2008-160
RESOLUTION NO. 2008- 16
•
A RESOLUTION APPROVING THE RE- ACCREDITATION AGREEMENT
BETWEEN THE VILLAGE OF BUFFALO GROVE AND THE ACCREDITATION
COUNCIL OF THE AMERICAN PUBLIC WORKS ASSOCIATION (APWA)
WHEREAS, it is recognized that significant benefits are derived. through
participation in the Public Works accreditation and re- accreditation process as established
by the Accreditation Council of the American Public Works Association (APWA); and,
WHEREAS, a re- accreditation agreement with the Accreditation Council of the
American Public Works Association (APWA) is required in order to continue to fully
participate in the Public Works accreditation and re- accreditation process.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD
OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE
COUNTIES, ILLINOIS, as follows:
Section 1. The Re- Accreditation Agreement between the Village of
Buffalo Grove and the Accreditation Council of the APWA and the American Public
Works Association (APWA) dated May 19, 2008 is hereby approved.
Section 2. A copy of said agreement is attached hereto and made a part
hereof.
AYES: 4 - Berman, Trilling, Rubin, President Hartstein
NAYES: 0 - None
ABSENT: 3 - Braiman, Glover, Kahn
PASSED: May 19 12008
APPROVED: May 19 , 2008
APPROVED:
� All'l"Ierll�;7
Village President
ATTEST:
Imo,' .
Village Clerk
Ci:\P WDIRGRP \Accreditation\res08.doc
1.
RE- ACCREDITATION AGREEMENT
VILLAGE OF WII -ALU Ur%uvl
JUL
- �ti 2008
PW AOMIN
This Agreement is entered into between the Village of Buffalo Grove with principal offices located at 50 Raupp
Boulevard herewith referred to as the "Agency "; the "Accreditation Council of the APWA," herewith referred to as
the "Council "; and the APWA, a non - profit 501(c)(3) corporation, herewith referred to as "APWA."
WITNESSETH
The Agency and the Council, for and in consideration of the mutual covenants set forth in this Agreement and the
compensation to be paid to the APWA, acting as the fiduciary agent for the Council, as hereafter specified,
covenant and agree to be bound by the provisions, terms, and covenants contained herein. WHEREFORE, each
party covenants and agrees as follows:
Section 1. PURPOSE OF THIS AGREEMENT:
Li The purpose of this Agreement is to establish the relationships between, and set the responsibilities of, the
parties of the Agreement (a) by the Council assessing the Agency's compliance with recommended practices
established by the APWA in order for the Council to determine if the Agency is eligible for continued designation
as accredited, and (b) by the Agency's maintaining compliance with those standards by which they were accredited
or re- accredited.
Section 2. AGENCY'S RESPONSIBILITIES:
The Agency agrees to:
2.1 Provide all information, using its best and honest judgment in good faith, requested by the Council.
2.2 Provide all documents, files, records, and other data as required by the Council and APWA so far as the
same may be provided in accordance with laws, regulations, and ordinances of the state, county, locality, or
municipality in which the agency is located.
2.3 Conduct updated self assessments as to continuing compliance with recommended practices, and provide
full and accurate results thereof to the Council using software developed and approved by the Council.
2.4 Present the findings of the self assessment to the Agency's elected body in an open public meeting and
provide evidence of such meeting, including copies of official agendas, information presented, and official meeting
minutes.
2.5 Provide one or more persons to assist the Council representatives, hereafter referred to as the
"Evaluators," in making the necessary inquiries and assessments of agency information relative to compliance with
recommended practices; provide access to files and records; and provide necessary facilities that are requested by
the Evaluators *.
2.6 Respond to all communications from the Council within ten (10) business days from the receipt thereof.
Section 3. COUNCIL'S RESPONSIBILITIES:
The Council agrees to:
3.1 Provide necessary documentation, forms, and instructions regarding the accreditation process.
3.2 Provide Evaluators for the purpose of conducting an on -site assessment of the Agency's compliance with
recommended practices, *
3.3 Promptly analyze compliance data and advise the Agency of the results of the on -site assessment and the
need for additional information, if any. *
Re- Accreditation Agreement
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3.4 Conduct a hearing and certify the Agency as re- accredited if the relevant standards are complied with.
3.5 If the Agency is re- accredited, (a) provide a certificate, and (b) make available indicia of accreditation.
3.6 If the Agency is not re- accredited following an examination of compliance with recommended practices,
provide the Agency with reasons for the Council decision.
*This provision applies only after payment of re- accreditation fees by the agency.
