed
B & F Construction Code Services, Inc. will provide a Certified Illinois Licensed Plumbing Inspector
to perform plumbing inspections within the jurisdictional limits of the Village of Buffalo Grove. This
shall include Undergrounds, Roughs, Finals, Water and Sewer Services, etc. Other inspectors shall
be certified/qualified in the disciplines they are inspecting.
The inspectors shall have proper inspection equipment to conduct inspections as required.
Equipment shall include a clipboard, flashlight, tape measure, thermometer and other equipment as
determined to provide a quality inspection. Inspectors shall also have appropriate Person Protection
Equipment (PPE). The inspector shall wear a B & F Construction Code Services, Inc. issued
uniform. Each inspector shall utilize B & F Inspection forms or forms acceptable to the village. The
inspector shall utilize a B & F Construction Code Services, Inc. company vehicle to conduct
inspections. Inspection reports shall be dropped off in person or emailed within one (1) business
day, typically same day inspections are performed.
Village of Buffalo Grove staff will be provided with dedicated mobile phone numbers in order to
reach inspectors during each business day. Emergency call -out procedures will be determined
upon awarded contract.
H. Zoning and Planning
A staff member experienced in zoning and planning can be provided to assist with the zoning &
planning needs of the village. Fees quoted separately.
Transmittal Method
All plan reviews will be e-mailed to the municipal office. A copy of the plan review can also be
forwarded to a project contact from the permit applicant.
B & F CONSTRUCTION CODE SERVICES, INC.
2420 Vantage Road . Elgin, IL 60124
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B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 4 of 6
J. Point of Contact
Seth Sommer, Director of Quality Control and Staff Development
Telephone: (847) 428-7010
E-Mail: ssommer@bfccs.org
K. Additional Information
B & F Construction Code Services, INC. provides the most comprehensive services to the
construction industry. Our one fee approach coupled with quick turnaround time is what sets us
apart and gives you as a municipality the best value.
All first plan reviews are completed within nine (9) business days with re -reviews completed in five
(5) business days. The reviews automatically include accessibility review as well as the application
of any local code amendments.
When a municipality is using B & F Construction Code Services, INC. for their plan review or
inspection services, we offer a reduced rate for assistance with general code consulting and
ordinance preparation.
Our highly trained and experienced staff are certified or licensed in their respective disciplines. We
are professional grade and provide the highest level of customer service. Our staff wear identifiable
company uniforms that are worn neatly and drive white company vehicles outfitted with our
company logo and phone number.
All of the employees of B & F Construction Code Services, INC. are covered by worker's
compensation, general liability, automobile and professional liability insurance. This provides added
protection because the municipality can be named as an additional insured at no additional charge.
If a consultant does not have proper insurance, liability could extend to the municipality.
U. Proposal Acceptance
1. All Building, Plumbing, Mechanical, Energy and Electrical Plan Review Services are performed in-
house. All inspections contracted for shall be performed by employees of B & F Construction Code
Services, Inc.
2. All B & F Construction Code Services, Inc. employees are covered by Workers Compensation
Insurance.
3. B & F Construction Code Services, Inc. carries general liability insurance. Buffalo Grove shall be
named as additional insured.
B & F CONSTRUCTION CODE SERVICES, INC.
2420 Vantage Road ❑ Elgin, IL 60124
Telephone: (847) 428-7010 ❑ Fax: (847) 428-3151
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B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Page 6 of 6
4. B & F Construction Code Services, Inc. has in force professional liability insurance.
5. The Village of Buffalo Grove its officials, agents, employees, and volunteers are to be named as
additional insured.
6. A certificate of insurance with original endorsements for each policy shall be provided upon
acceptance of this proposal and annually when the policy is renewed.
B & F CONSTRUCTION CODE SERVICES, INC.
2420 Vantage Road ❑ Elgin, IL 60124
Telephone: (847) 428-7010 ❑ Fax: (847) 428-3151
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F.
G.
H.
J
L.
B & F Construction Code Services, Inc.
Buffalo Grove Plan Review and Inspections Proposal
Exhibit B - Schedule of Prices
Plan Review Fees
Plan Reviews Performed at the Village $80.00 per hour
Reviews performed at our office Current Fee Schedule
Inspections Performed
Building Inspections $80.00 per hour
Estimated Budget for 2021 (2 inspectors, 3 days per week) $199,680.00
Other Staffing Solutions
Permit Clerk $55.00 per hour
Building Official $100.00 per hour
Rental / Property Maintenance Inspections $67.50 per hour
Travel Charges
If scheduled for an (8) eight hour day, there will be no travel charges. If scheduled less than an (8)
eight hour day, travel time will be charged one-way.
Per Unit Pricing
If per unit pricing is preferred, please let us know and we can provide a quotation. In our experience,
hourly pricing is the most efficient for the client.
After-hours/Emergency inspections will be 1.5 times the normal rate including travel both ways, 2-
hour min.
Inspection Fees — After Hours
After-hours/Emergency inspections will be 1.5 times the normal rate including travel both ways, 2-
hour min.
Property Maintenance Inspections
These types of inspections include Code Enforcement, Property Maintenance, Rental and Sale
Inspections, etc. The fee for property maintenance inspections is indicated above
B & F CONSTRUCTION CODE SERVICES, INC.
2420 Vantage Road . Elgin, IL 60124
Telephone: (847) 428-7010 Fax: (847) 428-3151
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Exhibit C.
Insurance
1. Consultant's Insurance
Consultant shall procure and maintain, for the duration of the Contract and any maintenance
period, insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the performance of the work hereunder by the Consultant, his agents, representatives,
employees or subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.
1) Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured, on a form at least as broad as the ISO Additional Insured
Endorsement CG 2010 and CG 2026
2) Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any
Auto."
3) Workers' Compensation as required by the Labor Code of the State of Illinois and Employers'
Liability insurance.
B. Minimum Limits of Insurance: Consultant shall maintain limits no less than:
1) Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury,
personal injury and property damage. The general aggregate shall be twice the required
occurrence limit. Minimum General Aggregate shall be no less than $2,000,000 or a
project/contract specific aggregate of $1,000,000.
2) Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
3) Workers' Compensation and Employers' Liability: Workers' Compensation coverage with
statutory limits and Employers' Liability limits of $500,000 per accident.
C. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by the Village. At the
option of the Village, either: the insurer shall reduce or eliminate such deductibles or self -insured retentions
as it respects the Village, its officials, agents, employees and volunteers; or the Consultant shall procure a
bond guaranteeing payment of losses and related investigation, claim administration and defense
expenses.
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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 Consultant; products
and completed operations of the Consultant; premises owned, leased or used by the Consultant;
or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain
no special limitations on the scope of protection afforded to the Village, its officials, agents,
employees and volunteers.
2) The Consultant'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
Consultant'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 Consultant's insurance shall contain a Severability of Interests/Cross Liability clause or
language stating that Consultant's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.
5) If any commercial general liability insurance is being provided under an excess or umbrella
liability policy that does not "follow form," then the Consultant 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 Consultant 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
15
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9.A.b
VoBG-2020-35
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 Consultant 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
Consultant 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
Consultant 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 Consultant assumes liability for all injury to or death of any person or persons including
employees of the Consultant, 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.A.b
VoBG-2020-35
J. Workers' Com ensation and Em to ers' 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 Consultant for the
municipality.
1) 4(,C1 Ntcinatc I�uu„u#loYeu (\A/ ' 000300 in pk:!wc to ir7�5,11.H(2 tluat NNOI b.c'ui1� 5c�rrru°ul;,Ni rrow� u1.i��':rr'7�
COVOuaeapllic uuick"11trinsu)im',:uov iragq rathartlanthu Mik�;cfo&,fo(rovrr,„t'it,i;,
0 ISii.uff@u O Gira:;Nuu: uS I11011°ua)\Adrg,, I,. aSIriL Or in day to day c,. ntr°6 of c`on.siult ant's c. n°:)d o>fr.e
K. Failure to Comply
In the event the Consultant fails to obtain or maintain any insurance coverage's required under this
agreement, The Village may purchase such insurance coverage's and charge the expense thereof to the
Consultant.
L. Professional l Liability
1) Professional liaNity 'insurance with limits riot less than $1,000,00 each clairn with respect to
neghgent acts, errors and omissions in connection with professional services to be provided under
the contract, with a deductible not -to -exceed $50,000 without prior written approval.
2) If the policy its written on a claims -made form, the retroactive date must be equal to or preceding the
effective date of the contract. In the event the policy is cancelled, non -renewed or .switched to an
occurrence form, the Consultant .shall be required to purchase supplemental extending reporting
period coverage for a period of not less than three (3) years.
3) Provide a certified copy of actual policy for review.
4) Recommended Required Coverage (architect, engineer, .surveyor, consultant): Professional liability
insurance that provides indemnification and defense for injury or damage arising out of acts, errors,
or omissions in providing the following professional services, but not limited to the following:
a. Preparing, approving or failure to prepare or approve maps, drawings, opinions, report,
surveys, change orders, designs or specifications;
b. Providing direction, instruction, supervision, inspection, engineering services or Failing to
provide them, if that is the primary cause of injury or damage.
17
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ORDINANCE 2020-
9.A.c
AN ORDINANCE AUTHORIZING EXECUTION OF AN AGREEMENT FOR INSPECTION SERVICES
WHEREAS, the Village of Buffalo is a home rule unit pursuant to the Illinois Constitution of 1970;
and
WHEREAS, the Village sought out companies qualified to provide the requested services and
materials; and
WHEREAS, the Village engaged in a procurement process to obtain the best value for money.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS, as follows:
SECTION 1. The foregoing recitals are hereby adopted and incorporated and made a part of this Ordinance
as if fully set forth herein.
SECTION 2. The Village Manager is authorized to execute an agreement with B&F Construction Code
Services INC., pending review and approval by the Village Attorney at a price not to exceed $250,000.00
per year.
SECTION 3. If any section, paragraph, clause or provision of this Ordinance shall be held invalid, the
invalidity thereof shall not affect any other provision of this Ordinance.
SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval and
not be codified.
AYES:
NAYES:
ABSENT: _
PASSED:
APPROVED:
ATTEST:
Janet Sirabian, Village Clerk
2020
.2020
APPROVED:
Beverly Sussman, Village President
Packet Pg. 89
9.B
Ordinance No. 0-2020-86 : Ordinance Amending Section 15.04.020
of the Village Code Regarding Recovery of Costs for Third Party
Plan Review Services
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Recommendation of Action
Staff recommends approval of the attached Ordinance.
With the implementation of the VSI program, two Building Inspectors (Plumbing & Electrical) and the
Building Commissioner took advantage of the program. As a result, the Community Development
Department will be utilizing the services of contract inspections to backfill various responsibilities.
Therefore, staff is seeking an amendment to the Municipal Code to allow for the recovery of costs for third
party commercial inspections and plan review services the Village may incur.
ATTACHMENTS:
• BOT Memo (DOCX)
• Recovery of Costs Ordinance (DOCX)
Trustee Liaison
Smith
Monday, November 2, 2020
Staff Contact
Chris Stilling, Community Development
Updated: 10/28/2020 9:06 AM
Page 1
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9.B.a
N'1LL,,AG'E OF
BUFFAL0 GRUNT
MEMORANDUM
DATE: October 28, 2020
TO: Dane Bragg, Village Manager
FROM: Chris Stilling, Deputy Village Manager
01
SUBJECT: Ordinance Amending Section 15.04.020- Recovery of Third Party Costs for Plan
Review and Inspection Services
BACKGROUND
With the implementation of the VSI program, two Building Inspectors (Plumbing & Electrical) and
the Building Commissioner took advantage of the program. As a result, the Community
Development Department will be utilizing the services of contract inspections to backfill various
responsibilities. Therefore, staff is seeking an amendment to the Municipal Code to allow for the
recovery of costs for third party commercial inspections and plan review services the Village may
incur.
COMMERCIAL PLAN REVIEW & INSPECTION SERVICES
While staff is not anticipating major changes to our plan review services currently performed by
the Village's Plans Examiner, certain large commercial projects may require additional review by
certain building disciplines (Plumbing & Electrical). As these services were previously performed
by our in-house inspectors, we may now require the services from B&F to complete. Although
staff allocated dollars within the proposed FY21 Budget, in the event we get multiple large scale
projects, the Village could exceed budget estimates. Therefore, staff is seeking an amendment to
our Building Code fees to recapture outside plan review and inspection services for large
commercial projects. This is common practice amongst some of our comparative communities.
These costs are nominal when compared to the typical cost of construction for commercial
projects. Staff estimates that it would likely represent less than 0.5% of the total project costs.
RECOMMENDATION
Staff recommends approval of the attached Ordinance amending Section 15.04.020
"Amendments", Subsection 109.2 A "Schedule of Permit Fees" of the Village of Buffalo Grove
Municipal Code
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Underlined = addition
October 22, 2020
ORDINANCE NO. 2020 -
AN ORDINANCE AMENDING CHAPTER 15.04.020 OF THE VILLAGE OF BUFFALO GROVE MUNCIPAL CODE
1970.
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. Section 15.04.020 "Amendments", Subsection 109.2 A. "Schedule of Permit Fees" of the Village
of Buffalo Grove Municipal Code is hereby amended by adding the following:
15.04.020 Amendments
Section 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical and
plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as
required, in accordance with the schedule as established by the Village of Buffalo Grove.
A. A fee for each plan examination, building permit and inspection shall be paid prior to
the issuance of permit(s) in accordance with the following schedule:
19. Recovery of Third Party Costs. The Village may recover all third party
vendor and consultant fees incurred by the Village for commercial plan
review and commercial inspection. Said costs may be added to the permit
fees or collected prior to the issuance of a certificate of occupancy.
Section 2. This Ordinance shall be in full force and in effect from and after its passage and approval. This
ordinance may be published in pamphlet form.
AYES:
NAYS:
ABSENT:
PASSED: 12020
APPROVED: .2020
Beverly Sussman, Village President
ATTEST:
Janet M. Sirabian, Village Clerk
Packet Pg. 92
9.0
Ordinance No. 0-2020-87 : Ordinance Amending Section 2.08 of the
Village Code Regarding the Appointment of a Building
Commissioner
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Recommendation of Action
Staff recommends approval of the attached Ordinance.
With the impending departure of Village's Building Commissioner, staff is requesting an amendment to
the Village Code to allow the Village Manager to make the appointment of a designated Building
Commissioner. As proposed, the Village Manager shall appoint a Building Commissioner who may
appoint a designee. The Building Commissioner or designee shall serve the duties identified in the Village
of Buffalo Grove Municipal Code including those responsibilities as the Building Official, Code Official and
Zoning Administrator.
ATTACHMENTS:
• BOT Memo (DOCX)
• Building Com Ordinance (DOCX)
Trustee Liaison
Smith
Monday, November 2, 2020
Staff Contact
Chris Stilling, Community Development
Updated: 10/28/2020 9:53 AM
Page 1
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9.C.a
BUFFAL0 GRUNT
MEMORANDUM
DATE: October 15, 2020
TO: Dane Bragg, Village Manager
FROM: Chris Stilling, Deputy Village Manager
SUBJECT: Ordinance Amending Section 2.08.040 of the Municipal Code
IN
BACKGROUND
Brian Sheehan, Building Commissioner, has accepted the VSI and has retired as of July 2020. The
Village brought Mr. Sheehan back on a temporary part-time basis to assist with various projects,
which will end sometime in early 2021. The Village Code currently identifies several responsibilities
of the Building Commissioner in matter of Code interpretation. With the impending departure of
Brian Sheehan, staff is requesting an amendment to the Village Code to allow the Village Manager
to make the appointment of a designated Building Commissioner. As proposed, the Village
Manager shall appoint a Building Commissioner who may appoint a designee. The Building
Commissioner or designee shall serve the duties identified in the Village of Buffalo Grove
Municipal Code including those responsibilities as the Building Official, Code Official and Zoning
Administrator.
RECOMMENDATION
Staff recommends approval of the attached Ordinance amending Section 2.08.040 of the Village of
Buffalo Grove Municipal Code
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9.C.b
Underlined = addition
October 22, 2020
1970.
ORDINANCE NO. 2020 -
AN ORDINANCE AMENDING CHAPTER 2.08 VILLAGE MANAGER
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. Section 2.08.040 of the Village of Buffalo Grove Municipal Code is hereby amended by adding
the following:
2.08.040 - Duties.
The Village Manager shall be the chief administrative officer of the Village and shall be responsible to
the Corporate Authorities for the proper administration of the affairs of the Village. The power and duties
of the Village Manager shall be to:
U. Appointment of the Building Commissioner. The Village Manager shall appoint a Building
Commissioner who may appoint a designee. The Building Commissioner or designee shall serve
the duties identified in the Village of Buffalo Grove Municipal Code including those responsibilities
as the Building Official, Code Official and Zoning Administrator.
Section 2. This Ordinance shall be in full force and in effect from and after its passage and approval. This
ordinance may be published in pamphlet form.
AYES:
NAYS:
ABSENT:
PASSED: , 2020
APPROVED: ,2020
Beverly Sussman, Village President
ATTEST:
Janet M. Sirabian, Village Clerk
Packet Pg. 95
9.D
Ordinance No. 0-2020-89 : Ordinance Approving Amendments to
Section 15.36 of the Village Code Concerning Rental Inspections
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval of the attached Ordinance.
In an effort to identify new efficiencies, staff has evaluated the Residential Rental Program. The program's
structure and fees have not changed since its inception 8 years ago. Through analysis of our program
and comparison to surrounding communities, staff believes that the existing program is in need of
improvements. The attached memorandum provides further details.
ATTACHMENTS:
• BOT Memo (DOCX)
• Rental Ordinance (DOCX)
Trustee Liaison
Smith
Monday, November 2, 2020
Staff Contact
Nicole Woods, Community Development
Updated: 10/28/2020 3:21 PM
Page 1
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9.D.a
N`1111,AGE OF
BUFF,kLO GROVE
MEMORANDUM
DATE: October 29, 2020
TO: Dane Bragg, Village Manager
FROM: Nicole Woods, Deputy Director of Community Development
N1
SUBJECT: Amendment to the Residential Rental Housing Program Code (Title 15.36 of the
Buffalo Grove Municipal Code)
BACKGROUND
In 2012, the Village of Buffalo Grove instituted a Residential Rental Program to help maintain a high
standard of living and protect the Village's home values and quality. At its core, the program requires
the owners of rental units to obtain/renew an annual Residential Rental License. The license includes
an application, registration fee, and inspection. Inspections for rentals in condominiums, duplexes, row
homes, townhomes, or single-family homes (CDRTS), are performed on an annual basis. Inspections
for apartment complexes are also annual and are conducted on approximately 25% of the complex's
units.
The Village's multi -family complexes have remained fairly static over the years and include five
complexes which have equated into staff inspecting approximately 357 units annually (25% of each
complex's total units). The number of CDRTS rental licenses in Buffalo Grove has increased by 61%
from 665 in 2016 to 1,071 in 2020. Thereby dramatically increasing the Village's workload in terms of
coordination, management, and inspections.
In an effort to identify new efficiencies, staff has evaluated the Residential Rental Program. The
program's structure and fees have not changed since its inception 8 years ago. Through analysis of
our program and comparison to surrounding communities, staff believes that the existing program is
in need of improvements, namely around the fee structure and inspection frequency. Currently the
Village's flat fee and inspection frequency structures do not incentivize compliance as well as
accountability from the property owner and suggest potential excessive labor on behalf of the Village.
Such a structure is not economically beneficial and sustainable for the Village to continue. Program
restructuring is particularly timely given the Community Development Department's staff reduction
(due to VSI program and other restructuring), and underlying effort to become more efficient in its
services. At the same time, the department would like to revise the program before the new ERP
software program, which could automate the program and thereby reach further efficiencies.
Staff presented these proposed changes to the Village Board on October 5th for discussion. The Board
at that time expressed support for these changes.
Please note that the proposed Ordinance to Amend the Residential Rental Program works in
conjunction with the proposed Ordinance to Amend the Fee Schedule (Title 1.16) as it relates to
the Residential Rental Program. This Ordinance to Amend the Fee Schedule (Title 1.16) is a
separate item on Board's agenda.
Page 1 of 3
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9.D.a
RENTAL PROGRAM ELEMENTS TO BE MODIFIED
Overall, the Residential Rental Program would operate to achieve the same goal, which is to help
maintain a high standard of living and protect the Village's home values and quality. To help the
Village better and more efficiently achieve this goal, Staff analyzed the currently program as well
as examined the Residential Rental Programs amongst 23 comparable communities. Through this
evaluation, staff proposes the following program modifications. These changes can help
incentivize compliance as well as accountability from property owners and reduce multiple
inspections.
• The Village would remove its policy for charging half the registration fee for those
properties that registered after July 1sc
• Late Registration Fees are increased and tiered.
• Re -inspection fees are increased and tiered. The current program does not charge for the
first re -inspection but does charge for any additional re -inspections. The proposed
program would charge on a tiered schedule for all re -inspections.
• The proposed program would charge a fee for absentee inspection or if cancellations occur
within 24 hours of the scheduled inspection.
• Biennial vs annual inspections based upon compliance with code. If a rental unit in a
condominium, duplex, row home, townhome, or single-family home receives three or less
violations, they are still required to retain a license the following year, however an
inspection is not required. Those rental units that have four or more violations would be
required to have an inspection the following year.
Other proposed amendments to the code are meant to improve the code's consistency and clarify
the intent of the program and improve its operation. This includes not allowing rentals of
bedrooms or portions of a dwelling unit as well as not issuing licenses until all fees are paid.
PROJECTED OUTCOMES
Staff anticipates that the modifications to this program would result in the following projected
outcomes.
Reduce Excessive Inspections and Associated Workload
Applying the new rental program to the 2019 total number of units, would allow 850 rental units
to be inspected biennial and thereby save approximately 320 hours annually or (640 every two
years) of staff time just on inspections alone. Given our soon -to -be implemented contract
inspection model, this could save us approximately $17,000 annually. This is rough calculation only
uses estimates based upon those rentals that pass after the first inspection and does not include
those with 1-3 minor violations. Moreover, the estimate also does not include the administrative
workload associated with scheduling inspections.
Increase Compliance and Accountability
The program's current structure puts much of the responsibility on Village staff to be sure all
rentals have been registered, paid, as well as scheduled for an inspection or re -inspection. This
may have been suitable in the early years of the program but now given its longevity and increase
Page 2 of 3
Packet Pg. 98
9.D.a
in rental volume, it is appropriate to have the property owners take greater responsibility for their
rental properties. It appears that other communities have also shifted to a similar approach.
Retain Service Level
Staff feels that even with these structural changes, Buffalo Grove can still retain its high level of
service in monitoring Buffalo Grove's rental units. The new proposed program structure does not
diminish the service level but instead prioritizes its resources to those actors and units that pose
the most serious threat to the Village reaching its service goal.
ACTION REQUESTED
Staff recommends that the Village Board approve an Ordinance amending the Residential Rental
Housing Program (Title 1S.36 of the Buffalo Grove Municipal Code).
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Page 3 of 3
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9.D.b
Underlined = addition
StF*l(eth-,)u ^h= deletion
October 27, 2020
ORDINANCE NO. 2020 -
AN ORDINANCE AMENDING CHAPTER 15.36 RESIDENTIAL RENTAL HOUSING PROGRAM
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution
of 1970.
NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
Section 1. Section 15.36 of the Village of Buffalo Grove Municipal Code is hereby amended as follows:
15.36.010 - Purpose.
The purpose of this Chapter is to provide for the licensing and inspection of rental residential
property so as to protect the public health, safety, and welfare of the people of the Village including:
A. To protect the public health and safety by insuring rental units comply with minimum housing
standards of Village ordinances;
B. To protect the character and stability of residential areas;
C. To correct and prevent housing conditions that adversely affect or are likely to adversely affect
the life, safety, general welfare and health, including the physical, mental and social wellbeing
of persons occupying dwellings;
D. To prevent the overcrowding of dwellings by requiring compliance with minimum space
standards per occupant for each dwelling unit;
To facilitate the enforcement of minimum standards for the maintenance of existing residential
building and thus to prevent slums and blight;
F. To preserve the value of land and building throughout the Village.
15.36.020 - Provisions of inspection rights and penalties.
This Chapter shall not be construed as to obligate or restrict the right of this Village to inspect any
property nor to seek penalties for violations of other provisions of this Code.
15.36.030 - Definitions.
A. "Code Official" means the Building Commissioner of the Village or designee.
"Conditional license" means a limited approval of the premises for a period of up to six months when
a property cannot fully comply with all the applicable requirements of the Village of Buffalo Grove
due to special circumstances (e.g. weather conditions, unavailability of required materials or services,
or other circumstances approved by the Code Official).
C. "Member of the owner's family" means an individual related by blood, adoption or marriage.
D. "Owner" shall include, but not by way of limitation, a beneficiary of a trust.
Packet Pg. 100
9.D.b
E. "Premises" means a lot, plot or parcel of land including the interior and exterior of any structures
thereon.
F. "Property agent" means a person, operator, firm, partnership, corporation, or other legal entity
designated in writing by the property owner to the Code Official to manage a rental residential
property including the authority to receive notices or citations.
G. "Rental residential property" means residential structures or individually titled dwelling units let or
intended to be let for rent or lease including single-family detached structures.
H. "Tenant" means an occupant of rental residential property.
I. Words or phrases as used in this Chapter and not defined in this section shall be defined as provided
by the Village of Buffalo Grove's Property Maintenance Code and building codes.
15.36.040 - License required.
A. It is unlawful for any person, firm, partnership, corporation, or other legal entity to operate, maintain
or offer to rent within the Village of Buffalo Grove a rental residential property whether vacant or
not without first obtaining a license or a tempeFaFy EeFtifieat , conditional license as provided in this
Chapter.
B. It is unlawful for a person to occupy a rental residential property, or for any owner or property agent
to allow anyone to occupy a rental residential property which is not licensed or which is without a
t,,.,,.,aFaFy ceFtif sate conditional license as provided in this Chapter.
C. It is unlawful for any person, firm, partnership, corporation, or other legal entity to affeF fe rent or
to occupy any vacant dwelling unit or any dwelling unit that becomes vacant in a rental residential
property for which a license is under suspension.
D. It is unlawful for any person, firm, partnership, corporation, or other legal entity to rent any bedroom
or portion of a dwelling unit.
-DE. This Chapter shall not apply to the following structures:
1. Owner -occupied residential dwelling units;
2. Residential dwelling units occupied by a member of the owner's family;
3. Residential buildings or dwelling units which are vacant and which are not intended to be let for
rent;
4. Hotels, motels, and other structures which rent rooms to occupants which are primarily
transient or extended stay in nature;
5. Dwellings, buildings, structures and uses owned by other governmental agencies and public
housing authorities;
6. Nursing homes and convalescent care facilities.
€F. A license or a teFnPBFaFy ..ertific_-at , conditional license for a rental residential property cannot be
transferred to another residential property nor a succeeding owner.
15.36.050 - License application and requirements.
A. Each applicant for a license to maintain a residential property for the purpose of renting it to others
shall file a written application with the Code Official stating:
1. The full legal name, address, and home and work telephone numbers of each and every owner;
Packet Pg. 101
9.D.b
2. If the residential property is held in trust, state the name, address, work phone of the trustee
and each beneficial interest holder;
3. The address of the rental residential property;
4. The number of dwelling units within the rental residential property;
5. The name, address, and phone number of aRy management GaFnpapvy a local agent and
management company, if applicable, retained as property agent for the property and the name,
address, and phone number of the person specifically assigned to the rental residential
property;
6. The name, address, and twenty -four-hour phone number or numbers of a responsible person
who, in emergency situations, will be available on a twenty -four-hour basis and who has the
authority to make repairs as needed.
B. Whenever there is a change in ownership of a rental residential property or the owner's property
agent, the owners shall with thirty days of such changes, file an updated written notice with the Code
Official indicating such changes.
C. Each application for a new license or a renewal of any existing license shall be accompanied by an
annual fee as set forth in Chapter 1.16 of this Code.
D. A license period shall commence on January 15Tof a given year and shall terminate on December 31
5t of that year.
E. All license fees shall be due payable upon submission of the license application or renewal forms. If
the annual registration fee is not paid by January 1 5t a late fee shall be charged. The late fee will
doubled if the fee is not paid by February 15t thp, f..., -h-ll be .J u h-led- „ pt theaRR-Hal fee for the
ch-.II mmit Anp-hplf
the -.I lic.,rr., f.,.,
£.F No structural, mechanical, electrical, or plumbing alterations or repairs, or any remodeling shall be
made to the units in a licensed property unless all zoning and building code requirements have been
met and applicable building permits obtained and inspections approved.
#.G. A copy of the record of tenant names required under Section 15.36.100(A) shall be kept on file by
the property owner and/or property agent and made available upon request to the Code Official or
designee.
15.36.060 - Inspection requirements —License issuance or denial.
A. Upon submission of a completed application for a license or license renewal for any one- or two-
family rental residential property and the payment of all required fees, an inspection of the one- or
two-family rental residential property shall be Sehe dole d -and must be pPrfRrR;Pd , ith;R th f r,#
th.-pp i:, A rthr Af the I;,.,,n,.e ye aFtial li.......-e ye performed at least every other year provided
that the number of violations found on the premises equal three or less. If the number of violations
found on the premises equals four or more, the premises must be inspected within the next 12-
month period.
B. Upon submission of a completed application for a license or license renewal for any multifamily rental
residential property and the payment of all required fees, an inspection of the multifamily rental
residential property shall be 50hed-used- -and must he performed within the current license year
paTt�aiiicen,`s car
Packet Pg. 102
9.D.b
C. A licensing inspection of rental residential property shall include the premises and, in the case of
multi -family rental residential property, a percentage of the individual dwelling units with a minimum
of at least one dwelling unit. The Code Official or designee shall determine which dwelling units are
to be inspected.
D. When a licensing inspection of a rental residential property reveals any violations of applicable codes,
a compliance time frame will be set by the Village inspector. In establishing a compliance time frame,
the Village inspector shall determine the reasonable minimal time necessary to correct the violations
based upon the number and severity of the violations. The Village inspector shall provide a copy of
the written inspection report. Such inspection report shall be left at the property with the owner,
agent or tenant who was present for the inspection and shall include the following:
1. A description of the property sufficient for identification;
2. The inspection report listing the violations of applicable codes;
3. The inspection report indicating the date upon which the licensing reinspection will occur; and
4. An explanation that if upon completion of the licensing reinspection the requirements of
applicable Village codes have not been met, then the license may be denied or revoked.
