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HomeMy WebLinkAboutPacket - 01/16/2017 - City CouncilAGENDA REGULAR CITY COUNCIL MEETING City Council Chambers, 333 S Green Street Monday, January 16, 2017, 7:00 PM Call to Order. 2. Roll Call. 3. Pledge of Allegiance led by McHenry Cub Scout Pack 214 4. Swearing -In Ceremony for McHenry Police Commander Paul D. Funk and McHenry Police Sergeant Nicholas R. Clesen. 5. City of McHenry Mission Statement. 6. Public Comment: Any person wishing to address the City Council will be required to step forward to the podium and identify themselves for the record and will be asked but are not required to provide their address. Public Comment may be restricted to three -minutes for each individual speaker. Order and decorum shall be maintained at public meetings. 7. Motion to approve the following Consent Agenda items: A. Award of Bid for Water Treatment Plant #4 Building Maintenance to Depree Construction of Joliet, Illinois for an amount not to exceed $39,730.50; B. Second year contract extension for 2017 Asphalt Crack Sealing Maintenance Program to SKC Construction, Inc. for $47,500 (actual amount may vary based on final measured quantities); C. Advertise for bids for 2017 Spring Tree Planting Program; D. Issuance of As Needed Checks in the amount of $3,043,382.82; and E. Payment of Bills in the amount of $455,472.88. Motion to approve a) request for a liquor license classification transfer from Al to A, from I.M. Stein d/b/a Big Fran's Boardwalk Gaming (aka Stuc's Pizza & Ribs) located at 3401 West Elm Street and b) Ordinance decreasing number of Class Al licenses and increasing number of Class A liquor licenses in effect. 9. Motion to Table the Planning and Zoning Commission's recommendation to adopt an Ordinance granting a Conditional Use to allow a tavern without live entertainment for CL Quick Stop of Belvidere, Inc. d/b/a Lucky Poker located at 2214 W. Route 120 until the February 6, 2017 Regularly Scheduled City Council meeting. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. l MCA McHenry City Council Agenda January 16, 2017 Page Two 10. Motion to Table the consideration of a Class A liquor license for CL Quick Stop, Inc. d/b/a Lucky Poker located at 2214 W. Route 120 and Ordinance increasing the number of Class A liquor licenses in effect until the February 6, 2017 Regularly Scheduled City Council meeting. 11. Mayor's Statement and Reports. 12. Committee Reports. 13. Staff Reports. 14. Future Agenda Items. 15. Executive Session: 51LCS 120(2)(c)(1)-Employment Matters. 16. Anticipated motion for approval of a Labor Agreement between the Illinois Fraternal Order of Police Labor Council (FOP Unit II), representing Telecommunicators, Community Service Officers, and Records Clerks expiring April 30, 2021. 17. Adj oumment. The City of McHenry is dedicated to providing its citizens, businesses, and visitors with the highest quality of programs and services in a customer -oriented, efficient, and fiscally responsible manner. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 16, 2017 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: Water Treatment Plant #4 building maintenance bid award AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding the Water Treatment Plant #4 building maintenance to Depree Construction of Joliet, Illinois. BACKGROUND: Water Treatment Plant (WTP) #4 was constructed in 1993. The treatment plant is located in a residential neighborhood and was constructed to look similar to homes in the Oaks of McHenry. The building is over twenty years old and replacement of the exterior aluminum siding is needed. The exterior siding provides a protective layer to the building and a pleasant appearance for neighboring residents. The 2016-17 Capital Improvement Program under Water Division Improvement Fund includes $58,000 for Water Treatment Plant #4 building maintenance, construction and design/construction engineering. Public Works Staff assembled the bid package, conducted the A opening and will conduct construction observation. ANALYSIS: The following sealed bids for Water Treatment Plant #4 building maintenance were opened on December 28, 2016: • Wm Tonyan &Sons —McHenry, Illinois $51,400.00 • Depree Construction —Joliet, Illinois $39,730.50 • Charles Copley Roofing, Inc. — Crystal Lake , Illinois $47,678.00 The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. Public Works Staff has analyzed, checked the bids for accuracy, checked references and recommends awarding the contract to Depree Construction of Joliet, Illinois. RECOMMENDATION: Therefore, if Council concurs, it is recommended to award the bid for the Water Treatment Plant #4 building maintenance to Depree Construction of Joliet, Illinois in an amount not to exceed $39,730.50. Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 16, 2017 T0: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: 2017 Asphalt Crack Sealing Maintenance Program Bid Award ATT: List of Streets AGENDA ITEM SUMMARY: Staff requests City Council to consider awarding 2017 Asphalt Crack Sealing Maintenance Program to SKC Construction, Inc. BACKGROUND: Routing, cleaning, and sealing cracks is an effective pavement preservation practice for streets that exhibit nominal pavement distress. The primary cause of asphalt failure is water infiltration into the street sub grade. Cracksealing is one of the most cost-effective preventative maintenance practices for the City's roadways. The City of McHenry partnered with the City of Woodstock, Village of Cary and the Village of Algonquin and issued a joint bid request. The Village of Cary facilitated the bid specifications and solicitation. The original bid opened on May 20, 2016 included a 2nd and 3rd year option for the extension of the contract; it was the consensus of the participating agencies to accept the 2nd year option. ANALYSIS: The following sealed bids for 2017 Asphalt Crack Sealing Maintenance Program were received on May 20, 2016 for the 2nd year contract extension option. • Behm Pavement Maintenance $.40/ LF • Hastings Asphalt Services $.45/ LF • Patriot Pavement Maintenance $.3933/LF • SKC Construction, Inc. $.34/ LF Staff recommends utilizing a portion of the remaining 2016 Road Program budgeted balance ($67,751) to fund the 2017 Asphalt Cracksealing Maintenance Program. This is a unit price contract and the final cost of construction will be based on final measured quantities. RECOMMENDATION: Therefore, if Council concurs, it is recommended to approve the bid award to SKC Construction Inc. for the 2017 Asphalt Crack Sealing Maintenance Program in an amount of $47,500 (actual amount may vary based on final measured quantities). 2017 City of McHenry Crack Sealing Program Location From To Crystal Lake Road IL Route 120 Bull Valley Road Prime Parkway IL Route 31 Miller Park Way Draper Road Shannon Drive Farmstead Drive Old Draper Road Draper Road End Glenmore Court Homestead Drive End Homestead Drive Farmstead Drive Ayre Drive Killala Lane Galway Drive Galway Drive Liam Lane Galway Drive End Royal Drive Chesterfield Drive Oakwood Drive Legend Lane Dartmoor Drive Dartmoor Drive Rose Avenue Whiting Drive Tomlinson Drive Department of Public Works Jon M. Schmitt, Director 1415 Industrial Drive McHenry, Illinois 60050 Phone: (815) 363-2186 Fax: (815) 363-2214 www.ci.mchenry.il.us CONSENT AGENDA SUPPLEMENT DATE: January 16, 2017 TO: Mayor and City Council FROM: Jon M. Schmitt, Director of Public Works RE: 2017 Spring Tree Planting Program AGENDA ITEM SUMMARY: Staff requests City Council to consider authorizing staff to publicly bid the 2017 Spring Tree Planting Program. BACKGROUND: The approved 2016/17 operating budget under Public Works Administration Forestry and Natural Resources includes $200,585.00 for the Tree Planting Program. To date $133,678.00 has been spent on tree planting leaving a balance of $66,907 for the 2017 Spring Tree Planting Program. RECOMMENDATION: Therefore, if Council concurs, it is recommended to authorize staff to publicly bid the 2017 Spring Tree Planting Program. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. 100 100-01-6110 HOME DEPOT CREDIT SERVICES 128.00 12/02/2016 100 100-22-6270 HOME DEPOT CREDIT SERVICES 256.49 12/02/2016 100 100-33-6110 HOME DEPOT CREDIT SERVICES 862.54 12/02/2016 100 100-45-6110 HOME DEPOT CREDIT SERVICES 2203.89 12/02/2016 400 400-00-5375 HOME DEPOT CREDIT SERVICES 154.50 12/02/2016 400 400-00-6110 HOME DEPOT CREDIT SERVICES 59.50 12/02/2016 440 440-00-8600 CURRAN CONTRACTING COMPANY 771072.12 12/02/2016 510 510-32-5510 COMED 39.36 12/02/2016 510 510-31-6110 HOME DEPOT CREDIT SERVICES 86.21 12/02/2016 510 510-32-6110 HOME DEPOT CREDIT SERVICES 417.95 12/02/2016 510 510-35-6110 HOME DEPOT CREDIT SERVICES 253.93 12/02/2016 610 610-00-5960 BALDUS COMPANY, THE 3925.00 12/02/2016 620 620-00-5110 AT&T 2660.90 12/02/2016 100 100-33-6110 THELEN MATERIALS LLC 103.95 12/07/2016 100 100-01-6940 VILLAGE OF OAK PARK 20.00 12/07/2016 100 100-01-5320 AT&T 88.22 12/07/2016 100 100-02-5320 AT&T 33.08 12/07/2016 100 100-03-5320 AT&T 71.68 12/07/2016 100 100-04-5320 AT&T 38.60 12/07/2016 100 100-22-5320 AT&T 215.03 12/07/2016 100 100-30-5320 AT&T 33.08 12/07/2016 100 100-33-5320 AT&T 11.03 12/07/2016 100 100-41-5320 AT&T 33.09 12/07/2016 100 100-44-5320 AT&T 5.51 12/07/2016 100 100-46-5320 AT&T 11.03 12/07/2016 100 100-47-5320 AT&T 5.51 12/07/2016 100 100-04-5110 UNITED PARCEL SERVICE 25.00 12/07/2016 100 100-04-5310 UNITED PARCEL SERVICE 5.49 12/07/2016 100 100-22-5310 UNITED PARCEL SERVICE 3.57 12/07/2016 100 100-30-5310 UNITED PARCEL SERVICE 3.63 12/07/2016 100 100-41-5310 UNITED PARCEL SERVICE 26.33 12/07/2016 510 510-31-5430 NORTH SUBURBAN WATER 125.00 12/07/2016 580 580-32-8500 WILLIAMS BROTHERS CONSTRUCTION INC 934204.76 12/07/2016 610 610-00-5950 MCH CTY MUNICIPAL RISK MGMT AGENCY 314261.00 12/07/2016 610 610-00-5960 MCH CTY MUNICIPAL RISK MGMT AGENCY 9363.56 12/07/2016 620 620-00-5110 AT&T 22.05 12/07/2016 100 100-03-5430 ILLINOIS PHCC 85.00 12/13/2016 100 100-01-4220 PROPS AMERICA INC 44.00 12/13/2016 215 215-00-6110 FIRST UNITED METHODIST CHURCH 300.00 12/13/2016 215 215-00-6110 MCHENRY COMMUNITY HIGH SCHOOL DIST 156300.00 12/13/2016 510 510-32-8500 WILLIAMS BROTHERS CONSTRUCTION INC 995228.00 12/13/2016 100 100-01-5110 BANKCARD PROCESSING CENTER 90.00 12/15/2016 100 100-01-5430 BANKCARD PROCESSING CENTER 17.00 12/15/2016 100 100-01-6940 BANKCARD PROCESSING CENTER 247.27 12/15/2016 100 100-02-6940 BANKCARD PROCESSING CENTER 172.90 12/15/2016 100 100-22-4510 BANKCARD PROCESSING CENTER 247.01 12/15/2016 100 100-22-5420 BANKCARD PROCESSING CENTER 20.01 12/15/2016 100 100-22-5430 BANKCARD PROCESSING CENTER 608.00 12/15/2016 100 100-22-6210 BANKCARD PROCESSING CENTER 108.74 12/15/2016 100 100-30-5430 BANKCARD PROCESSING CENTER 100.00 12/15/2016 100 100-41-5110 BANKCARD PROCESSING CENTER 290.00 12/15/2016 100 100-42-6920 BANKCARD PROCESSING CENTER 41.72 12/15/2016 100 100-46-6110 BANKCARD PROCESSING CENTER 7.28 12/15/2016 100 100-46-6920 BANKCARD PROCESSING CENTER 286.81 12/15/2016 100 100-47-6110 BANKCARD PROCESSING CENTER 292.33 12/15/2016 100 100-04-5310 UNITED PARCEL SERVICE 15.57 12/15/2016 400 400-00-5210 BANKCARD PROCESSING CENTER 136.27 12/15/2016 400 400-00-6120 LAKESHORE LEARNING MATERIALS 112.22 12/15/2016 510 510-35-6110 BANKCARD PROCESSING CENTER 43.09 12/15/2016 100 100-43-5320 AT&T 113.62 12/19/2016 100 100-01-5320 AT&T LONG DISTANCE 686.38 12/19/2016 100 100-22-5320 AT&T LONG DISTANCE 53.93 12/19/2016 100 100-33-5320 AT&T LONG DISTANCE 6.75 12/19/2016 100 100-41-5320 AT&T LONG DISTANCE 1.76 12/19/2016 100 100-45-5320 AT&T LONG DISTANCE 2.03 12/19/2016 100 100-33-6110 BIG R STORE 111.93 12/19/2016 100 100-45-6110 BIG R STORE 90.73 12/19/2016 100 100-01-6940 SECRETARY OF STATE / POLICE DEPT 202 12/19/2016 100 100-01-5320 VERIZON WIRELESS 45.73 12/19/2016 100 100-03-5320 VERIZON WIRELESS 101.35 12/19/2016 100 100-22-5320 VERIZON WIRELESS 1157.92 12/19/2016 100 100-30-5320 VERIZON WIRELESS 56.96 12/19/2016 100 100-33-5320 VERIZON WIRELESS 115.59 12/19/2016 100 100-41-5320 VERIZON WIRELESS 4.9 12/19/2016 100 100-45-5320 VERIZON WIRELESS 35.35 12/19/2016 100 100-46-5320 VERIZON WIRELESS 2.47 12/19/2016 100 100-47-5320 VERIZON WIRELESS 1.12 12/19/2016 100 100-33-5320 VERIZON WIRELESS 25.82 12/19/2016 510 510-32-5320 AT&T LONG DISTANCE 10.13 12/19/2016 510 510-32-6110 BIG R STORE 254.95 12/19/2016 510 510-31-5320 VERIZON WIRELESS 126.67 12/19/2016 510 510-32-5320 VERIZON WIRELESS 25.82 12/19/2016 510 510-31-5320 VERIZON WIRELESS 55.58 12/19/2016 510 510-32-5320 VERIZON WIRELESS 30.01 12/19/2016 510 510-35-5320 VERIZON WIRELESS 76.02 12/19/2016 620 620-00-5320 VERIZON WIRELESS 40.25 12/19/2016 620 620-00-5110 VERIZON WIRELESS 38.01 12/19/2016 100 100-22-6270 ADORAMA 2.45 12/29/2016 100 100-22-5310 UNITED PARCEL SERVICE 3.64 12/29/2016 100 100-41-5310 UNITED PARCEL SERVICE 11.41 12/29/2016 100 100-04-5310 UNITED PARCEL SERVICE 3.65 12/29/2016 100 100-41-5310 UNITED PARCEL SERVICE 14.03 12/29/2016 400 400-00-5321 DIRECTV 250.05 12/29/2016 3043382.82 FUND 100 TOTAL 9709.91 FUND 215 TOTAL 600.00 FUND 400 TOTAL 712.54 FUND 440 TOTAL 771072.12 FUND 510 TOTAL 996772.72 FUND 580 TOTAL 934204.76 FUND 610 TOTAL 327549.56 FUND 620 TOTAL 2761.21 till C�-BY4.1% Vendor Name McHenry, IL Account Number Vendor: ACE HARDWARE, MCHENRY ACE HARDWARE, MCHENRY 100-01-6110 ACE HARDWARE, MCHENRY 100-30-6950 ACE HARDWARE, MCHENRY 100-33-5370 ACE HARDWARE, MCHENRY 100-33-6110 ACE HARDWARE, MCHENRY 100-45-6110 ACE HARDWARE, MCHENRY 100-47-6110 ACE HARDWARE, MCHENRY 400-00-6110 ACE HARDWARE, MCHENRY 510-31-6110 ACE HARDWARE, MCHENRY 510-32-6110 ACE HARDWARE, MCHENRY 510-35-6110 Vendor: ADAMS, RUSSELL ADAMS, RUSSELL 510-32-4510 Vendor: AMERICAN RED CROSS AMERICAN RED CROSS 100-41-5430 Vendor: AT&T AT&T 100-45-5320 Vendor: BIG R STORE BIG RSTORE 100-33-6110 BIG RSTORE 100-45-6110 BIG R STORE 510-32-6110 Vendor: CENTEGRA OCCUPATIONAL HEALTH CENTEGRA OCCUPATIONAL 100-01-5110 CENTEGRA OCCUPATIONAL 610-00-6940 Vendor: CINTAS CORPORATION LOC 355 CINTAS CORPORATION LOC 355 510-32-4510 CINTAS CORPORATION LOC 355 100-33-4510 CINTAS CORPORATION LOC 355 100-33-6110 Vendor: COMCAST CABLE COMCAST CABLE 620-00-5110 COMCAST CABLE 620-00-5110 COMCASTCABLE 620-00-5110 COMCAST CABLE 620-00-5110 Vendor: COMED COMED 510-31-5510 COMED 510-32-5510 COMED 400-00-5510 COMED 510-31-5510 COMED 510-32-5510 Vendor: COMPASS MINERALS AMERICA COMPASS MINERALS AMERICA 270-00-6110 Description (Item) SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES SUPPLIES REIMB SAFETY BOOTS FRISTAID/CPR CERT ALARM CIRCUITS SUPPLIES SUPPLIES SUPPLIES MEDICAL SERVICES MEDICAL SERVICES Expense Approval Register LIST OF BILLS COUNCIL MEETING 1/16/17 Payable Number Post Date Amount 11/28/16-12/22/16 01/16/2017 21.60 11/28/16-12/22/16 01/16/2017 7.99 11/28/16-12/22/16 01/16/2017 35.97 11/28/16-12/22/16 01/16/2017 243.95 11/28/16-12/22/16 01/16/2017 319.45 11/28/16-12/22/16 01/16/2017 20.67 11/28/16-12/22/16 01/16/2017 91.98 11/28-12/22/16 01/16/2017 216.13 11/28-12/22/16 01/16/2017 318.02 11/28-12/22/16 01/16/2017 78.54 Vendor ACE HARDWARE, MCHENRY Total: 11354.30 INV0003245 01/16/2017 118.25 Vendor ADAMS, RUSSELL Total: 118.25 6889462 01/16/2017 27.00 Vendor AMERICAN RED CROSS Total: 27.00 11/29/16-12/18/16 01/16/2017 114.31 Vendor AT&T Total: 114.31 12/8/16-12/30/16 01/16/2017 12/8/16-12/30/16 01/16/2017 12/8112/30/16 01/16/2017 Vendor BIG R STORE Total: 182493 01/16/2017 176109 01/16/2017 Vendor CENTEGRA OCCUPATIONAL HEALTH Total: CLOTHING ALOW 12/1-12/31/16 01/16/2017 SUPPLIES/CLOTHING ALLOW DEC 2016 01/16/2017 SUPPLIES/CLOTHING ALLOW DEC 2016 01/16/2017 Vendor CINTAS CORPORATION LOC 355 Total: CABLE TV - 222 MCHENRY AVE 1/11/17-2/10/17 CABLE TV - 1415 INDUSTRIAL 1/12/17-2/11/17 INTERNET-REC CENTER 1/3/17-2/2/17 CABLE TV -333 S GREEN 1/8/17-2/7/17 PUMPING FEES 11/21/16-12/22/16 PUMPING FEES 11/21/16-12/22/16 UTILITIES 11/22/16-12/27/16 UTILITIES 11/22-12/27/16 UTILITIES 11/22-12/27/16 SALT SUPPLIES 71562908 01/16/2017 01/16/2017 01/13/2017 01/16/2017 Vendor COMCAST CABLE Total 01/16/2017 01/16/2017 01/16/2017 01/1i/2017 01/16/2017 Vendor COMED Total: 01/16/2017 273.84 9.60 504.90 788.34 30.00 30.00 60.00 452.53 203.74 104.48 760.75 408.33 352.69 1,754.20 2,325.21 342.33 168.36 4,942.79 4,400.79 1/11/2017 1;40:14 PM Expense Approval Register Vendor Name Account Number COMPASS MINERALS AMERICA 270-00-6110 Vendor: CONSTELLATION NEWENERGY INC CONSTELLATION NEWENERGY 100-33-5520 CONSTELLATION NEWENERGY 100-44-5510 CONSTELLATION NEWENERGY 100-45-5510 CONSTELLATION NEWENERGY 100-46-5510 CONSTELLATION NEWENERGY 100-33-5520 CONSTELLATION NEWENERGY 510-32-5510 CONSTELLATION NEWENERGY 510-31-5510 CONSTELLATION NEWENERGY 510-32-5510 CONSTELLATION NEWENERGY 100-42-5510 CONSTELLATION NEWENERGY 510-31-5510 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-33-6110 CRESCENT ELECTRIC SUPPLY CO 100-33-6110 CRESCENT ELECTRIC SUPPLY CO 510-32-6110 CRESCENT ELECTRIC SUPPLY CO 100-45-6110 CRESCENT ELECTRIC SUPPLY CO 510-32-6110 CRESCENT ELECTRIC SUPPLY CO 620-00-6270 Vendor: DIRECT FITNESS SOLUTIONS DIRECT FITNESS SOLUTIONS 400-40-6142 Vendor: DOCUMENT IMAGING DIMENSIONS INC DOCUMENT IMAGING 620-00-6210 Vendor: DREISILKER ELECTRIC MOTORS INC DREISILKER ELECTRIC MOTORS 100-33-6110 DREISILKER ELECTRIC MOTORS 100-33-6110 Vendor: DUFFY, DANIEL DUFFY, DANIEL 510-32-5410 Vendor: DURA WAX COMPANY INC, THE DURA WAX COMPANY INC, THE 100-01-6110 DURA WAX COMPANY INC, THE 100-01-6110 Vendor: EDESIGN CHICAGO EDESIGN CHICAGO 100-41-5330 Vendor: ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP ED'SAUTOMOTIVE/JIM'S 100-33-5370 ED'SAUTOMOTIVE/JIM'S 510-31-5370 ED'SAUTOMOTIVE/JIM'S 510-35-5370 Vendor: FGM ARCHITECTS FGM ARCHITECTS 440-00-8200 Vendor: FOX VALLEY FIRE &SAFETY FOX VALLEY FIRE &SAFETY 225-00-5110 FOX VALLEY FIRE &SAFETY 225-00-5110 Packet: APPKT00691 - 1/16/17 AP Description (Item) Payable Number Post Date Amount SALT SUPPLIES 7156895 01/16/2017 2,968.61 Vendor COMPASS MINERALS AMERICA Total: 7,369.40 UTILITIES 11/22/16-12/27/16 01/16/2017 23,899.94 UTILITIES 11/22/16-12/27/16 01/16/2017 31.33 UTILITIES 11/22/16-12/27/16 01/16/2017 877.85 UTILITIES 11/22/16-12/27/16 01/16/2017 32.36 UTILITIES 11/22/16-12/27/16B 01/16/2017 21789.29 UTILITIES 11/22/16-12/27/1A 01/16/2017 29.67 PUMPING FEES 11/28/16-12/27/16 01/16/2017 71007,07 PUMPING FEES 11/28/16-12/27/16 01/16/2017 13,028.45 UTILITIES 11/16/16-12/18/16 01/16/2017 145.96 PUMPING FEES 11/21/16-12/22/16 01/16/2017 21829.49 Vendor CONSTELLATION NEWENERGY INC Total: 501671.41 SUPPLIES 5501533980.004 01/16/2017 -734.38 SUPPLIES S501533980.005 01/16/2017 756A3 SUPPLY CREDIT S501534314.001 01/09/2017 -367.19 SUPPLY CREDIT S502690086.002 01/09/2017 -17.78 SUPPLIES S502704829.001 01/16/2017 512.20 SUPPLIES S503018204.001 01/16/2017 15.86 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 165.14 SUPPLIES 231082 01/16/2017 327.40 Vendor DIRECT FITNESS SOLUTIONS Total: 327.40 TONER SUPPLIES 317876 01/16/2017 98.00 Vendor DOCUMENT IMAGING DIMENSIONS INC Total: 98.00 SUPPLY CREDIT C128042 01/16/2017 -505.85 SUPPLIES 1030878 01/16/2017 593.95 Vendor DREISILKER ELECTRIC MOTORS INC Total: 88.10 REIMB CDL LICENSE INV0003237 01/16/2017 60.00 Vendor DUFFY, DANIEL Total: 60.00 SUPPLIES 387226 01/16/2017 39.00 SUPPLIES 387440 01/16/2017 89.60 Vendor DURA WAX COMPANY INC, THE Total: 128.60 WEB & ELECT DEISIGN FOR 2105805 01/16/2017 600.00 Vendor EDESIGN CHICAGO Total: 600.00 VEHICLE INSPECTIONS DEC 2016 01/16/2017 174.00 VEHICLE INSPECTIONS DECEMBER 2016 01/16/2017 29.00 VEHICLEINSPECTIONS DECEMBER2016 01/16/2017 43.00 Vendor ED'S AUTOMOTIVE/JIM'S MUFFLER SHOP Total: 246.00 PD & ADMIN OFFICE MUNICIPAL RADIO MAINT RADIO INSTALLATION 16-2188.01-6 01/16/2017 Vendor FGM ARCHITECTS Total: IN00030616 01/16/2017 IN00050358 01/16/2017 Vendor FOX VALLEY FIRE &SAFETY Total: 8,310.00 8,310.00 1,118.00 195.00 1,313.00 1/11/2017 1:40:14 PM Expense Approval Register Vendor Name Account Number Vendor: FRONTIER CHIROPRACTIC FRONTIER CHIROPRACTIC 100-00-3410 Vendor: GERSTAD. RYAN & KAITY GERSTAD. RYAN & KAITY 510-35-5110 Vendor: GORNIAK, PAT GORNIAK, PAT 100-45-5430 Vendor: HRGREEN HRGREEN 270-00-8600 HRGREEN 270-00-8600 HRGREEN 740-00-5220 HRGREEN 740-00-5220 Vendor: ILLINOIS AUDIO PRODUCTIONS ILLINOIS AUDIO PRODUCTIONS 620-00-5110 Vendor: ILLINOIS DEPT OF NATURAL RESOURCES ILLINOIS DEPT OF NATURAL 100-43-5110 Vendor: INTERNATIONAL CODE COUNCI! INC INTERNATIONALCODE 100-03-5410 Vendor: INTUITIVE TOUCH MASSAGE THERAPY INTUITIVE TOUCH MASSAGE 100-41-5110 Vendor: DIMS MCHENRYAUTO BODY JIMS MCHENRY AUTO BODY 610-00-5960 Vendor: LANG AUTO GROUP, GARY LANG AUTO GROUP, GARY 100-04-6945 Vendor: LES MILLS UNITED STATES TRADING INC LES MILLS UNITED STATES 400-40-5110 Vendor: LEXISNEXIS LEXISNEXIS 100-22-5110 Vendor: MCHENRYANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-32-6110 MCHENRY ANALYTICAL WATER 510-32-6110 Vendor: MCHENRY COUNTY CHIEFS OF POLICE MCHENRY COUNTY CHIEFS OF 100-22-5430 Vendor: MCHENRY COUNTY DIV OF TRANSPORTATION MCHENRY COUNTY DIV OF 100-01-5110 Vendor: MCHENRY COUNTY RECORDER OF DEEDS MCHENRY COUNTY RECORDER 510-31-6940 MCHENRY COUNTY RECORDER 510-32-6940 Description (Item) TEMPSIGN REFUND SANITARY SEWER REPAIR CDL LICENSE REIMB STREET PROGRAM BV CURRAN RETAINED PERSONNEL - RETAINED PERSONNEL Payable Number 16-11-043 INV0003247 INV0003248 14-108983 3-108984 108816 108820 Packet: APPKT00691 , 1/16/17 AP Post Date 01/16/2017 Vendor FRONTIER CHIROPRACTIC Total: 01/16/2017 Vendor GERSTAD. RYAN & KAITYTotal: 01/16/2017 Vendor GORNIAK, PAT Total: 01/16/2017 01/1 V2017 01/16/2017 01/1 V2017 Vendor HRGREEN Total: QTRLY MESSAGE ON HOLD 105276 01/16/2017 Vendor ILLINOIS AUDIO PRODUCTIONS Total: 2017 BOAT LICENSE RENEWAL 1/4/17 01/16/2017 Vendor ILLINOIS DEPT OF NATURAL RESOURCES Total: MEMBERSHIP RENEWAL DUES 3114217 01/16/2017 Vendor INTERNATIONAL CODE COUNCIL INC Total: FALL CONTRACTUAL PROGRAM 10/19/16-11/18/16 01/16/2017 Vendor INTUITIVE TOUCH MASSAGE THERAPY Total: VEHICLE REPAIRS-P&R 5736 01/16/2017 Vendor JIMS MCHENRY AUTO BODY Total: 9/1/15-8/31/16 SALES TAX INV0003238 01/16/2017 Vendor LANG AUTO GROUP, GARY Total: JAN 2017LICENSE FEE SIV360763 01/16/2017 Vendor LES MILLS UNITED STATES TRADING INC Total: RE AL TIME PHONE SEARCHES- 20161231 01/16/2017 Vendor LEXISNEXIS Total: NITROGEN WATER SAMPLES 592855 01/16/2017 NITROGEN SAMPLES 592856 01/16/2017 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: MONTHLY LUNCHEON INV0003239 01/16/2017 Vendor MCHENRY COUNTY CHIEFS OF POLICE Total: DEC 2016 MCRIDE SHARE DEC 2016 01/16/2017 Vendor MCHENRY COUNTY DIV OF TRANSPORTATION Total: RECORDING FEES 12/19/16 01/16/2017 RECORDING FEES 12/19/16 01/16/2017 Vendor MCHENRY COUNTY RECORDER OF DEEDS Total: Amount 30.00 30.00 4,342.98 4,342.98 65.00 1,374.76 26,217.72 166.00 166.00 27,924.48 135.00 42.00 42.00 135.00 135.00 234.50 234.50 1,394.80 1,394.80 270,167.52 270,167.52 197.00 197.00 112.50 112.50 60.00 120.00 180.00 45.00 45.00 2,946.08 2,946.08 140.00 260.00 1/11/2017 1:40:14 PM Expense Approval Register Packet: APPKT00691-1/16/17 AP Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: MCHENRY TOWNSHIP FIRE PROTECTION DIST MCHENRY TOWNSHIP FIRE 100-23-5110 2ND QTR DISPATCH REVENUE INV0003241 01/16/2017 6,437.02 Vendor MCHENRYTOWNSHIP FIRE PROTECTION DIST Total: 6,437.02 Vendor: MCKEEN, BRIAN 1 MCKEEN, BRIAN J 100-22-5420 TRAVEL EXP REIMB INV0003240 01/16/2017 16.00 Vendor MCKEEN, BRIAN J Total: 16.00 Vendor: MINUTEMAN PRESS OF MCH MINUTEMAN PRESS OF MCH 100-47-6110 SUPPLIES 87523 01/16/2017 31&50 Vendor MINUTEMAN PRESS OF MCH Total: 316.50 Vendor: NAPA AUTO PARTS MPEC NAPA AUTO PARTS MPEC 100-03-5370 VEHICLE REPAIR SUPPLIES DEC 2016 01/16/2017 127.28 NAPA AUTO PARTS MPEC 100-22-5370 VEHICLE REPAIR SUPPLIES DEC 2016 01/16/2017 11596,15 NAPA AUTO PARTS MPEC 100-33-5370 VEHICLE REPAIR SUPPLIES DEC 2016 01/16/2017 833.86 NAPA AUTO PARTS MPEC 100-45-6110 VEHICLE REPAIR SUPPLIES DEC 2016 01/16/2017 118,33 NAPA AUTO PARTS MPEC 510-31-5370 VEHICLE REPAIR SUPPLIES DEC 2016A 01/16/2017 73,87 NAPA AUTO PARTS MPEC 510-32-5370 VEHICLE REPAIR SUPPLIES DEC 2016A 01/16/2017 350.83 NAPA AUTO PARTS MPEC 510-35-5370 VEHICLE REPAIR SUPPLIES DEC 2016A 01/16/2017 161.04 Vendor NAPA AUTO PARTS MPEC Total: 3,261.36 Vendor: NEUMANN JR, EDWARD J NEUMANN JR, EDWARD J 740-00-6960 PARKING LOT RENTAL FEB 2017 FEB 2017 01/16/2017 500.00 Vendor NEUMANN JR, EDWARD J Total: 500.00 Vendor: NEW ALBERTSONS INC NEW ALBERTSONS INC 100-01-6940 SUPPLIES 12/22/16 01/16/2017 44.99 Vendor NEW ALBERTSONS INC Total: 44.99 Vendor: NICHOLS, JODY NICHOLS, JODY 100-41-3636 PARKS & REC PROGRAM 151641 01/16/2017 40.00 Vendor NICHOLS, JODY Total: 40.00 Vendor: NIR ROOF CARE INC NIR ROOF CARE INC 100-01-5110 ROOF CARE MAINT 112833 01/16/2017 11200,00 Vendor NIR ROOF CARE INCTotal: 1,200.00 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 100-01-6110 LIGHTSUPPLIES 17306266 01/16/2017 