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2017-3412/4/2017 RESOLUTION NO.2017 - 34 A RESOLUTION APPROVING REVISIONS TO THE VILLAGE PROCUREMENT POLICY WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the llliiiois Constitution of 1970. 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 maintain stewardship over the financial resources that are used to deliver government services, and the approval of the revisions to the Village of Buffalo Grove Procurement Policy will maintain such controls in purchasing. Staff seeks to ensure proper usage and administration of the program through the approval of a Procurement Policy The Village President and Board of Trustees do hereby approve the revised Village of Buffalo Grove Procurement Policy which is attached hereto as Exhibit "A". Section 2. This Resolution shall be in full force and in effect from and after its passage and approval. AYES: 6 — Berman. Stein, Ottenheimer, Weidenfeld, Johnson, Smith NAPES: 0 - None ABSENT: 0 - None ADOPTED: December 4.2017. APPROVED: December 4, 2017. ATTEST: Janet M. Sirabian, Village Clerk Beverly SIV man, Village President 1. G- This policy is intended for use by Village Personnel as a general reference and will be revised as policies and procedures require revisions or clarification. Approved by Village Resolution 2017- 34 on December 4, 2017 Previous Resolution No. 2015- 24 on August 3, 2015 11Page Tableof Contents Village of Buffalo Grove Procurement Policy .................................... 5 Introduction.................................................................................................... 5 ProcurementGuidelines & Summary ............................................................... 6 Responsibilities of Purchasing agents.............................................................. 7 The Purchasing Manager's responsibilities 7 The Village Manager's responsibilities 8 Department and employee responsibilities 9 Volunteers 9 The Purchasing Manager's responsibilities to Vendors 10 The Vendor's responsibilities to Village of Buffalo Grove 10 Payment....................................................................................................... 1f ConflictsofInterest ....................................................................................... if Giftsand Favors............................................................................................ 9' ProcurementMethods................................................................................... 12 Petty Cash 12 Advance Check Request 12 Purchase Orders 12 Blanket Purchase Orders 13 Procurement Card Program 13 SpecialProcurement..................................................................................... 13 Electronic Equipment 13 Electronic Equipment Maintenance 13 Vehicles/Equipment Repair 14 Buildings 14 Maintenance Agreements 14 Environmentally Preferable Purchasing......................................................... 15 2 1 P a g e WrittenContracts.......................................................................................... 16 Multi -Year Contracts 16 InformalPurchases....................................................................................... 17 Informal Buying Requirements— Purchases of $250.00 or Less 17 Informal Quote Requirements — Purchases Between $250.01 to $5000.00 17 Informal Proposal Requirements— Purchases Between $5000.01 to $20,000.00 17 Informal Purchase Exceptions 17 Formal Procurement Requirements............................................................... 18 Competitive Sealed Bids 18 Standard for Awarding Bid 19 Bid/Quote Records 19 Requests for Proposals 20 Exceptions to Bld/Procurement Requirements ............................................... 21 Sole Source Procurement 21 Emergency Procurements 21 Professional Services 21 Fuel Procurement 21 Cooperative Procurement 22 AppendixA................................................................................................... 23 Formal Bid Requirements 23 AppendixB................................................................................................... 29 Competitive Sealed Proposals. 29 AppendixC................................................................................................... 35 Village of Buffalo Grove Public Contract Statements 35 AppendixD................................................................................................... 36 Causes for Debarment 36 3 1 P a g e AppendixE.................................................................................................... 38 Qualified Vendor 38 Automated Clearing House 39 Tax Exempt Letter 40 AppendixF.................................................................................................... 41 Procurement Card Policy 41 AppendixG ................................................................................................... 50 Petty Cash Reimbursement Request 50 AppendixH ................................................................................................... 51 Advance Check Request Form 51 Appendix/..................................................................................................... 52 Prevailing Wage Rider 52 AppendixJ.................................................................................................... 56 Asset Sharing Policy 56 AppendixK ................................................................................................... 58 Change Orders 58 AppendixL.................................................................................................... 60 Vendor Evaluation Form 60 Source material for Appendix A and e: American ear Association The 2000 Model Procurement Code for State and Local Government. 4 1 P a g e Village of Buffalo Grave Procurement Policy This procurement policy is intended for use as a guide to the Village of Buffalo Grove procurement methods. When used properly, the policies will enable the Village to obtain needed materials, equipment, supplies, and services efficiently and economically. While this policy does not answer all questions related to purchasing, it does provide the foundation for a sound procurement policy. This policy is intended for use by the Village's Personnel as a general reference and will be revised as policies and procedures require revisions or clarification. This procurement policy may sometimes hereafter by referred to as "policy" The basic goals of the Village's procurement program are: 1. To comply with the legal requirements of public procurement and purchasing. 2. To assure vendors that impartial and equal treatment is afforded to all who wish to do business with the Village. 3. To receive maximum value for each dollar spent by awarding purchase orders to the lowest responsible bidder, taking into consideration quality, performance, technical support, delivery schedule, past performance and other relevant factors. 4. To provide Village departments the required goods, equipment and services at the time and place needed and in the proper quantity and quality. 5. To promote environmentally safe products and services while taking into consideration factors such as price, performance, availability and safety. 6. To promote good and effective vendor relations, cultivated by informed and fair buying practices and strict maintenance of ethical standards. The purpose of this purchasing policy is to provide the Village of Buffalo Grove staff with guidelines and directions for the acquisition of goods and services. This policy is designed to be a fluid document and will be modified from time to time to conform to changes in legislation, technology and actual practice. The Village Manager, or his/her designee, shall be the final authority with regards to enforcement of any of the provisions of this policy. Failure to follow the procedures outlined in this policy may lead to disciplinary action in accordance with the provisions of the Village of Buffalo Grove Personnel Manual. This policy is not intended to provide third parties with any specific rights when transacting with the Village of Buffalo Grove. All policies and procedures in this Policy are subject to modification by the appropriate Village employees and, therefore, vendors or other third parties shall not be entitled to rely on the contents of this policy. 5 1 P a g e Amount Of Purchase Procurement Method Notification Approval Purchases of $150.00 or less Petty Cash Procedures Supervisor or Supervisor or Designee Designee Credit Card $150.01 to $250.00 Purchases Credit Card Department Department Supervisor or Supervisor or Invoice submitted Designee Designee $250.01 to $2,499.99 Purchases Quotes (verbal, fax, email, written) Department Purchasing Supervisor or Manager 3 Quotes Recommended Designee Purchase Order Procedure $2,500.00 to $5,000 Purchases Quotes (written, faxed or email) Department Finance Director Director or or Purchasing 3 Quotes Required Designee Manager Purchase Order Procedure $5,000.01 to $20,000.00 Purchases Contact the Purchasing Manager Department Village Manager Director or or Designee Quotes (written, faxed or email) Designee 3 Quotes or State Contract/GSA Purchase Order Procedures Purchase Exceeds $20,000.00 Contact the Purchasing Manager Village Village Board Manager or Formal Procurement Process Designee Award by Village Board Ultimate authority to make purchases resides with the Village Board. The PurchasingManager's responsibilities 1. To facilitate the involvement of local vendors in the Village's procurement policy. 2. Impartial judgments in the selection of vendors which are based on product quality, price, warranty, and performance and vendor delivery, service, and performance. 3. Complying with all Village procurement procedures and State Statutes covering procurement and disposal. 4. Maintaining a store of office supplies and helping establish guidelines for maintaining general janitorial maintenance supplies. 5. Determine the most appropriate method of procurement for a given good or service. 6. Preparing formal bid packets and quotation requests. 7. Managing the formal bid process, including advertising for bids, notifying vendors, accepting bid proposals, opening bids, tabulating bids, and serving as the primary resource for questions from vendors. 8. Purchase review and final preparation of all purchase orders. 9. Maintaining adequate procurement records, including a database of vendors established in an accessible vendor file. 10. Upon request, assist departments in locating the best source for supplies, materials, and equipment. 11. Assisting departments in conducting negotiations with vendors concerning prices, bids, terms, deliveries, and adjustments. 12. Maintaining a central file of contracts and related documents including but not limited to certified payroll submissions and associated waivers of lien. 13. Assist departments with the informal bid process. 7 1 P a g e The Village Managers responsibilities 1. Purchase all materials, supplies, equipment, personal services and contracts for which funds are provided in the budget, but no item or personal service which exceeds any budget appropriation may be purchased. 2. For a purchase of more than twenty thousand dollars, with the exception of professional services, the Village Manager should solicit bids and such bids shall be presented to the Corporate Authorities for approval. 3. The Village Manager shall solicit bids for any public improvement which will exceed twenty thousand dollars, which is not to be paid for in whole or in part by a special assessment or special tax. 4. The Village Manager will make recommendations to the Corporate Authorities with respect to all bids. S. The Village Manager may issue rules and regulations governing requisitions and the transaction of the business of the purchasing agent and the heads of departments, officers and employees of the Village. 6. In case of circumstances creating an emergency, the Village Manager may, without prior consent of the Corporate Authorities, award contracts and make purchases for the purpose of meeting the emergency. In such cases the Village Manager will notify the Corporate Authorities as soon as is practicable of all emergency procurements that exceed $20,000 8 1 P a g e Department and employee responsibilities 1. It is the responsibility of each department to requisition goods and services in such away as to allow time for competitive bidding, ordering, and delivery of materials. Exceptions shall be made only on rare occasions, when a true emergency exists. 2. It is the responsibility of the Department director or his designee, in consultation with the Purchasing Manager, to obtain these goods based upon competitive bids and to give consideration to product price, value, quality, performance, and delivery. 3. While the Department director may delegate minor purchases to employees, he/she is still responsible for ensuring such purchases are made according to the provisions of this policy. 4. No Department Director or employee is authorized to make any commitment to any salesperson or firm that will bind the Village in any way. During meetings with salespersons, no employee shall make any indication that he/she will recommend a particular product for purchase. S. It is the responsibility of all Village of Buffalo Grove employees to comply with all rules and regulations set forth herein. As directed by the Village Manager, any employee deliberately violating the policy regarding unauthorized purchases shall be held personally accountable for the purchases. Failure to follow the procedures outlined in the Policy may lead to disciplinary action in accordance with the provisions of the Village of Buffalo Grove Employee Manual. 