E. A licensing reinspection shall be conducted at the end of the compliance time frame. Upon
completion of the licensing reinspection of the rental residential property, the Code Official shall;
1. Approve the license if the rental residential property meets the requirements of applicable
Village codes; or
2. Approve a conditional license if the property cannot be fully licensed due to special
circumstances; or
3. Issue a written denial of the license if the requirements of Village codes have not been met. The
written denial shall specify the defect(s) that remain and shall be transmitted by regular U.S.
mail to the applicant.
A conditional license may be issued for a term not exceeding six months to those rental properties
which cannot be fully licensed due to special circumstances, (e.g. weather conditions, unavailability of
required materials or services, or other circumstances approved by the Code Official). Any property
which has not met the requirements of the applicable Village codes by the end of the conditional
licensing term shall be considered unlicensed.
All Aditienal inspeetions reinspections made necessary because of cited violations "ems"
ea-FFeeted at- the ti ffle f the ;r;+;-a' lieseR e . eretie shall be subject to e the fee schedule as set
forth in Chapter 1.16 of this Code. The Rditi Ral liee.n. a -and the F„" r Rta! r ,.;,d,,ntial lieeRse shall
Ret be issued and the PFGpeFty shall REA be cCA-R-rideffed pFepeFty "GeRSP-84 unti.1 _A! fees aFe paid-.
G. When an owner or agent fails to keep a scheduled inspection or re -inspection, or fails to cancel a
scheduled appointment by 24 hours prior to the scheduled appointment, an inspection absentee fee
or cancellation fee shall be charged as set forth in Chapter 1.16 of this Code. Such fee shall be
assessed per building or property, not for each individual dwelling unit.
H. The conditional license and the full rental residential license shall not be issued and the property shall
not be considered property licensed until all fees are paid.
61. Applications for license renewals shall be made in the same manner as for new applications except
that such applications shall state thereon such fact.
Packet Pg. 103
9.D.b
15.36.070 - Enforcement.
It shall be the duty of the Village Building and Zoning Department to enforce the provisions of this
Chapter as authorized by the Buffalo Grove Municipal Code and the Property Maintenance Code as
adopted and amended from time to time by the Village.
15.36.080 - Violations.
The following shall constitute violations of this Chapter:
A. Failure of the owner or owners of the rental residential property to license such property with
the Village;
B. Failure of the occupants of the rental residential property to vacate such property within sixty
days after receiving notice from the Code Official that such property is not properly licensed;
C. Failure of the owner or owners of the rental property to vacate all tenants from such property
within sixty days after the license has been revoked;
D. Failure of the owner or owners of the rental property to maintain the structure and premises in
compliance with applicable building, property maintenance and zoning ordinances;
E. Any person other than one authorized by the Code Official who removes or defaces any notices
which have been posted pursuant to this Chapter shall be liable for the penalties provided for
by this Chapter.
15.36.090 - License —Suspension and revocation.
A. A license may be suspended when any violation of applicable Village codes has been identified by the
Village and the property owner has been properly notified of the violation and given a reasonable
period of time in which to correct the violation, but has failed to do so. A license may also be
suspended when any information provided in the license application is determined by the Code
Official to be false.
B. When an inspection of a licensed rental residential property reveals any violation of applicable codes,
a compliance time frame will be set by the Code Official using the standard as set forth in Section
15.36.060(D). The Code Official shall provide notice by personal service or send notice to the property
owner or the listed property agent by regular U.S. mail at the last address provided on the most
recent license application. Such notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement listing the violation(s) of applicable codes;
3. A statement indicating the date upon which a reinspection will occur; and
4. An explanation that if upon completion of the reinspection the requirements of applicable
Village codes have not been met, then the license for the rental residential property will be
suspended.
C. A reinspection will be conducted at the end of the compliance time frame. If the Code Official finds
that the requirement of applicable Village codes have not been met upon the completion of such
reinspection, then the license for the rental residential property shall be suspended.
Packet Pg. 104
9.D.b
D. When a license is suspended, the Code Official shall send notice to the property owner or the listed
property agent at the last address provided on the most recent license application. Such notice shall
be sent by certified mail, return receipt requested. The notice shall include the following:
1. Description of the property sufficient for identification;
2. A statement of the reasons for the suspension;
3. A statement of the property owner's right to appeal the suspension;
4. If the property owner changes his address or changes property agents and fails to notify the
Building and Zoning Department, such notice shall be sufficient if sent by certified mail to the
owner or his property agent's last address provided on the last license application.
E. A property owner whose license has been suspended may request a reinspection prior to revocation.
If, upon reinspection, the Code Official finds that the licensed property in connection with which the
notice was issued is now in compliance with this Chapter, then the Code Official may reinstate the
license. The request for a reinspection shall not stay the revocation of the license unless the Code
Official grants such request pursuant to a showing of good cause by the property owner.
Any person whose license has been suspended shall be entitled to appeal the suspension to the
Village President by filing a petition within twenty days after the date of suspension. The Code Official
shall transmit to the Village President copies of all records and notices upon which the suspension is
based. A hearing shall be scheduled as soon as practical upon receipt of a timely petition. The Village
President in considering any such petition may immediately revoke the license, continue the
suspension to a definite compliance date with revocation being the penalty for noncompliance, or
dismiss the charges and reinstate the license.
G. A license may be revoked when a petition for appeal has not been filed within twenty days following
the date of issuance of an order of suspension, or, if the suspension is sustained after appeal. A
license may also be revoked when in the opinion of the Code Official emergency conditions exist in a
rental residential property that require the immediate vacating of a structure as specified in the
Village's Property Maintenance Code.
H. A license which has been properly revoked as provided in this section shall not be reinstated. The
property owner may, however, obtain a new license after all violations have been corrected and by
following the procedures for obtaining a new license and payment of appropriate fee(s) as set forth
in this Chapter.
I. If a license is revoked without having the opportunity of a suspension hearing, the property owner
has the right to appeal that revocation. Such appeal shall conform to subsection (F) of this section.
Such an appeal shall operate as a stay of the revocation until such time as the Village President
renders a decision on the appeal.
J. Whenever a license is revoked, the Code Official shall send notice to the property owner or the listed
property agent at the last address provided on the most recent license application. Such notice shall
be sent by certified mail, return receipt requested. The Code Official shall also notify all tenants of
the rental residential property by posting a notice on all entrances to the rental residential structure.
The notice to the tenants shall include the following:
1. You are hereby notified that the license for this structure has been revoked pursuant to Chapter
15.36 of the Buffalo Grove Municipal Code.
2. You must vacate this structure within sixty days of the date of this notice.
Packet Pg. 105
9.D.b
If you fail to vacate this structure, you will be in violation of Chapter 15.36 of the Buffalo Grove
Municipal Code and subject to a fine pursuant to Chapter 1.08 of the Buffalo Grove Municipal
Code.
Whenever an owner or property agent of a rental property fails to license such property with the
Village, the Code Official shall notify all tenants of the rental property by posting a notice on all
entrances to the rental property indicating the following:
1. You are hereby notified that the owner or agent of this rental structure has failed to license this
rental property with the Village of Buffalo Grove in violation of Chapter 15.36 of the Buffalo
Grove Municipal Code.
2. You must vacate this structure within sixty days of the date of this notice.
If you fail to vacate this structure, you will be subject to a fine pursuant to Chapter 1.08 of the
Buffalo Grove Municipal Code.
Packet Pg. 106
9.D.b
15.36.100 - Owner responsibility.
A. The owner of a rental residential property shall maintain a record for each property with the full legal
names of every tenant in each dwelling unit.
B. The owner or property agent of a rental residential property shall provide each tenant with the name
and telephone number of a responsible person who, in emergency situations, will be available on a
twenty -four-hour basis and who has the authority to make repairs as needed.
15.36.110 - Inspection access.
If any owner, property agent, occupant or other person in control of a rental residential property or a
dwelling unit contained therein fails or refuses to consent to free access and entry to the property or a
dwelling unit under his control for any inspection pursuant to this Chapter, the Code Official or their
designee may apply to the circuit court for a search warrant or other appropriate court order authorizing
such inspections.
15.36.120 - Violation —Penalty.
Any person, firm or corporation violating any of the provisions of this Chapter, in addition to other
legal and equitable remedies available to the Village shall be punished according to the provisions of
Chapter 1.08, General Penalty. Each day during which a violation of this chapter continues or is permitted
to exist shall be considered a separate and distinct offense.
Section 2. This Ordinance shall be in full force and in effect from and after its passage and approval. This
ordinance may be published in pamphlet form.
AYES:
NAYS:
ABSENT:
PASSED: , 2020
APPROVED: ,2020
Beverly Sussman, Village President
ATTEST:
Janet M. Sirabian, Village Clerk
Packet Pg. 107
9.E
Ordinance No. 0-2020-90 : Ordinance Approving Amendments to
Section 1.16 of the Village Code Concerning Fees for the
Residential Rental Program
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Recommendation of Action
Staff recommends approval of the attached Ordinance.
In conjunction with the proposed Ordinance to Amend the Residential Rental Program (Title 15.36), staff
is proposing changes to the Village's fee schedule as it relates to the program. Additional information can
be found in the attached memorandum.
ATTACHMENTS:
• BOT Memo (DOCX)
• Fee Schedule Ordinance (DOCX)
Trustee Liaison
Smith
Monday, November 2, 2020
Staff Contact
Nicole Woods, Community Development
Updated: 10/28/2020 3:21 PM
Page 1
Packet Pg. 108
9.E.a
N`1111,AGE OF
BUFF,kLO GROVE
MEMORANDUM
DATE: October 29, 2020
TO: Dane Bragg, Village Manager
FROM: Nicole Woods, Deputy Director of Community Development
N1
SUBJECT: Amendment to the Fee Schedule (Title 1.16) regarding Residential Rental Code.
BACKGROUND
Please note that the proposed Ordinance to Amend the Fee Schedule (Title 1.16) as it relates to the
Residential Rental Program works in conjunction with the proposed Ordinance to Amend the
Residential Rental Program (Title 15.36).
In an effort to identify new efficiencies, staff has evaluated the Residential Rental Program. The
program's structure and fees have not changed since its inception 8 years ago. Through analysis of
our program and comparison to surrounding communities, staff believes that the existing program is
in need of improvements, namely around the fee structure and inspection frequency. Currently the
Village's flat fee and inspection frequency structures do not incentivize compliance as well as
accountability from the property owner and suggest potential excessive labor on behalf of the Village.
Such a structure is not economically beneficial and sustainable for the Village to continue.
Staff presented these proposed changes to the Village Board on October 5th for discussion. The Board
at that time expressed support for these changes.
PROPOSED FEE SCHEDULE MODIFCIATIONS
The following modifications are proposed so to better align with service levels and fees of
comparable communities. In addition, these changes can help incentivize compliance as well as
accountability from property owners and reduce multiple inspections. Most of these types of
incentives and tiered modifications mirror Palatine's rental program structure.
Slightly increased license fee. The fee would increase from $75 to $85 for rentals in
condominiums, duplexes, row homes, townhomes, and single-family homes. The fee for
multifamily buildings would also slightly increase. Currently there is a charge for $150 per
building and $30 per unit, which would be increased to $150 per building and $40 per unit.
For multi -family units, the program would continue to only inspect 25% of the units on an
annual basis. In addition, the Village would remove its policy for charging half the
registration fee for those properties that registered after July 15t
• Late Registration Fees are increased and tiered. The existing program charges a late fee
of $75, while the proposed program would charge a late fee of $85 within 30 days of
expiration date and $170 for over 30 days of expiration date.
Page 1 of 2
Packet Pg. 109
9.E.a
• Re -inspection fees are increased and tiered. The current program does not charge for the
first re -inspection but does charge $50 for any additional re -inspections. The proposed
program would charge $50 for the first re -inspection, $75 for the second and $125 for the
third.
• Establishes inspection absentee and cancellation fees. The existing program does not
penalize those who are absent from scheduled inspections or provide last minute
cancellations. The proposed program would charge $60 for absentee inspection and $60
if cancellations occur within 24 hours of the scheduled inspection.
The Table below provides an overview of the existing and proposed fees and inspection structure
associated with the existing and proposed rental program.
Table 1. Fee Structure and Inspection Freauencv in the Current vs. Proposed Proaram
Currently
Proposed
$75 between January 1st and
License
Single family home, Condominium,
June 30th
$37.50 between July 1 and
$85
Registration
Townhome, or Rowhouse
Dec 31st
$150 per building
$150 per building
Fees
plus $30 per
plus $40 per
Multi Family
dwelling unit
dwelling unit
Fees
$85 if license fee is paid between
$75
January 1st and February 1st and
Late Registration Fee
$170 if paid after February 1st
1st Re -inspection: Free (Included
in License Fee) 2nd + Re-
1st Re -inspection: $50
2nd Re -inspection: $75
Related Fees
Re -inspection Fee
inspection: $50
3rd + Re -inspection $125
Inspection Absentee Fee
NA
$60
Inspection Cancellation Fee
NA
$60
ACTION REQUESTED
Staff recommends that the Village Board approve an Ordinance amending the Fee Schedule (Title 1.16)
regarding Residential Rental Code.
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9.E.b
Underlined = addition
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October 27, 2020
ORDINANCE NO. 2020 -
AN ORDINANCE AMENDING CHAPTER 1.16 FEE SCHEDULE PROGRAM AS IT RELATES TO THE RENTAL
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WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of
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NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
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VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS as follows:
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Section 1. Section 1.16 of the Village of Buffalo Grove Municipal Code is hereby amended as follows:
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1.16.010 - Fee Schedule
The following is the Village of Buffalo Grove Fee Schedule:
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15.36.050 Third and subsequent reinsepction fee(s) 125.00
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Packet Pg. 111
9.E.b
Section 2. This Ordinance shall be in full force and in effect from and after its passage and approval. This
ordinance may be published in pamphlet form.
AYES:
NAYS:
ABSENT:
PASSED: , 2020
APPROVED: 12020
ATTEST:
Janet M. Sirabian, Village Clerk
Beverly Sussman, Village President
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9.F
Resolution No. R-2020-51 : Resolution to Submit an Illinois
Transportation Enhancement Program (ITEP) Funding Application
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
The Village of Buffalo Grove is submitting an Illinois Transportation Enhancement Program (ITEP)
Funding Application for a proposed bike path along Bernard Drive as part of the roadway reconstruction
project.
ATTACHMENTS:
• Memo ITEP Grant Application (DOCX)
• ITEP Grant Resolution VBG (DOCX)
Trustee Liaison
Stein
Monday, November 2, 2020
Staff Contact
Kyle Johnson, Engineering
Updated: 10/27/2020 2:56 PM
Page 1
Packet Pg. 113
9.F.a
VILLACE OF
MEMORANDUM
DATE: October 27, 2020
TO: Dane Bragg, Village Manager
FROM: Darren Monico, Village Engineer
SUBJECT: Illinois Transportation Enhancement Program Grant Application
As part of the Illinois Transportation Enhancement Program (ITEP) Grant with the State of Illinois, the
Village Board is required to approve a resolution if Village funds are being included in the proposed
grant project.
The Village is applying for a $1,616,300 grant to build a shared used path along Bernard Drive from
Arlington Heights Road to Buffalo Grove Road. If approved and if the Village is awarded the grant funds
the Village would contribute $455,830 in general fund towards the total project cost.
Staff recommends approval of the ITEP Grant resolution.
Packet Pg. 114
9.F.b
RESOLUTION NO.
A RESOLUTION AUTHORIZING SUBMITTAL OF A GRANT APPLICATION FOR ILLINOIS TRANSPORTATION
ENHANCEMENT PROGRAM FUNDS FOR BERNARD DRIVE BIKE PATH.
WHEREAS, federal grant funding is available through the Illinois Transportation Enhancement Program
(ITEP) administered by the Illinois Department of Transportation; and
WHEREAS, these ITEP funds are to be utilized to fund projects which enhance the transportation system
by serving a transportation need or by providing a transportation use or benefit; and
WHEREAS, the Village of Buffalo Grove has plans to construct a bike path along Bernard Drive from
Arlington Heights Road to Buffalo Grove Road with a total project cost of $2,072,130; and
WHEREAS, the proposed project is eligible for funding under ITEP.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF
BUFFALO GROVE, ILLINOIS:
THAT an application be made to the Illinois Department of Transportation for a financial assistance grant
in the amount of $1,616,300, which is 78% percent of the total estimated cost, under the Illinois
Transportation Enhancement Program for the purpose of funding the Bernard Drive Bike Path; and
THAT the Village of Buffalo Grove will provide the 22% percent local matching funds in the amount of
$455,830 for the proposed project; and
THAT the President of the Village of Buffalo Grove is hereby authorized and directed to execute and
submit on behalf of the Village of Buffalo Grove such application.
AYES:
NAYES:
ABSENT:
PASSED: 2020
APPROVED: 2020
APPROVED:
Beverly Sussman, Village President
ATTEST:
Janet Sirabian, Village Clerk
0
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Packet Pg. 115
Action Item : Approval of Contract Between the Village and Buffalo
Grove Professional Firefighter/Paramedic Association Local 3177,
IAFF, AFL-CIO, CLC for the Period of May 1, 2020 - April 30, 2023
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Recommendation of Action
Staff recommends the Village Board authorize Village Manager Bragg to sign the attached agreement.
A memo summarizing the changes, a red -line copy of the agreement, and the final agreement are all
attached for review.
ATTACHMENTS:
• Summary Memo 102020 (DOCX)
• 2020 Summary of Changes CBA with IAFF (DOCX)
• CBA - Final Draft Redlined 10.16.20 (DOCX)
• CBA - Final Draft 10.16.20 (DOCX)
Trustee Liaison
Ottenheimer
Monday, November 2, 2020
Staff Contact
Arthur a Malinowski, Human Resources
Updated: 10/29/2020 3:37 PM
Page 1
Packet Pg. 116
11.A.a
)�) E OF
11UFFAL0 GRON,"T,
MEMORANDUM
DATE: October 29, 2020
TO: President Beverly Sussman
Board of Trustees
FROM: Mike Baker, Fire Chief
SUBJECT: 2020-2023 IAFF Collective Bargaining Agreement
IN
Over the course of the past year, Village staff has worked alongside Local #3177 President
Michael Spiro and Vice President Frank Doll to finalize the 2020-2023 Collective Bargaining
Agreement (CBA) with the International Association of Firefighters, Local #3177. Due to the
impacts of COVID and the inability to meet in groups to develop a successor CBA, the Village
staff and Local 3177 agreed to extend the CBA expiration date until October 2020.
The revised CBA largely maintains the existing conditions, with minor policy changes in the areas
of promotions, the makeup of fire department committees, as well as time off trades. In addition,
textual changes to the CBA were made to bring the agreement into alignment with the Village
Personnel Manual, to better reflect Local #3177's shift schedule, and remove errors or outdated
language.
General Agreement Cleanup
The majority of the changes within the proposed contract reflect edits to correct typographical
errors, to remove outdated language, or to update the agreement to mirror current Village and fire
department practices. These changes do not have an impact on Village policy, benefits, or
compensation, but maintain the agreement in a more accurate and reflective form.
References to Schedule
To add additional transparency and clarity to the agreement's clauses, all references to a 40 hour
work week were changed to reflect Local #3177's shift schedule. The proposed changes would
reduce the amount of time spent converting time between the two schedules and reduce
ambiguity, without changing the benefits currently provided by the Village.
Ratification of Agreement
At the October 13, 2020 Local #3177 meeting, the contract language as proposed was approved
by unanimous vote.
Packet Pg. 117
11.A.b
November 2, 2020
Agreement Between
The Village of Buffalo Grove and the Buffalo Grove Professional Firefighter/Paramedic
Association, Local 3177, IAFF
Summary of Changes
1. Three Year Agreement: May 1, 2020 through April 30, 2023.
2. Section 1.4 — Gender: Textual change to ensure that the gendered pronouns within the
agreement are fully inclusive.
3. Section 4.1 — Safety Committee: The membership of the Safety Committee was adjusted
to remove the requirement of a Lieutenant being present on the committee.
4. Section 4.2 — Standard Operating Procedures Committee: Textual edits to ensure the
agreement matches current practices for changes to standard operating procedures.
5. Section 4.3 — Labor -Management Committee: Addition of the EMS Coordinator and Fire
Department Management Analyst to the Committee due to significant roles in Department
administration.
6. Section 4.5 — Wellness/Fitness Program: Duplicative language regarding the physical
fitness program was removed and replaced with a reference to SOP 102.02 - Physical
Fitness Program to ensure that the contractual language remains up to date.
7. Section 4.6 — Return to Work After Illness/Injury: Textual edits to remove apparent
typographical errors.
8. Section 4.8 — Performance Evaluation Plan: The performance evaluation schedule was
adjusted to match current timelines and processes.
9. Section 4.9 — Secondary Employment: All references to revision dates were removed from
the agreement to ensure that the agreement reflects the most current revision. All SOPS
adopted by reference in the agreement shall be revised through a meeting of the Labor
Management Committee.
10. Section 5.1 — No Smoking: Textual edits to clarify the supremacy of state law.
11. Section 6.1 — Salaries: Wages were updated to reflect the current side letter agreement,
which became effective on May 1, 2020. In addition, requirements regarding the position
of Lieutenant were removed to match current practices and minimize duplicative
requirements.
12. Section 6.2 - Wage and Benefit Reopener: Affirmation that wages for the period of May 1,
2021 through April 30, 2022 and May 1 2022 through April 30, 2023 will be negotiated
separately via a wage reopener.
13. Section 6.3 — Overtime: A reference to the SOP dealing with overtime distribution was
added.
14. Section 6.4 — Training Overtime: Textual edit to correct the SOP reference.
Packet Pg. 118
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15. Section 6.8 - Health, Dental and Vision Benefits: References to an inactive health
insurance incentive program were removed and textual edits were conducted to ensure that
references to life insurance matched the formatting of health, dental and vision benefits.
16. Section 7.1- Definitions: The definition of duty trade was clarified to ensure that the Shift
Commander must give approval of duty trades. Similarly, the definition of union swap was
adjusted to allow additional flexibility to union swaps, while maintaining current
department practices.
17. Section 7.2 - Holidays: Textual changes were conducted to add clarity to holiday pay
calculations and to align the agreement with current practices. Similarly, textual edits were
added to clarify duty swap procedures on holidays.
18. Section 7.3 - Kelly Days: A typographical error was corrected and a clarification regarding
Kelly Day periods was added.
19. Section 7.7 - Accrued Sick Leave: Textual edits to align the agreement with the personnel
manual and maintain references to an annual 24 hour shift schedule. Similarly, the date of c
the effective lowest hourly rate was shifted to January 3 1 " to ensure alignment with the c�
personnel manual and current practices. Q
20. Section 7.8 - Medical Certificate: Adjustments were made to change the required
signature on medical certificates from a doctor's signature to that of a qualified medical U-
professional to reflect the expansion of physician's assistants in the medical field. g
21. Section 7.12 - Compensatory Time: All references to revision dates were removed from
the agreement to ensure that the agreement reflects the most current revision. All SOPS 3
adopted by reference in the agreement shall be revised through a meeting of the Labor m
Management Committee.
22. Section 7.13 - Selection of Scheduled Days Off. Textual edit to correct SOP reference. In
addition, all references to revision dates were removed.
23. Section 7.14 - Family and Medical Leave of Absence: Section 7.14 was added to recognize
required federal FMLA benefits.
24. Section 10.2 - Performance Improvement Plan: All references to revision dates were
removed from the agreement to ensure that the agreement reflects the most current revision.
All SOPS adopted by reference in the agreement shall be revised through a meeting of the
Labor Management Committee.
25. Section 11.2 - Fair Share: Section 11.2 was removed to reflect the requirements of the
Supreme Court's Janus vs AFSCME decision.
26. Section 12.9 - Promotions - Fire Lieutenant: The language regarding the Lieutenant
promotional process was changed to add an increased emphasis on Performance Potential
Ratings and to reflect that the Written Examination is conducted by an independent testing
agency. In addition, duplicative and outdated language was removed.
27. Section 12.10 - Promotions - Battalion Chief. The language regarding the requirements of
the position of Battalion Chief was changed to add a requirement that interested individuals
must have a Bachelor Degree in order to test for promotion. In addition, a reference to the
Rules and Regulation of the Board of Fire and Police Commissioners was removed as the
promotional process follows state statute and internal rules and regulations, rather than the
BFPC.
28. Section 15.1 - Duration of Agreement: Textual edit to reflect current agreement timeline.
29. Entire Document - Amended certain language to more accurately reflect current policies,
practices, and terminology.
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11.A.c
AN AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC
ASSOCIATION
LOCAL 3177, IAFF, AFL-CIO, CLC
MAY 1, 2020 q 7 THROUGH APRIL 30, 2023201 Commented [TG1]: Edit 1: Changc of dates to rcfl
} car contractual agrccracnt.
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Table of Contents
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This Agreement is made and entered into by and between the Village of Buffalo
Grove, Illinois (hereinafter referred to as the "Village"), and the Buffalo Grove
Professional Firefighter/Paramedic Association, Local 3177, of the International
Association of Fire Fighters, AFL-CIO, CLC, (hereinafter referred to as the "Union").
It is the intent and purpose of this Agreement to set forth the parties' entire
Agreement with respect to the rates of pay, hours of employment, fringe benefits, and other
conditions of employment that will be in effect during the term of this Agreement for
employees covered by this Agreement; to prevent interruptions of work and interference
with the operations of the Village; to encourage and improve efficiency and productivity;
and to provide procedures for the prompt and peaceful adjustment of grievances, as
provided herein.
The Union agrees that its membership is committed to excellence in carrying out
the duties and mission of the fire department and the Union executive board agrees it has
a duty to address substandard performance among its members.
Now, therefore, the parties agree as follows:
EFRIKENM
Sedic,1111 Ll III ecooliufliluoiirm.
The Village recognizes the Union as the sole and exclusive bargaining
representative for all full time Firefighter/Paramedics and Lieutenants employed by the
Village of Buffalo in the classifications or ranks of Firefighter/Paramedics and Lieutenants,
but excluding Deputy Fire Chiefs, Battalion Chiefs, managerial, all part time or temporary
employees, all civilian employees, and all other employees of the Department and the
Village.
Stviliiioia 1 3 Fah llepiresenfat'i(iin,,,
The Union recognizes its responsibility as bargaining agent, and agrees fairly to
represent all employees in the bargaining unit, whether or not they are members of the
Union. The Union further agrees to indemnify and hold harmless the Village and its
officials, representatives and agents from any and all claims, demands, suits or other forms
of liability, (monetary or otherwise). In addition, the Union shall be responsible for paying
all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair
representation, although indemnification shall not be extended due to errors that are solely
the fault of the Village.
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Section 1,31 iutttmt D111sermmutmntoii1lusiin.
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.
utt°flolilt Iq.rl ('amtmluur.
q t' , 1 In this Agreement" ui ., oprurruuouty,u. auouu. t'lum � � tdou�lgo�roou�r q q„�mt.�s o°�.°..m �iai q o�,;
uR ollllG,u" ^,n1Cu'vo0 'H'u'dy1l,' �" OpV"a .,..,a � VG° V„iy�0�P16� tl110.,iA / � I,"t glltl,➢V,. �gVrp+bq.:.,r��%dq�r NO", 11u s'°r...ac�'].
tl �o���uoln000� dbo o,,,
gVWt"V➢'.k �gwto�q s,+�n0000�,�m, -IIm6goa��+o¢uu� ttCommented nnt2:Texangeto znst the eedoo]wrthiagreement
tSec lon 2W1 LJse oll°Etulieth'i Roam.„
The Village will allow the Union to place a bulletin board in the bunk rooms of
each fire station for the posting of official Union notices of a nonpartisan, non -derogatory
nature. The Union will limit the posting of Union notices to such bulletin boards.
1k,Viagmmmm3."1 lMamiia! u! iiriit,muiill R.igMs.
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
Packet Pg. 125
11.A.c
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 determine whether the services to be provided by employees covered by
this Agreement, or by other employees, or non -employees not covered by this Agreement;
to determine whether services may be contracted or sub -contracted out; to make, alter and
enforce reasonable rules, regulations, orders and policies (provided that only rules,
regulations, orders and policies that are mandatory subjects of bargaining shall be subject
to the grievance and arbitration procedure); to enforce and alter those provisions covered
under the Village of Buffalo Grove Personnel Rules, to enforce and alter the Buffalo Grove
Fire Department Standard Operating Procedures Manual and Fire Department Rules and
Regulations; to evaluate employees; to discipline, suspend, and discharge employees for
just cause in accordance with the Fire Department rules and policies, the Board of Fire and
Police Commission rules and regulations, and the Illinois Board of Fire and Police
Commissioners Act; to change or eliminate existing methods, equipment or facilities; and
to carry out the mission of the Village; provided, however, that the exercise of any of the
above rights shall not conflict with any of the expressed, written provisions of this
Agreement.
m�meciiikmmm i 0iiiaiiL,,
No employee shall be laid off as a result of any decision by the Village to
subcontract any work performed by employees covered by this Agreement. if
subcontracting is a factor in the decision not to hire additional Village employees as
firefighter/paramedics, the Village will give the Union at least ninety (90) days advance
notice of the effective date of the decision. The Village will discuss the issue with the
Union.
Additionally, current staffing levels of employees covered by this Agreement will
not be subject to subcontracting decisions by the Village. Only additional staffing needs
above the current staffing levels may be considered by the Village and Department from
time to time will be subject to subcontracting.
^im -fiimo in 3.3 Pi ec m denim of A,1 ui m eini viuiiC,
If there is a conflict between a specific provision of this Agreement and a specific
provision of a Village ordinance or a written rule, regulation, directive, policy, or procedure
which may be in effect from time to time, the specific provision(s) of this Agreement for
its duration, shall take precedence.
7
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AR'm"RAY IV
u4a.a°laioin 4A Salil'e y CoiraainWiilf:m°re.
The Village and the Union recognize the importance of maintaining a Fire
Department Safety Committee to address safety issues within the department and to
promote the safety, welfare and physical wellbeing of all Fire Department personnel.
The Safety Committee shall be comprised of five (5) members, A least four (4„) of
p in°r.ui'irptla�ir.u°Jbrnu°�uuaua,ninar„, one i'l n l at"a tni annV; and one (1) Battalion Chief (Safety Officer).
The Fire Department Safety Officer shall serve as Chairman. At least one member shall
be appointed by the Union.
Section 4.2 Slaandaanrd Ope:nraatiiivag s nre�eedaunre�srS�� uai1de:�smares s�'�ae�sd Faauimee i.`oinniniiittec.