Section 4. TIME PERIOD COVERED BY THIS AGREEMENT:
4.1 This agreement shall take effect when the Agency's Chief Executive Officer, or authorized representative,
and the Executive Director of the APWA, or authorized representative, acting on its behalf, sign the Agreement.
This Agreement shall be effective upon signing by the second party.
4.2 The terms and covenants of this Agreement shall terminate in the following circumstances:
(a) Upon execution of a Re- accreditation Agreement between the Agency and Council: or
(b) Upon expiration of the sixth (6a') month following the effective date of this Agreement unless a
successful on -site assessment if completed within that period of time; or
(c) Upon written notice by the Agency that it withdraws from the re- accreditation process; or
(d) Upon termination pursuant to Section 5.2 or 6.3 hereof; or
(e) Upon expiration or revocation of the Agency's accredited status.
4.3 Council may, at its discretion, upon request by the Agency, extend this Agreement in accordance with
Section 6.3.
Section 5. MODIFICATION:
5.1 There shall be no modifications of this Agreement except in writing, signed by both parties, and executed
with the same formalities as this document.
5.2 The Agency recognizes and acknowledges that it will be necessary for the Council to make reasonable
modifications and amendments to this Agreement and other related documents, including but NOT limited to the
accreditation standards and procedures thereof and hereby agrees to endorse all modifications and amendments
which the Agency deems reasonable. In the event the Agency deems such modifications or amendments
unreasonable, the Council reserves the right to terminate this Agreement after due consideration thereof by giving
notice by registered or certified mail, return receipt requested, that in the event the Agency refuses to accept and
execute such modifications or amendments, then and in such event, this Agreement will be terminated.
Section 6. TIME AND MANNER OF PAYMENTS:
6.1 The Agency shall pay a fee equal to one -half of the Accreditation Fee for initial accreditation that is in
effect at time of execution of this Agreement.
The Agency is responsible for directly or indirectly administering, managing or providing public works
related services in 18 functional areas, more fully described on the Agency's Application for Re- Accreditation,
which is hereby incorporated into this agreement. The Agency will remit to APWA a single payment in the lump -
sum amount for processing of the re- accreditation of $4,700.00.
The total amount of $4,700.00 is herein remitted to the American Public Works Association;
• Re- Accreditation Agreement
3 of 6
6.2 If the Agency is subsequently determined ineligible to apply for participation in the accreditation program,
a full refund of such sum will be paid to the Agency, less a $500 service charge.
6.3 If the Agency requires more than six (6) months to complete a successful on -site assessment, the Agency
agrees to pay a non - refundable annual fee amounting to 25% of the initial accreditation fee in effect on the
effective date of this Accreditation Agreement. This semi - annual fee shall be due and payable six (6) months after
the effective date of this Agreement and every six (6) months thereafter, until a successful on -site assessment has
been achieved or this Agreement has been terminated in accordance with Section 4 supra. Provided that no such
additional fee will be levied where the Council or APWA delays the on -site assessment for their convenience or
where the on -site assessment can not be reasonably scheduled within the original six (6) month period.
6.4 If the Agency's on -site assessment for re- accreditation is not successful (i.e., work after the initial on -site
assessment is required to achieve compliance with recommended practices), the Agency shall prepay estimated
costs, plus a 10% contingency, (based on estimated costs) for a subsequent on -site assessment and/or additional
staff/evaluator assistance required on or off site. The additional work required (on and/or off site) must be
completed within six (6) months. If the projected costs exceed the actual costs, the APWA will promptly return the
excess amount to the Agency.
Section 7. CONFIDENTIALITY:
7.1 The Council shall receive and hold confidential any and all reports, files, records and other data obtained
from the Agency pursuant to this Agreement. The Council shall not disclose, distribute, or release to any person or
organization, except authorized Agency officials, employees or agents, or upon order of any court, state or federal,
any materials or contents thereof, either provided by the Agency or developed by the Council and APWA in the
furtherance of its responsibilities under this Agreement. Notwithstanding anything in this Agreement to the
contrary including the above, the Council is authorized, but not required, in the exercise of its sole discretion, to
conduct an open meeting regarding the Agency's candidacy for accreditation or, its continued compliance with
applicable standards, including but not limited to all factual matters relating to the assessment, appraisal, and
determination of accreditation and all comments which form a basis for the opinion either in favor of or against
accreditation, unless specifically notified by the Agency in writing to the contrary, in which case such meeting
shall be closed to the public. Nothing herein shall be construed to require the Council to conduct all or part of its
meeting in public, including but not limited to the right of the Council, in the exercise of its sole discretion, to
terminate an open meeting at any time and conclude such meeting in a closed session.