17.27 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 17.27 Vendor: PENZE, JACQUELINE S PENZE, JACQUELINE S 100-46-5110 BALLROOM DANCE 10/17/16-11/28/16 01/16/2017 340.00 Vendor PENZE, JACQUELINE S Total: 340.00 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9982471 01/16/2017 24.72 PETROLIANCE LLC 100-45-6250 VEHICLE FUEL 9982474 01/16/2017 80.22 PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9972815 01/16/2017 49A3 PETROLIANCE LLC 100-45-6250 VEHICLE FUEL 9972818 01/16/2017 21532,00 PETROLIANCE LLC 100-03-6250 VEHICLE FUEL 9976562 01/16/2017 11.11 Vendor PETROLIANCE LLC Total: 2,697.18 Vendor: REGNER, WILLIAM J REGNER, WILLIAM J 100-03-5430 BOCA MTG REIMB INV0003292 01/16/2017 15,00 Vendor REGNER, WILLIAM J Total: 15.00 Vendor: RESERVE ACCOUNT RESERVE ACCOUNT 100-01-5310 POSTAGE FOR MAILING INV0003242 01/16/2017 3638 RESERVE ACCOUNT 100-02-5310 POSTAGE FOR MAILING INV0003242 01/16/2017 91.54 RESERVE ACCOUNT 100-03-5310 POSTAGE FOR MAILING INV0003242 01/16/2017 39.08 RESERVE ACCOUNT 100-04-5310 POSTAGE FOR MAILING INV0003242 01/16/2017 288.05 RESERVE ACCOUNT 100-22-5310 POSTAGE FOR MAILING INV0003242 01/16/2017 229.16 RESERVEACCOUNT 100-41-5310 POSTAGE FOR MAILING INV0003242 01/16/2017 54.07 RESERVE ACCOUNT 510-31-5310 POSTAGE FOR MAILING INV0003243 01/16/2017 267,41 Vendor RESERVE ACCOUNT Total: 1,006.09 1/11/2017 1:40:14 PM Expense Approval Register Packet: APPKT00691- 1/16/17 AP Vendor Name Account Number Description (Item) Payable Number Post Date Amount Vendor: RIVERSIDE BAKE SHOP RIVERSIDE BAKE SHOP 100-01-6940 MEETING 12/31/16 01/16/2017 4.10 RIVERSIDE BAKE SHOP 100-30-6950 MEETING 12/31/16 01/16/2017 66.81 RIVERSIDE BAKE SHOP 610-00-5960 MEETING 12/31/16 01/16/2017 10.09 Vendor RIVERSIDE BAKE SHOP Total: 81.00 Vendor: S&S WORLDWIDE INC S&S WORLDWIDE INC 100-46-6920 SPECIAL EVENT SUPPLIES 9435733 01/16/2017 67.27 S&S WORLDWIDE INC 100-46-6920 SPECIAL EVENT SUPPLIES 9438764 01/16/2017 10.99 Vendor S&S WORLDWIDE INC Total: 78.26 Vendor: SCHWALENBERG, RYAN SCHWALENBERG, RYAN 100-03-5430 BOCA MTG REIMB INV0003293 01/16/2017 15,00 Vendor SCHWALENBERG, RYAN Total: 15.00 Vendor: SEXTON, ERIC M SEXTON, ERIC M 100-22-5440 TUITION REIMB INV0003244 01/16/2017 899,02 Vendor SEXTON, ERIC M Total: 899.02 Vendor: SHAW MEDIA SHAW MEDIA 100-01-5330 LEGAL PUBLICATIONS DEC 2016 01/16/2017 124,20 SHAW MEDIA 100-41-5330 LEGAL PUBLICATIONS DEC 2016 01/16/2017 152,80 SHAW MEDIA 510-31-6110 LEGAL PUBLICATIONS - BID DECEMBER 2016 01/16/2017 119.00 Vendor SHAW MEDIA Total: 396.00 Vendor: SHERMAN MECHANICAL INC SHERMAN MECHANICAL INC 100-01-6110 CONTRACTUAL SERVICES W17665 01/16/2017 365.00 Vendor SHERMAN MECHANICAL INC Total: 365.00 Vendor: STANARD & ASSOCIATES INC STANARD & ASSOCIATES INC 100-21-5110 CONTRACTUAL SERVICES SA000033171 01/16/2017 395.00 Vendor STANARD & ASSOCIATES INC Total: 395.00 Vendor: STANS LPS MIDWEST STANS LPS MIDWEST 620-00-5110 IT/NETWORK MANAGED 325360 01/16/2017 1,672.00 STANS LPS MIDWEST 620-00-6210 ADMIN COPIER METER READ 325553 01/16/2017 94.65 STANS LPS MIDWEST 620-00-6210 PD/ADMIN COPIER METER 325560 01/16/2017 334.29 Vendor STANS LPS MIDWEST Total: 21100.94 Vendor: TRANS US INC TRANE US INC 100-01-5110 CONTRACTUAL SERVICES 37465234 01/16/2017 11035,00 TRANE US INC 100-01-5110 CONTRACTUAL SERVICES 37521040 01/16/2017 31256,00 Vendor TRANE US INC Total: 41291.00 Vendor: US BANK EQUIPMENT FINANCE US BANK EQUIPMENT FINANCE 100-22-5110 PD COPIERS-500-0401564 #33 OF 60 01/16/2017 225.00 US BANK EQUIPMENT FINANCE 100-01-5110 ADMIN COPIER-500-0389299 #36 of 60 01/16/2017 311.00 US BANK EQUIPMENT FINANCE 100-33-5110 PW COPIERS-500-0361445 #45 OF 60 01/16/2017 73.00 US BANK EQUIPMENT FINANCE 510-31-5110 PW COPIER-500-0361445 #45A OF 60 01/16/2017 73.00 US BANK EQUIPMENT FINANCE 510-32-5110 PW COPIER-500-0361445 #45A OF 60 01/16/2017 73.00 US BANK EQUIPMENT FINANCE 510-35-5110 PW COPIER-500-0361445 #45A OF 60 01/16/2017 73.00 Vendor US BANK EQUIPMENT FINANCE Total: 828.00 Vendor: VERIZON WIRELESS VERIZON WIRELESS 620-00-5110 WIRELESS FOR PD LAPTOP 9778063278 01/16/2017 38.01 VERIZON WIRELESS 100-33-5320 CELL PHONE USAGE 9778063279 01/16/2017 25.82 VERIZON WIRELESS 510-31-5320 WASTE WATER IPAD USAGE 9778063279A 01/16/2017 126.61 VERIZON WIRELESS 510-32-5320 WASTE WATER IPAD USAGE 9778063279A 01/16/2017 25.82 Vendor VERIZON WIRELESS Total: 216.26 Vendor: WASTE MANAGEMENT OF WVMN WASTE MANAGEMENT OF WI- 510-32-5580 SLUDGE REMOVAL 0031158-2742-4 01/16/2017 71170.83 Vendor WASTE MANAGEMENT OF WI -MN Total: 7,170.83 Vendor: WITT, CINDY WITT, CINDY 100-46-6110 DANCE COSTUME REIMB INV0003291 01/16/2017 569.84 Vendor WITT, CINDY Total: 569.84 Grand Total: 419,600.54 1/11/2017 1:40:14 PM Expense Approval Register Packet: APPKT00691- 1/16/17 AP Fund Summary Fund 100-GENERAL FUND 225-ALARM BOARD FUND 270- MOTOR FUEL TAX FUND 400 - RECREATION CENTER FUND 440 -CAPITAL IMPROVEMENTS FUND 510- WATER/SEWER FUND 610 - RISK MANAGEMENT FUND 620- INFORMATION TECHNOLOGY FUND 740 -RETAINED PERSONNEL ESCROW Grand Total: Expense Amount 326,096.01 1,313.00 34,961.88 2,941.59 8,310.00 40,915.03 11434,89 21796,14 832,00 419,600.54 Vendor Name Expense Approval Register McHenry, IL #2 LIST OF BILLS COUNCIL MEETING 1/16/17 Account Number Description (Item) Payable Number Post Date Amount Vendor: ACE TOWING &RECOVERY ACE TOWING & RECOVERY 100-22-5110 SQCARTOWING po03156 01/16/2017 40.00 Vendor ACE TOWING & RECOVERY Total: 40.00 Vendor: ADAMS ENTERPRISES INC, R A ADAMS ENTERPRISES INC, R A 100-33-5370 strobes 792308 01/16/2017 421.35 ADAMS ENTERPRISES INC, R A 510-35-5370 balance drive shaft 792466 01/16/2017 55.90 ADAMS ENTERPRISES INC, RA 100-33-5370 cylinders 793546 01/16/2017 541.50 ADAMS ENTERPRISES INC, R A 100-33-5370 angle rams 794205 01/16/2017 455.87 ADAMS ENTERPRISES INC, RA 510-35-5370 hose 794227 01/16/2017 18.94 Vendor ADAMS ENTERPRISES INC, R A Total: 1,493.56 Vendor: ADAMS STEEL SERVICE INC ADAMS STEEL SERVICE INC 100-33-5370 box 337562 01/19/2017 94.94 ADAMS STEEL SERVICE INC 100-33-5370 steel 337836 01/16/2017 38.00 Vendor ADAMS STEEL SERVICE INC Total: 132.94 Vendor: ALTHOFF INDUSTRIES INC ALTHOFF INDUSTRIES INC 510-32-5380 Sludge Building boiler repairs S393603 01/16/2017 525.00 Vendor ALTHOFF INDUSTRIES INC Total: 525.00 Vendor: ARAMARK ARAMARK 100-33-4510 uniforms (sweatshirt, hat, face 17167992 01/16/2017 88.97 ARAMARK 100-45-4510 Dillon Clothing 17189149 01/16/2017 92.42 Vendor ARAMARK Total: 181.39 Vendor: ARCO MECHANICAL EQUIPMENT SALES ARCO MECHANICAL 100-33-5115 Callibration sery on Carb Mon 15710 01/16/2017 11350,00 Vendor ARCO MECHANICAL EQUIPMENT SALES Total: 1,350.00 Vendor: AUTO TECH CENTERS INC AUTO TECH CENTERS INC 100-22-5370 tires 276313 01/16/2017 307.84 Vendor AUTO TECH CENTERS INC Total: 307.84 Vendor: BOTTS WELDING & TRUCK SERVICE INC BOTTS WELDING &TRUCK 100-33-5370 u-joint 12/21/16 01/16/2017 134.27 Vendor BOTTS WELDING & TRUCK SERVICE INC Total: 134.27 Vendor: BUSS FORD SALES BUSS FORD SALES 100-22-5370 jumpers 5023930 01/16/2017 40.32 BUSS FORD SALES 100-33-5370 fuel housing 5024127 01/16/2017 149.14 BUSS FORD SALES 100-22-5370 repair 6036893 01/16/2017 564.45 Vendor BUSS FORD SALES Total: 753.91 Vendor: CRESCENT ELECTRIC SUPPLY CO CRESCENT ELECTRIC SUPPLY CO 100-33-6110 light ballasts S502642582.003 01/16/2017 57.58 CRESCENT ELECTRIC SUPPLY CO 100-33-6110 fluorescent light S502642582.004 01/16/2017 205.65 CRESCENT ELECTRIC SUPPLY CO 100-33-6110 light bulbs. vendor S503034247.001 01/16/2017 159.79 Vendor CRESCENT ELECTRIC SUPPLY CO Total: 423.02 Vendor: FAST EDDIES CAR WASH FAST EDDIES CAR WASH 100-22-5370 SQ CAR WASHES 11/7/16-11/14/16 01/16/2017 75.85 Vendor FAST EDDIES CAR WASH Total: 75.85 Vendor: FASTENAL FASTENAL 100-33-6115 bit and screws ILMCH2O668 01/16/2017 50.85 FASTENAL 510-32-5380 Misc Supplies ILMCH2O727 01/16/2017 114.90 Vendor FASTENAL Total: 165.75 Vendor: FRY, ROBERTJ FRY, ROBERTJ 100-45-6110 sign lettering 2016556 01/16/2017 160.00 Vendor FRY, ROBERT J Total: 160.00 1/11/2017 1:45:19 PM Expense Approval Register Vendor Name Account Number Vendor: HACH COMPANY HACH COMPANY 510-31-6110 Vendor: HANSEN'S ALIGNMENT, DON HANSEN'S ALIGNMENT, DON 100-22-5370 Vendor:HRGREEN HRGREEN 510-32-5110 Vendor: INTERSTATE BILLING SERVICE INC INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 100-33-5370 INTERSTATE BILLING SERVICE 510-32-5370 Vendor: ISAWWA ISAW WA 100-30-5430 Vendor: J G UNIFORMS INC J G UNIFORMS INC 100-22-6110 Vendor: KIMBALL MIDWEST KIMBALL MIDWEST 100-33-5370 KIMBALL MIDWEST 100-33-5370 Vendor: LAFARGE NORTH AMERICA LAFARGE NORTH AMERICA 100-33-6110 LAFARGE NORTH AMERICA 100-45-6110 Vendor: MCCANN INDUSTRIES INC MCCANN INDUSTRIES INC 100-33-6115 Vendor: MCHENRY ANALYTICAL WATER LABORATORY INC MCHENRY ANALYTICAL WATER 510-31-5110 Vendor: MCHENRY POWER EQUIPMENT INC MCHENRY POWER EQUIPMENT 100-45-6110 MCHENRY POWER EQUIPMENT 510-32-6110 Vendor: MCHENRY SPECIALTIES MCHENRY SPECIALTIES 100-22-6210 Vendor: MID AMERICAN WATER OF WAUCONDA INC MID AMERICAN WATER OF 510-35-6110 MID AMERICAN WATER OF 510-35-6110 Vendor: MIDWEST HOSE AND FITTINGS INC MIDWEST HOSE AND FITTINGS 510-32-5375 MIDWEST HOSE AND FITTINGS 100-33-5370 Vendor: MOTOROLA SOLUTIONS - STARCOM21 NETWORK MOTOROLA SOLUTIONS - 100-22-5320 Description (Item) Payable Number Hach Reagents-InvK0253469 10253469 alignment u, ariPLL�I]F.TiI u-joint cable motor hold down ISAW WA Conference PROMOTION ITEMS stock stock CM-6 recycle grade 9. vendor Crushed gravel Packet: APPKT00700 -14647 RE Ci INVOICE Post Date Amount 01/16/2017 431.29 Vendor HACH COMPANY Total: 431.29 1/5/17 01/16/2017 75.00 Vendor HANSEN'S ALIGNMENT, DON Total: 75.00 108818 01/16/2017 1,521.75 Vendor HRGREEN Total: 1,521.75 3004741507 01/16/2017 120.17 3004904346 01/16/2017 83.94 3004932150 01/16/2017 49.59 3004960832 01/16/2017 240.62 Vendor INTERSTATE BILLING SERVICE INC Total: 494.32 200026095 01/16/2017 250.00 Vendor ISAW WA Total: 250.00 43892 01/16/2017 VendorJ G UNIFORMS INC Total: 5285314 01/16/2017 5332123 01/16/2017 Vendor KIMBALL MIDWEST Total: 706641862 01/16/2017 706641862A 01/16/2017 Vendor LAFARGE NORTH AMERICA Total: form release 5 gal, 1 1/8" form, 03201261 01/16/2017 Vendor MCCANN INDUSTRIES INCTotal: Repeat Fluoride 12/16 - 592888 01/16/2017 Vendor MCHENRY ANALYTICAL WATER LABORATORY INC Total: Shop supplies 198456 01/16/2017 Snowblower parts 197880 01/16/2017 Vendor MCHENRY POWER EQUIPMENT INC Total: PLAQUE -KING 2016-1032 01/16/2017 Vendor MCHENRY SPECIALTIES Total: Brass, clamps 183573W-1 01/16/2017 Sewer fittings 183706W 01/16/2017 Vendor MID AMERICAN WATER OF WAUCONDA INC Total: 2" Cam lock fittings and M18573 01/16/2017 fittings M18594 01/16/2017 Vendor MIDWEST HOSE AND FITTINGS INC Total: STARCOM NETWORK 26682103116 01/16/2017 Vendor MOTOROLA SOLUTIONS - STARCOM21 NETWORK Total 315.00 315.00 261.30 358.30 619.60 88.33 81.18 169.51 241.84 as.00 38.85 9.59 48.44 90.00 90.00 311.26 107.00 140.10 2,286.00 2,286.00 1/11/2017 1:45:19 PM Expense Approval Register Vendor Name Account Number Vendor: NETWORKFLEEf INC NETWORKFLEET INC 100-33-6110 Vendor: NORTHWEST ELECTRICAL SUPPLY CO INC NORTHWEST ELECTRICAL 100-45-6110 Vendor: OLSEN SAFETY EQUIPMENT CORP OLSEN SAFETY EQUIPMENT 100-33-6110 Vendor: PETROLIANCE LLC PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-22-6250 PETROLIANCE LLC 510-35-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 510-35-6250 PETROLIANCE LLC 510-32-6250 PETROLIANCE LLC 510-31-6250 PETROLIANCE LLC 100-33-6250 PETROLIANCE LLC 100-33-5370 Vendor: PETTIBONE & CO, P F PETTIBONE & CO, P F 100 22-6110 PETTIBONE & CO, P F 100-22-4510 PETTIBONE & CO, P F 100-22-6110 Vendor: PITEL SEPTIC INC PITELSEPTIC INC 100-45-5110 Vendor: REBARS &STEEL COMPANY REBARS &STEEL COMPANY 100-33-6115 Vendor: REICHE'S PLUMBING SEWER RODDING CORP REICHE'S PLUMBING SEWER 510-31-5110 Vendor: RELIABLE SAND &GRAVEL RELIABLE SAND &GRAVEL 100-45-6110 Vendor: SIRCHIE FINGER PRINT LABORATORIES SIRCHIE FINGER PRINT 100-22-6210 Vendor: SMITH MEDICAL PARTNERS SMITH MEDICAL PARTNERS 100-22-6110 Vendor: SPRING ALIGN OF PALATINE INC SPRING ALIGN OF PALATINE 100-33-5370 Vendor: STEINER ELECTRIC COMPANY STEINER ELECTRIC COMPANY 510-31-6110 Description (Item) GPS trucks Electrical Supplies gloves,glasses. vendor SQ CAR FUEL SQ CAR FUEL SQ CAR FUEL fuel fuel fuel SQ CAR FUEL fuel fuel fuel fuel fuel fuel fuel fuel oil bulk UNIFORM UNIFORM BADGES Portable toilets EFi�:f.77 Payable Number osv000000575247 Packet: APPKT00700 - 1.16.17 RECT INVOICE Post Date Amount 01/16/2017 Vendor NETWORKFLEET INC Total: 17306104 01/16/2017 Vendor NORTHWEST ELECTRICAL SUPPLY CO INC Total: 0338801-IN 01/16/2017 Vendor OLSEN SAFETY EQUIPMENT CORP Total: 9964997 01/16/2017 9972820 01/16/2017 9976567 01/16/2017 9982472 01/16/2017 9982473 01/16/2017 9982475 01/16/2017 9982476 01/16/2017 9972788 01/16/2017 9972816 01/16/2017 9972817 01/16/2017 9972819 01/16/2017 9976537 01/16/2017 9976563 01/16/2017 9976564 01/16/2017 9976566 01/16/2017 9978036 01/16/2017 Vendor PETROLIANCE LLC Total: 171294 01/16/2017 171320 01/16/2017 171407 01/16/2017 Vendor PETTIBONE & CO, P F Total: 13584 01/16/2017 Vendor PITEL SEPTIC INC Total: 70832 01/16/2017 Vendor REBARS &STEEL COMPANY Total: Remove Galy. Plumbing -Install 12-8-16 01/16/2017 Vendor REICHE'S PLUMBING SEWER RODDING CORP Total: Grade 9 6428 01/16/2017 Vendor RELIABLE SAND & GRAVEL Total: INVESTIGATIVE SUPPLIES NARCAN springs 0282528-IN 01/16/2017 Vendor SIRCHIE FINGER PRINT LABORATORIES Total: 9006644536 105455 Electric Heater Tower 3 Control 500557928.001 01/18/2017 Vendor SMITH MEDICAL PARTNERS Total: 01/16/2017 Vendor SPRING ALIGN OF PALATINE INC Total: 01/16/2017 Vendor STEINER ELECTRIC COMPANYTotal: 282.74 282.74 197.89 197.89 288.60 �Ts�cli 1,736.68 1,442.56 1,333.44 256.27 18.50 341.65 539.20 183.29 333.83 96.48 3,142.53 164.37 182.64 76.30 1,071.16 2,525.86 13,444.76 195.00 99.98 1,282.00 1,576.98 150.00 15D.00 340.60 340.60 290.00 290.00 32.69 32.69 138.16 138.16 180.00 180.00 1,030.13 1,030.13 392.00 392.00 1/11/2017 1:45:19 PM Expense Approval Register Vendor Name Account Number Vendor: SUPER AGGREGATES SUPERAGGREGATES 100-33-6110 Vendor: TOPS IN DOG TRAINING CORP TOPS IN DOG TRAINING CORP 100-22-6310 Vendor: ULTRA STROBE COMMUNICATIONS INC ULTRA STROBE 100-22-5370 ULTRA STROBE 100-22-5370 Vendor: USA BLUEBOOK USA BLUEBOOK 510-32-5380 USA BLUEBOOK 510-32-5380 Vendor: VERMEER-ILLINOIS INC VERMEER-ILLINOIS INC 100-33-5370 Packet: APPKT00700 -14647 RECT INVOICE Description (Item) Payable Number Post Date Amount 3" crushed concrete 0032923 01/16/2017 171.12 Vendor SUPER AGGREGATES Total: 171.12 K-9 18643 01/16/2017 300.97 Vendor TOPS IN DOG TRAINING CORP Total: 300.97 INSTALL RADIO 071883 01/16/2017 2,476.90 INSTALL RADIO 071945 01/16/2017 150.00 Vendor ULTRA STROBE COMMUNICATIONS INC Total: 2,626.90 Polymer Cleaner, Fire Hose 140159 01/16/2017 279.06 Polymer Cleaner, Fire Hose 140160 01/16/2017 193.90 Vendor USA BLUEBOOK Total: 472.96 teeth PA4996 01/16/2017 11096,20 Vendor VERMEER-ILLINOIS INC Total: 1,096.20 Grand Total: 35,872.34 1/11/2017 1:45:19 PM Page 4 of 5 Expense Approval Register Packet: APPKT00700 - 14647 RE Ci INVOICE no 100-GENERAL FUND S10 - WATER/SEWER FUND Fund Summary Grand Total: Expense Amount 29,935495 5/936439 35,872.34 C. < S Office of the City Administrator Derik Morefield, City Administrator 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 www.ci.mchenry.il.us AGENDA SUPPLEMENT TO: Mayor and City Council FROM: Derik Morefield, City Administrator FOR: January 16, 2017 Regular City Council Meeting RE Request for a Liquor License Classification Transfer from Al to A from I.M. Stein, Inc. d/b/a Big Fran's Boardwalk Gaming (aka Stue's Pizza & Ribs) located at 3401 West Elm Street, and Ordinance decreasing number of Class Al licenses and increasing the number of Class A liquor licenses in effect. ATT: Letter of Request, Application, and Proposed Ordinance Agenda Item Summary: A request was submitted by Mr. Fritz Larson, president and operator of I. M. Stein, Inc. d/b/a Stuc's Pizza & Ribs located at 3401 West Elm Street, to transfer his current Class Al liquor license to a Class A liquor license. If approved, the attached ordinance increasing the number of Class A liquor licenses in effect is required. Back ram: The Class Al license currently issued to Mr. Larsen authorizes the sale of beer and wine for consumption on premises and retail sale of package beer and wine. The change to a Class A license will permit him to include the service of alcoholic liquors. Mr. Larsen is changing the name of his McHenry location to Big Fran's Boardwalk Gaming. The business will open at 10:00 AM with a limited menu and expand to a full menu at 4:00 PM daily. The city has issued a permit to Mr. Larson for interior renovations that include two new bathrooms. Anal.: Mr. Larsen was issued a City of McHenry liquor license in March 2014, when he purchased the business known as Stuc's Pizza. He also owns two alcohol establishments in Johnsburg, IL: Big Fran's Boardwalk Gaming and Halftime Bar & Grill. Mr. Larson and his employees are conversant with the Illinois Liquor Control regulations. All associated fees have been paid and all required documents were submitted. Recommendation: The Council will be asked to make a motion to 1) approve the transfer of liquor classification from Class Al to Class A as presented and, 2) approve an Ordinance decreasing the number of Class Al licenses and increasing the number of Class A liquor licenses in effect. The City of McHenry is dedicated to providing its citizeirs, businesses, and visitors with the highest qual/ty of programs and services in acustomer-oriented, effreient, and frscauy responsible manner. . M. Stein, Inc. 2405 West Johnsburg Road Johnsburg, IL 60051 Phone (815) 344=0007 Fax (815) 344-0334 October 17, 2016 City of McHenry 333 South Green Street McHenry, IL 60050 To Whom it May Concern: I'm planning on doing some renovations to 3401 W. Elm St. in McHenry a.k.a. Stuc's Pizza and Ribs, and at the same time alter my business philosophy as well. The plan is to put in new restrooms, create more room for gaming, and put some cooking equipment behind the bar. The new name for the business would be called, Big Fran's Boardwalk Gaming. We will still be serving fresh made Stuc's Pizza, The main changes will be, we no longer deliver pizzas and we will have a limited menu. This decision will allow this location to operate at its maximum potential. I've been a local resident for the majority of my life and I have owned local businesses for almost 25 years. I've done business in McHenry for six years, and I own the property that I do business on. Big Fran's is named in honor of my late mother, Frances Larsen. She was a resident of McHenry for 50 years and very active in the community, 5% of all the gaming revenue from this location will be donated to local charities that Frances supported through the Frances Larsen Foundation. Charities and nonprofit organization's such as Pads, Home of the Sparrow, McHenry Food Pantry, McHenry Pigtail & Little League, just to name a few. Any consideration to help this process would be appreciated. Sincerely, Fritz L. Larsen Fritz L Larsen Owner I. M. Steiin, Inc. 2 $05 West Johnsburg Road Johnsburg, IL 60051 Phone (815) 344-0007 Fax (815) 344-0334 December 237 2016 Mayor Susan Low City of McHenry 333 S Green Street McHenry, IL 60050 Dear Mayor Low: Our current business model offers a full menu for carryout or delivery. Despite serving an excellent consistent product, we have seen business drop over the last couple of years, mostly due to the pizza chains that are basically giving product away. This is one of the main reasons I applied for the liquor license and added the games a couple years back. The new business model will feature three more games and it is necessary for us to put in two new bathrooms. From 10 am to 4 pm we will have a limited menu, expanding to a full menu at 4 pm daily. The main difference in the mornings will be working with a premade pizza adding toppings, while in the evening, we will be adding sauce, cheese and ingredients ourselves making it the Stuc's way. Both menus will feature pizza bread, pizza puffs and cheesy breadsticks and we are experimenting with other oven baked appetizers to add to the menu. In the summer months we may offer sub sandwiches and in the winter soup and chili. As we originally applied for a beer and wine liquor license with the City Of McHenry, with this letter I am turning in a new application for a full bar liquor/beer license for service on premise. A(I staff members will be Bassett certified before re -opening the doors after our remodel, hopefully in February 2017. My Basset certification recently lapsed and I will get that taken care of prior to February 2017. I've entered my seventh year as a business owner in the City Of McHenry and look forward to doing business in the town I grew up in for years fio come. Thank you for your consideration, 815.245.4189 License No. 1. Date Issued Date Effective NAME OF BUSINESS, ADDRESS, &TELEPHONE #.: CITY OF MCHENRY APPLICATION FOR LIQUOR LICENSE UNDER CITY OF MCHENRY LIQUOR CONTROL ORDINANCE FISCAL YEAR 201612V 0 TO BE FILED WITH THE OFFICE OF THE MAYOR ALL LICENSES EXPIRE APRIL 30 FOLLOWING DATE OF ISSUANCE Fee Received Date Received Receipt Issued On ) l 1 Check No. Cashier's Chk. Cert. Check Cash ._I`f'p Please indicate form of ownership: C PARTNERSHIP INDIVIDUALISOLE PROP. IF CORPORATION: - -�---- 2. Corporation Name: Corporate Address*��� Corporate Phone Number: ,� 3 i EMAIL:!1.L 3. State of Incorporation: ► .d ® kS 4. IF PARTNERSHIP: Name: Corporate Address: Corporate Phone Number: EMAIL: 5. State of Incorporation: IF INDIVIDUAL/SOLE PROP: 6. Applicant's Full Name: Date of Birth: Residence Address: 7, Home Phone: Business Phone: EMAIL: Citizen of U.S.? If a naturalized citizen, when and where naturalized? Courtin which (or law under which) naturalized: (A) If Applicant is a PARTNERSHIP, give name and address of all partners holding 5% or more of the partnership interest: (B) If Applicant is CORPORATION, give name, address and telephone number of owners holding 5% or more shares and registered agent: CT 2016 PAGE TWO 10, If Applicant and Local Manager are npt the same, give name, address and telephone number of Local Manager: Local Manager's: Date of Birth: Place of Birth: NP+ rrJ Citizen of U.S.? 11 Principal Type of Business: a. 12. What is current zoning for this property? 5 13. Type of License Sought: 14. Date on which business was begun at this location: 0 15. Does applicant own premises for which license is sought?If not, state name and address of owner and attach copy of executed lease. 16. If property is owned by a land trust, trustee must file affidavit disclosing names and addresses of all beneficial owners and percentage of interest. 17. Is the location of applicant's business for which license is sought within one hundred feet of any church, school (except institutions of higher education), hospital, home for aged or indigent persons or for veterans and their families or any military or naval station? 130 A. If answer to the above is "YES", is the applicant's place of business a hotel offering restaurant service, a regularly organized club, a food shop or other place where the sale of liquor is to the principal business? If yes, how long has place of business been in operation? 18. If applicant has ever engaged in the business or sale of alcoholic liquor at retail, list address of all locations (may attach supplemental sheet). 19. Illinois State Liquor License Number:, Attached copy of State Liquor License Certificate. 20. Give applicant's Retailer's Occupational tax (ROT) Registration Number. z �t M 5 vt03 $ 21. Are you delinquent in the payment of the Retailer's Occupational Tax (Sales Tax), and if so, the reasons therefore: LAd 22. If this application is for a new license or a transferred license, attach to this Application a copy of Applicant's balance sheet and operating statement for the past three years, or if not available, other proof of financial responsibility. �3. State name and address of dram shop insurance company for both the licensee and owner of the building in which the alcoholic liquor will be �,� sold for the duration of the license AND attach a copy of the declaration page showing the insured parties and amounts of coverage. 24, Describe parking facilities available to the business: SocsTS ON ?2 �^ '� �� ► w%nGGD 25. Are you familiar with all the laws of the United States, State of Illinois and ordinances of the City of McHenry pertaining to the sale of alcoholic liquor; and will you abide by them? ��C ---- 26. Will you maintain the entire premises in a safe, clean and sanitary manner free from conditions, which might cause accidents? 27. Will you attempt to prevent rowdiness, fights and disorderly conduct of any kind and immediately notify the McHenry Police Department is any such events take place? y�,r.