The (i,tlF t`au4,nrcuttc;c,raur the ,uccpaanrsrl. n my to make any u°seal„nncuu aa,tuarouus 4ap. the
J
l nra^ Chief (par changes iia the SOP rrruauaals any; necessary:, but arseyu�rruuru the lonnd, of
a°ea,aaorrnuuna�nndFsioncc rro lq�cln nnnay;or ataytnot be accepted by die Fire t�`hi4,lollsi°lbet�n��rc nib this
Agrcer neW., The Fire Chief inay establish aua...SOP Task Fora e. The purpose of this l as ,.
Force Committee will be to complete the review of the caunr°ent SOP manual and divide it
into "Standard Operating Procedures" (SOP's) and "Swirdarrd Opcuaring (lutdclinvs
Commented [TG3]: Edit3: The membership ofth<
Committee was adjusted to remove the requirement of
Lieutenant being present on the committee.
('so ro"r).
I'he,SOP Task Force..ako has, the reas'onnsibifilt to rn.a,e auras reconortendations to
the Fire Chiei rbr changes in die SOP..or SOG rnartuals m necessary but is only in the:yoirn
of reconruuraesalations .aired uar°aay or may not be accepted by the l^'ire Chief. TOnce thk is
corripalete„-the i isk iSrccCoirnailtie4, will remain idle until such time the Fire Chief deems it
necessary io irevuea% ap panriictfl ar ao apdk)wc tlucrrrn sor the purpose ofa baarke ttlar SOP n°cview.
Force y" At no time will the SOP II auw c.or nrnritiy4,be charged with the review or consideration
-
of SOP''s that involve mandatory subjects of bargaining. Those items will be addressed
through the Labor Management Committee as established in Section 4.3 of this Agreement,
or through the normal negotiation process at the end of ilnir or any Agreement.:::commented [rca]: Edit a: Textual edits to ensure
agreement matches current practices for changes to sta
operating proced tires.
SowciP:iiiawuia 4.m� :IIf..,aUlmawu b'iauiaeppanuaaa°,uiaii t 'enirmuruiaalla�;ab
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.
Packet Pg. 127
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For the Village -- Fire Chief, Deputy Chiefds),, Battalion Chiefs, I111MS
q
°eiL 1/l�lunii�u�;u�u�^unTl, Aun�pny�;(, Village Manager,.
i^sfltiue, f"nn°c Aesssndrun� afron t`ungl nus;pA4nq°...
Director of Human Resources, and Director of Finance.
For the Union -- Union President, Vice -President, Secretary, three (3) Shift
Stewards and Lieutenant representative.
The Committee shall meet at least four (4) times in a calendar year unless the parties
mutually agree to meet more or less. If any Labor -Management Committee meeting is
scheduled during work hours of an employee, such employee(s) shall be released from duty
to attend such meeting without loss of pay.
The Labor -Management Committee process shall include the opportunity for the
Union President, Fire Chief or Village Manager to schedule a meeting, the purpose of
which will be to discuss issues affecting members of the bargaining unit with members of
Village and Department senior staff. This meeting is to be facilitated by the Village
Manager and Director of Human Resources.
�14'e rliiieuou 4�„4 Proilniitill1gafions ol" ISs w or III I11 evised Illtmuilllei' ,,
The Fire Department agrees to notify the Union in advance of promulgating or
implementing any new or revised rules and regulations or Board of Police and Fire
Commissioners rules and regulations which constitute mandatory subjects of bargaining
within the meaning of the Illinois Public Relations Act. Such notice shall be afforded
sufficiently in advance of the purpose and effective date of the proposed change to allow
the Union a fair opportunity to review and offer effective input as to the proposed change.
Section 4.5 elliness/Filusess
The Village and Union agree that both parties will support a proactive mandatory
wellness/physical fitness program. Both parties agree that the program is to improve the
quality of life of all personnel. i]tt n iroiomot ani w n n V ilfi a3, III l411lIAn,„tc°d uuu a,��, r nrIhiuug;c Nvi1111]t S4 1111
14E 02 a/N nulbci- II 1k,"I a ,auuni ' ,ntloy lhystii zId II ihics!" II°n�� rvnrpnnn.�� h+: 3) nu4m nIrI cs tlha� It
ii ,�,,:
aaunustl�-��q•q��.Wniw 4�n.,n un ynun•n^ �iu4nl ��is�,V�n�� nnn�.nuni�en ins, uhn�s� �� n rn.�srtssnnnd u��n u�n44rnnnu lnnnn�i nnursunnl��nannu ,� iu�.wlnluin,�
and nnnnnn�i So each member can i°uerfiiu•nun .iu kit. n I his g�n�.�l nlnnn�u ns based not
olO'N"..m dhy u"sNi�ld`er �u'i"dfnr,r i5:1 8s rn4 d;tnII du"Vur hr.,nhi°
dtifl s, aIt(hi ds and 4 tie abflnv/ 0:. i .luuei'i;10 ers w c8rry ow u8u6r r.i1100',
,^eclioia 4,6 II[te iuu'urin Tito Woil Ills Afleer° Illllin sinlmuurr
All employees returning to work after injury or illness situations, whether they are
duty or non -duty related, may be required to have a release from the employee's doctor.
Commented [TGS]: Edit 5: Addition ofthe EMS
Coordinator and Fire Department Management Analys
Committee due to significant roles in Department
administration.
Commented [TG6]: Edit 6: Duplicative language r
the physical fitness program was removed and replaces
reference to SOP 102.02 - Physical Fitness Program to
that the contractual language remains up to date.
Packet Pg. 128
11.A.c
The Village will provide information on fitness standards to the employee, who will then
provide this information and documentation to the employee's doctor or physical therapist
to aid in any injury recovery efforts. The department may require the employee to obtain
a release from a doctor selected and fully compensated by the Village prior to returning to
work. The doctor will review the employee's overall health as it relates to the job
description, duties and any other job related criteria which are considered to be the essential
functions of the job in order to determine whether an individual is physically and mentally
able to perform essential job duties without undue risk or harm to themselves or others.
The doctor may use the data collected from the individual's fitness history as a measure in
making this determination. In addition, and based on BGFD SOP 101.36, employees may
be required to perform essential job functions specifically related to the injury prior to
returning to full duty as prescribed by the doctor.
If the employee is not cleared to return to work by the Village's doctor, a third
doctor will be selected by the Village's and employee's doctor(s) in an expeditious manner
with the assistance of the Village's Human Resource Director. The employee will then be
sent to the third doctor. The third doctor will then determine if the employee is cleared to
return to work. The cost of the third doctor will be equally divided by the Village and the
employee. An employee not cleared to return to work may apply for sick leave or any
other leave of absence as provided by this Agreement and/or for disability pension to the
extent provided by State statutes.
Employees who are off work for a non-OJI and are required to see the Village's
doctor prior to returning to work will be compensated at the rate of two (2) hours of straight
pay in lieu of two (2) hours of sick pay and will require verification by the doctor's office.
Under no circumstances shall overtime, premium, or additional straight pay be paid in this
situation.
Employees who are perceived to be physically and/or mentally unfit for duty shall
be evaluated by an appropriate medical/mental health doctordoctor(s) of the Village's
choosing. If a medical/mental health doctordoctor determines an employee is physically
and/or mentally unfit, the Village retains the right to remove them from active duty. In the
event that a medical/rnental health doctordoctor of the Village's choosing determines that
an employee is physically and/or mentally unfit for duty, the employee may request a
second opinion. The second opinion will be paid for by the employee and chosen by the
employee and must be a medical/mental health doctordoctor specializing in the field related
to the unfit determination and must be part of the Village's doctor health insurance
network. If the first and second opinion conflict a third medical/mental health doctordoetoi'
may be selected as in the standard above for injuries or illness and the opinion of the third
medical/mental health doctordoek)r doetofshall prevail. The expenses incurred for the
third medical/mental health doctordoctor doct of -will be equally split between the employee
and the Village. The Village retains the right to remove from active duty any employee
who has been determined to be unfit for duty by a medical/mental health doctordoctor via
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a fitness for duty evaluation. Following all procedures contained in the Standard Operating
Procedures of the department. commented [Tc7]: Edit 7: Textual edits to remav
apparent typographical errors.
S c,filon ,l,y ]Ilyriiiig aiilrrl 111tuillliilty.
Employees are a most valued part of the Village of Buffalo Grove Fire Department
(the "employer"). Their health and safety are serious employer concerns. Drug use and
alcohol misuse may pose a serious threat to employee health and safety. It is, therefore,
the policy of the employer to prevent substance use or abuse from having an adverse effect
on our employees. Both the employer and employees maintain that the work environment
is safer and more productive without the presence of illicit or inappropriate drugs or alcohol
(herein referred to as "prohibited substances") in the body or on fire department property.
Furthermore, all employees have a right to work in a drug -free environment and to
work with individuals free from the effects of prohibited substances. Employees who use
or abuse prohibited substances are a danger to themselves, their co-workers, our customers,
the public and the employer's assets.
The adverse impact of substance abuse at work has been recognized by the federal
government and many states. The employer may utilize the regulations issued by the
federal government as its standard and is committed to maintaining a drug -free workplace.
Where applicable, state laws which differ will supersede this general policy and will be
followed for employees in this state. All employees are advised that remaining drug -free
are conditions of continued employment or service with the employer.
Specifically, it is the policy of the employer that the use, sale, purchase, transfer,
possession or presence in one's system of any prohibited substance (except medications
prescribed by a licensed doctor), including alcohol (unless otherwise permitted by Fire
Department rules), by any employee while on fire department premises, while engaged in
fire department business, while operating fire department equipment and vehicles
(including leased vehicles) is strictly prohibited. The employer will notify and cooperate
with law enforcement agencies in the investigation of any employee suspected of
possession of or trafficking in illicit or inappropriate drugs.
All employees will be subject to testing where circumstances establish that
reasonable suspicion of prohibited substance use exists, or following on-the-job moving
vehicle accidents resulting in a death(s), or injuries that require medical treatment away
from the scene of the accident, or following an on duty injury where the incident may be
reported to any state or federal governmental body, (i.e., IDOL, OSHA, etc., not OSFM),
or as a follow-up to prior prohibited conduct. Employees returning to duty following a
violation of this policy will be subject to testing and must submit to follow-up tests for as
long as five (5) years. Any employee who tests positive may be subject to discipline. Any
employee who refuses to comply with a proper request to submit to testing or who fails to
cooperate in the test process will be subject to the same discipline as a positive drug/alcohol
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test result. These procedures are designed not only to detect violations of this policy, but
also to ensure fairness to each employee. Every effort will be made to maintain the dignity
of employees involved. Disciplinary action will, however, be taken as necessary.
Neither this policy nor any of its terms are intended to create a contract of
employment, or to alter the existing employment or contractual relationship in any way.
Program Summary:
A. Employer Contact. All questions or concerns should be directed to the Fire Chief
at (847) 537-0995 or your immediate supervisor.
B. When Compliance is Required. All those subject to this policy are expected to
refrain from prohibited conduct prior to performing assigned tasks, while
performing such tasks and in post -accident cases for eight hours after the accident
or until tested.
C. Prohibited Conduct. The following conduct is prohibited:
1. Controlled substance use at any time, except as prescribed by a doctor;
2. Having a blood alcohol concentration (BAC) breath test result that equals
or exceeds 0.04%;
3. Consuming alcohol within four (4) hours prior to reporting for a duty;
4. Consuming alcohol on the job;
5. Consuming alcohol within the eight (8) hours following an accident or until
tested;
6. Behavior or ability to perform due to the use of prohibited substances;
7. Refusing to test;
8. Failure to cooperate in the testing process;
9. Possession of alcohol on Employer premises, except in personal vehicles or
as pennitted by Department.
D. Test Events. Employees may be tested based on four (4) circumstances:
1. Where circumstances establish that reasonable suspicion of prohibited use
exists; or
2. Following on-the-job moving vehicle accidents resulting in a death(s), or
injuries that require medical treatment away from the scene of the vehicle
accident, or;
3. Following an on duty injury where the incident may be reported to any state
or federal governmental body (i.e. IDOL, OSHA, etc., not OSFM), or:
4. As a follow-up to prohibited conduct.
E. Test Procedures. Drug and alcohol testing procedures will be implemented in
accordance with the Federal Department of Transportation procedure Title 49 CFR
Part 40 et al (Updated May 4, 2012), with the following exclusions:
1. Random drug testing of employees will not be conducted, and
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2. Forms used to document the testing process will be determined by the
agency/laboratoiy conducting the test.
F. Condition of Employment. Submitting to testing as required by this policy is a
condition of employment and continued employment with the Employer.
G. Refusal. Any Employee who refuses to submit to a request to test will be subject
to discipline. Refusal includes failure to timely report to a designated testing site
(collection site) and the failure to execute all required test documents.
H. Consequences of Violation. Any Employee who is found to have violated this
policy will be subject to the disciplinary procedure as described in the
discipline/appeal of test results section of this policy.
I. Seeking Assistance for a Prohibited Substance. Any employee who is presently
experiencing difficulty with prohibited substances is encouraged to seek assistance
through the Employee Assistance Program (EAP). If such assistance is sought prior
to being requested to submit to a test, no disciplinary action relating to alcoholism
or drug addiction will be taken.
J. Forms used by the Village when testing is required are located in Appendix A.
°du.diiunnn 4,8 Ile urfeturiiunana e Illa:vallluu'ktfilmit Ill-llaua,
The Village and Union recognize that the Performance Evaluation Plan is a vehicle
intended to measure and evaluate on-the-job performance.
;]milli be a�aroiruapletcd by the
,The employee's aaonagyll ptvn•llau¢>Innanuee evanlnnutuuann
en tifl yeCs current s,ppPU lSOf and dnycuswd.w4h tlw eonpaloyye pnnorr.to the end ofthe
yci "shoirl" 6 month eeaalu.om�ioa is lya first hali"ol'currcnnt yearand counhlcled by
ennnpaloyees eunnerrnp supnenw4a0:Fffild allseanFiseal..wnth the eunlnloyee in dl dye✓Aug us( 401e,
ennaacntA n�n�. pi
y dVnr°ran[=oladycc sllnrnll nt d;eiv a f 0n'�rd ccgrl evrnlntsVrltlo n 9ncn mn rim Vnp unn '+811 w,,, �kfcl Commented [TG8]: Edit8: The performance evah.
u;Q?,9n Vhli" tku^V$" ON 5a l�nnl In �Vno„". My° lvd',vu" ... .
schedule was adjusted to match current trmclmcs and p
alk&".anaS flne tnln"Vi6nnE and cv alms bons du,6nny aV points%ire Labor ManagemenjMcetin g Commented [TG9]: Edit9: performance evaluatio
timelines have not been ram through Labor Managemet
If an employee has a disagreement with his/her evaluation, the first step of review Committee in the past.
will be at the level of the employee's immediate supervisor. If the immediate supervisor
cannot resolve the disagreement, the next step will be to have the employee's Battalion
Chief review the evaluation. If at Ow pots step the employee's disagreement is not resolved,,.
the employee may then appeal to the Fire Chief in conjunction with the Director of Human
Resources. If the employee's disagreement is not resolved at this level, the employee may
then meet with the Village Manager as a final step of appeal. The findings of the Village
Manager will be deemed the final resolution and his findings may not be grieved. All final
resolutions, no matter at what level, will be in writing.
For the first and second step of this processthe time frame allotment will be fifteen
(15) days for the appropriate level or response. For the remaining steps the time frame will
13
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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.
2«°uloruusruuu C 01,(:Id ur4G�ms vu,fflaiu„o km a°m ndiiuccl gliiuu'isua W kii .8IGUD.SOP 8 .➢.53.
Perfi rirl"a ice Fy+adIL1fIfiwi, a 6malbs d ,Pod �iV cilk,i; rAu uqa � 2(fl4 � follow Commented [TG10]:Edit 10: anaDeanceevalu �� � f0: Perform a
policy partment SI
Section 3 ll S"moiildaiu3 1�.mmmgm11144gmmmm^Mist..
Employees and the Department shall follow the BGFD SOP 101.21 Hours and
Duration N G. N, ked 01 /01/201 , ds M pnq tc6 tla. e ml N4 ip y f :V V 2M 7. Commented [TGII]: Edit 11: All references to re,
dates were removed from the agreement to ensure that
agreement reflects the most current revision. All SOPS
by reference in the agreement shall be revised through
meeting of the Labor Management Committee.
Section 5.1 No Siiimmoking;.
Employees covered under this Agreement shall restrict their suu�tokloig tobac CO Lu,SUO
V ko dew g bated s mok 4114g a fp ea s; in accordance with state law. Commented [TG12]: Edit 12: Textual edits to clay
supremacy of state law.
Seel:iiioiim 5.2 11Resilmllleiiiic�„
There will be no residency requirements for employees covered under this
Agreement.
ARTV[t.'J.IVi', VI
' k,ViUmmmm 6.1 S mlllam ics.
The Village agrees to place the maximum base pay for Lieutenant/Paramedic and
Firefighter/Paramedic at the nearest step one-half percent (1/2%) above the third (3rd)
highest agreed upon comparable community, prior to the Village position being included.
For purposes of determining the salaries of job titles within the bargaining unit, for the
duration of this Agreement longevity pay at 15 years and stipends shall be added to the
"base" salaries of all comparables, as well as those of the Village.
14
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Only the following stipends will be applied in the formula:
1. Firefighter/Paramedic: Firefighter III or Advanced Firefighter, Fire Apparatus
Engineer, Shift Reduction and Paramedic
2. Lieutenant: Paramedic, Shift Reduction and Fire Officer I
Collectively, these components shall determine the base salary for each comparable
community. For the purpose of determining the general wage increase of comparable
communities who have not yet resolved their annual wages by the date of the Buffalo
Grove wage reopener, the average of the actual general wage increase and above
referenced stipends granted by comparable communities shall be calculated and applied
for that time frame.
Salary Schedule — May 1, 2020 17 to ADHI 30, 202110
Effective: May 1, 20204 7
A. Firefighter/Paramedic (2 5200% Increase):
1. The minimum and entrance salary at Step 257272 as delineated in the
Village of Buffalo Grove's Municipal Classification and Pay Plan, or
$61,6 7 4,0866 ,466b.30; and,
2. The maximum salary, exclusive of overtime pay shall be at Step 355 370
0.6�s .
or $ 4-064.53a1.v0 V 665,:45
B. Fire Lieutenant/Paramedic (2.07,0% Increase):
1. The minimum and entrance salary at Step 3G5. 130...as delineated in the
Village of Buffalo Grove's Municipal Classification and Pay Plan, or
$ V 64536 901 051 ,� 3,900,80; and,
2. The maximum salary exclusive of overtime pay shall be at Step 39 4 401
or Ill..6o19.'1.2126o57,&5G,ri,
C. Fire Lieutenant/Non-Paramedic (2.0 � 0% Increase):
1. The minimum and entrance salary at Step 326 164. as delineated in the
Village of Buffalo Grove's Municipal Classification and Pay Plan, or
$103,002.721), ,652 72; and,
2. The maximum salary exclusive of overtime pay shall be at Step 380 397,
or $1 ll 3,900 80123,980.30,.
Sten Plan Illustration — Firefrehter/Paramedic —Effective: Mav 1.201.207
Starting pay: $775,366,006+6 '7 470',4 (Step
2"7257)
Pay after first compete year of employment: $,21 223 2„h66r,135,6 8 (Step
286p7:6.)
Pay after second complete year of employment: $76,425,44 70, 91 7 60 (Step
360U28^ ;)
Pay after third compete year of employment: $01,953,0.770,074.50 (Step
3tl4240)
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Pay after fourth complete year of employment:
Pay after fifth complete year of employment:
3 d 2327)
Pay after sixth complete year of employment:
351nu74. )
Pay after seven or more complete years of employment:
370355)
Fire Lieutenant/Parainedic — Effective: May 1. 202017
Starting pay (newly promoted):
380.165)
Pay after first complete year of employment:
391 Y75)
Pay after two or more complete years of employment:
401 3,M)
$87,882,098l,546:40 (Step
$94,234,7287,33:3.20 (Step
$110l ,052.,.6493,766.40 (Step
$llN,35r1,68r 00,539.28 (Step
$1 13,900..,3i17 d-5c6v 1.d3 (Step
$.121,323...,34 1 1 1.,096.96 (Step
$ V 26,178,56 77 1 a2.1 (Step
Fire Lieutenant/Non-Paramedic — Effective: May 1, 202017
Starting pay (newly promoted): $.1,11,052,,,721 03,602.2.2 (Step
37tn:i6r )
Pay after first complete year of employment: $p,17,948.4f 108,902.50 (Step
35:371)
Pay after two or more complete years of employment: $ 23,98O,.,!151 13,900.80 (Step
ant;+io tt CS fffCrrrOed Sri the rank roll Fie II as 110ciwutl s1.ub11 in nand auuu 1�aauruuuaa°rNury.r'ti°a°tlulluranlar�a'a
rloao ing ,uur1, 1ua,u°aoill. Can°u-cnt dala t nedlc 1,leaalentanls av1c1 1ny to deccrtafy
.Section 6.2 Wage and Benefit Rectliener
Unless explicitly provided elsewhere in this Agreement, no other changes
modifications shall be made to this Agreement except that each party has the option to
reopen the Agreement as follows:
A. In the month of March of the second year of this Agreement (2021,N 8), either party
n;
may reopen Article VI, Section 6.1 —Salaries aunu Scelln,3auv 6.e3 ::.11ce 11li Rcna, Hts...and
.
cecd party uiijiy dusciiss one addituoaue,( issue to na°fain nte. andeach party may also
discuss one andd4011aal. uesanc, to 11a,y0fiH1e.
V 1. In the month of March of the third year of this Agreement (202,2,1 it) either party
may reopen Article VI, Section 6.1 —Salaries and Section n 6.3 ....Health Benefits and
each party may discuss one additional issue to negotiate.
Ilr
16
Commented [TG13]: Edit 13: wages were update,
reflect the current side letter agreement, which became
on May 1, 2020.
Commented [TG14]: Edit 14: Requirements regar
position of Lieutenatrt were removed to match current
and minimize duplicative requirements.
Packet Pg. 135
11.A.c
se t'ion 6,1 '12gverfillnc
A. Overtime hours shall be non-scheduled hours worked in excess of the work week
when worked at the specific direction or with the approval of the immediate
supervisor and shall be paid at one and one-half times the employee's regular
straight time hourly rate of pay. An employee's regular straight time hourly rate of
pay for overtime pay purposes shall be computed as follows: the employee's annual
salary shall be divided by 110.6 to determine the rate of pay for one twenty-four
(24) hour shift which in turn, shall be divided by twenty-four (24) to determine the
employee's regular straight time hourly rate of pay.
B. Overtime shall start seven (7) minutes past the normal shift when an employee is
held over because of a call or when another employee reports late for work. In
cases when an employee is held over because of a call after 0822 hours, employees
will be paid one hour minimum overtime for the first hour. In all other instances,
overtime will be paid in quarter hour increments based on the seven (7) minute
windows. Example: Ox08 hours until Ox22 hours = .25 overtime Ox23 hours until
Ox37 hours = .50 hours overtime Ox38 hours until Ox52 hours = .75 hours overtime
Ox53 hours until Ox07 hours = 1 hour overtime.
C. Forcebacks for Thanksgiving and Christmas Day shall be paid at two times the
employee's regular straight -time hourly rate of pay.
D. Employees shall be paid one and one-half the employee's regular straight time
hourly rate of pay for regularly scheduled hours of work which are actually worked
in excess of two hundred twelve (212) hours in the employee's normal 28 day work
cycle (or in excess of the applicable hours ceiling under the Fair Labor Standards
Act should the Village designate different FLSA employee work cycles in
accordance with the Fair Labor Standards Act.)
E. Overtime shall also be paid for clinical time required to maintain EMT-P status.
tbv�u�lu�uv✓ s,d 0 d 5 � Commented [TG16]: Edit 16: Areference to the 5
l ,IBa(f,l lie gu�u1�naita a8 fa��tairguua,g [o �*nt�l� � `
dealing with overtime distribution was added.
' ec0oiiw r.'i Tm fl11 111g Ovellrtuune"„
Employees shall be paid at one and one-half times the employee's regular straight
time hourly rate of pay for attending department sponsored school training in compliance
with IBGFD SOP 700.02 q and in the same manner outlined in Section 6.3 Overtime. Commented [TG17]: Edit 17: Textual edit to eom
Personnel will be paid time -and -one-half for taking required OSFM exams under SOP reference.
the following conditions:
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1. Personnel must sign up for the exam within thirty (30) days of the
completion of the course, provided the State exam is not given as part of the
class;
2. Personnel must take the exam within ninety (90) days of the completion of
the course;
3. Personnel will be paid for the maximum amount of time allotted by the State
for completion of the exam, regardless of the actual time it takes the
employee to complete the exam;
4. Payment will only be provided upon proof of passing the exam;
5. Payment will also only be provided for taking the exam once, regardless of
the amount of times required to successfully pass;
6. if personnel do not meet the above listed parameters, no pay will be given
for the exam.
sedki 111111 tm 5 Lm111111gtsriR1%1 ,
Employees shall be eligible for longevity pay beginning with the fifth anniversary
of their original employment date. Longevity awards will be presented on the employee's
anniversary date according to the following schedule and are subject to deductions:
Years of Service
Award
5 through 9
$400
10 through 14
$600
15 through 19
$800
20 or more
$1,000
SecaHon 6.6 "1`viinmll wmiry AssigiiiiinciA fii�i Illhollhei III iii. ,clll Ill-mpsiiuHon.
When an employee, at the direction of the Village, is assigned to perform the duties
of the position of Acting Lieutenant or Acting Shift Commander that employee will be
compensated at a rate equal to the pay scale of the top pay of their current rank plus 5%.
In situations where Firefighter/Paramedics are assigned to fill in for a Lieutenant
who is performing other duties in the Village, they will be paid Acting Lieutenant pay after
a minimum of three (3) consecutive hours worked in the capacity of Acting Lieutenant in
any twenty-four (24) hour period. This Section shall not apply to callbacks or Special Duty
assignments.
yedllloia 6.7 t.:a 111 Baiii,,h�s.
All General call backs shall be paid at time and one half and for a minimum of one
(1) hour.
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elmxliou 6,8 Ilhlealllih, llD mlW"�rlll aiivll Vision Ill eiiisel"il:s,
The Village shall grant employees covered by this Agreement, except as
specifically and expressly limited by this Agreement, all benefits and provisions including
but not limited to the following: life, health, dental and vision insurance, vacation leave,
special leave and uniform provisions as granted under the Buffalo Grove Personnel Rules
as set forth on June 1, 1984; and changed thereafter.
BENEFITS:
Employees covered under the Agreement shall receive the same health, dental and vision
benefits granted to the Village's non -union employees, including, but not limited to plan
design and premium contribution.
All employees who elect Health Insurance coverage will pay a premium
contribution equal to fifteen percent (15%) of the premium for that class of
coverage.
2. There will not be any financial contribution for participation in the dental
or vision component of the health insurance program.
3. The Village may make reasonable changes to the structure of the plans
without the approval of the bargaining unit. Including, but not limited to
the replacement of the HMO with an EPO or PPO.
All employee premium contributions will automatically be taken out of an employee's
check on a pre-tax basis via Section 125 of the Internal Revenue Code. This means that
employees will not pay taxes on the premium contributions.
Nothing set forth herein shall prohibit the right of the Village to obtain other
hospitalization and major medical benefits or change such benefits under a different
program or with a different insurance company (including self-insurance), provided the
basic level of coverage and benefits are substantially similar. The Village will notify the
employees, in writing, of any changes in the basic level of coverage and/or benefits.
The Village reserves the right to institute cost containment measures regarding
insurance coverage. Such changes may include, but are not limited to mandatory second
opinions for elective surgery, pre -admission and continued admission review, prohibition
of week end admissions except in emergency situations, and mandatory outpatient elective
surgery for certain designated surgical procedures.
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Dental Insurance. Employees may elect to participate in any dental insurance
program for themselves and their dependents which the Village of Buffalo Grove has
provided to Village employees generally. The Village shall be responsible for one hundred
percent (100%) of the costs of such dental insurance for both employee and dependent
coverage.
Vision Insurance. Employees may elect to participate in any vision insurance
program for themselves and their dependents which the Village of Buffalo Grove has
provided to Village employees generally. The Village shall be responsible for one hundred
percent (100%) of the costs of such vision insurance for both employee and dependent
coverage.
lJfe leureuance. Each eun allay cc, shall una°cuve, a oroin D hre ancanr'mcc; raaqua n an.
LKWI LIM ealrnag. 10 the 6n1apVaayel.'S Mntufl saVwy,
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.
Health Insurance Incentive .Amn ouu�iiiits
Section 6,9 IIIIcahn, ll[Im.mml.mal aniirmml 6'iiisikii Illluauriellilll Aev�llpe ncr,
The parties agree to meet according to Article VI, Section 6.2 — Wage and Benefit
Reopener to discuss and establish the employee's share of the premium for employee and
dependent health care, dental and vision coverage. Any impasse in negotiations on these
issues shall be subject to Interest Arbitration under Section 14 of the Illinois Public Labor
Relations Act.
Ilo°(Amuuim 6.10 dllllneciialll I)Til 11Ilay.
An off duty employee who works special duty — defined as a duty in which the
Village is reimbursed will be compensated at one and one half the rate of pay for hours
based on a forty (40) hour work week.
�11 ae °I'iIo111ui 6.11 Alillteilt lama al: C.'riev mmee IVa;eflhiigs,,
Every effort shall be made to hold grievance meetings and/or arbitration hearings
on shift. However, if any grievance meeting or arbitration hearings are required to be
20
U
Commented [TG18]: Edit IS: Textual edits to east Ly
references to life insurance matched the formatting oft LL
dental and vision benefits. Q
Packet Pg. 139
11.A.c
scheduled during the working hours of any grievant, only the grievant shall be released
from duty to attend such meetings or arbitration hearings, without loss of pay.
ARTIICI.X Yll
ylu^clliilon 7W III ]IlWiiiti lnl iilma
For the purpose of this contractau ,A BGFD SOP 101.231"I aW the following definitions
will be used:
"Swap" is a situation when the on -duty employee verbally requests coverage by
another employee arriving for duty. The swap is based on a verbal agreement between the
two employees, with the agreement of the station officer. In this situation, no
documentation is required, but the employee currently on duty may not leave the station
earlier than 0800 hours.