6. Employees maybe made responsible for the management of certain contracts. It is important for staff to work with the Purchasing Manager to understand their responsibilities in managing contracts including the collection of certificates of insurance, waivers of lien, certified payroll, project closeout documents and completion of the Vendor Evaluation form(Appendix Q. 7. All contracts/agreements must be submitted to the Village Clerk within 10 calendar days of final signatory executing the contract/agreement. 1. Volunteers, Committee, Commission members have no authority to purchase on behalf of the Village nor do they have authority to execute contracts on behalf of the Village. Village employees working with volunteers ("Liasons") shall make purchases for committee/commissions, failure to abide by this rule may be sufficient cause to remove a member from a committee or commission. 9 1 P a g e The PurchasingManager's responsibilities to Vendors 1. Encourage good Village/vendor relations. 2. Encourage businesses located within the Village to participate in the Village's procurement policy, by notifying all known in -Village vendors of opportunities to bid. 3. Conduct business with vendors in a professional manner that promotes honesty and fairness. 4. Accept, and in some cases require, samples from vendors to be used for testing. A fair trial shall be given to all samples and the outcome of the test shall be presented to the vendor, in general terms. 5. Make every effort to be available for appointments during normal business hours on reasonable notice. 6. Arrange interviews between salespersons and department directors as needed. 7. Write all correspondence to salespersons and vendors, except when technical details can be better written by the department. 8. Keep on file vendor information, catalogs, samples, price quotes, etc. to be used by all departments. The Vendors responsibilities to Village of Buffalo Grove 1. Understand the needs of Village of Buffalo Grove and to try to find the right product at the right price, quality, and quantity that benefits the Village as a whole. 2. Conduct themselves in a professional manner: being honest about the supplies, services and products they represent. 3. Honor purchase orders generated as a result of providing price quotes on specified items and quantities. 4. Respond to Bids, Requests for Proposals, and Requests for Qualifications in a professional and ethical fashion. See Appendix D for causes for debarment from bidding. 5. Complete on a biennial basis the Village of Buffalo Grove Qualified Vendor Registration form. (Appendix E) 6. Provide all documents required of them by the Village including but not limited to Village Financial Forms, Waivers of Lien, Insurance documents, Bonds as required and Certified Payroll as required. 101 Page The Village is bound by State Statute (50 ILCS 5O5/1 etseq.) which states that payments are to be made pursuant to the Illinois Local Government Prompt Payment Act. It is important to note that all contracts and agreements with Vendors reflect these particular payment terms. The Village Staff shall not knowingly initiate a purchase order when there is a conflict of interest. All known or suspected conflict of interest situations shall be referred to the Office of the Village Manager. A conflict of interest exists when a Village employee or officer (The Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village) is an officer or director of the supplier, or owns five percent (5%) or more of the supplier of products and or services to the Village of Buffalo Grove. Employees shall not solicit, accept or agree to accept any gift of any kind from any person or business entity doing business or wishing to do business with the Village, except where said gift is expressly permitted by the Illinois State Officials and Employees Ethics Act (5 ILCS 430/1-5). A "gift" means any gratuity, discount, entertainment, hospitality, loan, forbearance, or other tangible or intangible item having monetary value including, but not limited to, cash, food and drink, and honoraria for speaking engagements related to or attributable to government employment or the official position of an employee. Employees shall comply with the Illinois State Officials and Employees Ethics Act at all times. The Purchasing Manager may accept samples from vendors only for the purpose of testing products. U PettyCash Purpose: To reimburse an employee for small incidental purchases. Appropriate use of the Petty Cash: Petty cash funds may be used for small incidental nonrecurring cash purchases that do not exceed $150.00. The use of petty cash should not be considered as a substitute for regular procurement procedures. It is recommended that wherever possible a Village issued credit card/procurement card be used in the place of petty cash. Requests for reimbursement using petty cash must be accompanied by the Petty Cash Form (Appendix F). These forms must be completed and then submitted to the Accounts Payable Clerk. Advance Check Request Purpose: To request a check for payment when an invoice is not issued. Appropriate use of Advance Check Request for Payment: Occasionally, a check is needed when there is no invoice. These occurrences include, but are not limited to: 1. An employee request for reimbursement for out of pocket expense. 2. Vendors requiring payment in advance. 3. Mail in catalog orders requiring pre -payment. When the Advance Check Request form is used, a cash receipt, a written quote, or a copy of the catalog order must be submitted as supporting documentation. For a copy of the Advance Check Request form see Appendix G. Purchase Orders Purpose: To provide a legal document that places an obligation on both the Village and the vendor. When properly endorsed by the Finance Department, the purchase order obligates the Village to purchase the items listed at the prices stated. The vendor is obligated according to the terms and prices stated on the purchase order to deliver the goods or services. The purchase order provides specifications for goods and services ordered and shipping and billing information. Appropriate Use of the Purchase Order: A purchase order shall be used for procurement of any item or service that requires a written order or any purchase of $250.01 or more. Purchase orders are not required for prepaid orders. 12IPage Blanket Purchase Orders Purpose: Blanket purchase orders will be used for repetitive purchases from certain vendors. Appropriate Use of the Blanket Purchase Order: If the Village has entered into contract with a Vendor then a Blanket purchase may be issued for each fiscal year of that contract. Departments should follow standard purchase order procedures. For repetitive purchases, rather than issuing a purchase order for each purchase, one purchase order with a dollar limit is issued for a period of up to twelve months. Procurement Card Program A policy has been designed to establish the procedures to be used with the Village of Buffalo Grove's credit/procurement card program. Refer to Appendix F for the complete policy. Electronic Equipment The IT (Information Technology) Department or the Government Information Technology Consortium (GovITC) will purchase or authorize the purchase of all computers, peripherals, printers, cell phones and all other electronics governed by the Communications and Information Technology Policy. The IT Department or GovITC will then be responsible for communicating to the Office of the Village Manager and requesting a Purchase Order or instructing the department requesting services or equipment to enter the information required to create a Purchase Order. The IT Department or the company contracted by the Village to supply IT services will setup and install equipment in the appropriate departments. Electronic Equipment Maintenance When a copier, large format printer, scanner or multifunction print device requires maintenance, the department should use the contact information located on the device. If you have maintenance or repair need for a cell phone or pager, contact the IT department or the company contracted by the Village to supply IT services. When maintenance or repair is needed for all other electronic equipment, including but not limited to computers, printers, and telephones, the IT department or the company contracted by the Village to supply IT services shall be contacted. The IT department or the company contracted by the Village to supply IT services will either repair, service or make arrangements for outsourcing the repair. 13I Page Vehicles/Equipment Repair The Central Garage is responsible for the maintenance repair and replacement of all Village owned vehicles. Central Garage personnel will determine when repairs can be made at the garage or should be outsourced. Before outsourcing work, the Fleet Manager will notify the applicable Department director with a recommendation of the work to be performed, along with estimates or quotes. Buildings The Public Works Department shall be contacted for Village building repairs and remodeling requests. For Village property the Public Works department will assess the need or problem and recommend the best course of action to correct the problem(s). Repair services for Village buildings or equipment that are not covered by maintenance agreements shall be obtained by the following procedures: 1. Estimates of the repair/improvement work shall be gathered and reviewed before proceeding with the repairs/improvements. As repairs/improvements to public facilities will likely require prevailing wage to be paid, the rider in Appendix 1, should be provided to contractors when requesting quotes. 3. If emergency repairs are needed, Emergency Procurement procedures shall be followed. Maintenance Agreements Departments should follow these guidelines for all maintenance agreements: 1. All maintenance agreements must be reviewed by the Village Attorney. 2. Maintenance agreements shall be considered for any equipment/asset that requires frequent adjustment or repairs. 3. Maintenance agreements are a form of contract. Department Directors are not authorized to sign contracts in excess of $5,000.00 4. Copies of all maintenance agreements will be filed with the Purchasing Manager. 5. Purchase order procedures shall be followed. 14IPage The purchase and use of products and services can have a profound impact on the environment. The Village of Buffalo Grove recognizes the positive impact that it can make on the environment through purchasing decisions that Village staff make. It is the intent of the Village of Buffalo Grove to integrate environmental considerations into the aspects of procurement. Village staff should seek to reduce the environmental damages associated with their purchases by increasing their acquisition of environmentally preferable products and services to the extent feasible, consistent with price, performance, availability, and safety considerations. 15IPage Contracts range from written contracts described in this section to purchase orders incorporating specifications, which are also contracts. The following purchases will require contracts: 1. Supplies, equipment, apparatus, and material requiring an expenditure of more than $ 20,000.00. 2. All maintenance agreements and leases. 3. Construction and repair (including demolition and renovation) projects requiring an expenditure of more than $20,000. 4. Change Orders: Contracts for construction or repair projects can have change orders during the project prior to completion, without going through a new bid process, providing the bidding laws are not evaded. Change orders that exceed 10% of the total contract price must be approved by the Village Board and then should only be approved if it is in the best interests of the Village of Buffalo Grove. Change orders up to $10,000.00 (but less than 10% of total contract price) can be approved by the Village Manager. See Appendix K. for more information. 5. Any work that that can be considered an improvement to public facilities and therefore invokes prevailing wage rates must have a written contract. At a minimum the rider in Appendix I. must be attached to a quote provided for such work and signed by the contractor/vendor performing the work. All contracts that commit the Village to an expenditure of more than $5,000.00 shall be submitted to the Village Manager, Finance Director or Purchasing Manager for approval signature. Contracts at or below $5,000 may be signed by a Department Director after review by the Village Attorney with the contract forwarded to the Purchasing Manager. Contracts that commit the Village to an expenditure of more than $20,000 can only be signed by the Village President or Village Manager. While Illinois law and Village policy mandate when written contracts are required, this does not preclude the use of written contracts at any time. It should also be remembered that the need for a contract might vary according to circumstances and, a written contract may be used whenever it is deemed necessary and advisable by the Purchasing Manager or Village Attorney. Multi -Year Contracts Unless otherwise provided by law, a contract for supplies or services may be entered into for any period of time deemed to be in the best interests of the Village of Buffalo Grove. The term of the contract and conditions of renewal or extension, if any, must be included in the solicitation and funds must be available for the first fiscal period at the time of contracting. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefor. Any procurement not exceeding $20,000.00 may be made in accordance with the following purchase procedures, provided however, that purchases are not artificially divided so as to create an Informal purchase. The splitting of a purchase or contract into two or more purchases for the purpose of avoiding the bidding or quotation process is in violation of State law and Village policy. informal Buying Requirements Purchases of $250.00 or Less The informal buying requirements cover purchases for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $250.00 or less. Pricing may be obtained verbally, or by electronic or written submission. No advertisement is required. The Village of Buffalo Grove standard is to seek three quotes for all purchases that do not qualify for the informal purchase exception rules. If the purchase is for a routine operating good or service, the price comparison needs to be performed at least once each fiscal year. Informal Quote Requirements Purchases Between $250.01 to $5000.00 The informal quote requirements cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $250.01 to $5,000.00. Pricing may be obtained by electronic or written submission. No advertisement is required. The Village of Buffalo Grove standard is to seek three quotes for all purchases that do not qualify for the exception rules. informal Proposal Requirements Purchases Between $5000. 1 to $20,000.00 The informal proposal requirements cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $5,000.01 to $20,000.00. Informal proposals may be obtained by electronic or written submission. No advertisement is required but it is recommended. The Village of Buffalo Grove standard is to seek at least three quotes for all purchases that do not qualify for the exception rules. informal Purchase Exceptions Exceptions to obtaining price quotes from more than one vendor should be limited to the following; 1. There are a variety of numerous items in the order, including but not limited to, maintenance repair and operational (MRO) supplies and office supplies. 2. Specifications are sufficiently detailed, or the item being sought is highly unique and/or specialized. 3. Sole source procurement. Exceptions must be noted with the Purchase Order. 171 Page Procurement involving the expenditure of $20,000.00 or more requires Village Board approval. Exception to this rule is provided for only in the case of emergency and is detailed in the section titled Emergency Procurement. Competitive Sealed Bids The formal bidding requirements cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of more than $20,000.00. Bids should be used where detailed specifications are available and pricing is of the upmost concern. A notice to bidders, "Invitation to Bid" must be advertised locally. The advertisement must include: 1. A general description of the service or supplies sought after by the Village of Buffalo Grove, with details on how to obtain more specific information of those services/supplies. 2, Notification that only sealed bids shall be reviewed. 3. Bonding and Insurance requirements as might be necessary. 4. [date, time and location of bid opening. Bid notices should be mailed/e-mailed to Vendors the week the notice is published. Contract documents should be made available to Vendors. If copies of contract documents are expensive to reproduce, a fee may be required by the Village to create those documents. Pursuant to authority in chapter 2.08 of the Buffalo Grove Municipal Code the Village may utilize Bids obtained through the Illinois Government Joint Purchase Act (301LCS 525/0.01) Bids will be opened at the time and date as advertised on the "Notice to Bidders". Bids received after the time and date specified shall not be accepted. Both Bid Bonds and Bid deposit checks are acceptable methods of providing earnest payment to show good faith in entering into a Contract with the Village of Buffalo Grove. If the low bidder chooses not to enter into a contract with the Village, the Village shall reserve the right to retain those funds. See Appendix A for more information on the Formal Bid Process. The requirement for competitive sealed bids may be waived by a two-thirds vote of the Village Trustees. 18IPage Standard for Awarding Bid The standard for awarding contracts is based on the lowest responsive and responsible bidder, or bidders, taking into consideration quality, performance, and the time specified in the proposals for the performance of the contracts. If a supplier is recommended who has not quoted the lowest price, the reasons for selecting the supplier should be documented. Appendix A. Bid Evaluation and Award, fully details the methods to be used in determing lowest responsive and responsible bidder. Single Bids. When only a single bid or quote is received that fact alone shall not prevent the Village from accepting that bid or quote. Bid/Quote Records The Village must keep a record of all bids/quotes sought, but those records are not subject to public inspection until the contract has been awarded. Requests for Proposals The formal Request for Proposal (RFP) process cover contracts for construction or repair work and contracts for the purchase or lease -purchase of apparatus, supplies, materials, or equipment involving the expenditure of $20,000 or more. An RFP should be used in those occasions where the need for quality or expertise exceeds the concern for pricing. RFP documents will likely include a section detailing what criteria shall be used to make the selection for the vendor to be awarded the contract. A notice to proposers, "Request for Proposal" should be advertised locally. The advertisement should include: (a.) A general description of the service or supplies sought after by the Village of Buffalo Grove, with details on how to obtain more specific information of those services/supplies; (b.) Notification that only sealed proposals shall be reviewed; (c.) Bonding and Insurance requirements as might be necessary; and (d.) Date, time and location Proposals are due. A Request for Proposal should be mailed/e-mailed to potential Proposers the week the notice is published. Contract documents should be made available to Proposers in the office of the person authorized to administer the bid. If copies of contract documents are expensive to reproduce, a fee may be required by the Village to create those documents. Proposals will be opened at the time and date as advertised in the Request for Proposal. Proposals received after the time and date specified shall not be accepted. Both Bid Bonds and Bid deposit checks are acceptable methods of providing earnest payment to show good faith in entering into a Contract with the Village of Buffalo Grove. If the low bidder chooses not to enter into a contract with the Village the Village shall reserve the right to retain those funds. See Appendix B. for more information on the Competitive Sealed Proposal process. The request for Competitive Sealed Proposals is an exception to the bid process. The reasons for selection of this method of procurement and the procedures to be followed are set forth in Appendix B. 20IPage Sole Source Procurement A contract may be awarded for a supply, service, or construction item without competition when, the Finance Director, Purchasing Manager, or a designee of either determines in writing that there is only one source for the required supply, service, or construction item. Purchases made in this fashion in excess of $20,000 must be brought before the Village Board in the form of a request for Bid Waiver. Emergency Procurements Notwithstanding any other provision of this Policy, the Village Manager, Finance Director or Purchasing Manager may make or authorize others to make emergency procurements when there exists a threat to public health, welfare, or safety under emergency conditions; provided that such emergency procurements shall be made with such competition as is practicable under the circumstances. If emergency purchases are needed during business hours, begin Purchase Order procedures immediately and contact the Purchasing Manager for Purchase Order approval. When emergency purchases occur during non business hours, contact the Purchasing Manager immediately the next business day. A written determination of the basis for the emergency and for the selection of the particular contractor shall be included in the contract file. The Village Manager must authorize any emergency procurement for more than $20,000. In such cases the Village Manager will notify the Corporate Authorities as soon as is practicable of all emergency procurements that exceed $20,000. Professional Services Professional services including but not limited to Accounting, Auditing, Financial, Recruitment, Employment, Procurement, Information Technology, Legal, Land Survey, Architectural and Engineering services, are generally procured through a Request for Qualifications followed by or in conjunction with a Request for Proposals. The Village Manager has authority to award the contract based upon quality, performance, and the time specified in the proposals for the performance of the contracts. Fuel Procurement Due to the speculative nature of fuel purchases and an ever increasing volatile market, the Village Manager working in coordination with the Fleet Manager has been authorized by Section 2.08.040 of the Village of Buffalo Grove Municipal Code to make purchases in excess of the bid limit in order to secure fuel at the best possible price for the Village of Buffalo Grove. 211 Page Cooperative Procurement In some cases the Village has an opportunity to purchase through a joint procurement agency. Joint Procurement cooperatives can save the Village of Buffalo Grove money through collective buying power. It may also be the case that other agencies have gone through the Bid process for items or services the Village now seeks. In those cases the Finance Department may recommend that the Village Board "Accept P Party* Bids for and purchase using a joint procurement agency bid'. The Illinois State Intergovernmental Cooperation Act (5 ILCS 220) allows for cooperative procurement. * 3rd Party includes but is not limited to; the State of Illinois Central Management Services, United States General Services Administration, Northwest Municipal Conference and the North Suburban Municipal Partnering Initiative, National Joint Powers Association, and Houston Galveston Area Compact. Pursuant to authority in chapter 2.08 of the Buffalo Grove Municipal Code the Village may utilize Bids obtained through the Illinois Government Joint Purchase Act (30 ILCS 525/0.01) Asset Sharing Policy A subset of Cooperative Procurement is Asset Sharing. The Village of Buffalo Grove is committed to providing safe, efficient and effective services to the Residents of Buffalo Grove and other external stakeholder groups through the sharing of assets where appropriate and practical. It is the policy of the Village of Buffalo Grove to ensure that certain criteria are evaluated when making capital asset purchases. The administrative guidelines outlined in Appendix J. apply to all situations where the sharing of assets could be of mutual benefit to those involved and reduce the overall lifecycle cost of the asset. This Policy shall apply to all departments of the Village and include such things as vehicles, equipment, trailers, and tools. The purpose of the Asset Sharing Policy("Policy") is to provide the Village of Buffalo Grove staff with guidelines and directions for acquiring assets that can be shared. The benefit to all parties is a more effective use of resources, enhanced inter -governmental cooperation, and more efficient use of taxpayer dollars through cost sharing. The Policy is designed to be a fluid document and will be modified from time to time to conform to changes in law, technology and actual practice. UM Formal Bid Requirements The Invitation for Bids. The Invitation for Bids is used to initiate competitive sealed bid procurement. The Invitation for Bids shall include the following: 1. instructions and information to bidders concerning the bid submission requirements, including the time and date set for receipt of bids, the address of the office to which bids are to be delivered, the maximum time for bid acceptance by the Village of Buffalo Grove, and any other special information; 2. the purchase description, evaluation factors, delivery or performance schedule, and such inspection and acceptance requirements as are not included in the purchase description; and 3. the contract terms and conditions, including warranty and bonding or other security requirements, as applicable. Incorporation by Reference. The Invitation for Bids may incorporate documents by reference. Acknowledgement of Addendums. The Invitation for Bids shall require the acknowledgement of the receipt of all Addendums issued. Bidding Time. Bidding time is the period of time between the date of publication of the Invitation for Bids and the time and date set for receipt of bids. In each case bidding time will be set to provide bidders a reasonable time to prepare their bids. A minimum of 10 calendar days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Manager. Bidder Submissions. Bid Form. The Invitation for Bids shall provide a form which shall include space in which the bid price shall be inserted and which the bidder shall sign and submit along with all other necessary submissions. Bid Samples and Descriptive Literature. 