� 28. Has any manufacturer, importing distributor or distributor of alcoholic liquors directly or indirectly paid or agreed to pay for this license, advanced money or anything else of value or any credit (other than merchandising credit in the ordinary course of business for a period not in excess of 90 days), or is such a person directly or indirectly interested in the ownership, conduct or operation of the place of business? X�fb_If answer is "YES", give particulars: 29. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation or the local manager, or in the case of partnership, any of the partners, ever been convicted of any violation of any law pertaining to alcoholic liquors? A9d answer is "YES", explain: 30. Have you, or in the case of a corporation, the owners of 5% or more shares of the corporation and the local manager, or in the case of a partnership, any of the partners, ever been convicted of either a felony or a misdemeanor? )[ If so, please describe: 31. Is any individual who is directly or indirectly interested in applicant's place of business, alaw-enforcing official or elected public official (mayor, alderman, and member of any City commission, committee or board)? � n If so, please state name and address of such person: 2016 PAGE THREE W\32. List your occupation or employment with addresses thereof for the past 10 years (if partnership or corporation, list same information for each partner and the local manager— (please attach). oFC .KT'tr LA%XZ5>' 6*�D ®w Cv1tLtS1�+�Cy Et V�+ScZ �.M 5T �r wa T^G l Q, tc 5 5 i5 u 33. Have you ever been convicted of a gambling offense (if a partnership or corporation, include all partners, owners of 5% or more shares of the corporation and the local manager)? m_ If so, give all details: 34. Has any owners) or members) of a Partnership been issued a federal gaming devise stamp or a federal wagering stamp by the federal government for the current tax period? If a Corporation, has any officer, manager, or director thereof; or, any stockholder owning in the aggregate more than twenty (20) percent of the stock, been issued a federal wagering devise stamp or a federal wagering stamp by the federal government for the current tax period? 35. Will you and all your employees refuse to serve or sell alcoholic liquor to an intoxicated person or to a minor? V 36, Have you, or any partner, or owner of 5% or more shares of the corporation or local manager, ever had a liquor license revoked or suspended? 37. If so, give all details, including location of the licensed property (please attach). CAUTION: Failure to provide accurate or complete information may result in the suspension and/or revocation of your liquor license and/or the issuance of a fine. No person holding a license issued by the City of McHenry shall, in the conduct of the licensed business or upon the licensed premises, either directly or through the agents or employees of the licensee. 1. Violate or permit a violation of any federal law or state statue. 2. Violate or permit a violation of any City ordinance or resolution regulating the sale of alcoholic liquor or relating to the eligibility of the licensee to hold a liquor license. 3. Violate or permit a violation of any rule or regulation of the Illinois Liquor Control Commission, as revised from time to time. 4. Permit the sale of andlor consumption of any alcoholic beverages outdoors absent a specific permit granted by the McHenry City Council however; provided, outside sales and/or consumption shall be permitted from the hours of 11:00 a.m. to 4:30 p.m. during Sidewalk Sales on the Saturday preceding Parade Day during Fiesta Days. 5. During Fiesta Days Celebrations on Parade Day, sell or serve (a) carryout alcoholic beverages (not including packaged liquor sales); or (b) alcoholic beverages in non -original containers, such as plastic cups. Only original containers, such as cans, bottle or glassware may be used. 6. Allowing fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons and/or employees of licensee as defined in the McHenry City Code, to take place on the licensed premises or on, about andlor adjacent to the property where the licensed premises is located. 7. Allow patrons to serve or distribute alcoholic beverages to minors on the licensed premises or allow minors to drink alcoholic beverages on the licensed premises. 8. Fail to call the City Police Department upon the violation of any City ordinance or state law relating to fighting, disorderly conduct or excessive noise constituting a nuisance or tumultuous conduct of patrons andlor employees on the licensed premises. 2016 PAGE FOUR STATE OF ILLINOIS ) )SS COUNTY OF MCHENRY ) I, the undersigned, being first duly sworn, deposes and says that I (we), have read the above and foregoing Application, caused the answers to be provided thereto and all of the information given on said Application to be true and correct, and consent to investigation and background check by the Local Liquor Control Commissioner or his designee and agree to comply with all City Ordinances and the rules stated on this application. SOLE PROPRIETOR: Signature of Applicant Subscribed and sworn to before me this PARTNERSHIP: (Authorized Agent of the Partnership) Signature Name Title CORPORATION: (Authorized Agent Signature Print Name. Title MANAGER: Signature of L`acal Manager 2016 day of , 20 NOTARY PUBLIC Subscribed and sworn to before me this A NOTARY PUBLIC Subscribed and sworn to before me this day of IC Subscribend sworn to k 15 day o KRISTA L BENNETT OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires December 27, 2018 KRISTA L SENNETT OFFICIAL SEAL Notary Public, State of Illinois My Commission Expires December 27, 2018 ORDINANCE NO. MC474142 AN ORDINANCE Decreasing the number of Class Al Liquor Licenses (Stuc's Pizza & Ribs) and Increasing the Number of Class A Liquor Licenses (Big Fran's Boardwalk Gaming) WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, IL,LINOIS, as follows: SECTION l: Section 4-6(1) of the Municipal Code relating to liquor license classifications is hereby amended by: • decreasing the number of Class "Al" Liquor Licenses in effect from three (3) to two (2) and; • increasing the number of Class "A" Liquor License in effect from twenty-nine (29) to thirty (30). SECTION 2: All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 3: This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 4.: This ordinance shall be in full force and effect from and after its passage, approval and publication, as provided by law. PASSED and APPROVED this 16th day of January 2017. Voting Aye: Voting Nay: Abstaining: Absent: ATTEST: City Clerk Mayor i CART 0 F T" RT 4 0 "X I VM Derik Morefield, City Administrator McHenry Municipal Center 333 Green Street McHenry, Illinois 60050 Phone: (815) 363-2100 Fax: (815) 363-2119 dmorefield@ci.mchenry.il.us REGULAR AGENDA SUPPLEMENT DATE: January 16, 2017 TO: Mayor and City Council FROM: Derik Morefield, City Administrator John Jones, Police Chief RE: Motion to Authorize the Mayor and City Clerk to Execute a Collective Bargaining Agreement Between the City of McHenry and Illinois Fraternal Order of Police, representing City of McHenry Telecommunicators, Community Service Officers and Records Clerks (Unit II) for the period May 1, 2017 through April 30, 2021 ATT: Collective Bargaining Agreement Agenda Item Summary: The purpose of this agenda item is to present, for consideration by Council, a four (4) year contract renewal between the City of McHenry and the Illinois Fraternal Order of Police (FOP), representing City of McHenry Telecom municators, Community Service Officers and Records Clerks (Unit II) and for the consideration of a motion to authorize the Mayor and City Clerk to execute this collective bargaining agreement. Background/Analysis: The previous three (3) year contract with FOP/Unit II covered a period beginning May 1, 2014 and is set to expire this upcoming April 30, 2017. During this period, annual cost of living increases for wages were identified at 2.0%, 2.25% and 2.25%. Additionally, during this same period, health insurance contributions from Unit II personnel were increased to allow for adjustments to health insurance costs. These increases varied based on the type of plan (PPO, HRA, HMO) and the type of coverage (Single, Single + Spouse, Single + Children, Family). As we move forward with the dispatch center (NERCOM) expansion, renovation and consolidation of a number of new dispatch employees to McHenry, it is important to make sure that the upcoming Unit II contract be in place. This creates long-term stability as it relates to shifts, workload expectations, benefits, grievance procedures, discipline, and other issues. The City of McHenry is dedicated to providing the citizens, businesses and visitors of McHenry with the highest quality of programs and services in acustomer-oriented, efficient and fiscally responsible manner. While not directly relevant to the Unit II contract, an important point to highlight is that, based on the establishment of NERCOM, the partnerships with Woodstock, Harvard and the McHenry Township Fire Protection District, and the expansion of our customer base to include a total of sixteen (16) jurisdictions that the direct costs attributable to the City of McHenry are reduced because of the distribution of costs among the partner agencies and the increased revenues resulting from taking on new customers. Specifically, the cities of Woodstock and Harvard will be taking on an overall 53.2% of the liability and the City of McHenry will be responsible for 46.8% of that cost. We must also take into consideration the fact that with the advent of NERCOM we are offsetting both our cost and that of our two partners by the revenue that we bring in for billing dispatch services to the customers we have taken on in this consolidation. To date our anticipated revenue coming into the center for the fiscal year 17/18 will be approximately $930,760. Offsetting that from anticipated costs to operate the center, we project that McHenry's costs will go from approximately $1,135,000 of total attributed costs to the center for the City of McHenry in fiscal year 2016/17 to approximately $800,000. This represents a $335,000 reduction in costs for the City in the upcoming fiscal year. In terms of direct personnel costs, our pre -consolidation personnel expenses for FY16/17 are $1,132,628. The estimated post -consolidation (after May 1, 2017) personnel expenses are estimated at $2,236,376. This increase is the result of being fully staff with the transition of dispatchers from Woodstock and Harvard per the IGA's. However, because of the cost sharing mentioned above and the referenced increases in revenues, McHenry Is portion of these costs are $1,046,634, or 46.8%, of $2,236,376. This is a reduction of $86,004.03 in personnel costs to the City of McHenry. Other reductions are realized through the sharing of overhead expenses. The City Administration -represented by the City Administrator, Police Chief, and Deputy Police Chief - met with representatives of FOP/Unit II twice over the last two weeks to discuss a number of operational and wages/benefits issues related to contract renewal. Based on these discussions it is the opinion of the City Administration that we were able to quickly reach a reasonable agreement that addresses both the operational issues and wages/benefits. The term of the contract is proposed for four (4) years beginning May 1, 2017 and ending April 30, 2021. Notably, the May IA start date coincides with the start date of the Intergovernmental Agreement signed with our dispatch partners the City of Woodstock and City of Harvard. While a majority of the new contract maintained the same language/terms as the previous contract, some changes were made to ensure that the contract reflects the operational needs of the dispatch center as well as to ensure the efficiency of operations as we increase our workforce in the coming year. This mostly included amending language to reflect the twelve (12) hour shifts now being worked by dispatch staff (agreed upon previously as a side letter of agreement); clarifications regarding shift bidding, vacation bidding and overtime; and the inclusion of language to ensure compliance with the Family Medical Leave Act (FMLA). Not surprisingly, wages and benefits were at the core of contract discussions and the following adjustments are proposed for the four-year contract period: May 1, 2017 through April 30, 2017 - 2.50% May 1, 2018 through April 30, 2019 - 2.75% May 1, 2019 through April 30, 2020 - 2.50% May 1, 2020 through April 30, 2021- 2.75% As a reminder the McHenry Police Patrol (Unit I) contract that was approved on February 15, 2016 included wage adjustments of 2.5%, 2.75%, 2.75% and, as such, the amounts identified above for Unit II are in line with those approved for Unit I. A discussion regarding comparables is usually part of the justification for wage increases. As a result of dispatch consolidation, there are only two other local comparables — McHenry County Sheriff and SEECOM. The contracts for both of these entities have expired and they are in the process of being renegotiated so no new wage comparisons are currently available. However, the most recent McHenry County Sheriff contract, also with the Fraternal Order of Police, was a four year contract at 2.75%, 3.0%, 3.0%, 3.0%. Unfortunately, SEECOM cannot be used as a comparable because their wages and benefits are structured differently than most other public dispatch facilities._ In addition to wages, insurance contributions (identified as both a percentage and a dollar cap in the contract document) are being adjusted to ensure that changes to the city's overall health insurance costs can be similarly adjusted in the premiums paid by users of the insurance. It should be noted that these are the same as agreed to for the Unit I contract and that non - bargaining unit employees are charged the same rates for insurance as the amounts identified as part of the FOP contracts. The City Administration has ensured that there is an appropriate opportunity for increasing insurance costs to employees, as needed, built into the caps. Further, and importantly, the FOP/Unit II agreed to health insurance caps for only the first two years of the contract so that these amounts can be revisited and adjusted appropriately at the same time as the Unit I contract is renegotiated in 2019. Recommendation: Therefore, if Council concurs, it is recommended that a motion be made to authorize the Mayor and City Clerk to execute the attached collective bargaining agreement between the City of McHenry and Illinois Fraternal Order of Police, representing the City of McHenry Telecommunicators, Community Service Officers and Records Clerks (Unit II). aId Telecomm unicators, C unity Service icers Offand Records Clerks May 1, 2017 —April 30, 2021 Springfield -Phone: 217-698-9433 /Fax: 217-698-9487 Western Springs -Phone: 708-784-1010 /Fax: 708-784-0058 Web Address: www.fop.org 24-hour Critical Incident Hot Line: 877-IFOP911 PREAMBLE...................................................................................................................................1 ARTICLEI RECOGNITION......................................................................................................1 Section 1.1 Recognition, 1 Section 1.2 Duty of Fair Representation..................................................................................... 1 Section 1.3 New Classifications................................................................................................. 1 ARTICLE 2 UNION SECURITY AND RIGHTS......................................................................2 Section 2.1 Dues and Fair Share Check -Off, ............................................................................... 2 Section2.2 Fair Share................................................................................................................. 3 Section 2.3 Bulletin Board, . 3 Section 2.4 Union Indemnification............................................................................................. 3 Section 2.5 Union Stewards........................................................................................................ 3 ARTICLE 3 MANAGEMENT RIGHTS.....................................................................................4 ARTICLE 4 LABOR-MANAGEMENT MEETINGS...............................................................4 Section4.1 Meeting Request...................................................................................................... 4 Section4.2 Content..................................................................................................................... 5 Section4.3 Attendance............................................................................................................... 5 ARTICLE 5 HOURS OF WORK AND OVERTIME...............................................................5 Section 5.1 General Provisions................................................................................................... 5 Section 5.2 Normal Work Period, Workday and Work Schedule. 5 Section 5.4 Court and Training Time......................................................................................... 6 Section 5.5 Call Back Pay, . 0 0 0 9 0 4 0 0 0 0 a a 0 0 & 6 Section 5.6 Compensatory Time................................................................................................. 6 Section 5.7 Overtime Assignments -Overtime Opportunities. 7 Section5.8 Shift Trades.............................................................................................................. 8 Section 5.9 Shift Assignments and Bidding............................................................................... 8 Section5.10 Training Pay........................................................................................................... 8 ARTICLE 6 SENIORITY, LAYOFF AND RECALL...............................................................8 Section 6.1 Definition of Seniority............................................................................................9 8 Section 6.2 Probationary Period................................................................................................. 9 Section6.3 Seniority List............................................................................................................ 9 Section6.4 Layoff....................................................................................................................... 9 Section6.5 Recall....................................................................................................................... 9 Section 6.6 Termination of Seniority........................................................................................ 10 ARTICLE7 DISCIPLINE..........................................................................................................10 Section7.1 Discipline............................................................................................................... 10 Section 7.2 Progressive Discipline11 Section 7.3 Interrogation Rights............................................................................................... 11 Section 7.4 Pre -disciplinary Conference. . 12 Section 7.5 Grievance Arbitration............................................................................................ 12 ARTICLE 8 GRIEVANCE PROCEDURE..............................................................................12 Section8.1 Definition............................................................................................................... 12 Section8.2 Procedure............................................................................................................... 13 Section8.3 Arbitration.............................................................................................................. 14 Section 8.4 Limitations on Authority of Arbitrator.................................................................. 14 ARTICLE 9 NO STRIKE -NO LOCKOUT..............................................................................15 Section 9.1 Strikes Prohibited................................................................................................... 15 Section 9.2 Job Actions Prohibited15 i Section 9.3 Violations of this Article........................................................................................ 15 Section 9.4 Council Notification of Employees....................................................................... 15 Section9.5 No Lockout............................................................................................................ 15 Section9.6 Judicial Relief........................................................................................................ 16 ARTICLE 10 HOLIDAYS AND PERSONAL BUSINESS LEAVE......................................16 Section10.1 Holidays............................................................................................................... 16 Section 10.2 Eligibility Requirements...................................................................................... 16 Section10.3 Holiday Pay.......................................................................................................... 16 Section 10.4 Personal Business Leave...................................................................................... 17 ARTICLE 11 VACATIONS.......................................................................................................17 Section 11.1 Eligibility and Allowances................................................................................... 17 Section 1 1 .2 :Vacation Pay. 18 Section 11.3: Scheduling and Accrual18 ARTICLE12 SICK LEAVE.......................................................................................................20 Section 1 2. 1 Purpose and Allowance, . 20 Section 12.2 Hours Earned in Accumulation, . 0 0 0 0 20 Section12.3 Notification.......................................................................................................... 20 Section 12.4 Medical Examination........................................................................................... 20 Section 12.5 Sick Leave Utilization.......................................................................................... 21 Section 12.6 Unused Sick Leave.............................................................................................. 21 ARTICLE 13 ADDITIONAL LEAVES OF ABSENCE..........................................................22 Section 13.1 Unpaid Discretionary Leaves. . 0 a a a a 0 & a 6 6 s 6 0 a 0 0 0 * 0 0 * 0 0 0 a 0 0 6 a a & * a 6 0 0 0 0 0 0 0 0 0 0 * 0 0 & a 0 & 6 # a 0 a 6 a a 22 Section13.2 Military Leave...................................................................................................... 22 Section 13.3 Bereavement Leave.............................................................................................. 22 Section13.4 Jury Leave...........................................................................................................0 22 Section 13.5 Family and Medical Leave Act ("FMLA") Leave ............................................... 23 Section 13.6 Application for Leave.......................................................................................... 23 Section 13.7 Benefits While on Unpaid Discretionary Leave .................................................. 23 Section 13.8 Non -Employment Elsewhere23 ARTICLE14 WAGES................................................................................................................24 Section14.1 Base Wage........................................................................................................... 24 Section 14.2 Tuition Reimbursement....................................................................................... 24 Section 14.3 Deferred Compensation Plan(457K)..................................................................0 24 Section 14.4 Lateral Transfers24 ARTICLE 15 UNIFORM ALLOWANCE................................................................................25 Section15.1 Initial Uniform..................................................................................................... 25 Section 15.2 Uniform Allowances and Reimbursement of Uniform Cleaning Expenses ........ 25 Section 15.3 Return of Uniforms and Equipment25 ARTICLE16 INSURANCE........................................................................................................25 Section 16.1 Coverage and Cost. . d 0 0 0 * 0 4 0 0 4 0 a 0 a & 6 0 & 6 0 a 0 0 0 * 0 0 * 0 0 0 * 0 0 0 0 0 s 0 & 0 6 a 0 6 9 0 0 0 4 0 0 0 4 & 0 6 s a s 6 * 6 a 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 * 0 a * 6 & 6 0 9 9 0 0 25 Section 16.2 Cost Containment. . 