7.2 In response to inquiries concerning the Agency, the Council's reply will be to identify the Agency's status.
All other requests for information will be directed to the Agency's Chief Executive Officer.
Section 8. NEWS RELEASES:
8.1 Notwithstanding any provision of this Agreement to the contrary, the Council and APWA shall have the
right to identify the Agency in news releases and its publicity program after the Agency's on -site assessment has
been scheduled; the purpose of said news release and publicity program will be to identify the Agency as seeking
accreditation. Where specific mention of the Agency is used in this regard, a copy of the news release or publicity
material will be provided to the Agency for its information.
8.2 The Agency shall provide Council with a copy of all its news releases or publicity material concerning its
accreditation activities.
8.3 The Council and APWA may release the identity of the Agency to other agencies considering or involved
in either a self assessment or accreditation. The express purpose of releasing the identity is to encourage, promote
and facilitate networking among agencies.
Re- Accreditation Agreement
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Section 9. THE COUNCIL AS AN INDEPENDENT CONTRACTOR:
9.1 In all matters pertaining to this Agreement, the Council shall be acting as an independent contractor, and
neither the Council and APWA nor any officer, employee, or agent of the Council and APWA will be deemed an
employee of the Agency. The selection and designation of the personnel of the Council and APWA in performance
of its responsibilities under this Agreement shall be made by the Council and APWA.
9.2 In all matters pertaining to this Agreement and the relationship between the parties thereto, the Executive
Director of the Council and APWA will act in the name of the Council and APWA.
Section 10. INDEMNIFICATION:
10.1 The Agency shall indemnify and hold harmless the Council and APWA from all claims, demands, suits,
and actions against the Council and APWA as a result of the distribution by the Agency to third persons of any
reports, results of analyses, recommendations, or other communications furnished to it by the Council and APWA.
10.2 The Agency shall indemnify and hold harmless the Council and APWA, its officers, employees, and
agents from any and all liability, loss or damage, which may be suffered or incurred as a result of claims, demands,
suits, or actions arising out of the performance of either party to this Agreement.
10.3 The person signing on behalf of the Agency hereby represents and warrants that he or she has the power
and authority to execute this Agreement and to bind said Agency to all terms and covenants contained herein
including, but not limited to, the provisions of this Section 10.
10.4 Agency will indemnify and hold harmless APWA and the Council from liability, claims, suits, expenses,
including court costs and attorneys' fees, and other obligations arising out of or attributable to APWA's and the
Council's negligence in such accreditation. Agency releases APWA and the Council, and will indemnify them
against and hold them harmless from, any claim or liability of Agency or its employees and agents, for damages for
defamation, libel or slander, arising out of, or attributable to, Agency's Application for Accreditation and/or the
approval, denial, renewal or termination thereof.
Section 11. INTEGRATION:
11.1 This instrument embodies the whole Agreement of the parties. The parties warrant that there are no
promises, terms, conditions, or obligations other than those contained herein. This Agreement shall supersede all
previous communications, representations, or agreements, either verbal or written, between the parties hereto.
Section 12. SEVERABILITY:
12.1 If any provision of this Agreement of the application of such provision to any person or circumstance shall
be held invalid, the remainder of this Agreement and the application of such provisions to persons or
circumstances other than those to which it is held invalid shall not be affected thereby.
Section 13. CHOICE OF LAW:
13.1 This Agreement and the rights of the parties hereunder shall be governed by and interpreted in accordance
with the law of the State of Missouri.
Re- Accreditation Agreement
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Section 14. MAINTAINING THE AGENCY'S ACCREDITATION STATUS:
14.1 When the Agency is awarded accreditation by the Council, the Agency agrees to maintain compliance
with those applicable standards under which accreditation was awarded. After award of accreditation, the Agency
agrees to (a) file bi- annual reports on forms supplied by the Council that testify to its continuing compliance, and
(b) promptly notify the Council when it cannot or does not maintain compliance with recommended practices.
14.2 As regards maintaining the agency's accreditation status, the Agency, and the Council acknowledge and
agree to be bound by the provisions of the Accreditation Process Guide.
14.3 The Agency certifies that its policies, practices, and procedures are in full compliance with applicable
state laws relating to the recommended practice statements contained in the Public Works Management Practices
Manual, Fifth Edition.
Section 15. WARRANTY NOT INTENDED OR IMPLIED:
15.1 It is understood that the Council's award of accreditation or re- accreditation does not constitute a
warranty, express, or implied, of total or continued compliance by the Agency with all recommended
practices of accreditation and, further, that it is not a substitute for the Agency's ongoing and in -depth
monitoring and evaluation of its activities and the quality of its services.