"Duty trade" is a situation when the employee currently on duty requests coverage
by another employee arriving for duty. ,When effected, the station olliccu rrnuast he notified
a ml approval imist rrc 1uvel,p verbally, , g' by theshiftl .couand nn ertnide intist .be veflm lye.
aj-.proved by the s(ation ollicel and documentedl• Once these conditions have been met, the
employee requesting the duty trade is considered "off -duty" and may leave the station. �Il t
shafl be an acceputa N e practice flor any rraulM ITuenu )er.Wul a tW iuug hu;UtCluant SWILIS 10 dUty
S cilbiillt 71 li(ditlalys.
Commented [TG20]: Edit 20: The definition of du
was clarified to ensure that the Shift Commander must
approval of duty trades.
Commented [TG21]: Edit 21: The definition of on
eras adjusted to allow additional flexibility to union sw
While maintaining current department practices.
Employees shall receive three (3) floating holidays per calendar year, said days to
be scheduled with the specific prior approval of the Fire Chief or his designee.
Employees working a regularly scheduled shift on any holiday listed herein will Commented [TG22]: Edit 22: Textual changes to.
clarity to holiday pay calculations and to align the agre
be paid an additional twelve (12) hours of straight time at their current rate of pay. with current practices.
Y Y p p �) 7citivChours dining
Employees ma dut trade or take coin time for u to four 7 eurouu�c .
this shift, and still receive holiday pay. However, the pay will be pro -rated based capon
the 6;611rrbMr ig fiwnttda on thc..iiwnhcu.ol Ihoufs, they admilly woiked
I'olal I lours gJorkcd Dttring I l,ofidaay
24
Recognized holidays:
a. New Year's Day (January 1)
b. Martin Luther King's Day (official recognized)
c. President's Day (official recognized)
d. Memorial Day (official recognized)
21
Formatted: Centered
Formatted Table
FFormatted: Line spacing: single
Formatted: Centered
Packet Pg. 140
11.A.c
e. Independence Day (July 4)
f. Labor Day (official recognized)
g. Thanksgiving Day (official recognized)
h. Day after Thanksgiving Day (official recognized)
i. Christmas Eve (December 24)
i. Christmas Day (December 25)
� Employees may conduct the daalfloNOng duty trades the IbHowing chugs and still
receive holiday pay compensation:
p„ Thanksgiving Day for the /Day after Thanksgiving
a d11 clay rafter fdaanksgiv in g foo 1Th anksgMng Daa�
Christmas Eve for /Christmas Day
Commented [TG23]: Edit 23: Textual edits were a
clarify duty swap procedures on holidays.
Secil:iliollllll 7.3 Kelly 111;1aaaos,
Employees shall receive eleven (11) shift days off per calendar year. These work
reduction days, or Kelly Days, will be assigned to employees by the Fire Chief in order to
facilitate the provisions of the Fair Labor Standards Act.
Reduction of Kelly Days may occur as a result of sick leave, injury leave or any
other long tern lime leave. After each eleven (11) vlaosecuutiva duty day period, one (1)
Kelly Day will be reduced from the employee's accrual. For the purpose of calculating the
reduction, the use of employees' personal time off during the duration of the leave will not
be counted as part of the Kelly Day reduction process. - Commented [TG24]: Edit 24: A typographical err.
Kelly Day accrual for employees during their first and last year of employment will corrected and clarification of Kelly Day periods was ac
be prorated based on actual full months worked during that calendar year based on the
eleven (11) day calculation.
Seeflon 7,41 Sick I111,eave.
Abuse of sick leave is a serious matter. The Union shall join the Village in making
a serious effort to monitor and correct the abuse of sick leave wherever and whenever it
may occur. Examples of abuse may include, but are not limited to; calling in sick prior to
or immediately after a scheduled day off (SDO), use of sick time for reasons other than for
its intent, excessive individual sick days in the course of a year, etc.
Employees covered by this Agreement shall be allowed sick leave on the basis of
the following:
a. Employees assigned to shift duty shall earn five (5) twenty four (24) hour
shifts of sick leave with pay credit annually. This is equivalent to eighty
(80) hours annually.
b. Employees assigned to shift duty shall accrue sick leave according to the
following schedule:
22
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after two (2) months of service one (1) shift
after four (4) months of service two (2) shifts
after six (6) months of service three (3) shifts
after nine (9) months of service four (4) shifts
after twelve (12) months of service five (5) shifts
C. Employees may use overtime to purchase sick time hours in lieu of pay or
compensatory time compensation. Sick time hours purchased will be at
the time and one half rate identical to the accrual of compensatory time,
(e.g. working four (4) hours of overtime has a value of six (6) hours of
sick time purchased). Time purchased cannot exceed the maximum
allowable accrued hours contained within the provisions of this document.
d. Sick leave shall be credited in advance to the employee at the beginning of
each calendar year, effective with the second calendar year of
employment.
e. Sick leave shall not be accrued while on leave of absence without pay.
Sectiioiii 7.5 'lt"ia Valll iicm.
Sick leave with pay will be granted for absence from duty because of actual
personal illness, non-compensable bodily injury or disease, exposure to contagious disease,
to care for an ill or injured member of the employee's immediate family, or to keep a
doctor's or dentist's appointment. Sick leave shall not be granted in cases where regular
or disability retirement has been approved, or for absence due to injuries resulting from
employment in a position other than that held in the municipal service. Employees injured
in the course of other employment shall be eligible for leave of absence without pay.
For the purposes of this Agreement, immediate family members shall include,
husband, wife, domestic partner as recognized in a legal civil union, son, son-in-law,
daughter, daughter-in-law, foster child, mother, mother-in-law, step mother, father, father-
in-law, step father, brother, brother-in-law, sister, sister-in-law, step children and
grandparents of the employee or his/her spouse.
When an employee finds it necessary to be absent for any of the reasons specified
herein, he shall report the facts to an on -duty supervisor. An employee is required to give
such notification one (1) hour in advance of his scheduled starting time. An employee is
responsible for making a daily report (based on duty day) thereafter for the duration of the
illness or injury. A medical certificate may be required by the department head for any
absence. Failure to comply with the provisions of this Section shall result in denial
of sick leave. Three (3) consecutive duty days of absence without notice may result in
dismissal after a complete investigation of the facts surrounding the absence.
Si c'lai iii 7.6 . ceirtiial.
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Employees assigned to shift duty may accumulate sick leave credit to a maximum
of one hundred thirty (130) twenty four (24) hour shifts. This is equivalent to three
thousand one hundred -twenty (3120) hours.
Section 7,7 Accrued Omr°1rt Leaver
Retiring employees are eligible to establish an employer sponsored Retiree Health
Savings (RHS) Plan. Upon retirement, sick time based on the twenty four (24) hour shift
schedule will be converted to the eighty (80) hour per paycheck schedule. This will be
accomplished by multiplying the total number of hours accrued at the twenty four (24) hour
shift rate by 0.66667. Employees will be eligible to apply their accrued sick leave based
on the following table:
Years of Service and Age at Retirement Percent of dOi�. ,�Qquabo,�Md otua„ quavuldpeiN ,duu1d
1 0--O4 ousand..eigOty" 2,080 Hours:
20 years of service
and 41 years of age at retirement 27.5%
20 years of service
and 42 years of age at retirement 30.0%
20 years of service
and 43 years of age at retirement 32.5%
20 years of service
and 44 years of age at retirement 35.0%
20 years of service
and 45 years of age at retirement 37.5%
20 years of service
and 46 years of age at retirement 40.0%
20 years of service
and 47 years of age at retirement 42.5%
20 years of service
and 48 years of age at retirement 45.0%
20 years of service
and 49 years of age at retirement 47.5%
20 years of service
and 50-54 years of age at retirement 50.0%
21 years of service
and 50-54 years of age at retirement 55.0%
22 years of service
and 50-54 years of age at retirement 60.0%
23 years of service
and 50-54 years of age at retirement 65.0%
24 years of service
and 50-54 years of age at retirement 70.0%
25 years of service
and 50-54 years of age at retirement 75.0%
26 years of service
and 50-54 years of age at retirement 80.0%
27 years of service
and 50-54 years of age at retirement 85.0%
28 years of service
and 50-54 years of age at retirement 90.0%
29 years of service
and 50-54 years of age at retirement 95.0%
30 years of service
or 55+ years of age at retirement 100.0%
The Retiree Health Savings (RHS) Plan will be administered by the ICMA
Retirement Corporation and will allow employees to accumulate assets in order to pay
medical and other eligible expenses in retirement. The legal basis for an RHS is currently
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agreement with the personnel manual and inaintain rei, N to
an annual 24 hour shift schedule. t0
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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 3 f t for the calendar year in which the employee retires. The hourly rate will be
applicable only for the year so calculated. That hourly rate value shall be distributed to all
Village employees after it is calculated for the current year.
On an annual basis (January 1 st through December 31It), employees will be able to
convert up to one (1) twenty-four (24) hour shift of unused sick days for deposit into their
Plan account; providing that they have completed one year of work with no more than one
day of absence. An unused sick leave balance of I`aaun seven ,hundred 6gha y twenty
(720480) hours, thirty (30) Shift Days must be maintained in order to convert the shift day
for deposit into the plan account.
Days converted for deposit into the plan account are subtracted from the
employee's accrued sick leave balance. Conversion of the unused sick day shall not be
into vacation leave or paid directly to the employee. The value of the conversion shall be
equal to the employee's daily wage and not limited to the wage assigned to the retirement
funding value calculated above.
Employees who leave the fire department due to disability or death will receive the
value of their accrued sick leave under this plan as part of the RHS benefit.
7^yr°r~ iiioin 7.8 :IMedicWt t ertlifi mile.
A medical certificate required by a department head or d slg r e for the employee
shall consist of a written statement by a qualified doctor lyi (bean pro¢ 'ess olid� indicating:
25
Commented [TG26]: Edit 26: The date ofthe effe,
lowest hourly rate was shifted to January 31"to ensure
alignment with the personnel manual and current pract
Commented [TG27]: Edit 27: Textual edits to alig
agreement with the personnel manual and maintain ref
an annual 24 hour shift schedule.
Packet Pg. 144
11.A.c
A. The employee has been examined by the doctor a dalpnpipicd gncapncap prrofbss, onr,l
period of absence.
B. The symptoms observed or measured by the doctorgL dpillied rrYledicaal pprofessionap .
C. The stated diagnosis and medication and/or treatment prescribed.
D. The dates on which the employee is expected to be physically incapacitated from
work.
Employees who require the use of sick leave for a family member(s) may be
required to provide a medical certificate after the second twenty-four (24) hour shift, or the
sick time totaling the use of forty-eight (48) hours in a rolling calendar year.
A medical certificate required by the Fire Chief or designee for the employee's
family member shall consist of a written statement by a qualified doctor medical
prr o fessi arnraall, indicating:
Employee's name, patient's name, date of appointment, time -in, time-out, doctor's
d' p dl's name and signature.;
�b
apano q,',�na,e runc.,,na;a rroarwucaoa„„,
Employees will be compensated two (2) hours of pay at straight time. The Village
will reimburse the employee for co-insurance and/or deductibles incurred to meet this
standard, but only applying to office visit charges, or emergency room co -pay if the
department directs the employee to visit an emergency room. To receive such
reimbursement, the employee must provide documentation that itemizes all costs sought
for reimbursement.
aia°aifiioni 7.911LiidlllnI llltw�ii'��
An employee who is ill/injured as the result of an occupational acquired
illness/injury may be required to work for an available, temporary light duty assignment.
An employee who is eligible for sick leave may volunteer to work for an available,
temporary light duty assignment. All light duty assignments are made at the sole discretion
of the Village. Light duty work shall be determined by the Fire Chief in consultation with
employee and the employee's doctor.
An employee on light duty may be assigned to work in any Village department.
A light duty assignment shall not exceed sixty (60) calendar days and may be
terminated prior to that time limit. The Fire Chief may extend light duty based upon
consultation with the employee, the employee's doctor and, if necessary, a Village assigned
and paid doctor.
Light duty assignments may be terminated based upon a lack of performance in
relation to the assigned job.
r^yec(IIlitia 7.101 acafloit.
A. Employees covered by the Agreement shall receive vacation leave credit
according to the following schedule:
26
Commented [TG28]: Edit28: Adjustments were n
change the required signature on medical certificates fi
doctor's signature to that of a qualified medical profese
reflect the expansion of physician's assistants in the mF
field.
Packet Pg. 145
11.A.c
(1)
1st partial year and last partial year of service: 5/12
multiplied by months worked;
(2)
1 st full calendar year of service:
5 shifts
(3)
2"d full calendar year of service:
6 shifts
(4)
3rd full calendar year of service:
6 shifts
(5)
4" full calendar of service:
7 shifts
(6)
5t' full calendar year of service:
7 shifts
(7)
6th-10 full calendar year of service:
8 shifts
(8)
11`-14" full calendar year of service:
9 shifts
(9)
15th-19d' full calendar year of service:
10 shifts
(10)
20t1' - 24" full calendar year of service:
11 shifts
(11)
25" (and after) full calendar year of service:
12 shifts
B. All other provisions of Vacation Leave are in accordance to the Buffalo
Grove Personnel Rules.
Sectiiieuir 7.11. 11llo uirs and IlDtiiuir�atiioin���
The regular hours of duty (tour of duty) for employees shall be twenty-four (24)
consecutive hours of duty, starting at 0800 hours and ending the following day at 0800
hours. The regular tour of duty shall be followed by forty-eight (48) consecutive hours off
duty. Early swaps may be permitted as early as 0700 hours, but the employee currently
on -duty may not leave the station any earlier than 0800 hours. Early swaps shall not be
considered a duty trade and are not eligible for overtime compensation.
lteclaiioia 7.12 d Croup einsaagoir,% Thine.
Compensatory time off may be taken by employees in accordance with BGFD SOP
101.13, revised on 09/28/201 2, aw in practice on May 1, 2017.
ala°,a°�laioin 7.1:3 yra Illecill iioilt of Sellitediu�illllea>U Ill t ays 011111"
Scheduled days off (SDO) will be selected in accordance with the d`olloMng
BGFD SOP .'.s,
1lnpaaamai faaaaily g] arrtedical �eauvv w illl be 7aaanated, when reapanewIed aand a pp l'ove(LI or
Hie, Farw o y and Modicap Leave Act o(' l993,...
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Commented [TG29]: Edit 29: All references lore,
dates were removed from the agreement to ensure that
agreement reflects the most current revision. All SOPS
d
by reference in the agreement shall be revised tM ough
meeting of the Labor Management Committee.
t
Commented [TG30]: Edit 30 Textual edit to cone
4
reference.
Q
Commented [TG31]: Edit 31: All references to re,
dates were removed from the agreement to ensure that
agreement reflects the most current revision. All SOPS
d
by reference in the agreement shall be revised through
mccting of the Labor Management Committee.
Formatted: Font: Times New Roman, 12 pt
Commented [TG33]: Edit 33: Section 7.14 was ad
1
recognize required federal FMLA benefits.
+
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11.A.c
Section 8,1 ClAevmwe DcftiiiiiHiniia,
A "grievance" is defined as a dispute or difference of opinion raised by an employee
against the Village involving an alleged violation of an express provision of this
Agreement, except that any dispute or difference of opinion concerning a matter or issue
subject to the jurisdiction of the Buffalo Grove Board of Fire & Police Commissioners,
except as otherwise provided in this Agreement, shall not be considered a grievance under
this Agreement. Such grievance shall be filed by the Union on behalf of the employee.
'urn°ti oiim 8.2 Piroceqh iuir-c
The parties acknowledge that it is usually most desirable for an employee and his
immediate supervisor to resolve problems through free and informal communications. If,
however, the informal process does not resolve the matter, the grievance will be processed
as follows unless, by mutual agreement in writing, the parties waive one or more of the
aforementioned steps:
STEP 1: The Union may submit the grievance of a Firefighter/Paramedic in writing
to the Lieutenant as designated by the Fire Chief, specifically indicating that the
matter is a grievance under this Agreement. The grievance shall contain a complete
statement of the facts, the provision or provisions of this Agreement which are
alleged to have been violated, and the specific relief requested, and the signature of
the grievant and his Union representative. All grievances must be presented no
later than thirty (30) calendar days from when the event was known or reasonably
should have been known giving rise to the grievance.
The Lieutenant shall render a written response to the grievant, with a copy being
simultaneously given to the Fire Chief, within ten (10) calendar days after the
grievance is presented. The decision of the Lieutenant shall not be binding on the
Village if the Fire Chief or his designee so advises both the grievant and the Union
within ten (10) calendar days of receipt of the Lieutenant's response.
STEP 2: The Union may submit a grievance of a Fire Lieutenant in writing to the
Battalion Chief as designated by the Fire Chief, specifically indicating that the
matter is a grievance under this Agreement. The grievance shall contain a complete
statement of the facts, the provision or provisions of this Agreement which are
alleged to have been violated, and the specific relief requested, and the signature of
the grievant and his Union representative. All grievances must be presented no
later than ten (10) calendar days from the date of the first occurrence of the matter
giving rise to the grievance.
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The Battalion Chief shall render a written response to the grievant, with a copy
being simultaneously given to the Fire Chief, within ten (10) calendar days after
the grievance is presented.
If a grievance of a Firefighter/Paramedic is not settled at Step I and the Union
wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be
submitted by the Union in writing to the Battalion Chief as designated by the Chief
with ten (10) calendar days after receipt of the Village's answer in Step 1. The
grievance shall specifically state the basis upon which the Union believes the
grievance was improperly denied at the previous step in the grievance procedure.
The Battalion Chief shall investigate the grievance and, in the course of such
investigation, shall offer to discuss the grievance within ten (10) calendar days with
the grievant and the Union. If no settlement of the grievance is reached, the
Battalion Chief or his designee shall provide a written answer to the grievant and
the Union within ten (10) calendar days following the meeting.
STEP 3: If a grievance is not settled at Step 2 and the Union wishes to appeal
the grievance to Step 3 of the grievance procedure, it shall be submitted by the
Union in writing to the Fire Chief within ten (10) calendar days after receipt of the
Village's answer in Step 2.
The grievance shall specifically state the basis upon which the grievant and the
Union believe the grievance was improperly denied at the previous step in the
grievance procedure. The Fire Chief shall investigate the grievance, and in the
course of such investigation, shall offer to discuss the grievance within ten (10)
calendar days with the grievant and the Union. If no settlement of the grievance is
reached, the Fire Chief or his designee shall provide a written answer to the grievant
and the Union within ten (10) calendar days following their meeting.
STEP 4: If a grievance is not settled at Step 3 and the Union wishes to appeal the
grievance to Step 4 of the grievance procedure, it shall be submitted by the Union
in writing to the Village Manager within ten (10) calendar days after receipt of the
Village's answer in Step 3. The grievance shall specifically state the basis upon
which the grievant and the Union believe the grievance was improperly denied at
the previous step in the grievance procedure. Thereafter, the Village Manager, or
his designee, and other appropriate individuals as desired by the Village Manager,
shall meet with the grievant and a Union representative within eighteen (18)
calendar days of receipt of the Union's appeal. If no agreement is reached, the
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Village Manager or his designee shall submit a written answer to the grievant and
the Union within eighteen (18) calendar days following the meeting.
'3em°taioin 83 Au Illf iHi aWalciliin
If a grievance is not settled in Step 4 and the Union wishes to appeal the grievance
from Step 4 of the grievance procedure, the Union may refer the grievance to Arbitration
as described below within twenty-one (21) calendar days of receipt of the Village's answer
as provided to the Union at Step 4:
A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days
after the receipt of the notice of referral. In the event the parties are unable to agree
upon the arbitrator within said ten (10) day period, the parties shall jointly request
the Federal Mediation and Conciliation Service or the American Arbitration
Association, to submit a panel of seven (7) arbitrators. Each party retains the right
to reject one panel in its entirety and request that a new panel be submitted.
Each party also retains the right to request that the panels submitted for any given
case be limited to members of the National Academy of Arbitrators. Both the
Village and the Union shall have the right to strike three (3) names from the panel.
The party requesting arbitration shall strike the first three (3) names; the other party
shall then strike three (3) names. The person remaining shall be the arbitrator.
B. The arbitrator shall be notified of his selection and shall be requested to set a time
and place for the hearing subject to the availability of Union and Village
representatives.
C. The Village and the Union shall have the right to request the arbitrator to require
the presence of witness or documents. The Village and the Union retain the right
to employ legal counsel.
D. The arbitrator shall submit his decision in writing within thirty (30) calendar days
following the close of the hearing or the submission of briefs by the parties,
whichever is later.
E. More than one grievance may be submitted to the same arbitrator where both parties
mutually agree in writing.
F. The fees and expenses of the arbitrator and the cost of a written transcript, if any,
shall be divided equally between the Village and the Union; provided, however,
that each parry shall be responsible for compensating its own representatives and
witnesses.
S'ec'tiion 8.4 11f.iii lditdiio�ins Oin Atiuilllwiiriiiiy ld' iii"bitiraWr.
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The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator shall consider and decide
only the question of fact as to whether there has been a violation, misinterpretation or
misapplication of the specific provisions of this Agreement. The arbitrator shall be
empowered to determine the issue raised by the grievance as submitted in writing at the
first step (second step in the case of Fire Lieutenants) and shall have no authority to make
a decision on any issue not so submitted or raised. The arbitrator shall be without power
to make any decision or award, which is contrary to or inconsistent with applicable Federal
or State law. Any decision or award of the arbitrator rendered within the limitations of this
Section shall be final and binding upon the Village, Union and the employee(s) covered by
this Agreement.
section S.fr'1'uinic Uiiiumuik foil III ^uiIII uii1111 g
No grievance shall be entertained or processed unless it is signed by the grievant
and submitted at Step 1 (Step 2 in the case of a Fire Lieutenant) within thirty (30) calendar
days from when the event was known or reasonably should have been known giving rise
to the grievance. if a grievance is not presented by the employee within the time limit set
forth above, it shall be considered waived and may not be further pursued. Such waiver
shall not serve to waive an employee's right to file a future grievance involving similar
facts and circumstances.
If a grievance is not appealed to the next step within the specified time period, or
within an approved, written extension thereof, it shall be considered settled on the basis of
the Village's last answer, provided, however, that such settlement shall not serve to waive
an employee's right to file a future grievance involving similar facts and circumstances. If
the Village does not answer a grievance or an appeal thereof within the specified time
limits, the aggrieved employee may elect to treat the grievance as denied at this step and
immediately appeal the grievance to the next step.
The parties may, by mutual written agreement, extend any of the time limits set
forth in this Article.
uo cfiigpn 8.6 lyWK-.e11I1Iaiiimc(ius.
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.
SeCitIoliw 9,1 i �o y uruihu
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Neither the Union nor any officers, agents or employees covered by this Agreement
will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, slow-
down, sit-down, concerted stoppage of work, concerted refusal to perform overtime,
concerted, abnormal and unimproved enforcement procedures or policies or work to the
rule situation, mass resignations, mass absenteeism, picketing or any other intentional
interruption or disruption of the operations of the Village, regardless of the reason for so
doing. Any or all employees who violate any of the provisions of this Article may be
discharged or otherwise disciplined by the Village.
Each employee who holds a position of officer or steward of the Union occupies a
position of special trust and obligation to notify the employees of their actions as being a
violation of this Article in order to maintain and bring about compliance with the provisions
of this Article. In addition, in the event of a violation of this Section of this Article, the
Union agrees to inform its members of their obligation under this Agreement and to direct
them to return to work.
Section 9.3 INIo L�,wllll iiiit.
The Village will not lock out any employee during the term of this Agreement as a
result of a labor dispute with the Union.
secifiion 101,w1IltilseIII irg III uis`m;WsfigDil�kiiias
Disciplinary actions instituted by the Village shall be for reasons based upon an
employee's failure to fulfill his responsibilities as an employee. Where the Village believes
just cause exists to institute disciplinary action it shall have the option, consistent with the
principles of timely progressive discipline imposed for the purpose of encouraging
corrective employee action, to assess including but not limited to the following penalties:
Counseling Session
Oral Reprimand
Written Reprimand
Suspension
Demotion
Tennination
Any disciplinary action or measure other than a counseling session, oral and written
reprimand imposed upon an employee shall be subject to review and appeal as provided
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for in this Agreement. Counseling sessions, oral and written reprimands shall not be subject
to the arbitration procedure or to review by the Board of Police and Fire Commissioners.
Employees shall have the tight to file grievances concerning discipline covering suspension
without pay, demotion and/or termination or they may choose the hearing process by the
Board of Fire and Police Commissioners. Filing of a grievance shall act as a waiver by the
employee involved of the right to challenge the same matter 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. Seeping review by the Board of Fire and Police
Commissioners shall act as a waiver by the Union and employee involved of the right to
challenge the same matter in the grievance process.
A. The Village agrees that non -probationary employees shall be disciplined and
discharged only for just cause. A copy of all suspension, demotion and discharge
notices shall be provided to the employee. The Employer further agrees that
disciplinary actions shall be imposed in a timely manner (not to exceed thirty (30)
calendar days from the date of the incident giving rise to the disciplinary action or
from the date of the Employer's completion of its investigation of such incident
whichever is later) and shall not conflict with the "Illinois Fireman's Disciplinary
Act" (Ill. Rev. Stat ch. 85 Par 2501, et seq.).
B. Any employee found to be unjustly suspended or discharged shall be reinstated with
full compensation for all lost time and with full restoration of all other rights,
benefits and conditions of employment, without prejudice, unless a lesser remedy
is agreed upon as a settlement or deemed proper by the appropriate hearing
authority.
C. Disciplinary actions, including but not limited to oral, written, and suspension,
recorded in the employee's personnel files shall not be used after twelve (12)
months to justify subsequent disciplinary action, except for a related offense. Non -
meritorious disciplinary actions shall not be relied upon to justify any subsequent
disciplinary action. In the event disciplinary action is contemplated against an
employee, prior to any pre -disciplinary discussions or meetings with the employee,
the employee shall be informed of his/her rights to representation prior to such
meeting. Employees shall be entitled to representation at all disciplinary
investigatory meetings, which the employee attends and are initiated by the
Employer, and at any meeting or interviews which the employee reasonably
believes could result in discipline.
D. The Village shall conduct Rules Violations Investigations (R.V.1.) when it receives
complaints or has reason to believe an employee has failed to fulfill his
responsibilities as an employee.
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It is understood that polygraph examinations without written consent of the
employee and tests by means of any chemical substance will not be used by the
Village in any phase of disciplinary investigations or interrogation.
E. Prior to taking any final, disciplinary action and just prior to concluding its
investigation, the Village shall notify the employee of the contemplated measure of
discipline to be imposed, and shall meet with the employee involved and inform
the employee of the reasons for such contemplated disciplinary action. Copies of
all pertinent documents shall be given to the employee at this notification and
review meeting, including:
1. Allegation of violations of Rules and Regulations
2. Statement of charges and specifications
3. Employee statements
4. Acknowledgment of notification and review
5. The discipline recommended
6. Copies of the employees pertinent past discipline.
The employee shall be entitled to representation at such meetings and shall be given
the opportunity to rebut the reasons for such proposed discipline.
F. The Employer's personnel files, disciplinary history files, medical files and
completed inactive investigative files, shall, upon reasonable request to the Chief
or his designee, be open and available for inspection and copying by the effected
employee during regular business hours. With respect to such files maintained at
the Department, regular business hours shall encompass 9:00 a.m. to 5:00 p.m. it is
agreed that any of these tiles not made available for inspection and copying shall
not be used in any manner or forum for any disciplinary action.
G. Interrogations - Interrogation shall be defined as the questioning of a firefighter
(employee) pursuant to an investigation initiated by the Village in connection with
an alleged violation of the Rules, Regulations or Orders of the Village of Buffalo
Grove or the Fire Department, which may be the basis for filing charges seeking
the suspension, removal or discharge of a firefighter (employee). Whenever a
firefighter is subjected to administrative interrogation for any reason which could
lead to disciplinary action of discharge or suspension of more than twenty-four (24)
hours, the interrogation shall be conducted under the following conditions:
1) The interrogation shall be conducted at a reasonable hour, preferably at a
time when the firefighter is on duty. if the firefighter is off duty, he/she shall
be compensated at the appropriate rate of pay.
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2) The firefighter under interrogation shall be informed of the name, rank and
command of the person in charge of the interrogation, the interrogating
officers and all persons present during the interrogation.
3) The firefighter under investigation shall be informed of the nature of the
complaint or investigation in writing prior to any interrogation.
4) The interrogation session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being investigated.
The person being interrogated shall be allowed to attend to his own personal
physical necessities.
5) No firefighter under interrogation shall be threatened with dismissal or other
disciplinary action. Nothing herein is to be construed as to prohibit the
interrogating officer from informing the firefighter that his or her conduct
can be the subject of disciplinary action should he or she refuse to obey a
lawful order from the ranking officer. Admissions or confessions obtained
during the course of any interrogation not conducted in accordance with the
Fireman's Disciplinary Act may not be utilized in any subsequent
disciplinary proceeding against the firefighter. (P.A. 83-783) No promise of
reward shall be made as an inducement to answering any questions.
6) No firefighter shall be interrogated without first being advised in writing
that admissions made in the course of the interrogation may be used as
evidence of misconduct or as the basis for charges seeking suspension,
removal, or discharge; and without first being advised in writing that he or
she has the right to counsel of his or her choosing who may be present to
advise him or her at any stage of any interrogation.
7) At the request of a firefighter and prior to any interrogation, the firefighter
shall have the right to be represented by counsel of his or her choice, who
may be present at all times during the interrogation. The attorney shall not
participate in the interrogation, except to counsel the firefighter. The
firefighter may request a postponement of the initial interrogation to contact
an attorney of his or her own choosing. The interrogation may not be
postponed more than twenty-four (24) hours, with allowances made for
weekends and holidays, unless specifically waived by mutual agreement of
the Village and the firefighter being interrogated. A representative of the
employee's choice may also be present during any interrogation. A
complete record of any interrogation shall be made and a complete
transcript or copy made available to the firefighter without charge and
without undue delay. The Village or the firefighter may record the
interrogation.
8) This Section does not apply to any interrogation of a firefighter in the
normal course of duty, counseling, instruction, informal admonishment or
35
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other routine or unplanned contact with a supervisor or any other firefighter.
Any admissions or confessions obtained during the course of any
interrogation not conducted in accordance with this Section may not be
utilized in any subsequent disciplinary proceeding.