0 * 0 0 & 0 6 6 0 a 6 6 0 0 0 0 0 0 0 0 0 0 4 * 0 6 6 a 6 0 6 & 0 a 0 0 9 0 0 * 0 0 * a * 0 4 s s & * 0 & 0 * 6 0 0 0 9 9 0 0 9 0 0 * 0 0 * 0 0 0 0 & 0 a * & 6 a a 9 9 0 0 0 0 0 0 0 * a 6 a 25 Section 16.3 Life Insurance...................................................................................................... 26 Section 16.4 Terms of Insurance Policies to Govern, . 0 0 9 9 0 0 0 0 a 0 6 0 a * 0 # 6 0 a 0 6 0 a 0 0 0 0 0 0 0 0 0 0 0 0 * 0 a s 0 & 6 & 6 a * 6 0 0 9 9 0 0 0 4 0 4 6 0 a 6 * 26 Section 16.5 Waiver of Insurance............................................................................................. 26 Section 16.6 Employee Deductible and Co -Insurance Costs................ 6*606* 26 ARTICLE 17 EMPLOYEE ALCOHOL AND DRUG TESTING..........................................29 Section 17.1 Statement of Policy, . 0 9 * 0 0 a 0 * 0 # 6 0 a 6 0 9 9 0 0 0 0 0 0 0 0 0 0 a 0 & 0 # 6 0 6 6 a 6 0 0 0 0 9 0 0 * 0 0 4 0 0 0 0 0 0 * 0 0 a 0 * a 0 0 0 0 9 9 0 9 * 0 9 0 0 0 0 0 0 6 * 6 0 & V V * 0 0 0 29 ii Section17.2 Prohibitions, . 9 0 0 0 9 0 0 * 0 0 0 * 0 0 & & a 0 a & 6 0 & & * 0 & 0 0 0 & & 0 6 a * 6 & a & * 6 0 a 0 0 a * 6 a 6 a * 6 & a & v 6 a a a 6 6 a a & 6 & * a 6 * a 0 a 4 a 0 0 0 0 0 a 0 6 6 0 0 6 a a 6 6 0 4 0 0 * 0 0 0 0 * 29 Section 17.3 Drug and Alcohol Testing Permitted................................................................... 29 Section 17.4 Order to Submit to Testing.................................................................................. 30 Section 17.5 Test to be Conducted........................................................................................... 30 Section 17.6 Disciplinary Action.............................................................................................. 31 Section 17.7 Voluntary Request for Assistance........................................................................ 32 Section17.8 Treatment............................................................................................................. 33 ARTICLE 18 EMPLOYEE STATUTORY RIGHTS..............................................................33 Section 18.1 Personnel Files. . 0 a 6 & & & 6 6 a 9 w 0 4 a a 0 0 0 0 0 0 0 * 9 0 6 0 0 33 Section 18.2 Indemnification.................................................................................................... 33 Section 18.3 Access to Arbitration........................................................................................... 33 ARTICLE 19 GENERAL PROVISIONS..................................................................................33 Section19.1 Gender.................................................................................................................. 33 Section 19.2 Ratification and Amendment. 33 Section 19.3 Fitness Examinations........................................................................................... 34 Section 19.4 Outside Employment. 34 Section19.5 No Smoking......................................................................................................... 34 Section 19.6 Special Assignment Employees, . 35 Section 19.7 Rules and Regulations, . 35 Section 19.8 Inoculations.......................................................................................................... 35 Section 19.9 Communicable Diseases...................................................................................... 35 Section 19.10 Replacement of Personal Property..................................................................... 35 Section 19.11 Location of Meetings. 36 Section 19.12 No Solicitation................................................................................................... 36 ARTICLE 20 SAVINGS CLAUSE............................................................................................36 ARTICLE 21 IMPASSE RESOLUTION..................................................................................37 ARTICLE 22 ENTIRE AGREEMENT.....................................................................................37 ARTICLE 23 TERM OF AGREEMENT.................................................................................37 APPENDIX A - WAGE SCHEDULES......................................................................................39 APPENDIX B - SIDELETTER OF AGREEMENT................................................................41 APPENDIX C - AGREEMENT TO EXTEND TIME LIMITS..............................................43 APPENDIX D - DUES AUTHORIZATION FORM................................................................44 APPENDIX E - UNIT 2 - DISPATCH SCHEDULE PROPOSAL........................................45 iii PREAMBLE THIS AGREEMENT entered into by the CITY OF MCHENRY. ILLINOIS (hereinafter referred to as the "City" or the "Employer") and the ILLINOIS FOP LABOR COUNCIL (hereinafter referred to as the "Union" or "Council" or "Labor Council") is in recognition of the Unions status as the representative of the City's non -sworn full-time Telecommunications Officers, Community Service Officers, and Records Clerks in the Police Department, and has as its intent and purpose being the establishment of an entire agreement covering all rates of pay, hours of work and conditions of employment applicable to bargaining unit employees during the term of this Agreement; the promotion of good working relations between the Employer and the Union; to encourage and improve efficiency and productivity; to prevent interruptions of work and interference with the operations of the City; and the establishment of an orderly procedure for the resolution of grievances as provided herein. Therefore, in consideration of the mutual promises and agreements contained in this Agreement, the Employer and the Union do mutually promise and agree as follows: ARTICLE I RECOGNITION Section 1.1 Recognition The City recognizes the Union as the sole and exclusive collective bargaining representative for employees in bargaining Unit II defined as all full-time Telecommunications Officers, Community Service Officers, and Records Clerks employed by the Police Department of the City (hereinafter referred to as "employees"), but excluding all other employees, including, but not limited to: all sworn officers covered by the Unit I collective bargaining agreement (as defined therein); the Telecommunications Supervisor, Records Supervisor, secretary to the Chief of Police; all part-time or temporary employees including part-time school crossing guards; all non -Police Department employees; and all managerial, supervisory, confidential, professional, short-term, security and craft employees, as defined by the IPLRA (Illinois Public Labor Relations Act). Section 1.2 Duty of Fair Representation The Union recognizes its responsibility as the exclusive bargaining agent for the employees in the bargaining unit covered by this Agreement, and Council agrees to fulfill its duty to fairly represent all employees in the bargaining unit whether or not they are members of the Union. Section 1.3 New Classifications The Employer shall promptly notify the Union of its decision to implement any new classifications pertaining to work of a nature performed by employees in the bargaining unit. If the new classification is a successor title to a classification covered by the Agreement and the job duties are not significantly altered or changed, the new classification shall automatically become a part of this Agreement. If the new classification contains a significant part of the work now being done by any of the classifications covered by this Agreement, or whose functions are similar to employees in this bargaining unit, and the new job classification may fall within the bargaining unit, the parties will then meet within thirty (30) days to review the proposed classification and, if unable to reach agreement as to its inclusion or exclusion from the unit, the Employer and Council agree to jointly petition the ILRB (Illinois Labor Relations Board) to seek the necessary unit clarification. 1 The Employer shall be free to implement its decision pending the outcome of the unit clarification petition and/or negotiations. If the inclusion of the proposed classification is agreed to by the parties or found appropriate under the Illinois Public Labor Relations Act, the parties shall then negotiate as to the proper pay grade for the classification. ARTICLE 2 UNION SECURITY AND RIGHTS Section Z.1 Dues and Fair Share Check -Off While this Agreement is in effect, the City will deduct the appropriate bi-weekly amount of dues or fair share fees from each employee in the bargaining unit who has filed with the City a lawful, voluntary, effective check off authorization form. Check -off authorization forms shall be supplied to the City by the Union, and will be provided to newly hired employees at the same time such employees are requested to complete other required employment documents. The City will honor all executed check off authorization forms received no later than ten (10) working days (i.e., days the City's administrative offices are open) prior to the next deduction date. If a conflict exists between the check -off authorization form and this Article, the terms of this Article and Agreement control. The City shall provide the Union with an opportunity to meet with all newly hired bargaining unit members on or before their respective starting dates for the purpose of explaining the benefits of membership in the Union. This privilege is subject to being discontinued in the event that a labor organization other than the Union should file a valid representation petition with the ISLRB claiming to represent a majority of the bargaining unit members. Total deductions collected for each month shall be remitted by the City to the Council by the tenth (1 Oth) of the following month, together with a list of employees for whom deductions have been made. Dues and fair share fees deducted shall be sent to the official address designated in writing to the Employer by the Council. The Union agrees to refund to the employee any amount paid to the Council in error on account of this dues deduction provision. Dues or fair share shall be withheld and remitted to the Council unless or until such time as the City receives ten (10) working days written notice of revocation of dues and fair share check -off from an employee, or other timely notice of an employee's death, transfer from covered employment, termination of covered employment, or when there are insufficient funds available in the employee's earnings after withholding all other legal and required deductions. Information concerning dues and fair share not deducted under this Article shall be forwarded to the Union, and this action will discharge the City's only responsibility with regard to such cases. The City shall provide the Union with a copy of any revocation of dues deduction authorization within seven (7) calendar days of the date the revocation is received by the City. Semi-annually, the City shall provide the Union with a list of all employees in the bargaining unit, their fair share/dues status, and the amount paid in the previous six-month period. Deductions shall cease at such time as a strike or work stoppage occurs in violation of Article 9 (No Strike -No Lockout). The actual dues and fair share amounts to be deducted shall be certified in writing to the City by the Council. Dues and fair share fees shall each be uniform in dollar amount for all employees in order to ease the Employer's burden of administering this provision. The Council may change the fixed uniform dollar amounts of its regular monthly dues and fair share fees once each calendar year during the life of this Agreement. The Council will give the City thirty (30) calendar days' notice of any such change in the amount of uniform dues or fair share fees to be deducted. 2 Section 2.2 Fair Share During the term of this Agreement, bargaining unit members who are not members of the Council shall, commencing thirty (30) days after their employment, or thirty (30) days after the effective date of this Agreement, whichever is later, pay a uniform fair share fee to Council for collective bargaining and contract administration services rendered by Council, provided that the fair share fee shall not exceed the dues attributable to being a member of the Council. Council shall periodically submit to the City a list of members covered by the Agreement who are not members of Council. The fair share fee shall not include contributions related to the election or support of any candidate for political office, or for any member only benefit. The Labor Council agrees to assume full responsibility to insure full compliance with the requirements set forth by the United States Supreme Court in Chicago Teachers Union v. Hudson, 106 U.S. 1066 (1986), with respect to the constitutional rights of fair share payers as well as all applicable provisions of the Illinois Public Labor Relations Act and rules and regulations promulgated there under relating to fair share fees. It is specifically agreed that any dispute a fair share fee payer may have with the Council concerning the amount of the fair share fee and/or the responsibilities of the Council with respect to fair share payers shall not be subject to the grievance and arbitration procedure set forth in this Agreement. Non-members who object to this fair share fee based upon bona fide religious tenets or teachings shall direct the Council to pay an amount equal to such fair share fee to a non -religious charitable organization mutually agreed upon by the employee and the Council. If the affected non-member and the Council are unable to reach agreement on the organization, the organization shall be selected by the affected non-member from an approved list of charitable organizations established by the Illinois State Labor Relations Board and the payment shall be made to said organization. Section 2.3 Bulletin Board The City will make available space on a bulletin board in the Police Department for the posting of official Union business which is germane to its role as the exclusive bargaining representative and which are not defamatory or derogatory in nature. The Union will limit the posting of Union business to such bulletin board. The posting of political materials shall be limited to notice of meetings wherein political issues will be addressed, proposed agenda of political topics to be discussed, and the posting of any final action taken by the Council with respect to said political issues via the posting of meeting minutes. Section 2.4 Union Indemnification The Union shall indemnify, defend and hold harmless the City and its officials, representatives and agents against any and all claims, demands, suits or other forms of liability (monetary or )therwise) and for all legal costs that shall arise out of or by reason of action taken or not taken by the City in complying with the provisions of this Article. Section 2.5 Union Stewards For purposes of the Agreement, the term "Union Stewards" shall refer to Union employees designated by the bargaining unit as representatives of the bargaining unit and "Union Stewards" shall refer to the Union's duly elected union stewards. The Union will maintain (and keep current) with the Employer a complete written list of its Union Stewards and other agents (including their addresses and telephone numbers) who will deal with the City. 3 ARTICLE 3 MANAGEMENT RIGHTS Except as specifically limited by the express provisions of this Agreement, the City retains all traditional rights to manage and direct the affairs of the City in all of its various aspects and to manage and direct its employees, to make and implement decisions with respect to the operation and management of its operations in all respects, including, but not limited to, the following: to plan, direct, control and determine all the operations and services of the City; to determine the police department's mission, policies, procedures, and to set all standards of service offered in the community; to determine the budget, and to allocate budgetary priorities; to utilize and select suppliers and subcontractors; to supervise and direct the working forces; to establish the qualifications for hire and conditions for continued employment; to determine standards of conduct, both on and off duty, to the extent permitted by federal and state law; to select, hire, train, evaluate, promote, demote and transfer employees; to schedule and assign work and work duties; to assign overtime; to establish and enforce work, productivity and performance standards and, from time to time, to change those standards; to determine the methods, means, organization and number of personnel by which City operations and services shall be provided or purchased; to determine whether services are to be provided by employees covered by this Agreement or by other employees or non -employees not covered by this Agreement (provided such action does not result in layoffs in violation of the IPLRA); to make, alter and enforce rules, regulations, orders and policies; to change or eliminate existing methods, equipment or facilities; to layoff or discipline for just cause; and to take any and all actions as may be necessary to carry out the mission, duties and responsibilities of the City in situations of local disaster of civil emergencies as may be formally declared by the Mayor or his designee, the provisions of this agreement notwithstanding. It is the sole discretion of the Mayor or his designee to declare that a local disaster of civil emergency condition exists. In the event of such emergency action, the provisions of this Agreement may be suspended. A local disaster of civil emergency shall include, but is not limited to, riots, civil disorder, and natural or manmade disaster conditions. ARTICLE 4LRBOR-MANAGEMENT MEETINGS Section 4.1 Meeting Request The Council and the City agree that, in the interest of efficient management and harmonious employee relations, meetings be held up to once quarterly at the request of either party or at other times mutually agreed between Council representatives and the Chief and/or the City Administrator. Such meetings may be requested by either party at least seven (7) days in advance by placing in writing a request to the other for a "labor-management meeting" and expressly providing the agenda for such meeting. Such meetings and locations, if mutually agreed upon, shall be limited to: (a) discussion on the implementation and general administration of this Agreement; (b) a sharing of general information of interest to the parties; (c) notifying the Council of changes in conditions of employment contemplated by the Employer which may affect employees; (d) issues or concerns involving safety. Section 4.2 Content It is expressly understood and agreed that such meeting shall be exclusive of the grievance procedure. Specific grievances being processed under the grievance procedure shall not be considered at "labor-management meetings" nor shall negotiations for the purpose of adding to or altering any of the terms of this Agreement be carried on at such meetings. Section 4.3 Attendance Attendance at labor-management meetings shall be voluntary on the employee's part, and attendance by off -duty personnel during such meetings shall not be considered time worked for compensation purposes. If, at the quarterly labor management meeting or meetings, scheduled at the request or consent of the City during the regularly scheduled duty hours of one or two employee Union representatives, and if it is mutually agreed between the Chief or his designee and the Union, such employee Union representative(s) shall be released from duty without loss of pay, provided they shall remain available to return to duty if needed. Normally, up to three (3) persons from each side shall attend these meetings, schedules permitting. ARTICLE 5 HOURS OF WORK AND OVERTIME Section 5.1 General Provisions Purpose of Article: The Sole purpose of this Article is to provide a basis for the calculation of straight time, overtime and other premium wages. The Employer's pay records, practices, policies and other procedures shall govern the payment of all wages. No Guarantee of Work: Nothing in this Article shall be construed as a guarantee of hours of work. This Article is intended only as a basis for computing overtime consistent with the provisions of the Fair Labor Standards Act. This Article is not intended to establish a right to compensation in any form for time not worked except as specifically provide for in this Agreement. No Pyramiding_ Compensation shall not be paid more than once for the same hours under any provision of this Agreement. Section 5.2 Normal Work Period, Workday and Work Schedule Shift Employees normal work schedules are defined per Appendix E. Shift Employees normal work shall reflect the attached twelve (12) hour work schedule which is based on 2080 hours per year. The workday includes a paid forty-five (45) minute lunch break. Except in an emergency, employees shall not be required to work more than twelve (12) hours in any twenty-four (24) hour period but employees may sign up for overtime but may not work more than sixteen (16) hours in any twenty-four (24) period. Changes in Normal Work Period, Workday and Work Schedule: The shifts, workdays and hours to which employees are assigned shall be stated per Appendix E. Subject to the provisions of Section 5.8 herein, should it be necessary in the interest of efficient operations to temporarily alter or reassign the regular and normal workday, work period, work shift or work schedule, absent unexpected circumstances or an emergency, the City shall give at least twenty-four (24) 5 hours' notice to the individuals affected by any such change. The Employer will not change work schedules for the purpose of avoiding the payment of overtime. Section 5.3 Court and Training Time Employees who would otherwise be off -duty shall be paid a minimum of two (2) hours pay at their applicable overtime rate of pay for all hours worked when (1) appearing in court on behalf of the City in the capacity of a police department employee, or (2) when preparing for an off - duty court appearance when in the presence of a prosecuting attorney, or (3) when participating in mandatory off -duty training exercises. The two (2) hour minimum shall not apply where (1) the court or training time precedes within two (2) hours of the employee's regular work shift or (2) the court or training time immediately follows an employee's regular work shift. Lunch periods in connection with court time shall not be counted toward hours worked. Employees driving to/from approved seminars or training should use a City vehicle for this purpose. If a City vehicle is not available, or upon prior approval of the City Administrator, the use of an employee's personal vehicle may be allowed. Expenses for the use of a personal vehicle may be reimbursed up to the current IRS rate. Employees who are enrolled in pre -approved seminars or training at facilities located more than seventy-five (75) miles from the City of McHenry (or an any other time at the discretion of the City) may be encouraged to utilize lodging at the site of the training rather than rely on mileage reimbursements. Employees should seek the approval of the City Administrator prior to daily driving to and from training at locations greater than seventy-five (75) miles. Any training scheduled on a twelve (12) hour work day that is scheduled for eight (8) hours constitutes a twelve (12) hour work day. Section 5.4 Call Back Pay A call back is defined as a work assignment which does not immediately precede or follow an employee's regularly scheduled working hours. An employee called back to work after having left work shall receive a minimum of two (2) hours pay at overtime rates, unless the individual is called back by his supervisor to rectify his own error. Section 5.5 Compensatory Time Telecommunicators: Employees shall be permitted to accrue forty-four (44) hours of compensatory time. Once they use any part of their compensatory time bank, they may replenish the time to a maximum of forty-four (44) hours at any time. Compensatory time off shall be used in a minimum of one (1) hour increments and counted towards hours of work for purposes of calculating overtime. Two (2) business day notice must be given before requests for compensatory time will be approved. Accumulated compensatory time in excess of twelve (12) hours shall be paid to the affected employee on the first scheduled payroll in the next calendar year. Employee shall be permitted to carry a maximum of accumulation of twenty-four (24) hours of their compensatory time from year to year. Volunteers to work overtime for another employee taking compensatory time shall be required to receive a cash payout and not receive compensatory time. Overtime rates will apply. Records / CSO: Employees shall be permitted to accrue forty (40) hours of compensatory time. Once they use any part of their compensatory time bank, they may replenish the time to a maximum of forty (40) hours at any time. Compensatory time off shall be used in a minimum of one (1) hour increments and counted towards hours of work for purposes of calculating overtime. C� Two (2) business day notice must be given before requests for compensatory time will be approved. Accumulated compensatory time in excess of eight (8) hours shall be paid to the affected employee on the first scheduled payroll in the next calendar year. Employee shall be permitted to carry a maximum of accumulation of twenty-four (24) hours of their compensatory time from year to year. Section 5.6 Overtime Assignments -Overtime Opportunities The Chief of Police or designee shall have the right to require overtime work, and employees may not refuse overtime assignments. Also, specific employees may be selected for special assignments based upon specific skills, ability and experience they may possess. Overtime shall be based on any hours worked or paid, except for sick hours outside of the regularly scheduled eighty (80) hour work period. Telecommunicators: The City may hire back one (1) or more Telecommunicators. Overtime opportunities shall be assigned in the following order: Twelve (12) Hour Shift Procedures: 1. Manpower Assignments must be offered by seniority in full time block increments to full- time Telecommunicators who are not scheduled to work on the day of the overtime opportunity. 