Section 16. WAIVER:
16.1 Any waiver by the Council or any breach of this Agreement by the Agency shall relate only to that
particular breach and shall not amount to a general waiver.
Section 17. NOTICE:
17.1 Any notice between the parties shall be in writing and set postage prepaid, to the addresses as specified in
the preamble of this Agreement or to such other address as either party may specify in writing in accordance with
this section.
Section 18. HEADINGS:
18.1 The heading of this Agreement shall not be deemed part of it and shall not in any way effect its
construction.
Section 19. ESTABLISHMENT OF RECOMMENDED PRACTICES:
19.1 The Agency and Council agree that the Fifth Edition of the Public Works Management Practices Manual
(referred to as the "Manual ",) published in September 2004, shall be the basis for the self assessment conducted by
the Agency, unless otherwise agreed to in writing by the Council.
19.2 The Council's evaluation of the self assessment prepared by the Agency and determination of the
Agency's compliance with recommended practices and thus eligibility for accreditation, shall be based on the
edition of the Manual cited in Section 19.1.
19.3 The Agency agrees to submit results of the self assessment using software developed and approved by the
Accreditation Council for use with the Fifth Edition of the Manual.
Re- Accreditation Agreement
6 of 6
19.4 The Agency has read the following documents and agrees to and accepts them:
(a) Public Works Management Practices Manual, Fifth Edition
(b) Accreditation Process Guidelines
IN WITNESS WHEREOF, the Agency has caused this Agreement to be executed in duplicate on this 19t' day of
ME , 2008.
Witness: By: VV VLF ^^ 00�
William H. Brimm
(Typed name)
Village Manager
(Title)*
Witness: By:
Janet M. Sirabian
(Typed name)
Village Clerk
(Title)*
*Title of the Agency's Chief Executive Officer or Chief Elected Official and title and that of the appropriate civil
authority in the event such signature is required to effect this Agreement. If not required, please so note in this
signature block.
IN WITNESS WHEREOF, the Council has caused this Agreement to be executed by the Executive Director of
the American Public Works Association, acting is behalf.
Witness: By:
Kaye Sullivan
(Typed name)
Deputy Executive Director. COO
(Title, if executed by designee)
G: \PWI)IRGRP\ Accreditation \Re- accreditation_Agreement 08.t f
VILLAGE OF BUFFALO GROVE
ACCREDITATION COUNCIL F7Uj1L
-0�
OF THE
AMERICAN PUBLIC WORKS ASSOCIATIO PWADMIN
CHECKLIST AND APPLICATION FOR
REQUESTING SITE EVALUATION FOR
VOLUNTARY RE- ACCREDITATION
Public Works Management Practices Manual - Fifth Edition
Agency Naine: * Village of Buffalo Grove Public Works Department
*An entire operating division ofa public works agency can apply for accreditation ifit is a separate, semi- autonomous unit of government.
Street Address: 51 Raupp Boulevard
City: Buffalo Grove State: IL Zip: 60089
Mailing Address: same as above
(if different from street address)
City:
State:
Zip:
• Parent Agency's Chief Executive Officer: William H. Brimm
Title: Village Manager Elected - 0 Or Appointed - X
• Public Works Agency's Chief Executive: Greaory P. Bovsen, P.E.
Title: Director of Public Works Elected - 0 Or Appointed - X
Phone: (847) 459 -2547 FAX: ,(847) 537 -5845 E -Mail gboysen@ bg.org
APWA Member? X -- Yes, I.D. Number 2191 0 -- No
APWA Agency Member? X -- Yes, Contact Gregory Bo sti en 0 -- No
• Public Works Agency's Accreditation Manager: Gregory Bovsen
Title: Director of Public Works
APWA Member? X -- Yes, I.D. Number 2191 0 -- No
Phone: (847) 459 -2547 FAX: (847) 537 -5845 E -Mail gbo sen ,vbg erg
The public works agency is responsible for the Functional Areas, which are checked cn the reverse side of this application form. Atotal of Functional Areas
have been checked. The agency is responsible for complying with all recommended practices in the Functional Areas which the public works agency has responsibility.
Each area is covered by a separate chapter in the Public Works Management Practices Manual and forms the basis for fees charged for the accreditation process.
We hereby apply for a site evaluation for voluntary accreditation by the Accreditation Council ofthe American Public Works Association. By this application, the
agency affirms that we are in compliance with all applicable practices, have submitted the findings of the Agency's Self Assessment to the elected governing body, and
are prepared to demonstrate compliance through written documentation. The agency is prepared to provide such documentation and information necessary for the
Council to fairly evaluate the agency's eligibility for accreditation.