H. It is understood that the rights of firefighters herein shall not diminish the right and
privileges of firefighters that are guaranteed to all citizens by the Constitution and
laws of the United States and of the State of Illinois. This Article does not apply to
any firefighter (employee) charged with violating any provision of the Criminal
Code of 1961 [720 ILCS 511-1] or any other federal, state or local code. If the
allegation under investigation indicates the recommendation for separation or
termination is probable against the firefighter, the firefighter shall be given
statutory administrative proceedings rights, or if the allegation indicates criminal
prosecution is probable against the firefighter, the firefighter shall be given the
constitutional rights concerning self-incrimination prior to commencement of the
interrogation.
1. No firefighter shall be compelled to speak or testify before, or be questioned by any
non -governmental agency. This provision shall not apply to reasonable requests
from the Village's insurance carriers provided that the employee is covered by the
insurance policy applicable to the situation.
J. Reviews of decisions of the Board of Police and Fire Commissioners or of an
arbitrator under this section shall be as provided by law, based on the election of
the hearing body selected by the employee.
K. Suspensions shall be charged at a rate based on a fifty-one and two tenths (51.2)
hour work week.
secilliion 11,pi 2 I-'e i~1`uuui°uro(1alilt Ce III III III III hoi°uwu°e incilimt III"']Ilaucm
In situations where an accident, discipline or substandard performance occurs, it is
incumbent upon the Village to work with the employee to identify potential deficiencies
and correct the negative action. In order to accomplish this goal, BGFD SOP I.., 1.45101 M9
Performance Improvement Plan;
followed.
he referenv d nnf]
Nothing in this agreement shall cause the Village to waiver from adhering to the
Illinois Firemen's Disciplinary Act (50 ILCS 745/).
ARTICLE X1
sectiolill III 1.1 Dues C11I1141ellkof''f.
The Village shall deduct from each employee's paycheck the uniform, regular bi-
weekly Union dues for each employee in the bargaining unit who has filed with the Village
and Fire Chief a properly executed authorization form. Such authorization may only be
36
Commented [TG34]: Edit 33: Correction of SOP i
Commented [TG35]: Edit35: All references tore,
dates were removed from the agreement to ensure that
agreement reflects the most current revision. Al I SOPS
by reference in the agreement shall be revised through
meeting of the Labor Management Committee.
Packet Pg. 155
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revoked by written notice to the Village and the Union during the thirty (30) days prior to
the termination date set forth in Article XIV of this Agreement. The Union may change
the fixed uniform dollar amount two (2) times per year during the term of this Agreement
by giving the Village at least thirty (30) days advance notice in writing, with a copy to the
Fire Chief, of any change in the amount of dues to be deducted.
The Village shall remit the total amount of the deducted dues, along with a list of
employees from whom the dues have been deducted, to the Union not later than seven (7)
days after the deduction is made.
Sqvl oiiim 111. Dellmmiirlioiii of Sviidoiii Goes=.
Departmental seniority shall be defined as the length of service from the last date
of beginning continuous full-time employment as a sworn Lieutenant or
Firefighter/Paramedic in the Department and uninterrupted by termination of employment.
Rank seniority shall be defined as the length of continuous full-time employment in a
promoted rank uninterrupted by termination of employment. Conflicts of departmental or
rank seniority shall be determined on the basis of the order of the Firefighter/Paramedics
on the Board of Fire and Police Commission hiring or promotional list, whichever is
applicable, with the Firefighter/Paramedic higher on the applicable list being the more
senior. Where the term "seniority" is used in this Agreement, it shall mean departmental
seniority unless otherwise specified.
1 eci,,hii s 12,2 III111rollial:icimmalry llflm mriiod.
All new employees and those rehired after termination of employment shall be
considered probationary employees until they complete a probationary period of twelve
(12) months, in accordance with 65 ILCS 5/10-2.1-4. During an employee's probationary
period, the employee may be suspended or terminated at the sole discretion of the Village,
subject to whatever legal rights, if any, such employees may have separate and apart from
this Agreement. No grievance shall be presented or entertained in connection with the
suspension or termination of a probationary employee.
In the event of an absence or leave, the probationary period may be extended, if
approved by the Board of Fire and Police Commissioners, for a comparable period of time
(i.e., day for day extensions in the event a probationary employee is absent and/or on leave
for any reason for a total of four (4) weeks or more during the first twelve (12) months of
employment).
�'is°ciiiomm 123 Senicirikyl Lis1�„
37
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On or before September 1 of each year, the Village will provide the Union with a
seniority list setting forth each employee seniority date. The Village shall not be
responsible for any errors in the seniority list unless such errors are brought to the attention
of the Village in writing within thirty (30) calendar days after the Union's receipt of the
list.
seelkon ]Il 2,4l1 Layoff.
Employees covered by this Agreement will be laid off in accordance with their
length of service as provided in the Illinois Municipal Code, Chapter 65, Section 5/3.10-
2.18 as amended from time to time.
Semu6iiiiiw 1115IRccallllll„
Employees who are laid off shall be placed on a recall list. If there is a recall,
employees who are still on the recall list shall be recalled in the inverse order of their layoff.
Employees who are on the recall list shall be given up to twenty-one (21) calendar
days to report back to work from date of receipt of the notice of recall, provided that the
employee must notify the Fire Chief or his designee of his intention to return to work within
seven (7) days after receiving notice of recall.
The Village shall be deemed to have fulfilled its obligations by mailing the recall
notice by registered mail, return receipt requested, to the mailing address last provided by
the employee, with a copy to the Union; it being the obligation and responsibility of the
employee to provide the Fire Chief or his designee with this latest mailing address. If an
employee fails to timely respond to a recall notice, his name shall be removed from the
recall list.
S cfiio uiro of' Seniio'oriiky.
Seniority and the employment relationship shall be terminated for all purposes,
subject to confirmation by the Village's Board of Fire and Police Commission, if the
employee:
A. resigns;
B. is discharged;
C. retires (or is retired should the Village adopt and implement a legal mandatory
retirement age);
D. falsifies the reason for a leave of absence, or is found to be working during a leave
of absence without the written approval of the Village Manager;
E. fails to report to work at the conclusion of an authorized leave or vacation;
F. is laid off and fails to notify the Fire Chief or his designee of his intention to return
to work within seven (7) calendar days after receiving notice of recall or fails to
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return to work within two (2) working days after the established date for the
employee's return to work.
G. is laid off for a period in excess of two (2) years;
H. does not perform work for the Village for a period in excess of twelve (12) months,
provided however, this provision shall not be applicable to absences due to military
service, established work related injury compensable under workers compensation,
disability pension, or a layoff where the employee has recall rights;
I. is absent for one shift day (24 hours) without authorization unless there are proven
extenuating circumstances beyond the employee's control that prevent notification.
°_ueclilI mmm 12.2 h iir°d.s of 1 amr ll'.
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.
svcliimummI1112.fIllm11Ici°iirrairlrHoilrr'nilseiiliiciiiilki ��,
Seniority shall be interrupted in the event an employee is laid off, placed on a non -
duty disability pension or is granted a leave of absence without pay. When an employee
returns from a layoff, non -duty disability or an unpaid leave of absence, his seniority shall
be his length of service up to the date of layoff or beginning of the unpaid leave of absence.
Seniority shall not be interrupted, and shall continue to accrue, during periods of
time when an employee is receiving workers compensation or disability pension benefits
for a work related injury.
2e mulakimm 1.2.9 III-m ommuifi(mumS Fiiire IIIl Jerurlr mm tucmt.
The Board of Fire and Police Commissioners shall provide for promotion in the
Fire Department on the basis of performance on a Written Examination, Ascertained Merit,
Subjective Evaluation (oral, tactical and performance potential rating) and seniority in
service. All promotional processes that are fire service related will be conducted in
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accordance with the provisions of the 50 Illinois Compiled Statutes 742/1 et seq. (50 ILCS
742/1 et seq.)
All examinations for promotion shall be competitive among such eligible members
of the next lower rank as desire to submit themselves for promotion. To be eligible for
examination, an applicant must have satisfactorily completed the probationary period for
his present rank, have been employed as a Firefighter for a minimum of two (2) years with
the Village of Buffalo Grove, and have a cumulative experience of no less than five (5)
years as a full-time firefighter employed directly by a municipal, state or federal agency.
This includes employment for a fire district, but does not include employment through a
private contractor. An applicant for Fire Lieutenant must be certified as a Firefighter III or
Advanced Firefighter by the Office of the State Fire Marshal. In addition, an applicant for
Fire Lieutenant must have satisfactorily completed all academic coursework and required
examinations for certification as a Fire Officer I by the Office of the State Fire Marshal.
All personnel who submit themselves to examination will be graded according to
the following schedule:
Oral Interview 15%
Tactical Assessment 255%
Performance Potential Rating (PPR) 2,6.55:5%
Written Exam 25.5%
Seniority 5%
('/4% (0.25%) per year for a maximum of twenty (20) years.
Seniority based on the date of the orientation as the first component
of testing)
Ascertained Merit
3.5%
(A.A.S. or A.S. = 2.0%, B.S. or B.A. = 3.5% - maximum combined
score may not exceed 3.5%)
Maximum Grade
For the Oral Interview, Tactical Exam and Written Examination, each applicant for
promotion must be present at the designated testing site at the time designated for the
examination to be held. Any candidate who is not so present will receive a "0" zero for
that section as a score.
The order of testing for each component of the promotional process shall be the
Orientation, Oral Interview, 'l aacfica]...y;xaatildnWion, Performance Potential Rating (PPR),
Yaackcau Exa mination and the Written Examination.)
Military credit shall be applied as prescribed by Statute 50 IL,CS 742/1 et seq. All
claims for points will be based on the Rules and Regulations of the Board of Fire and Police
Commissioners.
40
Commented [TG37]: Edit 37: The language regar,
Lieutenant promotional process was changed to add an
increased emphasis on Performance Potential Ratings.
Commented [TG38]: Edit 38: The language regarc
Lieutenant promotional process was changed to add an
increased emphasis on Performance Potential Ratings,
Packet Pg. 159
11.A.c
The Board of Fire and Police Commissioners will contract an independent testing
agencyo andthwdfw011 l+xatll:hmd ott. Assessors
from said agency administer
decline participation tin the
process $ within the last seven (7) years
there exists a meaningful personal or meaningful employment relationship with a candidate
testing for promotion. Mutual Aid, Training or any other special deployment assignments
are not considered to be "Employment Relationships". Fire Department staff or employees
will not be part of the Tactical Exam scoring process and will only function in support roles
as necessary.
Outside monitors will be allowed for the process of promotions governed by this
section of the Agreement, in accordance with the Illinois Fire Department Promotion Act
(50 ILCS 742).
Employees who participate in the promotional process will have their past two
annual performance evaluations delivered to the Board of Fire and Police Commissioners
with their application to the exam process as a reference document for the Board of Fire
and Police Commissioners without a weighted value for the promotional process. For the
purpose of completing the PPR rating, personnel who have had a shift change in the past
365 days from the date of the beginning of the testing will be allowed to select the most
recent supervisor (Lieutenant), from their most recent previous shift, as the "C" rater within
the procedures of the PPR process as contained in the Rules and Regulations of the Board
of Fire and Police Commissioners.
Participants will be advised of their scores for each individual component of the
Commented [TG39]: Edit 39: Language was chan
reflect that the Written Examination is conducted by ar
independent testing agency.
promotional process within fifteen (15) days of the completion of that process scoring.
covo-ed by the rrahl"icadon of dh s A"grecnrre�a� trr All .l,eani thereafter as governed by.:ghts
Agreement b e languageoCommented T removed.
p . t
h@°�.�a6`fl'➢C:BA� �w�ll 8"t".4lrrn]krr0.� P" frrnAC�M,.�rL.aN" 9rrd�JsrrNx6. P&a1Pf4144.,ad.flefl0 69l hhC.`$.(""M�pq➢h.-l7�rrDa✓6.a"s�.. Coin wasrcmo 40]' Hdit30.Dn lioanvoandou.
llecil:iion Ill ,.11l I111urolinofloins..:Ballalkiii t"Ilhilel"
The Fire Chief shall provide a process for promotion in the Fire Department to the
rank of Battalion Chief on the basis of performance on an Interview, Assessment Center
(oral, tactical and writing), Performance Potential Rating (PPR), and seniority in service.
All promotional processes that are fire service related will be conducted with both
internal and external fire service evaluators.
The promotional process for Battalion Chief shall begin with the requirement of
qualified candidates completing and returning an "Application for Promotion". This
Application outlines the basic requirements for application for promotion to Battalion
Chief. It additionally addresses the basic educational requirements of the position, should
such promotion to Battalion Chief be attained. Said Application must be delivered to the
Fire Chief or his designee by the date indicated on the application. Failure to deliver said
application will result in immediate disqualification from the current Battalion Chief
promotional process.
41
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All examinations for promotion shall be competitive among such eligible
members of the next lower rank as desire to submit them for promotion. To be eligible
for examination for Battalion Chief, an applicant must have a ininimum of one (1) year
experience as a Fire Lieutenant with the Buffalo Grove Fire Department and al. lDaehe or
lDegtee.
Any cmpc oyee pronnofled do tlne pos fionu of Baflafio�b ChI f duritig the dur atiotl of
this Agreeaccrrnt, shaft can i as Bachelor Degrue thice (y) years of th6r lrrwnodioti, U.:l
one has niot already been eaatwil, ff extraordinary 6rcni navtaanaces prevent the cr npnhaycc
dl°cam..eaanalung as degree hi tits fifnne peauod, aaa eats°narwnon n iaay be-rwitcd by the Fite (1hel
tun aagrecnancwad.avis h the cw-na;nat UnT ona laaanlurc° to aadtano a Bachcpoi's lDc,gre,,
wldldi the dosigpmled tnnneflraame a l l reRdt M dhe renoval cal"the pnon noted ennnployee
Ascertained Merit**
3.5%
PPR
10%
Seniority*
6.5%
Oral Interview
30%
Assessment Center
50%
Maximum Grade
100%
*1/2% per year for a maximum of thirteen (13) years of service as a Lieutenant.
Seniority based on the date of the orientation as the first component of testing.
**2.0% for a Bachelor's Degree; 3.5% for a Master's Degree
For the Oral Interview and Assessment Center, each applicant for promotion must
be present at the designated testing site, and at the time designated for the examination to
be held. Any candidate who is not so present will receive a zero (0) for that section as a
score.
The order of testing for each component of the promotional process shall be:
Application, PPR, Seniority, Oral Interview, and Assessment Center.
Military credit shall be applied as prescribed by Illinois Statute 50 ILCS 742/1 et
sep. AN ckdiwfiar points wall diaHoN,;%, the da16 aanac8 LegnnlantnonS of d°w Board op' Fire a.nd
The Fire Chief will form an independent group to conduct the Assessment Center
Assessors must decline participation in the process if, within the last seven (7) years,
there exists a meaningful personal or meaningful employment relationship with a
candidate testing for promotion. Mutual Aid, Training or any other special deployment
assignments are not considered to be "Employment Relationships". Fire Department
staff or employees will not be part of the Tactical Exam scoring process, and will only
function in support roles if necessary.
42
Commented [TG42]: Edit 42: The language rcgart
requirements of the position of Battalion Chief was cht
add a requirement that interested individuals must have
Bachelor Degree in order to test for promotion.
Commented [TG43]: Edit 43: a reference to the Ri
Regulation of the Board of Fire and Police Commissioi
removed as the promotional process follows state state
internal rules and regulations, rather than the BFPO.
Packet Pg. 161
11.A.c
There will be no outside monitors for the process of promotions as governed by
this Agreement.
Participants will be advised of their scores for each individual component of the
promotional process within fifteen (15) days of the completion of that process scoring.
The Fire Chief reserves the right to select candidates for the promotion to
Battalion Chief based on the specific job description requirements of the position.
All TICL,E X111
cfigpn 13,1. 111' mmlmui c ! gii-c iiinciicmt.
This Agreement constitutes the complete and entire Agreement between the parties
and concludes collective bargaining between the parties for its term. This Agreement
supersedes and cancels all prior practices and agreements, whether written or oral, unless
expressly stated to the contrary herein.
The Village and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly, waives the right and each agrees that the other shall not be obligated to
bargain collectively with respect to any subject or matter, referred to or covered in this
Agreement, including the impact of the Village's exercise of its rights as set forth herein
on wages, hours or terms and conditions of employment. This paragraph does not waive
the Union's right to bargain over any subject or matter not referred to or covered in this
Agreement which is a mandatory subject of bargaining and concerning which the Village
may consider changing during the term of this Agreement.
' ecfiioill 1114.1 saviiiclgs l lllatuise.
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.
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ARTICLE XV
Section 15,1 if" uiratioiiim qul` greeruim W,
This Agreement shall be effective as of the day after the Agreement is executed by
both parties and shall remain in full force and effect until 11:59 P. M. on the 30th day of
April, 20230. It shall be automatically renewed from year to year thereafter unless either
commented [rc44]: Edi144: Tex wal ediI to refle
art shall notify the other in writing at least ninety 90 days prior to the April 30
party Y g Y( ) Y p p
agreement timeline.
anniversary date that it desires to modify this Agreement. In the event that such notice is
given, negotiations shall begin no later than sixty (60) days prior to the April 30 anniversary
date.
Notwithstanding any provision of this Article or Agreement to the contrary, this
C
0
Agreement shall remain in full force and effect after the expiration date and until a new
V
Agreement is reached unless either party gives at least ten (10) days written notice to the
LL
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other party of its desire to terminate this Agreement, provided such termination date shall
not be before the anniversary date set forth in the preceding Section.
o
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i
This Agreement e-c, 2'. you, 0 by the Village of
mg approve on �_,����~vu�lyu a ,.�s r V� 'el�lr,n� v°�ml..
Buffalo Grove Board of Trustees, executed by the Village Manager and signed by:
For the Village of Buffalo Grove
Dane Bragg
Village Manager
Arthur A. Malinowski, Jr.
Director of Human Resources
William M. Baker
Fire Chief
For the Buffalo Grove Professional Firefighter/Paramedic Association
Local 3177, IAFF, AFL-CIO, CLC
Michael J. Spiro
Union President
M Doll
Union Vice President
Alfredo Caballero
Union Secretary
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A:PPENDI:XA.......D RIJG/AI.COIIOL">IES➢'IING
The purpose of this Appendix is to provide forms used by the Village of Buffalo Grove
during the implementation of alcohol and drug testing (herein referred to as "testing") of
Employees for the presence of prohibited substances pursuant to Section 4.7, Drug and
Alcohol Testing Policy (the "Policy"). These procedures are intended as a supervisory
guide only and are in no way intended to alter any existing relationship between Village of
Buffalo Grove Fire Department (the "Employer") and any Employee.
DRUG/ALCOHOL TESTING FORMS
EMPLOYEE NOTIFICATION LETTER
ACKNOWLEDGMENT OF NOTICE OF POLICY & CONSENT TO TESTING
LAST CHANCE AGREEMENT
REPORT OF REASONABLE SUSPICION
NEW HIRE ACKNOWLEDGMENT, RELEASE AND CONSENT
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FORM
Date:
EMPLOYEE NOTIFICATION LETTER
Dear Employee:
The VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT (the "Employer") and the
Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, TAFF, AFL-
CIO, CLC, has ratified a revised drug/alcohol use policy and procedures (the "Policy").
This Policy enhances already existing Employer prohibitions of the use of illicit or
inappropriate drugs (herein referred to as prohibited substances. Specifically, it is the
policy of the Employer that the use, sale, purchase, transfer, possession or presence in one's
system of any prohibited substance (except medications prescribed by a licensed doctor),
including alcohol (unless otherwise permitted by Fire department rules), by any Employee
while on fire department premises, while engaged in fire department business, while
operating fire department equipment and vehicles (including leased vehicles) is strictly
prohibited. This Policy supersedes all prior policies and statements relating to prohibited
substances. The Employer will notify and cooperate with law enforcement agencies in the
investigation of any Employee suspected of possession of or trafficking in illicit or
inappropriate drugs. Any Employee convicted of on-the-job, possession of or trafficking
in illicit or inappropriate drugs, or of driving intoxicated will be terminated.
Under the procedures adopted, Employees will be subject to testing where the
circumstances establish that reasonable suspicion of prohibited substance use exists.
Employees will also be required to submit to testing following on-the-job accidents or
injuries. Refusal to submit to a properly given request to submit to testing will be
considered a violation of Employer policy subjecting the Employee to immediate
discipline.
In addition, should the federal, state or local rules be revised to include/permit additional
testing or limit such testing, the Employer's policy will be revised to comply with those
rules.
Every safeguard will be taken in the specimen collection process to ensure that all federally
mandated chain -of -custody and laboratory criteria will be met. Employee privacy and
confidentiality will be vigorously safeguarded.
VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT ADHERES TO A POLICY
OF NON-DISCRIMINATION AGAINST EMPLOYEES SUFFERING FROM
ALCOHOLISM OR DRUG ADDICTION IF PROTECTED UNDER FEDERAL AND
STATE GUIDELINES.
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Any Employee who is presently experiencing difficulty with prohibited substances is
encouraged to seek assistance through the Employee Assistance Program. If such
assistance is sought prior to being requested to submit to a test, no disciplinary action
relating to alcoholism or drug addiction will be taken.BE FOREWARNED, courts have
determined that current use of prohibited substances detected by testing may not protect
Employees claiming protection under handicap statutes.
The following drugs will be tested for:
ALCOHOL
AMPHETAMINES
COCAINE
MARIJUANA
OPIATE METABOLITES
PHENCYCLIDINE (PCP)
Any Employee testing positive for the use of prohibited substances may be subject to
discipline, up to and including, termination.
Very truly yours,
Village of Buffalo Grove Fire Department, and the Buffalo Grove Professional
Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC.
By: William M. Baker
Its: Fire Chief
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FORM
ACKNOWLEDGMENT OF NOTICE OF THE
VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT
AND THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC
ASSOCIATION LOCAL 3177, IAFF, AFL-CIO, CLC
DRUG/ALCOHOL USE POLICY AND PROCEDURES
AND CONSENT TO TESTING
I, , acknowledge receiving written notice of the existence of the
Village of Buffalo Grove Fire Department (the `Employer") and the Buffalo Grove
Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, Drug
and Alcohol Abuse Policy (the "Policy").
As a condition of continued employment or seivice to the Employer, I understand and agree
that I must not use, buy, sell, accept as a gift, experiment with, traffic in or be otherwise
involved with illicit or inappropriate drugs or alcohol (unless otherwise permitted by fire
department rules) while on fire department premises, while engaged in fire department
business, while operating fire department equipment and vehicles (including leased
vehicles).
I understand that the Policy does not apply to medication properly taken as prescribed by
a licensed doctor, except as provided by the Policy.
I further understand and agree that I may be required to submit to testing on four occasions:
I. Where circumstances establish that reasonable suspicion of prohibited
substance use exists, or;
2. Following on-the-job moving vehicle accidents resulting in a death(s), or
injuries that require medical treatment away from the scene of the vehicle
accident, or;
3. Following an on duty injury where the incident may be reported to any state
or federal governmental body (i.e., IDOL, OSHA, etc., not OSFM) or;
4. As a follow-up to prior prohibited conduct.
I understand, further, that refusal to submit to testing when requested to do so by a
supervisor will result in immediate discipline.
My signature below indicates my understanding of this Policy and what is expected of me,
my consent to be tested and my authorization to release to any collection site personnel,
medical review officer or Employer representative the information necessary to comply
with this Policy.
(Date) (Employee Signature)
(Date) (Employer Signature)
FORM
LAST CHANCE AGREEMENT
FOR VIOLATION OF
DRUG/ALCOHOL USE POLICY
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THE BUFFALO GROVE FIRE DEPARTMENT (the "Employer") agreed to your request
to seek counseling and referral to a rehabilitation program for alcohol and drug use. The
following conditions apply to your rehabilitation program:
You must authorize the Employee Assistance Program to provide proof of enrollment in
an alcohol and drug abuse rehabilitation program and proof of attendance at all required
sessions on a monthly basis to the Fire Chief. The Employer will closely monitor your
attendance and will terminate you (cancel your agreement) if you do not regularly attend
all required sessions.
You will pay for all costs of rehabilitation, which are not covered under the Employer's
benefit plan.
During the five years following completion of your rehabilitation program, the Employer,
under the direction of the Substance Abuse Professional, will test you for alcohol or drug
abuse on an unannounced basis, while on duty. The Employer will promptly terminate you
(your services) if you refuse to submit to testing or if you test positive during this five-year
period.
You must meet all established standards of conduct and job performance. The Employer
will terminate you (your services) if your on-the-job conduct or job performance is
unsatisfactory. Satisfactory performance includes ongoing compliance with the drug
testing policy, including testing if there is reasonable suspicion of violation of the
prohibition of use.
Nothing in this agreement alters your employment status. The Employer hopes its
employment relationship with you will be a happy and enduring one. Nevertheless, you
remain free to resign your employment (terminate your agreement) at any time for any or
no reason without notice.
I voluntarily agree to all the above conditions and authorize the Employee Assistance
Program to provide the Fire Chief with proof of my enrollment and attendance at the
recommended rehabilitation program.
(Date) (Employee Signature)
(Date) (Employer Signature)
FORM
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BUFFALO GROVE FIRE DEPARTMENT
REPORT OF REASONABLE SUSPICION
OF THE
DRUG/ALCOHOL USE POLICY
(This form must be completed the same day the Employee is asked to take a test)
I, (Staff Officer), and I, (Lieutenant)
have observed behavior in (Employee)
that is consistent with the guidelines determining the need for reasonable suspicion drug
testing as defined in the Village of Buffalo Grove Fire Department (the "Employer") and
the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, TAFF,
AFL-CIO, CLC, Drug and Alcohol Abuse Policy.
The Employer will adhere to the following guidelines when determining the need for
reasonable suspicion drug testing: (Circle the observed behavior(s).
1. Direct observation of drug use while at work.
2. Direct observation of physical symptoms or manifestations of being in
violation of the Employer's Drug and Alcohol Abuse Policy while at work.
3. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
4. A report of drug abuse, provided by a reliable and credible known source,
which has been independently corroborated.
5. Evidence that an individual has tampered with a drug test during his/her
employment with the current Employer.
6. Information that an Employee has caused, or contributed to an accident
while at work.
7. Evidence that an Employee has used, possessed, sold, solicited, or
transferred drugs while working or while on this Employer's premises or
while operating this Employer's vehicle, machinery or equipment.
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NOTES:
(Staff Officer
(Lieutenant)
(Fire Chiet)
(Date)
(Date)
(Date)
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FORM
ACKNOWLEDGMENT, RELEASE AND CONSENT
OF THE
BUFFALO GROVE FIRE DEPARTMENT
DRUG/ALCOHOL USE POLICY AND PROCEDURES
I acknowledge that the Village of Buffalo Grove Fire Department (the "Employer") and
the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF,
AFL-CIO, CLC, has a Drug and Alcohol Abuse Policy (the "Policy") and consent to the
following:
As a condition for consideration of my application for employment, I agree to undergo
screening of my urine for illegal drugs. 1 further understand and agree that if employed, as
a condition of my employment, I will be required to submit to testing for the detection of
prohibited substances or alcohol based upon suspicion or following an accident, injury,
spill or returning to work after an absence of 30 days or more.
I consent to be tested and authorize any doctor, laboratory, hospital or medical professional,
retained by BUFFALO GROVE FIRE DEPARTMENT, to release to any collection site
personnel, medical review officer or Employer representative the information necessary to
comply with this Policy. I release the doctors, laboratories and couriers or hospitals retained
by the BUFFALO GROVE FIRE DEPARTMENT, their Employees, agents, contractors and
successors and assigns from any liability whatsoever arising from the request to furnish the
urine, the testing of the urine sample and decisions made concerning continued
employment based upon the results of the analysis.
(Date) (Applicant Signature)
(Date) (Employer Signature)
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
APPE DI B ...... COMPARA:B F.., (.;OMMUNlTIES
Elk Grove Village
Glenview
Gurnee
Highland Park
Hoffman Estates
Morton Grove
Mount Prospect
Mundelein
Niles
Northbrook
Park Ridge
Rolling Meadows
Wheeling
Wilmette
Packet Pg. 173
11.A.d
AN AGREEMENT BETWEEN
THE VILLAGE OF BUFFALO GROVE
AND
THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC
ASSOCIATION
LOCAL 3177, IAFF, AFL-CIO, CLC
MAY 1, 2020 THROUGH APRIL 30, 2023
Commented [TG1]: Edit 1: Change of dates to rcfl
year contractual agreement
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Table of Contents
AGREEMENT....................................................................................................................
5
ARTICLE1.........................................................................................................................
5
Section1.1 Recognition..................................................................................................
5
Section 1.2 Fair Representation......................................................................................
5
Section 1.3 Non-Discrimination.....................................................................................
6
Section1.4 Gender..........................................................................................................
6
ARTICLE11........................................................................................................................
6
Section 2.1 Use of Bulletin Board..................................................................................
6
ARTICLEIII.......................................................................................................................
6
Section 3.1 Management Rights.....................................................................................
6
Section 3.2 Contrasting Out............................................................................................
7
Section 3.3 Precedence of Agreement............................................................................
7
ARTICLEIV......................................................................................................................
8
Section 4.1 Safety Committee.........................................................................................
8
Section 4.2 Standard Operating Procedures Committee .................................................
8
Section 4.3 Labor -Management Committee...................................................................
8
Section 4.4 Promulgation of New or Revised Rules .......................................................
9
Section 4.5 Wellness/Fitness Program............................................................................
9
Section 4.6 Return to Work After Illness/Injury.............................................................
9
Section 4.7 Drug and Alcohol Testing Policy..............................................................
10
Section 4.8 Performance Evaluation Plan.....................................................................
13
Section 4.9 Secondary Employment.............................................................................
13
ARTICLEV......................................................................................................................
14
Section5.1 No Smoking...............................................................................................
14
Section5.2 Residency...................................................................................................
14
ARTICLEVI....................................................................................................................
14
Section6.1 Salaries.......................................................................................................
14
Section 6.2 Wage and Benefit Reopener......................................................................
16
Section6.3 Overtime....................................................................................................
16
Section 6.4 Training Overtime......................................................................................
17
Section6.5 Longevity...................................................................................................
17
Section 6.6 Temporary Assignment to Higher Level Position .....................................
18
Section6.7 Call Backs..................................................................................................
18
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Section 6.8 Health, Dental and Vision Benefits...........................................................
18
Section 6.9 Health, Dental and Vision Benefit Reopener.............................................
19
Section 6.10 Special Duty Pay......................................................................................
20
Section 6.11 Attendance at Grievance Meetings..........................................................