2. If no one voluntarily takes the full time block increment in 1 then the shift will be split into (4) four hours increments and the preceding and oncoming shift employees will be offered overtime by seniority. Any remaining hours of work will be then forwarded to 3. 3. If no one volunteers in 1 or 2, or if there are remaining hours left after 2 is completed, said hours will be offered to Part -Time Dispatchers. 4. All remaining hours will be filled by reverse seniority. Dispatchers on their RDO will be ordered by reverse seniority to fill the shift vacancy. Eight (8) Hour Shift Procedures (Saturdays): 1. Saturday manpower shift shortages will be split into a maximum of (4) four hour increments and the preceding and oncoming shift employees will be offered overtime by seniority. 2. If no one voluntarily takes the Saturday manpower shift shortage in 1 the Dispatchers who are on their RDO will be offered the overtime on a seniority basis. Any remaining hours of work will be then forwarded to 3. 3. If no one volunteers in 1 or 2, or if there are remaining hours left after 2 is completed, said hours will be offered to Part -Time Dispatchers. 4. All remaining hours will be filled by reverse seniority. Dispatchers on duty that are working the preceding or oncoming shift will be ordered by reverse seniority to fill the shift vacancy in a maximum of (4) four hour increments. If no supervisor is working, members of the bargaining unit will make all calls necessary to follow the above described method of allocation of overtime. If an error in providing these opportunities occurs, the only relief available to the member of the bargaining unit who has lost out on an overtime opportunity will be limited to giving that employee the primary right to work overtime when the next overtime opportunity exists, provided that each step has been followed correctly, employees who volunteer for an overtime assignment, regardless of full-time or part- 7 time status, cannot be removed from that assignment by a more senior employee unless they volunteer to give it up Section 5.7 Shift Trades By mutual agreement between employees and with the consent of the Chief or his designee, subject to the operating needs of the department, individual employees may bid shift changes in addition to the annual bid on a daily or longer basis. Section 5.8 Shift Assignments and Bidding Consistent with the following limitations, as well as scheduling and staffing requirements, Bargaining Unit employees shall be able to exercise their seniority for selection of shift assignments. Such selections, as limited by the bidding limitations specified below, shall be made on an annual basis, based upon seniority as of the date the period of shift bidding commences. Shift bidding for the next calendar year will commence on September 1 and conclude no later than October 31. Bargaining unit employees will have two (2) working shifts in which to bid. A bargaining unit employee who does not bid within the time allotted may bid at any time thereafter, subject to availability. Upon completion of the bidding process, the City will complete shift assignments, and reserves the right to increase staffing, as the City, in its sole discretion, deems appropriate. Bidding Limitations: Telecommunicators shall bid their shifts by seniority until all shifts have been filled. It is understood by the parties that when telecommunicators bid for shifts, they will stay in the current day off group rotation unless they change shifts. Shift Vacancies: If after bidding for shift, a vacancy occurs (60 calendar days or longer), then preferably an employee on a duplicate day off group may be moved to the vacant position. No Further bidding of shifts occurs until the normal annual shift bidding procedure occurs. The shift bidding provisions above shall begin on September 1st to be effective for the calendar year beginning January 1st, and shall continue thereafter in subsequent calendar years Section 5.9 Training Pay Employees who act as trainers shall be compensated at a rate of one (1) hour of the trainer's regular hourly rate for each shift during which they have trained for at least three (3) hours. No more than two (2) trainers can receive the one (1) hour compensation per trainee per day. Employees who act as trainers shall be compensated at a rate of one & one-half (1+1/2) hour of the trainer's regular hourly rate for each shift during which they have trained for a full twelve (12) hours. ARTICLE 6 SENIORITY, LAYOFF AND RECALL Section 6.1 Definition of Seniority For purposes of this Agreement, seniority shall be defined as an employee's length of continuous service from the last date of beginning continuous full-time employment in a position covered by this Agreement. Seniority shall accumulate during all authorized paid leaves of absence and during suspensions of thirty (30) days or less. Seniority shall accumulate from the first day of an authorized unpaid leave of absence or lay off for a period of one year from the date of leave or layoff. Conflicts of seniority shall be determined on the basis of the order of the employee's names on the eligibility list from which they were hired. Section 6.2 Probationary Period All new employees and those hired after loss of seniority shall be considered probationary employees until they have completed a probationary period of twelve (12) months of work. Time absent from duty or not served for any reason such as, including but not limited to: unpaid leave of absence, duty related injury or illness, jury duty, military leave, etc. shall not apply toward satisfaction of the probationary period, except for holidays, vacation and paid sick leave. Probationary employees shall be entitled to all rights, privileges and benefits provided for in this Agreement, except that during an employee's probationary period, the employee may be terminated without cause. Such probationary employee shall have no recourse to the grievance procedure to contest a layoff or termination. Furthermore, there shall be no seniority among probationary employees for purposes of layoffs. Upon successful completion of the probationary period, an employee shall acquire seniority which shall be retroactive to his last date of hire with the City in a position covered by this Agreement. Section 6.3 Seniority List On or about September lst each year, the City will provide the Union with a seniority list of all employees in the bargaining unit setting forth each employee's seniority date and rank. The City shall not be responsible for any errors in the seniority list unless such errors are brought to the attention of the City in writing within fourteen (14) days after the Union's receipt of the list. Upon request in writing to the Police Chief, an updated seniority list will be provided to the Union during the course of the year. Section 6.4 Layoff The City, at its discretion, shall determine whether layoffs are necessary. If it is determined that layoffs are necessary, employees covered by this Agreement will be laid off in accordance with their length of service, provided that, however, probationary employees shall be selected for layoff based on relative skill and ability as determined by the Chief, and provided further that the remaining employees are qualified to do the remaining work without further training. In the event a non -probationary employee is laid off ahead of a probationary employee subject to the aforementioned provision, said non -probationary employee or employees shall be given an additional twelve (12) months (up to a total of twenty-four (24) months) for purposes of recall pursuant to Section 6.6. Section 6.5 Recall Employees (including probationary employees) who are laid off shall be placed on a recall list, in the reverse order of their layoff, for a period of twelve (12) months. If there is a recall, employees who are still on the recall list shall be recalled, in the reverse order of their layoff, provided they meet the City's medical, physical fitness, and mental standards and are fully qualified to perform the work to which they are recalled without further training. An employee who is recalled and fails to meet such standards at the time of recall shall be passed over and returned to the top of the recall list; such an employee will be eligible for a second recall for a future vacancy so long as he remains on the recall list. An employee's seniority will be terminated if he fails such standards upon a second recall. Employees who are eligible for recall shall be given at least thirty (30) calendar days' notice of recall with the first of the thirty (30) days being the date the notice to the employee is postmarked. The notice of recall shall be sent to the employee by certified mail, return receipt requested, with a copy similarly mailed or personally delivered to a designated representative of the Union. The employee must notify the Police Chief or designee of his intention to return to work within three (3) calendar days after receiving notice of recall (but in no event later than thirty (30) days from the date of postmark of the notice of recall. The City shall be deemed to have fulfilled its obligations by mailing the recall notice by certified mail, return receipt requested, to the mailing address last provided by the employee, it being the obligation and responsibility of each employee to provide the Police Chief or designee with his latest mailing address. If an employee fails to timely respond to a recall notice or if an employee either declines the recall or does not report to work as scheduled, his name shall be removed from the recall list. If the City has not heard from the employee within thirty (30) calendar days of mailing a properly addressed notice of recall, or if the notice is returned as undeliverable by the United States Postal Service, whichever occurs first, the employee's name shall be removed from the recall list. Section 6.6 Termination of Seniority Seniority for all purposes and the employment relationship shall be terminated if the employee. (a) quits; retires or is retired; (b) is discharged for just cause; (c) falsifies the reason for a leave of absence or is found to be working during a leave of absence without prior written approval of the Chief, (d) fails to report to work at the conclusion of an authorized leave of absence, layoff or vacation; (e) is laid off and fails to respond to a notice of recall within three (3) calendar days after receiving notice of recall or to report for work at the time prescribed in the notice of recall or otherwise does not timely respond to a notice of recall as provided in Section 6.5 of this Agreement, (f) is laid off or otherwise does not perform bargaining unit work for the City for a period in excess of twelve (12) months; or absent for three (3) consecutive working days without notification to or authorization from the City. ARTICLE 7 DISCIPLINE Section 7.1 Discipline The parties recognize that the Board of Police Commissioners of the City of McHenry has no statutory authority over the employees covered by this Labor Agreement. The City agrees that non -probationary covered members may be disciplined only for Just Cause. Any employee who violates any rule, regulation, or policy, of the City of McHenry or the City of McHenry Police Department, or who otherwise engages in misconduct, or whose performance is deficient may be 1 0 subject to disciplinary action. The Collective Bargaining Agreement between the City of McHenry and the collective bargaining unit shall take precedence over the Personnel Policies and Procedures Manual of the City of McHenry in the case of conflicting language. This Section shall not be interpreted as a waiver of any bargaining right by the Union. An unpaid suspension day will be defined as a block up to eight (8) hours. Example: Management implements a two (2) day unpaid suspension, the total number of hours served will be sixteen (16) hours. Section 7.2 Progressive Discipline As a matter of policy, the City recognizes the principles of progressive and corrective discipline, where applicable, but is generally the City's policy to progress through each step. However, nothing shall foreclose the City from seeking discipline commensurate with the offense. The City also acknowledges that non -probationary employees may only be disciplined for Just Cause. The City will notify the employee of pending disciplinary action in writing. Disciplinary measures will be administered by the Chief of Police or designee in an objective and constructive manner. These measures are intended to motivate the employee toward proper conduct in the future. Matters pertaining to employee performance/behavior problems should not be discussed with or disclosed to anyone except those who must be informed. Listed below indicates the types of disciplinary actions that may be implemented: • Verbal Warning • Employee Contact Form • Letter of Direction • Letter of Reprimand • Suspension • Termination Section 7.3 Interrogation Rights If the Employer intends to conduct a inquiry, investigation, or interrogation of an employee which could result in a recommendation of disciplinary action such as transfer, suspension, dismissal, loss of pay, reassignment, or similar action which would be considered a punitive measures, before taking such action, the Employer shall follow the procedures set forth in 50 ILCS 725/1 or as amended, including rights as set forth in the United States Supreme Court decision in NLRB v. Weingarten, 420 U.S. 251 (1975) and the Department of Central Management Services & Corrections (Morgan) decision, 1 PERI par. 2020 (ISLRB, 1985). Nothing in this Section is intended to or should be construed to waive employee's right to Labor Council representation during questioning that the employee reasonably believes may lead to disciplinary action. The City will provide no less than three (3) business days' advance notice of any discipline, including any meeting to discuss pending discipline in order to provide the covered member an opportunity to have Labor Council representation present. Nothing in this Section shall be construed to limit or waive the covered members' rights. The interrogations shall take place at the McHenry Police Department or other facility at the direction of the investigating Officer and at a reasonable time of day. An interrogation, for purposes of this Labor Agreement, shall be defined as when an employee is subjected to formal oral or written questions by the employer which are specifically relating to matters which could result in disciplinary action against the employee being questioned. Requests/orders for employees to write supplemental reports, are not considered interrogations. 11 No employee covered by this Labor Agreement shall be subjected to interrogation without first being informed in writing of the nature of the investigation and/or complaints. The disclosure shall be sufficient so as to reasonably apprise the employee of the nature of the investigation. The employee under investigation shall be informed of the name, rank, or command in charge of the investigation, the interrogator, and all persons present during any interrogation. Interrogation sessions shall be of reasonable duration and shall permit the employee interrogated reasonable periods for rest and personal necessities. The employee being interrogated shall not be subjected to professional or personal abuse, including offensive language. A complete electronically recorded record of any interrogation shall be made, and a copy of the electronically recorded record shall be made available to the employee and Labor Council under investigation without charge and without undue delay. The employee under investigation may elect to have a written transcript of the interrogation, however; the employee must then bear the entire cost of said written transcript. No employee shall be interrogated without first being advised in writing that the covered member has the right to have a Labor Council representative present to advise the covered member at any stage of any interrogation. An employee under investigation may request Labor Council representation at any time before or during the interrogation. Section 7.4 Pre -disciplinary Conference Before the decision to impose disciplinary actions of suspension without pay, removal, or discharge occurs, the Department Head, Supervisor, employee, and a representative provided by the Labor Council (if requested by the employee) shall meet and confer over the facts giving rise to the proposed disciplinary action. The Employer shall disclose the alleged facts giving rise to disciplinary action and the employee will be allowed the opportunity to correct factual errors and/or mistaken facts, to provide additional facts concerning the subject matter of the proposed disciplinary action and/or to dispute the factual allegations. Section 7.5 Grievance Arbitration The provisions of this Article shall be subject to the grievance resolution procedures set forth in Article 8 of this Labor Agreement except that oral reprimands and written reprimands shall not be subject to grievance arbitration. The termination of probationary employees shall not be subject to the grievance resolution procedures set forth in Article 8 of this Labor Agreement. ARTICLE 8 GRIEVANCE PROCEDURE A grievance filed against the City will be processed in the following manner. The parties may bypass one (1) or more steps of the procedure by written mutual agreement. Grievances considered to be a Labor Council grievance shall be filed at Step 2. The parties agree that the Chief of Police or designee shall have the right to implement disciplinary action to include suspension or termination of a covered member for only just cause. The decision of the Chief of Police or designee with respect to any suspension or dismissal action shall be deemed final, subject only to review of said decision through the grievance and arbitration procedure. Section 8.1 Definition A grievance is defined as a dispute or difference of opinion raised by an employee or the Labor Council against the City involving an alleged violation, misinterpretation, or misapplication of an express provision of this Labor Agreement. 12 Section 8.2 Procedure A grievance filed against the City will be processed in the following manner. The parties may bypass one (1) or more steps of the following procedure by written mutual agreement. Employees are encouraged, but not required to, resolve the grievance informally through discussions with their immediate supervisor who is not a member of any bargaining unit, and who is not otherwise represented by any Union. If the Labor Council and City settle the grievance at any step, such settlement shall be set forth in writing and signed by authorized representatives of the parties. Only the Labor Council and City may settle the grievance at any step. If a grievance is not appealed to the next step within the specified time limit or any agreed written extension thereof, it shall be considered settled on the basis of the City's last written response. If the City does not hold a meeting or respond to a grievance or an appeal thereof within the specified time limits, the aggrieved employee or Labor Council may elect to treat the grievance as denied at that step and immediately appeal the grievance as denied at that step. The parties may by mutual agreement in writing extend any of the time limits set forth in this Article. No member of any bargaining unit shall have any authority to respond to a grievance being processed in accordance with the grievance procedure set forth in this Article. Moreover, no action, statement, agreement, settlement, or representation made by any member of any bargaining unit or other City employee represented by any Union shall impose any obligation or duty or be considered to be authorized by or binding upon the parties unless the Employer and the Labor Council have agreed thereto in writing. Grievances filed by the Labor Council on behalf of covered members shall be filed at Step 2. • Step 1 Any employee and/or the Labor Council who has a grievance shall submit the grievance in writing to the appropriate Division Commander containing a complete statement of the facts, provision or provisions of the Labor Agreement which are alleged to have been violated as defined in 8.1 Definition and the specific relief requested. All grievances must be presented no later than seven (7) calendar days from the date of the occurrence of the event first giving rise to the grievance or within seven (7) calendar days after the employee or Labor Council, through the use of reasonable diligence, could have obtained knowledge of the occurrence of the first event giving rise to the grievance. The immediate supervisor shall render a written response to the grievant and Labor Council within seven (7) calendar days after the grievance is presented. • Step 2 If the grievance is not settled at Step 1 and the grievant and/or Labor Council wishes to appeal to Step 2 of the grievance procedure, the grievance shall be submitted in writing to the Chief of Police or designee within seven (7) calendar days after receipt of the City's written response in Step 1, or within seven (7) calendar days of when the City's written response in Step 1 was due. The grievance shall specifically state the basis upon which the grievant or Labor Council believes the grievance was improperly denied at the previous step of the grievance procedure. The Chief of Police or designee may meet to discuss the grievance with the grievant and Labor Council at a mutually agreeable time within seven (7) calendar days of receipt of the grievance. The Chief of Police or Labor Council may have other persons present whom they deem appropriate attend the meeting. If no settlement of the grievance is reached, the Chief of Police or designee will provide a written response within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after receipt of the grievance. i�? Step 3 If the grievance is not settled at Step 2, the grievant and/or Labor Council wishes to appeal to Step 3 of the grievance procedure, it shall be submitted in writing to the City Administrator or designee within seven (7) calendar days after receipt of the City's written response in Step 2, or within seven (7) calendar days of when the City's written response in Step 2 was due. The grievance shall specifically state the basis upon which the grievant and/or Labor Council believes the grievance was improperly denied at the previous step of the grievance procedure. The City Administrator may meet to discuss the grievance with the grievant and a Labor Council Representative at a mutually agreeable time within seven (7) calendar days of the receipt of the grievance. The City Administrator or the Labor Council may have other persons present they deem appropriate attend the meeting. If no settlement of the grievance is reached, the City Administrator will provide a