1. "Descriptive literature" means information available in the ordinary course of business which shows the characteristics, construction, or operation of an item which enables the Village of Buffalo Grove to consider whether the item meets the Village's needs. 2. "Bid sample" means a sample to be furnished by a bidder to show the characteristics of the item offered in the bid. 3. Bid samples or descriptive literature may be required when it is necessary to evaluate required characteristics of the items bid. 4. The Invitation for Bids shall state that bid samples or descriptive literature should not be submitted unless expressly requested and that, regardless of any attempt by a bidder to condition the bid, unsolicited bid samples or descriptive literature which are submitted at the bidder's risk will not be examined or tested, and will not be deemed to vary any of the provisions of the Invitation for Bids. 23jPage Public Notice. Distribution. Invitations for Bids or Notices of the Availability of Invitations for Bids shall be mailed or otherwise furnished to a sufficient number of potential bidders for the purpose of securing competition. Invitations to Bid shall indicate where, when, and for how long Bid and Contract documents may be obtained; generally describe the supply, service, or construction desired; and may contain other appropriate information. Where appropriate the Purchasing Manager may require payment of a fee or a deposit for the supplying of the Invitation for Bids. Publication. Every procurement in excess of $20,000 shall be publicized in one or more of the following ways: 1. in a newspaper of general circulation; 2. in a newspaper of local circulation in the area pertinent to the procurement; 1 in industry media; 4. through electronic mailing lists, . through the internet, agency web site, or other publicly accessible electronic media, or 6. in a government publication designed for giving public notice. Public Availability. A copy of the Invitation for Bids shall be made available for public inspection at the Purchasing Manager's office or the Village Clerk's office. Bidders Lists Purpose. Bidders lists may be compiled to provide the Village of Buffalo Grove with the names of businesses that may be interested in competing for various types of the Village of Buffalo Grove contracts. Unless otherwise provided, inclusion or exclusion of the name of a business does not indicate whether the business is responsible in respect to a particular procurement or otherwise capable of successfully performing a Village of Buffalo Grove contract. Public Availability. Names and addresses on bidders lists shall be available for public inspection, unless an exemption to the Illinois Freedom of Information Act applies. Pre -Bid Conferences. Pre -bid conferences may be conducted to explain the procurement requirements. The conference should be held long enough after the Invitation for Bids has been issued to allow bidders to become familiar with it, but sufficiently before bid opening to allow consideration of the conference results in preparing their bids. Nothing stated at the pre -bid conference shall modify the Bid document unless a change is made by written addendum. 241Page Addendums to Bids. Form. Addendums to Bid documents shall be identified as such and shall require that the bidder acknowledge receipt of all Addendums issued. The amendment shall reference the portions of the Bid it amends. Distribution. Addendums shall be published on the Village website and whenever practical sent to all prospective bidders known to have received a Bid. Timeliness. Addendums shall be distributed within a reasonable time to allow prospective bidders to consider them in preparing their bids. If the time and date set for receipt of bids will not permit such preparation, such time shall be increased to the extent possible in the addendum or, if necessary, by e- mail and confirmed in the addendum. Pre -Opening Modification or Withdrawal of Bids. Procedure. Bids may be modified or withdrawn by written notice received in the office designated in the Invitation for Bids prior to the time and date set for bid opening. An electronic modification or withdrawal received from the bidder or, as applicable, the receiving prior to the time and date set for bid opening will be effective provided that there is objective evidence, in electronic form or from the receiving company, confirming that the message was received prior to the time and date set for bid opening. Disposition of Bid Security. If a bid is withdrawn in accordance with this Section, the bid security, if any, shall be returned to the bidder. Records. All documents relating to the modification or withdrawal of bids shall be made a part of the appropriate procurement file. Late Bids, Late Withdrawals, and Late Modifications. Any bid received after the time and date set for receipt of bids is late. Any withdrawal or modification of a bid received after the time and date set for opening of bids at the place designated for opening is late. Notice. Bidders submitting late bids will not be considered for award and shall be so notified as soon as practicable. Records. Records equivalent to those required in the Section titled "Pre -Opening Modification or Withdrawal of Bids", shall be made and kept for each late bid, late modification, or late withdrawal. 251Page Receipt, Opening, and Recording of Bids. Receipt. Upon its receipt, each bid and modification shall be time -stamped but not opened and shall be stored in a secure place until the time and date set for bid opening. Bids submitted through electronic means shall be received in such a manner that the time and date of submittal, along with the contents of such bids shall be securely stored until the time and date set for bid opening. Opening and Recording. Bids and modifications shall be opened publicly, in the presence of one or more witnesses, at the time, date, and place designated in the Invitation for Bids. The name of each bidder, the bid price, and such other information as is deemed appropriate by the Purchasing Manager, shall be read aloud or otherwise made available. Such information also shall be recorded at the time of bid opening; that is, the bids shall be tabulated or a bid abstract made. The names and addresses of witnesses shall also be recorded at the opening. The opened bids shall be available, after award of bid has been made, for public inspection except to the extent the bidder designates trade secrets or other proprietary data to be confidential as set forth in the Subsection titled "Confidential Data" of this Section, or as otherwise provided by law. Information marked Confidential shall be readily separable from the bid in order to facilitate public inspection of the non -confidential portion of the bid. Confidential Data. The Purchasing Manager shall examine the bids to determine the validity of any requests for nondisclosure of trade secrets and other proprietary data identified in writing. If the parties do not agree as to the disclosure of data, the Purchasing Manager shall inform the bidders in writing what portions of the bids will be disclosed and that, the bids will be disclosed. The bids shall be open to public inspection subject to any continuing prohibition on the disclosure of confidential data unless subject to an exemption under applicable law. Proposals and bids are exempt from disclosure until an award or final selection is made pursuant to 5 ILCS 140/7(1)(h). (This shall be understood to include bid information on projects that will be re -bid) Bid Evaluation and Award The standard for awarding contracts is based on the lowest responsive and responsible bidder, or bidders, taking into consideration quality, performance, and the time specified in the proposals for the performance of the contracts. If a supplier is recommended who has not quoted the lowest price, the reasons for selecting the supplier should be documented. Product Acceptability. The Invitation for Bids shall set forth any evaluation criterion to be used in determining product acceptability. It may require the submission of bid samples, descriptive literature, technical data, or other material. It may also provide for accomplishing any of the following prior to award: (a) inspection or testing of a product prior to award for such characteristics as quality or workmanship; (b) examination of such elements as appearance, finish, taste, or feel; or (c) other examinations to determine whether it conforms with any other purchase description requirements. 261 Page The acceptability evaluation is not conducted for the purpose of determining whether one bidder's item is superior to another but only to determine that a bidder's offering is acceptable as set forth in the Invitation for Bids. Any bidder's offering which does not meet the acceptability requirements shall be rejected as nonresponsive. Determination of Lowest Bidder. Following determination of product acceptability, if any is required, bids will be evaluated to determine which bidder offers the lowest cost to the Village of Buffalo Grove in accordance with the evaluation criteria set forth in the Invitation for Bids. Only objectively measurable criteria which are set forth in the Invitation for Bids shall be applied in determining the lowest bidder. Examples of such criteria include, but are not limited to, transportation cost, and ownership or life cycle cost formulas. Evaluation factors need not be precise predictors of actual future costs, but to the extent possible such evaluation factors shall: (a) be reasonable estimates based upon information the Village of Buffalo Grove has available concerning future use; and (b) treat all bids equitably. Responsive and Responsible Bidder. In an effort to determine a "Responsive and/or Responsible' Bidder the Village will take in consideration responses from references provided by Bidders as well as information as might be solicited from other local municipalities or governmental agencies, in addition, the following shall be considered when determining whether the bidder is responsive and responsible: (a) The ability, capacity and skill of the bidder to perform the contract and to provide the service required; (b) Whether the bidder can perform the contract or provide the service promptly, or within the time specified, without delay or interference; (c) The character, integrity, reputation, judgment, experience and efficiency of the bidder; (d) The quality of the performance of previous contracts or services; (a) The previous and existing compliance by the bidder with laws and ordinances relating to the contract and service; (f) The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service; (g) The quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) The ability of the bidder to provide future maintenance and service for the use of the subject of the contract; and (i) The number and scope of conditions attached to the bid. Restrictions. Nothing in this Section shall be deemed to permit contract award to a bidder submitting a higher quality item than that designated in the Invitation for Bids if such bidder is not also the lowest bidder. Further, this Section does not permit negotiations with any bidder. 27IPage Bid Rejection and Re -bid. The Purchasing Manager has the authority to reject all bids and re -bid for the selected goods and services. Upon review of submitted bids, if the Purchasing Manager determines that the bids submitted were inconsistent, an insufficient number of bids were received, or there were substantial errors/omissions in the bid documents/specifications, the Purchasing Manager will notify all bidders and either proceed to re -bid the project or reevaluate the selected procurement method. Low Tie Bids. Definition. Low tie bids are low responsive bids from responsible bidders that are identical in price and which meet all the requirements and criteria set forth in the Invitation for Bids. Award. Awards shall not be made by drawing lots, or by dividing business among identical bidders. The Purchasing Manager shall bring before the Village Board a request to reject all Bids and negotiate with the Low Tie Bidders. Records shall be made of all Invitations for Bids on which tie bids are received showing at least the following information: (a) the identification number of the Invitation for Bids; (b) the supply, service, or construction item; and (c) a listing of all the bidders and the prices submitted. A copy of each such record shall be sent to the Village Clerk's Office Documentation ofAward Following award, a record showing the successful bidder shall be made a part of the procurement file. 28IPage Competitive Sealed proposals. Conditions for Use. (a) A contract may be entered into by competitive sealed proposals when the Purchasing Manager, Village Manager, the Finance Director, or a designee of any of the foregoing above determines that the use of competitive sealed bidding is either not practicable or not advantageous to the Village of Buffalo G rove. (b) Contracts for the design -build, design -build -operate -maintain, or design -build -finance -operate - maintain project delivery methods shall be entered into by competitive sealed proposals. Request fear Proposals. Proposals shall be solicited through a Request for Proposals. Public Notice. Adequate public notice of the Request for Proposals shall be given in the same manner as provided in Formal Bid Requirements, Public Notice section of Appendix A. Receipt of Proposals. Proposals shall be opened so as to avoid disclosure of contents to competing proposers during the process of negotiation. A Register of Proposals shall be prepared and shall be open for public inspection after contract award. Evaluation Factors. The Request for Proposals shall state the relative importance of price and other factors and subfactors, if any. Discussion with Responsible Proposers and Revisions to Proposals. As provided in the Request for Proposals, discussions may be conducted with responsible proposers who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of clarification to assure full understanding of, and responsiveness to, the solicitation requirements. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussion and revision of proposals, and such revisions may be permitted after submissions and prior to award for the purpose of obtaining best and final offers. In conducting discussions, there should be no disclosure of any information derived from proposals submitted by competing proposers. Award. Award shall be made to the responsive and responsible proposer whose proposal conforms to the solicitation and is determined in writing to be the most advantageous to the Village of Buffalo Grove taking into consideration price, reference responses and the evaluation factors set forth in the Request for Proposals and any related Addendums. Debriefings. The Purchasing Manager is authorized to provide debriefings that furnish the basis for the source selection decision and contract award. 29IPage When Competitive Sealed Bidding is Not Practicable. Competitive sealed bidding is not practicable unless the nature of the procurement permits award to a low bidder who agrees by its bid to perform without condition or reservation in accordance with the purchase description, delivery or performance schedule, and all other terms and conditions of the Invitation for Bids. Factors to be considered in determining whether competitive sealed bidding is not practicable include: (a) whether the contract needs to be other than a fixed -price type; (b) whether oral or written discussions may need to be conducted with proposers concerning technical and price aspects of their proposals; (c) whether proposers may need to be afforded the opportunity to revise their proposals, including price; (d) whether award may need to be based upon a comparative evaluation as stated in the Request for Proposals of differing price, quality, and contractual factors in order to determine the most advantageous offering to the Village of Buffalo Grove. Quality factors include technical and performance capability and the content of the technical proposal; and (e) whether the primary consideration in determining award may not be price. When Competitive Sealed Bidding is Not Advantageous. A determination may be made to use competitive sealed proposals if it is determined that it is not advantageous to the Village of Buffalo Grove, even though practicable, to use competitive sealed bidding. Factors to be considered in determining whether competitive sealed bidding is not advantageous include: (a) if prior procurements indicate that competitive sealed proposals may result in more beneficial contracts for the Village of Buffalo Grove; and (b) whether the factors are desirable in conducting a procurement rather than necessary; if they are, then such factors may be used to support a determination that competitive sealed bidding is not advantageous. Determinations. The Village Manager, Finance Director, or Purchasing Manager may make determinations by category of supply, service, infrastructure facility, or construction item that it is either not practicable or not advantageous to the Village of Buffalo Grove to procure specified types of supplies, services, or construction by competitive sealed bidding. Procurements of the specified types of supplies, services, or construction may then be made by competitive sealed proposals based upon such determination. The officer who made such determination may modify or revoke it at any time, and such determination should be reviewed for current applicability from time to time. 301Page Content of the Requestfor Proposals, The Request for Proposals shall be prepared in accordance with the Invitation for Bids section in Appendix A of this policy provided that it shall also include: (a) a statement that discussions may be conducted with proposers who submit proposals determined to be reasonably susceptible of being selected for award, but that proposals may be accepted without such discussions; and (b) a statement of when and how price should be submitted. (c) a listing of the criteria by which staff will make a selection and recommendation to the Village Board may also be included. Proposal Preparation Time. Proposal preparation time shall be set to provide proposers a reasonable time to prepare their proposals. A minimum of 10 days shall be provided unless a shorter time is deemed necessary for a particular procurement as determined in writing by the Purchasing Manager. Form of Proposal, The manner in which proposals are to be submitted, including any forms for that purpose, may be designated as a part of the Request for Proposals. Public notice shall be given by distributing the Request for Proposals in the same manner provided for distributing an Invitation for Bids Use of Bidders Lists. Bidders lists compiled and maintained in accordance with the Bidders Lists section of Appendix A. of this policy may serve as a basis for soliciting competitive sealed proposals. Pre -Proposal Conferences. Pre -proposal conferences may be conducted in accordance with the Pre -Bid Conferences section of Appendix A. Any such conference should be held prior to submission of initial proposals. Addendums to Requestsfor Proposals. Addendums to Requests for Proposals may be made in accordance with the Addendums to Invitations for Bids section of Appendix A. prior to submission of proposals. Modification or Withdrawal of proposals. Proposals may be modified or withdrawn prior to the established due date in accordance with Section the Pre -Opening Modification or Withdrawal of Bids section of Appendix A. For the purposes of this Section and the Late Proposals, Late Withdrawals, and Late Modifications section of this Appendix B. the established due date is either the time and date announced for receipt of proposals or receipt of modifications to proposals, if any; or if discussions have begun, it is the time and date by which best and final offers must be submitted, provided that only proposers who submitted proposals by the time announced for receipt of proposals may submit best and final offers. 31IPage Late Proposals, Late Withdrawals, and Late Modifications. Any proposal, withdrawal, or modification received after the established due date at the place designated for receipt of proposals is late. Late Proposals may only be considered in accordance with the Late Bids, Late Withdrawals, and Late Modifications section of Appendix A. of this Policy Receipt and Registration of Proposals, Proposals shall not be opened publicly but shall be opened in the presence of two or more Village employees. Proposals and modifications shall be time -stamped upon receipt and held in a secure place until the established due date. After the date established for receipt of proposals, a Register of Proposals shall be prepared which shall include for all proposals the name of each proposer, the number of modifications received, if any, and a description sufficient to identify the supply, service, or construction item offered. The Register of Proposals shall be open to public inspection only after award of the contract. Proposals and modifications shall be shown only to the Village of Buffalo Grove personnel having a legitimate interest in them. Evaluation ofProposals. Evaluation Factors in the Request for Proposals. The Request for Proposals can include the following evaluation factors (and subfactors), including price, and their relative importance. Evaluation. The evaluation shall be based on the evaluation factors set forth in the Request for Proposals. Evaluators shall be required to complete the Evaluation Committee Member Statement attached at the end of Appendix B. 1. Classifying Proposals. For the purpose of conducting Village staff discussions, proposals shall be initially classified as: (a) acceptable; (b) potentially acceptable, that is, reasonably susceptible of being made acceptable; or (c) unacceptable. 2. Proposers whose proposals are unacceptable shall be so notified promptly. 3. Selection Criteria. Proposals will be evaluated by a selection committee made up of Village staff, which will subsequently present its recommendation to the Buffalo grove Village Board. The recommendation for the successful Proposer may be based on the following or similar criteria, though the weight of each item will vary with the project: (a) 15 I Proposer's experience, capacity and capability to provide the required equipment, installation and training services in a professional, timely, reliable and secure manner. (b) 15 % Proposer's understanding of the Village's technical requirements and demonstrated ability to meet or exceed the same. tPA (c) 50 % The cost of providing the equipment, installation and training services, (d) 10 % Ability to interact productively with Village staff, as required. (e) 10 % Information obtained through reference checks. Proposal Discussions/Interviews with Individual Proposers. "Proposers" Defined. "Proposers" includes only those businesses submitting proposals that are acceptable or potentially acceptable. The term shall not include businesses who submitted unacceptable proposals. The Purchasing Manager has the authority to reduce the pool of Proposers to be involved in Discussions based upon Selection Criteria. Purposes of Discussions. Discussions or Interviews are held to: (a) promote understanding of the Village of Buffalo Grove's requirements and the proposers' proposals; and (b) facilitate arriving at a contract that will be most advantageous to the Village of Buffalo Grove taking into consideration price and the other evaluation factors set forth in the Request for Proposals. Conduct of Discussions. Proposers shall be accorded fair and equal treatment with respect to any opportunity for discussions and revisions of proposals. The Purchasing Manager should establish procedures and schedules for conducting discussions. If during discussions there is a need for any substantial clarification of or change in the Request for Proposals, the Request shall be amended to incorporate such clarification or change. Auction techniques (revealing one proposer's price to another) and disclosure of any information derived from competing proposals are prohibited. Any substantial oral clarification of a proposal shall be reduced to writing by the proposer. Best and Final Offers. The Purchasing Manager shall establish a common date and time for the submission of best and final offers. Best and final offers shall be submitted only once; provided, however, the Purchasing Manager or the Village Manager may make a written determination that it is in the Village of Buffalo Grove's best interest to conduct additional discussions or change the Village of Buffalo Grove's requirements and require another submission of best and final offers. Otherwise, no discussion of or changes in the best and final offers shall be allowed prior to award. Proposers shall also be informed that if they do not submit a notice of withdrawal or another best and final offer, their immediate previous offer will be construed as their best and final offer. Proposals and bids are exempt from disclosure until an award or final selection is made pursuant to 5 ILCS 140/7(1)(h). (This shall be understood to include bid information on projects that will be re -bid) 33IPage RFP VoBG-##-2018 Insert Title Village of Buffalo Grove Evaluation Committee Member Statement Dear Evaluation Committee Member: You have been selected to participate in the evaluation of the above referenced Request for Proposal. Your selection was based upon your technical qualifications in this area and your ability to develop an objective/subjective analysis of each proposal. It is essential that the integrity of this process be maintained to insure that each offeror is given fair and equal consideration. Your familiarity with particular services, types of products, or material may tend to influence your evaluation; however, you are required in this specific instance to be particularly objective and guard against any tendency that might slant your evaluation in favor of a personal preference. You are required to report to the Purchasing