20
ARTICLEVII...................................................................................................................
20
Section7.1 Definitions..................................................................................................
20
Section7.2 Holidays.....................................................................................................
20
Section7.3 Kelly Days.................................................................................................
21
Section7.4 Sick Leave..................................................................................................
22
Section7.5 When Taken...............................................................................................
22
Section7.6 Accrual.......................................................................................................
23
Section 7.7 Accrued Sick Leave...................................................................................
23
Section 7.8 Medical Certificate.....................................................................................
25
Section7.9 Light Duty..................................................................................................
25
Section7.10 Vacation...................................................................................................
26
Section 7.11 Hours and Duration..................................................................................
26
Section 7.12 Compensatory Time.................................................................................
26
Section 7.13 Selection of Scheduled Days Off............................................................
27
Section 7.14 Family and Medical Leave of Absence ("FMLA").................................
27
ARTICLEVIII..................................................................................................................
27
Section 8.1 Grievance-Definition.................................................................................
27
Section8.2 Procedure...................................................................................................
27
Section8.3 Arbitration..................................................................................................
29
Section 9.4 Limitations On Authority of Arbitrator.....................................................
30
Section 8.5 Time Limit for Filing.................................................................................
30
Section 8.6 Miscellaneous............................................................................................
31
ARTICLEIX....................................................................................................................
31
Section9.1 No Strike....................................................................................................
31
Section9.2 No Lockout................................................................................................
31
ARTICLEX......................................................................................................................
31
Section 10.1 Discipline and Discharge Investigations..................................................
31
Section 10.2 Performance Improvement Plan..............................................................
35
ARTICLEXI....................................................................................................................
36
Section 11.1 Dues Checkoff.........................................................................................
36
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ARTICLEXII...................................................................................................................
36
Section 12.1 Definition of Seniority.............................................................................
36
Section 12.2 Probationary Period.................................................................................
36
Section 12.3 Seniority List............................................................................................
37
Section12.4 Layoff.......................................................................................................
37
Section12.5 Recall.......................................................................................................
37
Section 12.6 Termination of Seniority..........................................................................
37
Section 12.7 Effects of Layoff ......................................................................................
38
Section 12.8 Interruption of Seniority..........................................................................
38
Section 12.9 Promotions -Fire Lieutenant.....................................................................
39
Section 12.10 Promotions -Battalion Chief...................................................................
41
ARTICLEXIII..................................................................................................................
42
Section 13.1 Entire Agreement.....................................................................................
42
ARTICLEXIV..................................................................................................................
42
Section 14.1 Savings Clause.........................................................................................
42
ARTICLEXV...................................................................................................................
44
Section 15.1 Duration of Agreement............................................................................
44
APPENDIX A — DRUG/ALCOHOL TESTING..............................................................
46
APPENDIX B — COMPARABLE COMMUNITIES........................................................
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RUMMEMMOMIM
This Agreement is made and entered into by and between the Village of Buffalo
Grove, Illinois (hereinafter referred to as the "Village"), and the Buffalo Grove
Professional Firefighter/Paramedic Association, Local 3177, of the International
Association of Fire Fighters, AFL-CIO, CLC, (hereinafter referred to as the "Union").
It is the intent and purpose of this Agreement to set forth the parties' entire
Agreement with respect to the rates of pay, hours of employment, fringe benefits, and other
conditions of employment that will be in effect during the term of this Agreement for
employees covered by this Agreement; to prevent interruptions of work and interference
with the operations of the Village; to encourage and improve efficiency and productivity;
and to provide procedures for the prompt and peaceful adjustment of grievances, as
provided herein.
The Union agrees that its membership is committed to excellence in carrying out
the duties and mission of the fire department and the Union executive board agrees it has
a duty to address substandard performance among its members.
Now, therefore, the parties agree as follows:
AIITIC1,E I
' ee bill 1.1 :III ecoguitlWakiliiil.
The Village recognizes the Union as the sole and exclusive bargaining
representative for all full time Firefighter/Paramedics and Lieutenants employed by the
Village of Buffalo in the classifications or ranks of Firefighter/Paramedics and Lieutenants,
but excluding Deputy Fire Chiefs, Battalion Chiefs, managerial, all part time or temporary
employees, all civilian employees, and all other employees of the Department and the
Village.
Sa^cil oiiii 121 Friilui 11�^l�ui�, °ui�tat'laorw���
The Union recognizes its responsibility as bargaining agent, and agrees fairly to
represent all employees in the bargaining unit, whether or not they are members of the
Union. The Union further agrees to indemnify and hold harmless the Village and its
officials, representatives and agents from any and all claims, demands, suits or other forms
of liability, (monetary or otherwise). In addition, the Union shall be responsible for paying
all legal costs resulting from any failure on the part of the Union to fulfill its duty of fair
representation, although indemnification shall not be extended due to errors that are solely
the fault of the Village.
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"iec4ion 13 1'4on VlpiscHinRnaill Wiiin„,
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.
Sec loiiim 1.4 i eiiidur.
In this Agreement, all pronouns and any variations thereof refer to the masculine,
feminine or neuter, singular or plural, as the context may require.
Alit"1'1CLE 11
i1eciioiii 2,IIll flea of Dllwuilllllleithi Bo:aiu°d.
The Village will allow the Union to place a bulletin board in the bunk rooms of
each fire station for the posting of official Union notices of a non -partisan, non -derogatory
nature. The Union will limit the posting of Union notices to such bulletin boards.
iccfloiiim.1.11lylammageurwmi I -fights.
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 detennine the Village's budget and budgetary priorities; to levy taxes; to
supervise and direct the working forces; to establish the qualifications for employment, and
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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 determine whether the services to be provided by employees covered by
this Agreement, or by other employees, or non -employees not covered by this Agreement;
to determine whether services may be contracted or sub -contracted out; to make, alter and
enforce reasonable rules, regulations, orders and policies (provided that only rules,
regulations, orders and policies that are mandatory subjects of bargaining shall be subject
to the grievance and arbitration procedure); to enforce and alter those provisions covered
under the Village of Buffalo Grove Personnel Rules, to enforce and alter the Buffalo Grove
Fire Department Standard Operating Procedures Manual and Fire Department Rules and
Regulations; to evaluate employees; to discipline, suspend, and discharge employees for
just cause in accordance with the Fire Department rules and policies, the Board of Fire and
Police Commission rules and regulations, and the Illinois Board of Fire and Police
Commissioners Act; to change or eliminate existing methods, equipment or facilities; and
to carry out the mission of the Village; provided, however, that the exercise of any of the
above rights shall not conflict with any of the expressed, written provisions of this
Agreement.
Smwetalon 12 tOR111 .
No employee shall be laid off as a result of any decision by the Village to
subcontract any work performed by employees covered by this Agreement. If
subcontracting is a factor in the decision not to hire additional Village employees as
firefighter/paramedics, the Village will give the Union at least ninety (90) days advance
notice of the effective date of the decision. The Village will discuss the issue with the
Union.
Additionally, current staffing levels of employees covered by this Agreement will
not be subject to subcontracting decisions by the Village. Only additional staffing needs
above the current staffing levels may be considered by the Village and Department from
time to time will be subject to subcontracting.
Seefiio im 3_3 Pui e edeiii ce or A.gui veiineiiit���
If there is a conflict between a specific provision of this Agreement and a specific
provision of a Village ordinance or a written rule, regulation, directive, policy, or procedure
which may be in effect from time to time, the specific provision(s) of this Agreement for
its duration, shall take precedence.
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AR'1'1(,'[,E IV
'hem°t�ioiiil4A Smlil,dy Coiirrriommitiiekr:.
The Village and the Union recognize the importance of maintaining a Fire
Department Safety Committee to address safety issues within the department and to
promote the safety, welfare and physical wellbeing of all Fire Department personnel.
The Safety Committee shall be comprised of five (5) members, at least four (4) of
which will be represented by Local 3177, and one (1) Battalion Chief (Safety Officer).
commented [rcz]: Edit3: The membership oftht
The Fire Department Safety Officer shall serve as Chairman. At least one member shall
Committee was adjusted to remove the requirement of
Lieutenant being present onthe committee.
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The SOP Committee has the responsibility to make any recommendations to the
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Fire Chief for changes in the SOP manual as necessary, but only in the form of
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recommendations which may or may not be accepted by the Fire Chief. The purpose of
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this Committee will be to complete the review of the SOP manual and divide it into
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"Standard Operating Procedures" (SOPS).
Z9
The Committee will remain idle until such time the Fire Chief deems it necessary
to review a particular SOP. At no time will the SOP Committee be charged with the review
or consideration of SOPS that involve mandatory subjects of bargaining. Those items will
be addressed through the Labor Management Committee as established in Section 4.3 of
ii
this Agreement or through the normal negotiation process at the end of any Agreement.
commented [resl: Edit �: Textual edits to ensure
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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
v
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
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meetings to discuss issues of mutual concern.
The Labor -Management Committee may be comprised of the following:
For the Village -- Fire Chief, Deputy Chief(s), Battalion Chiefs, ISMS
Educator/Coordinator, Fire Department Management Analyst, Village Manager, commented [rca]: Edit 5: Addition ofthe EMS
Coordinator and Fire Department Management Aualys
Director of Human Resources, and Director of Finance. Committee due to significant roles in Department
For the Union -- Union President, Vice -President, Secretary, three (3) Shift administration.
Stewards and Lieutenant representative.
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The Committee shall meet at least four (4) times in a calendar year unless the parties
mutually agree to meet more or less. If any Labor -Management Committee meeting is
scheduled during work hours of an employee, such employee(s) shall be released from duty
to attend such meeting without loss of pay.
The Labor -Management Committee process shall include the opportunity for the
Union President, Fire Chief or Village Manager to schedule a meeting, the purpose of
which will be to discuss issues affecting members of the bargaining unit with members of
Village and Department senior staff. This meeting is to be facilitated by the Village
Manager and Director of Human Resources.
seclllilliio it 4.4 Pui-aonuul 'afl000ir W" New or ltevised 10�mles.
The Fire Department agrees to notify the Union in advance of promulgating or
implementing any new or revised rules and regulations or Board of Police and Fire
Commissioners rules and regulations which constitute mandatory subjects of bargaining
within the meaning of the Illinois Public Relations Act. Such notice shall be afforded
sufficiently in advance of the purpose and effective date of the proposed change to allow
the Union a fair opportunity to review and offer effective input as to the proposed change.
'Section 4.5 W011111CSS/Fitilless
The Village and Union agree that both parties will support a proactive mandatory
wellness/physical fitness program. Both parties agree that the program is to improve the
quality of life of all personnel. This program will be administered in accordance with SOP
102.02 Member Health and Safety — Physical Fitness Program.
'so rtlilaouit 4.611110 tuiuuirn ul.00 WuirlloAneir tlllllluimm y �,tVlilo uiurt-°.
All employees returning to work after injury or illness situations, whether they are
duty or non -duty related, may be required to have a release from the employee's doctor.
The Village will provide information on fitness standards to the employee, who will then
provide this information and documentation to the employee's doctor or physical therapist
to aid in any injury recovery efforts. The department may require the employee to obtain
a release from a doctor selected and fully compensated by the Village prior to returning to
work. The doctor will review the employee's overall health as it relates to the job
description, duties and any other job related criteria which are considered to be the essential
functions of the job in order to determine whether an individual is physically and mentally
able to perform essential job duties without undue risk or harm to themselves or others.
The doctor may use the data collected from the individual's fitness history as a measure in
making this determination. In addition, and based on BGFD SOP 101.36, employees may
Commented [TG5]: Edit 6: Duplicative language r
the physical fitness program was removed and replace(
reference to SOP 102.02- Physical Fitness Program to
that the contractual language remains up to date.
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be required to perform essential job functions specifically related to the injury prior to
returning to full duty as prescribed by the doctor.
If the employee is not cleared to return to work by the Village's doctor, a third
doctor will be selected by the Village's and employee's doctor(s) in an expeditious manner
with the assistance of the Village's Human Resource Director. The employee will then be
sent to the third doctor. The third doctor will then determine if the employee is cleared to
return to work. The cost of the third doctor will be equally divided by the Village and the
employee. An employee not cleared to return to work may apply for sick leave or any
other leave of absence as provided by this Agreement and/or for disability pension to the
extent provided by State statutes.
Employees who are off work for a non-OJI and are required to see the Village's
doctor prior to returning to work will be compensated at the rate of two (2) hours of straight
pay in lieu of two (2) hours of sick pay and will require verification by the doctor's office.
Under no circumstances shall overtime, premium, or additional straight pay be paid in this
situation.
Employees who are perceived to be physically and/or mentally unfit for duty shall
be evaluated by an appropriate medical/mental health doctor(s) of the Village's choosing.
If a medical/mental health doctor determines an employee is physically and/or mentally
unfit, the Village retains the right to remove them from active duty. In the event that a
medical/mental health doctor of the Village's choosing determines that an employee is
physically and/or mentally unfit for duty, the employee may request a second opinion. The
second opinion will be paid for by the employee and chosen by the employee and must be
a medical/mental health doctor specializing in the field related to the unfit detennination
and must be part of the Village's doctor health insurance network. If the first and second
opinion conflict a third medical/mental health doctor may be selected as in the standard
above for injuries or illness and the opinion of the third medical/mental health doctor shall
prevail. The expenses incurred for the third medical/mental health doctor will be equally
split between the employee and the Village. The Village retains the right to remove from
active duty any employee who has been determined to be unfit for duty by a medical/mental
health doctor via a fitness for duty evaluation. Following all procedures contained in the
Standard Operating Procedures of the department.:
ectiimuuim 43 111.'; ring ainlg AIcu�]lliol hessiiing folll�iicy,
Employees are a most valued part of the Village of Buffalo Grove Fire Department
(the "employer"). Their health and safety are serious employer concerns. Drug use and
alcohol misuse may pose a serious threat to employee health and safety. It is, therefore,
the policy of the employer to prevent substance use or abuse from having an adverse effect
on our employees. Both the employer and employees maintain that the work environment
10
Commented [TG6]: Edit 7: Textual edits to remov
apparent typographical errors.
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is safer and more productive without the presence of illicit or inappropriate drugs or alcohol
(herein referred to as "prohibited substances") in the body or on fire department property.
Furthermore, all employees have a right to work in a drug -free environment and to
work with individuals free from the effects of prohibited substances. Employees who use
or abuse prohibited substances are a danger to themselves, their co-workers, our customers,
the public and the employer's assets.
The adverse impact of substance abuse at work has been recognized by the federal
government and many states. The employer may utilize the regulations issued by the
federal government as its standard and is committed to maintaining a drug -free workplace.
Where applicable, state laws which differ will supersede this general policy and will be
followed for employees in this state. All employees are advised that remaining drug -free
are conditions of continued employment or service with the employer.
Specifically, it is the policy of the employer that the use, sale, purchase, transfer,
possession or presence in one's system of any prohibited substance (except medications
prescribed by a licensed doctor), including alcohol (unless otherwise permitted by Fire
Department rules), by any employee while on fire department premises, while engaged in
fire department business, while operating fire department equipment and vehicles
(including leased vehicles) is strictly prohibited. The employer will notify and cooperate
with law enforcement agencies in the investigation of any employee suspected of
possession of or trafficking in illicit or inappropriate drugs.
All employees will be subject to testing where circumstances establish that
reasonable suspicion of prohibited substance use exists, or following on-the-job moving
vehicle accidents resulting in a death(s), or injuries that require medical treatment away
from the scene of the accident, or following an on duty injury where the incident may be
reported to any state or federal governmental body, (i.e., IDOL, OSHA, etc., not OSFM),
or as a follow-up to prior prohibited conduct. Employees returning to duty following a
violation of this policy will be subject to testing and must submit to follow-up tests for as
long as five (5) years. Any employee who tests positive may be subject to discipline. Any
employee who refuses to comply with a proper request to submit to testing or who fails to
cooperate in the test process will be subject to the same discipline as a positive drug/alcohol
test result. These procedures are designed not only to detect violations of this policy, but
also to ensure fairness to each employee. Every effort will be made to maintain the dignity
of employees involved. Disciplinary action will, however, be taken as necessary.
Neither this policy nor any of its terms are intended to create a contract of
employment, or to alter the existing employment or contractual relationship in any way.
Program Summary:
A. Employer Contact. All questions or concerns should be directed to the Fire Chief
at (847) 537-0995 or your immediate supervisor.
11
Packet Pg. 184
11.A.d
B. When Compliance is Required. All those subject to this policy are expected to
refrain from prohibited conduct prior to performing assigned tasks, while
performing such tasks and in post -accident cases for eight hours after the accident
or until tested.
C. Prohibited Conduct. The following conduct is prohibited:
1. Controlled substance use at any time, except as prescribed by a doctor;
2. Having a blood alcohol concentration (BAC) breath test result that equals
or exceeds 0.04%;
3. Consuming alcohol within four (4) hours prior to reporting for a duty;
4. Consuming alcohol on the job;
5. Consuming alcohol within the eight (8) hours following an accident or until
tested;
6. Behavior or ability to perform due to the use of prohibited substances;
7. Refusing to test;
8. Failure to cooperate in the testing process;
9. Possession of alcohol on Employer premises, except in personal vehicles or
as permitted by Department.
D. Test Events. Employees may be tested based on four (4) circumstances:
1. Where circumstances establish that reasonable suspicion of prohibited use
exists; or
2. Following on-the-job moving vehicle accidents resulting in a death(s), or
injuries that require medical treatment away from the scene of the vehicle
accident, or;
3. Following an on duty injury where the incident may be reported to any state
or federal governmental body (i.e. IDOL, OSHA, etc., not OSFM), or:
4. As a follow-up to prohibited conduct.
E. Test Procedures. Drug and alcohol testing procedures will be implemented in
accordance with the Federal Department of Transportation procedure Title 49 CFR
Part 40 et al (Updated May 4, 2012), with the following exclusions:
1. Random drug testing of employees will not be conducted, and
2. Forms used to document the testing process will be determined by the
agency/laboratory conducting the test.
F. Condition of Employment. Submitting to testing as required by this policy is a
condition of employment and continued employment with the Employer.
G. Refusal. Any Employee who refuses to submit to a request to test will be subject
to discipline. Refusal includes failure to timely report to a designated testing site
(collection site) and the failure to execute all required test documents.
H. Consequences of Violation. Any Employee who is found to have violated this
policy will be subject to the disciplinary procedure as described in the
discipline/appeal of test results section of this policy.
12
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11.A.d
Seeking Assistance for a Prohibited Substance. Any employee who is presently
experiencing difficulty with prohibited substances is encouraged to seek assistance
through the Employee Assistance Program (EAP). If such assistance is sought prior
to being requested to submit to a test, no disciplinary action relating to alcoholism
or drug addiction will be taken.
Forms used by the Village when testing is required are located in Appendix A.
'it"ciiiiliint 4,8 Ile urhuouniwalice III,Naluwafliiui�aira III"Illaoru,,,
The Village and Union recognize that the Performance Evaluation Plan is a vehicle
intended to measure and evaluate on-the-job performance.
The employee's annual performance evaluation shall be completed by the
employee's current supervisor and discussed with the employee prior to the end of the
year.
If an employee has a disagreement with his/her evaluation, the first step of review
will be at the level of the employee's immediate supervisor. If the immediate supervisor
cannot resolve the disagreement, the next step will be to have the employee's Battalion
Chief review the evaluation. If at this step the employee's disagreement is not resolved,
the employee may then appeal to the Fire Chief in conjunction with the Director of Human
Resources. If the employee's disagreement is not resolved at this level, the employee may
then meet with the Village Manager as a final step of appeal. The findings of the Village
Manager will be deemed the final resolution and his findings may not be grieved. All final
resolutions, no matter at what level, will be in writing.
For the first and second step of this process, the time frame allotment will be fifteen
(15) days for the appropriate level or response. For the remaining steps the time frame will
be twenty (20) days for the appropriate response. Days are counted as business days,
Monday — Friday.
All goals and objectives given by a supervisor will be realistic, attainable and
discussed with the employee. Goals that are mandated by the department will be supported
or funded by the department.
Sa-fiimouii 49 Sim°gtiivld:eau•, Lilt'illl:ulooeoincilit���
Employees and the Department shall follow the BGFD SOP 101.21 Hours and
13
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Commented [TG7]: Edit 8: The performance evah V
schedule was adlusted to match current timelines and p LLL
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Commented [TG8]: Edit 11: All references to revi: tes
were removed from the agreement to ensure that the ag it
reflects the most current revision. All sops adopted by
reference in the agreement shall be revised through a it of
the Labor Management Committee.
Packet Pg. 186
11.A.d
W1IN1111IrwAl
,Section 5.1 No Smoking.
Employees covered under this Agreement shall restrict their tobacco use in
accordance with state law. commented [Tc9]: Edit 12: Textual edits to cla„f �
supremacy of state law.
ecilf$iiuuim 5.2 tteskimaiiicv.
There will be no residency requirements for employees covered under this
Agreement.
gTfiion 5.1 5 III Ties.
The Village agrees to place the maximum base pay for Lieutenant/Paramedic and
Firefighter/Paramedic at the nearest step one-half percent (1/2%) above the third (3rd)
highest agreed upon comparable community, prior to the Village position being included.
For purposes of determining the salaries of job titles within the bargaining unit, for the
duration of this Agreement longevity pay at 15 years and stipends shall be added to the
"base" salaries of all comparables, as well as those of the Village.
Only the following stipends will be applied in the formula:
1. Firefighter/Paramedic: Firefighter III or Advanced Firefighter, Fire Apparatus
Engineer, Shift Reduction and Paramedic
2. Lieutenant: Paramedic, Shift Reduction and Fire Officer I
Collectively, these components shall determine the base salary for each comparable
community. For the purpose of determining the general wage increase of comparable
communities who have not yet resolved their annual wages by the date of the Buffalo
Grove wage reopener, the average of the actual general wage increase and above
referenced stipends granted by comparable communities shall be calculated and applied
for that time frame.
14
Packet Pg. 187
11.A.d
Salary Schedule — May 1, 2020 to April 30, 2021
Effective: May 1, 2020
A. Firefighter/Paramedic (2.52% Increase):
1. The minimum and entrance salary at Step 272 as delineated in the Village
of Buffalo Grove's Municipal Classification and Pay Plan, or $66,466.40;
and,
2. The maximum salary, exclusive of overtime pay shall be at Step 370 or
$108,3 59.68.
B. Fire Lieutenant/Paramedic (2.01% Increase):
1. The minimum and entrance salary at Step 380 as delineated in the Village
of Buffalo Grove's Municipal Classification and Pay Plan, or
$113,900.80; and,
2. The maximum salary exclusive of overtime pay shall be at Step 401 or
$ l 26,478,56,
C. Fire Lieutenant/Non-Paramedic (2.01% Increase):
1. The minimum and entrance salary at Step 376 as delineated in the Village
of Buffalo Grove's Municipal Classification and Pay Plan, or
$111,652.32; and,
2. The maximum salary exclusive of overtime pay shall be at Step 397 or
$123,980.48.
Sten Plan Illustration — Firefighter/Paramedic —Effective: Mav 1.2020
Starting pay:
$66,466.40 (Step 272)
Pay after first compete year of employment:
$71,273.28 (Step 286)
Pay after second complete year of employment:
$76,425.44 (Step 300)
Pay after third compete year of employment:
$81,954.08 (Step 314)
Pay after fourth complete year of employment:
$87,882.08 (Step 328)
Pay after fifth complete year of employment:
$94,234.40 (Step 342)
Pay after sixth complete year of employment:
$101,052.64 (Step 356)
Pay after seven or more complete years of employment:
$108,359.68 (Step 370)
Fire Lieutenant/Paramedic — Effective: May 1, 2020
Starting pay (newly promoted): $113,900.80 (Step 380)
Pay after first complete year of employment: $120,323.94 (Step 391)
Pay after two or more complete years of employment: $126,478.56 (Step 401)
Q
Fire Lieutenant/Non-Paramedic — Effective: May 1, 2020
Starting pay (newly promoted): $111,652.32 (Step 376)
Pay after first complete year of employment: $117,948.48 (Step 387)
Pay after two or more complete years of employment: $123,980.48 (Step 397) commented [rcio]: edit 13: wages were update,
reflect the Current side letter agreement, which became ve
on May 1. 2020,
15
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11.A.d
geetion 6.2 Wage and Beiuielfit T2eopener•
Unless explicitly provided elsewhere in this Agreement, no other changes
modifications shall be made to this Agreement except that each party has the option to
reopen the Agreement as follows:
A. In the month of March of the second year of this Agreement (2021), either party
may reopen Article VT, Section 6.1— Salaries and Section 6.8 — Health Benefits and
each party may discuss one additional issue to negotiate.
B. hi the month of March of the third year of this Agreement (2022) either party may
reopen Article VI, Section 6.1 — Salaries and each party may discuss one additional
issue to negotiate.
C. The parties agree that nothing herein prohibits the opening of negotiations in 2023
L
for a successor Agreement prior to the expiration of this Agreement on April 30,
2023. ,.
Commented [TG11]: Edit 15: Affirnration that wa V
the period of May 1, 2021 through April 30, 2022 and
2022 through April 30. 2023 will be negotiate{ separat a
��5ed io IIIW 63 �,„ t5 e Ip!!AL"@ee' II,
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wage rcopener. Q
A. Overtime hours shall be non-scheduled hours worked in excess of the work week
N
when worked at the specific direction or with the approval of the immediate
supervisor and shall be paid at one and one-half times the employee's regular
o
straight time hourly rate of pay. An employee's regular straight time hourly rate of
Z9
pay for overtime pay purposes shall be computed as follows: the employee's annual
0
salary shall be divided by 110.6 to determine the rate of pay for one twenty-four
(24) hour shift which in turn, shall be divided by twenty-four (24) to determine the
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employee's regular straight time hourly rate of pay.
B. Overtime shall start seven (7) minutes past the normal shift when an employee is
m
held over because of a call or when another employee reports late for work. In
t)
cases when an employee is held over because of a call after 0822 hours, employees
will be paid one hour minimum overtime for the first hour. In all other instances,
d
>_
overtime will be paid in quarter hour increments based on the seven (7) minute
v
windows. Example: Ox08 hours until Ox22 hours = .25 overtime Ox23 hours until
Ox37 hours = .50 hours overtime Ox38 hours until Ox52 hours = .75 hours overtime
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Ox53 hours until Ox07 hours = 1 hour overtime.
C. Forcebacks for Thanksgiving and Christmas Day shall be paid at two times the
employee's regular straight -time hourly rate of pay.
D. Employees shall be paid one and one-half the employee's regular straight time
hourly rate of pay for regularly scheduled hours of work which are actually worked
in excess of two hundred twelve (212) hours in the employee's normal 28 day work
cycle (or in excess of the applicable hours ceiling under the Fair Labor Standards
Act should the Village designate different FLSA employee work cycles in
accordance with the Fair Labor Standards Act.)
16
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11.A.d
E. Overtime shall also be paid for clinical time required to maintain EMT-P status.
F. Overtime shall be distributed according to SOP 101
Seditllili 6.4 1' aili ling Oveiii-iluilne.
Employees shall be paid at one and one-half times the employee's regular straight
time hourly rate of pay for attending department sponsored school training in compliance
with BGFD SOP 700.02 �nd in the same manner outlined in Section 6.3 Overtime.
Personnel will be paid time -and -one-half for taking required OSFM exams under
the following conditions:
1. Personnel must sign up for the exam within thirty (30) days of the
completion of the course, provided the State exam is not given as part of the
class;
2. Personnel must take the exam within ninety (90) days of the completion of
the course;
3. Personnel will be paid for the maximum amount of time allotted by the State
for completion of the exam, regardless of the actual time it takes the
employee to complete the exam;
4. Payment will only be provided upon proof of passing the exam;
5. Payment will also only be provided for taking the exam once, regardless of
the amount of times required to successfully pass;
6. If personnel do not meet the above listed parameters, no pay will be given
for the exam.
Sediitllili 6,511C
Employees shall be eligible for longevity pay beginning with the fifth anniversary
of their original employment date. Longevity awards will be presented on the employee's
anniversary date according to the following schedule and are subject to deductions:
Years of Service
Award
5 through 9
$400
10 through 14
$600
15 through 19
$800
20 or more
$1,000
17
Commented [TG12]: Edit 16: A reference to the S
dealing with overtime distribution was added.
Commented [TG13]: Edit 17: Textual edit to torte
SOP rcfercncc. V ,J
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11.A.d
mlmxilmmmm ,6 "1'enill Assiil,gnrii en( iilm) MgllPme'r III evel IIllosfthmmm.
When an employee, at the direction of the Village, is assigned to perform the duties
of the position of Acting Lieutenant or Acting Shift Commander that employee will be
compensated at a rate equal to the pay scale of the top pay of their current rank plus 5%.
In situations where Firefighter/Paramedics are assigned to fill in for a Lieutenant
who is performing other duties in the Village, they will be paid Acting Lieutenant pay after
a minimum of three (3) consecutive hours worked in the capacity of Acting Lieutenant in
any twenty-four (24) hour period. This Section shall not apply to callbacks or Special Duty
assignments.
S ecililllii omm lm f. alllll Bat,s.
All General call backs shall be paid at time and one half and for a minimum of one
(1) hour.
"leefiion 6A Ill IC 11111m, 111 el lall Rind ymsk mm IIIlcmttm�i ll's.
The Village shall grant employees covered by this Agreement, except as
specifically and expressly limited by this Agreement, all benefits and provisions including
but not limited to the following: life, health, dental and vision insurance, vacation leave,
special leave and uniform provisions as granted under the Buffalo Grove Personnel Rules
as set forth on June 1, 1984; and changed thereafter.
BENEFITS:
Employees covered under the Agreement shall receive the same health, dental and vision
benefits granted to the Village's non -union employees, including, but not limited to plan
design and premium contribution.
All employees who elect Health Insurance coverage will pay a premium
contribution equal to fifteen percent (15%) of the premium for that class of
coverage.
2. There will not be any financial contribution for participation in the dental
or vision component of the health insurance program.
3. The Village may make reasonable changes to the structure of the plans
without the approval of the bargaining unit. Including, but not limited to
the replacement of the HMO with an EPO or PPO.
18
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11.A.d
All employee premium contributions will automatically be taken out of an employee's
check on a pre-tax basis via Section 125 of the Internal Revenue Code. This means that
employees will not pay taxes on the premium contributions.