written response within seven (7) calendar days of the meeting or, if no meeting is held, within seven (7) calendar days after receipt of the grievance. Section 8.3 Arbitration If the grievance is not settled in Step 3, only the Labor Council may refer the grievance to arbitration, as described below, within twenty-one (21) calendar days of the receipt of the City's written response provided at Step 3 or when the City's written response in Step 3 was due. The parties shall attempt to agree upon an arbitrator within ten (10) calendar days after receipt of the notice of referral. In the event the parties are unable to agree upon the arbitrator within said seven (7) day period, the parties shall jointly request the Federal Mediation and Conciliation Service to submit a panel of seven (7) arbitrators. Each party retains the right to reject one (1) panel in its entirety and request that a new panel be submitted. Both the City and the Labor Council shall have the right to alternately strike being determined by the flip of a coin. A coin flip shall determine who has the first right to strike a name from the list. The Arbitrator shall be notified jointly by the parties of their selection and shall be requested to set a time and place for the hearing, subject to the availability of Labor Council and City representatives. The City and the Labor Council shall have the right to request the Arbitrator to require the presence of witness or documents. The City and the Labor Council retain the right to employ legal counsel. The Arbitrator shall submit the award in writing within thirty (30) calendar days following the close of the hearing or the submission of briefs by the parties, whichever is later. More than one (1) grievance may be submitted to the same arbitrator only if both parties mutually agree to do so in writing. The fees and expenses of the arbitrator and the cost of a court reporter and a written transcript, if any, shall be divided equally between the City and the Labor Council; provided, however, that each party shall be responsible for compensating its own representatives and witnesses. Section 8.4 Limitations on Authority of Arbitrator The Arbitrator shall have no right to amend, modify, nullify, ignore, add to, or subtract from the provisions of this Labor Agreement. The Arbitrator shall consider and decide only the question of fact as to whether there has been a violation, misinterpretation or misapplication of the specific provisions of this Labor Agreement. The Arbitrator shall be empowered to determine the issue raised by the grievance as submitted in writing at Step 2. The Arbitrator shall have no authority to make a decision on any issue not so submitted or raised. The Arbitrator shall be without power to make any decision or award which is contrary to or inconsistent with, in any way, applicable laws or court decisions, or rules and regulations of administrative bodies that have the force and effect of law. 14 The Arbitrator shall not in any way limit or interfere with the powers, duties and responsibilities of the City under law and applicable court decisions. Any decision or award of the Arbitrator rendered within the limitations of this Section 8.4 shall be final and binding upon the City, Labor Council, and the employees covered by this Labor Agreement. ARTICLE 9 NO STRIKE -NO LOCKOUT Section 9.1 Strikes Prohibited During the term of this Agreement, neither the Union nor any of its officers or agents, nor any employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any strike, sympathy strike, or any other intentional interruption or disruption of the operations of the City, and no employee covered by this Agreement shall refuse to cross any picket line, wherever established. Section 9.2 Job Actions Prohibited During the term of this Agreement, neither the Union nor any of its officers or agents, nor any employees covered by this Agreement will, for any reason, instigate, promote, sponsor, aid, condone or engage in any boycott, secondary boycott, residential hand billing, work slowdown, speed-up, sit-down, concerted application of unauthorized or abnormal or unapproved enforcement procedures or policies, concerted disobedience of lawful orders of a superior, concerted stoppage of work, concerted refusal to perform overtime, deliberate absenteeism, picketing of any kind, except informational picketing as authorized by law, or any other intentional interruption or disruption of the operations of the City. Section 9.3 Violations of this Article Any or all employees who violate any of the provisions of this Article may be discharged or otherwise disciplined by the City, and the only issue that may be used in any proceeding in which such discipline or discharge is challenged is whether or not the employee actually engaged in such prohibited conduct. Such discipline may include any, some, or all of the employees involved. The failure to confer a penalty in any instance is not a waiver of such right in any instance, nor is it a precedent. Any disciplinary action taken by the City for employee activities prohibited by this section shall not be considered a violation of this Agreement and shall not be subject to the grievance and arbitration procedures of this Agreement. Section 9.4 Council Notification of Employees The Council agrees to notify all Union Officials and agents of their obligations and responsibility for maintaining compliance with this Section, including their responsibility to abide by the provisions of this Section by remaining at work (that is, those who are employees of the City) during any interruption as outlined above. In addition, in the event of a violation of this Section of this Article, the Illinois Fraternal Order of Police Labor Council agrees to inform its members of their obligations under this Agreement and to encourage and direct them to return to work by all means available under its Constitution, by-laws, or otherwise. Section 9.5 No Lockout The City will not lock out any employees during the term of this Agreement as a result of an actual or anticipated labor dispute with the Union so long as there is good faith compliance by the Illinois Fraternal Order of Police Labor Council with this Article. 15 Section 9.6 Judicial Relief Nothing contained herein shall preclude the Employer from obtaining a temporary restraining order, damages and other judicial relief as determined appropriate by the Court in the event the Illinois Fraternal Order of Police Labor Council or any employees covered by this Agreement violate this Article. ARTICLE 10 HOLIDAYS AND PERSONAL BUSINESS LEAVE Section 10.1 Holidays The following are recognized as holidays for eligible employees: A holiday is defined as eight (8) hours. A one half (1/2) holiday is defined as four (4) hours. Shift Employ New Year's Day President's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Christmas Eve (1 /2 day) Christmas Day Non -shift employees New Year's Day Memorial Day Independence Day Labor Day Thanksgiving Day Friday after Thanksgiving Day Christmas Eve Christmas Day * (4) hours holiday/comp time The City agrees to allow bargaining unit employees to use accrued holiday pay as paid time off in lieu of cash payment as provided in Section 10.2 herein. Holiday pay shall accrue to an employee's credit on the actual holiday itself. Employees may use accrued holiday pay as paid time off by requesting same in writing subject to the approval of the Chief of Police or his designee; such approval not to be unreasonably withheld. *Non -shift employees shall be credited with four (4) hours of holiday/compensatory time on March 15th of each year which may be used as paid time off consistent with the provisions of this Agreement. Section 10.2 Eligibility Requirements Employees shall work all holidays when scheduled as part of their normal Departmental work schedule. To be eligible to receive holiday pay or "paid time off' in recognition of a holiday, an employee must work the full scheduled day before and after the holiday, when scheduled as part of their normal department work schedule. The Chief shall permit an employee who was ill to verify his illness so as to qualify for holiday pay by submitting to the Chief of Police or designee, a note from the employee's physician, or physician's assistant or nurse practitioner verifying the employee's illness. Section 10.3 Holiday Pay Employees who satisfy the eligibility requirements of Section 10.2 shall receive either "holiday time off' or "holiday pay" equivalent to the holidays for which he becomes eligible. 16 Employees wishing to take holiday time off in lieu of the holiday pay may request the holiday time off as if it were personal business leave with the exception that such time must be requested in one shift increments. In no event may an employee take holiday time off without having first become eligible for the holiday. Holiday time must be used or paid prior to the end of the calendar year in which it is earned. December holidays shall not be eligible to be taken as holiday time off. Employees choosing to receive holiday pay and those employees who have failed to take accrued holiday time off by November 30th shall be paid in a lump sum on the first Full pay period during the month of December, at a rate equivalent to a regular day's pay (at the employees straight time rate) for each of the eight and one half (8.5) holidays in the calendar year for which the employee satisfied the eligibility requirements and which the employee has not taken in the form of paid leave as set forth in section 10.1 herein. Payment of holiday pay shall include prospective pay for any holidays in December of said calendar year. In the event an employee becomes ineligible for a paid December holiday after he has been compensated for it, the City may deduct from his paycheck an amount equivalent to the pay provided for the holiday. Employees who work the holiday shall receive one and one half (11/2) times their regular rate of pay for all hours worked. Section 10.4 Personal Business Leave With prior approval of the Police Chief or designee, employees shall receive paid leave, as denoted below per calendar year, to attend to personal business. An option offered as part of participation in the Wellness Incentive of an additional personal day shall be defined as eight (8) hours as long as the benefit is offered by the City. Newly hired regular full-time employees will receive the following number of paid personal business leave days in their first calendar year: Hiring Date Prior to April 1 Between April 1 and June 30 Between July 1 and October 31 November 1 or later Personal Business Leave Hours 32 24 16 8 Personal business leave may be used in increments no smaller than one -hour increments. In no event, shall personal leave be converted to cash compensation or carried over into subsequent years. Personal business leave requests shall be made no later than twenty-four (24) hours in advance (except in an emergency) of the desired time off. The Chief may approve or deny such requests. Such approval shall not be unreasonably denied. Under no circumstances will such requests be approved if, at the time of the request, the absence, in the Chief s judgment, would cause another employee to be held over or called back to work. ARTICLE 11 VACATIONS Section 11.1 Eligibility and Allowances Every employee shall be eligible to take paid vacation time after the completion of one (1) year A continuous full time employment with the City in a position covered by this Agreement. Employees shall start to earn vacation allowance as of their date of hire. Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation time on an annual basis. 17 Following the seniority shift bidding procedure as set forth in Section 5.8 herein, the Employer shall conduct vacation bids between November 1 st and December 31 st of each year for vacation days to be used during the subsequent calendar year. Vacation allowances shall be earned monthly, based on the following schedule: Length %J Completed Continuous Service After completion of one (1) year After completion of six (6) years After completion of thirteen (13) years After completion of twenty (20) years Number of Hours per calendar year 80 120 160 200 Employees shall earn vacation allowances for any month in which they receive compensation for more than one hundred twenty (120) "hours of work". For purposes of this Section only, actual work time plus paid vacations and personal days and compensatory time shall be considered "hours of work". No other paid or unpaid absence from duty shall be counted as "hours of work". Section 11.2 Vacation Pay The rate of vacation pay shall be the employee's regular straight -time rate of pay in effect for the employee's regular job assignment. Section 11.3 Scheduling and Accrual Bargaining unit employees shall be allowed to exercise their seniority for selection of vacation time on an annual basis. Following the seniority shift bidding procedure as set forth in Section 5.8 herein, the Employer shall conduct vacation bids between November 1 st and December 31 st of each year for vacation days to be used during the subsequent calendar year. Vacation Bidding Process: Vacation Bids will be conducted for each classification. During the vacation bidding process, only one (1) bargaining unit member from the CSO classification and Records Classification can be on vacation or other benefit leave during a given time. During the vacation bidding process the Dispatch classification will allow for a maximum of one (1) bargaining unit member off per 12 hour shift per 24 hour work period and one (1) bargaining unit member off per 24 hour period on Saturday shifts. Step 1: On or before November 1, the Police Chief or designee shall post a schedule of days available for vacation use during the upcoming calendar year. The days available for use shall not include the week of "Fiesta Days", and such other days as designated by the Chief of Police in his discretion; such discretion not to be unreasonably applied. The days available for use shall not include: • The first Thursday at 1600 hours, Saturday and Sunday of Fiesta Days • The second Saturday and Sunday of Fiesta Days • City Fireworks Day from 6pm —12am • On the day following City Fireworks Day from 12am — 3am m • Other days as designated by the Chief of Police, with such discretion not to be unreasonably applied. The bargaining unit employees shall select their vacation preferences in the order of their seniority by classification, with the most senior employee having first choice, the next most senior employee having second choice, and so on. Bargaining unit members will have two (2) working shifts in which to pick their vacations. A bargaining unit member who does not select vacation time within the time allotted may choose vacation time at anytime thereafter, subject to availability. Bargaining unit employees may make an initial first choice vacation selection of no more than two (2) calendar weeks (or a maximum of eighty (80) hours for CSO and Records and a maximum of eighty-eight (88) hours for Dispatch). For purposes of this Article, "calendar week" means anywhere from one (1) day to four (4) days for Dispatch (not to exceed 44 hours) and anywhere from one (1) day to five (5) days for CSO and Records. After the initial vacation bidding has occurred, the Employer shall create a unit -wide vacation schedule indicating all vacations scheduled in the initial bid for all shifts. Step 2: After bargaining unit members have chosen their first two (2) weeks eighty (80) to eighty-eight (88) hours of vacation, bargaining unit members may then choose to select their remaining vacations from the vacation schedule, again in order of descending seniority. The vacation periods selected pursuant to this procedure shall be submitted to the Police Chief or designee for approval no later than December 31 each year. Thereafter, the Police Chief or designee shall review the requests and post a vacation schedule on or before January 30. After the vacation schedule, has been posted, employees can trade, schedule, or reschedule vacation hours only with the approval of the Police Chief or designee. All Other Vacation Requests: Any remaining vacation hours not selected via the vacation bidding process shall be requested for use in writing by the bargaining unit member affected and shall be subject to approval by the Chief of Police or designee on a first -come, first -served basis. In the event of two (2) or more requests for remaining vacation use, seniority shall prevail in awarding vacation requests. Additional time off requests shall be approved by the Chief of Police or designee based upon staffing levels which are managed by the City. Remaining vacation hours, not selected in the seniority vacation bidding process, may be used in increments of four (4) hours. Accrual: Vacation allowances are earned on a calendar year basis with the following exceptions. After six (6) months of employment, a new hire may use up to forty (40) hours vacation time prior to their first anniversary date. The use of such borrowed vacation hours shall be deducted from vacation accruals posted on their first anniversary date. Beginning the following January 1 and every January 1 thereafter, such employees will receive the vacation hours they accrued during the prior calendar year for use in the calendar year in which they are given. Second, on an employee's anniversary date of employment in a year (after the employee's first) in which the employee becomes eligible to earn additional vacation hours (the employee's sixth, thirteenth, and twentieth anniversaries); the employee will receive the additional hours on their anniversary for use during the remainder of the calendar year. On the following January 1, the employee will receive the vacation hours accrued during the prior calendar year based upon the new rate of vacation accrual. Vacations to be scheduled and taken 19 during a given calendar year are vacation allowances earned during the previous calendar year or provided to the employee on their anniversary date of employment for use during the remainder of the calendar year. All vacation hours must be taken by the end of the calendar year in which they are to be scheduled, unless the employee through a written request receives authorization by the Chief of Police to carry over vacation hours (not to exceed forty (40) hours) or sell back vacation hours or a combination of the two. Such requests shall not reasonably be withheld. Employees may take vacation time in four (4) hour increments. The Chief of Police or designee reserves the right to cancel any or all approved vacation leaves in advance of there being taken and/or to recall any employees from vacations in progress. Such cancellations and revocations shall not be unreasonable. ARTICLE 12 SICK LEAVE Section 12.1 Purpose and Allowance Sick leave with pay is provided as a benefit in recognition that employees do contract various illnesses from timeAo-time and that their financial resources may be diminished in such instances if pay is discontinued, and that it may not be in the best interest or health of the employee or fellow employees to work while sick. Any employee contracting or incurring an non -service connected sickness or disability (except where the injury or illness is incurred while the employee is performing compensated service outside of his employment with the City where compensation for such injury or illness is provided by the outside employer, i.e., workers' compensation, sick leave, etc.) shall receive sick leave with pay as set forth in this Article. Section 12.2 Hours Earned in Accumulation Employees shall be allowed eight (8) hours of sick leave for each month of service (which equals a total accumulation of ninety-six (96) hours per year). Sick leave shall be earned by an employee for any month in which the employee is compensated for more than eighty (80) "hours of work." For purposes of this Section only, accrued benefit days other than sick leave shall be considered "hours of work"; no other paid or unpaid absence from duty shall be counted as "hours of work." Sick leave cannot be taken before it is actually earned. Section 12.3 Notification Notification of absence due to sickness shall be given to an individual designated by the Police Chief (normally the Shift Supervisor on duty) as soon as possible on the first day of such absence and every day thereafter (unless this requirement is waived by the Chief in writing), but no later than one (1) hour before the start of the employee's work shift. Failure to properly report an illness without good cause may be considered as absence without pay and may subject the employee to discipline. Section 12.4 Medical Examination The City may, at its discretion, require an employee to submit a physician's verification of illness, and such verification normally will be required for sick leave of three (3) consecutive duty shifts or more. The City also may require a physician's verification that the employee is well enough to return to work. A medical certification/or verification of illness is acceptable as provided by a physician, or physician's assistant or nurse practitioner. Falsification of any verification of illness shall be grounds for disciplinary action, which may include reimbursement by the employee to the City for sick leave benefits wrongfully obtained. The City, at its option, may require an employee to submit to an examination by a physician or other medical professional chosen by the City. If the City requires an employee to submit to an examination by a physician designated by the City, the City will pay the medical expenses to the extent they are not covered by insurance (i.e., the employee shall not be responsible for such costs). Section 12.5 Sick Leave Utilization Sick leave shall be used in no less than one (1) hour increments. Sick leave may be utilized for the purposes specified in Section 12.1, or as needed as a result of a family member's illness, injury or medical appointment as defined by the Illinois Employee Sick Leave Act, up to six (6) days of accumulated sick leave per calendar year for absences due to illness, injury and medical appointments for the employee's child, spouse, sibling, parent, mother/father-in-law, grandchild, grandparent or stepparent, or a party to a Civil union as defined by the Illinois Religious Freedom Protection and Civil Union Act (750ILCS 75/) to seek medical attention for an existing medical condition, or for a non -elective medical procedure. For purposes of Section 12.6(b), sick leave may accrue to a maximum of 1000 hours of sick leave as of the end of each fiscal year. There shall be no maximum accumulation or cap on sick days for use in accordance with Section 12.1. To the extent permitted by law, employees on sick leave are required to remain at home unless hospitalized, visiting their doctor, or acting pursuant to reasonable instructions for care. Section 12.6 Unused Sick Leave (a) A full-time bargaining unit member in good standing who has used less than twenty-four (24) hours during any calendar year may elect to receive a sick leave cash payment for difference between twenty-four (24) hours and the number of sick leave hours actually used (twenty-four (24) hours maximum). The number of days for which such employee elects cash compensation shall be deducted from such employee's accumulated sick leave. Employees who elect to receive such payment for any calendar year must notify the Chief thereof by January 31 the following year, with such payment to be made by February 28 of such following year. (b) A full-time bargaining unit member in good standing (i) who has been placed on permanent disability pension, or (ii) who has at least twelve (12) years of service on the Department as a full time employee, or (iii) has at least twelve (12) years of service on the Department as a full time employee, is eligible to retire, and who dies (in which case it will be the employee's estate which collects), is eligible to retire, and who elects to retire, shall be paid for unused sick leave days at the rate of fifty percent (50%) of the employee's regular rate of pay in effect on the 1st day of May immediately preceding the employee's last day of active work for the City for all accrued and unused sick leave time as of the employee's last day of active work for the City, up to a maximum of one -thousand (1000) hours, provided the employee has accumulated at least four - hundred (400) hours of unused sick leave will be paid fifty percent (50%) for all sick leave hours up to one -thousand (1000), for a maximum of five hundred (500) hours of pay. In no event, shall any employee be entitled to the benefits set forth in Section 12.6(b) if the employee is discharged, unless such discharge is over turned by an administrative proceeding. 