Manager any actual or potential conflict of interest. An additional consideration is the mandate to maintain strict security and confidentiality regarding the content of any proposal, as well as the proceedings of any Evaluation Committee meetings during the evaluation process. Now that this process has started, it essential that any contact with the Consultant be through, and by, the Purchasing Manager. In addition, any Evaluation Committee Member shall not communicate, except during formal Committee meetings, with any Consultant or potential sub -contractor to that Consultant prior to award nor shall that Member discuss proposals or their evaluation with anyone other than the Purchasing Manager and Evaluation Committee Members. To emphasize the importance of the above considerations, you are asked to sign the following statement: I have read and understand the above and agree to be bound by the rules and principles represented. I know of no conflict of interest on my part nor have I committed any indiscretion or accepted any gratuities or favors that would compromise my impartiality. I will maintain all deliberations of the Evaluation Committee in strict confidence during this process. My recommendations shall be based upon objective/subjective review of the Consultant's proposal(s) and the appropriate award criteria from the proposal in accordance with the Village of Buffalo Grove Procurement Policy. Signature of Evaluator Position Date 341 Page Village of Buffalo Grove Public Contract Statements The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public contracts. The following Public Contract Statements shall be executed and notarized. PUBLIC CONTRACT STATEMENTS CERTIFICATION OF CONTRACTOR/BIDDER In order to comply with 720 Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be acknowledged: The below -signed bidder/contractor hereby certifies that it is not barred from bidding or supplying any goods, services or construction let by the Village of Buffalo Grove with or without bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This act relates to interference with public contracting, bid rigging and rotating, kickbacks, and bidding. CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1-1 In order to comply with 65 Illinois Complied Statutes 5/11-42.1-1, the Village of Buffalo Grove requires the following certification: The undersigned does hereby swear and affirm that it is not delinquent in the payment of any tax administered by the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid to it underthe contract. CONFLICT OF INTEREST The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with general ethics requirements of the Village: The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of this (bid or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village. If the foregoing representation and warranty is inaccurate, state the name of the Village official who either is an officer or director of your business entity or owns five percent (5` o) or more thereof: (Official) Print Name of Contractor/Bidder/Supplier Signature Title Subscribed and Sworn to before me this day of 20` Notary Public Notary Expiration Date 351Page Causes for Debarment The Purchasing Manager or Finance Director may debar a proposer, bidder, vendor, subcontractor, or supplier(collectively "Vendor") for- (1) Conviction of, or civil judgment for, - (a) Commission or attempted commission of fraud or a criminal offense in connection with (A) obtaining, (B) attempting to obtain, or (C) performing a private or public contract or subcontract. (b) Violation or attempted violation of Federal or State statutes, or any other legally applicable law, regulation, or rule relating to the submission of bids, proposals, or claims; (c) Commission or attempted commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; or (d) Commission or attempted commission of any other offense, or engaging in or attempting to engage in conduct indicating a lack of truthfulness, veracity, or honesty which affects the responsibility of the Vendor. (2) Violation of the terms of a Village contract or subcontract so serious as to justify debarment, including but not limited to - (a) Willful failure to perform in accordance with the terms of one or more contracts or subcontracts; (b) A history of failure to perform one or more contracts or subcontracts; (c) A history of unsatisfactory performance of one or more contracts or subcontracts; or (d) A history of failure to meet prevailing wage obligations, or any other contracting or subcontracting obligation imposed by the Village of Buffalo Grove Municipal Code or any other law. (3) Making or attempting or causing to be made or attempting to cause to be made any false, deceptive, or fraudulent material statement in any bid, proposal, or application for Village or any government work or in the performance of any such contract for the Village or a government agency, or application for any permit or license; (4) Refusal to cooperate with reasonable requests of Village inspectors, representatives, or other appropriate Village personnel with respect to work under contract provisions, plans, or specifications, or otherwise, pursuant to the duties of those Village personnel; 36IPage (5) Founding, establishing or operating an entity in a manner designed to evade the application or defeat the purpose of these rules or any provision of the Municipal Code of Buffalo Grove, Village of Buffalo Grove rule or regulation, the statutes, rules or regulations of the State of Illinois, Cook County, Lake County, or any federal statute, rule or regulation, or any other legally applicable law, regulation, or rule; (6) Improper conduct, including but not limited to the commission or attempted commission of; (a) intentional or negligent billing irregularities; (b) submitting false or frivolous or exaggerated claims, documents, or records; (c) falsification of claims, documents, or records; (d) willful or grossly negligent destruction of documents or records the Vendor had an obligation to maintain; (e) bribery or coercion of a government official, or other unlawful tampering with a government official; (f) use of false or deceptive statements to obtain some benefit, or causing competition to be restrained or limited; (g) misrepresentation to any governmental agency or government official; (h) violation of ethical standards established by the Village, or other dishonesty incident to obtaining, prequalifying for, or performing any contract or modification thereof; (i) violation of ethical standards established by the Village or other dishonesty or incident to applying, obtaining, qualifying for, or acquiring any Village certification, license, or permit; (7) Any other cause of so serious or compelling a nature that it affects the responsibility of the Vendor, including, but not limited to, those specifically enumerated in 65 ILCS 5/8-10-11. (8) Debarment by any other government agency. 371Page Appendix Accounts Payable Department Phone 847-459-2510 If Fax 847-777-6045 QUALIFIED VENDOR REGISTRATION Please email, fax or mail completed & signed form along with IRS form W-9 to - Email: APFinancevbg.org Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. 60089 Legal Organization Name: _ Doing Business as: Primary Organization Address: City, State ZIP: Sales Contact Name: Sales Contact Phone: Sales Contact Email : Complete this section for new Vendors or account changes Select one: ® New Vendor ❑ Account Change FEIN or SSN: Primary business function: Date business was established: Change in ownership in the last 2 years : YIN Professional registrations: All payments will be made per the Prompt Payment Act (50 ILCS 505/1 et seq). By submitting this application, you authorize the Village of Buffalo Grove to make inquiries into the client/trade references that you have supplied. The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of acceptance of future (bid or purchase order) that none of the following Village Officials is either an officer or director of supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village Signature: Name (printed): Date: Title: a Accounts Payable Department Phone 947-459-2510 If Fax 947-777-6045 AUTHORIZATION FOR ACH DEPOSIT OF VENDOR PAYMENT Please email, fax or mail completed & signed form along with a voided check or voided deposit slip (savings account) to: Email: APFinancevbg.orR Fax: 847-777-6045 or Mail: Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL. 60089 Check Box if same as page 1 Payment Address: A/R Contact Name: Contact Email (for ACH notification): Complete this section for new enrollments or for financial institution or account changes fo Select one: LJ New Enrollment ❑ Financial institution of Account Change Bank Name: Branch (if applicable): _ City, State Zip: Transit/Routing Number: Bank Account Number: Account Type (check one): ❑ Checking Account ❑ Savings Account I certify that the information above is true and correct, and that I, as a representative for the above name d company, hereby authorize the Village of Buffalo Grove Account Payable to electronically deposit payments to the designated bank account. This authority remains in full force until The Village of Buffalo Grove Accounts Payable receives written notification requesting a change or cancellation. Signature: Name (printed): Date: Title: For Village of Buffalo Grove use only Vendor Number: Date Received: Illinois Department of Revenue Office of Local Government Services Sales Tax Exemption Section, 3-520 101 W. Jefferson Street Springfield, |L 52702 317 782-8881 January 2' 2015 VILLAGE OF BUFFALO GROVE 3C0TT ANDEB80N FINANCE DlB 50 RADPP BLvD BUFFALO GROVE IL 60089 Effective January 1' 2015, we have renewed your governmental exemption from payment of the Retailers' Occupation Tax' the Service Occupation Tax <both state and |nca|>' the Use Tax' and the Service Use Tax' as required by U|ino|s |avu We have issued the following new tax exemption identification number: E9998-1165-07 to VILLAGE OF BUFFALO GROVE of BUFFALO CR0YE. IL The terms and conditions governing use o/ your exemption number remain unchanged. Office of Local Government Services Illinois Department of Revenue 10-0001039 Procurement Card Policy Purpose This policy has been designed to establish the procedures to be used with the Village of Buffalo Grove's procurement card program. This policy intends to accomplish the following: - Establish appropriate internal controls over the purchase card process to ensure cards are only used for authorized purposes. - Ensure the Village bears no legal liability from inappropriate use of procurement cards. - To provide a convenient source of funding for employees who must procure for the Village. - Verify payments for purchases are made on a timely basis to minimize finance charges. Background The Village has used various methods to process the purchase of goods and services. Traditional procurement utilizing a purchase order or check request has worked well in the past for repetitive vendor invoicing and acquisitions of large ticket items where timing is not critical in the invoicing and payment process. The concern is the use of petty cash, advanced check requests, or employee reimbursement requests in the accounts payable process. These non traditional methods of procurement are due primarily to the timing of the request in light of the next warrant cycle or that the form of payment (check) is occasionally not accepted by merchants. To promote vendor acceptance, improve operational efficiency, and tighten the controls on the use of petty cash and advanced checks the Finance Department is initiating the procurement card program. This program has a number of unique controls that ensure that the card can be used only for specific purposes and within specific dollar limits. General Information - The procurement card is a tool for designated Village employees to use when making low -dollar purchases for official business needs. - Each purchase card will include both the individual cardholder and corporate name. However the purchase card issuer will not maintain individual cardholder credit records. - A signed agreement with the Village prior to receiving the card makes the cardholder responsible for any misuse of the card. Failure to comply with these procedures will result in revocation of the card and fraudulent misuse may result in termination of the cardholder. - Purchase cards must be returned to the Finance Department upon leaving the Village's employment. 