Nothing set forth herein shall prohibit the right of the Village to obtain other
hospitalization and major medical benefits or change such benefits under a different
program or with a different insurance company (including self-insurance), provided the
basic level of coverage and benefits are substantially similar. The Village will notify the
employees, in writing, of any changes in the basic level of coverage and/or benefits.
The Village reserves the right to institute cost containment measures regarding
insurance coverage. Such changes may include, but are not limited to mandatory second
opinions for elective surgery, pre -admission and continued admission review, prohibition
of week end admissions except in emergency situations, and mandatory outpatient elective
surgery for certain designated surgical procedures.
Dental Insurance. Employees may elect to participate in any dental insurance
program for themselves and their dependents which the Village of Buffalo Grove has
provided to Village employees generally. The Village shall be responsible for one hundred
percent (100%) of the costs of such dental insurance for both employee and dependent
coverage.
Vision Insurance. Employees may elect to participate in any vision insurance
program for themselves and their dependents which the Village of Buffalo Grove has
provided to Village employees generally. The Village shall be responsible for one hundred
percent (100%) of the costs of such vision insurance for both employee and dependent
coverage.
Life Insurance. Each employee shall receive a group life insurance policy in an
amount equal to the employee's annual salary
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.
ecillloili 6.9 IlJcalmllli,:Ill)eii iUll svlld iiiwkiiiiii Il3eilmeilil 42ivollpcilltau.
The parties agree to meet according to Article VI, Section 6.2 — Wage and Benefit
Reopener to discuss and establish the employee's share of the premium for employee and
dependent health care, dental and vision coverage. Any impasse in negotiations on these
19
Commented [TG14]: Edit tS: Textual edits to ensi
references to life insurance matched the formatting of 1
dental and vision benefits.
Commented [TG15]: Edit 19: References to an ins
health insurance incentive program were removed.
Packet Pg. 192
11.A.d
issues shall be subject to Interest Arbitration under Section 14 of the Illinois Public Labor
Relations Act.
Sem°taioill 6.10 gllpech�slll I) Ws Ilay.
An off duty employee who works special duty — defined as a duty in which the
Village is reimbursed will be compensated at one and one half the rate of pay for hours
based on a forty (40) hour work week.
uo cfiigpn 2 1 1 Attendance ai0: Gii-Ilevaiilice eethi'liigs..
Every effort shall be made to hold grievance meetings and/or arbitration hearings
on shift. However, if any grievance meeting or arbitration hearings are required to be
scheduled during the working hours of any grievant, only the grievant shall be released
from duty to attend such meetings or arbitration hearings, without loss of pay.
ARTICLE, VII
Sediion 7,1 llfam,finiiiciiii s
For the purpose of this contract and BGFD SOP 101.23, the following definitions will be
used:
"Swap" is a situation when the on -duty employee verbally requests coverage by
another employee arriving for duty. The swap is based on a verbal agreement between the
two employees, with the agreement of the station officer. In this situation, no
documentation is required, but the employee currently on duty may not leave the station
earlier than 0800 hours.
"Duty trade" is a situation when the employee currently on duty requests coverage
by another employee arriving for duty. When effected, the station officer must be notified
and approval must be given verbally by the shift commander and documented_. Once these commented [TG16]: Edit 20: The definition ofdu
was clarified to ensure that the shift Connnander most
conditions have been met, the employee requesting the duty trade is considered "off -duty„ approval of duty trades.
and may leave the station. It shall be an acceptable practice for any union member with
acting lieutenant status to duty trade with a union officer as long as two lieutenants are on
duty during the same shift. commented [rc17]: Edit 21: The definition of un
was adjusted to allow additional flexibility to union sw
while maintaining current department practices.
Iiectioit 7.2 1]I110III uidav, s.
Employees shall receive three (3) floating holidays per calendar year, said days to
be scheduled with the specific prior approval of the Fire Chief or his designee.
20
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11.A.d
scheduled shift on anv holidav listed herein will
be paid an additional twelve (12) hours of straight time at their current rate of pay.
Employees may duty trade or take comp time for up to four (4) consecutive hours during
this shift, and still receive holiday pay. However, the pay will be pro -rated based upon
the following formula.
Total Hours Worked During Holiday
24
Recognized holidays:
a. New Year's Day (January 1)
b. Martin Luther King's Day (official recognized)
c. President's Day (official recognized)
d. Memorial Day (official recognized)
e. Independence Day (July 4)
f. Labor Day (official recognized)
g. Thanksgiving Day (official recognized)
h. Day after Thanksgiving Day (official recognized)
i. Christmas Eve (December 24)
i. Christmas Day (December 25)
X 12
Employees may conduct the following duty trades and still receive holiday pay
compensation:
a. Thanksgiving Day for the Day after Thanksgiving
b. Day after Thanksgiving for Thanksgiving Day
c. Christmas Eve for Christmas Day
d. Christmas Day for Christmas
' eelliloin 73 Kiii llv III:)ays.
Employees shall receive eleven (1 1) shift days off per calendar year. These work
reduction days, or Kelly Days, will be assigned to employees by the Fire Chief in order to
facilitate the provisions of the Fair Labor Standards Act.
Reduction of Kelly Days may occur as a result of sick leave, injury leave or any
other long term leave. After each eleven (11) consecutive duty day period, one (1) Kelly
Day will be reduced from the employee's accrual. For the purpose of calculating the
reduction, the use of employees' personal time off during the duration of the leave will not
be counted as part of the Kelly Day reduction process.
Kelly Day accrual for employees during their first and last year of employment will
be prorated based on actual full months worked during that calendar year based on the
eleven (11) day calculation.
21
Commented [TG18]: Edit 22: Textual changes to
clarity to holiday pay calculations and to align the agre
with current practices.
Commented [TG19]: Edit 23: Textual edits were
clarify duty swap procedures on holidays.
Commented [TG20]: Edit 24: A typographical err,
corrected and clarification of Kelly Day periods was ac
Packet Pg. 194
11.A.d
aimxt'lon 7A Sick III cave,,
Abuse of sick leave is a serious matter. The Union shall join the Village in making
a serious effort to monitor and correct the abuse of sick leave wherever and whenever it
may occur. Examples of abuse may include, but are not limited to; calling in sick prior to
or immediately after a scheduled day off (SDO), use of sick time for reasons other than for
its intent, excessive individual sick days in the course of a year, etc.
Employees covered by this Agreement shall be allowed sick leave on the basis of
the following:
a. Employees assigned to shift duty shall earn five (5) twenty four (24) hour
shifts of sick leave with pay credit annually. This is equivalent to eighty
(80) hours annually.
b. Employees assigned to shift duty shall accrue sick leave according to the
following schedule:
after two (2) months of service one (1) shift
after four (4) months of service two (2) shifts
after six (6) months of service three (3) shifts
after nine (9) months of service four (4) shifts
after twelve (12) months of service five (5) shifts
C. Employees may use overtime to purchase sick time hours in lieu of pay or
compensatory time compensation. Sick time hours purchased will be at
the time and one half rate identical to the accrual of compensatory time,
(e.g. working four (4) hours of overtime has a value of six (6) hours of
sick time purchased). Time purchased cannot exceed the maximum
allowable accrued hours contained within the provisions of this document.
d. Sick leave shall be credited in advance to the employee at the beginning of
each calendar year, effective with the second calendar year of
employment.
Sick leave shall not be accrued while on leave of absence without pay.
iecgliimmmm 3.3 V heiirm °l'akefirm.
Sick leave with pay will be granted for absence from duty because of actual
personal illness, non-compensable bodily injury or disease, exposure to contagious disease,
to care for an ill or injured member of the employee's immediate family, or to keep a
doctor's or dentist's appointment. Sick leave shall not be granted in cases where regular
or disability retirement has been approved, or for absence due to injuries resulting from
employment in a position other than that held in the municipal service. Employees injured
in the course of other employment shall be eligible for leave of absence without pay.
For the purposes of this Agreement, immediate family members shall include,
husband, wife, domestic partner as recognized in a legal civil union, son, son-in-law,
22
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11.A.d
daughter, daughter-in-law, foster child, mother, mother-in-law, step mother, father, father-
in-law, step father, brother, brother-in-law, sister, sister-in-law, step children and
grandparents of the employee or his/her spouse.
When an employee fords it necessary to be absent for any of the reasons specified
herein, he shall report the facts to an on -duty supervisor. An employee is required to give
such notification one (1) hour in advance of his scheduled starting time. An employee is
responsible for making a daily report (based on duty day) thereafter for the duration of the
illness or injury. A medical certificate may be required by the department head for any
absence. Failure to comply with the provisions of this Section shall result in denial of sick
leave. Three (3) consecutive duty days of absence without notice may result in dismissal
after a complete investigation of the facts surrounding the absence.
Section 76 Accunud.
Employees assigned to shift duty may accumulate sick leave credit to a maximum
of one hundred thirty (130) twenty four (24) hour shifts. This is equivalent to three thousand
one hundred -twenty (3120) hours.
Sec:ilopili 7 7 kccirtiicd Diu °III Le:ave.
Retiring employees are eligible to establish an employer sponsored Retiree Health
Savings (RHS) Plan. Upon retirement, sick time based on the twenty four (24) hour shift
schedule will be converted to the eighty (80) hour per paycheck schedule. This will be
accomplished by multiplying the total number of hours accrued at the twenty four (24) hour
shift rate by 0.66667. Employees will be eligible to apply their accrued sick leave based
on the following table:
Years of Service and Age at Retirement Percent of three thousand one hundred and
twenty (3120)
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%
23
Commented [TG21]: Edit 25: Textual edits to alig
agreetnent with the petsomel manual and maintain tefl
an annual 2ourehift schedule .;,..
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11.A.d
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 1CMA
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 31`t 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 3Is'), employees will be able to
convert up to one (1) twenty-four (24) hour shift of unused sick days for deposit into their
Plan account; providing that they have completed one year of work with no more than one
day of absence. An unused sick leave balance of seven hundred twenty (720) hours, thirty
24
Commented [TG22]: Edit 26: The date ofthe efre,
lowest hourly rate was shifted to .lanuary 31'° to ensure
alignment with the personnel manual and current pract
Packet Pg. 197
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(30) Shift Days must be maintained in order to convert the shift day for deposit into the
plan account)
Days converted for deposit into the plan account are subtracted from the
employee's accrued sick leave balance. Conversion of the unused sick day shall not be
into vacation leave or paid directly to the employee. The value of the conversion shall be
equal to the employee's daily wage and not limited to the wage assigned to the retirement
funding value calculated above.
Employees who leave the fire department due to disability or death will receive the
value of their accrued sick leave under this plan as part of the RHS benefit.
°6ecollilolill7.81iledlicalll t turIHII�II!aEt^.
A medical certificate required by a department head or designee for the employee
shall consist of a written statement by a qualified medical professional indicating:
A. The employee has been examined by a qualified medical professional during the
period of absence.
B. The symptoms observed or measured by the qualified medical professional.
C. The stated diagnosis and medication and/or treatment prescribed.
D. The dates on which the employee is expected to be physically incapacitated from
work.
Employees who require the use of sick leave for a family member(s) may be
required to provide a medical certificate after the second twenty-four (24) hour shift, or the
sick time totaling the use of forty-eight (48) hours in a rolling calendar year.
A medical certificate required by the Fire Chief or designee for the employee's
family member shall consist of a written statement by a qualified medical professional
indicating:
Employee's name, patient's name, date of appointment, time -in, time-out, qualified
medical professional's name and signature.
Employees will be compensated two (2) hours of pay at straight time. The Village
will reimburse the employee for co-insurance and/or deductibles incurred to meet this
standard, but only applying to office visit charges, or emergency room co -pay if the
department directs the employee to visit an emergency room. To receive such
reimbursement, the employee must provide documentation that itemizes all costs sought
for reimbursement.
Seell1loilm "i 2 llf_tiiiglllit Illau,iily.
An employee who is ill/injured as the result of an occupational acquired
illness/injury may be required to work for an available, temporary light duty assignment.
An employee who is eligible for sick leave may volunteer to work for an available,
temporary light duty assignment. All light duty assignments are made at the sole discretion
25
Commented [TG23]: Edit 27: Texatal edits to alig
agreement with the personnel manual and maintain ref, to
an aimual 24 hour shift schedule.
Commented [TG24]: Edit 28: Adjustments were n
change the required signature on medical certificates fi
doctor's signature to that of a qualified medical proti:ss
reflect the expansion of physician's assistants in the not
field.
Packet Pg. 198
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of the Village. Light duty work shall be determined by the Fire Chief in consultation with
employee and the employee's doctor.
An employee on light duty may be assigned to work in any Village department.
A light duty assignment shall not exceed sixty (60) calendar days and may be
terminated prior to that time limit. The Fire Chief may extend light duty based upon
consultation with the employee, the employee's doctor and, if necessary, a Village assigned
and paid doctor.
Light duty assignments may be terminated based upon a lack of performance in
relation to the assigned job.
uo cgllow iii 7.10 ao alloiiim.
A. Employees covered by the Agreement shall receive vacation leave credit
according to the following schedule:
(1)
1" partial year and last partial year of service: 5/12
multiplied by months worked;
(2)
1 st full calendar year of service:
5 shifts
(3)
2nd full calendar year of service:
6 shifts
(4)
3rd full calendar year of service:
6 shifts
(5)
41" full calendar of service:
7 shifts
(6)
5th full calendar year of service:
7 shifts
(7)
6th-10 full calendar year of service:
8 shifts
(8)
11`-14't' full calendar year of service:
9 shifts
(9)
15`-19' full calendar year of service:
10 shifts
(10)
20' - 24` full calendar year of service:
11 shifts
(11)
25' (and after) full calendar year of service:
12 shifts
B. All other provisions of Vacation Leave are in accordance to the Buffalo
Grove Personnel Rules.
So°m°.laiioiuo 7.1 i llloours and l�hmiiatliiciiiio
The regular hours of duty (tour of duty) for employees shall be twenty-four (24)
consecutive hours of duty, starting at 0800 hours and ending the following day at 0800
hours. The regular tour of duty shall be followed by forty-eight (48) consecutive hours off
duty. Early swaps may be permitted as early as 0700 hours, but the employee currently
on -duty may not leave the station any earlier than 0800 hours. Early swaps shall not be
considered a duty trade and are not eligible for overtime compensation.
Seeflimon 7,12 Coiilnllpeiiii%,Maoii' Hiate.
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Compensatory time off may be taken by employees in accordance with BGFD SOP
101.1
'gym eflloili 7,11; Selecilioilt of 7ellNedimllled Days tl�ff,
Scheduled days off (SDO) will be selected in accordance with BGFD SOP 101.15
SDO Selection.
Sectlon:17.14 Family avil l Medical Leave of Absence ("AMLA")
Unpaid family or medical leave will be granted, when requested and approved, or
designated as such, by the Human Resources Director or his designee, in accordance with
the Family and Medical Leave Act of 1993.
eeflioia &I CirlIevalil�mcm Ill)cfilumiiiliiioiii,
A "grievance" is defined as a dispute or difference of opinion raised by an employee
against the Village involving an alleged violation of an express provision of this
Agreement, except that any dispute or difference of opinion concerning a matter or issue
subject to the jurisdiction of the Buffalo Grove Board of Fire & Police Commissioners,
except as otherwise provided in this Agreement, shall not be considered a grievance under
this Agreement. Such grievance shall be filed by the Union on behalf of the employee.
'fm m°t olilim 8.2 piroccdal III,,(,.
The parties acknowledge that it is usually most desirable for an employee and his
immediate supervisor to resolve problems through free and informal communications. If,
however, the informal process does not resolve the matter, the grievance will be processed
as follows unless, by mutual agreement in writing, the parties waive one or more of the
aforementioned steps:
STEP 1: The Union may submit the grievance of a Firefighter/Paramedic in writing
to the Lieutenant as designated by the Fire Chief, specifically indicating that the
matter is a grievance under this Agreement. The grievance shall contain a complete
statement of the facts, the provision or provisions of this Agreement which are
alleged to have been violated, and the specific relief requested, and the signature of
the grievant and his Union representative. All grievances must be presented no
later than thirty (30) calendar days from when the event was known or reasonably
should have been known giving rise to the grievance.
The Lieutenant shall render a written response to the grievant, with a copy being
simultaneously given to the Fire Chief, within ten (10) calendar days after the
27
Commented [TG25]: Edit 29: All references to re,
dates were removed from the agreement to ensure that
agreement reflects the most current revision. All SOPS
i
by reference in the agreement shall be revised through
meeting of the Labor Management Committee.
Commented [TG26]: Edit 30: Textual edit to com
'
reference.
Commented [TG27]: Edit 31: All references to re,
dates were removed from the agreement to ensure that
agreemen t reflects the most current revision. All SOPS
i
by reference in the agreement shall be revised through
meeting of the Labor Management Committee.
Commented [TG28]: Edit32 Textual edit to cone
++ '
reference
Commented [TG29]: Edit 33: section 7.14 was ad
recognize required federal FMLA benefits.
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grievance is presented. The decision of the Lieutenant shall not be binding on the
Village if the Fire Chief or his designee so advises both the grievant and the Union
within ten (10) calendar days of receipt of the Lieutenant's response.
STEP 2: The Union may submit a grievance of a Fire Lieutenant in writing to the
Battalion Chief as designated by the Fire Chief, specifically indicating that the
matter is a grievance under this Agreement. The grievance shall contain a complete
statement of the facts, the provision or provisions of this Agreement which are
alleged to have been violated, and the specific relief requested, and the signature of
the grievant and his Union representative. All grievances must be presented no
later than ten (10) calendar days from the date of the first occurrence of the matter
giving rise to the grievance.
The Battalion Chief shall render a written response to the grievant, with a copy
being simultaneously given to the Fire Chief, within ten (10) calendar days after
the grievance is presented. The decision of the Battalion Chief shall not be binding
on the Village if the Fire Chief or his designee so advises both the grievant and the
Union within ten (10) calendar days of receipt of the Battalion Chiefs response.
If a grievance of a Firefighter/Paramedic is not settled at Step 1 and the Union
wishes to appeal the grievance to Step 2 of the grievance procedure, it shall be
submitted by the Union in writing to the Battalion Chief as designated by the Chief
with ten (10) calendar days after receipt of the Village's answer in Step 1. The
grievance shall specifically state the basis upon which the Union believes the
grievance was improperly denied at the previous step in the grievance procedure.
The Battalion Chief shall investigate the grievance and, in the course of such
investigation, shall offer to discuss the grievance within ten (10) calendar days with
the grievant and the Union. If no settlement of the grievance is reached, the
Battalion Chief or his designee shall provide a written answer to the grievant and
the Union within ten (10) calendar days following the meeting.
STEP 3: If a grievance is not settled at Step 2 and the Union wishes to appeal the
grievance to Step 3 of the grievance procedure, it shall be submitted by the Union
in writing to the Fire Chief within ten (10) calendar days after receipt of the
Village's answer in Step 2.
The grievance shall specifically state the basis upon which the grievant and the
Union believe the grievance was improperly denied at the previous step in the
grievance procedure. The Fire Chief shall investigate the grievance, and in the
course of such investigation, shall offer to discuss the grievance within ten (10)
28
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calendar days with the grievant and the Union. If no settlement of the grievance is
reached, the Fire Chief or his designee shall provide a written answer to the grievant
and the Union within ten (10) calendar days following their meeting.
STEP 4: If a grievance is not settled at Step 3 and the Union wishes to appeal the
grievance to Step 4 of the grievance procedure, it shall be submitted by the Union
in writing to the Village Manager within ten (10) calendar days after receipt of the
Village's answer in Step 3. The grievance shall specifically state the basis upon
which the grievant and the Union believe the grievance was improperly denied at
the previous step in the grievance procedure. Thereafter, the Village Manager, or
his designee, and other appropriate individuals as desired by the Village Manager,
shall meet with the grievant and a Union representative within eighteen (18)
calendar days of receipt of the Union's appeal. If no agreement is reached, the
Village Manager or his designee shall submit a written answer to the grievant and
the Union within eighteen (18) calendar days following the meeting.
�1'wc'tiion 8.3 < u°UWtiiiafiioiiit.
If a grievance is not settled in Step 4 and the Union wishes to appeal the grievance
from Step 4 of the grievance procedure, the Union may refer the grievance to Arbitration
as described below within twenty-one (21) calendar days of receipt of the Village's answer
as provided to the Union at Step 4:
A. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days
after the receipt of the notice of referral. In the event the parties are unable to agree
upon the arbitrator within said ten (10) day period, the parties shall jointly request
the Federal Mediation and Conciliation Service or the American Arbitration
Association, to submit a panel of seven (7) arbitrators. Each party retains the right
to reject one panel in its entirety and request that a new panel be submitted.
Each party also retains the right to request that the panels submitted for any given
case be limited to members of the National Academy of Arbitrators. Both the
Village and the Union shall have the right to strike three (3) names from the panel.
The party requesting arbitration shall strike the first three (3) names; the other party
shall then strike three (3) names. The person remaining shall be the arbitrator.
B. The arbitrator shall be notified of his selection and shall be requested to set a time
and place for the hearing subject to the availability of Union and Village
representatives.
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C. The Village and the Union shall have the right to request the arbitrator to require
the presence of witness or documents. The Village and the Union retain the right
to employ legal counsel.
D. The arbitrator shall submit his decision in writing within thirty (30) calendar days
following the close of the hearing or the submission of briefs by the parties,
whichever is later.
E. More than one grievance may be submitted to the same arbitrator where both parties
mutually agree in writing.
F. The fees and expenses of the arbitrator and the cost of a written transcript, if any,
shall be divided equally between the Village and the Union; provided, however,
that each party shall be responsible for compensating its own representatives and
witnesses.
yec'Wa oliiiu la 1 111:.,iiimmlhallliit uits Oin .Ctuiiuf Illmo ri y (if rlliuhir kon,
The arbitrator shall have no right to amend, modify, nullify, ignore, add to or
subtract from the provisions of this Agreement. The arbitrator shall consider and decide
only the question of fact as to whether there has been a violation, misinterpretation or
misapplication of the specific provisions of this Agreement. The arbitrator shall be
empowered to determine the issue raised by the grievance as submitted in writing at the
first step (second step in the case of Fire Lieutenants) and shall have no authority to make
a decision on any issue not so submitted or raised. The arbitrator shall be without power
to make any decision or award, which is contrary to or inconsistent with applicable Federal
or State law. Any decision or award of the arbitrator rendered within the limitations of this
Section shall be final and binding upon the Village, Union and the employee(s) covered by
this Agreement.
Secil�iion 18W5'fhnv Hii nub foiii III a111l111iii g.
No grievance shall be entertained or processed unless it is signed by the grievant
and submitted at Step 1 (Step 2 in the case of a Fire Lieutenant) within thirty (30) calendar
days from when the event was known or reasonably should have been known giving rise
to the grievance. If a grievance is not presented by the employee within the time limit set
forth above, it shall be considered waived and may not be further pursued. Such waiver
shall not serve to waive an employee's right to file a future grievance involving similar
facts and circumstances.
If a grievance is not appealed to the next step within the specified time period, or
within an approved, written extension thereof, it shall be considered settled on the basis of
the Village's last answer, provided, however, that such settlement shall not serve to waive
an employee's right to file a future grievance involving similar facts and circumstances. If
the Village does not answer a grievance or an appeal thereof within the specified time
30
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limits, the aggrieved employee may elect to treat the grievance as denied at this step and
immediately appeal the grievance to the next step.
The parties may, by mutual written agreement, extend any of the time limits set
forth in this Article.
Section 8,6 lyliscq°illlansrnus.
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.
"reefiinin qM sitiriiIlllw"
Neither the Union nor any officers, agents or employees covered by this Agreement
will instigate, promote, sponsor, engage in or condone any strike, sympathy strike, slow-
down, sit-down, concerted stoppage of work, concerted refusal to perform overtime,
concerted, abnormal and unimproved enforcement procedures or policies or work to the
rule situation, mass resignations, mass absenteeism, picketing or any other intentional
interruption or disruption of the operations of the Village, regardless of the reason for so
doing. Any or all employees who violate any of the provisions of this Article may be
discharged or otherwise disciplined by the Village.
Each employee who holds a position of officer or steward of the Union occupies a
position of special trust and obligation to notify the employees of their actions as being a
violation of this Article in order to maintain and bring about compliance with the provisions
of this Article. In addition, in the event of a violation of this Section of this Article, the
Union agrees to inform its members of their obligation under this Agreement and to direct
them to return to work.
°ueci ioin 19.2 14o 1,m°Ill oiiiuiil:.
The Village will not lock out any employee during the term of this Agreement as a.
result of a labor dispute with the Union.
yt°efiioliit IIIWiil Illliiisciiilll)111 1111Q aind ]IIIIlIsi"lllms.iir,ge Inuit
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Disciplinary actions instituted by the Village shall be for reasons based upon an
employee's failure to fulfill his responsibilities as an employee. Where the Village believes
just cause exists to institute disciplinary action it shall have the option, consistent with the
principles of timely progressive discipline imposed for the purpose of encouraging
corrective employee action, to assess including but not limited to the following penalties:
Counseling Session
Oral Reprimand
Written Reprimand
Suspension
Demotion
Termination
Any disciplinary action or measure other than a counseling session, oral and written
reprimand imposed upon an employee shall be subject to review and appeal as provided
for in this Agreement. Counseling sessions, oral and written reprimands shall not be subject
to the arbitration procedure or to review by the Board of Police and Fire Commissioners.
Employees shall have the right to file grievances concerning discipline covering suspension
without pay, demotion and/or termination or they may choose the hearing process by the
Board of Fire and Police Commissioners. Filing of a grievance shall act as a waiver by the
employee involved of the right to challenge the same matter before the Board of Fire and
Police Commissioners. A form containing such specific waiver shall be executed by the
employee prior to filing a grievance. Seeking review by the Board of Fire and Police
Commissioners shall act as a waiver by the Union and employee involved of the right to
challenge the same matter in the grievance process.
A. The Village agrees that non -probationary employees shall be disciplined and
discharged only for just cause. A copy of all suspension, demotion and discharge
notices shall be provided to the employee. The Employer further agrees that
disciplinary actions shall be imposed in a timely manner (not to exceed thirty (30)
calendar days from the date of the incident giving rise to the disciplinary action or
from the date of the Employer's completion of its investigation of such incident
whichever is later) and shall not conflict with the "Illinois Fireman's Disciplinary
Act" (III. Rev. Stat ch. 85 Par 2501, et seq.).
B. Any employee found to be unjustly suspended or discharged shall be reinstated with
full compensation for all lost time and with full restoration of all other rights,
benefits and conditions of employment, without prejudice, unless a lesser remedy
is agreed upon as a settlement or deemed proper by the appropriate hearing
authority.
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C. Disciplinary actions, including but not limited to oral, written, and suspension,
recorded in the employee's personnel files shall not be used after twelve (12)
months to justify subsequent disciplinary action, except for a related offense. Non -
meritorious disciplinary actions shall not be relied upon to justify any subsequent
disciplinary action. In the event disciplinary action is contemplated against an
employee, prior to any pre -disciplinary discussions or meetings with the employee,
the employee shall be informed of his/her rights to representation prior to such
meeting. Employees shall be entitled to representation at all disciplinary
investigatory meetings, which the employee attends and are initiated by the
Employer, and at any meeting or interviews which the employee reasonably
believes could result in discipline.
D. The Village shall conduct Rules Violations Investigations (R. V.1.) when it receives
complaints or has reason to believe an employee has failed to fulfill his
responsibilities as an employee.
It is understood that polygraph examinations without written consent of the
employee and tests by means of any chemical substance will not be used by the
Village in any phase of disciplinary investigations or interrogation.
E. Prior to taking any final, disciplinary action and just prior to concluding its
investigation, the Village shall notify the employee of the contemplated measure of
discipline to be imposed, and shall meet with the employee involved and inform
the employee of the reasons for such contemplated disciplinary action. Copies of
all pertinent documents shall be given to the employee at this notification and
review meeting, including:
1. Allegation of violations of Rules and Regulations
2. Statement of charges and specifications
3. Employee statements
4. Acknowledgment of notification and review
5. The discipline recommended
6. Copies of the employees pertinent past discipline.
The employee shall be entitled to representation at such meetings and shall be given
the opportunity to rebut the reasons for such proposed discipline.
F. The Employer's personnel files, disciplinary history files, medical files and
completed inactive investigative files, shall, upon reasonable request to the Chief
or his designee, be open and available for inspection and copying by the effected
employee during regular business hours. With respect to such tiles maintained at
the Department, regular business hours shall encompass 9:00 a.m. to 5:00 p.m. It is
agreed that any of these files not made available for inspection and copying shall
not be used in any manner or forum for any disciplinary action.
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G. Interrogations - Interrogation shall be defined as the questioning of a firefighter
(employee) pursuant to an investigation initiated by the Village in connection with
an alleged violation of the Rules, Regulations or Orders of the Village of Buffalo
Grove or the Fire Department, which may be the basis for filing charges seeking
the suspension, removal or discharge of a firefighter (employee). Whenever a
firefighter is subjected to administrative interrogation for any reason which could
lead to disciplinary action of discharge or suspension of more than twenty-four (24)
hours, the interrogation shall be conducted under the following conditions:
1) The interrogation shall be conducted at a reasonable hour, preferably at a
time when the firefighter is on duty. If the firefighter is off duty, he/she shall
be compensated at the appropriate rate of pay.
2) The firefighter under interrogation shall be informed of the name, rank and
command of the person in charge of the interrogation, the interrogating
officers and all persons present during the interrogation.
3) The firefighter under investigation shall be informed of the nature of the
complaint or investigation in writing prior to any interrogation.
4) The interrogation session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue being investigated.
The person being interrogated shall be allowed to attend to his own personal
physical necessities.
5) No firefighter under interrogation shall be threatened with dismissal or other
disciplinary action. Nothing herein is to be construed as to prohibit the
interrogating officer from informing the firefighter that his or her conduct
can be the subject of disciplinary action should he or she refuse to obey a
lawful order from the ranking officer. Admissions or confessions obtained
during the course of any interrogation not conducted in accordance with the
Fireman's Disciplinary Act may not be utilized in any subsequent
disciplinary proceeding against the firefighter. (P.A. 83-783) No promise of
reward shall be made as an inducement to answering any questions.
6) No firefighter shall be interrogated without first being advised in writing
that admissions made in the course of the interrogation may be used as
evidence of misconduct or as the basis for charges seeking suspension,
removal, or discharge; and without first being advised in writing that he or
she has the right to counsel of his or her choosing who may be present to
advise him or her at any stage of any interrogation.