21 ARTICLE 13 ADDITIONAL LEAVES OF ABSENCE Section 13.1 Unpaid Discretionary Leaves The City may grant leaves of absence, without pay or salary, to employees for job -related reasons (such as further training or study), which will enable employees to perform their usual and customary duties with greater efficiency and expertise, or other valid reasons (such as prolonged illness of the employee, his spouse, or his child or children or childbirth). No leave, if granted, shall be for a period exceeding three hundred sixty-five (365) consecutive calendar days. The denial of discretionary leaves shall not be subject to the dispute resolution and grievance procedure of this Agreement. Section 13.2 Military Leave Military leave shall be granted in accordance with applicable law. Employees must apply for such leave as soon as they are aware of the need for such leave. (a) Long Term Military Duty. An employee who enters active military service of the United States shall have re-employment rights as may be provided for under applicable federal law in effect at that time. (b) Military Reserve Duty. An employee who is an active member of any recognized state or federal military reserve organization, and who is compelled to fulfill a military obligation by law or regulation, shall be entitled to an unpaid leave of absence for the duration of such required military duty, without loss of seniority. Section 13.3 Bereavement Leave In the event of the death of an immediate family member, an employee may be permitted to be absent from their job for up to three (3) work days off with the City's approval and receive regular straight -time pay. For purposes of this Section, immediate family shall include the following persons related by blood, marriage or law to the employee: parents, spouse, children, siblings, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, spouse's child, step-parent, spouse's grandparent, grandparents, and grandchildren and partner to a civil union as defined by 750 ILCS 75/. In the event of the death of an extended family member, an employee may be permitted to be absent from his job for one (1) workday with the City's approval and receive regular straight -time pay. For purposes of this Section, "extended family" shall include aunts, uncles, and cousins. Any absence to attend the bereavement of anyone who is not a member of an employee's immediate or extended family may be arranged with the City, without pay, but previously accrued and unused benefit days other than sick leave may be utilized in such case with the consent of the City. An employee shall provide satisfactory evidence of the death and of the employee's attendance at the funeral or service if so requested by the City. At the City's discretion, an employee may be permitted to use accrued benefit days other than sick leave, up to a maximum of five (5) additional days, in connection with bereavement leave days to extend bereavement leave or at the employee's option such leave may be arranged without pay. Section 13.4 Jury Leave An employee required to report for jury duty (including service on a grand jury) shall be excused from work without loss of pay for jury duty which occurs on the employee's scheduled duty days and during the employee's scheduled duty hours. An employee shall immediately notify the rr.�a Police Chief or designee as soon as the employee receives a notice to appear as a juror, and must provide the Police Chief or designee with a copy of the jury summons prior to reporting for jury duty. In order for employees to receive compensation from the City for such jury duty, the employee must sign over to the City any compensation he receives for serving as a juror on days For which the employee was scheduled to be on duty. Section 13.5 Family and Medical Leave Act ("FMLA") Leave A leave of absence for reasons covered by the FMLA shall be granted in accordance with the City's published Family and Medical Leave Act policy and applicable law. A work day is defined as an eight (8) hour day or forty (40) hours a week. unless the leave is for intermittent leave then a work day is defined as a twelve (12) hour work day. Section 13.6 Application for Leave Unless otherwise required by law, any request for a leave of absence other than funeral leave under this article shall be submitted in writing by the employee to the City or its designee as far in advance as practicable. The request shall state the reason for the leave of absence and the approximate length of time off the employee desires. Authorization for a leave of absence, if granted, will be furnished to the employee by the City and it shall be in writing. Section 13.7 Benefits While on Unpaid Discretionary Leave Unless otherwise required by law, length of service and other benefits shall not accrue for an employee who is on approved non -pay, discretionary leave status under this Article. (a) Accumulated length of service shall remain in place during that leave and shall begin to accrue again when the employee returns to work on a pay status. (b) Upon return from leave, the City shall place the employee in his or her previous assignment, if vacant. If not vacant, an employee returning from leave will be placed in the first available assignment according to the employee's seniority, where skill and ability to perform the work without additional training is equal. If, upon the expiration of a leave of absence, there is no work available for the employee, he shall go directly on layoff. (c) During an approved unpaid leave of absence or layoff under this Agreement, an employee shall be entitled to coverage under applicable group medical and life insurance plans to the extent provided in such plan(s), provided the employee makes arrangements for the change and arrangements to pay the entire insurance premium involved, including the amount of the premium previously paid by the City. Section 13.8 Non -Employment Elsewhere A leave of absence will not be granted to enable an employee to try for or accept employment elsewhere or for self-employment without prior written approval of the Chief. Employees who engage in employment elsewhere during such leave without such prior written approval may immediately be terminated by the City. 23 ARTICLE 14 WAGES Section 14.1 Base Wage Employees covered by the Agreement shall be compensated in accordance with the wage schedule attached hereto and incorporated herein as Appendix A. Section 14.2 Tuition Reimbursement Regular full-time employees enrolled in an educational course directly related to the employee's position with the City, may request reimbursement of tuition from the City. Reimbursement of tuition is not guaranteed and is within the discretion of the City pursuant to the terms of this policy. Each of the following conditions shall precede any such reimbursement. Only courses directly related to the employee's present position with the City shall qualify for tuition reimbursement. To be eligible for reimbursement, prior to registration for the particular course, the employee shall submit a request to his or her Department Head on the City's Tuition Reimbursement Form. If the Department Head recommends reimbursement for the course, it must also be approved by the City Administrator. The City Administrator shall determine whether the conditions precedent to tuition reimbursement are satisfied. Because of the nature of education as it relates to day4o-day activities of all people, the determination of the City Administrator as to whether the course is directly related to the employee's position with the City shall be completely within his discretion and shall be final. Funds for the reimbursement of the course must have been budgeted for the current fiscal year. Reimbursement is limited to the tuition fee only, and may not exceed $1750 per fiscal year. Tuition reimbursement may be paid only upon the City's receipt of a certificate evidencing completion of the course with a grade of "C" or better or, if the course if a pass/fail, then upon receiving a "pass" grade and a receipt of full payment from the school, university or educational institution. Section 14.3 Deferred Compensation Plan (457K) The City shall continue to make available to employees the same 457K Deferred Compensation Plan provided all City employees. The City reserves the right to change, alter, amend, or eliminate the plan as it deems appropriate. Section 14.4 Lateral Transfers Both the City and the Union recognize the value of newly hired employees with previous related experience, and to that end, agree to the following: newly hired employees with previous experience in their assigned job classification will begin at an advanced step of pay matrix, but in no event higher than Step 5 unless agreed to by the parties. The pay matrix step the employee is placed on will only affect the employee's pay, and will not be considered for seniority referenced in any articles or sections of this Agreement. The City may exercise its discretion to place newly hired employees with previous experience at an advance step on the matrix. The Union reserves the right to object to the placement if the placement demonstrates that the City has abused its discretion by effectuating a placement which is not warranted by the newly hired employees' previous experience. 24 ARTICLE 15 UNIFORM ALLOWANCE Section 15.1 Initial Uniform All members of the bargaining unit shall be required to appear appropriately dressed for work. The City shall furnish employees, upon completion of the initial training period, a complete set of initial uniforms and equipment as specific below: Records Clerks —Five (5) pair of pants; Two (2) sweaters; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt. Community Service Officers —Five (5) pair of pants; One (1) winter jacket; One (1) rain coat; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) pair of winter boots; One (1) belt. Telecommunicator — Five (5) pair of pants; One (1) sweater and/or Fleece; Three (3) long sleeve shirts; Three (3) short sleeve shirts; One (1) pair of shoes; One (1) belt. Section 15.2 Uniform Allowances and Reimbursement of Uniform Cleaning Expenses Employees shall receive up to four hundred dollars ($400) per fiscal year (except for the first year of employment or when uniforms change for initial issue) for uniform purchases, maintenance and cleaning expenses. Newly hired employees will not be eligible for this provision in their first year of employment if their hire date is November 1A or later. Section 15.3 Return of Uniforms and Equipment Upon separation from employment by the City, employees will be responsible for the return of uniforms and equipment purchased with City funds or issued directly by the City, in good condition, less normal depreciation and destruction in the course of employment. ARTICLE 16 INSURANCE Section 16.1 Coverage and Cost The City shall make available to non -retired bargaining unit employees and their dependents substantially similar group health and hospitalization insurance, dental insurance, and vision insurance coverage and benefits to that in existence for other City employees prior to the signing of this Agreement. The City reserves the right to change or offer alternative insurance carriers, health maintenance organizations, or benefit levels or to self -insure as it deems appropriate, so long as the new or alternative coverage and benefit levels are substantially similar to those which they are replacing. In order to control future health and hospitalization insurance cost increases, the City also may alter employee deductibles and/or co -pay requirements provided such changes shall likewise be applicable to all City employees. Employees may continue to elect to participate in the City's Health Care Benefits Salary Reduction Plan, in which they pay their share of insurance costs with pre-tax dollars. Section 16.2 Cost Containment The City reserves the right to institute cost containment measures relative to insurance coverage so long as the basic level of insurance benefits remains substantially the same. Such changes may include, but are not limited to, mandatory second opinions for elective surgery, preadmission and 25 continuing admission review, prohibition on weekend admissions except in emergency situations, and mandatory outpatient elective surgery for certain designated surgical procedures. Section 16.3 Life Insurance The current City coverage of thirty thousand dollars ($30,000.00) for life insurance for each employee covered by this Agreement in effect at the time of the signing of this Agreement shall continue for the life of the agreement, at no cost to the employee. Section 16.4 Terms of Insurance Policies to Govern The extent of coverage under the insurance policies (including HMO and self -insured plans) referred to in this Agreement shall be governed by the terms and conditions set forth in said policies or plans. Any questions or disputes concerning an employee's claim for benefits under said insurance policies or plans shall be resolved in accordance with the terms and conditions set forth in said policies or plans and shall not be subject to the grievance and arbitration procedure set forth in this Agreement. The failure of any outside insurance carrier(s) or plan administrator(s) to provide any benefit for which it has contracted or is obligated shall result in no liability to the City, nor shall such failure be considered a breach by the City of any obligation undertaken under this or any other Agreement. However, nothing in this Agreement shall be construed to relieve any insurance carrier(s) or plan administrator(s) from any liability it may have to the City, employee or beneficiary of any employee. Section 16.5 Waiver of Insurance Any employee shall have the option to waive the right to receive medical, dental and/or vision insurance coverage under the terms of this Section. If an employee waives any such insurance coverage, but thereafter chooses to reverse his decision, the reinstatement of each such insurance shall be contingent upon the employee's insurability and shall also be subject to such conditions, limitations and restrictions as the City's insurers may prescribe as a consequence of the employee's prior waiver and non -coverage. Section 16.6 Employee Deductible and Co -Insurance Costs The Employee's premium contribution shall be limited to the following amounts and percentages for the term of this agreement. The HRA Plan has the same contributions as the PPO Plan. 2017 Medical Insurance Health Plan Year (01-01-2017-12-31-2017) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Sin lg e +Spouse Single + Child(ren) Family PPO Plan 8.00% 10.00% 9.00% 12.00% $73.14 $188.84 $160.42 $330.78 IRA Plan 8.00% 10.00% $67.33 $173.83 HMO Plan 2.50% 6.50% $19.30 $103.65 9.00% 12.00% $147.67 $304.49 6.50% 10.00% $97.83 $232.76 26 2018 Medical Insurance Health Plan Year (O1-01-2018-12-31-20181 The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Single +Spouse Single + Child(ren) Family ?PO Plan 8.00% 10000% 9000% 12900% $79.73 $205*83 $174*85 $360*55 IRA Plan 8.00% 10.00% 9000% 1100% $73.39 $189*47 $160*96 $331989 27 ■1/• 'Rii 2.50% $21.04 6.50% $112.97 6.50% $106.64 10.00% $253071 2019 Medical Insurance Health Plan Year (01-01-2019-12-31-2019) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of this Labor Agreement: Single Single +Spouse Single + Child(ren) Family PPO Plan 8.00% 10.00% 9.00% 12.00% $86.90 $224036 $190.59 $393.00 HRA Plan 8.00% $79.99 10.00% $206.52 9.00% 75044 12.00% $361476 HMO Plan 2.50% 6.50% 6.50% 10.00% $22.93 $123 914 $116.23 $276.54 Medical Insurance Health Plan Years 2020 and 2021 For the 2020 and 2021 calendar years (January 1 through December 31) the FOP Unit #2 bargaining unit agrees to the medical insurance rates that will be established and agreed upon through FOP Unit #1 contract negations during the 2019 calendar year. 2017-2019 Dental Insurance Plan Years (O1-01-2017-12-31-2019) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed for the term of this Labor Agreement. Single Sin lg e +Spouse Single + Child(ren) Fami1X 7.00% 30.00% 30.00% 35.00% $2.68 $23.94 $25.87 $47.81 Dental Insurance Plan Years 2020 and 2021 For the 2020 and 2021 calendar years (January 1 through December 31) the FOP Unit #2 bargaining unit agrees to the dental insurance rates that will be established and agreed upon through FOP Unit #1 contract negations during the 2019 calendar year. 2017-2019 Vision Plan Years (01-01-2017- 12-31-2019) The employee's premium contributions shall not exceed either the percentage of the total premium or the monthly premium limit as listed below for the term of Labor Agreement: Single Sin lg e +Spouse Single + Child(ren) Family 10.00% 50.00% 60.00% 90.00% $0.70 $5.30 $6.48 $15.69 Vision Insurance Plan Years 2020 and 2021 For the 2020 and 2021 calendar years (January 1 through December 31) the FOP Unit #2 bargaining unit agrees to the vision insurance rates that will be established and agreed upon through FOP Unit #1 contract negations during the 2019 calendar year. Employee Deductible and Co -Pay Costs During the term of this Labor Agreement, the City agrees that any such deductible and co -pay shall be the same as those costs applicable to the general, non -contract employees, but may be less per the labor negotiations. ARTICLE 17 EMPLOYEE ALCOHOL AND DRUG TESTING Section 17.1 Statement of Policy It is the policy of the City of McHenry that the public has the absolute right to expect persons employed by the City in its Police Department will be free from the effects of drugs and alcohol. The City, as the employer, has the right to expect its employees to report for work fit and able for duty. The purposes of this policy shall be achieved in such a manner as not to violate any established rights of the employees of the Police Department. SectionProhibitions Except as ordered to do so in the line of duty, employees shall be prohibited from: (a) Consuming, possessing or being under the influence of alcohol at any time during the course of the work day or anywhere on any City premises, including City buildings, properties, or City owned vehicles; (b) Possessing, using, selling, purchasing or delivering any illegal drug at any time and at any place, or abusing any prescription drug; (c) Failing to report to the employee's supervisor any known adverse side effects of medication or prescription drugs which the employee maybe taking. Section 17.3 Drub and Alcohol Testing Permitted The City shall have the right to require an employee to submit immediately to alcohol or drug testing on a specified situation basis (as outlined below) or if the City has reasonable suspicion to believe that: (a) an employee is being affected by the use of alcohol; or (b) has abused prescription drugs; or (c) has used illegal drugs. 29 The foregoing shall not limit the right of the City to conduct any tests it may deem appropriate for persons seeking employment prior to their date of hire. Specified situation testing may occur in the following circumstances: (a) If an employee is involved in a motor vehicle accident or otherwise damages City or personal property while in the performance of his duty; (b) If an employee is injured, or injures another while in the performance of his duty; (c) If an employee is to be promoted to a higher paying position or recalled from layoff; or (d) If an employee has experienced excessive absenteeism or tardiness under circumstances giving rise to a suspicion of off -duty drug or alcohol abuse. Section 17.4 Order to Submit to Testing At the time an employee is directed to submit to testing authorized by this Agreement, the City shall provide the employee with a written notice, setting forth the objective facts and reasonable inferences drawn from those facts which have formed the basis of the City's decision to test. The employee shall be given a reasonable opportunity to consult with a Union representative at the time the notice is given. Refusal to submit to such test may subject the employee to discipline, but the employee's taking of the test shall not be construed as a waiver of any objection or rights that he or she may possess. Section 17.5 Test to be Conducted In conducting the testing authorized by this Agreement, the City shall: (a) Use only a clinical laboratory or hospital facility that is licensed pursuant to the Illinois Clinical Laboratory Act that has or is capable of being accredited by the Substance Abuse Mental Health Services Administration (SAMHSA). (b) Establish a chain of custody procedure for both the sample collection and testing that will ensure the integrity of the identity of each sample and test result. No employee covered by this Agreement shall be permitted at any time to become a part of such chain of custody. (c) Collect a sufficient sample of the same bodily fluid or material from an employee to allow for initial screening, a confirmatory test, and a sufficient amount to be set aside reserved for later testing if requested by the employee. (d) Collect samples in such a manner as to preserve the individual employee's right to privacy while insuring a high degree of security for the sample and its freedom from adulteration. Any employee ordered to submit to testing shall not be witnessed by anyone while submitting a sample, except in circumstances where the laboratory or facility does not have a "clean room" for submitting samples, or where there is reasonable suspicion that the employee may attempt to compromise the accuracy of the testing procedure. (e) Confirm any sample that tests positive in the initial screening for drugs by testing the second portion of the same sample by gas chromatography/mass spectrometry (GC/MS) or an equivalent of better scientifically accurate and accepted method that provides quantitative data about the detected drug or metabolites. (f) Provide the employee tested with an opportunity to have the additional sample tested by a clinical laboratory or hospital facility of the employee's own choosing, at the employee's own expense; provided the employee notifies the City within seventy-two (72) hours of receiving the results of the test and provided further that the laboratory or clinic and the testing procedure, including chain -of -custody for the transfer of such sample, meets or exceeds the standards established in this Agreement and is confirmed by a neutral third party. (g) Require that the laboratory or hospital facility report to the City that a blood or urine sample is positive only if both the initial screening and confirmation test are positive for a particular drug. The parties agree that should any information concerning such testing or the results thereof be obtained by the City, inconsistent with the understandings expressed herein (e.g., billings for testing that reveal the nature or number of tests administered), the City will not use such information in any manner or form adverse to the employee's interests. (h) Require that with regard to alcohol testing, for the purpose of determining whether the employee is under the influence of alcohol, test results showing an alcohol concentration of .02 percent or more based upon the grams of alcohol per 100 millimeters of blood shall be considered positive. (i) Provide each employee tested with a copy of all information and reports received by the City in connection with the testing and the results. Ensure that no employee is the subject of any adverse employment action except emergency temporary reassignment or relief from duty with pay during the tendency of any testing procedure. Any such emergency reassignment or relief from duty shall be immediately discontinued in the event of a negative test result, and the employee shall be fully reinstated to unrestricted duty status. This Section shall not in any way limit the City's right to take such action as it deems appropriate if an employee is determined to have engaged in conduct prohibited by Section 17.2 of this Article or in conduct that is otherwise subject to discipline. Section 17.6 Disciplinary Action Use, sale, purchase, delivery or possession of illegal drugs at any time, and at any place (on or off the job) while employed by the City (except when authorized in the line of duty); abuse of prescribed drugs, failure to report to the Chief any known adverse side effects of medication or prescription drugs which the employee may be taking; and consumption, possession or being under the influence of alcohol while on duty, or on City premises (except when authorized in the line of duty), shall be cause for discipline, up to and including termination, subject to the disciplinary procedures set forth Article 7 of this Agreement. In cases where, in the City's