411 Page Authorizations and spending limits Each individual's card will have monthly maximum spending limits. Additional restrictions exist on the type of purchase each employee can use the purchase card for, based on the employee's need. A Procurement Card is NOT: - a means to avoid appropriate procurement or payment procedures - a card to access cash or credit (ATM) - for items and services for personal, non -business use - for tax reportable services (any vendor that is NOT incorporated is subject to the 1099 reporting process for each calendar year) The following list covers purchases for which purchase card use is expressly prohibited: - Alcoholic Beverages - Capital Equipment - Cash Advances (ATM Machines) - Computer Hardware and Software (with the exception of the IT Department or department technology liaison) - Legal Services - Temporary Help - Clothing or other personal items - Telephone calls Responsibilities of Cardholders - The card must NOT be used for personal transactions. - The card must NOT be loaned to others. - Splitting of purchases into multiple parts in order to circumvent limits on the card is prohibited. - The cardholder is responsible for all inappropriate charges. - The cardholder shall not accept cash in lieu of a credit to the Procurement Card account. - The card must be kept in a secure location at all times. - The Village is a tax-exempt entity. Each cardholder should do their best to ensure that the Village is not charged sales tax. 421Page Department Cards - The card must be kept in a secure location at all times. - All users must have a signed "Cardholder Agreement for Authorized Use of Purchase Card" on file in the Finance Department_ Reporting Lost or Stolen Cards - Cardholders must notify the Issuing Bank and Finance Department immediately when a card is lost or stolen. - Report a lost or stolen card or other emergency situations, by calling the Issuing Bank's Customer Service number. Required Receipt Documentation - Receipts must be obtained with all purchases, identifying the date and itemized list of all purchases. - Receipts should be attached to a "Record of Purchase Card Use Form" and coded to the appropriate expenditure/expense accounts. The completed "Record of Purchase Card Use Form" should then be signed and attached to the billing statement prior to turning it into the Department Director for review and signature. - The Department Director is responsible for reviewing all charges and receipts prior to signing the "Record of Purchase Card Use Form" and delivering all documentation to the Finance Department. - Forward the signed "Record of Purchase Use Form" with the statement and attached original receipts, to the Finance Department within five business days of receiving the statement. All late charges incurred due to cardholder delay in reporting purchases will be charged to that cardholder's department. - Only signed and properly documented payment requisitions will be accepted. - The Village Manager will review the Village -wide statement prior to payment. The following are acceptable receipts - Credit Card Orders: charge slip with only the total does not qualify as an original receipt. A receipt needs to include an original record of what was purchased. Any exceptions must be documented. - Pick Up Orders: Attach the detailed cash register receipt. - Phone/Fax Orders: original invoice or packing slip providing the packing slip shows what was purchased and pricing - Internet Orders: Print and attach a copy of the order screen or confirmation screen that shows what was purchased and the dollar amount. - Registration Fees: Attach the registration form. The form must show who the registration is for, the registration amount and what was included in the registration fee. - Documentation Not Available: If unable to obtain any type of documentation, write the receipt up by hand. Include the date of the purchase, vendor, items and price. Also attach a brief explanation as to why the original receipt is not attached. This is the exception rather than the rule, individuals not obtaining adequate support multiple times may have their card revoked. 431Page Returns, Credits or Disputed Items - Returns: A credit should be issued for any item that the supplier has approved for return. The credit will appear on a subsequent statement. Any item purchased with the card that is returned must be returned for credit. Do not accept a refund in cash or check format. - The cardholder is responsible for following up with the merchant or issuing bank on any erroneous charges, disputed items or returns as soon as possible. Disputed billings can result from failure to receive the goods charged, defective merchandise, incorrect amounts, duplicate charges or credit not processed. - If you have a problem with a purchased item or a billing resulting from use of the procurement card, you should first try to reach a resolution with the supplier that provided the item. - If a disputed charge can not be resolved with the supplier, complete the Cardholder Statement of Questioned Item Form attached. The written dispute notice must be received by the issuing bank within 30 days of the date of the bank statement. - Credits: request from the merchant that a credit be placed on your card account. Obtain a receipt for the credit like any other purchase documentation. Responsibilities of Finance Department - Receive and review the Village's combined billing statement. When the statement is received the majority of the receipts should already be in to the Finance Department. - Review information submitted by cardholder. Match receipts with statement of account. All receipts will be compared to the purchase record submitted bythe cardholder. - Verify purchases are for use in Village business. Sign the cardholder's payment requisition to certify that purchases were for Village business purposes. - Verify travel -related charges have been authorized by the Village Manager. - Provide monthly statements of accounts to individual cardholders for their records. - Make payments on a timely basis to ensure the Village does not accrued finance charges. - If the Finance Department cannot verify that the purchase made was necessary and for official use, the purchase will be reviewed by the Village Manager. If it is determined the purchase was not appropriate, then the cardholder must provide a credit voucher proving the items have been returned for credit or a personal check for the full amount of that purchase. - Annual inventory of purchase cards: On an annual basis, the Finance Department will verify that each cardholder is in physical possession of their assigned card. 441Page Cardholder Agreement for Authorized Use of Purchase Card 1.) I, have read and do understand the Village's Procurement Card Policy. 2) 1 further agree to abide by the terms and conditions in that policy and understand that this card is subject to revocation if I fail to act in accordance with the policy. 3) 1 agree that if I engage in fraudulent activity or violate the terms and conditions of the Village's Procurement Card Policy, as amended from time to time, I will fully reimburse the Village for all such transactions 4) 1 understand that that if I engage in fraudulent activity or violate the terms and conditions of the Village's Procurement Card Policy, as amended from time to time, I will be subject to disciplinary action that may include termination. 5) Upon my termination or resignation as an employee with the Village, I agree to return the purchase card to the Finance Department and will not attempt to use the card after my employment is completed. Printed name: Signature: Date: 451Page TO: FROM: Cardholder Addition or Change Request Form Finance Department VILLAGE OF �(u00 Grour SUBJECT: Request for Procurement Card or Change of Status ❑ Request the following employee by authorized a Village Purchase Card. ❑ Request the following employee have their Village Purchase Card limit(s) changed. Full Name: Sienature: Title: Single Purchase Limit (Not to exceed $X,XXX.XX): Monthly Cycle Limit (Not to exceed $X,XXX.XX): ❑ Cancel / Reason: Date: Department Director Date: Finance Director Date: Village Manager * Merchant Category Code 461 Page Cardholder Statement of Questioned Item Cardholder name: (print) Vendor name: Date of purchase: The following item(s) listed on the billing statement is disputed: VILLAGE GF ly n Grave tl Reason: Provide information as to why item(s) do not meet your requirements. Indicate actions requested of merchant, reasons merchant refused to correct dispute, and any other information that is available to assist the Finance Department to negotiate the dispute: Action Requested: • Return item and obtain credit • Exchange for same item Exchange for different model, brand, etc. — with applicable deduction/increase in cost (this action will require prior approval from cardholder if cost increase is a result) Other comments: 471 Page VILLAGE i]F uffnla Grnue Record of Purchase Card Use Form Cardholder name: Description of Purchase Date Account Amount Ensure all original receipts are attached to this form Cardholder signature: Supervisor signature: Date received by Finance Department: Finance Department signature: 481Page VRLAGE aF . uffalo 10 Grauc Record of . Receipt Cardholder name: Date Description of Purchase Purpose attest that purchase listed above is accurate and complies with eligible purchases with the Village of Buffalo Grove purchasing policy as of of the original receipt. Cardholder signature: Supervisor signature: 20_. This record serves in place 491 Page PettyCash Reimbursement Request Note: Reimbursements from petty cash cannot exceed $150.00. Date Description of Purchase Purpose Reimbursement Amount attest that purchase listed above is accurate and complies with eligible purchases with the Village of Buffalo Grove purchasing policy as of , 20—. The Receipt for this purchase(s) is attached. Requestor signature: Supervisor signature: "A receipt for goods purchased, must be attached to this form. 501Page Advance Check Request Form Vendor: Requested By: Purpose: Check Amount: Distribution of Charges: Date Description of Purchase Account Amount For use when payment is required in advance of normal accounts payable cycle. Note: Check Number Approved By: vi LAGE 0 Uffala Grout 511 Page Prevailing Wage Rider Terms A. Contractor shall not pay less than the prevailing rates of wages to all laborers, workmen, and mechanics performing work pursuant to this invitation to bid and shall comply with the requirements of the Illinois Wages of Employees on Public Works Act (820 ILCS 130/1-12). B. Contractor shall comply with all applicable laws, regulations and rules promulgated by any federal, state, local, or other governmental authority or regulatory body pertaining to all aspects of the Work, now in effect, or which may become in effect during the performance of the Work. The scope of the laws, regulations, and rules referred to in this paragraph includes, but is in no way limited to, the Illinois Human Rights Act, Illinois Equal Pay Act of 2003, Occupational Safety & Health Act along with the standards and regulations promulgated pursuant thereto (including but not limited to those safety requirements involving work on elevated platforms), all forms of traffic regulations, public utility, Interstate and Intrastate Commerce Commission regulations, Workers' Compensation Laws, Public Construction Bond Act, Prevailing Wage Laws, Public Works Preference Act, Employment of Illinois Workers on Public Works Act, USA Security Act, federal Social Security Act (and any of its titles), and any other law, rule or regulation of the Illinois Department of Labor, Department of Transportation, Illinois Environmental Protection Act, Illinois Department of Natural Resources, Illinois Department of Human Rights, Human Rights Commission, EEOC, and the Village of Buffalo Grove. C. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and hold harmless the Village, its officials, agents and employees against all injuries, deaths, loss, damages, claims, patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its officials, agents and employees arising in whole or in part or in consequence of the performance of this work by the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and employees in any such action, the Contractor shall, at its own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance policies required by this contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend the Village, its officials, agents and employees as herein provided. D. In addition to the requirements set forth above, the Contractor (and any subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the Village may sustain as a result of 521 Page personal injury claims by Contractor's employees, except to the extent those claims arise as a result of the Village's own negligence. E. Within five (5) business days after the Village's notice to the Contractor of the Village's receipt of a request made pursuant to the Illinois Freedom of Information Act [ILCS 140/1 et seq. — herein "FOIA"], the Contractor shall furnish all requested records in the Contractor's possession which are in any manner related to this Contract, including but not limited to any documentation related to the Village and associated therewith. The Contractor shall not apply any costs or charge any fees to the Village or any other person, firm or corporation for its procurement and retrieval of such records in the Contractor's possession which are sought to be copied or reviewed in accordance with such FOIA request or requests. The Contractor shall defend, indemnify and hold harmless the Village including its several departments and including its officers and employees and shall pay all of the Costs associated with such FOIA request or requests including Costs arising from the Contractor's failure or alleged failure to timely furnish such documentation and/or arising from the Contractor's failure or alleged failure otherwise to comply with the FOIA, whether or not associated with the Contractor's and/or the Village's defense of any litigation associated therewith. In addition, if the Contractor requests the Village to deny the FOIA request or any portion thereof by utilizing one or more of the lawful exemptions provided for in the FOIA, the Contractor shall pay all Costs in connection therewith. As used herein, "in the Contractor's possession" includes documents in the possession of any of the Contractor'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 Village or the Contractor. F. Sexual Harassment Policy: The Contractor certifies that the firm has a written sexual harassment policy defining sexual harassment as required in Section 2-105 of the III. Human Rights Act. 775 ILCA 5/1-105 et. seq. G. Tax Payments: The Contractor certifies that the Contractor is not delinquent in the payment of any tax administered by the Illinois Department of Revenue as set forth in 65 ILCS 5/11-42.1-1. H. The parties hereto agree that for purposes of any lawsuit(s) between them concerning this rider or contract, its enforcement, or the subject matter thereof, venue shall be in Circuit Court of Cook County, Cook County, State of Illinois, and the laws of the State of Illinois shall govern the cause of action. Accepted by , on , 20� Signature Printed Name & Title CONTRACTOR'S DRUG -FREE WORKPLACE CERTIFICATION The undersigned is an authorized representative of Name of Company: and certifies that they will comply with all requirements Pursuant to Chapter 30, Section 580/1 of the Illinois Compiled Statutes (30 ILCS 580/1) et. Seq. entitled "Drug Free Workplace Act"; the undersigned CONTRACTOR hereby certifies to the contracting agency that it will provide a drug -free workplace by: 1. Publishing a statement: a. Notifying employees that the unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance, including cannabis, is prohibited in the grantee's of CONTRACTOR'S workplace. b. Specifying the actions that will be taken against employees for violations of such prohibition. c. Notifying the employee that, as a condition of employment on such contract or grant, the employee will: d. Abide by the terms of the statement; and e. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after such conviction. 2. Establishing a drug free awareness program to inform employees about: a. the dangers of drug abuse in the workplace; b. the grantee's or CONTRACTOR'S policy of maintaining drug free workplace; c. any available drug counseling, rehabilitation, and employee assistance program; and d. The penalties that may be imposed upon employees for drug violations. 3. Making it a requirement to give a copy of the statement required by subsection (a) to each employee engaged in the performance of the contract or grant and to post the statement in a prominent place in the workplace. 4. Notifying the contracting agency within 10 days after receiving notice under part (B) of paragraph (3) of subsection (a) from an employee or otherwise receiving actual notice of such conviction. 5. Imposing a sanction on, or requiring the satisfactory participation in a drug assistance or rehabilitation program by any employee who is so convicted, as required by Section 5 (30 ILCS 580/5) of the Act. 6. Assisting employees in selecting a course of action in the event drug counseling treatment, and rehabilitation is required and indicating that a trained referral team in place. 7. Making a good faith effort to continue to maintain a drug free workplace through implementation of this Section. 8. Failure to abide by this certification shall subject the CONTRACTOR to the penalties provided in Section 6 (30 ILCS 580/6) of the Act. Signed: Printed Name: Title/Position: Subscribed and sworn to before me this day of 20 Notary Public: 541Page NATIONAL SECURITY/USA PATRIOT ACT Pursuant to the requirements of the USA Patriot Act and applicable Presidential Executive Orders, CONTRACTOR represents and warrants to the Village of Buffalo Grove that neither it nor any of its principals, shareholders, members, partners, or affiliates, as applicable, is a person or entity named as a Specially Designated National and Blocked Person (as defined in Presidential Executive Order 13224) and that it is not acting, directly or indirectly, for or on behalf of a Specially Designated National and Blocked Person. CONTRACTOR further represents and warrants to the Village of Buffalo Grove that CONTRACTOR and its principals, shareholders, members, partners, or affiliates, as applicable, are not, directly or indirectly, engaged in, and are not facilitating, the transactions contemplated by this Agreement on behalf of any person or entity named as a Specially Designated National and Blocked Person. CONTRACTOR hereby agrees to defend, indemnify and hold harmless the Village of Buffalo Grove, its Corporate Authorities, and all Village of Buffalo Grove elected or appointed officials, officers, employees, agents, representative, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representations and warranties. CONTRACTOR further represents and warrants it is not acting, directly or indirectly, for or on behalf of any person, group, entity, or nation named by the United States Treasury Department as a Specially Designated National and Blocked Person, or for or on behalf of any person, group, entity, or nation designated in Presidential Executive Order 13224 as a person who commits, threatens to commit, or supports terrorism; and that CONTRACTOR is not engaged in this transaction directly or indirectly on behalf of or facilitating this transaction directly or indirectly on behalf of, any such person, group, entity, or nation. CONTRACTOR hereby agrees to defend, indemnify, and hold harmless the Village of Buffalo Grove, its Corporate Authorities, and all Village of Buffalo Grove elected or appointed officials, officers, employees, agents, representative, engineers, and attorneys, from and against any and all claims, damages, losses, risks, liabilities, and expenses (including reasonable attorneys' fees and costs) arising from or related to any breach of the foregoing representation and warranty. CONTRACTOR Printed Name Date 551 Page Asset Sharing policy ASSET SHARING GUIDELINES A. Objectives 1. Through collaborative efforts between all Village Departments and other external stakeholder groups (Park District, School District, County Government, etc...), Asset Sharing initiatives will be used to reduce asset redundancy and save money. 2. To increase collaboration between both internal and external agencies and improve productivity and organizational understanding. 3. Asset Sharing efforts are limited to local, regional, state and federal taxing bodies only, except as provided for specific outside groups with the approval of the Village Manager or designee. B. Asset Sharing Considerations Once an asset has been determined to be in need of replacement, the requesting department should follow the process outlined below as part of its regular evaluation. (This process would apply to new additions to the asset inventory as well). 1. Identify potential sharing partners. a. Can the asset be shared with another department within the Village or outside agency? b. Is the sharing of the asset appropriate and practical with type of asset and the department/agency for which it will be shared? C. Will the proposed partner be willing to share equally, or in part, the cost of the asset being purchased as well as the long-term operational cost once acquired? 2. Once a determination has been made that asset sharing is appropriate and practical, and the parties have agreed to participate in such an engagement, an Intergovernmental Agreement (IGA), Letter of Understanding (LOA) or some other written agreement should be drafted or reviewed by the Village Attorney 561 Page 3. The agreement should clearly identify the responsibilities of the parties with respect to: a. Acquisition cost Who will perform the maintenance C. Maintenance costs allocation d. Storage e. Use and scheduling f. Accounting and budgeting g. Decommissioning and sale of the asset h. Other operational considerations. 4. Village department directors will be responsible for ensuring that this policy is communicated to all employees, particularly those with purchasing authority. 571Page Change orders are allowed and can be expected when working on projects, however all personnel should be keenly aware of the following laws and ordinances. Subsection 9 of Article 33E, Public Contract, of the Illinois Criminal Code (720 ILCS 5/33E-9) makes it a Class 4 felony to approve a change order for an increase or decrease in either the cost of a public contract by a total of $10,000 or more or the time of completion by a total of 30 days or more without first obtaining from the Village Board, or from a designee authorized by the Village Board, a determination in writing that (1) the circumstances said to necessitate the change in performance were not reasonably foreseeable at the time the contract was signed, or (2) the change is germane to the original contract as signed, or (3) the change order is in the best interest of the unit of local government. Subsection J. of Section 2.08.040 of the Buffalo Grove Municipal Code gives the Village Manager the authority to approve a change order to a public contract for an increase in an amount of not to exceed 10 percent of the contract amount or $10,000, whichever is less. Therefore the Village Board, pursuant to subsection 9, must make the determination in writing that one of the three requirements is applicable or designate the Village Manager as having the authority to make said determination. Attached at the end of Appendix K. is a sample change order. 581Page Village of Buffalo Grove Change Order Project Name Project Number The Contract is altered as follows: The original Contract Amount was Amount altered by previous Change Order The Contract Amount prior to this Change Order The Contract Amount will be (increased, decreased) by this Change Order in the amount of The new Contract Amount including this Change Order Original Contract Completion Date Days altered by previous Change Order The Contract Time/Completion Date will be (increased, decreased)by The new Contract Completion Date Accepted by: Contractor Printed Name Signature Title Change Order Number Date Calendar Days Calendar Days The Village of Buffalo Grove Printed Name Signature Title 591Page Vendor Evaluation Form Ij "I'` Village of Buffalo Grove Vendor Performance Evaluation Page 1 of INSTRUCTIONS 1. Use this form to report vendor performance (positive or negative) for deliveries of supplies and/or rendering of services. 2. The person designated for accepting supplies/services or the Contract Manager is responsible for filling out this form (type or print). Only page 1 is required, if page 2 is not used. However, if any area on page 1 is marked "unsatisfactory", page 2 must also be filled out and submitted with page 1 (see page 2, Explanations/Comments, when marking "unsatisfactory"). Page 2 is NOT restricted to "unsatisfactory" comments. If you have something good you want on record, use page 2. Attach supporting documents, if applicable. 3. Village Contracts: Regardless of the purchasing method (bid, sole source, etc.) used, as a minimum this form MUST be completed and submitted not later than 2 weeks after completion/expiration of a Village contract. Past performance is considered on future contracts. This form should accompany future bid request forms. 4. Send SIGNED form to: the Purchasing Manager or email to BGFinance@vbg.org VENDOR INFORMATION COMPLETE ALL APPLICABLE INFORMATION Company Name Contract # VoBG - Mailing Address Description/Title City, St, Zip Code Original Contract Term: From Representative Current Term: From Telephone Solicitation # VoBG - Email # of Change Orders to Contract Type of Contract Purchase Order # DEFINITIONS OUTSTANDING (1) — Vendor considerably exceeded minimum contractual requirements or performance expectations of the products/services; The vendor demonstrated the highest level of quality workmanship/professionalism in execution of contract. EXCELLENT (2) - Vendor exceeded minimum contractual requirements or performance expectations of the products/services. SATISFACTORY (3) - Vendor met minimum contractual requirements or performance expectations of the products/services. UNSATISFACTORY (4) - Vendor did NOT meet the minimum contractual requirements or performance expectations of the products and/or services; Performed below minimum requirements (see page 2, Explanations/Comments) EVALUATIONS Place "x" in aparopriate box for each major area. Criteria includes change orders/amendments) 1 2 3 4 N/A 1. Supplies deliveredM/ork performed on schedule. 2. Condition of delivered supplies (includes handlin / acka in ). 3. Adherence to specifications/statement of work. 4. Resolved problems/customer complaints timely. 5. Working relation shi /interfacin g with Village staff/public sector (citizens). 6. Service Call On -Call) response time. 7. Other (specify): 8. Overall evaluation of compliance with contract requirements. 601 Page Village of Buffalo Grove Vendor Performance Evaluation Page of Company Name: Contract #: VoBG - EXPLANATIONS/COMMENTS Contract Ref No. 1. Do not submit page 2 without page 1. 2. Be specific (include paragraph and page numbers referenced in the applicable contract, purchase order, etc). Continue on separate sheet (enter company name and contract number or other reference) Ref No. ACTION TAKEN BY VENDOR (reply below or submit separate correspondence) NAME/TITLE OF EMPLOYEES SIGNATURE DATE 611 Page