7) At the request of a firefighter and prior to any interrogation, the firefighter
shall have the right to be represented by counsel of his or her choice, who
may be present at all times during the interrogation. The attorney shall not
participate in the interrogation, except to counsel the firefighter. The
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firefighter may request a postponement of the initial interrogation to contact
an attorney of his or her own choosing. The interrogation may not be
postponed more than twenty-four (24) hours, with allowances made for
weekends and holidays, unless specifically waived by mutual agreement of
the Village and the firefighter being interrogated. A representative of the
employee's choice may also be present during any interrogation. A
complete record of any interrogation shall be made and a complete
transcript or copy made available to the firefighter without charge and
without undue delay. The Village or the firefighter may record the
interrogation.
8) This Section does not apply to any interrogation of a firefighter in the
normal course of duty, counseling, instruction, informal admonishment or
other routine or unplanned contact with a supei visor or any other firefighter.
Any admissions or confessions obtained during the course of any
interrogation not conducted in accordance with this Section may not be
utilized in any subsequent disciplinary proceeding.
H. It is understood that the rights of firefighters herein shall not diminish the right and
privileges of firefighters that are guaranteed to all citizens by the Constitution and
laws of the United States and of the State of Illinois. This Article does not apply to
any firefighter (employee) charged with violating any provision of the Criminal
Code of 1961 [720 ILCS 511-1] or any other federal, state or local code. If the
allegation under investigation indicates the recommendation for separation or
termination is probable against the firefighter, the firefighter shall be given
statutory administrative proceedings rights, or if the allegation indicates criminal
prosecution is probable against the firefighter, the firefighter shall be given the
constitutional rights concerning self-incrimination prior to commencement of the
interrogation.
1. No firefighter shall be compelled to speak or testify before, or be questioned by any
non -governmental agency. This provision shall not apply to reasonable requests
from the Village's insurance carriers provided that the employee is covered by the
insurance policy applicable to the situation.
J. Reviews of decisions of the Board of Police and Fire Commissioners or of an
arbitrator under this section shall be as provided by law, based on the election of
the hearing body selected by the employee.
K. Suspensions shall be charged at a rate based on a fifty-one and two tenths (51.2)
hour work week.
ectiioin 1102 III11euir1oiiir°iiimmnuiice, IIIIIn -.iiii°ovciiinciml III"]Ilaiirui
In situations where an accident, discipline or substandard performance occurs, it is
incumbent upon the Village to work with the employee to identify potential deficiencies
35
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and correct the negative action. In order to accomplish this goal, IBGFD SOP 101.09
Performance Improvement Plan will be referenced and followed.
Commented [TG30]: Edit 34: Correction of SOP i
Commented [TG31]: Edit 35: All references to re,
Nothing in this agreement Shall cause the Village to waiver from adhering to the dates were removed from the agreement to ensure that
Illinois Firemen's Disciplinary Act (50 ILCS 745/�. agreement reflects the most current revision. All SOPS
by reference in the agreement shall be revised through
meeting of the Labor Management Committee.
ARrl'll._;1.➢E XI
' ,Ic1uloui 11.1 Dues CIIIne(.111 01".
The Village shall deduct from each employee's paycheck the uniform, regular bi-
weekly Union dues for each employee in the bargaining unit who has filed with the Village
and Fire Chief a properly executed authorization form. Such authorization may only be
revoked by written notice to the Village and the Union during the thirty (30) days prior to
the termination date set forth in Article XIV of this Agreement. The Union may change
the fixed uniform dollar amount two (2) times per year during the term of this Agreement
by giving the Village at least thirty (30) days advance notice in writing, with a copy to the
Fire Chief, of any change in the amount of dues to be deducted.
The Village shall remit the total amount of the deducted dues, along with a list of
employees from whom the dues have been deducted, to the Union not later than seven (7)
days after the deduction is made.
All'1111C1,I.+.; X1111
svcliimuuw 11112.1. 11 IIIwum�ithiim�um aml" :numumuu°ut �.
Departmental seniority shall be defined as the length of service from the last date
of beginning continuous full-time employment as a sworn Lieutenant or
Firefighter/Paramedic in the Department and uninterrupted by termination of employment.
Rank seniority shall be defined as the length of continuous full-time employment in a
promoted rank uninterrupted by termination of employment. Conflicts of departmental or
rank seniority shall be determined on the basis of the order of the Firefighter/Paramedics
on the Board of Fire and Police Commission hiring or promotional list, whichever is
applicable, with the Firefighter/Paramedic higher on the applicable list being the more
senior. Where the term "seniority" is used in this Agreement, it shall mean departmental
seniority unless otherwise specified.
Sediiloili 1.2.2 [Ieiriiigiid.
All new employees and those rehired after termination of employment shall be
considered probationary employees until they complete a probationary period of twelve
(12) months, in accordance with 65 ILCS 5/10-2.1-4. During an employee's probationary
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period, the employee may be suspended or terminated at the sole discretion of the Village,
subject to whatever legal rights, if any, such employees may have separate and apart from
this Agreement. No grievance shall be presented or entertained in connection with the
suspension or termination of a probationary employee.
In the event of an absence or leave, the probationary period may be extended, if
approved by the Board of Fire and Police Commissioners, for a comparable period of time
(i.e., day for day extensions in the event a probationary employee is absent and/or on leave
for any reason for a total of four (4) weeks or more during the first twelve (12) months of
employment).
°Vecolliioni 12-3 se,1111i111oll°1ty Liist.
On or before September I of each year, the Village will provide the Union with a
seniority list setting forth each employee seniority date. The Village shall not be
responsible for any errors in the seniority list unless such errors are brought to the attention
of the Village in writing within thirty (30) calendar days after the Union's receipt of the
list.
°,gym .^noun 71L1,4III ayoff�
Employees covered by this Agreement will be laid off in accordance with their
length of service as provided in the Illinois Municipal Code, Chapter 65, Section 5/3.10-
2.18 as amended from time to time.
Sec4lon 12,5 IIItscaH,
Employees who are laid off shall be placed on a recall list. If there is a recall,
employees who are still on the recall list shall be recalled in the inverse order of their layoff.
Employees who are on the recall list shall be given up to twenty-one (21) calendar
days to report back to work from date of receipt of the notice of recall, provided that the
employee must notify the Fire Chief or his designee of his intention to return to work within
seven (7) days after receiving notice of recall.
The Village shall be deemed to have fulfilled its obligations by mailing the recall
notice by registered mail, return receipt requested, to the mailing address last provided by
the employee, with a copy to the Union; it being the obligation and responsibility of the
employee to provide the Fire Chief or his designee with this latest mailing address. if an
employee fails to timely respond to a recall notice, his name shall be removed from the
recall list.
Sediliioin 12�„6 "IIII'ernrdnaIion o'1"Seuioril ,,
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Seniority and the employment relationship shall be terminated for all purposes,
subject to confirmation by the Village's Board of Fire and Police Commission, if the
employee:
A. resigns;
B. is discharged;
C. retires (or is retired should the Village adopt and implement a legal mandatory
retirement age);
D. falsifies the reason for a leave of absence, or is found to be working during a leave
of absence without the written approval of the Village Manager;
E. fails to report to work at the conclusion of an authorized leave or vacation;
F. is laid off and fails to notify the Fire Chief or his designee of his intention to return
to work within seven (7) calendar days after receiving notice of recall or fails to
return to work within two (2) working days after the established date for the
employee's return to work:
G. is laid off for a period in excess of two (2) years;
H. does not perform work for the Village for a period in excess of twelve (12) months,
provided however, this provision shall not be applicable to absences due to military
service, established work related injury compensable under workers compensation,
disability pension, or a layoff where the employee has recall rights;
h is absent for one shift day (24 hours) without authorization unless there are proven
extenuating circumstances beyond the employee's control that prevent notification.
"tec4ion 112,7 lll{ ffeciils (ml Lavol'l'�'',
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.
,cctiioIII w I11118Illlilt teur1iruupflolilt ct"seliflitiliriIN) ,
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Seniority shall be interrupted in the event an employee is laid off, placed on a non -
duty disability pension or is granted a leave of absence without pay. When an employee
returns from a layoff, non -duty disability or an unpaid leave of absence, his seniority shall
be his length of service up to the date of layoff or beginning of the unpaid leave of absence.
Seniority shall not be interrupted, and shall continue to accrue, during periods of
time when an employee is receiving workers compensation or disability pension benefits
for a work related injury.
min^uaHon 12�,,9 Ill1urmmmmmmro�fioiiiis Fire III,iicuwlm uimaurml:���
The Board of Fire and Police Commissioners shall provide for promotion in the
Fire Department on the basis of performance on a Written Examination, Ascertained Merit,
Subjective Evaluation (oral, tactical and performance potential rating) and seniority in
service. All promotional processes that are fire service related will be conducted in
accordance with the provisions of the 50 Illinois Compiled Statutes 742/1 et seq. (501LCS
742/1 et seq.)
All examinations for promotion shall be competitive among such eligible members
of the next lower rank as desire to submit themselves for promotion. To be eligible for
examination, an applicant must have satisfactorily completed the probationary period for
his present rank, have been employed as a Firefighter for a minimum of two (2) years with
the Village of Buffalo Grove, and have a cumulative experience of no less than five (5)
years as a full-time firefighter employed directly by a municipal, state or federal agency.
This includes employment for a fire district, but does not include employment through a
private contractor. An applicant for Fire Lieutenant must be certified as a Firefighter III or
Advanced Firefighter by the Office of the State Fire Marshal. In addition, an applicant for
Fire Lieutenant must have satisfactorily completed all academic coursework and required
examinations for certification as a Fire Officer I by the Office of the State Fire Marshal.
All personnel who submit themselves to examination will be graded according to
the following schedule:
Oral Interview 15%
Tactical Assessment 25%
Performance Potential Rating (PPR) 26.5%
Written Exam 25%
Seniority 5%
('/4% (0.25%) per year for a maximum of twenty (20) years.
Seniority based on the date of the orientation as the first component
of testing)
Ascertained Merit 3.5%
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(A.A.S. or A.S. = 2.0%, B.S. or B.A. = 3.5% - maximum combined
score may not exceed 3.5%)
Maximum Grade
For the Oral Interview, Tactical Exam and Written Examination, each applicant for
promotion must be present at the designated testing site at the time designated for the
examination to be held. Any candidate who is not so present will receive a "0" zero for
that section as a score.
The order of testing for each component of the promotional process shall be the
Orientation, Oral Interview, Performance Potential Rating (PPR), Tactical Examination
and the Written Examination.:
Military credit shall be applied as prescribed by Statute 501LCS 742/1 et seq. All
claims for points will be based on the Rules and Regulations of the Board of Fire and Police
Commissioners.
Commented [TG32]: Edit37: The languageregart
Lieutenant promotional process was changed to add an
increased emphasis on Performance Potential Ratings.
Commented [TG33]: Edit 38: The language regan
Lieutenant promotional process was changed to add an
increased emphasis on Performance Potential Ratings.
The Board of Fire and Police Commissioners will contract an independent testing
agency to administer the ,Tactical Examination and the Written Examination. Assessors Commented [TG34]: Edit39: Language was than
. eriC must de reflect that the Written Examination is conducted by at
from said ag
ency y cline participation in the process if within the last seven (7) years independent testing agency.
there exists a meaningful personal or meaningful employment relationship with a candidate
testing for promotion. Mutual Aid, Training or any other special deployment assignments
are not considered to be "Employment Relationships". Fire Department staff or employees
will not be part of the Tactical Exam scoring process and will only function in support roles
as necessary.
Outside monitors will be allowed for the process of promotions governed by this
section of the Agreement, in accordance with the Illinois Fire Department Promotion Act
(501LCS 742).
Employees who participate in the promotional process will have their past two
annual performance evaluations delivered to the Board of Fire and Police Commissioners
with their application to the exam process as a reference document for the Board of Fire
and Police Commissioners without a weighted value for the promotional process. For the
purpose of completing the PPR rating, personnel who have had a shift change in the past
365 days from the date of the beginning of the testing will be allowed to select the most
recent supervisor (Lieutenant), from their most recent previous shift, as the "C" rater within
the procedures of the PPR process as contained in the Rules and Regulations of the Board
of Fire and Police Commissioners.
Participants will be advised of their scores for each individual component of the
promotional process within fifteen (15) days of the completion of that process scoring.
All other procedural rules and regulations covering promotional preference, eligible Commented [TG35]: Edit 40: Duplicative and out
.....
roster, appointment and oath of office, certificate of appointment, probation, right of review language was removed.
and voluntary relinquishment of rank will be followed by the Rules and Regulations of the
Board of Fire and Police Commissioners and/or 50 ILCS 742/1 et seq. Commented [TG36]: Edit41: Duplicative and out
language was removed.
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Sgx(ion t"t,wt1) I111'roinulllioilis IlWfiaflcin Ctui'ie f
The Fire Chief shall provide a process for promotion in the Fire Department to the
rank of Battalion Chief on the basis of performance on an Interview, Assessment Center
(oral, tactical and writing), Performance Potential Rating (PPR), and seniority in service.
All promotional processes that are fire service related will be conducted with both
internal and external fire service evaluators.
The promotional process for Battalion Chief shall begin with the requirement of
qualified candidates completing and returning an "Application for Promotion". This
Application outlines the basic requirements for application for promotion to Battalion
Chief. It additionally addresses the basic educational requirements of the position, should
such promotion to Battalion Chief be attained. Said Application must be delivered to the
Fire Chief or his designee by the date indicated on the application. Failure to deliver said
application will result in immediate disqualification from the current Battalion Chief
promotional process.
All examinations for promotion shall be competitive among such eligible
members of the next lower rank as desire to submit their for promotion. To be eligible
for examination for Battalion Chief, an applicant must have a minimum of one (1) year
experience as a Fire Lieutenant with the Buffalo Grove Fire Department and a Bachelor
Degree.
All personnel who submit themselves to examination will be graded according to
the following schedule:
Ascertained Merit**
3.5%
PPR
10%
Seniority*
6.5%
Oral Interview
30%
Assessment Center
50%
Maximum Grade
100%
* 1/2% per year for a maximum of thirteen (13) years of service as a Lieutenant.
Seniority based on the date of the orientation as the first component of testing.
**2.0% for a Bachelor's Degree; 3.5% for a Master's Degree
For the Oral Interview and Assessment Center, each applicant for promotion must
be present at the designated testing site, and at the time designated for the examination to
be held. Any candidate who is not so present will receive a zero (0) for that section as a
score.
The order of testing for each component of the promotional process shall be:
Application, PPR, Seniority, Oral Interview, and Assessment Center.
41
Commented [TG37]: Edit 42: The language regar<
requirements of the position of Battalion Chicf was the
add a requirement that interested individuals must have
Bachelor Degree in order to test for promotion.
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Military credit shall be applied as prescribed by Illinois Statute 50 ILCS 742/1 et
Sep.
The Fire Chief will form an independent group to conduct the Assessment Center.
Assessors must decline participation in the process if, within the last seven (7) years,
there exists a meaningful personal or meaningful employment relationship with a
candidate testing for promotion. Mutual Aid, Training or any other special deployment
assignments are not considered to be "Employment Relationships". Fire Department
staff or employees will not be part of the Tactical Exam scoring process, and will only
function in support roles if necessary.
There will be no outside monitors for the process of promotions as governed by
this Agreement.
Participants will be advised of their scores for each individual component of the
promotional process within fifteen (15) days of the completion of that process scoring.
The Fire Chief reserves the right to select candidates for the promotion to
Battalion Chief based on the specific job description requirements of the position.
EUNHANOW
13 1 Kiimtmure ,kgreenwiiRL
This Agreement constitutes the complete and entire Agreement between the parties
and concludes collective bargaining between the parties for its term. This Agreement
supersedes and cancels all prior practices and agreements, whether written or oral, unless
expressly stated to the contrary herein.
The Village and the Union, for the duration of this Agreement, each voluntarily and
unqualifiedly, waives the right and each agrees that the other shall not be obligated to
bargain collectively with respect to any subject or matter, referred to or covered in this
Agreement, including the impact of the Village's exercise of its rights as set forth herein
on wages, hours or terms and conditions of employment. This paragraph does not waive
the Union's right to bargain over any subject or matter not referred to or covered in this
Agreement which is a mandatory subject of bargaining and concerning which the Village
may consider changing during the term of this Agreement.
NERNINHUNOM
yr° °lakiiiw 14.1. w viiiiggs, 1 lllatiisc.
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
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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.
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ARTICLE XV
"leclion 15.1 ltturMioiiim of gr eriimeW,
This Agreement shall be effective as of the day after the Agreement is executed by
both parties and shall remain in full force and effect until 11:59 P. M. on the 30th day of
April, 2023,. it shall be automatically renewed from year to year thereafter unless either
party shall notify the other in writing at least ninety (90) days prior to the April 30
anniversary date that it desires to modify this Agreement. In the event that such notice is
given, negotiations shall begin no later than sixty (60) days prior to the April 30 anniversary
date.
Notwithstanding any provision of this Article or Agreement to the contrary, this
Agreement shall remain in full force and effect after the expiration date and until a new
Agreement is reached unless either party gives at least ten (10) days written notice to the
other party of its desire to terminate this Agreement, provided such termination date shall
not be before the anniversary date set forth in the preceding Section.
44
Commented [TG38]: Edit44: Textual edit to refle
agreement timeline.
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This Agreement being approved on November 2, 2020 by the Village of Buffalo Grove
Board of Trustees, executed by the Village Manager and signed by:
For the Village of Buffalo Grove
Dane Bragg
Village Manager
Arthur A. Malinowski, Jr.
Director of Human Resources
William M. Baker
Fire Chief
For the Buffalo Grove Professional Firefighter/Paramedic Association
Local 3177, IAFF, AFL-CIO, CLC
Michael J. Spiro
Union President
Frank Doll
Union Vice President
Alfredo Caballero
Union Secretary
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A:PPENDI:XA.......D RIJG/AI.COIIOL">IES➢'IING
The purpose of this Appendix is to provide forms used by the Village of Buffalo Grove
during the implementation of alcohol and drug testing (herein referred to as "testing") of
Employees for the presence of prohibited substances pursuant to Section 4.7, Drug and
Alcohol Testing Policy (the "Policy"). These procedures are intended as a supervisory
guide only and are in no way intended to alter any existing relationship between Village of
Buffalo Grove Fire Department (the "Employer") and any Employee.
DRUG/ALCOHOL TESTING FORMS
EMPLOYEE NOTIFICATION LETTER
ACKNOWLEDGMENT OF NOTICE OF POLICY & CONSENT TO TESTING
LAST CHANCE AGREEMENT
REPORT OF REASONABLE SUSPICION
NEW HIRE ACKNOWLEDGMENT, RELEASE AND CONSENT
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FORM
Date:
EMPLOYEE NOTIFICATION LETTER
Dear Employee:
The VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT (the "Employer") and the
Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-
CIO, CLC, has ratified a revised drug/alcohol use policy and procedures (the "Policy").
This Policy enhances already existing Employer prohibitions of the use of illicit or
inappropriate drugs (herein referred to as prohibited substances. Specifically, it is the
policy of the Employer that the use, sale, purchase, transfer, possession or presence in one's
system of any prohibited substance (except medications prescribed by a licensed doctor),
including alcohol (unless otherwise pennitted by Fire department rules), by any Employee
while on fire department premises, while engaged in fire department business, while
operating fire department equipment and vehicles (including leased vehicles) is strictly
prohibited. This Policy supersedes all prior policies and statements relating to prohibited
substances. The Employer will notify and cooperate with law enforcement agencies in the
investigation of any Employee suspected of possession of or trafficking in illicit or
inappropriate drugs. Any Employee convicted of on-the-job, possession of or trafficking
in illicit or inappropriate drugs, or of driving intoxicated will be terminated.
Under the procedures adopted, Employees will be subject to testing where the
circumstances establish that reasonable suspicion of prohibited substance use exists.
Employees will also be required to submit to testing following on-the-job accidents or
injuries. Refusal to submit to a properly given request to submit to testing will be
considered a violation of Employer policy subjecting the Employee to immediate
discipline.
In addition, should the federal, state or local rules be revised to include/permit additional
testing or limit such testing, the Employer's policy will be revised to comply with those
rules.
Every safeguard will be taken in the specimen collection process to ensure that all federally
mandated chain -of -custody and laboratory criteria will be met. Employee privacy and
confidentiality will be vigorously safeguarded.
VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT ADHERES TO A POLICY
OF NON-DISCRIMINATION AGAINST EMPLOYEES SUFFERING FROM
ALCOHOLISM OR DRUG ADDICTION IF PROTECTED UNDER FEDERAL AND
STATE GUIDELINES.
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Any Employee who is presently experiencing difficulty with prohibited substances is
encouraged to seek assistance through the Employee Assistance Program. If such
assistance is sought prior to being requested to submit to a test, no disciplinary action
relating to alcoholism or drug addiction will be taken.BE FOREWARNED, courts have
determined that current use of prohibited substances detected by testing may not protect
Employees claiming protection under handicap statutes.
The following drugs will be tested for:
ALCOHOL
AMPHETAMINES
COCAINE
MARIJUANA
OPIATE METABOLITES
PHENCYCLIDINE (PCP)
Any Employee testing positive for the use of prohibited substances may be subject to
discipline, up to and including, termination.
Very truly yours,
Village of Buffalo Grove Fire Department, and the Buffalo Grove Professional
Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC.
By: William M. Baker
Its: Fire Chief
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FORM
ACKNOWLEDGMENT OF NOTICE OF THE
VILLAGE OF BUFFALO GROVE FIRE DEPARTMENT
AND THE BUFFALO GROVE PROFESSIONAL FIREFIGHTER/PARAMEDIC
ASSOCIATION LOCAL 3177, IAFF, AFL-CIO, CLC
DRUG/ALCOHOL USE POLICY AND PROCEDURES
AND CONSENT TO TESTING
I, , acknowledge receiving written notice of the existence of the
Village of Buffalo Grove Fire Department (the `Employer") and the Buffalo Grove
Professional Firefighter/Paramedic Association, Local 3177, IAFF, AFL-CIO, CLC, Drug
and Alcohol Abuse Policy (the "Policy").
As a condition of continued employment or seivice to the Employer, I understand and agree
that I must not use, buy, sell, accept as a gift, experiment with, traffic in or be otherwise
involved with illicit or inappropriate drugs or alcohol (unless otherwise permitted by fire
department rules) while on fire department premises, while engaged in fire department
business, while operating fire department equipment and vehicles (including leased
vehicles).
I understand that the Policy does not apply to medication properly taken as prescribed by
a licensed doctor, except as provided by the Policy.
I further understand and agree that I may be required to submit to testing on four occasions:
I. Where circumstances establish that reasonable suspicion of prohibited
substance use exists, or;
2. Following on-the-job moving vehicle accidents resulting in a death(s), or
injuries that require medical treatment away from the scene of the vehicle
accident, or;
3. Following an on duty injury where the incident may be reported to any state
or federal governmental body (i.e., IDOL, OSHA, etc., not OSFM) or;
4. As a follow-up to prior prohibited conduct.
I understand, further, that refusal to submit to testing when requested to do so by a
supervisor will result in immediate discipline.
My signature below indicates my understanding of this Policy and what is expected of me,
my consent to be tested and my authorization to release to any collection site personnel,
medical review officer or Employer representative the information necessary to comply
with this Policy.
(Date) (Employee Signature)
(Date) (Employer Signature)
FORM
LAST CHANCE AGREEMENT
FOR VIOLATION OF
DRUG/ALCOHOL USE POLICY
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THE BUFFALO GROVE FIRE DEPARTMENT (the "Employer") agreed to your request
to seek counseling and referral to a rehabilitation program for alcohol and drug use. The
following conditions apply to your rehabilitation program:
You must authorize the Employee Assistance Program to provide proof of enrollment in
an alcohol and drug abuse rehabilitation program and proof of attendance at all required
sessions on a monthly basis to the Fire Chief. The Employer will closely monitor your
attendance and will terminate you (cancel your agreement) if you do not regularly attend
all required sessions.
You will pay for all costs of rehabilitation, which are not covered under the Employer's
benefit plan. v
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During the five years following completion of your rehabilitation program, the Employer,
c
under the direction of the Substance Abuse Professional, will test you for alcohol or drug
U
abuse on an unannounced basis, while on duty. The Employer will promptly terminate you
u_
(your services) if you refuse to submit to testing or if you test positive during this five-year
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period
You must meet all established standards of conduct and job performance. The Employer
will terminate you (your services) if your on-the-job conduct or job performance is
unsatisfactory. Satisfactory performance includes ongoing compliance with the drug
testing policy, including testing if there is reasonable suspicion of violation of the
prohibition of use.
Nothing in this agreement alters your employment status. The Employer hopes its
employment relationship with you will be a happy and enduring one. Nevertheless, you
remain free to resign your employment (terminate your agreement) at any time for any or
no reason without notice.
I voluntarily agree to all the above conditions and authorize the Employee Assistance
Program to provide the Fire Chief with proof of my enrollment and attendance at the
recommended rehabilitation program.
(Date) (Employee Signature)
(Date) (Employer Signature)
FORM
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BUFFALO GROVE FIRE DEPARTMENT
REPORT OF REASONABLE SUSPICION
OF THE
DRUG/ALCOHOL USE POLICY
(This form must be completed the same day the Employee is asked to take a test)
I, (Staff Officer), and I, (Lieutenant)
have observed behavior in (Employee)
that is consistent with the guidelines determining the need for reasonable suspicion drug
testing as defined in the Village of Buffalo Grove Fire Department (the "Employer") and
the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, TAFF,
AFL-CIO, CLC, Drug and Alcohol Abuse Policy.
The Employer will adhere to the following guidelines when determining the need for
reasonable suspicion drug testing: (Circle the observed behavior(s).
1. Direct observation of drug use while at work.
2. Direct observation of physical symptoms or manifestations of being in
violation of the Employer's Drug and Alcohol Abuse Policy while at work.
3. Abnormal conduct or erratic behavior while at work or a significant
deterioration in work performance.
4. A report of drug abuse, provided by a reliable and credible known source,
which has been independently corroborated.
5. Evidence that an individual has tampered with a drug test during his/her
employment with the current Employer.
6. Information that an Employee has caused, or contributed to an accident
while at work.
7. Evidence that an Employee has used, possessed, sold, solicited, or
transferred drugs while working or while on this Employer's premises or
while operating this Employer's vehicle, machinery or equipment.
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NOTES:
(Staff Officer
(Lieutenant)
(Fire Chiet)
(Date)
(Date)
(Date)
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FORM
ACKNOWLEDGMENT, RELEASE AND CONSENT
OF THE
BUFFALO GROVE FIRE DEPARTMENT
DRUG/ALCOHOL USE POLICY AND PROCEDURES
I acknowledge that the Village of Buffalo Grove Fire Department (the "Employer") and
the Buffalo Grove Professional Firefighter/Paramedic Association, Local 3177, IAFF,
AFL-CIO, CLC, has a Drug and Alcohol Abuse Policy (the "Policy") and consent to the
following:
As a condition for consideration of my application for employment, I agree to undergo
screening of my urine for illegal drugs. 1 further understand and agree that if employed, as
a condition of my employment, I will be required to submit to testing for the detection of
prohibited substances or alcohol based upon suspicion or following an accident, injury,
spill or returning to work after an absence of 30 days or more.
I consent to be tested and authorize any doctor, laboratory, hospital or medical professional,
retained by BUFFALO GROVE FIRE DEPARTMENT, to release to any collection site
personnel, medical review officer or Employer representative the information necessary to
comply with this Policy. I release the doctors, laboratories and couriers or hospitals retained
by the BUFFALO GROVE FIRE DEPARTMENT, their Employees, agents, contractors and
successors and assigns from any liability whatsoever arising from the request to furnish the
urine, the testing of the urine sample and decisions made concerning continued
employment based upon the results of the analysis.
(Date) (Applicant Signature)
(Date) (Employer Signature)
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1.
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
APPENDI B ...... COMPARA:B F.., (;OMMUNlTIES
Elk Grove Village
Glenview
Gurnee
Highland Park
Hoffman Estates
Morton Grove
Mount Prospect
Mundelein
Niles
Northbrook
Park Ridge
Rolling Meadows
Wheeling
Wilmette
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Action Item : Award of Bid Cold Patch
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
SUMMARY: Staff is recommending an award of bid to the Peter Baker & son in an amount not to exceed
$19,800.00 for FY 2021 with a possible 1 year extension.
ATTACHMENTS:
• Memo Cold Patch 2020 (DOCX)
• Cold Patch Bid Tab (PDF)
Trustee Liaison
Johnson
Monday, November 2, 2020
Staff Contact
Brett Robinson, Finance
Updated: 10/23/2020 2:21 PM
Page 1
Packet Pg. 228
11.B.a
VILLACE OF
IlUFFAL0 G RON,I
MEMORANDUM
DATE: October 29, 2020
TO: Dane Bragg, Village Manager
FROM: Brett Robinson, Purchasing Manager
Mike Reynolds, Public Works Director
SUBJECT: Cold Patch, Joint Bid
Background
IN
The Village led a joint bid for UPM Cold Patch Material for Arlington Heights, Buffalo Grove, Evanston,
Glenview, Glencoe, and Northfield. Two bids were received and opened. The Village has worked with
both bidders in the past and has had positive experiences with both.
Cold Patch cost per Ton Delivered
Buffalo Grove - 150 Tons
150 Tons - Delivered
Recommendation
Arrow Road Construction I Peter Baker & Son Co.
$143.50 1 $132.00
After a review of the two bids received and based upon prior experience with the low bidder, staff is
recommending an award of bid to, Peter Baker & Son, in an amount not to exceed $19,800.00 for FY
2021 with a possible 1 year extension.
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Information Item : Truth in Taxation Determination
........................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................
Recommendation of Action
Staff recommends approval.
The Truth in Taxation Act, (the "Act") Chapter 35, ILCS Section 200/18-55 through 200/18-100 requires
that staff make a determination whether the proposed tax levy for next year exceeds the current year's
levy by five percent. For determination purposes, only corporate, special purpose, and pension levies are
compared. Debt service levies are exempt from the calculation but are required to be disclosed in the
public notice. Abatements are added back to the levies for the comparison. The determination must be
made not less than 20 days prior to the adoption of the FY 2020 levy. The levy will be presented to the
Village Board on December 7, 2020.
The year -over -year truth -in -taxation levy growth (which excludes debt service) is estimated to be 3.15
percent. A public hearing will not be required.
Trustee Liaison
Weidenfeld
Monday, November 2, 2020
Staff Contact
Chris Black, Finance
Updated: 10/29/2020 3:26 PM
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