discretion, discipline less than discharge is determined to be appropriate, such discipline will be conditioned upon the employee: 31 (a) agreeing to appropriate treatment as determined by the physician(s) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treating the employee to disclose to the City Administrator, and/or the Human Resources Manager, the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment; (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; (e) agreeing to submit to unlimited random testing during hours of work during the period of "after -care," and for a period of eighteen (18) months following the period of "after- care." Employees who do not agree to or act in accordance with the foregoing, or who test positive a second or subsequent time for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to return an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a direct threat to the property and safety of others. Such employee shall be afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Section 17.7 Voluntary Request for Assistance The City shall take no adverse employment action against any employee who voluntarily seeks treatment, counseling or other support for an alcohol or drug related problem, other than that the City may require reassignment of the employee with pay if he is unfit for duty in his current assignment. The foregoing is conditioned upon the employee: (a) agreeing to appropriate treatment as determined by the physicians) involved; (b) discontinuing use of illegal drugs or abuse of alcohol; (c) agreeing to authorize persons involved in counseling, diagnosing and treatment of the employee to disclose to City personnel the employee's progress, cooperation, drug and alcohol use and any dangers perceived in connection with performing job duties and completion or non -completion of treatment; (d) completing the course of treatment prescribed, including an "after -care" group for a period of up to twelve (12) months; and (e) agreeing to submit to unlimited random testing during hours of work during the period of "after -care," and for a period of eighteen (18) months following the period of "after- care." 32 Employees who do not agree to or act in accordance with the foregoing, or who test positive for the presence of illegal drugs or alcohol during the hours of work, shall be subject to discipline, up to and including discharge. This Article shall not be construed as an obligation on the part of the City to retain an employee on active status throughout the period of rehabilitation if it is appropriately determined that the employee's current use of alcohol or drugs prevents such individual from performing his duties or whose continuance on active status would constitute a Erect threat to the property and safety of others. Such employee shall be afforded the opportunity, at his option, to use accumulated paid leave or take an unpaid leave of absence pending treatment. Upon successful completion of the treatment, the employee shall be returned to his position. This Article also shall not in any way limit the City's rights to take such action as the City in its discretion deems appropriate if an employee engages in conduct prohibited by Section 17.2 of this Article, or in conduct that is otherwise subject to discipline and is aggravated by drug or alcohol abuse. Section 17.8 Treatment The City's obligation to provide treatment under this Agreement for alcohol and substance abuse shall be limited to services provided and paid for by the City's insurance plan in which the employee is enrolled. ARTICLE 18 EMPLOYEE STATUTORY RIGHTS Section 18.1 Personnel Files The City agrees to abide by the requirements of the "Personnel Record Review Act," 820 ILCS 40. All written evidence of discipline shall stay in an employee's personnel file. However, after the passage of three (3) years, a written or verbal warning will not be utilized in establishing subsequent discipline, provided that conduct similar to that giving rise to the warning has not occurred during that period of time. SectionIndemnification The City agrees to abide by all statutory requirements for indemnification of public employees. Section 18.3 Access to Arbitration The parties agree that an alleged violation of Section 18.1 or 18.2 may not be taken to arbitration under the grievance procedure. ARTICLE 19 GENERAL PROVISIONS Section 19.1 Gender Unless the context in which they are used clearly requires otherwise, words used in this Agreement denoting gender shall be deemed to refer to both the masculine and feminine. Section 19.2 Ratification and Amendment This Agreement shall become effective when ratified by the Union and the City Council and signed by authorized representatives thereof and may be amended or modified during its term only with mutual written consent of both parties. 33 Section 19.3 Fitness Examinations If there is any question concerning an employee's fitness for duty, or fitness to return to duty following a layoff or leave of absence, the City may require, at its expense (to the extent not covered by insurance), that the employee have an examination by a qualified and licensed physician or other appropriate medical professional selected by the City. The City may also require any or all employees to take a complete physical exam as often as once a year. Such physical examinations shall not include employee drug or alcohol testing. Prior to requiring an employee to release the results of an examination due to a question concerning his fitness for duty, as opposed to a normal examination or one scheduled due to a return from a leave of absence of layoff, the Chief shall provide the employee with written notice of the reasons for the examination. Section 19.4 Outside Employment Employees shall not be employed by employers other than the City, nor shall they contract for, or accept anything of value in return for services, nor shall they otherwise be self-employed for remuneration, without the written approval of the Police Chief within fourteen (14) days of the Employee's acceptance of outside employment. Employees wishing to hold outside jobs, including self-employment, which will not result in a conflict of interest or infringe on their ability to do their job for the City, shall apply in writing to the Police Chief for approval on a form provided by the City. Such application shall be approved or denied within ten (10) working days after submission. Written approval will not be unreasonably withheld where the proposed employment will not: (a) present a conflict of interest; (b) infringe on the employee's ability to do his job for the City; (c) unreasonably increase the City's exposure to legal liability for the employee's off -duty activities; or (d) negatively reflect upon the City or be prohibited by law. If outside employment, including self-employment, has previously been approved or permitted by the City, and if it later appears that such outside employment, including self-employment, will result in a conflict of interest, infringe on the ability of the employee to do his job for the City, increase the City's exposure to legal liability, or negatively reflect upon the City or be prohibited by law, prior approval for such outside employment may be revoked, provided that the employee involved shall receive at least fourteen (14) calendar days advance notice in writing of such revocation. The City shall not unreasonably revoke approval of outside employment. Section 19.5 No Smoking All employees are strongly encouraged to quit smoking. Any employees who do not quit smoking may be required by the City of department policy to confine their smoking to a designated area(s). 34 Section 19.6 Special Assignment Employees The City retains its right to participate in any governmental or inter -governmental agency having an independent law enforcement authority or basis of jurisdiction. Without otherwise limiting an employee's legal rights, the parties agree that any contract disputes relating to an employee's hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the intergovernmental agency shall not be subject to the grievance and arbitration procedure. Any contract disputes relating to hours, wages, or terms and conditions of employment that arise as a result of a decision rendered by the City of McHenry will remain subject to the grievance and arbitration provisions of Article 8. Section 19.7 Rules and Regulations The City's existing policies, procedures, rules and regulations, as well as those of its Police Department, shall not be considered a part of this Agreement. Such policies and procedures shall control unless in conflict with specific provisions of this Agreement. The Union acknowledges the right of the City to make, alter, interpret and enforce reasonable and lawful rules, orders and policies as it deems appropriate, consistent with the Management Rights Article of this Agreement. Other than in an emergency situation, where the City seeks to add to, modify, alter, change, delete, or otherwise amend or supplement the existing policies, procedures, rules, regulations, orders or directives of the City or the Police Department, the City shall notify the Union in writing of the proposed change(s) at least ten (10) days prior to the effective date of the modification of said non -economic terms and conditions of employment, and shall provide a reasonable opportunity to the Union, before the proposed modifications are finalized, to meet and discuss with the City the proposed modification. Any meeting that occurs pursuant to this Section shall be in the form of a labor-management conference pursuant to Article 4 of this Agreement. SectionInoculations The City shall offer, at City expense, a Hepatitis B Virus (HBV) Inoculation Series to all employees. The City shall administer or provide a verification test of successful inoculation to any employee that receives the inoculation series, and any additional inoculations. As non - experimental inoculations become available (as approved by FDA) for additional strains of hepatitis, Human Immune Deficiency Virus (HIV) related conditions or Acquired Immune Deficiency Syndrome (AIDS) antibody positive conditions, such inoculations at City's expense shall be provided to employees. Section 19.9 Communicable Diseases The City and the employee shall notify each other as soon as possible if the employee, in the course of his duties, has come into contact with persons found to have a contagious disease. If it is determined that the employee has come into such contact, the City shall provide any medical examination and/or diagnostic test, if necessary, to protect the safety of the employee and/or members of his immediate family with whom he resides. Costs for treatment shall be paid for by the City to the extent they are not otherwise covered by insurance. Section 19.10 Replacement of Personal Property In the event, any item of personal property specified below is lost or damaged in the course of an employee's duties while the employee is exercising due care and caution under the circumstances, the City will reimburse the employee for the repair or replacement of such 35 item(s), provided the incident and the amount of the loss or damage is promptly reported to the Police Chief or designee. Further, the City's responsibility under this Section shall not exceed three -hundred dollars ($300) per employee, per incident, and the City, in its discretion, may pay only for the functional equivalent of the personal property damaged, where the cost of the actual damaged property, although under three -hundred dollars ($300), is deemed excessive by the Chief of Police. In the event that the loss or damage is determined not to be in the course of employment or is found to be due to the employee's negligence or as a result of ordinary wear, no reimbursement shall be made. The following items shall be subject to replacement or repair under the provisions of this Section: eyeglasses, prescription sunglasses, contact lens, hearing aids and watches. The City reserves the right, upon application by an employee, to replace other personal property items at the City's sole discretion. The employee shall, when applicable, pursue court -ordered restitution, and such restitution will be signed over to the City, up to the amount the City paid to the employee. Section 19.11 Location of Meetings All meeting for purposes of administering or negotiating this Agreement shall be held in McHenry, Illinois unless mutually agreed upon otherwise. Section 19.12 No Solicitation While the City acknowledges that the Union may be conducting solicitation of City merchants, residents or citizens, the Union agrees that none of its officers, agents or members will solicit any person or entity for contributions or donations on behalf of the City of McHenry or the McHenry Police Department. The Union agrees that the City name, badge, insignia, communication systems, supplies and materials will not be used for solicitations purposes. Solicitation by bargaining unit employees may not be done on work time or in work areas. Neither the Lodge nor the Illinois Fraternal Order of Police Labor Council, nor its agents or representatives may use the words "McHenry Police Department" or "City of McHenry" in its name. The Union further agrees that any written or oral solicitation of McHenry residents, citizens or merchants and businesses will include the words "This solicitation is not made on behalf of, nor do receipts go to the benefit of, the McHenry Police Department of the City of McHenry." The foregoing shall not be construed as a prohibition of lawful solicitation efforts by the Lodge or Illinois Fraternal Order of Police Labor Council directed to the general public, nor shall it limit the City's right to make public comments concerning solicitation. ARTICLE 20 SAVINGS CLAUSE In the event any Article, section or portion of this Agreement should be held invalid and unenforceable by any board, agency or court of competent jurisdiction or by reason of any subsequently enacted legislation, such decision or legislation shall apply only to the specific Article, section or portion thereof specified in the board, agency or court decision or subsequent litigation, and the remaining parts or portions of this Agreement shall remain in full force and effect. If there is a conflict between the provisions of this Agreement and any legal obligations or affirmative action requirements imposed on the City by federal or state law, such legal obligations or affirmative action requirements thus imposed shall be controlling. 36 ARTICLE 21 IMPASSE RESOLUTION Upon the expiration of this Agreement, the remedies for the resolution of any bargaining impasse shall be in accordance with the Illinois Public Labor Relations Act, Section 14, as amended, with the following exception: The neutral interest arbitrator shall be selected in accordance with the selection procedure set forth in Section 8.3 of this Agreement, with the provision that the entire panel of arbitrators requested has experience in interest arbitration. ARTICLE 22 ENTIRE AGREEMENT This Agreement constitutes the complete and entire agreement between the parties, and concludes collective bargaining between the parties for its term. This Agreement supersedes and cancels all prior practices and agreements, whether written or oral, unless expressly stated in this Agreement. The parties acknowledge that during the negotiations which resulted in this Agreement, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law or ordinance from the area of collective bargaining, and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in this Agreement. The City and the Union, for the duration of this Agreement, each voluntarily and unqualifiedly waives the right, and each agrees that the other shall not be obligated, to bargain collectively with respect to any subject or matter, whether or not referred to or covered in this Agreement, even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Agreement. It is expressly agreed that the City may unilaterally exercise any management rights consistent with Article 3 even though the exercise of such rights may involve subjects or matters not referred to or covered in this Agreement. ARTICLE 23 TERM OF AGREEMENT This Agreement shall be effective from May 1, 2017 and shall remain in full force and effect through April 30, 2021. It shall automatically be renewed from year to year thereafter, unless either parry shall notify the other in writing at least ninety (90) days prior to the anniversary date that it desires to modify this Agreement. In the event that such notice is given, negotiations shall begin no later than sixty (60) days prior to the expiration date. Notwithstanding any provision of this Article or Agreement to the contrary, this Agreement shall remain in full force and effect after the expiration date and until a new agreement is reached unless either party gives at least ten (10) days written notice to the other party of its desire to terminate this Agreement, provided such termination date shall not be before the anniversary date set forth in the preceding paragraph. Executed this day , 2017. CITY OF MCHENRY: ILFOP, LABOR COUNCIL: Susan E. Low Mayor Date Laura Cox Unit Steward Date 37 Janice C. Jones City Clerk SEAL: Date Justin Leibach Unit Steward David Porter Unit Steward Date m APPENDIX A - WAGE SCHEDULES Telecommunicators Current May 1, 2017 May 1, 2018 May 1, 2019 May 1, 2020 2.50% 175% 150% 2.75% Start 4%304 50,536.22 51,925.97 53,224.12 5407.78 After 1 Year 51,044 52,320.12 53,758.92 55,102.89 56,618.22 After 2 Years 52,785 545105*12 55,593.01 56,982.84 58,549.87 After 3 Years 54,528 55,891.20 57,428.21 580192 605482068 After 4 Years 56,273 57,679.48 595265067 60,747.31 625417686 After 5 Years 58,013 59,463.38 615098062 625626009 645348431 After 6 Years 5%757 615250956 623934.95 64,508.32 66,282.30 After 7 Years 61,501 63,038.83 64,772.40 66,391.71 68,217.48 After 8 Years 63,242 64,822.73 66,605.36 68,270.49 70,147993 After 9 Years 645991 665615.38 681447030 70,158.48 72,087.84 Community Current May 1, 2017 May 1, 2018 May 1, 2019 May 1, 2020 Service Officers 150% 2.75% 2.50% 2.75% Start 37,921 38,868.72 39,937.61 40,936.05 42,061.79 After 1 Year 39,802 40,796.91 41,918.83 425966080 44,148.39 After 2 Years After 3 Years 415684 43,562 42,726.18 44,651.09 43,901.15 45,878.99 445998.68 475025996 465236914 48,319.17 After 4 Years 45,443 46,579.28 4700.21 49,056.72 50,405.78 After 5 Years 47,326 485509965 495843*67 51,089.76 52,494.73 After 6 Years After 7 Years 4%207 519089 50,43634 52,366.03 51,823.75 5306.10 535119934 55,151.25 54,580.12 56,667.91 After 8 Years 525969 54,293.12 55,786.18 57,180.83 58,753.30 After 9 Years 54,855 569226.77 573773.01 59,217.34 60,845.82 39 Records Clerks Current May 1, 2017 May 1, 2018 May 1, 2019 May 1, 2020 2.50% 2.75% 2.50% 2975% Start 37,921 38,868.72 39,937.61 405936605 42M61.79 After 1 Year 395802 40,796.91 41,918.83 42,966.80 44,148.39 After 2 Years After 3 Years 41,684 43,562 421726018 44,651.09 433901615 45,878.99 445998068 47,025.96 465236014 48,319.17 After 4 Years 455443 46,579.28 47,860.21 49,056.72 50A5.78 After 5 Years 475326 48,509.65 49,843.67 51 M89.76 525494.73 After 6 Years 49,207 50A36.74 51,82175 535119034 54,580.12 After 7 Years 51,089 52,366.03 5306.10 55,151.25 56,667.91 After 8 Years 525969 54,293.12 555786*18 57J80.83 589753630 After 9 Years 54,855 56,226.77 575773.01 5%217.34 60,845.82 Retroactive pay increases from May 1, 2017 and continuing shall be made for all hours paid at the applicable rate of pay and shall include premiums paid to employees who act as trainers. APPENDIX B - SIDELEI TER OF AGREEMENT Sei.,. ?.d I=1I°�- o-c 4 �� >. ,q 3 + '. q '�,- 7s� �',F� .. :. _i de �...6 �-: +�' l r : <,II,R :., 1. ... .. _;� ...,.i p •:.'.� - pl�r yr; .:. <.er +'� ` brla ".. .,r ..� t r;. .. , � r• + .�.;d `d•�.d _X. =! it ',- 'd :.;.M MITITIOTTLIT M T y: A. ;r° 1 ; 11 IV f; ' b " In i V' C-1 KL" 11 j 16 ,E !:. 1,' � ` � ! ! •� _ � � _ .. � E ` s :a TFI r.l. ! w. � 1 Mild 91 F[ 1. �_o � :d d � Wei iM q"+ 1 r: !r', ° z'.=•� I ! !! �.a::. ;: ; +;a ' a -q: i, q'4 i `. � 1 •. !' �d ei? F .,. M m _ + , � "i. .. . aid p� "' h !� 1 p t 'i'. 4 _° �: -t .. + ++ 9 e a F All it CAN 1P a, i:..-.. 41 , • , e ;v � Y n ' a .� 'i'1'-.` �� I,iell ce in 4,d, * ,.. i" *,.Y, a �, � 1 "� .� A � .:. 1 'Y 4t: rf " ro ftswvrd 'o i io P: 7 Sidol&w 1. Agm=ett AO 6 = ton4fiftmfind nopreccdentwasto Bwwm :C.•N a i• i l .. ...E ; - ie ". . : r A an p ' 9 ""IF tea. '1 * = m &.. ,,.Ia purpom fil :wl.l. o...'wA r '411This .' d -� •1, a:.. ilA v El. ' Iwh. r 1.3 iti .,.� 1. - -;; Y,-d ., APPENDIX C -AGREEMENT TO EXTEND TIME LIMITS The City of McHenry and the Illinois Fraternal Order of Police Labor Council by its authorized representative do hereby agree to extend the time limits for further processing the grievance commonly referred to as the grievance. This grievance is currently at Step of the grievance procedure. It shall be frozen at that step to allow the parties further opportunity to investigate the dispute until either party delivers to the other a written notice demanding that the grievance processing resume. Neither party waives its position or rights with regard to this grievance by making this agreement to extend the time limits. This form is also available for use in connection with the holding of a grievance meeting under the Agreement. For use in that connection, it is hereby agreed that the seven (7) calendars Jay period for holding the meeting is hereby extended to and including FOR THE EMPLOYER FOR THE LABOR COUNCIL DATE DATE 43 APPENDIX D - DUES AUTHORIZATION FORM ILLINOIS FRATERNAL ORDER OF POLICE LABOR COUNCIL 974 CLOCKTOWER DRNE SPRINGFIELD, ILLINOIS 62704 I, ,hereby authorize my Employer, the City of McHenry to deduct from my wages the uniform amount of monthly dues set by the Illinois Fraternal Order of Police Labor Council, for expenses connected with the cost of negotiating and maintaining the Collective Bargaining Agreement between the parties and to remit such dues to the Illinois Fraternal Order of Police Labor Council as it may from time to time direct. In addition, I authorize my Employer named hereinabove to deduct from my wages any back dues owed to the Illinois Fraternal Order of Police Labor Council from the date of my employment, in such manner as it so directs. Date: Employment Start Date: Title: Signed:_ Address: City: State: Telephone: Employer, please remit all dues deductions to: Illinois Fraternal Order of Police Labor Council Attn: Accounting 974 Clocktower Drive Springfield, Illinois 62704 (217) 698-9433 Dues remitted to the Illinois Fraternal Order of Police Labor Council are not tax deductible as charitable contributions for federal income tax purposes; however, they may be deductible on Schedule A of Form 1040 as a miscellaneous deduction. APPENDIX E Unit 2 — Dispatch Schedule Proposal Wednesday Thursday Friday Saturday Sunday Monday Tuesday Week 2 22 A (6ain — 6 m) 22 A (6am — 6 m) 22 A 6am — 6 m 22 C (6am — 2 m) 22 C (6am — 6 m) 22 C 6am — 6 m 22 C (6am — 6 m 22 B (6am — 6 m) 22 B (6am — 6 m) 22 B (6am — 6 m) 22 D (6am — 2pm) 22 D (barn — 6 m) 22 D (6am — 6 m) 22 D (6am — 6 m) 22 E (6 m — 6am) 22 E (6 m — 6am) 22 E (6 m — 6am) 22 G (2pm — 10 m) 22 G (6 m — 6am) 22 G 6 m — 6am) 22 G (6 m — 6am 22 F 6 m — 6am 22 F (6 m — 6am) 22 F (6, rn — 6am) 22 F (I O m — 6am) 22 H (6 m — 6am) 22 H (6 m — 6am) 22 H (6 m — 6am) 22 I (2pm — 2am) 22 I 2 m — 2am) 22 I (2pm — 2am (2am — 6am) PT Fill-in 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 3 In a seat from 3 In a seat from 3 IN a seat from 2 m-2am) 2 m-2am 2 m-2 m Week 2 22 A (6am — 6 m) 22 A (6am — 6 m) 22 A (6am — 6 m) 22 A 6am — 2 m) 22 C (6am — 6 m) 22 C (6am — 6 m) 22 C (6am — 6 m 22 B (6am — 6 m) 22 B (6am — 6 m) 22 B (6am — 6 m) 22 B 6am — 2 m) 22 D (6am — 6 m) 22 D (6am — 6 m) 22 D (6am — 6 m) 22 E (6 m — 6am) 22 E (6 m — 6am) 22 E (6 m — 6am) 22 H (2pm -9 m 22 G (6 m — 6am) 22 G (6 m — 6am) 22 G (6 m — 6am) 22 F (6 m — 6am) 22 F (6 m — 6am) 22 F (6 m — 6am) 22 E (10 m -6am) 22 H (6 m — 6am) 22 H (6 m — 6am) 22 H (6 m — 6am) 22 I (2pin — 2am) 22 I 2 m — 2am) 22 I (2pm — 2am) 22 I (2pm — I 0 m) (2am — 6am) PT Fill-in 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hn(2pm-2am) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 2 In a Seat (24 Hrs) 3 In a seat from 3 In a seat from 3 IN a seat from (2pm-2am) 2 m-2 m Bi-Weekly Proposal with a single 8 hour shift • All shifts count towards the day your shift starts regardless if it carries over in the next calendar day. This is opposite of how you view your current schedule for the midnight shift. • Each respective Shift assignment has a designated 4 hour block attached to it. Trades can be made in accordance with your contract. L''F