Agency will indemnify and hold harmless APWA and the Council from liability, claims, suits, expenses, including court costs and attorneys' fees, and other obligations
arising out of or attributable to, AP W A's and the Council's negligence in such accreditation. Agency releases APWA and the Council, and will indemnify them against
and hold them harmless from, any claim or liability of Agency or its employees and agents, for damages for defamation, libel or slander, arising out of, or attributable
to, Agency's Application for Accreditation and /or the approval, denial, renewal or termination thereof.
The Agency hereby requests that a site evaluation be scheduled upon the determination by the Accreditation Council that the required information has been submitted,
as enumerated in this checklist or subsequent correspondence.
Executed this 19' h day of May , 2008.
By: Title: Director of Public Works
CA R P. Bo se E.
(typ d or printed name)
continued
APPLICABLE FUNCTIONAL AREAS
Which of the following functions does your department administer, manage or provide services -- either directly or through a
contractor or outside vendor? Explain reason for not being responsible for a
particular functional area.
Extension
Extension
Under 10,000
$1,000
'3NC.T>fJ►NTaA (Chapter Nurnber);
First 9 Chapters (Required for all agencies)
YE.::
$2,000
ACI F01NSkQNT
Chapter 1 -9
9
$5,000
$5,000
Planning and Development (10)
X
$7,000
Subtotal Functional Area Fee
Engineering Design (11)
X
$9,000
Bid Process (12)
X
$12,000
Project Management (13)
X
$15,000
Right -of -Way Management (14)
X
Utility Coordination (15)
X
Facilities Management (16)
X
Equipment and Fleet Management (17)
X
Parks, Grounds and Forestry (18)
X
Solid Waste Management (19)
X
These 4 activities are handled through a contract
Solid Waste Collection (20)
X
administered by the Finance Department.
Solid Waste Recycling and Reuse (2 1)
X
Solid Waste Disposal (22)
X
Street Maintenance (23)
X
Street Cleaning (24)
X
Snow Removal and Ice Control (25)
X
Storm Water and Flood Management (26)
X
Vector Control (27)
X
Vector Control is the responsibility of the Health Department.
Potable Water (28)
X
Wastewater Collection and Conveyance (29)
X
Wastewater Treatment and Disposal (30)
X
Traffic Operations (3 1)
X
Parking (32)
X
Cemeteries (33)
X
The Village of Buffalo Grove does not own or operate any
Airports (34)
X
cemeteries, airports, bus or train transit operations.
Transit Operations (35)
X
TOTALS lease enter a number for both Yes and
=
"...:. .
I Re- Accreditation Fee Calculation
Part A: Base Fee b I Age c Population 12000 Census Data
Check
POPULATION
FUNCTIONAL AREAS
Extension
Extension
Under 10,000
$1,000
9
First 9 Chapters (Required for all agencies)
10,001 to 25,000
$2,000
25,001 to 50,000
$5,000
$5,000
$3,600
50,001 to 100,000
$7,000
Subtotal Functional Area Fee
$4,40
100 001 to 300,000 1
$9,000
300 001 to 1,000 000 1
$12,000
More than 1,000,000
$15,000
Subtotal Base Fee
$5 000
Total Fee (add Base Fee and Functional Area Fee) $ 9.400 X 50% = $ 4.700 (amount due)
continued
Functional Areas
FUNCTIONAL AREAS
Extension
9
First 9 Chapters (Required for all agencies)
$800
$800
Each additional chapter
Maximum fee for additional chapters is $4,800)
$200
each
$3,600
Subtotal Functional Area Fee
$4,40
Total Fee (add Base Fee and Functional Area Fee) $ 9.400 X 50% = $ 4.700 (amount due)
continued
:" �' �1VYE�, TN1� ,(t��r�2��►'��c�vi,c�`i��'IQIV
; ::. ,- � ;�?..: _
90 days prior to site visit
Preferred Date of Site Visit
Saturday, July 26 to Tuesday, July 29, 2008
45 days prior to site visit
Copy of Original Re- Accreditation Application
X
Copy of Original Re- Accreditation Agreement
X
Payment of Re- Accreditation Fees (see previous chart)
X
List of agency staff members and their responsibilities relating to
individual practices
X
Written Request for Waivers
X
30 days prior to site visit
Individual Practice Statement Records (iPSR's) divided equally among
five binders (must be in written form, complete and clearly state
Agency's practice)
X
Tracking Software Files Containing IPSR's (must be in standard
format
X
Verification that Outline of Self Assessment/Re- Accreditation
Findings have been conveyed to Elected Governin Body
X
Brief Description of Community and Agency
X
Maps and Guides of Agency's Service Area
X
Maps and Guides of Surrounding Region
X